Chap. 96.—An ACT to amend and re-enact an act entitled an act to amend
and re-enact an act for working and keeping in repair the roads of the
county of Tazewell, approved February 24, 1888, etc., and further to pro-
for permanent improvement of the roads in the said county, approved
proved February 29, 1892, as amended and re-enacted by an act approved
February 12, 1894, as amended by an act approved January 11, 1900, as
amended and re-enacted by an act approved January 27, 1900, and as
amended and re-enacted by an act approved December 17, 1901; and to
provide for the distribution and disbursement of all funds, accrued under
said act, as amended and re-enacted, which have not been expended for the
purposes provided therein, and to provide for maintaining and im-
proving the roads of Tazewell county.

Aproved March 8, 1910.

1. Be it enacted by the general assembly of Virginia, That an act
entitled an act to amend and re-enact an act for working and keeping
in repair the roads of the county of Tazewell, approved February twenty-
fourth, eighteen hundred and eighty-eight, and further to provide for
permanent improvement of the roads in the said cunty, approved Febru-
ary twenty-ninth, eighteen hundred and ninety-two, as amended and re-
enacted by an act approved February twelfth, eighteen hundred and nine-
ty-four, as amended by an act approved January eleventh, nineteen hun-
dred, and as amended and re-enacted by an act approved Ji anuary twenty-
seventh, nineteen hundred, and as amended and re-enacted by an act
approved December seventeenth, nineteen hundred and one, be amended
and re-enacted so as to read as follows:

§1. That the board of supervisors of Tazewell county shall annually
levy, along with the county levy, a district road tax, not to exceed
twenty- five cents on the one hundred dollars of assessed taxable values
in the three magisterial districts of the county, and the same shall be col-
lected and accounted for as county levies, and paid out on warrants of
the board of supervisors drawn on the county treasurer, to be known as
district road warrants, and the amount collected from each magisterial
district shall be placed to the credit of same by the county treasurer,
excepting and excluding, however, the amount arising from the county
and road levies upon any railroad in the county now or hereafter con-
structed, and the fund thus belonging to each magisterial district shall
be applied therein, in the manner herein provided, to maintaining the
macadam roads, working, keeping in order, repairing and altering the
public roads and bridges, and to the cost of constructing new roads and
bridges.

82. The board of supervisors of the county shall, as soon as possible
after the passage of this act, meet and appoint three discreet persons in
each magisterial district, who shall at once proceed to divide and lay off
all the public roads in their respective districts into road precincts, each
to contain approximately from seven to twenty miles of road, and shall
designate the road precincts by numbers and proper descriptions, and
file written reports thereof with the board of supervisors, who shall pre-
serve and record same; and the said persons shall receive for their ser-
vices a compensation of two dollars per day for all time actually engaged,
to be paid out of the general county levy, and their accounts shall be
sworn to by them before being allowed by the board.

§3. When the roads have been thus laid off into road precincts the
board of supervisors shall, upon recommendation in writing of a ma-
jority of the persons paying the taxes in the respective road precincts, ap-
point a superintendent for each road precinct, who shall serve for a term
of one year and until his successor shall be likewise appointed ; and in case
of the vacation of the office of superintendent by death, removal, or other-
wise, his successor shall be likewise appointed to fill the unexpired part
of the term.

§4. The board of supervisors shall annually apportion among the
road precincts in each district the district road taxes, given to each pre-
cinct at least one-half approximately of the district road taxes collected
in the precinct, and shall distribute the remainder among the road pre-
cincts, or such of them as in their judgment the public interest may
demand, and before making the apportionment, the board shall require
each road superintendent to file a written report as to the condition of
the roads and bridges in his precinct and the repairs necessary and the
estimated cost thereof, and said superintendent shall also obtain from the
commissioner of revenue of his district the assessed value of the taxable
property hereunder within his road precinct, and include same in said
report to the board.

§5. The road superintendents shall have full charge and control
of the application to the purposes aforesaid of the funds allotted by the
board to their respective precincts, and shall do and have done, in such
manner as they may deem best for the public interest, the aforesaid road
and bridge work and repairs in their respective precincts, and for these
purposes, may secure such employees, servants. materials and machinery
as they deem proper and necessary, and for these purposes may contract,
in the name of Tazewell county, for the benefit of their respective road
preincts, and their contracts legally made shall be binding upon the
county and payable out of the funds of the respective precincts; and all
accounts and claims against each road precinct, which are in proper form,
and poniled by the oath of the superintendent, shall be allowed by the

rd.

§6. Each road superintendent shall receive one dollar and fifty cents
for each day actually engaged in work on and about the roads in his
precinct, to be paid out of the funds of his precinct, and the board shall
not allow any account or claim in his favor until it has been duly item-
ized and sworn to by him.

