Chap. 464.—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 Feb-
ruary 27, 1896, as amended and re-enacted by an act approved January 23.
1898, as amended and re-enacted by an act approved March 6, 1900. a:
amended and re-enacted by an act approved ay 14, 1903, as amended
and re-enacted by an act approved March 14, 1908. {H B 448]

‘Approved March 24, 1920.

1. Be it enacted by the general assembly of Virginia, That an
act entitled 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 ap-
proved February twenty-seventh, eighteen hundred and ninety-six, as
amended and re-enacted by an act approved January twenty-fith.
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, as amended and re-enacted by an act approved March fourteenth.
nineteen hundred and eight, be amended and re-enacted so as to read as
follows:

1. That for the purpose of opening, repairing, locating and closing
the roads of Pulaski county, and for all supervision and control of the
same, there shall be, and is, hereby created a board of road commis-
sioners of Pulaski county, to be composed of the supervisors of the
several magisterial districts of said county, who, by the name of
“The board of road commissioners of Pulaski county,” may contract
and be contracted with, sue and be sued, in relation to all matters
connected with their duties as such board, and have a seal, and
alter the same at pleasure. The office of road commissioner in each ot
the magisterial districts of said county as provided for by the act
approved March fourteenth, nineteen hundred and eight, is hereby
abolished, to take effect on January first, nineteen hundred and twenty-
two. The present road commissioners of the several magisteria:
districts of said county, or their duly appointed successors, shall serve
out the present term, which expires on December thirty-first, nine-
teen hundred and twenty-one. On or within thirty days after the first
day of January, nineteen hundred and twenty-two, the supervisors ot
the several districts of said county shall qualify (in the manner here-
inafter in this section provided) as road commissioners of their re-
1920. | ACTS OF ASSEMBLY. 721

spective districts, such qualification to be for the period of two years,
then next ensuing. Beginning with the supervisors elected at the gen-
eral election in November, nineteen hundred and twenty-three, the
supervisors elected for each magisterial district in said county shall
be the road commissioner for that district, and he shall qualify as such
at the same time and in the same manner as he qualifies as super-
visor; and upon his qualification as such road commissioner he shall
execute a good and sufficient bond, in the penalty of two thousand
dollars, with surety to be approved by the circuit court of Pulaski
county, or the judge’ of said court in vacation; which bond shall be
payable to the county of Pulaski and conditioned for the faithful
accounting of all moneys that may come into the road fund of his
district and for the faithful discharge of his duties as such road com-
missioner.

2. The road commissioners hereby provided for shall receive as
their compensation four dollars and expenses for each day actually
engaged in the duty devolving upon them under the provisions of
this act, not exceeding, however, one hundred dollars in any one year.

3. The said board of road commissioners (which is hereinafter
for the sake of brevity styled “road board”) may appoint a compe-
tent engineer, to be known as the county engineer, whose duty shall
be as hereinafter prescribed. His compensation shall be fixed by the
said road board and shall be paid equally out of the road funds of
the several districts of said county. He may be removed by a majority
vote of the members of said road board, upon five days’ notice in
writing and an opportunity given him pursuant to said notice to ap-
pear and be heard by said road board, provided said road board shall
consider cause for removal to exist.

4. Application for a new road, or for changing or discontinuing
an existing road, must be upon the written petition of not fewer than
five freeholders of the district, or districts, in which said road is now
or is asked to be located. 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 presented
to the chairman of said road board. He shall thereupon summon the
road commissioner from whose district the application has been made.
and also the road commissioner from some other district of said
county, and they three shall constitute a board of viewers, of which
the chairman of the road board shall be chairman, and together they
shall view said route for said new road, or said proposed change, or
discontinuance, and cause the said new road to be established. or the
said change or discontinuance to be made, in accordance with said
application, or report adversely according to their judgment. They
shall summon the county engineer to attend them in the location of
a new road, or in making a change of location, and he shall assist
them in their view and make all necessary surveys and maps, anc
perform all such other services as may be required of him. If there
be at the time no county engineer, or he be unable to act, the chair.
man of the road board shall engage some suitable and competent
engineer to perform such services.

If the route of the proposed new road, or the change or discon-
tinuance applied for is located in more than one district of said county.
then the commissioner from each district so affected shall be a mem-
ber of said board of review.

The chairman of said road board shall in all cases give the peti-
tioners and the land owners 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 land owners.

If any commissioner is personally interested in the location, change
or discontinuance of such road; or is the owner of, or interested in.
the lands, or any portion thereof, or related to any person so interested.
over which such new road, change, or discontinuance is asked to be
located or made, then such commissioner shall not serve upon such
board of viewers, but his place shall be taken by some other road com-
missioner to be designated by the chairman of the road board.

