Chap. 175.—An ACT to amend and re-enact sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 13, 14, 15, and 16 of an act of the general assembly of Virginia, ap-
proved March 2, 1898, entitled “an act to authorize the board of supervisors
of Floyd county to let to contract the public roads of that county and levy a
tax to keep the same in repair,” as amended and re-enacted by an act ap-
proved March 14, 1904.

Approved March 14, 1906.

1. Be it enacted by the general assembly of Virginia, ‘That sections one,
two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, and sixteen of an act of the general assembly of Vir-
ginia, approved March second, eighteen hundred and ninety-eight, en-
titled an act to authorize the board of supervisors of Floyd county to let
to contract the public roads of that county and lay a tax to keep the
same in repair, as amended and re-enacted by an act approved March
fourteenth, nineteen hundred and four, be amended and re-enacted so as
to read aa follows:

$1. The circuit court of said county, or the judge thereof in vacation,
shall, prior to the first day of April, nineteen hundred and six, appoint
one inspector of roads and bridges for each magisterial district, which
inspectors shall reside in the respective districts for which they are ap-
pointed, and it shall be their duty to inspect and supervise the roads and
bridges within their respective districts, and report the condition thereof
as often as requested by 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 removed 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 and twenty-
five cents per day for their services hereunder, not to exceed twenty-five
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 supervisors 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 by the court
aforesaid. or the judge thereof in vacation. Said inspectors, before en-
tering upon the duties of their office, shall severally take and subscribe an
oath to faithfully perform the duties of their office of inspector, which
oath shall be filed with the clerk of the circuit court of said county.
Each inspector shall, as soon as practicable after his appointment and
qualitication, but before the first day of May, nineteen hundred and six,
carefully examine all public roads and bridges within his district, take
copy of road precinct marked by the clerk under this act, and make
such alterations as he thinks best.

He shall designate each section by number, and as follows:

Road section number , for magisterial district; extend-
ing from to

Said inspectors shall attend and file with the board of supervisors at
their call and annual meeting —————,, nineteen hundred and six, 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 section
he shall forfeit five dollars of his salary, which shall be withheld by the
hoard of supervisors and applied to the road fund of the district for
which said inspector is appointed.

2. The said board of supervisors shall annually levy along with the
county levy, a road tax upon the property, real and personal, assessed
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
forty 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 differ-
ent districts in the same county. And the amount collected in each
district shall be expended therein.

Such bridges as are now established, or may be hereafter established,
across the boundary line between magisterial districts, shall be built,
repaired, and maintained by the said two magisterial districts jointly in
equal proportion.

3. The board of supervisors shall advertise for bids to let to contract
by the year or for a shorter term, to the lowest suitable bidder, any sec-
tion or sections of road and bridges therein in any magisterial district.
they 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 character
of the work required to be done in addition to what is specified and re-
quired by section nine hundred and cighty-two of the Code of Virginia.
Each contractor shall be required to execute, contemporaneously with the
signing of said contract, a bond to the county, with good personal security,
approved by the board, in the penalty of at least double the amount of
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 in the
circuit court, by a motion, after ten days’ notice to the contractor and
his securities, and in case of 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 deducted by said board
of supervisors from the amount due said contractor on his contract. If
nothing be due him, however, or if such recovery exceed the amount 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 prose-
cute 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 a compensa-
tion of fifty cents, 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 super-
‘ors a sufficient number of sections in each district to satisfy the pro-
sions of section twenty of this act.

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

5. The inspector of roads of each magisterial district shall, as soon as
-has laid off the roads in his district into sections, appoint, by and with
e approval of the supervisor of his district, one overseer for each sec-
on of road so laid off, who shall be a discreet and reliable man and a
sident of the district for which he is appointed. Such overseers shall
ialify by taking the usual oath of office for the faithful performance of
cir duties before a justice or other officer authorized by law to admin-
ter the same, and each shall continue in office until his successor is duly
pointed and qualified, unless sooner removed by said inspector and
pervisor, in which case they shall proceed at once to fill the vacancy.
he term of office of said overscer shall commence from his appointment,
ad be for two years from appointment. It shall be the duty of each in-
ector of roads to file along with his report, required by section five of
lis act, a list of such overseers showing the section to which each is
signed.

6. The board of supervisors shall, through the inspector of roads, and
such times as they may fix and prescribe, inform the overseers of
inse sections which have not been or will not be let to contract, direct-
ie and requiring them to work and put in order their respective sec-
ons and designating the number of hands each shall employ, and fixing
limit, if they think proper, to the number of days said section shall he
orked, being governed in such by the amount of road fund for said
strict. All work ordered under this section shall be done between the
rst of April and the first of November in each vear, but if any ob-
ruction or injury occur on any road or bridge between the first of
ovember and the first of April it shall be removed or repaired as soon
; practicable and in accordance with the provisions of this act. In
ving roads worked or in letting the same to contract, the board of
ipervisors will observe the following order and preference: First, all
ain thoroughfares; second, the most important lateral roads: and third.
1 other roads.

