Chap. 279.—An ACT to amend and re-enact an act of the general assembly ap-
proved March 4, 1894, entitled an act to provide for the working and keeping
in order the public roads in the counties of Greene and Madison, as amended
by acts approved May 14, 1903, so far as the same applies to Madison county,
so as to provide for the opening, constructing, maintaining and keeping in
order the roads, causeways and bridges of Madison county and creating the
office of superintendent of roads and prescribing his duties and compensation;
and to repeal any act in conflict herewith.

Approved March 13, 1908.

1. Be it enacted by the general assembly of Virginia, That an act
approved March fourth, eighteen hundred and ninety-four, entitled “an
act to provide for the working and keeping in order the public roads in
the counties of Greene and Madison” as amended by acts approved
May fourteenth, nineteen hundred and three, so far as the same applies
to the county of Madison be amended and re-enacted so as to read as
follows:

81. The board of supervisors of Madison county, except so far as the
same are inconsistent herewith shall possess the jurisdiction and powers
over the opening, building, maintaining and repairing the roads, cause-
ways and bridges of Madison county which are, or may hereafter be,
vested in the several boards of supervisors of the State by the general
road laws thereof. And except so far as the same may be in conflict
herewith the general road laws of the State shall be deemed amendatory
hereof.

§2. The board of supervisors shall provide a suitable book, to be
known as road record, wherein the clerk of the county shall record all
plats of existing roads in the county together with such matter taken
bodily from the report of commissioners as adopted as shall be descrip-
tive thereof and the order of the court or board, as the case may be,
confirming same. In which said book the clerk shall likewise record all
changes made or that may hereafter be made in any existing roads and
all new roads hereafter opened. Each of said roads shall be suitably
indexed, and where changes have been, or may hereafter be made in any
roads, there shall be made at the time of recording such change, as well
as a general index, a marginal index upon both the original and the
change, giving a cross-reference to each.
§3. For recording the available records of all roads existing at the
time this act becomes operative the clerk shall receive a reasonable com-
pensation out of the general road fund, to be determined by and paid
upon the warrant of the board of supervisors. And for entry of all
matter proper to be recorded therein occurring after this act becomes
operative, the clerk shall receive such compensation as may be allowed
by law for recording deeds and plats upon the deed books, the same to
be payable out of the general road fund: provided, however, that when-
ever, on account of difficulty in locating the lines of any roads or the
loss of any records thereof, the board of supervisors shall deem it ex-
pedient to have a survey to define the same as hereinafter provided
they may direct such new survey and report to be recorded in lieu of
the original.

§4. Whenever in the opinion of the board of supervisors it appears
expedient to have a survey of an existing road to determine its location
and lines, or to provide a record thereof where the original records may
be lost or destroyed, they may appoint for the purpose not less than
three nor more than five freeholders, any three of whom may act, to-
gether with the superintendent of roads and county surveyor, who shall
be ex-officio members of the commission, whose duty shall be to view the
road in question, determine its true location and make a written report
thereon, together with a survey and the names of all parties whose estate
may be affected by a determination of the lines of the road, to the board
of supervisors. ,

§5. In determining the location of any such road the said commis-
sioners shall be governed by the records and previous surveys thereof
which have been adopted. But in event of such records or surveys being
lost or destroyed the center of the then general location of the way of
travel as worked by road officers shall be prima facie evidence of the
center of its true location, and the center of the general location of the
way which has been so worked and used for the period of twenty years
shall be conclusively presumed to be the center of the way; and in all
such cases in absence of satisfactory evidence to the contrary the width
of the way shall be presumed to be thirty feet.

