etc., to give bond, pen alty, etc. make road, company authorized by law to do business in this state, to be approved by the surveyor of roads, in a sum double the amount of the bids, conditioned to make or put such road or roads in repair on or before the first day of June in each year, and keep the same in repair until the expiration of the contract or contracts so purchased. Surveyor; his report to court; when -court to approve contract, what endorsed thereon. XIII. It shall be the duty of each surveyor of roads as soon as practicable after the sale of said county and what to roads, or of any road newly established or purchased contain, etc. or changed, and annually thereafter, to ascertain and report in writing, as soon as ascertained, to the county court, the amount of money necessary to construct and keep in repair the county roads in his precinct for the term of one year, and he shall accompany said report with the contract entered into with each contractor under the provisions of this act, and no such contract shall take effect or be valid until it shall be approved and confirmed by the said court, which approval and confirmation shall be endorsed on each -entry made contract by the clerk of the said court, and an entry thereof be made in the proper record book of the county. The county court, if it disapprove for any approve con- reason any contract made or entered into by any road surveyor, may order a re-sale of the sections or road named therein, and said surveyor shall proceed at once to re-sell said road, section or sections, to the lowest responsible bidders, after giving ten days' notice, by posting in three different places near said veyor if road, road to be re-sold. If for any cause on the day fixed etc., not sold for the sale of said road, or section or sections are on day fixed. not let or sold, the surveyor shall proceed as above until said sections are all sold or let. No roads under this law shall be let or sold by private contract, nor shall any contract, etc. purchaser of roads or sections of roads receive any extra pay or compensation: provided, in case of unusual washouts or landslides the county court may allow reasonable compensation therefor. -if court dis tract, what then. -duty of sur -no private -unusual washouts, etc. -levy of road how. The county court at its first levy term, thereafter, tax, when and shall provide for the amount necessary to open, construct and keep in repair the county roads in said precinct, and other expenses pertaining to the same, by levying a tax of one dollar on every male inhabitant over the age of twenty-one, and under the age of fifty years, residing in said district; and the balance necessary to open and keep in repair the roads in said precinct, after having deducted said capitation tax and levy. having added the estimated delinquencies and cost of collection, shall be levied on the property of said precinct taxable for State and county purposes: provided, -limit to that such levy shall not exceed five mills on each dollar of the valuation of such property. A list of per-list of persons liable under said assessment, together with the etc., to whom amount with which each person is chargeable, shall delivered. be delivered to the sheriff of the county, and he shall sons assessed, collect the same in the manner as he collects other district collection. taxes. pro reject bids; surveyor; en- Engineer and the court to the furnish, with sur- -to keep item- what ac what. XVI. The surveyor of roads shall have the right to Surveyor may reject any bids which he may deem too high, and sell what then. such section, or sections, or new roads, at re-sale as vided for in section thirteen of this chapter. XVII. The county court shall furnish the county gineer and each district surveyor of roads with all necessary books, stationery and printed forms, for records and uses of their respective offices. Every veyor of roads and county engineer shall keep an ized account of the time necessarily spent and of the counts; stateexpenses necessarily incurred by him, with the of each item, and render a sworn statement thereof to the county court, and said court shall audit, and if found correct, order the payment of such expenses, or such part thereof as it deems proper, and shall allow a reasonable per diem for such time: provided, that the expenses and per diem of surveyor shall not ex--limit to ceed one hundred and ninety dollars. The allowance expenses. made to surveyors shall be paid out of the road fund ment to date court. of their respective precincts, and the amounts allowed -duty of court. to the county engineer shall be paid out of the road fund -how paid. of the several districts of the county or such of them as they deem right and just. (House Bill No. 11.) CHAPTER 43. AN ACT changing the time for holding the circuit courts of the Ninth Judicial Circuit of this State, and for the purpose of amending and re-enacting section nine, chapter one, of the Acts of one thousand eight hundred and eighty-one, as amended and re-enacted by section nine of chapter three, of the Acts of one thousand eight hundred and eighty-five, as amended and re-enacted by section nine, chapter thirty-seven, of the Acts of one thousand eight hundred and ninety-three, as amended and re-enacted by chapter forty-three, section