Chap. 250.—An ACT to amend and re-enact an act to provide for making,
building and keeping in repair the public roads and bridges in Grayson county,
approved March 6, 1900, and as further amended by an act approved March
14, 1904.

Approved March 13, 1908.

1. Be it enacted by the general assembly of Virginia, That an act
entitled an act to provide for making, building and keeping in repair
the public roads and bridges in Grayson county, approved March sixth,
nineteen hundred, and as further amended by an act approved March
fourteenth, nineteen hundred and four, be amended and re-enacted so
as to read as follows:

§1. The board of supervisors of Grayson county shall have original
jurisdiction to open, establish, alter, change, discontinue and build all
roads and bridges in the county of Grayson.

§2. Every petition to open, establish, alter or change any public road
must first be presented to the supervisor of the district in which the
road is, or is proposed to be located, who shall endorse thereon his
approval or disapproval of the same and his reasons therefor, which
petition and the report of the supervisor of that district shall be laid
before the board of supervisors at its next meeting, and the board shall
have authority, in its discretion, to appoint five discreet freeholders of
the county, any three of whom may act, to view and examine. such
roads or routes and report upon the expediency of changing or altering
the location of any road or of opening or establishing any new road ;
the said viewers shall submit estimates of the cost of changing or alter-
-ing such road or of opening or establishing such new road, including
the building of any bridge, or bridges that may be necessary and they
may recommend a new or different route or a modification of the route
or change proposed and submit estimates thereof.

§3. At least five days’ notice of the time and place when and where
the said viewers will meet and the purpose of such meeting shall be
given, by one of the viewers, by posting notices at three or more public
places in the vicinity of the proposed new road, or of the road which it
is proposed to change or alter. The viewers, before they proceed to
discharge their duties, shall be severally sworn to perform their duties
impartially and to the best of their indgment.

The supervisor of the district in which the road is proposed to be
established, or the road altered or changed, shall have authority to ad-
minister said oath to said viewers, or the oath may be administered to
said viewers by any one having authority to administer an oath. If the
viewers decide that the public convenience requires the establishment
of such new road, or the alteration or change of such old road, they
shall lay out the same, having respect for the shortest distance and best
location, and 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 the said viewers shall make
report in writing to its next meeting, giving the names of the proprie-
tors and tenants of the lands on which it is proposed to establish, or
alter such road, which of the proprietors and tenants require compensa-
tion, and what will be a just compensation to each of the proprietors
and tenants claiming compensation.

In all cases where further notice and the service of process or sum-
mons have been waived in writing, by each of the said proprietors and
tenants, or in person, or by attorney before the board, the board, in its
discretion, may at the same meeting to which said report is returned,
determine the question of establishing or altering such road, and, in
its discretion, hear testimony and fix upon a just compensation to the
proprietors and tenants for the land proposed to be taken and the
damage accruing therefrom. But in the event that further notice and
service of process or summons have not been waived as herein provided,
unless the opinion of the board be against establishing or altering such
road, the board shall require its clerk to issue process to summons the
proprietors and tenants of the lands on which it is proposed to estab-
lish or alter such road to the next meeting of the board, to show cause
against establishing or altering such road, if any they can, but such
process shall not be necessary, nor shall process issue as to any proprie-
tors or tenants who have in the manner hereinbefore provided waived
or acknowledged service of such process. ,

Upon return of said process, duly executed as to all of the said pro-
prietors and tenants who have not waived or acknowledged service of
the ‘same, defense may be made to the said proceeding by any party,
and the board of supervisors may, in its discretion, hear testimony
touching the expediency of establishing or altering the road, and the
supervisors may, in their discretion, limit the number of witnesses they
will hear for and against establishing the road, or making the pro-
posed changes. Upon such hearing, unless the board be of opinion that
the road ought not to be established or altered, in which case it shall so
order, it shall proceed to fix upon a just compensation to the proprietors
and tenants for the land proposed to be taken and the damage accruing
therefrom. But if any teuant or proprietor desire it, or the board see
cause for so doing, it may, in its discretion, appoint five disinterested
freeholders of the county as commissioners (any three of whom may act)
for the purpose of ascertaining a just compensation for the land to be
used for such road, after which the same proceedings shall be had, as
provided for the commissioners for a like purpose under the general
road law of the State. Should the board of supervisors be of the opinion
that the road should not be opened or change made, then all cost inci-
dent to the application for such new road or changes shall be paid by
the applicant. No money to be paid for damage in condemnation pro-
ceedings till road is accepted and completed. And the commissioners
appointed as hereinbefore provided by this section shall each receive as
compensation for their services one dollar per day.

§4. The board of supervisors of Grayson county shall have general
supervision, control, and charge of working and keeping in repair the
roads and opening and making all new roads, and repairing the bridges
of said county, and the work done and repairs made on all old roads
to be done in the spring and summer months of each year so far as
practicable. And for this purpose may purchase such tools, implements
and machinery as, in its discretion, it may deem proper and necessary.