§6. Upon the incoming of such report of commissioners the board of
supervisors shall proceed in like manner as upon the incoming of the
report of viewers appointed to report upon the establishment of new or
making changes in or altering existing roads; provided, however, that
said board shall allow no compensation as damages unless they shall find
that the way as located departs from the true location thereof and they
deem it advisable to so maintain it. And, provided further, that it shall
not be necessary to give notice to any land owners, upon incoming of
a report of commissioners or a report of viewers, who shall have en-
dorsed upon any such report, in writing, a waiver of notice of further
proceedings thereon, where the report so endorsed shall be adopted in
all respects so far as the same may affect their estate, their determina-
tion in such cases being as valid and binding on such as same would
have been had they been regularly served with notice or been present
and consenting to the final determination. Whenever commissioners,
appointed to locate an existing road or supply a record thereon as here-
inbefore provided, or viewers, appointed to open new or change or alter
existing roads, shall make a survey thereof they, in absence of convenient
and suitable natural monuments, shall indicate upon the surface of the
ground at convenient intervals by temporary expedients, to be designated
in their written report, points to be permanently marked to facilitate
the future ascertainment of the line of the way. At which points or
such of them as they may deem proper the board of supervisors shall
require to be placed permanent monuments of stone of such character,
size and position as they may deem proper, the same to be specified in
their order adopting such report or establishing such road.

The compensation of persons acting as commissioners as hereinbefore
provided and persons acting as viewers shall be such as shall be allowed
viewers for same and similar services under the general road law except
that the superintendent of roads shall receive no fee for his service re-
quired in this respect.

§7. Within sixty days after this act becomes operative the board of
supervisors shall, by order entered of record, divide all of the roads of
the county into three classes, to be known as first, second and third
class. The first class roads shall consist of the main thoroughfares of
the county—such roads as are subject to more or less constant general
use. The second class roads shall consist of those roads which are
tributary to the first class roads and such as exist for benefit of com-
munities or as conecting links. The third class roads shall consist of
such roads as exist chiefly for the benefit of one or more individuals or
their estates. The said classification shall describe the first class by
sections, each section to be numbered and have indicated its termini,
width and mileage in each magisterial district. In the classification
the second class roads shall be divided into districts of convenient size
to be worked under the supervision of an overseer, each district to be
numbered and known as road district number (as the case may
be). Each road district shall be wholly within a magisterial district
(except where road forms boundary line of magisterial district, in which
case the board shall place such parts or sections of such roads in the
respective districts as may appear to equally divide between magisterial
districts the burden of its maintenance) and describe further by giving
the width, termini and mileage of each road or part of road embraced
therein. The third class roads shall be severally described by giving
width, termini and the names of persons or whose estates are benefited
by each.

In a suitable book to be provided by the board of supervisors for the
purpose, to be known as superintendent’s road book, the clerk of the
county shall, as soon as practicable after the entry of said order of
classification, copy and certify such classification, taking care that the
classes shall be so entered therein as to provide for future amendments
and additions, which book shall be delivered into the possession of the
superintendent of roads.

§8. On or before the regular meeting in March of each year the board
of supervisors shall by order make such changes, revisions or additions
in and to such classification as they may deem expedient, whereupon the
said clerk shall make appropriate entry in the said superintendent’s
road book, so as to make the same conform to such revision, changes or
additions.

For copying in the superintendent’s road book the original classifica-
tion as hereinbefore provided, the said clerk shall receive a reasonable
compensation, to be allowed by and paid upon the warrant of the board
out of the general road fund.

§9. On or before the regular meeting in March of each year, the board
shall set aside a definite per centum of the county levy, which shall be
known as the general road fund. And out of the amount so fixed they
shall, after providing for the salary of the superintendent of roads, a
specific amount to meet unforseen, contingencies, to be called an emer-
gency fund, a specific amount to be expended during the current year for
such building and repairing of bridges as may be determined upon, a
specific amount to be used in the purchase of such machinery, imple-
ments, tools and teams as they may deem expedient to purchase during
the current year, apportion the residue thereof among the several mag-
isterial districts, according to their shares in the payment of the general
county fund, to be used upon the first-class roads. At the same time the
said board shall, out of the proceeds of the levy in each magisterial dis-
trict, set apart a specific amount to meet unforeseen contingencies occur-
ring on the second-class roads in such district, and apportion the residue
among the first, second and third class roads of such district. Of the
amount apportioned to the first-class roads the board may prescribe
what amount is to be used upon each section thereof. The amount
allotted to the second-class roads shall be apportioned among the several
districts thereof. Of the amount allotted to the third-class roads the
board shall prescribe how much is to be expended upon each section
thereof.

