Chap. 308.—An ACT upon the subject of county roads, causeways, and bridges,
etc., and providing for the further division of counties into road sub-
districts; for additional road tax therein; for election and appointment of
officers of same, providing for their terms of office, powers, duties, etc., and
duties of the State engineer in connection with the carrying into effect of
this act.

Approved March 17, 1906.

1. Be it enacted by the general assembly of Virginia, as follows:

2. The board of supervisors of each county throughout the State, which
as not a special road law in force therein, may divide their respective
nunties into road subdistricts, by specified boundaries so locating such
boundaries as to place the residence and property of those persons who
chiefly use the public roads of each road subdistrict, and are especially
interested therein, as far as practicable, within such road subdistricts. re-
spectively, and having in view also so dividing all the public roads of
each county as to place upon tax payers of each road subdistrict their fair
proportion of such roads on the basis of the comparative expense of
maintenance of same, so that no less than ten nor more than thirty miles
of public roads shall be contained in any one subdistrict. These areas
shall be called road subdistricts: they shall be numbered with cardinal
numbers, and their boundaries and number may be changed from time to
time at the discretion of the board of supervisors. A full record of such
road subdistricting shall be kept on the journal of the board of super-
visors.

3. After the laving off of the road subdistricts, cach member of the
board of supervisors, respectively, shall, after fifteen days’ notice, posted
at every postoffice in the road subdistricts, respectively, located in the
portion of the county represented by such supervisor, appoint and call in
the month of July or August a meeting of all persons having a right to
vote at all such road subdistrict meetings, respectively, such meetings to
be held at some convenient place in each such road subdistrict, for the
adoption of by-laws; for clection of a chairman, secretary, treasurer, and
one or more road surveyors for such road subdistricts, respectively, and
for such other purposes as may be lawfully acted upon by such meetings.

4. At such meetings, and all subsequent road subdistrict mectings
hereinafter provided for, all male persons qualified to vote for members
of the general assembly of Virginia residing in such road subdistrict shall
be entitled to vote upon all questions concerning such subdistrict road
affairs; and any person entitled to vote at any such meeting may be
chosen thereby as a road surveyor of such road subdistrict.

5. It shall be the duty of said member of the board of supervisors rp-
resenting that portion of the county in which such road subdistrict is
located, to furnish the mecting in question with a copy of this act (the
same to be furnished to him by the secretary of the Commonwealth). and
such act shall either be read to the meeting or the substance thereof ex-
plained by the chairman. This being done the secretary shall make a list
of all persons present entitled to vote. If it be ascertained that less than
one-fourth of the persons of the road subdistrict entitled to vote are
present, the meeting shall be adjourned from time to time until at least
one-fourth in number of such persons are in attendance. Such attend-
ance of one-fourth in number of such persons shall be necessary for the
transaction of businces in this organization meeting and in all subsequent
meetings hereinafter provided for.

6. When it shall be ascertained that the meeting is lawfully constituted
to transact business it shall then proceed to adopt by-laws to define and
provide for the manner of calling future road subdistrict meetings. annual
and special ; what person shall preside over same; the proceedings thereat:
the method of voting: except that all voting at this and at all subsequent
meetings shall be by written ballots; the duties of the chairman, secre
tary, treasurer, and road survevor of such road subdistrict; and for the
government of other matters pertaining to the welfare of the roads and
bridges of the road subdistrict not contrary to law. The by-laws may be
changed or added to at any lawful meeting of the road subdistrict, an-
nual or special.

7. The officers of each road subdistrict shall be a chairman, secretary,
treasurer, and one or more road surveyors, who shall hold their offices for
one year and until their successors are chosen and shall qualify. Before
entering upon their terms of office such officers shall take the oath pre-
scribed by section eight hundred and twelve of the Code of Virginia, and
shall give such bonds in the penalty and with such surety as may be pre-
scribed by the by-laws aforesaid: provided, that the treasurer shall give
bond of the form prescribed by law for county treasurers in the penalty
of double the total amount of the subdistrict road tax tickets that shall
be placed in his hands for the current year, with a solvent surety com-
pany, doing business in this State as surety. The compensation of such
officers. respectively, so far as same is to be paid out of the subdistrict
road funds, shall be provided for by each road subdistrict in annual
meeting.

8. The first election of said officers shall be at said organization meet-
ing and subsequent elections of same shall be at annual road subdistrict
meetings. Vacancies occurring between annual meetings shall be filled
by the remaining officers of such subdistrict until the next annual meet-
ing. Should the said officers or any of them not be elected or appointed
as above provided, the board of supervisors of the county, after thirty
days’ vacancy of such offices, or any of them, shall fill same by appoint-
ment, and appointments thus made shall be valid until the next annual
road subdistrict meeting.

