Chap. 800.—An ACT to provide a road law for Campbell county.

Approved March 6, 1900.

1. Be it enacted by the general assembly of Virginia, That for each
magisterial district in the county of Campbell, there is hereby created
and established a road board consisting of the supervisor (who shall
be chairman of said board), a commissioner of roads, and one of the
justices of the peace of said district (who shall be ex officio clerk of
said road board), which board shall have exclusive control of the roads
and bridges of said district.

2. That the commissioner of roads and justices of the peace (who shall
be clerk of said district road board) shall be appointed by the judge of
the county court of said county at the May term for the vear nineteen
hundred, whose terms of office shall be for two years, beginning on
the first day of July next succeeding their appointment. They shall
reside in the district for which they are appointed. Each commissioner
of roads, and justice of the peace thus appointed, shall qualify before
the county court, and the commissioner shall, at the time of his qualifi-
cation, give bond with good security in the penalty of not less than one
thousand dollars. |

3. The said commissioner of roads shall receive such compensation
for his services as the board of supervisors shall allow, not to exceed
one dollar and fifty cents per day, and not to exceed thirty-five
($35) dollars per annnm; and the justice of the peace shall receive
for his services ten ($10) dollars per annum, to be paid to him at
such times and in such amounts, by warrants drawn by said board on
the treasury of said county, as said board may, bv its order entered
on its minutes, determine. Any vacancy in the office of commissioner
or justice of the peace shall be filled for the unexpired term by the county
court. The said commissioner and justice of the peace, before entering
upon the duties of their office, shall severally take an oath to faithfully
perform the duties of their offices, which oath shall be filed by the clerk
of said county court.

4. Each commissioner shall, as soon as practicable after his qualifi-
cation, carefully examine all the public roads of his district, and lay
off and divide them into sections from one to five miles, no single sec-
tion to be more than five miles in length.

5. The commissioner of each magisterial district shall let to contract
by the year, for the term of one to three vears, in the discretion of the
road board, in one or more sections (the sections having been numhered),
to the lowest suitable bidder, having first advertised for sealed bids,
stating clearly in the advertisement the work to be done in said section
of road or bridges therein, in addition to what is specified and required
by section nine hundred and eightv-two of the code, notice of which
letting to contract shall be posted for not less than ten davs at each
post-office and other public places in the district. The bids shall be in
writing and signed bv the contractor, and the same shall be delivered
under seal to the said road board for their examination and acceptance
or rejection, and at their first mecting thereafter each contractor shall
be required to execute a bond to the county, with good security, in the
penalty of at least double the amount of his bid, conditioned for the
faithful performance of his contract, and a recovery may be had for
any breach of said contract in the name of the county for the benefit of
the road fund in the county court, by motion after ten days’ notice, to
the contractor and his securities, and in case of a recovery on said
motion the same costs shall be taxed in said judgment as if the motion
was in favor of the commonwealth. And any such judgment may be de-
ducted by said road board from the amount due said contractor on his
contract. The attorney for the commonwealth shall institute and pro-
secute such motion. The said contract and bond shall be filed with the
clerk of said road board.

6. Should there be any section or sections of road upon which there
is no sealed bid, the road commissioner, after advertising as is herein-
before directed, may receive propositions to contract for said section or
sections without requiring said proposals to be sealed, said proposals to
be subject to same requirements in contracting as sealed bids.

7. If any section or sections of roads remain unlet by reason of their
being no bid, or for any other reason, the commissioner of roads and
bridges shall appoint or employ an overseer for such road or section of
road; said overseer to be paid such compensation per day as may be
agreed upon by the road board. Said overseer shall employ such labor
as may be necessary to keep such road in repair, paying such prices as
are customary in the community.

8. An itemized account of all work done by overseers shall be kept,
and said overseers shall make off and swear to said accounts and submit
same to commissioner of roads, and upon his approval said accounts shall
be presented to the road board, and, if found to be correct, said board
shall give their warrant upon the county treasurer for the amount.

9. It shall be the duty of the commissioner of roads to give personal
supervision to all roads and bridges within their respective districts and
especially require foot bridges to be constructed and maintained over all
streams where necessary, for the convenience of pedestrians.

To see that the contractor is faithfully performing his contract, and
for any failure in carrying it out, the commissioner of the district shall
at once institute, through the attorney for the commonwealth, proceed-
ings for the recovery of damages for the breach of said contract.

10. Overseers appointed or employed under this act, shall be sub-
ject to the same requirements under section nine hundred and eighty-
two of the code, as are contractors.

11. The contractors shall be paid for work done under their con-
tract, semi-annually or oftener as the road board mav determine, which
payment shall be made by the warrant of said board upon the county
treasurer, but payment shall be withheld by said board, if at the time
fixed for such pavment said contractor’s road is not in order. until the
commissioner supervising the same shall report it to be in condition re-
quired by his contract.

12. The county treasurer shall keep the road funds separate from
other tax funds and the entire funds shall be placed to the credit of
the road fund.

13. All road taxes shall be expended in the district from which they
are collected.
14. Except as hereinbefore provided, the county treasurer shall here-
after pay out no money collected from road taxes, except on the warrant
of the road board of each of the several magisterial districts. No person
or persons in Campbell county shall hereafter be compelled to work on
the public roads without compensation.

15. No member of the road board shall be directly or indirectly in-
terested in any contract made under this act and any participation
therein by either, shall render the contract null and void.

16. The said county court shall have power at any time, for good
cause to revoke any appointment made under this act and to fill such
vacancies for the unexpired term.

17%. The board of the several districts may sell or dispose of any tools
or implements, which may be delivered to them by the present road
officials, or may have them used upon the roads of the county, as, in
their discretion, may appear best for the county. Any act required to
be done by said road board under and by virtue of this act may be
done at any meeting thereof.

18. All applications for new roads or for the change of location of
existing roads shall be made to the county court and proceedings there-
for shall be as now provided by the general law. When any new road
is ordered to be opened or the location of any road changed, the order
so declaring shall be certified to the road board of the district wherein
such road is located, and said board shall proceed to have the work done
by contract, as provided for keeping the roads in order in this act.

19. The general road law of the state, except so far as in conflict with
this act, shall be in force in the county of Campbell.

20. All acts and parts of acts inconsistent with this act are herebv
repealed.

21. This act shall be in force from and after the first day of July.
nineteen hundred.