Chap. 112.—An ACT to amend and re-enact an act entitled an act to authorize
the board of supervisors of the county of Carroll to let the contract of the roads
of said county, and levy a tax to keep the same in said repair, as amended by
an act approved February 29, 1892, and February 2, 1894, and acts amendatory
thereto, respectively January 22, 1898, March 7, 1900, as amended by an act
approved March 14, 1906, and as amended by an act approved March 15, 1910,
and further amended by an act approved March 24, 1920, and further amended
by an act approved March 24,. 1922, and the purchase road machinery, imple-
ments, tools, and so-forth, pay of supervisors, clerk and duties of each, pre-
scribing penalties and so-forth, and to repeal all special acts in conflict here-
with. [S B 140]

Approved March 7, 1924.

1. Be it enacted by the general assembly of Virginia, That an act
to authorize the board of supervisors to let to contract the roads of
Carroll, to levy a tax to keep same in proper repair, approved February
twenty-ninth, eighteen hundred and ninety-two, February second, eight-
een hundred and ninety-four, January twenty-second, eighteen hundred
and ninety-eight, March seventh, nineteen hundred, as amended by an
act approved March fourteenth, nineteen hundred and six, and as fur-
ther amended by an act approved March fifteenth, nineteen hundred and
ten, and as further amended by an act approved March twenty-fourth,
nineteen hundred and twenty, and as further amended by an act ap-
proved March twenty-fourth, nineteen hundred and twenty-two.

2. The board of supervisors of Carroll county shall have original
jurisdiction to open, establish, alter, contract, change, discontinue, re-
pair and build all roads and bridges in the county of Carroll, except
where it may conflict with the powers of the State highway commission
and the roads coming under their jurisdiction under the State laws.

3. Every petition or application to open, establish, alter or change
any public or private road, must first be presented to the supervisor of
the district in which the road is or is proposed to be located, who shall
then endorse thereon his approval or disapproval of the same and date
and sign the same, the petition or application shall be laid before the
board of supervisors at its next meeting, the board shall have authority
to appoint five freeholders of the district in which the road is located or
Is proposed to be located, any three of whom may act, to view and
examine such road or route and report upon the expediency of changing
or altering the location of any roads or opening any new road, viewers
may recommend a new or different route; the viewers shall first be
sworn to perform their duties impartially and to the best of their judg-
ment, and if the viewers decide that the public convenience requires the
establishment of such new road, or the alteration or change of such old
road, they shall lay out the same, having respect for the shortest distance
and the best location, and shall make their report in writing to the next
meeting or any succeeding meeting of the board of supervisors, shall
assess the damage done to the land through which the road passes, tak-
ing into consideration the advantage to be derived from the road passing
through the land, and shall state the names of the tenant or proprietors
of the land on which it is proposed to establish or alter such road, which
one of them require compensation, and what would be a just compensa-
tion to them. In all cases where further notice and service of process or
summons have been waived by the proprietors or tenants or by attorney,
the board shall, at the same meeting to which said report is returned, de-
termine the question of establishing such road, and hear testimony and
fix upon a just compensation to the proprietors or tenants for the land
proposed to be taken and the damage accruing therefrom. But in the
event of further notice and service of process or summons have not been
waived as herein provided, unless the opinion of the board be against
establishing or altering such road, the board shall require its clerk to
issue process to summons the proprictor or tenants of the lands on which
it is proposed to establish or alter such roads to the next meeting’of the
board, to show cause against establishing or altering such road, if any
thev can, but such process shall not be necessary, nor shall process issue,
as to any proprietors or tenants who have in the manner hereinbefore
provided, waived or acknowledged service of such process, or claims no
damage.

Upon return of such process, duly executed as to all the said pro-
prietors or tenants who have not waived or acknowledged service of the
same, defense may be made to the said proceeding by any party, and the
board of supervisors may in its discretion, hear testimony touching ex-
pediency of establishing or altering the road, the supervisors may limit
the number of witnesses they will hear for and against establishing the
road or making the proposed changes. Upon such hearing, unless the
board be of the opinion that the road ought not to be established or
altered, it shall proceed to fix a just compensation to the proprietors or
tenants for the land proposed to be taken, and the damage accruing
therefrom. But if any tenant or proprietor desire it or the board see
cause for so doing, it may appoint five disinterested freeholders of the
county as commissioners (any three of whom may act) for the purpose of
ascertaining a just compensation for the land to be used for such road,
after which the same proceeding shall be had, as provided for the com-
missioners for a like purpose under the general road law of the State.
If the board of supervisors be of the opinion that the road should not be
opened or changes made, then all costs incident to the application for
such new road or changes shall be paid by the applicant. No money
to be paid for damage in condemnation proceedings until road is ac-
cepted or completed. Viewers and commissioners provided by this act
shall each receive not less than two dollars and fifty cents nor more than
four dollars per diem for their services.

