Chap. 244.—An ACT to provide a road law for Appomattox county, and to repeal
all acts in conflict therewith.

Approved May 15, 1903.

1. Be it enacted by the general assembly of Virginia, That for each
magisterial district in the county of Appomattox 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 designated by the judge of the
county court, and who shall be ex-officio clerk of said road board), which
said board shall have exclusive control of the roads and bridges of said
district.

2. That the commissioner of roads shall be elected by the qualified
voters of the district in which he resides at the election held on Tuesday
after the first Monday in November, nineteen hundred and three, and
every four vears thereafter, their terms of ofliee beginning on the first day
of January next succeeding their election. Each commissioner of roads
aud each justice of the peace designated as aforesaid shall qualify before
ile county court, and the commissioner shall, at the time of his qualifica-
ten, give bond, with good security, in the penalty of not less than one
tuousand dollars.

3. The said commissioner of roads shall receive such compensation for
als services as the board of supervisors shall allow, not to exceed two dol-
ars per day, and not to exceed seventy-five dollars in anv one year; and
tne Justice of the peace shall receive for his services ten dollars per annum,
tv 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 by its
orcer entered on its minutes determine. Any vacancy in the office of
cunmissioner or justice of the peace shall be filled for the unexpired term
ia the county court. The said commissioner and justice of the peace,

«ore entering upon the duties of their office, shall severally take an oath
te 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 qua!ifica-
Uen, carefully examine all the public roads of his district and lay off and
divide them into sections of such length as to the road board of said dis-
trict may seem practicable.

The eommissioner of each magisterial district shall let to contract
for terms of from one to five vears, in the discretion of the road board, im
cae or more sections (the sections having been numbered), to the lowest
responsible bidder, having first advertised for sealed bids, stating clearly
in the advertisement the work to be done on said section of roads or
bridges therein, 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 davs at each postoffice and other
miblic 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
raid board for their examination and acceptance or rejection; and at their
“mt meeting thereafter each contractor shall be required to execute a
iond 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
cmtract, 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
hy motion after ten davs’ notice to the contractor and his security; and in
case of recovery on said motion the same costs shall be taxed in said judg-
ment as if the motion was in favor of the Commonwealth. And any such
indgment may be deducted by said road board from the amount due said
contractor on his contract. The attorney for the Commonwealth shall in-
stitute and prosecute such motion. The said contract and bond shall be
“led with the clerk of said road board.

6. Should there be anv section or sections of road upon which there is
no sealed bid, the road commissioner, after advertising as is hereinbefore
cirected, may receive propositions to contract for said section or sections
without requiring said proposals to be scaled ; said proposals to be subject
to the same requirements in contracting as sealed bids.

7. If any section or sections of road remain unlet by reason of there be-
ing no bid, or for any other reason, the commissioner of roads shall appoint
or employ an overseer for such roads 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 ac count of all work done by overseers shall be kept, and
said overseers shall make off and swear to said account, and submit same
to the commissioner of roads; and upon his approval said acounts shall be
presented to the road board, and if found to be correct, said road 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 their respective districts, and
especially require foot crossings to be constructed or 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, proceedings for the recovery
of damage for the breach of said contract.

10. Overseers appointed or emploved under this act shall be subject to
the same requirements under section nine hundred and eighty-two of the
Code as a contractor.

11. The contractors shall be paid for work done under their contract
geemi-annually, or oftener, as the road board may determine, which pay-
ments 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 payments said contractors’ road is not in order until the commis-
sioner supervising the same shall report it to be in the condition required
by his contract.

12. The county treasurer shall keep the road fund separate from other
tax funds, and the entire fund 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: provided, however, that the construction of new bridges shall
be under the supervision and control of the board of supervisors and the
cost of construction paid for out of the contingent fund of the county.

14. Except as hereinbefore provided, the county treasurer shall here-
after pay no money collected from road taxes except on the warrant of the
road boards of the several magisterial districts. No person or persons in
Appomattox county shall hereafter be compelled to work on the public
rows without compensation.

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

16. For the additional services required by this act, the supervisors of
each district shall receive fifteen dollars per annum.

17. The read 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
hy said road board under and by virtue of this act may be done at any

mevting thereof.

1S. All applications for new roads, or for the change of location of ex-
I> sung roads, shall be made to the county court, and ‘proceedings thereof

hall 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
Gadsaring shall be certified to the road board of the district wherein such
rewitl is located, and said board shall proceed to have the work done by con-
tract as provided for keeping the roads in order in this act.

19. The general road law of this State, exeept so far as in conflict with
tus act. shall be in force in the county of Appomattox.

Zo, All acts and parts of acts inconsistent with this act are hereby re-
jitta : { ] .

21. This act shall be in foree on and after the first day of November,

meteen hundred and three.