CHAP. 140.—An ACT to amend and re-enact section 4 of an act entitled an
act to amend and re-enact an-act to provide for working the roads,
repairing bridges and opening new roads in the county of Augusta,
and repealing so much of the acts as affect the county of Augusta,
approved February 26, 1884; February 19, 1886; February 28, 1890;
March 3, 1894; and March 2, 1898; approved February 26, 1900; ap-
proved March 14, 1908 and approved February 9, 1910.

Approved March 12, 1912.

1. Be it enacted by the general assembly of Virginia, That
section four of an act entitled an act to amend and re-enact an
act entitled an act to provide for working roads, repairing
bridges and opening new roads in the county of Augusta, and
repealing so much of the acts as affect the county of Augusta,
approved February twenty-sixth, eighteen hundred and eighty-
four; February nineteenth, eighteen hundred and eighty-six;
February twenty-eighth, eighteen hundred and ninety; March
third, eighteen hundred and ninety-four; and March second,
eighteen hundred and ninety-eight; approved February twenty-
sixth, nineteen hundred; approved March fourteenth, nineteen
hundred and eight; approved February ninth, nineteen hundred
and ten, be amended and re-enacted so as to read as follows:

§4, The commissioner of roads, as the executive officer of
the road board, shall, under and subject to the control and
direction of the county superintendent of roads, have charge of
all the roads of his district. His duty shall be to see that
all the roads of his district are the proper width, and in places
where they are not, to give notice in writing to the person
obstructing the roads, requiring him to remove the _ ob-
struction, and if the obstructions are not removed within thirty
days after the giving of such notice, he shall cause the same to
be removed, and may recover the expenses incident thereto with
costs from the person or persons so obstructing the roads by a
judgment of a justice of the peace in a proceeding instituted in
the name of the road board of the district; provided, however,
that the road board of any district may, in its discretion, retain
any existing road at its present width. He shall examine all the
roads in his district at least twice in each year in the months of
May and October, and at such other times as the county super-
intendent of roads may require and shall see that the roads are
drained on the sides, and all standing pools of water well re-
moved from the roads, and that the middle of the roads are
sufficiently raised to shed the water immediately into the side
ditches, and that the bridges are kept in good repair. In all
things he shall be subject to the direction and control of the
county superintendent of roads. The compensation of the com-
missioner of roads shall be two dollars per day for each day in
which he has been or may be actually employed in discharging
his duties under the provisions of this act, but in no case shall
the pay of the commissioner of roads exceed one hundred and
fifty dollars per annum, said commissioner to be paid by the road
boards of the respective road districts upon the approval of the
other two members thereof, or, if they should disagree, upon the
approval of the judge of the circuit court, who may determine
the matter without formal pleading; provided, however, that
persons applying for a new road or bridge, or to lay out, open,
alter or change a public road, shall, when the same is rejected,
be charged with the per diem compensation of the commissioner
of roads. The board of supervisors may in their discretion in-
crease the compensation of road commissioners in any magis-
terial district in said county to three dollars per day, provided
that such compensation shall not exceed two hundred and fifty
dollars per annum.