§10. At the March meeting of each year, or so soon thereafter as is
possible, the board shall appoint an overseer for each of the road dis-
tricts, prescribe the per diem allowance to be paid to the overseers, and
per diem wages of hands under their charge, the price to be allowed for
teams, wagons, implements, et cetera, and the minimum number of
hands that such overseer may work without forfeiting his per diem,
except in performance of emergency tasks requiring less than the mini-
mum number of hands.

At the same time the said board shall make regulations as to the care
and maintenance of the road machinery, tools, implements, teams, and
so forth, when not in actual use upon the roads, and furnish a schedule
of prices to be paid for labor, hire of teams, and so forth, by the super-
intendent of roads, and may make such rules as they may deem proper
as to the character of work to be performed on the first-class roads, and
any specific kind of work they may deem proper for any specific section
thereof. Provided, however, whenever the road superintendent shall
deem the scale of wages or prices, or any regulation as fixed, to be un-
reasonable, he shall have the right of appeal to the circuit court upon
ten days’ notice in writing served upon the clerk of the board.

811. So soon after the appointment of such overseers and making
such rules, regulations and schedule as is practicable, the clerk shall
make appropriate entry in the superintendent’s road book indicating the
year, the amount to each section of first-class road, the amount to each
road district, the overseer of each road district and the scale of wages,
as well as the rules prescribed, and shall certify to the treasurer of the
county the total amount apportioned to the first-class roads in each
magisterial district out of both general and district funds, the same to
be subject to draft of superintendent of roads as hereinafter provided.

§12. On or before the regular meeting in May the board shall, by
order entered upon record, select a general or special mecting day in
August, to be known as “road meeting.”

§13. Annually, shortly previous to the road meeting, it shall be the
duty of each supervisor to personally inspect all of the first-class roads
in his magisterial district with a view of determining the quality of
the service that has been performed thereon, and make a written report
thereof, in which he shall specifically mention each section, to the circuit
court at its first fall term.

At the road meeting in August the said board shall audit the ac-
counts of the superintendent of roads and make a report thereof in
writing, together with the several reports of individual members herein-
before provided for, to the circuit court at its first fall meeting, with.
such suggestions and comment as they may deem proper in the premises.

At the road mecting in August the board of supervisors shall proceed
to settle with the overseers of the several road districts who shall present
their claims therefor: provided, however, the claim of no overseer shall
be allowed except upon presentation of a sworn itemized account, upon
which there is endorsed a written approval by the superintendent of
roads, unless the same has been by him disapproved, in which latter
event the board shall hear testimony both for and against the allowance
of the claim and make such allowance thereon as they may deem proper,
preserving to the plaintiff such right of appeal as may exist by law: but
provided, further, the board shall not hear evidence in favor of any
account not endorsed with such approval, at any meeting other than
such road meeting unless the superintendent of roads shall have had
reasonable notice thereof in writing. Whenever the board of super-
visors shall allow the account of any overseer of roads for services or
work rendered upon the roads of his district subsequent to the fifteenth
day of August, which services or work should have been rendered by him
previous thereto, the warrant for such services or work or claim shall
not be drawn before the road meeting in the next succeeding year.

§14. At the first general State election to be held for the election of
members of the general assembly next after this act becomes operative
there shall be voted for and elected as other county officers are voted for
and elected a superintendent of roads who must be a freeholder and an
engineer or experienced practicable road builder who shall qualify before
the beginning of his term of office before the circuit court of the county
or the clerk thereof in vacation by taking the usual oath of office re-
quired of county officers, and giving a bond in the penalty of five thou-
sand dollars conditioned upon a faithful discharge of the duties en-
joined upon the office.

The term of the office of the superintendent of roads shall begin on
the first day of January next succeeding his election and continue for
the period of four years and until the qualification of his successor. As
compensation for all the services required of the superintendent of roads
he shall receive a salary to be determined upon by the judge of the cir-
cuit court and the board of supervisors, provided the same shall not be
less than four hundred dollars nor more than eight hundred dollars
per annum. Any vacancy occurring in the office of superintendent shall
be filled for the unexpired term by appointment of the circuit court or
judge thereof in vacation, such appointee to qualify and give bond in
all respects as though elected.

