CHAP. 148.—An ACT to amend and re-enact an act entitled an act to
amend and re-enact an act entitled an act to provide for the working
and keeping in repair of public roads in the counties of Alleghany,
Bath and Highland, approved February 12th, 1884, as amended by
an act approved February 1st, 1898, as further amended by an act
approved May 5th, 1900, in so far as applicable to the counties of
Bath and Highland.

Approved March 12, 1912.

1. Re it enacted by the general assembly of Virginia, That
an act entitled an act to amend and re-enact an act to provide
for the working and keeping in repair public roads in the coun-
ties of Alleghany, Bath and Highland, approved February
twelfth, eighteen hundred and eighty-four, as amended by an act
approved February first, eighteen hundred and ninety-eight, as
further amended by an act approved May fifth, nineteen hun-
dred, be amended and re-enacted in so far as applicable to the
counties of Bath and Highland, so as to read as follows:

§1. Be it enacted by the general assembly of Virginia, That
the board of supervisors of the counties of Bath and Highland
shall have original jurisdiction to establish, alter, discontinue
and build all public roads and bridges, in their respective coun-
ties, and for this purpose said board shall have all the powers
now vested in the boards of supervisors by the general road laws
of the State of Vi irginia, and the same proceedings shall be had
therein as required in said general road laws; provided, that
anyone feeling himself aggrieved by an order of said board es-
tablishing, discontinuing or altering any road or bridge may
appeal to the circuit court in the same manner that appeals are
now allowed from the decision of said board, except that anyone
feeling himself so aggrieved by an order of the said board shall
serve written notice of said appeal within ten days from the date
of said order upon the clerk of the board of supervisors, who
shall immediately in writing notify the chairman of the board
and the commonwealth’s attorney of such appeal. And said ap-
peal shall be docketed for hearing at the first term of the circuit
court after notice of said appeal. The said board of super-
visors in their respective counties aforesaid shall take charge
of and have worked and kept in repair all public roads and brid-
ges heretofore and hereafter established within the limits of
said counties, respectively; and for this purpose said boards are
respectively authorized and empowered to levy a road tax, not
exceeding in any one year forty cents upon the one hundred dol-
lars of assessed taxable values in said counties and the board of
supervisors of the said counties shall adopt such regulations as
may be necessary to secure the proper working of the road in
said counties, and for that purpose said boards may purchase
such machinery and tools for the county as they may deem nec-
essary and let the same to contractors under this act upon such
terms as they may think proper. And the board of supervisors,
by a recorded vote, may adopt the general road law of this State,
or any part or parts of such general road law or any special road
law in any county in this State, or any part or parts of any such
special road law, and the said board or its successors shall have
power at any time, by a recorded vote, to rescind and annul any
such road law as it may have adopted under this act or any part
thereof.

§2. The board of supervisors shall at their annual meeting
in June in the year nineteen hundred and twelve, and every two
years thereafter, appoint one commissioner of the roads for
each magisterial district in said counties, who shall qualify be-
fore the clerk of the circuit court by taking the usual oath of
office, and shall continue as such until their successors are duly
qualified. The term of said commissioner of the roads shall be
two years and shall commence the first day of July after their
appointment. The said commissioners of roads shall have su-
pervision over all the roads and bridges within their respective
districts in the said counties. The said commissioners of roads
shall severally, annually at the July meeting of the said boards,
let to contract to the lowest suitable and responsible bidder the
work of keeping in repair the roads and bridges in their dis-
tricts. Notices of which letting shall be posted for ten
days at each post office and elsewhere in the district, the
letting to be as a whole or in sections and for a term of not
less than one nor more than four years, at the discretion of the
board of supervisors, and said term to commence on the first day
of August thereafter, |.
$3. They shall require the bonds to be in writing, signed by
the contractor, and shall deliver the same under seal to the board
of supervisors for their examination and approval or rejection
at their first meeting thereafter. Each contractor shall be re-
quired to execute a bond to the court, with good security, in the
penalty of double the amount of his bid for the faithful perfor-
mance of his contract. And recovery may be had for any breach
of said contract in the name of the-county for the benefit of the
road fund in the circuit court, by motion, after ten days’ notice
to the contractor and his securities.

And in case of recovery in said motion the same costs shall
be taxed in said judgments as if the motion were in favor of
the commonwealth, and a fee of five dollars shall be allowed the
commonwealth’s attorney, to be recovered from the defendant as
part of the costs, and any such judgment may be deducted by
said boards from the amount due said contractor on his contract.
The attorney for the commonwealth shall institute and prosecute
such motion. The contract and bonds shall be filed with the
clerk of the board of supervisors.

