Chap. 280.—An ACT to amend and re-enact an act entitled an act to amend
and re-enact sections 1, 2, 3, 11, 12, 13 and 14 of the act approved March 12,
1904, relating to the establishment, proper construction and permanent im-
provement of the public roads and landings, for’ building and keeping in good
order and repair all roads, bridges, causeways and wharves and so forth, ap-
proved March 17, 1906.

Approved March 13, 1908.

1. Be it enacted by the general assembly of Virginia, That an act
entitled “an act to amend and re-enact sections one, two, three, eleven,
twelve, thirteen and fourteen of the act approved March twelfth, nine-
teen hundred and four, relating to the establishment, proper construc-
tion and permanent improvement of the public roads and landings, for
building and keeping in good order and repair all roads, bridges, cause-
ways and wharves and so forth,” approved March seventeenth, nineteen
hundred and six, be amended and re-enacted so as to read as follows:

§944a. Establishment, proper construction, and permanent improve-
ment of public roads and landings; for building and keeping in good
order and repair all public roads, bridges, causeways and wharves; for
control of county roads, and so forth, by a State highway commissioner,
board of supervisors, county superintendent of roads, road subdistrict
boards and road subdistrict surveyors, and so forth.

First. Except in the counties where some special road law is in force,
the boards of supervisors, county superintendents of roads, road sub-
district boards, road subdistrict surveyors of their respective counties,
and the State highway commissioner shall have the control, supervision,
management, and jurisdiction, as is or may be hereafter provided by
law, over all of the county roads, causeways, bridges, landings, and
wharves constructed or repaired in this State; provided, that such juris-
diction for the purpose of establishing, altering, and maintaining roads
and bridges, shall not extend over the territory embraced within the
boundaries of any incorporated town which cares for its own streets
and bridges.

Second. View of roads, bridges, and routes for new roads; by whom
made; width and grade of roads; employment of surveyor.—Whenever
the county superintendent of roads, or the board of supervisors, shall be
of opinion that it is necessary to establish or alter the location of a
public road, landing, or bridge, or where any person applies to said
board therefor, it may appoint five viewers, who shall be resident free-
holders of the county, any three of whom may act, or it may direct the
county or district superintendent of roads to examine such roads or
routes, and report upon the expediency of altering the location of any
road, or of establishing any new road, or building or repairing any
bridge, or to lay off any new road such width and at such grade as it
may prescribe: provided, that the right of way for any public road shall
be thirty feet wide. and the grade of no road hereafter located shall
exceed four degrees at any one point, unless the board of supervisors
order a different width or different grade. If no one of the viewers be
a surveyor, the said board of supervisors may employ one, if necessary,
to assist said viewers.

Third. Duty of viewers; report; deed from landowners and action of
board thereon.—The said viewers shall, as early as practicable after re-
ceiving the order of said board to that effect, proceed to make the view,
and he may examine other routes and locations than that proposed, and
if he is of opinion that there is a necessity to establish or alter the loca-
tion of the public road, landing or bridge, he shall locate the same;
return a map or diagram thereof with his report; make report to said
board stating his reasons for preferring the location made; the probable
cost of establishing or altering and location of such road, landing, or
bridge; the convenience and inconvenience that will result as well to
individuals as to the public; whether the said road, landing, or bridge
will be one of such mere private convenience as to make it proper that
it should be opened, established, or altered and kept in order by the
person or persons for whose convenience it is desired ; whether any yard,
garden, or orchard will have to be taken; the names of the landowners
on such route; which of such landowners require compensation; what
will be a just compensation to the landowners requiring compensation
for the land so taken and for the damages to the residue of the tract,
if any, beyond the peculiar benefits to be derived in respect to such
residue, from the road, landing or bridge to be established; all other
facts and circumstances in his opinion useful in enabling the board of
supervisors to determine the expediency of establishing or altering the
road, landing, or bridge; and he shall file such report with the clerk of
the board.

In the event that some of the landowners do not require compensa-
tion, and they will execute written consent giving the right of way in
question, the said superintendent or viewers shall obtain such consent
and return it with his report, and such written consent shall operate
and have the force and affect of a deed from the landowners of the
county for the right of way so long as it is used by the public, in case
the road is established, and same shall be recorded in the deed books of
the county.

Should any of the landowners require compensation and not unite
in such deed, the subsequent proceedings as to them shall be as provided
for in the subsections four, five, and six of said act of assembly approved
March twelfth, nineteen hundred and four.

