CHAP. 123.—An ACT to amend and re-enact an act approved February 8,
1908, entitled an act to amend and re-enact an act approved March 10,
1904, entitled an act to amend and re-enact an act approved April 2,
1902, entitled an act to amend and re-enact an act entitled an act to
provide a road law for Campbell county, approved March 5, 1900.

Approved March 11, 1912.

1. Re it enacted by the general assembly of Virginia, That
an act approved February eighth, nineteen hundred and eight,
entitled an act to amend and re-enact an act approved March
tenth, nineteen hundred and four, entitled an act to amend and
re-enact an act approved April second, nineteen hundred and
two, entitled an act to amend and re-enact an act entitled an act
to provide a road law for Campbell county, approved March
fifth, nineteen hundred, be amended and re-enacted so as to read
as follows:

$1. The board of supervisors of Campbell county before
the first day of January, nineteen hundred and thirteen, and
before the first day of January of each succeeding year there-
after, shall appoint for a term of one year, beginning on the
first day of January next succeeding the date of such appoint-
ment, a competent road engineer for said county, who shall be
a civil engineer, who may or may not be a citizen of Campbell
county or the State of Virginia, and who shall have exclusive
control of the working, building and repairing of the public
roads and bridges, and laying of all sewers, pipes and conduits,
and other public improvements in the highways and other pub-
lic places, in the said county; provided, however, in cases where
the State co-operates with the county in building and otherwise
permanently improving the public roads and bridges of the
county, the road engineer shall be under the control of the State
highway commissioner, or his duly authorized representative.
Provided, further, that the use of roads, turnpikes and public
ways for tramways, conduits, poles or other quasi public uses
shall be under such conditions as may be prescribed by enact-
ments of the board of supervisors, and that the board of su-
pervisors shall have power by enactment hereby authorized to
revoke all unused grants or permits given for the use of roads,
turnpikes and public ways. The unused grants or permits
shall include all or any part of such grant or permit as may not
have been actually used at the time such enactment takes effect.
The enactments of the board of supervisors enacted under this
provision shall be construed as regulations and not as contracts.

Any violation of such enactments shall be deemed a misde-
meanor, and shall be punishable by fine of not less than five nor
more than one hundred dollars for each offense, and each day’s
continuance of such violation shall constitute a separate offense.
The said road engineer shall receive such compensation for his
services under this act as the board of supervisors shall allow,
not to exceed a rate of fifteen hundred dollars per annum. The
road engineer, before entering upon the duties of his office, shall
qualify before the board of supervisors by taking oath to faith-
fully perform the duties of his office, and executing a bond, with
security approved by the said board, in the penalty of five thou-
sand dollars, conditioned for the faithful discharge of his du-
ties under this act. The road engineer shall have no power to
open new roads or build new bridges until and after plans and
specifications of the same have been submitted by him to the
board of supervisors, and have been approved and authorized
by said board. The board of supervisors shall have power to
remove at any time, at pleasure, the said road engineer, and
appoint another to fill such vacancy, and such road engineer
shall be liable to prosecution for any neglect of duty or malfea-
sance in office, and, upon conviction, shall be fined not less than
five nor more than fifty dollars.

$2. The road engineer shall attend the regular meeting
of the board of supervisors, and, upon request of such board,
shall attend such other meetings as it may hold; said board shall
inform the road engineer within ten days after receiving such
information the amount or amounts of money available for road
purposes in the respective districts and the road engineer shall
at no time make any obligations, payable out of the road funds
of the several districts, for a greater amount or amounts than
is then in the hands of the treasurer to the credit of the district
in which the expenditure is to be made, unless such amount be
specifically authorized by the board of supervisors.

The road engineer may employ an assistant in each district
to superintend the work of said district at a salary not in excess
of seventy-five dollars per month and such help to work and
repair the roads and bridges in the several districts as he may
deem best, or the road engineer, acting jointly with the board
of supervisors may let such work and repairs to contract for
one or more years. ‘‘he board of supervisors shall execute all
such contracts, and require such sufficient bonds from the con-
tractors as may be necessary to guarantee faithful performance
of the work.

