Chap. 106.—An ACT to amend and re-enact an act entitled an act to create a
road board for the county of Fauquier, and to provide for the working of
the roads of said county, approved March 8, 1904, as amended and re
enacted by an act approved March 14, 1906, and as further amended by
an act approved March 11, 1908, and to provide for the building and
repair of bridges in said county.

Approved March 9, 1910.

1. Be it enacted by the general assembly of Virginia, That an act
entitled an act to create a road board for the county of Fauquier, and to
provide for the working of said roads of said county, approved March
eighth, nineteen hundred and four, as amended and re-enacted by an
act approved March fourteenth, nineteen hundred and six, and as fur-
ther amended and re-enacted by an act approved March eleventh, nine-
oe hundred and eight, be amended and re-enacted so as to read as
ollows:
148 ACTS OF ASSEMBLY.

§2. Each of the five magisterial districts in the county of Fauquier
shall constitute a separate road district, and the improvement, mainte-
nance, construction and all other administrative control of all public
roads and highways in each district shall be vested in a district road
board thereof as hereinafter provided for.

§3. The district road board in each of the five magisterial districts of
the county of Fauquier shall consist of the supervisor thereof, who shall
be ex-officio chairman of the said district road board, and two freehold-
ers to be appointed by the judge of the circuit court, one of whom shall
be selected as clerk of said district road board, which board shall meet
at least once in each month at such time and place as they may select.

It shall be the duty of said clerks to keep a record of all meetings of
said boards and itemized accounts of all’expenditures made upon the
warrants of said boards, and shall perform such other clerical work as
may be required by the said boards. Copies of said itemized statement,
certified to by the chairmen and clerks of the respective district boards,
shail be filed in the clerk’s office of the circuit court of said county upon
the first day of each term thereof.

§4. The said boards shall be, and are hereby, declared bodies politic
for the respective magisterial districts of the county of Fauquier, and
shall have power to sue and be sued, and suits for and against said boards
shall be in the name of the road board for the district so suing or sued,
but no member of said board shall in any manner be personally liable for
any recovery against the said board.

§5. The said boards shall, within thirty days after this act shall be-
come a law, and for every two years thereafter, choose a district super-
intendent of roads for their respective districts, whose duties shall be
prescribed by said board; and the said boards may appoint an assistant
superintendent if absolutely necessary to carry out the provisions of this
act, and said boards shall have full power to purchase machinery, teams,
supplies and materials and perform all other acts necessary to carry ou!
the spirit of this act. It may make all necessary contracts, and shall re-
quire proper bonds from all agents and contractors for the faithful per-
formance of their duties.

And said boards may remove the district superintendent from office
at any time for his failure to properly perform his duties as said boards
shall prescribe them or for just cause.

The said boards shall pay to the superintendent and his assistant, 1
any, for their respective district as compensation for his services a sum
not to exceed two hundred and fifty dollars per annum, to be appor-
tioned between said superintendent and his assistant, as said board may
direct.

§6. The board of supervisors of Fauquier county shall annually levy,
along with the county levy, a road tax upon the property, real and per-
sonal, assessed for taxation, in the several magisterial districts, which
shall he applied to the working, keeping in order, and repairing the public
roads in such district. Such tax shall not be less than twenty cents upon
one hundred dollars in value of such property, and the same shall be
collected, accounted for and paid out on the warrant of the several dis
trict boards, and the fund collected from each magisterial district shall
be kept separate by the county treasurer, and a different rate of tax may
be prescribed by the board of supervisors for the different districts in
the county. The amount collected in each district, together with the
amount apportioned to each district under the provisions of paragraph
eleven of section nine hundred and forty-four-a of Pollard’s Code shall
be expended therein. It shall be the duty of the board of supervisors to
set apart and appropriate one-half of the funds so levied and collected
in each magisterial district, to be expended and applied by the said dis-
trict boards towards the permanent improvement of the main public
roads of the respective districts. Permanent improvement shall include
only the building of macadam, gravel or sand-clay roads, the construc-
tion of culvert or the metalling and the permanent grading and draining
of such roads, or the doing of work on the main public roads under the
direction or with the approval of the State highway commissioner, and
the said permanent fund so set apart may be used in order to obtain the
benefit of any laws which may be passed granting State money or other
aid to the county highways, or in co-operating with private subscribers
for said improvement. The other half of said funds so levied and col-
lected in each magisterial district shall be expended and applied to the
working and repairing of the public roads of the respective districts in
the discretion of the district boards. The said district boards shall have
authority, and it shall be their duty, to designate the roads or part of
roads in each of the several districts of the county to be known as main
public roads and to specify the character or permanent improvement to
be made on each road. So far as practicable such main public roads
shall be improved in a permanent manner out of the funds set apart as
herein provided, with such aid as may be obtained from the State high-
way commissioner, or other State authorities or private subscriptions.
The intention of this act being to encourage the building of a portion of
permanently improved roadway in each district during each year, the
extension of the permanent work in each district to be gradually and
equitably made to the end that all parts of said district may, as speedily
as possible, receive a portion of the benefits of this act.

87. The several district road boards shall annually on the first Mon-
day in Julv of each vear, or as soon thereafter as practicable, audit, adjust
and settle their accounts with the treasurer for the preceding year, but
if their business shall not be completed on that dav, they may adjourn
from day to day until it is completed. Such settlement shall be made
before the board of supervisors, and an itemized statement in writing of
all receipts and disbursements received and made by the several district
boards in their respective districts during the year next preceding, and
when, to whom and for what purpose disbursements have been made.
The said board of supervisors shall retain a copy of said settlement and
a copy thereof, certified by the chairman of said board of supervisors,
shall be filed in the clerk’s office of the circuit court of said county.