It shall have authority to direct a surveyor of said county to define
the boundary of any road therein, and to alter the grade of any existing
road, and to perform such other service as in the opinion of the board
may be necessary to carry out the provisions of this act, for which
service the said surveyor shall receive reasonable compensation from
the said board not exceeding, however, two dollars per day, payable out
of the road fund.

Each supervisor of the several magisterial districts of the said county
shall give personal supervision to and shall have immediate charge and
control of the roads and bridges in their respective districts. It shall
be the duty of such supervisor in so far.as practicable and the road
fund will admit to see that the roads in his district are kept cleared,
smoothed of rocks and other obstructions, of necessary width, and the
beds of the roads are raised in the middle and sloped gradually each
way to the sides, well drained, and secure from the falling of dead
timber thereon, and otherwise in good order; that a suitable sign board
is placed and kept at every important fork or crossing, on which shall
be stated in plain letters the most noted place to which each road leads;
and that suitable bridges be constructed and maintained in a safe, sub-
stantial condition over such streams and ravines as may need them, and
that across any stream or ravine where it may be necessary or practicable
a sufficient bridge, bench or log shall be made for the accommodation
of foot passengers, which shall always be kept in safe condition, and,
where the bed of said roads are encroached upon, such supervisor shall
notify the person trespassing by written notice to remove the obstruc-
tion, and if the same be not done in ten days, he shall cause said ob-
struction to be removed and may recover the expense with ‘cost from
said trespasser before any justice of the peace of said county.

§5. The supervisor of each magisterial district of the said county, in
the discharge of his duties, is hereby authorized and empowered to let
the working, improvement and repairs of any road or roads, or the
building or repair of any bridge or bridges in his district, to contract,
may lay off the roads of his district into sections, and appoint or em-
ploy road overseers for such sections, may employ or hire laborers, hands,
teams, implements and machinery, "tor the purpose of working and re-
pairing the roads and building and repairing the bridges in his dis-
trict, and appoint or employ foremen, who shall have charge of the
same, and may adopt such other methods, rules, specifications and regu-
lations as he may deem necessary, proper or expedient for working and
repairing the roads and building and repairing the bridges in his dis-
trict, except such supervisor shall not purchase for the county or for
his district any machinery without first having obtained the consent
of the board of supervisors. When work is paid for by the day, not less
than ten hours shall constitute a day’s work, and for each day’s work
the sum of not more than one dollar shall be paid for each able-bodied
adult laborer, and when less than a day’s work is performed, at the
rate of ten cents per hour shall be paid. The supervisor shall allow for
team and wagon or team and plow two dollars and fifty cents per day.
The supervisor shall pay to each foreman or road overseer one dollar
per day.

§6. Each overseer or foreman, appointed or employed under the pro-
visions of this act, shall make out an itemized account of all work done
by him, or under his charge or direction, showing the teams, tools, im-
plements and machinery used, and the number and names of the labor-
ers employed, the dates on which the work was done, the number of
hours employed each day, and the amount charged by each laborer for
each day or part of a day, shall make oath to the correctness thereof,
before the supervisor of the district in which the work was done, who
is authorized to administer oath for this particular purpose, or before
any officer authorized by law to administer oaths, and present the same
to the supervisor of said district. It shall be the duty of the supervisor
to whom such account is presented to inspect and examine the roads
and bridges for the working, repairing or building of which the ac-
count is presented, and should he be satisfied as to the correctness and
reasonableness of such report or account, he shall issue a warrant on
the treasurer of Grayson county for the amount due each man as shown
by said report, payable to the order of said person or persons when at
any time there are sufficient funds in the hands of the treasurer to the
credit of the magisterial district road fund in which said work is done.

§7. When any blasting is necessary on any public road, the supervisor
of the district in which the road is located shall employ a competent
person to do the same, and shall furnish him with such tools and ma-
terial as may be necessary to complete such work. The person so em-
ployed and his assistants shall be paid one dollar and twenty-five cents
per day, when such work is completed and an itemized account thereof
made out. It shall be paid out of the road fund of the magisterial dis-
trict in which the road is located. If there is not a sufficient amount
of money to the credit of the road fund of said district, the same shall
be paid out of any money of the county not otherwise appropriated.

§8. No new road shall be ordered opened by the board of supervisors
unless it shall first be made to appear that there is sufficient surplus
in the treasury to the credit of the road fund, or of money in the treas-
ury, not otherwise appropriated, sufficient to pay for the same.

