Chap. 817.—An ACT to amend and re-enact an act entitled an act to provide
for the working and keeping in order, building and maintaining the public
roads and bridges in the county of Scott, the opening and establishment of
new roads, and to provide the funds therefor, approved February 14, 1898.

Approved March 6, 1900.

1. Be it enacted by the general assembly of Virginia, That the
board of supervisors of Scott county shall, on and after the first day of
April, eighteen hundred and ninety-eight, take charge of and have
worked and kept in good order and repair, subject to the provisions of
this act, all public roads and bridges established, or that may be here-
after established, in said county, and for this purpose may, in addi-
tion to those hereinafter prescribed, adopt such rules and regulations as
they may deem proper, expedient, and necessary.

2. That said board of supervisors shall annually levy, along with
the county levy, a road tax upon the property, real and personal, as-
sessed for taxation in the several magisterial districts of their county,
which shall be applied, as hereinafter provided, to the working, keeping
in order, and repairing the public roads and bridges in the magisterial
district in which such tax is levied. Such tax shall be not less than
twenty nor more than thirty-five cents upon every one hundred dollars
in value of such property, and the same shall be collected and accounted
for by the treasurer of said county, and paid out only on the warrant
of the board of supervisors. The fund collected from each magisterial
district shall be kept separate by said treasurer, and a different rate of
tax may be prescribed for different districts in the same county. And
the amount collected in each district shall be expended therein.

3. Such bridges as are now established, or may be hereafter estab-
lished, across the boundary line between two magisterial districts, shall
be built, repaired, and maintained by the said two magisterial districts
jointly, in equal proportion; and all bridges, as aforesaid, between the
said county of Scott and adjoining counties shall be built, repaired, and
maintained as now provided by law.

4. The county court of said county, or the judge thereof in vaca-
tion, shall, prior to the first day of May, eighteen hundred and ninety-
eight, appoint one inspector of roads and bridges for each magisterial
district, which inspectors shall reside in the respective district for
which they are appointed, and it shall be their duty to inspect and super-
vise the roads and bridges within their respective districts, and report
the conditon thereof as often as requested to the board of supervisors.
The said inspectors shall hold their office for the term of two years
from the first day of July after their appointment, unless sooner re-
moved by said court, or the judge thereof in vacation, for neglect of
duty or malfeasance in office. The said inspectors shall each receive the
sum of one dollar per day for their services hereinunder, not to exceed
twenty dollars for any one year, to be paid them at such times in each
year, and in such amounts by warrants drawn by the board of super-
visors on the treasurer of the county as said board may determine. Any
vacancy in the office of inspector shall be filled for the unexpired term bv
the court aforesaid, or the judge thereof in vacation. Said inspectors,
before entering upon the duties of their office, shall severally take and
subscribe an oath to faithfully perform the duties of their office of in-
spector, which oath shall be filed with the clerk of the county court of
said county.

5. Each inspector shall, as soon as practicable after his appointment
and qualification, but before the fifteenth day of June, eighteen hundred
and ninety-eight, carefully examine all public roads and bridges within
his district, and shall lay off and divide said toads into sections. He
shall designate each section by number, and as follows:

Road section number —————, for ———————— magisterial dis-
trict; extending from ——————— to ———————_.

Said inspectors shall attend and file with the board of supervisors at
their annual meeting in June, eighteen hundred and ninety-eight, and
annually thereafter if required, a list of the various sections into which
they have divided the roads of their respective districts. For failure on
the part of any inspector to perform the duties imposed by this sec-
tion he shall forfeit five dollars of his salary, which shall be withheld hy
the board of supervisors, and applied to the road fund of the district
for which said inspector is appointed.

6. The board of supervisors may at any time, in their discretion
let to contract by the vear or for a shorter term, to the lowest suitable
bidder, any section or sections of road and bridges therein in am
magisterial district. If they deem it necessary they may advertise fo1
such bids, reserving the right to reject any or all of them. Such contract
shall be in writing, signed by the parties, and shall set out the char.
acter of the work required to be done in addition to what is specified anc
required by section nine hundred and eighty-two of the code of Virginia
Fach contractor shall be required to execute, contemporaneously with the
signing of said contract, a bond to the county, with good personal secu.
rity, approved by the board, in a penalty of at least double the amount o:
his bid, 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 ir
the county court. bv a motion, after ten days’ notice to the contractor anc
his securities, and in case of a recovery on said motion, the same cost
shall be taxed in said judgment as if the motion was in favor of th:
commonwealth, and any such judgment may be deducted bv said boar
of supervisors from the amount due said contractor on his contract. I
nothing be due him, however, or if such recovery exceed the amoun’
due him, then such amount or excess shall go to the road fund of the
district in which the road or bridge contracted to be worked, built or
repaired, is located. The attorney for the commonwealth shall institute
and prosecute such motion. All such contracts and bond shall be drawn
by or under the supervision of the attorney for the commonwealth, and
for each contract and bond so drawn by him he shall be entitled to a
reasonable compensation to be paid by the contractor. All contracts
and bonds drawn and executed hereunder shall be filed with the clerk
of the board of supervisors. ‘There shall, however, be reserved by. the
board of supervisors a sufficient number of sections in each district to
satisfy the provisions of section twenty of this act.