§8. The said district road boards may represent at any time to the
board of supervisors that there should be certain alterations of roads, or
the establishment of new roads, and that road graders, scrapers and
certain machinery, tools, wagons, carts and teams are necessary for the
proper working and repair of the roads of their respective districts and
submit to the board of supervisors statements of the costs of such altera-
tions or establishment of new roads and the purchase of said machinery,
tools and other things necessary for the working and repair of the roads
of the said districts, with application to the said boards of supervisors
to make a special levy in the districts or district in which such alterations
and new roads and machinery, tools, et cetera, may be necessary, to
provide for the same. And the said district road boards may represent
to the boards of supervisors that crushers, road rollers and engines are
necessary to the proper and permanent improvement of the roads in said
district or districts, and that by the use of such machinery the road fund
provided in this act can be spent most advantageously in the interest of
the people in making durable work, and submit to the board the cost of
such machinery, and the said board of supervisors shall thereupon make
a levy for the necessary amount and turn the proceeds over to the treas-
urer of the county to be placed to the credit of the road fund. Said
board of supervisors are hereby authorized to make such levy in accord-
ance with such distribution among the districts as they may think proper.

89. It shall be unlawful for any person or persons to drive, or cause
to be driven, a vehicle of any description into the ditches on either side
of the public roads, but this section shall not apply in those instances
where the width of the road renders it impossible for vehicles to pass
each other without getting into said ditches.

Any person violating this section shall be guilty of a misdemeanor,
and shall, on conviction thereof before any justice of the peace of the
county, be fined a sum not Jess than one dollar for the first offense and
not more than ten dollars for every offense thereafter. The said fines
shall be paid into the road fund of the road district in which said offense
may have been committed. Any driver of any vehicle violating the pro-
visions of this act may, upon conviction thereof before a justice of the
peace, be imprisoned in the jail of the county not less than ten days nor
more than thirty for such offense.

§10. No member of said boards, or other public officer or any officer
created by this act, shall have any interest in any work done under the
provisions of said act.

811. The members of the said district road boards hereby created and
the superintendent of roads and his deputy shall qualify by taking the
usual oath for the faithful performance of their duties, and the said
members of the said district boards shall be paid out of the road fund of
their respective districts three dollars per day for each day necessarily
and actually employed in the performance of their duties.

812. In order to properly maintain the macadamized roads of the
county the board of supervisors shall have the power to erect and main-
tain toll gates, and to demand and collect tolls on said roads, the rates
of toll to be fixed by the board of supervisors: provided, however, that
said rates shall not exceed those fixed by the general law for turnpike
companies.

The district road boards shall have exclusive charge and control of
all macadamized roads, and shall be charged with the duty of collecting
and disbursing all tolls.

§13. The board of supervisors shall have charge of the work of
building and repairing of bridges in Fauquier county, and to this end
shall annually, along with the county levy, lay a tax as a part of such
levy for the purpose of building said bridges, and they shall have the
power to make contracts for that purpose and to provide for the super-
vision of such work: provided, however, that when the costs of building
or repairing any such bridge, or approaches thereto, shall be less than
thirty dollars, the same shall be paid out of the road fund for the district
in which such bridge may be, or if said bridge be of benefit to more than
one district, the costs, if less than thirty dollars, shall be apportioned
between the districts so benefited.

§14. It shall be unlawful for any person or persons to drive, or cause
to be driven, heavily laden wagons or engines or threshers in or. upon
any portion of the highway, immediately after the same has been im-
proved or until such portion of the highway shall have partially dried
out or frozen. |

Any person violating the provisions of this section shall be considered
guilty of a misdemeanor, and shall, on conviction before any justice of
the peace, be fined a sum not less than one dollar nor more than five
dollars for the first offense, and for such offense thereafter a sum not
less than five dollars and not exceeding ten dollars, said fund to be paid
into the road fund of the road district where the offense was committed,
and said person so violating the provisions of this section shall repair
the damage that he may have done to the road, and in the event that he
shall fail to do so, the road board of the district may require the neces-
sary work to be done and may collect the costs from the person by whom
the damage was committed.

§15. All pergons engaged in the lumber business, and all shippers of
lumber, ties, tiling and other like products, and all persons hiring teams
to haul said products who shal] haul their products over any portion of
the said roads of the county of Fauquier, shall be assessed with a license
tax of ten dollars upon such lumber business or hauling, and the said
persons shall be further assessed with a tax upon such business to an
amount of one-half of one per centum of the gross amount of business
done by such person or persons, and said person or persons shall make
oath as to the amount of business done by them, and shall verify the
statement as far as practicable by the certificates of the agents of the
reespective stations whence said lumber may be shipped.

$16. All special acts heretofore passed by the general assembly of
Virginia, in reference to the public roads or bridges of Fauquier county,
are hereby repealed.

The general road law of the State of Virginia, except in so far as the
same is in conflict with this act, shall be in force in the county of Fau-
quier, and nothing contained in the act shall be so construed to interfere
with unexpired contracts for the working of roads in said county.

817. All property, including machinery, teams and all other articles
used and owned by the county and district road boards, as now consti-
tuted, shall be transferred to the district boards herein authorized as
soon as they shall organize under the provision of this act.

2. An emergency existing by reason of the fact that the county levy
must be made at once, this act shall be in force from its passage.