§?. There shall be no superintendent of roads in Tazewell county
other than the ones herein provided for.

§8. In order to provide for the permanent improvement of the roads
of Tazewell county by macadamizing the main roads and rebuilding and
restoring the old macadam roads in the three magisterial districts, the
board of supervisors of the county shall annually levy, along with the
county levy, a county road tax, not to exceed twenty-five cents on the one
hundred dollars of assessed taxable values in the districts of the county,
and this county road tax shall be collected and accounted for, as other
county levies, and paid out on warrants of the board of supervisors drawn
on the county treasurer, to be known as county road warrants; and this
fund, together with all amounts arising from the county and road levies
on any railroad in the county, now or hereafter constructed, as well as
any other money in the county treasury not otherwise needed, shall con-
stitute the county road fund, to be divided equally between the three
magisterial districts of the county, and shall be applied, in the manner
herein provided, to macademizing the main roads and rebuilding and
restoring the old macadam roads in the respective districts.

39. It shall be the duty of the board of supervisors to appoint in each
magisterial district of the county two public spirited and successful busi-
hess men, residents and landowners therein, who, together with the
supervisor of that district, shall constitute the road committee for same,
and these two persons shall serve for a term of two years or until their
successors are appointed by the board, and shall receive no compensation
for their services. The road committee of the respective districts shall
hold meetings at such times and places as they may fix, of which each
member shall have due notice, and the majority controlling as to all
matters and questions arising before them, shall have the right and power
to determine at what points and times the said county road fund of their
districts or any other fund arising for the purpose aforesaid shall be
applied and expended in their respective districts, and to fix and deter-
mine how the proposed macadam work aforesaid shall be done, whether
by letting to contract to the lowest and best bidder, or by securing a
superintendent for the work and a force of men and necessary materials,
equipment and machinery, and whether in connection with or without
State aid or State convict labor, and shall have the right and power to
have the said macadam work done, and it shall be their duty to superin-
tend the same and see that the work is done according to their require-
ments and specifications, and for the purpose of having done the work
aforesaid, may secure all necessary engineers, agents, employees, mate-
rials, machinery and other equipments deemed proper and necessary,
and may require of any contractor, employee or other person bond for
the faithful performance of their duties and contracts, and may contract
in the name of Tazewell county, for the benefit of their respective dis-
tricts, and their contracts legally made shall be binding upon the county
and payable out of the funds of their respective districts; and all ac-
counts and claims against each district for work done and services per-
formed, or for things sold and furnished, which are in proper form, and
approved in writing by a majority of the road committee, shall be allowed
by the board. The road committee before beginning any work shall first
draw up specifications of the proposed work and advertise for bids, and
then determine how they will have the work done, the cost of getting up
the specifications and of writing any contract or other papers and of
doing any clerical work, shall be paid out of the county road fund for the
district in which the work is being done. The supervisor shall be the
chairman of the road committee for his district, and the committee may
select one of their number as secretary, if they find it necessary to do so.

§10. It is further provided, however, in respect to where the said
funds for macadamizing purposes are to be applied, that in the event
the fund belonging to any magisterial district shall be supplemented by
the offer in writing obligatory of solvent private subscriptions to the
amount of one-third of the fund on hand, it shall then be the duty of
the road committee to expend said fund, together with the said subscrip-
tions, upon that part of the main highway, to which said private sub-
scriptions are made; and it is further provided that in no event shall any
funds be expended at any time or place to making less than one mile of
good macadam road, except that the funds may be used for extending
macadam roads already built. ,

§11. The clerk of the board of supervisors shall keep a proper record
of all their acts and proceedings under this act, and the board may allow
‘the clerk a just compensation, to be paid out of the county levy, for the
extra work required of him by reason of the provisions of this act.

§12. The funds arising under this act shall be accounted for sepa-
rately by the county treasurer in his annual settlement with the board of
supervisors.

§13. Any district road fund now in the hands of the treasurer and
applicable to the repairing and keeping in order the roads of the respec-
tive magisterial districts, shall be expended by the board for that pur-
pose. :
$14. The funds which have heretofore accrued under the aforesaid
road act for Tazewell county, as heretofore amended and re-enacted, for
the purpose of providing a sinking fund, and have not been expended for
that purpose, shall be equally divided by the treasurer of the county be-
tween the three magisterial districts and expended by the board of super-
visors for the permanent improvement of the roads therein.

$15. All acts and parts of acts heretofore passed, creating a special
road act and law for Tazewell county, are hereby repealed.

§16. This is an emergency act, and shall take effect from its passage.