7. ‘The contractors shall be paid for work done under their contracts
semi-annually, or oftener, as the board of supervisors may determine,
which payments shall be made by the warrant of said board upon the
county treasurer, payable out of the road fund of the district wherein
the road or bridge specified in the contract is located, but payment shall
be withheld by said board if at the time fixed for such payment said
contractor’s road is not in order or in accordance with his contract until
the inspector of roads for such district shall report it to be in the con-
dition required by the contract: provided, that in no case shall more
than three-fifths of the money due under the contract be paid to any
contractor until the road, bridge, or work has been inspected, accepted,
and approved by the inspector of roads and supervisor of the district in
which such road or bridge is located or said work is done.

8. The inspector of roads of each magisterial district shall, as soon
as he has laid off the roads in his district into sections, appoint, by and
with the approval of the supervisor of his district, one overseer for
each section of road so laid off, who shall be a discreet and reliable man
and resident of the district for which he is appointed. Such overseers
shall qualify by taking the usual oath of office for the faithful per-
formance of their duties before a justice or other officer authorized
by Jaw to administer the same, and each shall continue in office until
his successor is duly appointed and qualified, unless sooner removed
bv said inspector and supervisor, in which case they shall proceed at
once to fill the vacancy. The term of office of said overseer shall be for
two years, commencing on the first day of July after their appoint-
ment. It shall be the duty of each inspector of roads to file along
with his report, required by section five of this act, a list of such over-
seers showing the section to which each is assigned.

9. The board of supervisors shall, through one of their number or
the inspector of roads, and at such times as they may fix and prescribe,
inform the overseers of those sections which have not been or will not
be let to contract, directing and requiring them to work and put in order
their ressective xections and designating the number of hands each
shall employ, and fixing a limit, if they think proper, to the number of
davs said section shall be worked, being governed in such bv the amount
of the road fund for said district. All work ordered under this section
shall be done between the first of April and the first of November in
each year, but if anv obstruction or other injury occur on any road or
bridge between the first of February and the first of Novemher it shall
be removed or repaired as soon as practicable and in accordance with the
provisions of this act. In having roads worked or in letting the same
to contract the board of supervisors will observe the following order and
preference: first, all main thoroughfares; second, the most important
lateral roads; and third, all other roads.

10. It shall be the duty of the overseer of each section to be present
and give personal attention at any and all times when his particular
section is directed or ordered to be worked, and to supervise and list
all hands who shall report to him under the provisions of section twenty
of this act and be responsible for such tools as may be furnished him
by the board of supervisors or inspector of his district. Each overseer
shall be required to keep the section of road under his charge clear and
smooth, free from loose rocks, from gates unlawfully. kept up, and other
unlawful obstructions of the required width, well drained; and in
addition, conform to the requirements, as near as may be, of section
nine hundred and eighty-two of the code of Virginia. When the grade
on any road exceeds five degrees, it shall be put on a new location, or
cut down, when practicable, to this degree, as shall be deemed most
expedient by the board of supervisors, who shall determine the same,
subject to the provisions of section sixteen of this act. Each overseer
shall be paid one dollar for each day of nine hours actually employed
in working on his section; and for his failure to comply with the re-
quirements of this act, or to keep his section of road (unless the same
be let to contract) in as good condition as possible, with the means at
his command and the time allotted him for work by the board of super-
visors, after he shall have been ordered to work the same, he shall be
fined not less than five nor more than twenty dollars, which shall be
applied to keeping his section of road in good order. It shall be the
duty of the inspector of roads or any citizen to report any neglect,
failure, or refusal on the part of any overseer to the attorney for the
commonwealth, who shall, if he be satisfied that there has been such
neglect, failure, or refusal, proceed against such overseer, as provided for
in this act.

