CHAP. 149.—An ACT to amend and re-enact an act of the general assem-
bly, approved March 4, 1894, entitled an act to provide for the work-
ing and keeping in order the public roads of the counties of Greene
and Madison, as amended by act approved May 14, 1903, so far as the
same applies to Madison county, so as to provide for the opening,
constructing, maintaining and working the roads, and keeping in
order the causeways and bridges of Madison and Greene counties,
and creating the office of superintendent of roads, and prescribing his
duties and compensation; and repeal any act in conflict herewith.

Approved March 12, 1912.

1. Be it enacted by the general assembly of Virginia, That
an act approved March fourth, eighteen hundred and ninety-
four, entitled “An act to provide for the working and keeping
in order the public roads in the counties of Greene and Madison,”
as amended by act approved May the fourteenth, nineteen hun-
dred and three, so far as the same applies to the counties of
padison and Greene, be amended and re-enacted so as to read as
ollows:

81. The boards of supervisors of Madison and Greene coun-
ties, except so far as the same are inconsistent herewith, shall
possess the jurisdiction and powers over the opening, building,
maintaining and repairing the roads, causeways and bridges of
Madison and Greene counties which are or may hereafter be
vested in the several boards of supervisers ot the State by the
general road law thereof. And except so far as the same may
be in conflict herewith the general road laws ot the State shall
be deemed amendatory hereof.

$2. Within thirty days after this act becomes operative, it
shall be the duty of the judge of circuit court to appoint, either
in term or in vacation, a superintendent of roads for the counties
of Madison and Greene, who must be a freeholder, an engineer,
or practicable experienced road builder, who shall qualify before
the beginning of his term of office before the circuit court of
the county, or the clerk thereof in vacation, by taking the usual
oath of office required by county officers, and giving a bond in
the penalty of five thousand dollars, conditioned upon the faith-
ful discharge of the duties enjoined upon the office, the term of
office of the superintendent of roads shall begin on the date of
his qualification, and continue for the period of four years, and
until the qualification of his successor.

§3. The superintendent of roads shall have full power and
control over the working, building and repairing the rvads,
causeways, and bridges of Madison and Greene counties; he shall
have the power to appoint overseers and deputies, to let any road
or section thereof to be worked by contract, if deemed expedient.

§4. The board of supervisors, at their meeting in April of
each year, or as soon thereafter as possible, shall prescribe the
per diem allowance to be paid overseers and hands, the price to
be allowed for teams, wagons, implements, and so forth, and may
make such rules as they may deem proper as to the character
of its work to be performed on the main or market roads, or
any specific section thereof; provided, however, whenever the
road superintendent shall deem the scale of wages or price so
fixed, or any regulation to be unreasonable, he shall have the
right to appeal to the circuit court.

$5. At their regular meeting in April, or as soon thereafter
as practicable in each year, the board of supervisors shall set
aside a definite per centum of the county levy, which shall be
known as the general road fund, and out of the amount so fixed
shall, after providing for the salary of the superintendent of
roads, a specific amount to be expended during the current year
for the building and repairing of bridges, a specific amount to
be used in the purchase of such machinery, implements, tools
and teams as may be deemed expedient, and apportion the resi-
due thereof among the several magisterial districts according to
their share in the payment of the general road fund.

§6. In a suitable book to be provided by the board of supervi-
sors for the purpose, to be known as superintendent’s road book,
the clerk of the county, as soon as practicable after the said
April meeting, shall make an appropriate entry in the superin-
tendent’s road book indicating the year, the amount set apart
from the county fund for roads, and bridges, the amount of the
district road fund for that year, the balance due by treasurer
from the previous year, keeping the fund of each district sepa-
rate, and the schedule price fixed upon for hands, teams, and
soforth. For which service the clerk shall be allowed a reasonable
compensation by the board out of the general road fund. The
superintendent shall keep in said book an accurate account of
all his expenditures, keeping the fund of each magisterial dis-
trict separate, naming the district, sub-district, road or section,
and the amount of expenditures on each, as the case may be,
said book shall at all times be open to the board for their in-
spection.

§7. On or before the regular meeting in May the board shall
by order entered of record, select a general or special meeting
day in September to be known as “road meeting.” At the road
meeting in September the said board shall examine the superin-
tendent’s road book, audit his accounts, settle with the overseers
who may present their claim therefor. The board of supervisors
may allow, and settle claims for road or bridge work at any reg-
ular meeting; provided, however, that the claim of no overseers
or deputy shall be allowed, except upon presentation of a sworn,
itemized account, upon which there is endorsed a written ap-
proval by the superintendent of roads. Whenever the board of
supervisors shall allow-the account of any overseer for services
or work rendered upon the roads of his district subsequent to
the first day of September, which service or work should have
been rendered by him previous thereto, the warrant for such
claim shall not be drawn before the road meeting in the next
succeeding year. :

§8. The superintendent of roads shall act as purchasing agent
of the board of supervisors in the purchase of all machinery,
tools, implements, teams, material, and so forth, which may be
needed; he shall have charge, and control of all machinery, imple-
ments, tools, teams, and so forth, owned by the county; he shall
superintend in person, by deputy or overseer, the working of all
the roads in the county, and hire all labor, teams and. assistance
therefor, and certify the same to the board of supervisors for
settlement; provided, however, he shall not expend in any magis-
terial district an amount greater than the proceeds from that
district road levy, and the amount allotted to the district from
the general road fund. He shall inspect all claims presented
for work or services rendered on roads or bridges, and endorse
thereon in writing his approval or disapproval. The superin-
tendent shall have the power to appoint one deputy in each mag-
isterial district, who shall receive a certain amount per diem, to
be paid by the board ot supervisors when actually engaged by
the superintendent, not to exceed in any year the sum of fifty
dollars; prior to the road meeting in September, the superin-
tendent in person or by deputy shall inspect all the road districts
of the county, and make report to the board the quality of service
rendered in each, make each recommendation, and give such
general information as may be required by the board.

S9. The clerk of the court shall be deemed clerk for the
board and superintendent in all matters pertaining to roads, and
shall receive for his services not exceeding fifty dollars per an-
num, paid out of the general road fund.

$10. As compensation for all the services required of the
superintendent of roads, he shall receive a salary to be determin-
ed by the judge of the circuit court, and the board of supervi-
sors, provided, the same shall not be less than four hundred
dollars, nor more than four hundred and fifty dollars per annum
for Madison county, and shall not be less than three hundred
dollars nor more than three hundred and fifty dollars pcr annum
for Greene county; any vacancy occurring in the office of super-
intendent shall be filled by appointment of the circuit court.
§11. The superintendent of roads, his deputies and road
overseers, shall be deemed to be officers, and in all respects liable
for non-feasance, misfeasance and malfeasance in office, as other
officers.

§12. Nothing herein contained shall be construed to prevent
the board of supervisors from letting to contract in writing the
permanent improvement of any section of road.

§13. On account of the inadequate road laws now in force in
the counties of Madison and Greene, an emergency is declared
to exist, and this act shall be in force from its passage.

§14. The general road law of this State, except so far as is
in conflict with this act, shall be in fui force in the counties of
Madison and Greene, and all special road laws for the said coun-
ties heretofore enacted are hereby repealed.