7. It shall be the duty of the overseer of each section to be present
nd give personal attention at any and all times when his particular sec-
on is direeted or ordered to be worked, and to supervise and list all

38
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 by the
hoard of supervisors or inspectors 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, con-
form 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 prac-
ticable, to this degree, as shall be deemed most expedient by the board
of supervisors, who shall determine the same. Each overseer shall be
paid seventy-five cents for each day of ten hours actually employed in
working on his section; and for his failure to comply with the require-
ments 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 com-
mand and the time allotted him for work by the board of supervisors.
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.

8. Each overseer shall provide himself with a book, in which he shall
keep separately the names of each person hired by him under the pro-
visions of section six of this act, the number each works and the amounts:
he shall also keep in said book the names, number 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 as often as required.
deliver such book to the board of supervisors or the inspector of hi.
district for their inspection, or any reputable citizen of said district, in
his presence. An itemized account of all labor done by himself and
those hired by him, and the amount therefor shall be made off and quali-
fied 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
parties 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.

9. Each person who shall be hired to work on any road under the pro-
visions of this act shall be paid for such work the sum of seventy-five
cents per day of ten hours each ; there shall be allowed and paid for each
wagon and team, with driver, the sum of two dollars per day of ten
hours; and for such other things, not herein provided for that may br
needed, plows, scrapers, and soforth, one dollar per day for each horse
and driver. All accounts for labor or other things hereunder shall be
made off, sworn to and paid as provided for by section thirteen of this act.
Fach person hired and performing labor under this act shall provide and
tring with him such tools as may be necessary for him to have or required
hy the overseer.

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

11. The board of supervisors shall keep a book known as the road
hook, 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 the
tools furnished him. All accounts to be allowed under the provisions
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
vear an amount larger than the road tax collected for their respective dis-
tricts in that year, and for so doing they shall be liable on their official
honds for the amount so overdrawn.

No new roads shall be located or new bridges established or alteration
tuade in an established road only as now fixed by general law. Where any
«reat or unforeseen damages or obstructions occur to or on any road or
\ridge. the overseer of the section in which the same occurs, shall apply
to the supervisor and inspector of his district for authority to purchase
such materials or hire such labor as may be necessary to repair such dam-
age or remove such obstructions. The said supervisor and inspector of
his district, if they deem it proper and expedient, may authorize such re-
pairs or the removal of such obstructions, and designate the said over-
seer 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 ex-
penditures so made, and, if the board be satisfied of the correctness of
sich account, shall allow the same.

12. Overseers may take from any convenient place, 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
anv land or lands adjoining the same: provided, such wood and other
articles to not be taken from, and such ditches be not cut through, any
lot in a 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 free-
holders, requiring them to view said lands and ascertain what is a just
and reasonable compensation to such owner or tenant for the damage to
him on account of such removal. The said freeholders, after being
sworn, shall accordingly ascertain such compensation and report to the
hoard of supervisors, whose decision thereon shall be final, and who shal!
draw a warrant on the road fund of the district wherein such lands are
situated for such amount as they shall allow.

The commissioners appointed by the magistrate shall have one dollar
per day for their services, and the justice shall have a fee of fifty cents
for issuing the warrant.

13. No member of the board of supervisors or inspectors shall bb
directly or indirectly interested in any contract made under this act, and
any 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, cighteen hundred and
ninety-three and eighteen hundred and ninety-four, page five hundred
and fifty-four, shall apply.

14. All the present road officials of Floyd county shall proceed to s-ttle
their accounts as required by law, and account to the board of super-
visors or inspectors of roads for the various districts for all road tools or
other county property in their custody, and deliver the same to the <aid
hoard of supervisors, take their receipts therefor. If such settlements and
accounts for tools or other property be not made and done by said read
official within reasonable time after this act goes into effect. it shall be
the duty of the attorney for the Commonwealth to proceed against them
severally by rule issued from the cireuit court of said county.

15. Persons appointed by the circuit court as inspectors of roads and
bridges, and overseers of sections appointed by said inspectors and mem-
hers of the board of supervisors hereunder, shall be compelled to act unless
released by the court for cause shown in term, or vacation, by judge.
Any member of the board of supervisors, or any other person appointed
under the provisions of this act, failing to discharge any duty imposed
hy said act when appointed, without being relieved by said 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 court on the
motion of any citizen of said county, made through the attorney for the
Commonwealth, citing the persons named therein to appear before the
said court on the first day of the next term thereafter to answer the
charge recited therein. Such rule or summons shall be served at least
five days before the return day thereof, and the same shall be tried hy
the said court, unless a jury shall be demanded by the defendant. and if
found guilty, he shall, where not otherwise provided, be fined not ex-
ceeding ten dollars. The cost of such proceeding shall be taxed as thev
are in misdemeanors. The board of supervisors shall cach be paid out
of the county levy ten dollars per annum; the clerk of the board shall be
paid the sum of twenty-five dollars per annum out of county levy.

16. Any road money now in the treasury and all that collected on
levy now made for road purposes, when collected, shall be applied 1
working reads under this act. The general road laws of the State. except
far as the same is in conflict with this act, shall be in force in the
intv of Floyd. Previous special road laws in force in said county, and
acts inconsistent herewith, are hereby repealed.

li. The condition of the road in Floyd county creates an emergency,
1 this act shall be in force from its passage.