Chap. 357.—An ACT to provide for making, changing, and working
roads in the county of Rockingham.

Approved March 2, 1888.

1. Be it enacted by the general assembly of Virginia, That
an act to provide for the working of roads in the counties of
Shenandoah, Page, and Rockingham, approved February sev-
enteenth, eighteen hundred and seventy-six, be amended and
re-enacted so as to read as follows, so far as said act relates
to the county of Rockingham.

2. That for each magisterial district in the county of Rock-
ingham, there is hereby created and established a board, con-
sisting of the supervisor, the commissioner of roads, and one
of the justices of the peace for each district, which board
shall have the exclusive control of the roads, bridges, and
ferries within its limits; and all taxes levid for road pur-
poses, and for building and repairing bridges, shall be expen-
ded in each magisterial district.

3. That the justice of the peace, constituting a member of
said board, shall be chosen and designated by the three jus-
tices of the peace elected and commissioned in each magiste-
rial district, and he shall be clerk of said board. The desig-
nation of said justice, who is to serve on said board, shall be
in writing, and shall be preserved and recorded by the board
of commissioners of roads. The commissioner of roads pro-
vided for in this act, shall be elected by the qualified voters
in each magisterial district, at the regular election to be held
for the county of Rockingham, on the fourth Thursday in
May, eighteen hundred and eighty-nine; and he shall hold
his office for the term of two years, or until his successor is
duly qualified.

4. That the board hereby provided for, shall be a body
politic and corporate, and shall be known and designated as
the board ef commissioners of roads for each magisterial dis-
trict of Rockingham county.

5. That the commissioner of roads provided for in this act,
shall reside in the district for which he is elected, and his’
term of office shall begin on the first day of July next suc-
ceeding his election. He shall qualify at the time and in the
manner prescribed by law for the qualification of magisterial
district officers, and shall, at the time of his qualification, or
before he enters upon the discharge of his duties, give bond
with approved personal security, in the sum of two hundred
dollars.
6. That the commissioner of roads shall have charge of all
the roads in his magisterial district. His duty shall be to
see that all the roads in his district are of the proper width,
and in all cases where they are not, notify the persons tres-
passing by written notices, and if the obstructions are not re-
moved after reasonable notice, not to exceed ninety days, he
shall proceed to remove the fencing or other obstructions,
and may recover the expense, with costs, from the trespasser,
upon judgment of a justice of the peace: provided however,
that where there is a road of less width than thirty feet,
now in use, and the commissioner of roads is satisfied that
no inconvenience will result to the public on account of the
width of said road, he may continue the same. He shall ex-
amine the roads in his district, two or more times in each
year, as directed by the road board, to see that the roads and
bridges are kept in good repair, as hereinafter provided for.
His compensation shall be one dollar and fifty cents per day
for each day in which he may be actually employed in the
discharge of his duties, under the provisions of this act, and
to be paid by the county treasurer in the manner hereinafter
prescribed.

7. That every petition to alter or change a public road
must first be presented to the commissioner of roads in the
district in which the road is, who shall endorse thereon his
approval or disapproval of the same, and his reasons there-
for, which petition and commissioner's report shall be laid be-
fore the county court, at its next term in open court; and the
court muy appoint three discreet freeholders to view the
ground of any proposed change; the county or or other com-
petent surveyor, shall accompany the viewers, and if neces-
sary, survey and map the road. The whole number of view-
ers must view, but a majority may decide for or against, and
they may view and make report of, and estimate for any mod-
ification of the route.

8. That the notice of the time and place, when and where
the viewers shall meet, shall be given in some public manner
in the vicinage of the proposed road at least five days before
the time of meeting. The viewers, before they proceed to
discharge their duties, shall be severally sworn by the com-
missioner of roads, or by some other person authorized to
administer oaths, to perform their duties impartially and to
the best of their judgment. It they decide that there is pub-
lic necessity for the change, they shall lay out the same, hav-
ing respect for the shortest distance and best grounds, so as
to do the least injury to pavete property; and also, as far as
practicable, to be agreeable to the petitioners. They shall
assess the damage done to land through which the road
passes, taking into consideration the advantage to be derived
from the road passing through the land, and shall report in
writing to the next term of the county court; but in no case
shall any yard, garden, orchard, or any part thereof, be taken
without the consent of the owner. ,

9. That the court shall examine the amount of damages

assessed, and if satisfied the public interest will be subserved
by its payment, and by making the proposed change, shall
approve the report and order the damages to be paid by the
magisterial district or districts through which the road may
pass, in such proportion as the damages may have been assessed
in the said districts respectively; but upon the return of the
report of the viewers, the proprietors and tenants of lands
upon which said road will be, if so changed, shall be sum-
moned to show cause against said report; and any proprietor
or tenant of lands on which said road will be, if so changed,
may enter himself a party defendant to said petition, after
which the same proceedings shall be had as under the general
road law of the state, upon the return of the report of the
commissioners of roads: provided, that the viewers and sur-
veyor shall be paid out of the county treasury upon the order
of the county court.

