Chap. 324.—An ACT to amend and re-enact an act entitled: An act to provide
for opening and keeping in repair the public roads of Pulaski county, ap-
proved March 2, 1892, as amended and re-enacted by an act approved Febru-
ary 27, 1896, as amended and re-enacted by an act approved January 25, 1898,
as amended and re-enacted by an act approved Mareh 6, 1900, as amended
and re-enacted by an act approved May 14, 1903.

Approved March 14, 1908. .

1. Be it enacted by the general assembly of Virginia, That an act
ntitled “an act to provide for opening and keeping in repair the public
roads of Pulaski county,” as approved March second, eighteen hundred
and ninety-two, as amended and re-enacted by an act approved February
twenty-seventh, eighteen hundred and ninety-six, as amended and_ re-
enacted by an act approved January twenty-fifth, eighteen hundred and
ninety-eight, as amended and re-enacted by an act approved March sixth,
nineteen hundred, as amended and re-enacted by an act approved May
fourteenth, nineteen hundred and three, be amended and re-enacted so
as to read as follows:

§1. That for the purposes of opening, repairing, locating and closing
the roads of Pulaski county, and for all supervisions and control of the
same there shall be, and is hereby created, a board of road commissions
to be composed of two members from each magisterial district, one of
whom shall be the supervisor of each of said respective districts, and
by virtue thereof, chairman of the district board, the others to be free-
holders of the district for ‘which they serve. At the election of district
officers in nineteen hundred and nine, there shall be elected one road
commissioner from each magisterial district whose term of office shall
commence the first of January following, and who shall serve for the
term of four years, and until his successor is elected and qualified; and
every fourth year thereafter there shall be one road commissioner elected.
for each magisterial district to serve a like term of four years. The
regularly elected road commissioner of such magisterial district shall
act as clerk of the commission of his district.

On the qualification of the supervisor and the road commissioner for
each magisterial district they shall constitute the road commission of
each district.

§2. That the road commissioners hereby provided for shall receive as
compensation three dollars and expenses for each day actually engaged
in the duties devolving upon them under the provisions of this act, not
exceeding, however, eighty dollars for any one year.

§3. That the commissioners hereby created shall have full power to
open, work, change, or discontinue roads in the district in which they
reside, and shall have control also of the district road funds. Hach
and every commissioner under this act shall qualify as other district
officers are required by law to qualify, and upon his qualification shall
execute a good and sufficient bond before the court or judge before whom
he qualifies, with surety to be approved by such judge or court in the
penalty of two thousand dollars. Such bond shall be payable to the
board of supervisors of said county, and with condition for the faithful
accounting of all moneys that shall come into the county road fund, and
the faithful discharge of his duties under this act.

§4. That the board of road commissioners of the county, as herein pro-
vided for, may appoint a competent engineer, whose duty it shall be to
survey and locate all new roads (change or discontinuance of old roads,
furnish all estimates of work to be done, and review and receive work
done in company with the road commissions, and give any needed infor-
mation in connection with their work. His compensation shall be fixed
by the road commissions of the county, and shall be paid out of the dis-
trict road fund ; such engineer so appointed may be removed by a majority
vote of the members of such road commissions of the county, upon
written notices given to him and an opportunity given him pursuant to
said notice to appear and to be heard by such commission, provided
such commission shall consider cause for removal to exist.

