Chap. 474.—An ACT to amend and re-enact an act entitled an act to provide a
road law for Campbell county, approved March 5, 1900, providing and regu-
lating a road board for said county, and directing the disbursement of the
county’s road fund.

Approved April 2, 1902.

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 other person,
who shall be 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 clerk of the road board shall,
unless named herein, be appointed by the judge of the county court of
said county at the May term for the year nineteen hundred and two, and
every two years thereafter, 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, and shall
be a freeholder and own a wagon and team. Each commissioner of road
and each clerk of a road board thus appointed shall qualify before the
county court, and the commissioner shall, at the time of his qualification,
give bond, with good security, in the penalty of not less than one thou-
sand 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 dol-
lar and fifty cents per day, and not to exceed thirty-five dollars per an-
num; and the clerk of the road board shall receive for his services ten
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 eounty, as said
board may, by its order entered on its minutes, determine. Any vacancy
in the office of commissioner or clerk of the road board shall be filled for
the unexpired term by the county court. The said: commissioner and
clerk of the road board, before entering upon the duties of their offices,
shall severally take 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 qualifica-
tion, carefully examine all the public roads of his district, and lay off
and divide them into sections of from one to five miles, no single section
to be more than five miles in length.

5. The road board of each magisterial district may, in its discretion,
let to contract by the year for a term of one to three years any or all sec-
tions of its roads (the sections having been numbered) to the lowest
suitable bidder, having first advertised for sealed bids, stating clearly in
the advertisement the work to be done on said sections of road and
bridges thereof, in addition to what is specified and required by section
nine hundred and eighty-two of the Code, notice of which letting to con-
tract shall be posted for not less than ten days at three or more public
places in the district. The bids shall be in writing and signed by 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 meeting 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 sceurities,
and in case of a recovery on said motion, the same costs shall be taxed in
the judgment as if the motion was in favor of the Commonwealth. And
any such judgment may be deducted by said road board from the amount
due said contractor on his eontract. The attorney for the Common-
wealth shall institute and prosecute such motion. The said contract and
bond shall be filed with the clerk of said road board. The road board
may, in its discretion, reject any or all bids, and, if it seem desirable,
have all its roads or any parts thereof worked under its own direction
and control.

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

%. If any section or sections of road remain undet by reason of there
being no bid, or for any other reason, and wherever the road board shall
deem it desirable, the commissioner of roads shall appoint or employ an
overseer for such roads or section thereof; said overseer to be paid such
compensation per day as may be agreed upon by the road board, and to be
a5D2 ACTS OF ASSEMBLY.

under its direction. Said overseer, or the road commissioner, shall em-
ploy 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 such accounts and sub-
mit 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 its 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 his district, and especially to
require foot bridges to be constructed and maintained over all streams
where necessary for the convenience of pedestrians, and to sce that all
contractors are faithfully performing their contracts. Should there be
any failure on the part of contractors to comply with said contracts, the
road board shall at once institute, through the attorney for the Common-
wealth, proceedings for the recovery of damages for the breach of said
contract.

10. Overseers appointed or employed under this act shall be subject 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 contracts
semi-annually or oftener, as the road board may determine, which pay-
ment shall be made by the warrant of said board upon the county treas-
urer, but payment shall be withheld by said board, if, at the time fixed for
such payment, said contractor’s road is not in order, until the commis-
sioner supervising the same shall report it to be in condition required 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 for the benefit of the district
from which thev are collected, and the supervisors may increase the road
levy, not to exceed thirty cents on the one hundred dollars.

14. Except as herein provided, the county treasurer shall hereafter
pay out no money collected from road taxes, except on the warrant of the
road board of each of the several magisterial districts.

14. No member of the road board shall be, directly or indirectly, inter-
ested in any contract made under this act, and any participation by
either shall render the contract null and void, and any member of the
board so participating shall be deemed guilty of a misdemeanor and pun-
ishable according to law.

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

1%. The boards of the several districts may sell or dispose of any tools
or implements which may be delivered to them by the present road off-
cials, or may have them used upon the roads of the county, as, in their
discretion, may appear best for the county. Any of said boards may,
alone or in conjunction with the boards of other districts, hire or pur-
chase and maintain in good order such implementa and machinery and
such horses and mules as may be found necessary to economically con-
struct and maintain its roads, and may employ such labor and make such
tracts as may be requisite for the protection, care, and maintenance of
the same. And said boards shall have power, either alone or conjointly
with the boards of other districts, to contract for and procure from the
State convicts, and may work same upon the roads under such provisions
and regulations as shall seem to it best. Any act required to be done by
said road board, or permitted, under and by virtue of this act, may be
done at any meeting thereof, unless otherwise specifically provided.

18. All applications for new roads or for the change of location of ex-
isting roads shall be made to the county court, and proceedings therefor
shall be as now provided by the general law. When any new road is or-
dered to be opened or the location of any road changed, the order so de-
claring shall be certified to the road board of the district or’ districts
wherein such road is located, and said board shall proceed to have the
work done in such manner as shall seem to it best.

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. Each of the said boards shall, at the April and October terms of
the county court, report to said court its proceedings hereunder, along
with an itemized account of its disbursements, at which time any citizen
of the district may appear and challenge any item in said report, or may,
within thirty days after its filing, except to either the form, accuracy, or
sufficiency of said report; and the court shall proceed, with the assistance
of the attorney for the Commonwealth, in a summary manner to examine
said report and the items thereof, and if fraud appear therein, the matter
shall be brought to the attention of the grand jury. The court shall have
power to require a complete, formal, and accurate report, and to compel
full explanation of any and all items therein. If, at the expiration of
thirty days, said report appear sufficient and proper in all respects, the
court shall confirm the same. ,

21. In appointing members to said board, the court shall endeavor to
see that every section of the district is, as nearly as may conveniently be,
represented thereon.

22. Said road boards shall have power to erect and maintain such sign
boards and mile posts as may seem necessary, or as the law may require.

23. All acts and parts of acts inconsistent with this act are hereby re-
pealed.

24. This act shall be in force from and after the first day of July, nine-
teen hundred and two.