nine, of the Acts of one thousand eight hundred and ninety-nine. [Passed February 8, 1901. In effect from passage. Approved February 18, 1901.] Be it enacted by the Legislature of West Virginia: Acts amended That section nine, of chapter one, of the acts of one thousand eight hundred and eighty-one, as amended and re-enacted by section nine, of chapter three, of the acts of one thousand eight hundred and eighty-five as amended and re-enacted by section nine, chapter thirty-seven of the acts of one thousand eight hundred and ninety-three, as amended and re-enacted by section nine, of chapter forty-three of the acts of one thousand, eight hundred and ninety-nine be amended and reenacted as follows: Ninth judicial circuit; terms of court in. -Boone county. -Mercer county. McDowell county. -Raleigh county. -Wyoming county. 9. The circuit courts for the several counties of the Ninth Judicial circuit shall hereafter commence and be held as follows: For the county of Boone, on the second Monday in April, the second Monday in July, the second Monday in October. For the county of Mercer, on the second Monday in February, the second Monday in May, the second Monday in August. For the county of McDowell, on the second Monday in March, the second Monday in September, the second Monday in December. For the county of Raleigh, on the fourth Monday in October, the fourth Monday in April, the fourth Monday in July. For the county of Wyoming, on the fourth Monday in March, the fourth Monday in June, the fourth Monday in September. (House Bill No. 86.) CHAPTER 44. AN ACT to amend and re-enact section eleven, of an Act of the Legislature of West Virginia, passed January thirty-first, one thousand eight hundred and eightyone, entitled "An Act fixing the time for holding the Circuit Courts in the several judicial circuits in this State,' as amended and re-enacted by section eleven, chapter twenty-three of the Acts of one thousand eight hundred and eighty-two. [Passed January 31, 1901. In effect from passage. ary 11, 1901.] Approved Febru Be it enacted by the Legislature of West Virginia: 1. That section eleven of an act of the Legislature Acts amended of West Virginia passed January thirty-first, one thousand eight hundred and eighty-one, entitled "An act fixing the time for holding the circuit courts in the several judicial circuits in this State," as amended and re-enacted by section eleven, chapter twenty-three, cial circuit; of the acts of one thousand eight hundred and eighty-Eleventh juditwo, be amended and re-enacted so as to read as terms of follows: court in. 11. The circuit courts of the several counties of the -Upshur eleventh Judicial circuit shall hereafter commence and county. be held as follows: For the county of Upshur, on the first Monday in Lewis March, the first Monday in June and the second Monday county. in October. For the county of Lewis, on the third Monday in March, -Webster the third Monday in June and on Wednesday after the county. third Monday in October. For the county of Webster, on the first day of April, -Nicholas the first day of August and the first Monday in Nov- county. ember. -Braxton For the county of Nicholas, on the Wednesday after the second Monday in April, on the Wednesday after county. the second Monday in August and on the Wednesday after the second Monday in November. For the county of Braxton, on the fourth Monday in Acts repealed. April, the fourth Monday in August and the fourth Monday in November. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Acts amended Times of hold ing court, (House Bill No. 221.) CHAPTER 45. AN ACT to amend and re-enact section thirteen of chapter one of the Acts of one thousand eight hundred and eighty-one, entitled "An Act fixing the time for holding the circuit courts in the several judicial circuits of the State," as amended and re-enacted by section one of chapter one Acts of one thousand eight hundred and eighty-seven. [Passed Feb. 19, 1901. In effect 90 days from passage. Approved Feb. 21, 1901.] Be it enacted by the Legislature of West Virginia: 1. That section thirteen, of chapter one, of the acts of one thousand eight hundred and eighty-one as amended and re-enacted by section one, of chapter one, of the acts of one thousand eight hundred and eighty-seven, be amended and re-enacted so as to read as follows: 13. The circuit courts for the several counties of the 13th judicial thirteenth judicial circuit shall hereafter commence and be held as follows: circuit. -county of Morgan. -county of Jefferson. -county of Berkeley. For the county of Morgan, on the first Tuesday in January, the first Tuesday in April, and the first Tuesday in October. For the county of Jefferson, on the second Tuesday in February, on the third Tuesday in May, and on the third Tuesday in November. For the county of Berkeley, on the second Tuesday in January, on the second Tuesday in April, and on the second Tuesday in September. (House Bill No. 276.) CHAPTER 46. AN ACT to amend and re-enact section ten of chapter one of the Acts of one thousand eight hundred and eighty-one, as amended and re-enacted by chapter twenty-six of the Acts of one thousand eight hundred and eighty-one, and as amended and re-enacted by chapter thirty-five of the Acts of one thousand eight hundred and eighty-two, and as amended and |