§5. That applications for a new road or the changing or discontinuing
of an existing road must be upon the written petition of not less than
five freeholders of the district in which said road is now or is asked to be
located, and who are interested in the road upon which the petition is
based. The application, so signed, stating clearly and specifically the
change, discontinuance or route of the new road with its general direction
and through whose land it passes from the point of its beginning to
the point of its termination shall be forwarded to the chariman of the
board of supervisors, who shall act as chairman of all road commissions
when considering a new road, change, or discontinuance (and he shall
be entitled, and it shall be his duty to vote upon any question under
consideration by the commission or commissions), who shall summons
the two members of the road commission from whose district the appli-
cation has been made, and the members of any other district affected
thereby, the county engineer, and together they shall view said route
for new road, change or discontinuance, and cause the said change, new
road or discontinuance, to be made in accordance with said application,
or report adversely, according to their judgment. The chairman shall
in all cases give the petitioners and the landholders through whose land
the road is asked to be changed, discontinued or established at least five
days’ notice of the time and place of the view of the same by mailing
notices thereof to the last known address of said petitioners and
landowners. The chairman shall receive three dollars per day for his
services for work under this section, and same mileage allowed for at-
tending a meeting of board of supervisors and any other duties per-
formed in connection with the district road commissions. When the
members of such district road commission, or either of them, is per
sonally interested in the opening or location of such a road, or is the
owner of, or has an interest in the lands or any portion thereof, or re-
lated to any person so interested, over which such new road, change or
discontinuance is asked to be located, then the chairman of the board of
supervisors shall summon the road commission from the nearest districts
in which the commissions may have no such interest or relationship, and
such adjoining road district commission, shall proceed as herein provided
upon such application as if the application were for a new road, or chang-
ing or discontinuing of an existing road in such adjoining districts;
provided, that if the application is for a new road, or changing or dis-
continuing an existing road in the district in which the chairman of
the board of supervisors resides, then he shall forward said application
to one of the other members of the board, who shall perform the duties
in this section required of the chairman. In case of an adverse report
the petitioners shall pay into the district road fund all costs accruing
through said petition and view, and it is hereby made a condition prece-
dent to the consideration of any application that the petitioners execute
and file with each and every petition a bond in the penalty of one hundred
dollars, payable to the road commissions of Pulaski county, with the
condition that in case of an adverse report by the district road commission
or commissions the petitioners shall pay to the said county road commis-
sions all costs accruing thrugh said petition and view. All such costs
shall constitute a part of the district or districts road funds in which
pe change, discontinuance or establishment of a new road is petitioned
or.

§6. And when a new road is to be made, the commissions acting for
the district in which such road shall be, shall with the county engineer
or some competent surveyor, locate the same so as to approach as near
as possible a three degree road, if compatible with the best interests of
the district; but no road shall exceed eight degrees for a distance ex-
ceeding fifty yards, and said road commission in establishing any new
road may establish the same with the privilege to the land owners through
whose land said road passes to erect thereon as many gates as in the
discretion of the said commission may be necessary.

§7. That the commission or commissions acting shall assess the damages
to the land owners and report their action to the next term of the circuit
court, if deemed advisable to grant the said application, and the judge
shall cause said report to be recorded and immediate notice given to the
landowners so damaged; and the landowners so damaged shall have the
right to appeal to the circuit court for increase damages, if the sum
reported by the commission or commissions is deemed by them or any
of them insufficient, or in lieu of appealing to the court, they may elect
to refer the cause to the same commission, supplemented by an additional
commission, which, however, must be from an adjoining district, and
the case having been presented and examined the decision shall be final ;
provided, however, if the landholders elect to submit their cause to this
court of commissions, they must give notice to the chairman of the board
of supervisors within twenty days after they receive said notice of
damages. This shall apply as well to appeal to the circuit court and trial
by jury. In every case of appeal to court, the Commonwealth’s attorney
shall appear for the road commission, and all expenses and costs incident
to the defense of such appeal, shall be paid out of the district road
funds. If hearing is to be by the court of commissions, the chairman of
the board of supervisors shall summon the members of the commissions,
and he shall preside. He shall require the attendance of the clerk of
the board of supervisors, or a justice of the peace, who shall administer
oaths to witnesses, hear evidence, and record the action and decision
of this joint commission as to the damages allowed. These findings shall
be reported to the circuit court for recordation; and if the commission
shall have decided in favor of building the road, the damages shall be

