Chap. 97.—An ACT to amend and re-enact an act approved April 2, 1902, en-
titled “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 regulating a
ee board for said county and directing the disbursement of the county road

und.

Approved March 10, 1904.

1. Be it enacted by the genera] assembly of Virginia, That for each
magisterial district in the county of Campbell there shall be one commis-
sioner of roads, who shall have, under the supervision of the board of
supervisors of the said county, control of the working of the roads and
keeping in repair the bridges of the said district.

2. That the said commissioners shall be appointed by the board of
supervisors of said county, and whose term of office shall be for one year
from. the first day of July next succeeding their appointment to office;
and each commissioner shall be a resident of the district for which he is
appointed. Each commissioner of roads shall, before he enters upon the
duties of his office, give bond before the said board of supervisors, with
security approved by the said board, in a penalty of not less than one
thousand dollars nor more than five thousand dollars, conditioned for
the faithful discharge of his duties under this act.

3. The said commissioners of roads shall receive such compensation
for their services under this act as the board of supervisors shall allow,
not to exceed the sum of two dollars per day. The said commissioners,
before entering upon the duties of their respective offices, shall severally
take an oath to faithfully perform the duties of their office, which oath
shall be filed by the board of supervisors, and any vacancy caused by the
resignation, removal, or death of any commissioner shall be filled by the
said board of supervisors.

4, Each commissioner shall, as soon as practicable after his qualifica-
tion, carefully examine all of the public roads of his district, and, if he
shall deem best for the more convenient working of the same, divide them
into convenient sections.

5. The commissioner of each magisterial district may, with the con-
sent of said board of supervisors, let to contract, for ome or more years,
all or any sections of the public roads in his district to the lowest suitable
bidder, having first advertised for sealed bids, stating clearly in the ad-
vertisement the work to be done on said roads or sections, which adver-
tisement shall be posted for at least ten days at the public places in his
district. The bids shall be in writing and signed by the contractor and
sent or delivered under seal to the board of supervisors for its examina-
tion and acceptance or rejection; and the maker of any such bid that
shall be accepted shall be required by the said board of supervisors to
enter into bond, payable to the county of Campbell, with security ap-
proved by the said board of supervisors, in a penalty of at least twice the
amount of said bid, conditioned for the faithful performance of the said
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 of the magisterial
district in which the breach of contract occurred, in the circuit court of
said county, on ten days’ notice to the contractor and his sureties; and
in case of recovery on said motion, the same costs shall be taxed in the
judgment as if the same were in favor of the Commonwealth. And the
amount of any such recovery may be deducted by said board of super-
visors from the amount due any such contractor on his contract. The
attorney for the Commonwealth shall institute and prosecute amy such
motions. The said board of supervisors may, in its discretion, reject any
or all bids, and, if it seem desirable, have the roads of said county, or
any part thereof, worked by the commissioners of the respective magis-
terial districts, under the control and direction of said board of super-
VISOTS.

6. The said road commissioners shall employ such labor as may be
necessary to keep the public roads and bridges in the respective districts
worked and in repair, paying such prices as the board of supervisors may
permit them in a regular schedule of prices made by said board.

”%. An itemized account of all work done by the said commissioners
shall be kept by them, and the prices paid for the same, and shall be sub-
mitted at least twice a year, under oath, to the said board of supervisors
for its approval, and if found correct the said board shall give a warrant
upon the county treasurer for the amount.

8. It shall be the duty of each commissioner of roads to give personal
supervision to all roads and bridges within his district, and especially to
require foot bridges or logs to be constructed and maintained over all
streams where necessary for the convenience of pedestrians; also such
sign boards and mile posts as may seem necessary, or as the law may
require, and to see that all contractors are faithfully performing their
contracts.

9. When the working of said roads is let to contract the contractors
shall be paid for work done under their contracts semi-annually or of-
tener, if the board of supervisors may think best, and the payment of al]
contractors shall be by warrant issued by the order of the board of super-
visors on the county treasurer, but payment shall be withheld by the said
board of supervisors if at the time fixed for such payment said con-
tractor’s road is not in order, until the commissioner of the district in
which the work is shall report it to be in condition required by his con.
tract,
10. The county treasurer shall keep the road funds of each district
separate from other tax funds.

11. All road taxes shall be expended for the benefit of the magisterial
district from which they are collected, and the supervisors may increase
the road levy not to exceed thirty cents on the one hundred dollars.

12. No member of the board of supervisors nor any commissioner of
roads shall be directly or indirectly interested in any contract made under
this act, and any member of said board of supervisors or any commis-
sioner found to be participating in any such contract shall be deemed
guilty of a misdemeanor and punished by a fine of not less than twenty
nor more than five hundred dollars.

13. The said board of supervisors shall have power at any time for
good cause to revoke any appointment made under this act, after ten
days’ notice to the party complained of, and to fill vacancies for the un-
expired term.

14. The commissioners of roads appointed under this act may sell or
dispose of any tools or implements which may be delivered to them by
the present road boards, or may use them in working the roads of their
respective districts, as they may deem best for the county.

