Chap. 378.—An ACT to amend and re-enact an act approved March 15, 1906.
entitled: An act to provide for working and keeping in repair the public roads
and bridges of Botetourt county, and to repeal an act entitled an act to provide
for the working and keeping in repair the public roads of Botetourt county.

approved March 4, 1896, and an act amendatory thereof approved February 14,
1901.

Approved March 14, 1908.

1. Be it enacted by the general assembly of Virginia, That the
authority to construct new public roads and bridges, and to discontinue
public roads, and to work and keep in repair the public roads of Bote-
tourt county shall be vested in the board of supervisors of said county,
which said board is hereby clothed with full power to do all things
necessary in constructing new roads and bridges, and in discontinuing
public roads, and in working and keeping in repair the present public
roads in said county under the provisions of this act, and for this purpose
the said board of supervisors shall have all the power heretofore vested
in the county court of said county, for the purpose of constructing
public roads and bridges and of discontinuing public roads, and of
working and keeping in repair the public roads of said county, and the
same proceedings shall be had therein as required in said court, and
all existing laws heretofore applicable to said court, shall apply to said
board of supervisors: provided, that any one feeling himself aggrieved
by an order of said board establishing, discontinuing, or altering any
road, may appeal to the circuit court in the same manner as appeals
are now allowed from said board. The said board, for the purpose of
working and keeping in repair the public roads of said county, and
for the purpose of constructing new roads, is authorized and empowered
to levy a road tax not exceeding in any one year, fifty cents on each
one hundred dollars of assessed taxable values in said county, liable
for taxation. All such taxes levied for road purposes, under the provi-
sions of this act, shall be collected and accounted for by the county
treasurer in the same manner as other taxes are collected and accounted
for.

2. The board of supervisors of said county shall employ one or
more competent, experienced men in each magisterial district in said
county who shall be known and designated as superintendents of public
roads for the district in which they are appointed, whose duties shall
he to work said roads, and employ hands to work said roads, under
the direction of said board of supervisors as hereinafter prescribed. The
said superintendents of roads shall be employed by the board of super-
visors for a term of two years or for a shorter time in the discretion of
said board, and before entering into the discharge of their duties as
such superintendents of roads they shall enter into a bond, with ap-
proved security, in such an amount as the board may prescribe, and shall
take an oath to discharge the duties of their positions faithfully and in
accordance with the law. The superintendents of roads of said county
shall give their entire time and attention to the public roads in their re-
spective districts and shall work them under the direction of the said board
of supervisors. The said superintendents of roads shall not engage in any
business or occupation, either directly or indirectly, other than their
duties as superintendents of public roads while they are such superin-
tendents; and if any such superintendent of roads appointed under
the provisions of this act shall engage, either directly or indirectly, in any
other business or occupation, such action on his part shall make void
his contract with such board of supervisors, and he shall forfeit to the
county any ,amount that may be due him as such superintendent of
public roads. It shall not be lawful for the board of supervisors of said
county to give to any superintendent of public roads the right to enter.
into any other business while acting as such superintendent of public
roads. ,

3. The board of supervisors, if they have not already done so, shall
have all the public reads in the county laid off into sections and desig-
nated by numbers, and shall furnish to each of the superintendents
of public roads in said county a list of the sections of roads in their
respective districts, and shall also furnish to each of said superintendents
of public roads in the county all necessary teams, wagons, plows, road
scrapers, and all other necessary tools and implements with which to
work the said roads, and in furnishing said teams and implements the
said board of supervisors is authorized to purchase or hire the same,
as the said board may deem best. ;

4. The board of supervisors shall prescribe the number of hands that
shall be employed on the roads by each of the said superintendents of the
roads, and shall fix the rate of wages to be paid said hands, and the
superintendents of roads shall work said hands in their respective
districts under their personal supervision, and shall keep an accurate
account of the time worked by each hand, and an itemized account of
any other expenses incurred in working the roads in their respective
districts, and each superintendent of roads shall return and file with
the clerk of the board of supervisors every two weeks a written report
showing an itemized statement of the cost of labor and other expenses
incurred in working the roads in their respective districts, during the
two weeks next preceding the filing of said report, and the board of
supervisors at their next meeting, shall, if, in their opinion, said item-
ized statement of such cost is correct,-issue warrants on the treasurer of
the county to the person shown by said statement to be entitled to the
same, or to their assigns, for the amount due each person, as’ shown by
said itemized statement pavable out of the county road levy. At the
expiration of every three months the superintendents of roads shall
each file before the clerk of the board of supervisors a written report
showing which sections of the public roads have been worked in their
respective districts, how many times each has been worked on during
the three months next preceding the filing of said report, and all of the
cost of working the public roads in their respective districts during said
three months for which the said report is made.

