Chap. 302.—An ACT to amend and re-enact an act entitled an act to au-
thorize the board of supervisors of the county of Carroll to let to con-
tract the roads of said county, and to levy a tax to keep same in proper
repair, as amended by an act approved February 29, 1892, and February
2, 1894, and acts amendatory thereof, respectively, January 22, 1898,
March 7, 1900, as amended by an act approved March 14, 1906.

Approved March 16, 1910.

1. Be it enacted by the general assembly of Virginia, That an act
entitled an act to authorize the board of supervisors to Jet to contract the
roads of Carroll county, and to levy a tax to keep the same in proper
repair, as amended by an act approved February twenty-ninth, eighteen
hundred and ninety-two, February second, eighteen hundred and ninety-
four, January twenty-second, eighteen hundred and ninety-erght, March
seventh, nineteen hundred, as amended by an act approved March four-
teenth, nineteen hundred and six, be amended and re-enacted so as to
read as follows:

§1. The board of supervisors for said county shall, as soon as prac-
ticable after passage of this act, divide the roads in said county into sec-
tions of not more than ten miles each, said road section to be numbered
and known as road section number —————, in ————— magisterial
district.

§2. It shall be the duty of said board of supervisors for said county
to annually, during the month of May, let to contract these sections in
said county for the term of one year to the lowest bidder, having first
advertised for sealed bids, stating clearly in the advertisement the work
to be done on said sections of road or bridge therein, in addition to the
general road law, such advertisement to be posted at least in three public
places in the neighborhood of the work to be done for at least twenty
days. But said board shall have the right to reject any and all bids that
they deem too high. For uncontracted sections, after advertising as
above directed, the board may receive propositions to do the work with-
out requiring sealed bids: provided, that each supervisor may exercise in
his magisterial district all the power given the board by this section upon
being authorized so to do by the whole board. =—s_—>

§3. Said contractor or overseer shall reside on or contiguous to the
section of which he is contractor; and, furthermore, to be a man of sound
judgment. He shall qualify as district officers are required by law to
qualify, and shall enter into an acknowledged bond before the court,
judge or county clerk before whom he qualifies, with surety to be ap-
proved by such court, judge or clerk, in a penalty of at least three hun-
dred dollars, and larger when deemed necessary by such court, judge or
clerk, and failure to qualify and give bond as aforesaid within sixty days
next after his appointment shall vacate his office. Such bond shall be
payable to the board of supervisors of the county and conditioned for the
faithful discharge of his contract. Such bonds may be recovered on
motion, after fifteen days’ notice in the circuit court of Carroll, the
amount so recovered to go into and become a part of the road funds of
said county.

84. It shall be the duty of each road overseer contracting under this
act to furnish all necessary teams and implements as may be necessary
for repairing such roads as herein provided. He shall cause the roads in
his section to be kept cleared, smoothed of rock and obstructions, of
necessary width, well drained, and otherwise in good order, and secure
from falling of dead or unsafe timber, and shall cause to be placed and
kept at the fork or crossing of every road a sign-board on which shall be
stated, in plain letters, the most noted place to which each road leads,
and where necessary a prictal bridge or log across every stream for the
accommodation of pedestrians, and to see that no fence, where all or
more than fifty per centum of the material used in its construction is
composed of barbed wire, is placed along or by such road in such man-
ner as to cause damage to stock being driven along said road.

§5. The overseer of any section may take from any convenient place
or lands so much wood, stone, gravel or earth as may be necessary to be
used in constructing or repairing any road or bridge or causeway therein ;
and may, for the purpose of draining the road, cause a ditch to be cut
through any lands adjoining the same, provided such wood or other arti-
cles be not taken from any such ditch, be not cut through any yard or
garden without the consent of the owner.

86. If the owner or tenant of any such lands shall think himself in-
jured thereby a justice, upon application to him, shall issue a warrant to
the freeholders requiring them to view the said lands and ascertain what
is a just compensation to such owner or tenant for the damage to him by
reason of anything done under the preceding section. The said free-
holders, after being sworn, shall accordingly ascertain such compensation
and report the same to the board of supervisors, and a warrant shall be
issued by them for this amount to the complaining party at their next
quarterly meeting.

87, Where the public roads in said counties form dividing lines be.
tween magisterial districts, the board of supervisors shall divide such
roads between the districts as they may deem best.

§8. For the purpose of performing their duties under this act the
board of supervisors shall meet four times per year, namely: the second
Monday in February, May, August and November, and they may ap-
point and hold such other meetings as may be necessary to carry out the
provisions of this act. At each regular meeting it shall be the duty of
the board of supervisors to audit all accounts and settle with the con-
tractor.

At the February meeting they shall note upon record of the proceed-
ing plans, specifications and directions for working and keeping in repair
any or all sections of said roads for the ensuing year.

§9. When new roads have been ordered or changes to be made the
supervisors shall employ an overseer and fix the price allowed for work,
use of teams, plows, et cetera, and make all necessary arrangements for
the construction of said roads: provided, that no price be allowed for the
use of any implement the market value of which does not exceed one
dollar. The said board of supervisors may, in their discretion, furnish all
necessary tools, machinery, teams, and so forth, and the said board of
supervisors shal] have the right to adopt such additional rules and regula-
tions, not inconsistent with the provisions of this act, for the construc-
tion of said road.

§10. It shall be the duty of each supervisor to keep himself informed
as to the condition of the public roads and bridges in his magisterial dis-
trict, the manner in which they are worked and kept in repair, and
whether or not the overseers of their several sections have fully per-
formed their duty, and for that purpose each supervisor shal] inspect all
the roads and bridges in his district at least once in every six months,
and make report in writing to the board of supervisors of the said county
at the February and August meetings of each year, which report shall be
filed in the county clerk’s office.

§11. For performing their duties under this act the said board of
supervisors shall cach receive the sum of two dollars per day.

812. Every overseer shall be liable to prosecution for any negligence
of duty or malfeasance in his office, and upon conviction shall be fined
in each case not less than five dollars nor more than fifty dollars, and the
semi-annual reports of the supervisors of his district required by this act
may be taken as evidence on which to found a prosecution.

§13. The board of supervisors shall annually levy, along with the
county levy, a tax upon the property, real and personal, assessed for taxa-
tion in said counties, which shall be applied to working, constructing, and
keeping in order the roads and bridges in said counties, and the com-
pensation of the overseers under the provisions of this act. Such tax shall
not exceed sixty cents on every one hundred dollars’ worth of such prop-
erty, and the same shall be collected and accounted for as if it were a
county levy.

814. The county treasurer of the said county shall keep a separate
account of this fund, and it shall be disbursed on the warrants of the
board of supervisors. |

815. For any service rendered by the clerk of the county aforesaid.
under the provisions of this act, he shall receive the sum of twenty-five
dollars per annum. :

§16. All acts and parts of acts in conflict with this act are to that
extent repealed. This act shall be construed to repeal the general law on
roads only to the extent it conflicts therewith in the county of Carroll.

§17. An emergency is hereby declared to exist, and this act shall be
in force from its passage.