aid.
, §8. If the appeal is to be to the circuit court and the trial by jury,
the case shall be docketed and either party to an appeal may give ten
days’ notice to the other party that a motion will be made to try the
appeal, and the court shall, on the day named in the notice, try the
appeal without regard to its place on the docket, unless good cause can
he shown by the adverse party for a continuance, and if so continued,
shall try it as soon as may be thereafter. If within twenty days after
notice has been given to the landholders of damages allowed by original
commissioners viewing any proposed route no notice of appeal is filed
in. the clerk’s office of the circuit court, then such landholders shall be
deprived of all rights of appeal. In all questions of damages the question
of compensating advantages to landholders shall be fully considered be-
fore awarding damages for the opening, changing or extending of any
road.

9. Whether any such appeal be taken or not the road commission for
the district or districts in which such road shall be located on paying
into court the sum ascertained by the commissioners locating the same,
as shown by their report returned to court, may notwithstanding the
pendency of proceedings, enter into and construct their work upon or
through that part of the land described in such report. And no order
shall be made or any injunction awarded by any court or judge to stay
the proceedings of any such board of road commission in the prose-
cution of their work; unless it be manifest that they, their officers, agents,
or servants are transcending their authority, and that the interposition
of the court is necessary to prevent injury that cannot be adequately
compensated in damages.

10. When after such payment into court upon an appeal taken from
such report, if the sum thereby ascertained exceed what was so paid,
judgment shall be given against the county for the amount of such excess
to be paid out of the road funds of the road district or districts in which
said road is located and if what was so paid exceeds the sum ascertained
upon said appeal the excess shall be paid back into the said district or
districts road fund.

11. The board of road commission or commissions, when such judg-
ment is rendered against the county, shall thereafter have no right to
possession of the land until judgment is satisfied by payment of the
money to the person entitled thereto or into court. Upon payment into
court, either of the sum ascertained by the commission in its report
when no appeal is taken, or of such additional sum as may be ascertained
upon appeal from such report, the court shall disburse the same to the
persons entitled thereto.

12. In any case where it would be impracticable or inexpedient to
have a view of the change in a road made, the respective district road
commissions of Pulaski county are hereby authorized to acquire by pur-
chase from the land holders over whose land said change is made, the
land which would be taken by the change of the route of any existing
road, and to have the same conveyed to the board of supervisors of said
county, and to their successors in office for road purposes, and it
shall be the duty of the clerk of the circuit court of said county in event
of the purchase of any land under this section to make proper endorse-
ment upon the margin of the report establishing said road referring
to the date of the change of the route of the same, and the deed book
and page where the deed conveying the land over which said change in
said road is made is recorded.

13. In case that an appeal is taken by any landholder for an increase
in damages as herein provided, if an increase in damages is allowed by
the jury on the trial of said appeal, the district road commission in the
district in which the land is situate, may in their discretion in twenty
days from the date of judgment on any such appeal, rescind the order
establishing said road by order entered in the road books of said county,
and certified to the circuit court of said county, either in term or vacation
by the clerk of said road board and refuse to build the road established
or to pay the damages awarded by the jury in said appeal, and may
declare by said order the establishment of said road to be null and void
and of no effect.

This section shall not apply to any appeal pending before the passage
of this act.

14. That all notices and summons may be served by the sheriff or his
deputies, or by the chairman of the commission, and the compensation
shall be the same as is allowed for similar services by officers.

15. That all new roads shall be made at the expense of the district or
districts in which same is located, out of the district road funds.