15. The said board of supervisors may hire or purchase and keep in
good order such implements and machinery and such horses and mules
as may be found necessary to economically construct and maintain the
roads of the respective districts. And any such implements, machinery,
horses, and mules as may be so purchased shall be placed: under the care
and protection of the commissioner of roads in the district for which
they are purchased, or in which they are used, who shall be liable on his
official bond for any loss arising from his negligence i in properly caring
for them.

16. All applicants for mew roads, or for new bridges, or for the change
of location of existing roads, shall be made to the circuit court of said
county, and the proceedings therefor shall be as now provided by the
general law.

17%. When any new road is ordered to be opened or the location of any
old road is changed, the order of the circuit court so declaring shall be
certified to the commissioner or commissioners of the district or districts
wherein such road is located, and said commissioner or commissioners
shall proceed to have the work done as expeditiously as possible, by con-
tract or otherwise, as the said board of supervisors shall direct.

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

19. All acts and parts of acts inconsistent with this act are hereby
repealed.

20. This act shall be in force from and after the first day of July,
nineteen hundred and four, excent that the appointment and qualifica-
tion of the said commissioners of roads shall be done at any meeting of
the said board of supervisors before the first day of July, nineteen hun-
dred and four.
HAP. 98.—An ACT to amend and re-enact an act entitled “an act to provide for
the working and repairing of public roads and bridges in Albemarle county,”
approved February 20, 1892.

Approved March 10, 1904.

1. Be it enacted by the general assembly of Virginia, That an act en-
itled “an act to provide for the working and repairing of public roads
ind bridges in Albemarle county,” approved February twentieth, eigh-
een hundred.and ninety-two, be amended and re-enacted so as to read as
‘ollows :

§ 1. The board of supervisors of Albemarle county shall from time to
ime divide the said county into, not exceeding six, road districts, each
sontaining one or more magisterial districts, and shall at their January
meeting of each year, or as soon thereafter as may be, appoint a road
sommiseioner for each of said road districts, to hold office till the first
Jay of the following January, or until his successor shall have been ap-
pointed and qualified.

§ 2. Such road commissioners shall within their respective districts be
charged with the duty of supervising and superintending the working
and repairing of public roads and bridges by thé road surveyors and
other persons whose duty it may be to work and keep in repair such roads
and bridges, and they shall examine and direct such working and repair-
ing and shall examine and report upon all the accounts and claims pre-
sented to such board by such road surveyors or persons working such
roads as aforesaid, and shall, when directed to do so by said board, super-
intend and direct the opening of new roads or alteration of those in which
changes are made and the erection or repairing of bridges, and shall
further discharge such other duties in connection with the working and

iring of such roads and bridges within their respective districts aé
may be prescribed by said board.

§ 3. The said board may from time to time psescribe such plans, speci
fications, and directions as they may deem best for the working, keeping
in order, and repairing the roads and bridges in the said road districts
and may let to contract the working, repairing, and keeping in order 0!
such roads and bridges in any one or more of the road districts, or aD}
part of them, subject to such plans, specifications, and restrictions as saic
board may prescribe, taking from any such contractor such bond as 1
may prescribe, and any such contractor may also be appointed as ant
hold the position of special road surveyor as to such roads and for sucl
time as are embraced in his contract.

trict, buy or hire material, teams, implements and tools, hire labor an
superintend work ordered pursuant to this act, and said special sui
veyors shall in addition have all the powers and duties of and be subject
to all the penalties imposed upon other road surveyors by law, and the
pay-rolls, accounts, and vouchers of any such special surveyor shall be by
him submitted to the commissioner of the district in which the work was
done or expenditure was made, and if approved by such commissioner,
shall be certified by him to the chairman of said board, who, if he ap-
prove the same, shall order their payment, and the amount of any moneys
to be expended by, or allowed for services, to any such special surveyor
shall be fixed in advance by the said board and a fund provided for their
payment. Any road commissioner may act as such special surveyor and
his accounts as such be settled as aforesaid by the supervisor of the dis-
trict in which the work was done, who shall certify the same to the chair-
man of said board, and their payment ordered by him. Any such special
road surveyor may be removed from office at any time by said board of
supervisors. | |

§ 5. The said road commissioners shall inspect the roads and bridges
within their respective districts and make report in writing on the condi-
tion of the same, under oath, to said board of supervisors at their March
and September meetings in each year, which reports shall also show
whether the road surveyors within their respective districts have per-
formed their duties upon their respective roads with regard to working
and keeping the same in order, and said reports, if unfavorable to such
surveyors, or any of them, shall be laid before the next grand jury of the
circuit court of Albemarle county, and shall be evidence upon which such
grand jury may make a presentment or find an indictment against any
such road surveyor for neglect of duty or malfeasance in office.

§ 6. Every surveyor of a road not under contract shall be entitled to
compensation at the discretion of the board of supervisors, and: such com-
pensation shall be paid out of the road district levy hereinafter provided
for, in the manner and subject to the conditions prescribed by the board,
not exceeding two dollars per day of ten hours.