10. That in case the changing ofa road shall place it on a
line dividing two magisterial districts, the commissioner of
roads of the adjoining districts shall equitably divide the ex-
pense of said road between such districts, if they,can agree ;
and in case they cannot agree, the county court shall divide
the same, and direct what part of said road shall be opened
and kept in repair by each magisterial district.

11. That the board of commissioners of roads for each
magisterial district, at its annual meeting in July, shall assess
and levy a tax upon the property, real and personal, of the
magisterial district assessed for state revenue, an amount
which shall be sufficient to pay the expense of keeping all
the public roads in its magisterial district in good repair, and
of such width and condition as may be required by law, and
for all other purposes provided for in this act: provided that
the assessment on property shall not be more in any one
year, than fifteen cents on the one hundred dollars—the
assessment to be made upon the same basis as that upon
which state revenues are levied; but upon application of any
district board to the board of supervisors. of the county of
Rockingham, said board of supervisors may at their discre-
tion authorize the district boards to increase said assessment
to twenty cents on the one hundred dollars.

12. That the board of commissioners of roads in each
ini ap district, shall annually make an estimate of the
probable amount necessary to pay the expense of changing
and keeping in repair the roads, bridges, and paying allow-
ances to officers provided for in this act, and any other
expenses they may deem likely to arise under the provisions
of this act, and shall, before the first day of August in each
year, furnish to the county treasurer a statement of the tax
assessed against each person in their district, as will aggre-
gate a sum sufficient to meet such expenses, and which tax
said treasurer shall be required to collect as other revenues
are collected, and for which he shall receive a like compensa-
tion. The funds coming into the hands of the county treas-
urer, under the provisions of this act, shall be kept separate
and shall be held by him subject to the order of the board of
commissioners of roads, to be by them applied in such
manner as they deem the best interest of the roads demand ;
all funds collected in any one district, shall be expended in
that district. ; .

13. That no person in Rockingham shall be required to
work on public roads, bridges, or ferries in said county with-
out compensation.

14. That-it shall be lawful for the board hereby consti-
tuted on the first day of July, eighteen hundred and eighty-
nine, to take charge of and have worked and kept in good
repair, all public roads, bridges, and ferries heretofore or
hereafter established within their respective districts as
herein provided; that the said boards shall let to contract to
the lowest suitable bidder the work of keeping in repair the
roads, bridges, and ferries in their respective districts; said
roads to be kept clear of falling timber, loose rocks, to be
raised in the centre and sloping to each side to ditches of
sufficient width and depth to carry off all surplus water.
The roads in each district shall be let to contract on or be-
fore the first day ot September, eighteen hundred and eighty-
nine, for two years, by bids in writing, signed by the con-
tractors, naming satisfactory security, and shall be delivered
under seal to the board of each district, which shall be ap-
proved or rejected by said board respectively.

15. That each commissioner of roads shall be required to
divide all public roads in his district into sections of from one
to four miles; and shall give ten days’ notice in writing,
posted at three or more public places previous to letting said
roads to contract, and shall state in said notice that he will
on a certain day meet all persons desiring to bid, at as many
as three suitable places in each district, remaining one day
at each place. The district board to open the sealed bids on
or, before the first day of September, eighteen hundred and
eighty-nine, as provided in the preceding section. The con-
tractor shall be required to give bond and approved security
in a penalty of double the amount of his bid for the faithful
pa of his contract, to be executed to the district

oard, and the recovery may be had for any breach of said
contract in the name of the district board for the benefit of the
road fund, in the county court, by motion after ten days’
notice to the contractor and his securities. The attorney for
the commonwealth shall institute and prosecute such motion;
said contract and bonds shall be filed with the clerk of the
county court.

16. That the said road board shall reserve the right to
revoke the contract made with any person who fails to com-
ply with the requirements of said contract. Said board shall.
not meet more than four times in any one year, and shall re-
ceive one dollar and fifty cents for their services for each
day actually employed in accordance with the provisions of
this act, and shall be paid by a warrant on the county treas.
urer issued by said board as hereinafter provided. ©

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17. That the supervisors of each district shall be ex-of
chairman of the board of commissioners of roads of his
trict. All warrants on the county treasurer to pay all ex
ses of each district shall be signed by the clerk of said bx
and countersigned by the chairman of each board.

18. That each contractor shall be paid one-fourth pai
his bid, if his work has been approved by the board, at
end of six months from the first day of September, eigh
hundred and eighty-nine, and every six months thereafte
earlier, if the board so orders. And no member of said :
board shall be interested directly or indirectly in any
tract made under this act. Any violation of this provi:
shall be a misdemeanor and shall be punished as such.

19. That if any section or sections of roads are not
tracted for as hereinbefore provided, the road board shal
quire the commissioner of roads after the first day of Sep
ber, eighteen hundred and eighty-nine, or at any other |
to have said sections of roads worked to the best advant:
the same provision shall apply to revoked contracts.

20. That the general road law of this state, except sc
as the same is in conflict with this act, shall be in force in
county of Rockingham.

21. That all act and parts of acts inconsistent with
act are hereby repealed.

22. This act shall go into effect on the day after its a
tion by the board of supervisors of Rockingham county.