9. It shall be the duty of the secretary of each subdistrict to keep a
record in a book preserved for the purpose, of all proceedings of such
subdistrict meetings, and of all warrants issued by such subdistrict, show-
ing the dates, to whom, for what, and amounts of all such warrants, and
such secretary shall report to the clerk of the board of supervisors, within
ten days after every subdistrict meeting all action taken by such meet-
ings.

10. Special road subdistrict meetings may be called at any time by
the chairman thereof, or, on application in writing of five persons en-
titled to vote at such meetings, as above provided, such chairman shall
call such meeting.

11. The annual road subdistrict meetings, subsequent to the organiza-
tion meetings, shall be held during the month of July or August of each
and every year, and other special meetings at such times as they may be
called, as above provided. Annual and special meetings may be held at
any place for which they are called within the road subdistrict, and may
be adjourned from time to time to any place within such subdistrict, and
at all such meetings a majority vote of those entitled to vote as above
provided, shall be decisive of all questions voted upon thereat.

12. If the chairman of the road subdistrict unreasonably refuse to call
a road subdistrict meeting, a justice of the peace of the district in which
such subdistrict is located, upon application of five or more persons of
such subdistrict entitled to vote at the meetings thereof as above pro-
vided, may call such meeting, annual or special, by a warrant, under his
hand, directed to any constable of the district, if any, otherwise to any
person applying therefor, directing same to summon the persons entitled
to vote at such meeting as above provided, to assemble at the time and
place and for the purpose expressed in the warrant.

13. The State engineer, or any agent of his, the member of the board
of supervisors representing the district in which such meetings are held,
and the superintendent of roads of the county or his deputy having
charge of such district, shall be entitled to be present at any of said
meetings and take part in the discussion of any and all questions and to
give advice and instruction, but shall not be entitled to vote thereat by
virtue of this section.

14. Said organization meetings and said annual meetings thereafter,
respectively, may by a majority vote (which shall also include a majority
of the freeholders of such subdistrict), make, grant, and vote in favor of
a special levy for the ensuing year as a subdistrict road tax, of such an
amount as they may deem necessary, not exceeding fifty cents on the one
hundred dollars of taxable values in such subdistrict, upon which the
levy thereof shall be made as hereinafter provided, in addition to the other
road taxation otherwise provided for by law, for the further maintenance
of the roads and bridges of such subdistrict, including the compensation
of the officers of such subdistrict, if any, and all other necessary charges
affecting such roads and bridges, not otherwise borne and paid for by the
other road funds and road authorities provided for by law; and the result
of such vote, showing the total number of freeholders in such sub-
district, the number of freeholders voting for, the total number of
all votes for and against such levy, and the amount voted for.
shall be certified by the chairman and secretary of the meeting to the
clerk of the board of supervisors of the county, who shall record same in
a book to be kept in his office for the purpose. Thereupon, if the result
of such vote be a majority in favor of such levy, and such majority shall
include also a majority of the freeholders of such subdistrict, the secre-
tary of said road subdistrict shall, in a book kept for the purpose, appor-
tion and extend such levy against the owners of all property. real and
personal, within such road subdistrict, and other subjects of taxation
which should be taxed therein, as herein provided, which may be as-
sessed against such owners and subjects of taxation upon the land and
property books of the county for the current year, and at the valuation
fixed by such books. Thereafter such secretary shall make off from such
books, kept by him as aforesaid, tax tickets against the proper persons for
such subdistrict road tax levy, and place them in the hands of the treas-
urer of such road subdistrict on or before November first of the current
year; and such treasurer shall proceed to collect the same; and. on all
such tickets not paid by December first of the current year there shall be
five per centum of the amount thereof added thereto. Such road sub-
district treasurers for the collection of such subdistrict road tax, shall
have all the powers of distress and levy that may be given by law to
county treasurers for the collection of other taxes; and each such tax
ticket which may not be paid in any year, shall be attached to the tax
ticket rendered against the same person for the succeeding year or years,
until paid; no statute of limitations shall apply to the same, and the sub-
district treasurer shall have the same powers from year to year with
respect to the collection of all such uncollected tax tickets as he may have.
with respect to tax tickets for the current year; and such respective sub-
district road funds shall be paid out by the subdistrict treasurer thereof
upon warrants signed by the chairman and countersigned by the secre-
tary of such subdistrict board of the form hereinafter prescribed; and
reports shall be made by such treasurer, annually, to the subdistrict an-
nual meeting, and settlement shall be made by such treasurer, annually,
preceding such annual meeting, with the road subdistrict board, with
respect to such road subdistrict funds, and the result of such settlement
shall be promptly certified to the clerk of the board of supervisors of the
county, who shall record same in a book to be kept in his office for the
purpose. Every road subdistrict treasurer on going out of office shall
deliver to his successor all uncollected tax tickets, books, and papers be-
longing to his office, and all money belonging to his road subdistrict fund ;
and such successor shall have the same powers with respect to the collec-
tion of all such uncollected tax tickets as he may have with respect to tax
tickets for the current year. For every branch of any condition of the
bond of every road subdistrict treasurer, action shall be brought at the
relation of his successor, and such successor shall institute same promptly
on coming into such office, for the benefit of the road subdistrict, before a
justice of the peace, if for a sum not exceeding one hundred dollars, and
if for a sum exceeding that amount, then in the circuit court of the
county, or the same may be recovered by motion in said court, after five
days’ notice. Upon any judgment rendered in such suit or motion a writ
of fieri facias may issue, which shall conform in all respects to writs of
fieri facias issued under chapter thirty of the Code of Virginia, one thou-
sand nine hundred and four, and be proceeded with in the same manner.
15. The road surveyor, or surveyors, of each road subdistrict shall keep
the public roads in his subdistrict well trimmed, clear of shade, clear of
loose rock, overhanging trees, from gates unlawfully kept up, from all
other unlawful obstructions and secure from falling or dead timber;
shall keep open proper drains and turn the water from the road as much
as practicable; and shall do such other work upon the public roads and
bridges in his subdistrict as he shall be directed to do by the board of
supervisors of his county, and the subdistrict road meetings, annual or
special, of his subdistrict, and in accordance with the plans and specifica-
tions, if any, which may have been made for the working and keeping in
repair the roads and bridges of such subdistrict, by the State engineer, and
the board of supervisors of the county or other authorities, as may be pro-
vided by law, either under contract or by force account, as may be deter-
mined by such meetings, with respect to work to be paid for by the road
subdistrict and as may be determined by the board of supervisors with
respect to work to be paid for by the county and district road fund; the
work directed to be done by the board of supervisors to be paid for by the
county and district road fund, and the work directed to be done by the
road subdistrict meeting to be paid for by the road fund of the latter:
and, to the end of making and keeping all of such roads, which are of
clay or soil other than sand, higher in the centre than on each side and
smooth, such road surveyor shall either by contract or by force account,
as may be determined by the board of supervisors, to be paid for by the
county and district road fund, drag all of the roads assigned to him.
which are of clay or soil other than sand, immediately after a thaw and
heavy rains, not less than an average of once per month, with a two-
horse team and a drag, or rut scraper, to be made and operated in ac-
cordance with plans and specifications which will be furnished him on
application (which he shall make) to the State engineer.

