Chap. 42.—An ACT to amend and re-enact section 8 of an act arproved March
13, 1912, entitled an act to amend and re-enact an act for working and
keeving in repair the roads of Tazewell county, approved February 24,
1888, and further to provide for permanent improvement of the roads
in said county, approved February 29, 1892. as amended and re-enacted
by an act approved February 12, 1894, as amended by an act approved
January 11, 1900, and as amended and re-enacted by an act
approved January 27. 1900. and as amended and re-enacted by an act
approved December 17. 1901, ard as amended and re-enacted by an act
approved March 8, 1910, and to further amend said act approved
March 13, 1912. by adding a separate section numbered 25, to said act,
providing for the enforcement of all rights, remedies and liabilities con-
nected with the roads of said county by actions and suits. for‘the pay-
ment and distribution of money recovered in any proceedings, and the
costs and expenses incident thereto. (S. B. 211.)

Approved March 4, 1914.

1. Be it enacted by the general assembly of Virginia, That
section eight of an act approved March thirteenth, nineteen hun-
dred and twelve, entitled an act to amend and re-enact an act for
working and keeping in repair the roads of Tazewell county, ap-
proved February twenty-fourth, eighteen hundred and eighty-
eight, and further to provide for permanent improvement of the
roads in said county, approved February twenty-ninth, eighteen
hundred and ninety-two, as amended and re-enacted by an act ap-
proved February twelfth, eighteen hundred and ninety-four, as
amended by an act approved January eleventh, nineteen hundred,
and as amended and re-enacted by an act approved January twenty-
seventh, nineteen hundred, and as amended and re-enacted by an
act approved December seventeenth, nineteen hundred and one, and
as amended and re-enacted by an act approved March eighth, nine-
teen hundred and ten, be amended and re-enacted so as to read as
hereinafter mentioned; and that said act approved March thir-
teenth, nineteen hundred and twelve, be further amended by adding
a separate section, numbered twenty-five, to said act, providing for
the enforcement of all rights, remedies and liabilities connected with
the roads of said county by actions and suits, for the payment and
distribution of money recovered in any proceedings, and the costs
and expenses incident thereto as hereinafter mentioned; namely:

Sec. 8. Each and every district road superintendent appointed
under this act shall qualify as other district officers are required by
law to qualify and upon his qualification shall execute a good and suf-
ficient bond before the clerk of the circuit court of Tazewell county
in the penalty to be prescribed by the board of supervisors, and the
bond shall be payable to the board of supervisors of Tazewell
county. The superintendent of roads <hall be under the control
and subject to the orders of the board of road commissioners of his
district. He shall see that all roads in his district are of proper
width and clear of obstructions, and in places where they are not
of proper width or where obstructions have been placed thereon, or
where the ditches draining said roads have been obstructed by
filling in stone, timber or other material, he shall give notice in
writing to the person or persons obstructing said roads or ditches,
requiring him or them to remove the obstructions; and if the ob-
structions are not removed within ten days of the giving of said
notice, he shall cause the same to be removed and report such fact
to the board of supervisors of the county, and said board of super-
visors may recover the expenses incident thereto with the costs, from
the person or persons obstructing the said roads or ditches, by suit
at law or by warrant before a justice; any person, who may by
threat, force or otherwise hinder, delay or prevent, or attempt to
hinder, delay or prevent the board superintendent from perform-
ing his duties under this act, shall be guilty of a misdemeanor, and
fined not less than twenty dollars ($20.00) nor more than one hun-
dred dollars ($100.00), or be confined in the county jail not exceed-
ing six months or both. The road superintendent shall examine
all roads in his district at least twice in each year in the months of
April and September and oftener if the board of road commis-
sioners require it. Immediately after going over the roads in April
and September, he shall report fully in writing to the board of
road commissioners the condition of all roads and bridges in his
district. These reports shall be made not later than the first day of
May and the first day of October of each year, and the board of
road commissioners shall designate to the road superintendent such
roads and bridges as shall be repaired by him.

In performing the services required of the district road super-
intendent, he shall have the work done by force account under his
own personal supervision, or by employing competent foreman to
supervise such work. Such foreman shall not be paid exceeding
three dollars ($3.00) per day. Said district road superintendent nor
any foreman employed by him either on repair work or on the
construction of new roads, being done by force account, shall be
allowed full wages for working less than six men per day, and
any road foreman employed by said road superintendent may be
removed by the road commissioners if they see cause for so doing.

Sec. 25. The board of supervisors of the county shall sue and
be sued in relation to the enforcement of all rights, remedies and
liabilities connected with the roads of the county not otherwise
herein expressly provided for; however, in case any district board
of road commissioners, or appeal board, shall exceed or attempt to
exceed its authority under this act, nothing herein contained shall
prevent any person interested from applying to a court of equity
for relief against such board so exceeding its authority, its officers,
agents and servants, as provided by law. All actions and suits in-
stituted by the board of supervisors shall be at the cost and expense
of the district or districts in which are located the portions of the
road to be affected thereby, which costs and expenses shall be paid
out of the road fund of such district; and in case any money is

recovered in any proceeding it shall be turned into the road fund
of such district. All actions and suits against the board of super-
visors shall show an account cf what district the liability is claimed,
and all judgments recovered against said board of supervisors shall
be payable out of the district road fund of the district in which the
liability was incurred, together with all fees, costs and expenses
incident thereto.

2. It having been uncertain under the provisions of the said
act approved March thirteenth, nineteen hundred and twelve, as
te whether or not the board of supervisors of the county or the dis-
trict road boards of the respective districts should sue and be sued
in relation to the enforcement of rights, remedies and liabilities con-
nected with the roads of the county, and it being necessary to forth-
with institute certain proceedings for the protection and better-
ment of the roads of the county, an emergency exists, and this act
shall be in force from its passage.