§3. Payments for work done on the road and bridges
of any district shall be made as follows: The road engineer shall
issue certificates for such obligations and debts as may have
been properly contracted, and the supervisor of such district,
upon the presentation of such certificate and statement of debt,
shall issue a warrant upon the treasurer of the county for the
amount, and said warrant musc be accompanied by the certifi-
cate of the road engineer, and the treasurer shall pay such
warrant, retaining both the warrant and certificate as vouchers,
and charge the same against the fund belonging to the district
in which the work has been done. The treasurer, when set-
uing with the board of supervisors, shall surrender to it the road
engineer’s certificates; provided, however, in any work done on
account of the county, the certificate of the road engineer is tc
be presented to the board of supervisors, who shall issue a war-
rant on the treasurer of the county, who shall pay the same
when accompanied by the said certificate, retaining both as
vouchers, and charge the same against the proper county fund.
The supervisor of any district, before paying any claim for
work done on the roads or bridges of the several districts, shall
require the delivery to him of the road engineer’s certificate,
and the statement of debt for which it is given, and shall retain
the statement of debt, duly receipted, and deliver the same to
the board of supervisors at its next meeting, and the same shall
be compared with the road engineer’s certificate delivered to
the board by the treasurer. In the event that laborers are em-
ployed by the road engineer to work on: the roads and bridges,
the wages of said laborers shall be paid at least monthly, and
oftener, if necessary. The road engineer shall issue a certifi-
cate for the amount due such laborers and attach the same to
his pay roll, giving the names and amounts due each laborer,
and shall deliver such pay roll and certificate, or cause the same
to be delivered, to the supervisor in the district in which the
work is done, and the supervisor shall draw a warrant on the
treasurer, attaching the road engineer’s certificate thereto, and
shall deliver the said pay roll to the board of supervisors at its
next meeting, as in the case of other statements of debt and for
the same purpose. When the treasurer has paid said warrant
for said pay rolls, the supervisor shall pay in person the sums
stated in the pay roll to the laborers to whom they are due. If
the supervisor, after having received the money from the treas-
urer, refuses or fails to pay any laborer upon demand the
amount due him as shown by said pay roll, he shall be deemed
guilty of embezzlement of the sum so withheld. The super-
visors shall be paid two dollars per day for services contem-
plated in this act, but shall not be allowed more than six dol-
lars each in any one month.

§4. The road engineer, as soon as practicable after his
qualification, shall carefully examine all the public roads and
bridges of the respective districts, and shall proceed to put the
same into proper condition as rapidly and efficiently as the
available funds will permit, and each supervisor shall examine
all the roads and bridges in his district at least once every year,
and shall report the condition thereof to the board of supervi-
sors.

$5. When the board of supervisors and the road engineer
may elect to let any work on the roads or bridges in any district
to contract, they shall first advertise for sealed bids, stating
clearly in the advertisement the work to be done on such roads
and bridges, and in addition to what 1s specified and required
by section nine hundred and eighty-two of the Code, the notice
of such letting to contract shall be posted for not less than ten
days at three or more public places in the district in which such
contract is to be performed. The bids shall be in writing, and
signed by the contractor, and the same shall be delivered under
seal to the said board for examination and acceptance or rejec-
tion, and at its first meeting thereafter each contractor, betore
being finally awarded any contract, shall be required to execute
a bond to the county with good security in the penalty of at
least double the amount of his bid, conditioned 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 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
by motion after ten days’ notice to the contractor and his se-
curities, and in case of a recovery on said motion, any such
judgment, with costs, may be deducted by said board, or by the
member of said board in whose district the work lies, from the
amount due said contractor on his contract. The attorney for
the Commonwealth shall institute and prosecute such motion.
The board of supervisors, in its discretion, may reject any and
all bids, in which event said work shall be done by the road en-
gineer as above provided.

All work done under contract shall be paid for as the con-
tract may provide, except that the road engineer shall not issue
certificates for more than eighty per cent. of the amount due
for work actually done until the completion of the contract and
the acceptance of the work by said road engineer, when cer-
tificate for the full amount due the contractor shall be issued by
said road engineer.