16. The chairman and secretary of each road subdistrict and the road
surveyor thereof shall have the following duties and powers, respectively :

la. The chairman shall call annual and special road district meetings
of his road district as provided by the by-laws thereof and by law.

2a. The chairman and secretary shall cxamine all claims against their
road subdistrict, and when approved pay the same by warrants drawn on
the subdistrict treasurer; signed by the chairman and countersigned by
the secretary, payable to the person entitled to recover such money and
stating on its face the purpose or service for which it is paid. And they.
and the surveyors of roads, or either of them, requested so to do, shall
report any matter required by the State engineer and the board of super-
visors of their county, and perform such other duties as may be pre-
scribed by their road subdistrict meetings, the board of supervisors of
their county, and which may be imposed by law.

17. This act is intended as supplementary to the existing general road
laws, and such other general road laws as may be hereafter enacted, and
shall be interpreted so as to operate in harmony therewith, and it shall he
the duty of the State engineer to make such rules and regulations, not in-
consistent with this act, as may be necessary to carry into effect the pro-
visions thereof.

18. It shall be the duty of the State engineer to cause to be made
plans and specifications of inexpensive drags or rut scrapers to consist
of the two parts of a split log of timber, suitably fastened together so as
to be parallel to each other a suitable distance apart; or of oak plank
four inches thick and ten inches wide, faced with a cutting edge of steel
or iron and bevelled at the back with a heavy stick of timber fastened to
back of such plank by means of chains about thirty inches in length; or
two pieces of railroad iron fastened by iron rods; or of other suitable ma-
terial and construction, and with specifications as to operation of same
so that the drag, or rut scraper, will not be drawn over the roads at right
angles thereto, but at an angle of thirty to forty-five degrees, and such
State engineer shall have printed a sufficient number of such plans and
specifications and furnish each road surveyor elected or appointed under
this act with a copy thereof.

19. Any member of any board of supervisors, treasurer, clerk, State en-
gineer, road surveyor, chairman, treasurer, or clerk of any road sub-
district failing or refusing to comply with any provision of this act, shall
upon conviction be deemed guilty of a misdemeanor, and be punished by
a fine not exceeding one thousand dollars.