CHAP. 199.—An ACT to amend and re-enact an act to provide for the
making and keeping in repair the roads and brideves of Charlotte
county, approved March 6th, L896,

Approved March 13th, 1912.

1. Ee it enacted by the general assembly of Virginia, That
the board of supervisors of Charlotte county shall take charge of
and have worked and kept in repair all the public roads and
bridges heretofore and hereafter established within the limits
of said county, and shall have full and exclusive power to open
new roads, locate and establish new bridges, and change and
discontinue existing roads and bridges; and for this purpose
the said board of supervisors are authorized and empowered
to appropriate, out of the general county levy, whatever amount
of money they may deem necessary, and at their annual meeting,
when the levy for county purposes is laid, they shall provide in
said levy for said amount of money; provided that the sum to be
so provided or expended under this act in any one year shall not
exceed twenty cents on the hundred dollars of the taxable value
of said county. :

2. That the board of supervisors may appoint one or more,
but not more than six freeholders of said county, who shall be
known as road commissioners, and whose duties shall be such
as are hereinafter designated and such other duties as the
board of supervisors shall require of them; their compensation
shall be fixed by the said board, but shall not exceed two dollars
per day for the time thev ate actually employed in rendering the
services required of them. They shall continue to serve during
the pleasure of the board of supervisors, and may be removed at
any time by the board of supervisors.

3. That the several magisterial districts in said county as
now laid off, shall constitute the several road districts of the
county; but the board of supervisors may at any time change or
subdivide the districts and subdivide any road into sections. The
board of supervisors shall have authority to apportion the road
funds according to mileage in the several districts or according
to taxable values of each district so far as may be practicable.

4. That the board of sunervisors shall determine in) what
manner the roads of the several road districts, or the several
sections of roads or parts thereof, shall be worked, and bridges
repaired and built. The said board may let to contract the work
on any or all of said roads and bridges, or they may employ a
general superintendent of roads who shall be a practical engi-
neer, who shall be removable at the pleasure of the board and
who shall have charge of all road work in said county which is
under supervision of said board of supervisors, who shall fix
his compensation, and also said board of supervisors may em-
ploy competent managers and laborers, and purchase or hire the
necessary machines, implements, tools, horses and mules to work
any and all of the roads and repair and build any and all bridges.
They may, if they deem it practicable, secure and utilize the
labor of pentitentiary convicts and prisoners in the county jail
in the work of repairing roads and bridges, or any of them, and
they may make all the provisions necessary to secure and use
said convicts and prisoners.

5. That the board of supervisors may, whenever they deem it
proper, cause any or all of said roads and bridges to be inspected
by said general superintendent of roads or by one or more com-
missioners to ascertain the condition of the same, the repairs
needed, the probable cost of such work, the best method of
making said repairs, the manner in which the work on said roads
and bridges has been executed, and the expediency of changing
or discontinuing any of said roads and bridges, and said board
mav likewise appoint a committee of its number to make any
such examination.

6. That the board of supervisors, when they shall have de-
termined to let to contract the work of repairing or keeping in
order any road or bridge, erecting any new bridge, changing
any existing road, or opening a new road, shall prepare, or cause
to be prepared by said general superintendent of roads, or by one
of its commissioners, full and complete specifications of the work
to be let to contract, and shall advertise the time and place of
letting the same for at least ten days by publication in a news-
paper circulated in the county, or by hand-bills posted in the
vicinity of the work to be done and at three or more public places
in the county. All proposals for said work shall be in writing,
and the contract for such work shall be let to the lowest resnon-
sible bidder, but the said board of supervisors shall be at liberty
to reject any and all of said bids. The said board of supervisors
mav require of any bidder a bond, with security to be approved
by them, in a penalty equal to the amount of his bid, payable to
the board of supervisors, conditioned to secure the prompt and
proper performance of his contract, and in all cases where the
contract price of work exceeds two hundred dollars they shall
require such bond of the contractor before letting the contract
to him. When a contractor for any such work shall have exe-
cuted such a bond the board of supervisors may pay for the work
as it progresses, but they shall at no time pay more than seventy-
five per centum of the value of work actually accomplished by
the contractor, and shall reserve the remaining twenty-five per
centum of the value of such work until the same is completed to
the satisfaction of the board. On contracts for which no suffi-
cient bond has been given by the contractor, the board of super-
visors shall make no payment until the work thereunder has been
properly completed. Before or after bids for any work to be let
to contract has been received by the board of supervisors, and
before letting said work to contract, they may, if they deem it
expedient, cause said work to be examined by said general super-
intendent of reads or by one or more of the commissioners, and
hear the testimony of witnesses to ascertain if the acceptance
of any of said bids will be advantageous.

