(Wheeling: John F. M'Dermot, Public Printer, 1865)
Chap. 27. - An Act to amend and re-enact the Sixteenth and Thirty-third Sections of "An Act providing for the Construction and Repair of Roads and Bridges."
Passed February 11, 1865.
Be it enacted by the Legislature of West Virginia:
1. The sixteenth and thirty-third sections of the act entitled "an act providing for the construction and repair of roads and bridges," passed December fourth, eighteen hundred and sixty-three, are hereby amended and re-enacted so as to read as follows:
"16. It shall be the duty of every surveyor of roads to order out every such person, between the first day of April and the first day of October, annually, to meet with proper tools and perform the work, aforesaid, on the public roads within his precinct; and if any such person, being personally warned by the surveyor, or by leaving a written notice at his usual place of abode, or by some person under the direction of the surveyor, by whom such warning can be proven, shall refuse or neglect, having had at least three days notice, to attend by himself or a substitute acceptable to the surveyor, on the day and at the time and place directed by the surveyor, or having attended shall refuse to obey the direction of the surveyor, or shall spend the time in idleness or inattention to the duties assigned him, every such delinquent shall forfeit and pay for neglect to attend, unless good excuse be shown therefor, or for any of the offences specified, two dollars for every such neglect or offence; which penalty, if paid within ten days from the date of the notice to attend, shall release such delinquent from one of the two days work required by the fifteenth sectio of this act, but if not paid within ten days, shall be recovered by action before any justice of the township, at the suit of the surveyor, with costs of collection."
"33. Every surveyor of roads, before entering on the duties of his office, shall himself, with one or more good securities, execute and deliver to the clerk of his township a bond, in a penalty of one hundred dollars, conditioned for the faithful performance of the duties of his office and the payment of any money in his hands at the expiration of his term of office, to his successor. If any surveyor shall fail to pay over such money in his hands to his successor, it shall be the duty of said successor to institute a suit before a justice upon his said bond for the use of the precinct, and recover from him and his sureties such damages as may be awarded against him for any breach of his official bond, and costs. The oaths of office may be administered to such surveyor by the said clerk, who shall file the certificate thereof in the office of the recorder of his county."
Timeline of West Virginia: Civil War and Statehood: February 1865