§9. The board of supervisors of said county shall annually levy a
tax not less than twenty cents, and not exceeding forty cents, on the
one hundred dollars, on all the taxable values of said county upon
which State taxes are levied, for the purpose of this act, and the fund
arising from said tax shall be set apart for that purpose and no other,
and shall be collected as other county taxes are collected, except as
hereinafter provided, and the fund of each magisterial district shall be
kept separate by the county treasurer, and shall be appropriated and
paid out as herein provided by this act. It shall be the duty of the
overseer of roads in each precinct to give to each tax payer residing
therein at least five days, public notice of the time and place when such
taxpayer shall have the privilege of working out the road tax assessed
upon his property, in person or by a satisfactory substitute and in such
manner and with such tools as the overseer may direct, said notice to be
posted at the most convenient public place to said taxpayer, for which
service there shall be no compensation, unless allowed by said board of
supervisors; but no taxpayer shall have but one opportunity to work
out said tax in one year, except by special permission of said overseer,
and without extra cost. When a taxpayer shall have worked out his
road tax, in full or in part, either in person or by substitute, or by
furnishing teams and tools as provided in this section, he shall receive
from the overseer a receipt for such work to the following effect:

Received from ............ » taxpayer in ............ magisterial
district, ........ days and ........ hours work by ............
ANG, see ese es days and ........ hours work of team and ..........
aggregating the sum of ........ dollars and ........ cents, this

see e eee day of ........ nimeteen ........
cence eee eens » overseer.

This receipt, when properly filled out and signed by the proper over-
seer, shall be delivered to such taxpayer, and shall be taken up by the
county treasurer in payment or part payment, as the case may be, of
the road tax assessed against such taxpayers, but no such receipt shall
be given or taken up in payment of the road tax assessed against another.

When any taxpayer ‘shall fail or refuse to work out his road tax in
person or by satisfactory substitute, or by furnishing teams and tools
as provided in this section, the county treasurer shall collect the road tax
assessed against such taxpayer and place the same to the credit of the
road fund of the magisterial district wherein such default occurred.

§914. It shall be “the duty of the county treasurer as soon after he
receives the tax books from the commissioners of the revenue, in each
year, to make out a statement for each overseer or foreman of road in
said county, showing the road tax assessed against each taxpayer residing
in the several road precincts and furnish the same to the respective road
overseers or foreman, for which service he shall receive the sum of
twenty-five dollars per year. No taxpayer shall incur the penalty of five
per centum on his road tax for failure to pay the same by the first day
of December in any year unless he has prior thereto had an opportunity
to work out such tax, and failed or refused to do so.

$10. It shall be the duty of each supervisor to go over the roads in
his district at least twice a year, inspect said roads and ascertain whether
or not said roads are properly worked and kept in proper condition ‘and
repair, and whether or not the bridges in his district are in good repair
and in a safe condition, for which service the said supervisor shall receive
the sum of one dollar and fifty cents per day, provided, however, he
shall not be paid for more than twenty-five days in any one year for
services under this act. The clerk of the said board shall receive such
compensation as the board may prescribe, not to exceed the sum of
forty dollars in any one year.
§11. The said supervisor, or any person appointed or employed to
work on the roads or build or repair the bridges, as herein provided.
may take from any convenient Jands so much wood, stone, gravel, or
earth as may be necessary, to be used in constructing, improving, or
repairing such road or any bridge or causeway thereon, and may, for
the purpose of draining said road, cause a ditch to be cut through any
lands adjoining the same; provided, such wood and other articles be
not taken from, and such ditch be not cut through, any yard or garden
without the consent of the owner. For any material taken or ditch cut,
compensation shall be allowed only as provided by the general road law
of the State. ,

§12. Whenever the cost of erecting, building, or repairing any bridge
in the said county amounts to the sum of five dollars or more and all |
damages allowed for opening new roads and costs incident thereto, the
board of supervisors is authorized, in its discretion, to order that the
same be paid out of the county levy.

§13. The board of supervisors, in addition to the road tax herein
provided, shall have the authority to appropriate to the road fund pro-
vided by this act any balance that may remain at the end of any fiscal
year to the credit of the county fund, or levy, or so much of said bal-
ance as said board may deem wise or expedient to appropriate; and in
addition to the road tax herein provided, the said board may, in its
discretion, appropriate to the road fund derived from taxes upon rail-
road, telegraph and telephone companies, or so much thereof as the
board may, in its discretion, determine to appropriate, and the said
board may in its discretion appropriate such sums from the district or
county road funds to be applied on the permanent improvements of
such roads in the county as it may deem expedient to permanently
improve, and the said fund may be used with or without State aid for
such permanent improvements as the board may deem best. No fore-
man or overseer shall work less than six hands and shall not collect
any taxes in, money from any of the taxpayers. No supervisor shall
be interested’ either directly or indirectly in any contract for opening.
repairing or altering any road or bridges or the purchase of any tools
or machinery provided for in this act.

§14. The board of supervisors shall not let to contract any more
work than, in their opinion, the fund for each fiscal year, raised as pro-
vided for by this act, will be sufficient to pav for.

§15. Each member of the board of supervisors for a failure to per-
form any duty required of him under this act shall be deemed guilty
of a misdemeanor, and shall upon conviction therefor, be fined not less
than ten nor more than fifty dollars: said fine shall be applied to the
road fund of the district in which the failure to perform said duty
occurs.

816. The general road law of this State. except in so far as the same
is in conflict with the provisions of this act, shall remain in force in
the county of Grayson.

§17. All acts and parts of acts in conflict with this act are hereby
repealed, so far as applicable to Grayson county.