S$4, It shall be the duty of the commissioner of roads imme-
diately after entering upon the duties of his office to divide the
roads and bridges into sections convenient for letting to contract
under this act and report the same to the first meeting of the
board of supervisors thereafter, who may make such alterations
in said sections as they may think proper and after approving
the same shall enter it of record in their minutes. Said commis-
sioners of roads shall give personal supervision of all roads and
bridges within their respective districts; they shall see that the
contractors are faithfully performing their contracts and for
any failure to carry out such contract the commissioner of roads
for the district shall at once institute, through the prosecuting
attorney, proceedings for the recovery of damages for the breach
of said contract.

§5. And it shall be the duty of each such commissioner of
roads to cause the roads in his district to be kept cleared, smooth-
ed of rocks and obstructions, of necessary width, well drained and
otherwise in good order, and shall have removed by said con-
tractor all wood or dangerous timber that could fall into any
public road, and fully kept up to the plans, specifications and reg-
ulations that may be adopted by the board, and any such plans
and specifications and regulations shall be stipulated and set out
in the contract of each contractor.

At the fork or crossing of every road a sign-board on which
shall be stated in plain letters the most noted places to which
each road leads and across each stream, when it is necessary and
practicable a sufficient bridge, bench or log for the accommoda-
tion of foot-passengers, and shall require said contractors in
the months of May and September to remove such necessary rock
from the fords of all streams on their respective sections so as
to make said fords as smooth and passable as possible.
$6. Said commissioners of roads shall report to the regular
meetings of the board of supervisors of their respective counties
the condition of the roads and bridges in their respective dis-
tricts during the months of March, April, May, June, July, Au-
gust, September, October and November of each year, which said
report shall be in writing and shall state what sections are in
good condition and in compliance with the requirements of this
act and the regulations, stipulations and specifications of the
respective boards, and also what sections, if any, are not in good
condition and not kept up to the requirements of this act and the
specifications, regulations and stipulations of the respective
boards. And said report shail show further in what particular
any of said sections are not in good condition and wherein the
contractor has failed to comply with the requirements of this act
and the regulations, stipulations and specifications of the res-
pective boards.

§7. Any section of road so reported out of condition, and so
forth, for any two of said months in any one year shall forfeit the
contract of the contractor for said section, and the road commis-
sioner shall take charge of said section and put and keep the same
in good condition during the remainder of said contract, or until
said section be relet to contract at the expense of the said con-
tractor and his sureties, and the expense for putting and keeping
said section in repair shall be itemized and sworn to by said com-
missioner and shall be recoverable from said contractor and his
sureties after ten days’ notice in the circuit court of the respec-
tive counties. But the right of appeal is hereby given to any
said contractor from said forfeiture which shall be tried by the
court without the intervention of a jury.

For any breach of duty under any of the sections of this
act the said road commissioner shall be guilty of a misdemean-
or, and the circuit court is given concurrent jurisdiction with
the justices of the peace of the respective counties for the trial
of said misdemeanor.

$8. The commissioner of the roads shall receive as compen-
sation not exceeding two dollars a day while actually engaged,
but in no case shall his compensation exceed one hundred and
fifty dollars per annum, to be paid by the county. No member
of the board of supervisors or commissioner of roads shall be di-
rectly or indirectly interested in any contract made under this
act, and any participation therein by either shall render the con-
tract null and void, nor shall said commissioner of roads or
board of supervisors accept as surety on the bond of any con-
tractor under this act, any State, county or district officer. And
for any violation of the provisions of this section such member of
the board or commissioner shall be guilty of a misdemeanor.

§9. All levies made and collected under this act shall be col-
lected and accounted for by the county treasurer as other levies
are and shall be paid out on the order of the board of supervisors.
§10. The board of supervisors shall have power at any time |
for good cause to revoke the appointment of the commissioner
of roads and to appoint his successor to fill his unexpired term;
and all other powers necessary to be employed in carrying out
the provisions of this act.

S11. If the board of supervisors shall neglect or refuse to
perform any duty required of them by this act the circuit court
may, upon application of any person interested, by mandamus
compel said board to perform such duty. Such provisions of
the general road law of the State as do not conflict with this act
shall continue in force in the counties named herein. All acts
or parts of acts in conflict herewith are hereby repealed.