5. The said superintendents of public roads shall receive and receipt
to the board of supervisors for the teams and implements furnished
them, respectively, by the board of supervisors, and it shall be the duty
of said superintendents of roads to take care of, and handle in a proper
manner all teams and implements and other things, furnished them by
said board for the purpose of working said roads, and the superintendents
of roads shall be responsible to the board of supervisors for any damage
or loss of said teams and implements, resulting from carelessness or
improper handling of same by the said superintendents of roads, and
said superintendents of roads shall report to the board every three months
what tools and teams are on hand, their condition, and what has been
consumed, or injured, or lost, and the cause of such loss or injury.

6. The superintendents of public roads shall each work in his own
district all of the public roads in his district, subject to the direction
of the board of supervisors, with such hands, and at such times‘as the
said board may direct, and when not so directed by the board, the
superintendents shall work on the roads themselves in their respective
districts, and when occasion requires it shall, with the consent of the
supervisor who resides in his district, in any case of emergency, or when
the public roads have been damaged by unforseen causes. The said
superintendents of roads shall give their personal service in the working
and keeping in repair the public roads in their respective districts their
entire time.

% The board of supervisors may prescribe plans and specifications
for working and keeping in repair the public roads in said county, and
shall have the power to make such plans and specifications for each
section of public road as the said board may deem proper, and the
superintendents of roads shall work the public roads according to the
plans and specifications given them by said board.

8. The board of supervisors shall pay each of the said superintendents
of public roads for their services the sum of not less than forty nor more
than seventy-five dollars per month, the same to be paid by warrant on
the county treasurer, payable out of the road fund, such warrant to be
issued by the said board to the superintendents of public roads for their
services at the expiration of every three months after their term of
service begins. The said board shall have the power of withholding
from any one of the superintendents of public roads any warrant or
money due him for services at any time, if such superintendent of roads
has failed to perform any of his duties as such superintendent.

9. The board of supervisors shall go over the public roads of said
county in person at least twice in each vear, and shall inspect the public
roads, and for such service shall be paid out of the road fund the sum
of two dollars per day each, and the necessary expenses incurred by them
in going over said roads, but in no event shall the pay to each of the
members of said board for such work exceed the sum of thirty dollars.
exclusive of their necessary expenses as herein provided, and the board
of supervisors may, whenever they deem it proper, appoint three free
holders in each district to go over the public roads in their respective
districts and inspect the public roads, and report the condition of each
section thereof to the said board, and for such service the commissioners
so appointed shall be paid two dollars each per day out of the road fund,
but in no event shall more than twenty dollars be paid for such service
in each district annually.

10. The board of. supervisors shall enter into a written contract with
each of the superintendents of roads, which contract shall set forth
the time for which the said superintendents of roads are employed,
the price to be paid them for their services, and shall further set forth
the duties of said superintendents of roads and the board of supervisors,
respectively, under the provisions of this act, and said contract shall
contain the stipulation that the board of supervisors shall have the right
to annul said contract at any time by paying the superintendent of
roads the amount due him without incurring any liability to such super-
intendent of roads for a breach of the contract.

11. The board of supervisors of said county shall commence working
the public roads of Bartetourt county, under the provisions of this act,
on the first day of July, nineteen hundred and eight.

12. The board of supervisors may appoint a county road superinten-
dent for said county, with such duties, liabilities and compensation
as they may prescribe, except that his salary shall not exceed the sum of
one hundred and twenty-five dollars per month.

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

14. This act shall be in force from and after the first day of July,
nineteen hundred and eight.