4. The said board of supervisors shall have the right to apply for
and receive and make use of under this act, such State money or con-
vict aid as may be properly applicable to the county of Carroll, under the
general laws of the State on the subjects.

5. The board of supervisors may enact such special and local legis-
lation in their county, not in conflict with the Constitution and the
general laws of the Commonwealth, as provided by an act to amend and
re-enact an act, approved March sixteenth, nineteen hundred and eight-
een, entitled an act to empower boards of supervisors to enact special
and local legislation to protect the public roads and bridges from ob-
struction, encroachment, and injury, to make violations of such enact-
ments a misdemeanor, and provide penalties as they may deem expedient
to protect the public roads, ways and bridges of said county from en-
croachment or obstruction, or from any improper or exceptionally in-
jurious use thereof; and any violation of such enactments shall be
deemed a misdemeanor and shall be punishable by fine not less than five
dollars nor more than one hundred dollars for each offence. Public
notice of such legislation by the board of supervisors shall be given by
posting a copy of such enactment at each voting precinct in the county,
and on the front door of the court house, not less than ten days before it
is to go into effect, or by publishing a copy thereof at least once in a
ne wspaper published in the county not less than ten days before it is to
go into effect.

The board of supervisors shall see to it that the public roads of the
county shall not be obstructed, or encroached upon by fences, buildings
or any other obstruction of any manner or kind whatsoever, and any en-
croachments, such as fences or buildings, which may exist at the time
of the passage of this act, shall be required to be removed within a
reasonable time, which in no case shall exceed a period of twelve months
from the date notice has been given, the supervisor of the district shall
give notice in writing to any person or persons obstructing or encroaching
on said road and the said notice shall be made a matter of record by the
clerk of the board of supervisors and shall set forth the date or time limit
when said obstruction or encroachment shall be removed and the same
shall be served by the supervisor of the district in which the obstruction
or encroachment exists, on the person or persons affected. In case
failure to remove said obstruction or encroachment within the specified
time named in said notice, then the supervisor of the district in which
said encroachment or obstruction exists is hereby empowered and re-
quired to remove said obstructions, fences or buildings at the expense
of the county and proceed to collect the same from the individual or
individuals, the same as any other debt, together with all costs, and in
addition thereto there shall be imposed a fine against said party or
parties of not less than five dollars nor more than one hundred dollars,
and all money so collected shall be turned in to the district road fund of
the magisterial district in which such obstruction or encroachment oc-
curred. Any proceedings for violations of this section shall be instituted
before a justice of peace.

6. The supervisor of each magisterial district. or any road foreman

or person employed by and under his supervision, may take from any
convenient place so much wood, stone, gravel, or earth as may be neces-
sary to use In constructing or repairing any road, bridge or causeway
therein and may for the purpose of draining the roads, cause a ditch to
be cut through any land adjoining the same.
7. If the owner or tenant of any such lands shall think himself in-
jured thereby, a Justice of peace, upon application to him, shall issue @
warrant to three free-holders requiring them to view the said land and
ascertain what Just compensation to such owner or tenant for the damage
due him by a reason of anything done under the preceding section, the
said free-holders after being sworn, shall accordingly ascertain sueh com-
pensation and report the same to the board of supervisors and a warrant
shall be issued by them for this amount. to the injured party, but said
amount shall be paid out of the magisterial distriet In which the damage
occurred.
8. The clerk of Carroll circuit court shall be the clerk of the board
of supervisors under this act, and for all services required of him by this
act he shall be paid annually not less than fifty dollars and not more
than one hundred dollars.

9. The supervisor of each magisterial district shall make a personal
inspection as often as he considers necessary of all the roads and bridges
in his district, and for this as well as any other necessary service rendered
by him under this act he shall be paid five dollars per diem not exceeding
fifty days in any one year.

10. The supervisors of the several magisterial districts shall cause
to be removed any trees standing on the right of way, of any public road
which may cause an injury or be a detriment to said road on account of
shade or otherwise or which may in any wise endanger or interfere with
the rights of the public, and he may also remove any limbs or portion of
any trees which may hang out or extend over the right of way of any
public road which may cause an injury or be a detriment to the road on
account of shade or otherwise or which may in anywise interfere with
the rights of the public, but before removing any tree standing on the
right of way of any public road, he shall, except in an emergency case,
give the owner of said land thirty days notice of his intention to do so
and his reason therefor, giving the said owner the opportunity of remov-
ing the said tree or trees himself in case he should wish to do so.