§.7. The said road commissioners shall receive compensation for their
services at the rate of two dollars per day for the time they shall be actu-
ally engaged in the duties of their office as such commissioners, and the
number of days for which they shall respectively receive such compensa-
tion shall be limited by said board of supervisors according to the num-
ber of days during which it shall appear each commissioner should be
employed in his district, to be paid out of the road tax collected in his
district, but no commissioner shall receive more than one hundred dollars
for any one year, and if said commissioner shall have served as special
surveyor he shall not be paid twice for the same time employed in both
capacities: provided, however, that if a road district in said county shall
be formed of two or more magisterial districts, then it shall be lawful
for said board of supervisors to allow the road commissioner thereof for
not more than fifty additional days’ work as such commissioner in any
one year, so that his yearly compensation may amount to, but shall not
exceed, two hundred dollars. But if there is but one commissioner for
the whole county of Albemarle, then in lieu of the per diem pay he may
receive a salary to be fixed by the board and to be paid in such instal-
nents as the board may direct out of the general county fund. .

§ 8. Should any such road commissioner act also as special surveyor,
nis work as such surveyor shall be supervised, inspected, and reported on
as aforesaid to the March and September meetings of said board by the
supervisor of the magisterial district in which the same is dome, and
such supervisor shall receive compensation therefor and also for the extra
duties imposed upon him by this act, including such meetings as it may
pe necessary to hold of said board for road purposes at the rate of three
dollars per day for the time employed bv him, not to exceed, however,
fifteen dollars in any one year. .

89. Every such road surveyor and commissioner shall be liable to
prosecution for any neglect of duty or malfeasance in office, and upon
conviction shall be fined in each case not less than five dollars nor more
tham fifty dollars.

§ 10. The clerk of said board of supervisors shall receive compensa-
tion for the duties he may be required to perform under this act, to be
allowed him by said board out of the general county levy, not to exceed
fifty dollars in any one year. ,

§ 11. The said board shall annually levy (along with the county levy)
a tax upon all the property, real and personal, assessed for taxation in
the several road districts aforesaid for the working, repairing, and keep-
ing in order of the public roads and bridges under this act, which tax
shall not exceed twenty cents on the one hundred dollars of such prop-
erty, and such tax shall be laid separately upon each road district, and
may be at different rates in the different districts, and of the moneys col-
lected by the county treasurer in each district a separate account shall
be kept, and the same shall be expended in the district for which they
were collected; but in addition to the said district tax, the said board of
supervisors may annually appropriate so much of the general county lev)
as may not be used for other purposes for a county road fund, to be ex
pended in working and keeping in repair the roads and bridges through.
out the county in such manner as the board may direct.

§ 12. When bridges are across streams forming the boundary line o:
two road districts, the cost of repairing the same, so far as chargeable i
the districts, shall be borne equally by them, and such repairs shall be
under the joint supervision of the road commissioners of the two dis
tricts, except in those cases where the board of supervisors may prescrib
some different rule with regard to such repairs.

§13. The board may appoint a commissioner of bridges for sai
county, with such compensation as may be fixed by said board, to be pais
out of the general county levy, who shall have such supervision and in
spection of the bridges of the county, so far as erected or repaired at th
county expense, as said board may prescribe, and perform such othe
duties as may be required by the rules and regulations of said board, ant
when it shall appear that the amount needed at one time to put an
bridge in repair will be more than one hundred dollars, the same shall b
ordered and paid for out of the county levy in the mode prescribed i1
the general law, unless the said board shall order otherwise.
§ 14. The board may require any commissioner or surveyor appointed
by it under this act to give such bond as to said board shall seem proper
for the faithful discharge of the duties of such office.

§ 15. The provisions of chapter forty-three of the Code of Virginia,
in reference to county roads, causeways, bridges, landings, and wharves,
shall apply to and be in force in said county so far as not inconsistent
with the provisions of this act, and in so far as the matters therein con-
tained shall not have been otherwise provided for in this act, except that
the sections numbered from nine hundred and sixty-three to nine hun-
dred and eighty-three, inclusive, of said chapter shall not have effect or
be in force in said county, and this act shall be substituted for and take
the place of all other acts heretofore passed to provide especially for
working and keeping in repair the public roads of Albemarle county ;
but all rules and regulations which may have been adopted by said
board of supervisors in reference to roads and bridges, so far as not in-
consistent with this act, shall continue in force until modified or an-
nulled by said board; and the present road commissioners of the: said
county shall continue in office until the terms of office of the road com-
missioners provided for in the first section of this act shall commence.

§ 16. But nothing in this act shall be construed as preventing the
board of supervisors, if they think proper, in lieu of this act, from adopt-
ing and working under any general road law that may be passed at the
present session of the general assembly of Virginia.

2. This act shall take effect from its passage, inasmuch as an emer-
gency exisis by reason of the fact that the laws for the working of roads,
bridges, and so forth, in the county of Albemarle have been, by the aboli-
tion of the county court of Albemarle, thrown into such confusion that
they cannot be effectively carried out.