11. Each overseer shall provide himself with a book, in which he
shall keep separately the names of each person hired by him under
the provisions of section nine of this act, the number of days each
works and the amounts; he shall also keep in said book the names, num-
ber of days worked, and amounts allowed each person who shall report
to him for work under the provisions of section twenty of this act.
He shall, when, and as often as required, deliver such book to the board
of supervisors or the inspector of his district for their inspection.

12. An itemized account of all labor done by himself and those hired
by him, and the amount therefor shall be made off and qualified to by
each overseer and submitted to the inspector of roads for his district.
and upon his approval said accounts shall be presented to the board of
supervisors, and, if found to be correct, said board shall draw their
warrants therefor on the county treasurer, payable out of the road fund
of the district in which the work was done, and to the respective par-
ties entitled thereto. Each of said overseers shall also make off and
file with the board of supervisors a list of all to whom he has delivered
the itemized statement required by section twenty of this act.

13. Each person who shall be hired to work on any road under the
provisions of this act, shall be paid for such work the sum of sixty
cents per day of nine hours each; there shall also be allowed and paid
for each wagon and team, with driver, the sum of one dollar and seventy-
five cents per day of nine hours; and for such other things, not herein
provided for that may be needed, such wage or sum as the board of
supervisors, in its discretion, may fix. All accounts for labor or other
thing hereunder shall be made off, sworn to, and paid as provided for
by section twelve of this act. Each person hired and performing labor
under this act shall provide and bring with him such tools as may be
necessary for him to have or required by the overseer.

14. When it becomes necessary, in the opinion of any supervisor of
any district, that the overseer of any section within such district should
have a sledge-hammer, drill, or powder and fuse for blasting, such
supervisor shall give an order therefor or procure the same, and the
actual cost thereof shall be paid by the board by warrant drawn on
the road fund of such district.

15. The board of supervisors shall keep a book known as the road
book, in which shall be kept an account of the road tax levied in each
magisterial district, and the amount collected thereof, and how appor-
tioned among the various sections of roads, and a list of all tools fur-
nished each overseer who, upon a new overseer being appointed, shall
account to the board of supervisors or the inspector of his district for
all tools furnished him. All accounts to be allowed under the pro-
visions of this act, all reports and settlements to be made, or warrants
to be drawn shall be passed upon, audited, examined, and made before
said board of supervisors semi-annually, or oftener, as said board may
determine. But said board of supervisors shall have no authority to
expend in any one year an amount larger than the road tax collected
for their respective districts in that vear, and for so doing they shall
be liable on their official bonds for the amount so overdrawn.

16. No new road shall be located or new bridge established or altera-
tion made in an established road, except upon the application to the
county court bv some citizen of the county, and no cost or expense in-
curred in making such application, and no cost or expense incurred
in making survey or location of said new road or bridge or alteration
in established roads shall be paid out of the county treasury, unless the
application for same shall he accompanied by the recommendation in
writing of the board of supervisors or a majority thereof; and if upon
the hearing of such application made in said manner, the county court
shall establish the said road, then the same shall be certified to the
board of supervisors, together with the probable cost thereof; and
the said board shall then take such action thereon as they may deem
best in the then condition of finances of the county, and may award
contracts therefor under the provisions of section six of this act. All
warrants issued under the provisions of this section shall he pavahle
‘out of the county levv. Nothing in this section shall prohibit or pre-
vent the countv court of the county from making surveys upon, or
establishing such new roads, bridge, or alteration at the expense of the
applicant therefor.

17. Where any great or unforeseen damages or obstructions occur to
or on any road or bridge, the overseer of the section in which the same
occurs shall apply to the supervisor or. inspector of his district for
authority to purchase such materials or hire such labor as may be neces-
sary to repair such damage or remove such obstruction. ‘The said super-
visor or inspector, if he deems it proper and expedient, may obtain or
authorize such repairs or the removal of such obstruction, and designate
to said overseer the number of hands to hire or the materials to get.
Such overseer shall return to the board of supervisors an account, on
oath, of the expenditures so made, and, if the board be satisfied of the
correctness of such account, shall allow the same.

18. Overseers may take from any convenient lands so much wood,
stone, gravel, or earth as may be necessary to be used in constructing
or repairing their respective sections or any bridge or causeway therein;
and may, for the purpose of draining the road, cause a ditch to be cut
through any lands adjoining the same: provided, such wood and other
articles be not taken from, and such ditch be not cut through any lot
in the town, yard, or garden without the consent of the owner. And
if the owner or tenant of any such lands from which such wood, stone,
gravel, or earth may be taken, think himself injured thereby, a justice,
upon application to him, shall issue a warrant to three freeholders, re-
quiring them to view the said lands and ascertain what is a just and
reasonable compensation to such owner or tenant for the damages to
him on account of such removal. The said freeholders, after being
sworn, shall accordingly ascertain such compensation and report the
same to the board of supervisors, whose decision thereon shall be final,
and who shall draw a warrant on the road fund of the district wherein
such lands are situated, for such amount as they shall allow.