16. That a chain-gang be organized, and prisoners who have been
convicted of misdemeanor in the county and sentenced to the payment
of fines, or confinement in jail, and who refuse to pay such fines, and
have no means out of which the same may be made and collected ac-
cording to law, may be worked upon the roads at such points as can
be made profitable. When prisoners are worked under this section they
shall be kept from jail for a period not exceeding six days at a time,
under proper guard, and may be lodged in tents or wagons; but in all
cases, prisoners must be returned to jail at six o’clock post-meridian,
Saturdays. A receipt from the board of road commissioners of the
county for the amount of such fine, to the prisoner performing such
labor, presented to the clerk of the court in which such fine is of record,
shall be sufficient to authorize him to mark such fine satisfied on the
record. The clerk in his annual report of fines to the auditor of public
accounts, shall report the fact that such fines have been satisfied by labor
performed on the roads as herein provided for, and account to the
auditor for the amount of money paid over to him by the county on ac-
count of such fine. All necessary details for the working of the chain-
gang not herein provided for, shall be governed by the general law in
reference to the chain-gangs. The county shall be responsible to the
Commonwealth for one-half of such fine.

17. That all officers created by this law, shall, for neglect of their
duties, be deemed guilty of a misdemeanor, and upon conviction thereof
may be fined not less than ten nor more than fifty dollars.

18. That it shall be the duty of each road commission: immediately
after entering upon its duties of office to divide the roads and bridges
of their several districts into sections, a record of which divisions shall
be filed with the clerk of the board of supervisors, and appoint a sur-
veyor for such section or sections, whose duty it shall be to superintend
and direct the opening, repairing and keeping in order of the county
roads, and make or repair all county bridges.ot their respective districts,
for which they are appointed in such manner and under such regulations
and restrictions as may be prescribed by said commission. But said
district road commissions are hereby authorized to let the building of new
roads or bridges or any part thereof to contract to whomsoever said
commissions may deem expedient. The term of office of such road sur-
veyors shall be one year, commencing on the first day of January, next
succeeding their appointment: Such surveyor shall not be interested
in any claim for work done or material furnished on any road in his
district, and any claim for work done by such surveyor or any material
furnished by him on any road in his district shall not be approved and
paid by the board of road commission of the district, except for his own
services. Said surveyors shall qualify as other district officers as required
by law to qualify, and each of them shall enter into and acknowledge
bond before the court or judge before whom he qualifies, with surety
to be approved by such judge or court in the penalty of five hundred
dollars. Such bond shall be payable to the board of supervisors of said
county, and with conditions for the faithful discharge of his duties
imposed under this act. A vacancy in the office of the road surveyor
shall be filled by the road commission of the district wherein the vacancy
occurs. A recovery on any such bond shall be for the benefit of his road
district. It shall be the duty of such surveyors to have charge of, and
take proper care of all tools, implements and machines which may be
placed in their charge by the road commissions, and at the end of their
term of office, or whenever directed so to do by the road commission
of his district, to deliver the same to his successor in office, or to such
other person as the said commission may direct, and file receipt for
same with said commission. Such surveyors shall be authorized to hire
horses or mules by the day at a rate not to exceed one dollar per day
while actually engaged in work, when necessary. They shall be author-
ized, and it shall be their duty, to employ all necessary labor by the month
or by the day, or both, as the said road commissions of the county shall
deem best, and such day laborers shall be paid at the rate not to exceed
fifteen cents per hour for the time actually engaged.

19. Said commissions shall give personal supervision to all the roads
and bridges in their districts. They shall see that the surveyors are
faithfully performing their duties, and for any failure so to do any road
surveyor so appointed may be removed by said board commission of his
district upon written notice given to said surveyor, and an opportunity
given said surveyor, pursuant to said notice, to appear and, be heard
by said commission; provided said commission shall consider cause for
removal to exist. And it shall be the duty of each commissioner to cause
the roads in his district to be kept cleared, smoothed of rocks and ob-
structions, and of necessary width, and the middle of the bed of the road
raised and sloped gradually each way from the middle to the sides,
well-drained and otherwise in good order, and secured from the falling
of dead timber therein; at the fork or crossing of every road shall be
kept erected sign boards, on which shall be stated in plain letters the
most noted places to which each road leads, and across each stream,
when it is necessary and practical, a sufficient bridge, bench or log, for
the accommodation of foot-passengers; and for each breach of duty
under any of the sections of this act said commissioner shall be guilty
of misdemeanor and upon conviction thereof shall be fined in each such
case not less than ten dollars nor more than fifty dollars.