11. Each supervisor of the county shall annually, in the month of

December of each year make out a written statement or inventory of all
the road machinery, tools, implements and so-forth, belonging to the
county or each magisterial district, itemizing each article and the value
thereof, and the approximate costs of all necessary repairs thereto, and
deliver the same to the clerk of the board, who shall record the same in
the county road book. The supervisors shall provide proper places for
housing and storing all machinery, tools and implements owned*by the
county and districts and cause the same to be stored therein when not
in use. .
12. The board of supervisors shall officially declare the width of all
public roads of the county and such action of the board shall be spread
on the minutes of the meeting and recorded in the county road book and
shall be accessible to public inspection.

13. When public roads form dividing lines between magisterial dis-
tricts the board of supervisors shall divide such roads between the said
districts as they may deem best and fair. °

14. The board of supervisors shall cause to be erected and main-
tained a sign post or sign board at the intersection of all the most prom-
inent roads in the county, and shall have printed thereon in plain letters
the name and distance from such intersection to the nearest post office,
town, city, village or notable land-mark, as the case may be, showing by
arrow the direction to the points, the names of which are given.

15. Any person wilfully or maliciously defacing or removing any
such sign post or board shall be guilty of a misdemeanor and upon con-
viction shall be punished by fine not less than five dollars nor more than
ive hundred dollars or confined in jail not more than sixty days, or by
both fine and imprisonment at the discretion of the tribunal trying the
vase.
16. Each supervisor shall make an equitable and fair distribution of
the money derived from this act in his magisterial district on all the pub-
lic roads in his district taking into consideration the amount of travel
and importance of each road, he shall have authority to appoint all
necessary overseers and foremen to construct and repair all public roads
and bridges in his district and shall have authority to remove any fore-
man or overseer at any time he considers it to the best interest of the
roads of his district.

17. The said board of supervisors of Carroll county shall annually
levy, along with the county levy, a road tax upon the property, real and
personal, assessed for taxation in the several magisterial districts of their
county and that within the corporate limits of any incorporated town in
such county, which shall be applied to the construction, working and re-
pairing the public roads and bridges in such district, and in defraying the
districts proportional part of the expense of construction of any public
road therein on which State aid is obtained as may be provided for by
law. Such tax shall not be less than thirty-five cents nor more than
fifty cents upon every one hundred dollars in value of such property,
and the same shall be collected and accounted for as if it were a county
levy and paid out on the warrant of the board of supervisors, except that
the fund collected for each magisterial district shall be kept separate
by the county treasurer, a different rate of tax may he prescribed for
different districts of the county. The amount collected in each district
under the provisions of this section shall be expended therein and no-
where else.

18. The board of supervisors of Carroll county shall annually levy
in addition to the district road tax levy mentioned in section seventeen
of this act, along with the county levy, a county road tax upon the prop-
erty, real and personal, assessed for taxation in said county including
the property within the corporate limits in any incorporated town in
such county. Such tax shall not be less than twenty nor more than
thirty cents on every one hundred dollars of such property, and the same
shall be collected, accounted for and paid out on a warrant by the board,
and the proceeds of such levy shall be applied to the building and repair-
ing of roads and bridges in the several magisterial districts as may be
considered fair and proper by the said board; defraying the counties’
proportion of the expense of the construction of any public road or
bridge therein for which State aid may be obtained as provided by law,
also for the purchase of gr&ders, crushers, and road machinery for county
use and to macadamize or improve such roads or bridges in said county
as said board may deem necessary and proper to be macadamized or
improved, the said macadamizing or improvement shall be made on such
roads, or parts of roads, or bridges where the citizens of the community
interested contribute the largest. private donation or fund to be spent in
connection with the said county fund on said roads or parts of said
roads or bridges.

19. The said board of supervisors of Carroll county shall procure
a map of the roads of Carroll county. Said map to be kept on file in
the clerk’s office of said county for the use of the public.

20. Except as otherwise provided in this act, the general laws of
this State relating to roads, shall be in all respects applicable to the
county of Carroll, and all special acts in conflict with this act relating to
the working and keeping in repair of public roads and bridges in Carroll
county are hereby repealed, especially an act entitled an act to amend
and re-enact an act entitled an act to authorize the board of supervisors
of Carroll county to let to contract the roads of said county and to levy
a tax to keep the same in proper repair, as amended by an act approved
February twenty-ninth, eighteen hundred and ninety-two, and February
second, eighteen hundred and ninety-four, and acts amendatory thereof,
respectively, January twenty-second, eighteen hundred and ninety-
eight, March seventh, nineteen hundred, as amended by an act approved
March fourteenth, nineteen hundred and six, approved March sixteenth,
nineteen hundred and ten, approved March twenty-fourth, nineteen
hundred and twenty, approved March twenty-fourth, nineteen hundred
and twenty-two.

21. Anemergency existing, this act shall be in force from its passage.