19. Each member of the board of supervisors shall receive in addition
to the salarv now paid them, the sum of ten dollars per year for their
services under this act, to be paid out of the county levy.

20. Anv person assessed with taxes hereunder for road purposes may
pay the sum in work and labor performed by him or his employee on the
public roads of the magisterial district in which such tax is assessed at
the rate of sixtv cents per day of nine hours each; and for such purpose
mav report to the overseer of any section of road in said district when the
same is heing worked under the provisions of the overseer thereof.
When such Jabor is performed, the overseer, under whose supervision
it is done, shall, when requested, give the person by whom or on whose
account such labor and work is done an itemized statement, duly signed
hy him, showing the date and number of davs such work was done
and the amount allowed therefor. Upon presentation of such state-
ment. by the person by whom or on whose account such labor was done to
the supervisor of the district wherein the same was performed, it shall
he the duty of said supervisor, if, upon examination, he is satisfied of
the correctness of said statement, furnish such person a certificate to
the following effect: ————————— has worked —————— days on the
public reads of ——————— magisterial district, for which he is entitled
to a credit of ————————— dollars on the road taxes assessed against
him in said district for the year eighteen hundred and ninety
Given under my hand this —-———— day of ————————, eichteen
hundred and ninety |

Said certificate shall be duly signed by said supervisor, and such parts
thereof as are not printed shall be filled out or written by said supervisor
with ink. Said certificate shall be received by the treasurer of said
county, or his deputies, on the road taxes of the person whose name
appears on the face thereof that have been assessed against him for
the year and in the magisterial district which appear in the body of
said certificate, but none other. Said supervisors shall preserve all
itemized statements furnished them hereunder by any person to whom
a certificate is issued, and file the same before the board of supervisors
at their annual meeting. All certificates issued in pursuance of this
section and received by said treasurer upon the taxes aforesaid, shall be
a good and sufficient voucher for him in his settlement with the board
of supervisors. Said board of supervisors shall have printed a sufficient
number of the certificates provided for by this section.

21. No member of the board of supervisors or inspector of roads shall
be directly or indirectly interested in any contract made under this act,
and anv participation therein by either shall render the contract null
and void; and for a violation of this section the provisions of section
one thousand eight hundred and twenty-two of the code of Virginia,
as amended by the acts of the general assembly, eighteen hundred and
ninety-three and eighteen hundred and ninety-four, page five hundred
and sixty-four, shall apply.

22. All the present road officials of Scott county shall preceed to
settle their accounts as required by law, and account to the board of
supervisors or inspector of roads for the various districts for all road
tools or other county property in their custody, and deliver the same to
said board of inspectors, taking their receipts therefor. If such settle-
ments and accounting for tools or other property be not made and done
bv said road officials within reasonable time after this act gocs into
effect, it shall be the duty of the attorney for the commonwealth to pro-
ceed against them severally by rule issued from the county court of
said county.

23. Persons appointed by the county court as inspectors of road.
and bridges, and overseers of sections appointed by said inspectors and
members of the board of supervisors hereunder, shall be compelled to
act, unless released by the county court for cause shown. Any member
of the board of supervisors, or anv other person appointed under the
provisions of this act, failing to discharge any duty imposed bv thie
said act, or failing or refusing to act when appointed without being
released by said county court, shall be proceeded against in said court
by a rule or summons in the nature of an information. Such rule or
summons shall be issued by said county court on the motion of anv
citizen of said county, made through the attorney for the commonwealth.
citing the person named therein to appear before said court on the
first day of the term thereafter to answer the charge recited therein.
Such rule or summons shall be served at least five days before the return
dav thereof, and the same shall be tried by the said court, unless a jury
shall be demanded bv the defendant, and if found guiltv he shall, where
not otherwise provided, be fined not exceeding ten dollars. The costs
in any such proceeding shall be taxed as they are in misdemeanors.

24. The general road law of the state, except so far as the same is
in conflict with this act, shall be enforced in the county of Scott.
25. Previous special road laws in force in said county and all acts
or parts of acts inconsistent herewith are hereby repealed.

26. Persons hauling logs and lumber over any section of road shall,
after finishing such hauling, put the road in as good repair or condition
as said road was when such hauling began. Any person failing to
comply with the provisions of this section shall be fined twenty dollars.

27. This act shall be in force on and after its approval by the board
of supervisors of Scott county.