§6. No member of the board of supervisors or the road
engineer shall be directly or indirectly interested in any con-
tract made under this act, and any participation by either shall
render the contract null and void, and any member of said board
or the road engineer so participating shall be deemed guilty of
a misdemeanor, and punished according to law. The road en-
gineer, with the written approval of the member of the board
of supervisors of the district, may sell or dispose of any tools or
implements which may belong to the district, and the price re-
ceived therefor shall be placed to the credit of the road fund of
that district.

§7. The 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 several districts, and
any such implements, machinery, horses and mules as may be
so purchased, shall be placed under the care and protection of
the road engineer who shall have the entire control and man-
agement of them, and be responsible and liable on his official
bond for any loss arising from any negligence in properly car-
ing for the same; provided, however, that nothing herein shall
authorize said road engineer to use said implements, machinery,
horses and mules for any other purpose than that for which
they were furnished, without the order of the board of super-
visors entered of-recond.
§8. The board of supervisors may annually levy, along
with the county levy, a road tax upon the property, real and
personal, assessed for taxation in their county; such tax shall
be not more than twenty cents upon every one hundred dollars
in value of such property, and the same shall be collected, ac-
counted for, and paid out on the warrant of the board of super-
visors, as if it were a county levy. Such tax, together with any
other county funds not otherwise appropriated, shall be applied
to the building and repairing of bridges, the payment of costs
and damages incident to the alteration of roads, or the establish-
ment of new roads, the purchase of machinery and teams neces-
sary for the proper working and repairing of all the roads of
the county, and especially for the working and repairing of the
Lynchburg and Campbell courthouse and the Lynchburg and
Concord turnpikes in said county. After the payment of the
aforesaid expenses, if there be any. of said fund remaining un-
expended, the said board of supervisors may, out of said fund,
macadamize or otherwise permanently improve such roads in
the county as the board of supervisors may deem necessary and
proper to be permanently improved at the expense of said gen-
eral fund. :

$9. The said board of supervisors shall, in addition to
the county road tax above provided for, annually levy a district
road tax upon the property, real and personal, assessed for tax-
ation in the several magisterial districts of the county, which
shall be applied to the working, keeping in order, repairing or
permanently improving the roads in such district. Such tax
shall not exceed fifty cents upon every one hundred dollars in
value of such property, and the same shall be collected, account-
ed for and paid out as in this act heretofore provided for. The
county treasurer shall keep the road funds of the county and
of each district separate, and all district road taxes shall be
expended for the benefit of the district from which they are
collected, and a different rate of tax may be prescribed for dif-
ferent districts in the county.

$10. The road engineer, with the approval of the board
of supervisors, may join the forces of the different districts for
the repairing or permanently improving any road in the coun-
ty. Such combination, however, shall not result in spending of
the money of one district in another district.

§11. All applications for new roads or new bridges, or
for the change of location of existing roads shall be made to the
board of supervisors of the county, and proceedings therefor
shall be as provided by the general law in force at the time of
such application. When any new road is ordered to be opened,
or the location of any road changed, the same shall be done e1-
ther by contract or otherwise as the board of supervisors may
deem best. -

S12. The road boards of Campbell county shall continue
until January first, nineteen hundred and thirteen, at which
time they shall be abolished and the terms of office of the pre-
sent commissioners of roads and the clerks of said boards shal!
expire at that time. :
. §13. The general road law of the State except so far as
ir conflict with this act shall be in force in the county of Camp-
$14. All acts and parts of acts inconsistent with this act
are hereby repealed, in so far as inconsistent hérewith, except
the acts authorizing the purchase, holding the maintenance by
said county of the Lynchburg and Campbell courthouse and the
Lynchburg and Concord turnpike roads, which roads shall be
held and maintained as in said acts provided.
$15. Before this act shall become effective, however, the
board of supervisors after publication of its purpose so to do,
once a week for two weeks in two newspapers published in said
county or the city of Lynchburg, the last publication to be at
ieast ten days before such action by such board, shall adopt this
act as the special road law of Campbell county, and provided,
further, that the board of superyisors in the event that the oper-
ation of this law should prove unsatisfactory, shall have the
power to repeal this act and to substitute for it the special road
law in effect in Campbell county at the time this act takes effect.