Chap. 854.—An ACT to provide for the working and keeping inorder all the pub-
lic roads and bridges in the county of Hanover, and to amend and re-enact an
act entitled an act to provide forthe appointment of a road commisstoner in cach
magisterial district In Hanover county, and to define his duties and powers, ap-
proved February 25, 1802, and to repeal all acts Inconsistent with this act.

Approved March 3, 1898.

1. Be it enacted by the general assembly of Virginia, That the act en-
titled an act to provide for the appointment of road commissioners in
each magisterial district in Hanover county, and to define his duties and
powers, approved February twenty-fifth, eighteen hundred and ninety-
two, be amended and re-enacted so as to read as follows:

§ 1. Be it enacted by the general assembly of Virginia, That the judge
of the county court of Hanover county, upon the recommendation of the
board of supervisors of his county, shall, at the May term of his court,
in the year eighteen hundred and ninety-two, and every two years there-
after, appoint for each magisterial district in said county one commis-
sioner of roads, who shall, on taking oath before the clerk of the court
the usual oath of office required of other county or district oflicers, enter
upon the duties of his oflice on the first day of July following his ap-
pointment, and continue in office for a term of two years, or until his
successor is appointed and qualified: provided that such judge may, if
he think proper, reject the recommendations made in either or all of the
districts in said county, and unless the board of supervisors recommend
other persons suitable, in his opinion, for said office within thirty days
after their first recommendation has been rejected, he shall fill the said
office by his own appointment, in term time or in vacation. No recom-
mendation, however, made by the board of supervisors shall be rejected
by the judge except for EpAsons entered of record.
Said road commissioner shall receive a salary of one hundred dollars
per annum, to be paid by the board of supervisors by warrants drawn
on the treasurer of said county, at such times as to them may seem
proper.

§ 2. The board of supervisors of Hanover county shall have general
charge of all the public roads and bridges of Hanover county, and shall
pay all the costs and expenses of making , building, opening and main-
taining them out of the county levy.

§ 3. That the road commissioners of each magisterial district of Han-
over county shall superintend the roads in his district. He shall cause
the same to be kept cleared, smoothed of rocks and other obstructions;
of necessary width, not less than sixteen fect in any case; well drained
and otherwise in good order, and secure from the falling of dead timber
thereon. He shall cause to be placed and kept at important forks or
crossings in his precinct, a sign board properly lettered; and across every
stream where it is necessary and practicable, a sufficient bridge, bench, or
log for the accommodation of foot passengers. When any more important
bridge is necessary, and it is practicable for him to have it made, he
shall cause it to be made twelve feet broad at the least, and safe and
convenient. Every bridge or causeway in his precinct shall be kept hy
said commissioner in as good order as the means in his power will per-
mit. And to that end he shall have the care and custody of all teams,
gear, harness, road machines and other road implements and tools now
belonging to his magisterial district, or that may be hereafter purchased
or provided by the board of supervisors for his district. And he shall
have authority to hire and employ all necessary labor and teams in the
discharge of his duties.

But the said road commissioner shall be and act under and subject to
the control and direction of the supervisor of his district in the dis-
charge of his duties as commissioner, and shall not hire any labor or
teams or incur any other expense except with the said supervisors’ ap-
proval.

§ 4. All the costs and expenses of making, opening, and maintaining
said roads and bridges, and keeping the same in repair shall be allowed
and paid by the board of supervisors, upon itemized accounts certified
to be correct by the supervisors and road commissioner of the magiste-
terial district in which the work was done, such certificate to be made
on the back of each account.

§ 5. The road commissioner may take from any convenient lands so
much wood, stone, gravel, or earth, as may be necessary to be used in
constructing or repairing such road. or any bridge or causeway therein;
and may, fcr the purpose of draining the road, cause a ditch to be cut
through any lands adjoining the same: prov ided such wood and other
articles be not taken from, and such ditch be not cut through, any lot
in a town, yard, or garden, without the consent of the owner.

§ 6. If the owner or tenant of any such lands shall think himself in-
jured thereby a justice, upon application to him, shall issue a warrant
to three freeholders, requiring them to view the said lands and _ ascer-
tain what is a just compensation to such owner or tenant for the damage
to him by reason of anything done under the preceding section. The
said freeholders, after being sworn, shall accordingly ascertain such com-
pensation and report the same to the board of supervisors, and an allow-
ance shall be made therefor in the next county levy.

§ 7. The road commissioner and the supervisor of each magisterial
district shall be responsible for the condition of the roads and bridges
in their district, and the failure to discharge their duty shall be a mis-
demeanor, and either or both of the said oflicers, on conviction thereof,
upon a warrant before a justice of the peace, shall pay a fine of not less
than five dollars nor more than twenty-five dollars.

§ 8. The road commissioner, at such time or times as the board of
supervisors may require, shall make out an account of all work that has
been done by him previous to the said report and not before reported by
him, and also what expenses have been incurred, and what money ex-
pended in the maintenance of the roads and bridges, and make report
thereof to the said board; and also state what amount of money may be
needed by him at any time in the discharge of his said duties. The said
board of supervisors may, if in their opinion the said work should be
done, andthe amount required be expended as reported by him, pro-
vide the said amount out of the county levy, and pay any amounts that
may be due for the work so done by him; all bills, however, to be ap-
proved by the board of supervisors and said road commissioner, as
hereinbefore provided.

§ 9. So much of the act entitled an act to provide forthe appointment
of a road commissioner in each magisterial district of Hanover county,
and to define his duties and powers, approved February twenty-fifth,
eighteen hundred and ninety-two, as is not contained in this act, is
hereby repealed, and all other acts and parts of acts inconsistent with
this act are hereby repealed.

2. This act shall be in force from its passave, and shall continue in
force for the period of two years but no longer.