7. Every employee of the board of supervisors engaged under
this act to whom is paid any money for disbursement shall, be-
fore receiving the same, enter into bond, with security to be ap-
proved by the board of supervisors, in a penalty at least equal to
the larecst sum to be so received by him, conditioned to secure
the proper application of and accounting for said money. He
shall be required to render account and exhibit vouchers for all
receipts and disbursements at least once a month, or oftener if
required by the board, and no such employee shall be paid any
further or other sum for disbursements until he has so accounted
for the money theretofore received by him. Every such em-
plovee to whom is delivered any implements and tools or other
property of the county shall receipt for the same and shall be
responsible for the value thereof until and unless he shall return
the same.

8. That when board of supervisors deem it proper to inquire
into the expediency of discontinuing any road or portions of a
road, or any bridge now existing or established, they shall give
notice of the time and place of such inquiry by publication in
some newspaper circulated in the county or by hand-bills posted
at five or more places on the route of said road so to be discon-
tinued or on which the bridge to be so discontinued is
located, not less than ten days before such inquiry is
held. The board of supervisors shall, in the conduct of such
inquiry, hear all evidence in favor of and against such discon-
tinuance and make such order as they may deem proper in the
premises. If any person shall consider himself aggrieved by
such order of the board of supervisors he may appeal to the
circuit court, but In no such case shall a judgment for the cost
of appeal or other cost be rendered against said board or any
of the members thereof; provided, however, that any such dis-
continuance of anv road or bridge shall not be deemed an
abandonment or relinquishment by the county of the right of
way over the route of said road, or of any other right in the
premises. Any road or bridge so discontinued may be re-opened
and re-established by the board of supervisors by a vote of the
majority of all its members.

9. All applications to open and establish new roads and
bridges and to change the location of roads and bridges now
existing shall be made to the board of supervisors, whose de-
cisions in such matters shall be in accordance with the law now
in force, except in so far as it is amended by this act. When anv
such application is made, or when the board deems it probably
expedient to change the location of any existing road or part
thereof or bridge, they shall cause an examination to be made
by said general superintendent of roads or by one or more com-
missioners of the route of the new road, or proposed route of the
existing road, to ascertain the expediency and probable cost of
and damage to landowners incident to the opening of such new
road or change of existing road. Before said general superin-
tendent of roads or said commissioners shall assess the damages
for lands to be taken for any such road they shall give to the pro-
prietor or proprictors of such lands not less than five days’
notice of the time when they will go upon the premises to make
such assessment of damages. In making such assessment the
said general superintendent of roads or said commissioners shall
take into consideration the advantages to accrue to such pro-
prietor by reason of the opening or changing of such road. If
the proprietor or proprietors of lands so to be taken for such
road purposes refuse to accept as compensation for damages to
their lands the sums assessed by the general superintendent of
roads or by the commissioners, the board of supervisors may
either decline to open such new road or change such existing road
or bridge, or they may, through the commonwealth’s attorney,
apply to the circuit court to have the lands necessary for such
road purposes, assessed and condemned in the manner now pro-
vided by law. If the damage for such lands as ascertained by the
circuit court shall be deemed by the board of supervisors to be
excessive, they may refuse to open such new road or to change
such existing road or bridge, and no damage to a proprietor of
such lands shall be due or payable by the board of supervisors
unless and until they shall establish such new road or change
such existing road or bridge.