20 It shall be the duty of each road commissioner to furnish necessary
tools and implements and machines for use of surveyors working roads
under this act, buying such as are necessary only upon order of the
chairman. They shall furnish vouchers for all expenditures whether
for tools, materials, pay to surveyors, to laborers hired by surveyors to
work on the roads, engineers and their own compensation, quarterly,
which, being approved by the board of supervisors shall be paid from the
district road funds. The said road commission of the said districts shall
determine what compensation shall be paid to such surveyors, and for
what time, and may fix such compensation at one rate for one month,
and at a different rate for a different month, so that such compensation
shall not at any time exceed the sum of fifty dollars per month, or if the
road commissions shall deem it advisable that such compensation be
paid by the day, not to exceed the sum of two dollars per day for each
day of ten hours actual work upon said roads, and every surveyor ap-
pointed under this act shall be paid the amount so fixed by the road
commissions, but no surveyor shall receive any compensation until he
shall have been shown to have fully discharged all duties imposed upon
surveyors under this act, and also fully complied with the provisions of
the general road law of the State thereto applying for which no pro-
vision has been made under this act.

21. The provisions of chapter forty-three of the Code of Virginia,
as to all matters not specially provided for by this act shall be in force
in the county of Pulaski, so far as the same is applicable thereto, and
not in conflict with this act.

22. That for the purpose of this act the board of supervisors shall
annually levy a capitation tax of fifty cents on every male citizen over
the age of twenty-one years, and a tax not to exceed forty cents on the
one hundred dollars, on the assessed value of the real estate and personal
property in the respective magisterial districts of the county of Pulaski
for the benefit of the road fund; provided that the taxes collected for
road purposes in each magisterial district shall be expended on the roads
in which it is collected, except that the taxes for road purposes derived
from railroad, telephones and telegraph companies, shall be equally di-
vided between the several magisterial districts of said county. It is
further provided that this act shall in no wise affect sections five and six
of an act entitled an act to authorize the board of supervisors of Pulaski
county to borrow money for the construction of and repair to the bridges
across New River, at Towe’s Ferry, in Pulaski county, approved De-
cember twenty-first, nineteen hundred and one.

23. That, the commissioners hereby created shall hold a meeting
annually on the first Monday in January in each year at the courthouse
for the purpose of dividing the roads and bridges of the several districts
in sections, electing an engineer, the appointing or surveyors, fixing the
compensation of each, the amount which shall be paid for the hire of
horses or mules and teams, the manner in which the laborers shall be
employed to work the roads and the amount to be paid for such labor,
but the compensation for any such purposes shall not be a greater rate
than is specified under this act, and for the transaction of such other
business as may properly come before them. They may also hold such
special meeting when necessary, at such times and places as they may
find convenient, and shall have power to adjourn from time to time
as they may deem necessary ; and at any meeting or in any view to change,
discontinue or establish a road, a majority of the commissioners shall
constitute a quorum.

24. If at any meeting of the district road commission for the dis-
charge of their duty under this act, the supervisor and road commissioner
fail to agree on any question, the clerk of the commission shall certify
the same to the clerk of the board of supervisors, who shall call a meet-
ing of the road commission of that district to meet at the courthouse
upon a day named by him and by mailing to each member of the said com-
mission a notice of same, and shall also notify the chairman of the board
of supervisors, by mailing him a notice of the same; and upon receipt of
the said notice, it shall be his duty to attend said meeting; and at said
called meeting the vote shall be again taken upon such question, and if
there again. be a tie, it shall be the duty of the chairman of the board
of supervisors to give the casting vote, and thereby decide the question.

25. The road commissioners for each district elected at the last election
for such officers shall hold office and perform their duties, under the
supervision of this act, during the term for which they have been
elected or until their successors qualify.

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