In case of an adverse report, the petitioners shall pay all costs
accruing through said petition and view; and it 1s hereby made a
condition precedent to the consideration of any application, that the
petitioners shall execute and file with each petition a good and suf-
ficient bond in the penalty of one hundred dollars, payable to the board
or road commissioners of Pulaski county, with the condition that, in
case of an adverse report on said petition, the petitioners will pay to
the said board of road commissioners of Pulaski county, all costs
accruing through said petition and view; which costs, when collected.
shall constitute a part of the road funds of the district or districts
in which said change or discontinuance, or establishment of a new
road is petitioned for.

5. The board of viewers, if they deem it advisable to grant the
said application, shall assess the damages to the land owners, and
report their action to the circuit court of said county of Pulaski; which
court shall cause said report to be recorded and immediate notice to
be given to the land owners so damaged; and said land owners, so
damaged, shall have the right of appeal to said circuit court for
increased damages, if the sum reported by said board of viewers 1s
deemed by said land owners or any of them, insufficient; of which
appeal they must give notice to the chairman of said road board ; and
if such notice of appeal be not given within twenty days after notice
to the land owners of the amount of damages allowed them by the
board of viewers, then such land owners shall be deprived of all mghts
of appeal.

Such appeal shall be tried by a jury, and the Commonwealth’s
attorney for said county of Pulaski shall appear for said road board
on the trial of such appeals, and all expenses and costs incident to
the defense of such appeals shall be paid out of the road funds of the
districts affected.

In computing and awarding damages for opening, changing or
1920. | ACTS OF ASSEMBLY. 723

discontinuing any road, the question of compensating advantages to
the land owners affected shall be fully considered.

6. Whether such an appeal be taken or not, the road commis-
sioners for the district in which such roads shall be located, on paying
into court the sum ascertained by the board of viewers locating the
same, as shown by their report, returned to court, may, notwithstand-
ing 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 commnssioner in the prose-
cution of such work; unless it be manifest that he, his officers, agents
or servants, are transcending their lawful authority, and that the inter-
position of the court is necessary to prevent injury that cannot be
adequately compensated in damages.

If there be such payment into court and then there be an appeal
taken from such report, if the sum ascertained upon such appeal
exceeds what was so paid into court, judgment shall be given for the
amount of such excess to be paid out of the road funds of the district
or districts in which said road is located; but 1f what was so paid
into court exceeds the sum ascertained upon said appeal the excess
shall be paid back into the road funds of the said district or districts.

Upon payment into court, either of the sum ascertained by the
board of viewers in their report when no appeal is taken, or of such
additonal sum as may be ascertained upon appeal from such report,
the court shall disburse the same to the person entitled thereto. If
no sum be paid into court, then the said road commissioner shall have
no right to carry the said report into effect by establishing a new road
or making a change or discontinuance, unless and until the judgment
of the court upon appeal has been fully satisfied, or in cases where
there is no appeal, the land owners shall have been paid the amount
of damages respectively allowed them.

7. In case an appeal is taken by any land owner for an increase
in damages as herein provided, if an increase in damages is allowed
by the jury on the trial of such appeal, the road board of said county
may, with the assent of the road commissioner of the district in which
the land is situate, in their discretion, within twenty days from the
date of the judgment on any such appeal, rescind the order establish-
ing said road, by an order entered on the minutes of the said road
board and certified to the circuit court of said county, either in term
or vacation, by the clerk of said road board, and may thereupon
refuse to build the road established, or to pay the damages awarded
by the jury on such appeal, and may declare by said order the estab-
lishment of said road to be null and void and of no effect, which
order the circuit court of said county shall cause to be entered upon
its law order book at its next ensuing term.

8. All new roads, changes, or discontinuances shall be made at
the expense of the district or districts in which the same are located
out of the district road funds.

9. It shall be the duty of said road board to meet at the court
house of said county on the first Monday in January of each year,
at which meeting they shall divide the roads and bridges of their
several districts into sections, a record of which divisions shall be
filed with the clerk of said road board, and recorded by him upon
their minutes; and they shall appoint a surveyor for one or more of
such section or sections, whose duty it shall be to superintend and
direct the opening, repairing and keeping in order of the county roads
in his section or sections and the making or repairing of all countv
bridges in his section or sections, in such manner and under such
regulations and restrictions as may be prescribed by said road board.
But said road board is hereby authorized to let to contract the con-
struction of new roads or bridges, or any part thereof to whomsoever
and upon such terms as said road board may deem expedient.