10. The commonwealth’s attorney of the county shall attend
all meetings of the board of supervisors when matters appertain-
ing to the public roady are acted on; shall prepare all contracts
made by or with the board, and examine all bonds required or
taken by the board under this act; scrutinize all accounts pre-
sented to the board for labor, services, supplies, and material
furnished for road purposes, and take all necessary and proper
action to protect the interests of the county in all such matters.
He shall, when required by the board, institute legal proceedings
on any and all bonds and contracts on which a liability has been
incurred by the obligors and contractor, and shall render to the
board of supervisors all reasonable services and assistance that
shalk be required of him by the board.

11. All notices required by this act to be served or posted
shall be served and posted by the sheriff of the county.

12. If the proper discharge of the duties imposed upon them
by this act shall require that the board of supervisors shall meet
more than the ten days for which compensation: is now provided
by law, then for each additional meeting the members of said
board shall receive the same per diem compensation and mileage
as now allowed them; but no member of said board of super-
visors shall receive such additional compensation and mileage
for more than five days in any one year.

13. All acts heretofore passed by the general assembly in
reference to the public roads of Charlotte county, and all acts
or part of acts inconsistent with the provisions of this act, are
hereby repealed.

14. The general superintendent of roads or the road com-
missioner of the district in which the material is situated may
take, or cause to be taken from the most convenient land, wood,
stone, gravel, or earth that may be necessary in constructing
or repairing the road to be constructed or repaired under this
act; provided that such stone, wood, gravel, or earth shall not be
taken from any yard, garden or orchard, without the consent of
the owner, and provided further, that the general superintendent
of roads or the road commissioner shall not cut any fruit or
ornamental trees, or any hedge planted or left as protection to
cattle; provided the same does not in any wise interfere with the
travel along the road.

1414. If the general superintendent of roads or the road com-
missioner for any district and the owner or tenant of any land
from which it may be necessary to take any wood, stone, gravel,
earth or other material can agree upon the amount of compen-
sation due to said tenant or owner by reason thereof, the general
superintendent of roads or the road commissioner shall so re-
port to the board of supervisors, and the board of supervisors
shall order its warrant to be issued in favor of said owner or
tenant for the full amount of compensation agreed upon, or
as much thereof as the board may deem reasonable, subject to
such owner’s or tenant’s right to appeal to the circuit court of
Charlotte county, as in other cases of appeal from the board of
supervisors.

§1414-a. If the owner or tenant of any such land shall think
himself injured thereby, and said general superintendent of
roads or said road commissioner cannot agree with the owner
or tenant as to the amount of damages done to the owner or
tenant by reason of taking wood, stone, gravel or earth from his
land, the said general superintendent of roads or said road com-
missioner shall make application to a justice of the peace of the
district in which the wood, stone, gravel or earth is situated to
Issue a warrant to five disinterested freeholders, any three or
more of whom may act, requiring them to view the land, and as-
certain what is a just compensation to such owner or tenant for
the said wood, stone, gravel, or earth. The said freeholders, after
taking an oath before a justice of the peace to faithfully and
impartially discharge their duties as viewers, shall, after giv-
ing to the owner or tenant five days’ notice in writing, ascertain
such compensation, and report the same to the board of super-
visors. The said frecholders, in ascertaining the comnengation
to the owner or tenant, shall take into consideration -the con-
venience and inconvenience that may result to the owner or
tenant from building or repairing the road on which said wood,
stone, gravel or earth is used. The board of supervisors may
allow the full amount reported by said freeholders, or so
much thereof as upon investigation they may deem reasonable,
subject to such owner’s or tenant’s right to appeal to the cir-
cuit court of Charlotte county, as in other cases of appeal from
the board of supervisors. The notice required by this act to
be given to the owner or tenant shall be served and returned
by the sheriff, as other notices are served and returned, and said
freeholders shall be allowed two dollars per day for each day
they are actually engaged as viewers.

§15. An emergency existing by reason of the importance
and necessity of working the roads of Charlotte county, this act
shall be in force from its passage.