§15. The superintendent shall have the power to appoint one deputy
in each magisterial district who shall receive a certain amount, per diem,
to be fixed by the board of supervisors, when actually engaged in the
duties of his office, not to exceed in any year the sum of fifty dollars. ,

The superintendent of roads shall act as purchasing agent of the
board of supervisors in the purchase of all machinery, tools, implements,
teams and so forth which may be needed, he shall, subject to the general
authority of the board of supervisors, have exclusive charge of all ma-
chinery, tools, implements, teams and so forth owned by the county,
when in actual use upon the roads, and when not in use subject to the
rules prescribed by the said board ; he shall superintend in person or by
deputy the working of all first class roads in the county and hire all
labor, teams and assistance needed: therefor and pay for the same in-
cluding services of deputies, upon his official draft upon the county
treasurer, provided, however, he shall not expend in any magisterial dis-
trict a greater amount than is allotted to such district, nor upon any
section of the road a greater amount than is allotted by the board of
supervisors to such section, and provided, that in every case of a draft
drawn there shall be plainly printed or written thereon the name of the
district in which the service was rendered for which the payment is
made and the character of service for which the payment is made.

816. The superintendent of roads shall exercise, either in person or
by deputy, general supervision of the working of all second class roads ;
and in person or by deputy visit and inspect all second class roads just
before the road meeting in August, and make report in writing to the
board at such meeting the quality of the services rendered in each road
district. He shall inspect all claims presented by overseers of roads and
endorse thereon in writing his approval or disapproval.

At the said meeting in August, he shall lay before the board a state-
ment of his expenditures since the last road meeting in August, at which
time the treasurer of the- county, upon request of said board, shall lay
before them all drafts drawn upon him by said superintendent during
the period for which the accounting is had.

Annually, before the meeting in March, the superintendent of roads
in person or by deputy, shall inspect the roads of the county, and report
their condition to the board at its March meeting, at which time the said
superintendent and deputies shall attend and give such information as
to the roads, as may aid the said board in performing the duties re-
quired to be performed at such meeting.

Whenever the superintendent of roads shall be of the opinion, or
complaint is made that any fences or other obstructions are being main-
tained upon the right of way of any public road in the county, it shall
be his duty to ascertain the truth of the matter, and when he shall find
that such is the case, it shall be his duty to clear the road of the same:
provided, however, if the same be a fence, he shall give notice to the
owner thereof or the one in possession of the freehold, to move the same
within a period to be named, not to exceed ninety days, to remove the
same, and in event of default of the person, so notified, moving such
fence, it shall be the duty of the said superintendent either in person or
by deputy, to ‘remove such fence or obstruction and keep an itemized
account of the expense incident thereto, which account he shall deliver
to the attorney for the Commonwealth of the county, whose duty shall
be to recover judgment thereon by motion against the person so in de-
fault in the name of the board of supervisors of the county, and the
amount when so recovered shall be paid into the fund to which the
costs of such removal was incurred. And whenever the superintendent
is unable to ascertain from evidence available whether such fence or
other obstruction is upon the right of way of such road, but believes the
same to be so he shall apply to the board of supervisors for the appoint-
ment of commissioners to locate the lines of the said road as hereinbefore
provided.

817. The superintendent of roads, his deputies and road overseers,
shall be deemed to be officers, and in all respects liable for nonfeasance,
misfeasance, and malfeasance in office, as other officers.

‘ §18. Nothing herein contained shall be construed to prevent the board
of supervisors from letting to contract in writing the improvement of a
permanent nature of any section of road.

§19. So far as the provision herein for the election of road superin-
tendent is concerned, this act shall become operative immediately upon
the adoption by the board of supervisors of a resolution spread upon
their records adopting this act by reference to its title as the road law
of Madison county, and as all other of its provisions, the same shall be
operative and go into effect on the first day of January next after the
first general election to be held for the election of members of the
general assembly.

All acts and parts of acts in conflict herewith are repealed.