The term of office of such road surveyors shall be one vear, com-
mencing from the first Monday in January of each year. Thev shall
not be interested in any claim for work done or material furnished
on any road or bridge in their respective districts, and any claims
for work done or for material furnished by any such surveyor on any
road in his district shall not be approved or paid by the road com-
missioner of such district, except the amount legally due such sur-
veyor for his services. Said surveyors shall qualify as other district
officers are required by law to qualify, and each of them shall enter
into and acknowledge a 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 road commissioners of Pulaski county, and conditioned for
the faithful discharge by said surveyor of the duties imposed upon
him under this act. A recovery on any such bond shall be for the
benefit of the road district in which such surveyor 1s appointed. <A
vacancy in the office of road surveyor shall be filled by the road com-
missioner of the district wherein such vacancy occurs.

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, and at the end of their term of office, or
whenever directed so to do by the road commissioner of his district,
to deliver the same to his successor in office, or to such other person
as said road commissioner may direct.

It shall also be the duty of each surveyor to cause the roads in
his section or sections to be kept cleared, smoothed of rock and
obstructions, 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 or dangerous 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.

Such surveyors shall be authorized to employ all necessary labor by
the month or by the day, or both, as the said road board of the county
shall deem best, and also to hire horses, mules, or work oxen by the
day ; the rate to be paid such laborers or for the hire of such horses,
mules or work oxen to be fixed by said road board.

Such surveyors shall furnish vouchers each month for all expendi-
tures, whether for tools, materials, laborers, or horses, mules, or work
oxen, which vouchers shall be in duplicate and shall be presented to
the road commissioner of the district and being by him approved, shall
be laid before the board. of supervisors of said county, and if approved
by said board of supervisors shall be paid out of the road fund of
such district.

The road board, at its annual meeting on the first monday in Jan-
uary of each year, shall determine what compensation shall be paid to
such surveyors, which compensation it may change from time to
time, and may pay one rate for one month and a different rate for a
different month, or may make such compensation payable by the
day, if deemed advisable. Each surveyor shall present to the road
commissioner of his district vouchers, duly sworn to by him for
amounts due him under the terms of his employment, which vouchers
shall be laid by said road commissioner before board of super-
visors of Pulaski county, and if approved, ordered to be paid out of
the road fund of said district. But no surveyor shall receive any
compensation until he shall have fully discharged all duties imposed
upon him by this act and by the provisions of the general road law
of this State, thereto applicable, for which no provision has been
made under this act.

10. Said road commissioners shall give personal supervision to
all the roads and bridges in their respective districts. They shall see
that the surveyors are faithfully performing their duties, and for any
failure so to do, any such surveyor may be removed from office by
said road board upon complaint of the road commissioner of his dis-
trict, and after written notice to said surveyor and an opportunity
given him, pursuant to such notice, to appear and be heard by said
road board ; provided, said road board shall consider cause for removal
to exist.

It shall be the duty of each road commissioner to furnish neces-
sary tools and implements and machines for the use of surveyors
working the roads in his district; and to authorize said surveyors
to employ all necessary labor and horses or mules or work oxen or
teams.

The said road board shall from time to time fix and prescribe the
amounts to be paid for the hire of horses, mules, work oxen, or teams ;
also the amount to be paid for labor and the manner in which laborers
shall be employed to work the roads.

11. The said road board, at its annual meeting on the first Mon-
day in January, shall have power to transact any and all business that
may properly come before it. It may also hold special meetings when-
ever deemed necessary, and at such times and places as may be con-
venient, and shall have power to adjourn from time to time as may be
deemed necessary.
If at any meeting of the said road board there shall be a tie upon
any question coming before it for action, the tie shall be broken in
the same manner as provided by law where there is a tie vote in the
board of suprvisors.

Any neglect or breach of duty by any officer in this act mentioned.
under any section thereof, shall be deemed a misdemeanor; and such
officer so offending, upon conviction thereof, shall be fined not less
than ten nor more than fifty dollars.

12. The provisions of the Code of Virginia, edition of nineteen

hundred and nineteen, relating to public roads, highways and bridges,
as to all matters not specifically provided for by this act, shall be
in force in said county of Pulaski, so far as applicable thereto. and
not in conflict with this act.
‘13 For the purposes of this act, the board of supervisors of
P.alaski county 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 sixty cents on one hundred dollars, on the assessed value
of the real estate and personal property in the respective magisterial
districts of said county for the benefit of the road fund; provided,
that the taxes collected for road purposes in each magisterial district
shall be expended only on the roads in the district wherein collected.
except that taxes for road purposes derived from railroads, telephone
and telegraph companies, shall be equally divided between the several
magisterial districts of said county; and provided, further, 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 bridge across New
river, at Towe’s ferry, in Pulaski county, approved December twenty-
first, nineteen hundred and one.

14. The chairman of the board of supervisors of said county of
Pulaski shall be ex-officio chairman of the said board of road com-
missioners of Pulaski county; and the clerk of said board of super-
visors shall be the clerk of said road board.

15. All acts and parts of acts inconsistent with this act are
hereby repealed.

16. This act shall be in force on and after the first day of Jan-
uary, nineteen hundred and twenty-two.