Eleventh. Levy of road tax; how collected and expended; when
board may purchase machinery, and so forth, for improvement of
roads.—The board of supervisors of each county shall annually levy,
along with the county levy, a road tax upon the property, real and
personal, assessed for taxation in their county and not included within.
the coporate limits of any incorporated town in such county which main-
tains its own streets. Such tax shall be not more than forty cents on
every one hundred dollars in value of such property, and the same shall
be collected, accounted for, and paid out on the warrant of the board
as if it were a county levy. Such tax shall be applied to the building
and repair of roads and bridges, defraying the county’s proportion of
expense of construction of any public road therein for which State
aid is obtained as may be provided by law, the payment of costs and
damages incident to the alteration of roads or the establishment of new
roads and landings, the purchase of road graders, scrapers, and all
machinery, tools, wagons, carts, and teams necessary for the proper
working and repair of all the roads of said county, for the support of
the county chain-gang, and the payment of the road superintendent
and his deputies for their service as hereinafter provided. After the
payment of the aforesaid expenses, if there be any of said funds re-
maining unexpended, the said board of supervisors may, out of said
fund, purchase crushers and engines, crush stone for sale to the various
road districts of its county at such price as shall be just and equitable
and macadamize such roads in said county as said board may deem
necessary and proper to be macadamized at the expense of said general
fund, or it may apportion the remainder of said fund, or any part
thereof, among the several magisterial districts of its county, in pro-
portion to the amount of road tax paid by each district to the county
fund, to be expended in working, keeping in order, and repairing the
public roads in such district; the said board of supervisors may pur-
chase any grader, scraper, wagon, cart, tools, teams, and harness which
are owned by any road district in its county, at a fair and just price,
to be paid out of said general fund, and such price so paid shall he
expended in working, keeping in order, and repairing the public roads
in said district, ‘
Twelfth. Levy of district road tax limit; how collected and expended ;
treasurer to keep separate account; when levy to be submitted to vote
of people.—The board of supervisors of each county shall annually levy,
along with the county levy, a road tax upon the property, real and
personal, assessed for taxation in the several magisterial districts of
their county, and not embraced within the corporate limits of any in-
corporated town in such county which maintains its own streets, which
shall be applied to the working, keeping in order, and repairing the
public roads in such district, and in defraying the district’s proportion
of expense of construction of any public road therein for which State
aid is obtained, as may be provided for by law. Such tax shall be not
more than forty cents upon every one hundred dollars in value of
such property, and the same shall be collected, accounted for, and paid
out on the warrant of the board as if it were a county levy, except that
the fund collected from each magisterial district shall be kept separate
by the county treasurer, and a different rate of tax may be prescribed
for different districts in the same county. The amount collected in
each district, together with the amount apportioned to each district
under the provisions of the preceding section, shall be expended therein:
provided that when the board of supervisors decide to levy a tax under
this and the preceding section exceeding a total of fifty cents on the
one hundred dollars’ worth of property, then before such tax shall be
levied the question as to such tax shall be submitted to the people
of the county or district affected as to whether such tax shall be levied.
Such election shall be held under the provisions of the law in regard
to the issuance of bonds for road purposes, except that upon the ballot
used shall be printed “for increase of road tax” and “against increase
of road tax:” and provided, that no voter whose residence in a town
exempts him from said tax shall be allowed to vote on said question.

Thirteenth. Supervisors to prescribe rules and plans for making
roads, and so forth.—The board of sipervisors, subject to the direction
of the State highway commissioner, if called upon, shall, from time to
time, prescribe and note upon the records of their proceedings such
plans, specification, restrictions, and directions as they deem best for
the working, keeping in order, and repairing the roads and _ bridges
in their respective counties, including any special plans, specifications,
restrictions, or directions which they may prescribe for particular
roads or bridges, and they shall, from time to time, fix the price allowed
for the hire of hands, and for the use of teams, plows, and other im-
plements on the public roads.

Fourteenth. Appointment of county superintendents of roads.—
Except when commissioners or superintendents of roads are provided
for by some special road law, there shall be appointed biennially during
the month of January, by the board of supervisors by the vote of a
majority of all the supervisors of the county, a superintendent of roads,
if in the opinion of said board such superintendent is necessary, who
shall either be a civil engineer or a person well versed in road building,
whose duty it shall be to superintend and direct the opening, repairing,
and keeping in order of all county roads and bridges within the county
for which he is appointed, and to further act as purchasing agent
for said board of supervisors in purchasing all material and supplies
required in the prosecution of such work and the performance of his
duties by said superintendent shall be in such manner and under such
regulations and restrictions as may be prescribed by the board of super-
visors of his county and the State highway commissioner: provided, that
the work done and expenses incurred under this section shall be deemed
to relate to county work and the county road fund, except where other-
wise directed by said board: and provided, further, that the working
anc repairing of the roads of the several magisterial districts of a
county to which the district ‘road fund is applicable shall be under the
supervision and control of said superintendent of roads, or of a deputy,
as hereinafter provided for, or of the county supervisor of said magis-
terial district, as the board of supervisors may in each case or from
time to time direct: provided, that the board of supervisors of any county
may appoint and employ, at such compensation as they may fix, not
exceeding three dollars per day for each day actually engaged at work
in discharging the duties of his office, such a superintendent of roads
for each of the several magisterial districts of the county, or one for
two’ or more of such districts, who shall have the same duties with
respect to their several districts as are above prescribed as the duties
of a county superintendent of roads; and when all the districts of the
county are thus provided superintendents of roads, the board of super-
visors may or may not, as in its discretion it may deem best, appoint
a superintendent of roads for the whole county.

2. All acts and parts of acts inconsistent with this are hereby re-
pealed.