Chap. 231.—An ACT to provide for working and repairing the roads
and bridges in the county of Smyth.

Approved March 3, 1879.

1. Be it enacted by the general assembly of Virginia, That
for the purpose of providing for working and repairing the pub-
lic roads and bridges, and opening new roads in the county of
Smyth, there is hereby established for each magisterial district
in said county a board to be call the board of road commis-
sioners for —-—— magisterial districts for the county of Smyth,
which is hereby declared to be a body politic and corporate,
under the name and style aforesaid, and which a3 such may sue
and be sued. Hach of the supervisors of the said county shall
be ex-officio president of the board of his respective magisterial
district, and together with the justices of the peace of ‘the dis-
trict, shall constitute said board. One of the justices shall be
selected by the board to be clerk thereof.

2. The board of road commissioners of the respective magis-
terial districts shall have control of all the public roads and
bridges in their district, and the right to disburse all taxes im-
posed in their district for building and repairing the same and
keeping them in order, Jt shall be the duty of the said boards
to ascertain annually the amount necessary in their juloment,
in addition to the labor here and after provided for, to keep the
roads and bridges in their districts in repair, and tu report the
said amount to the supervisors of the county.

3. The board of supervisors of the county shall, upon the
requisitions of the boards of road commissioners of the re-
spective magisterial districts, levy an annual tax upon real
and personal estate of the respective districts, not exceeding
eight cents on the one bundred doilars’ worth thereof, which
amount shall be colected in the manner and subject to the same
provisions established by law for the collection of county taxes,
and when collected by the county treasurer, shall be placed by
him to the credit of the boards of road commissioners of the
several districts, each district to be credited with the amount
collected therefrom, and said amount shall he disbursed by the
county treasurer upon the warrant of the respective boards of
road commissioners, signed by the president, and countersigned
by the clerk of the board.

4, The board of road commissioners for each district shall
appoint as many overseers of roads as they may deein proper,
not exceeding fifteen for each district, who shall hold their
offices for two years, unless removed by the board, ‘The board
shall have power to fill any vacancies that may occur. The
board shall also define the road precincts in their districts,
and increase or diminish the number thereof at their discretion.

5. lt shall be the duty of the overseer of roads to see that
the roads in his precinct are kept in good repair, of sufficient
width, well drained and smooth, and the bridges in safe condi-
tion, to cause proper sign-boards to be put up at the crossing
of roads indicating the nearest public place to which the road
leads, and perform such other duties as may be prescribed by
law. For failing to perform any duty required by this section,
he shall be liable to indictment by a grand jury of his county,
and fined not exceeding twenty dollars.

6. All male persons in each road precinct, between sixteen and
sixty years of age, except such as are exempt by law, shall be
appointed by the overseer of the road of the precinct and com-
pelled to work three days in each year on the road in his pre-
cinct; said three days shall include all the time they are re-
quired to work on public roads in any one year.

7. Every person required to work on roads by this act shall,
either in person or by a sufficient substitute, attend when re-
quired by the overseer of the road of his precinct, and work
the road as required by the overseer of the precinct. Every
person failing so to attend and work shall, if an adult, be liable
to pay a fine of seventy cents for each day he fails to work, or
if he be a minor, his parent or guardian shall be lable, and
said fine, if not paid to the overseer within ten days thereafter,
shall be collected by the overseer and paid over to the clerk of
the board of road commissioners, to be applied by the board
for repairing the road in the said overseer’s precinct. For the
collection of fines under this section, the overseers may pro-
ceed by a warrant before 2 justice.

8. The overseers of roads shall each receive a compensation
of seventy-five cents per day for covery day he is actually en-
gaged in summoning hands, and one dollar for every day he is
engaged in working or supervising the persons under his con-
trol: provided he shall have summoned or worked not less than
fifteen hands each day; but their accounts shall be subject to
the revision and approval of the board of road commissioners.
The old board shall turn over all tools and implements betong-
ing to the roads to the new boards.

9. Each member of the board of road commissioners shall
receive for compensation one dollar and twenty-five cents for
each day he is actually employed in the performance of his
official duties: provided the whole amount does not exceed ten
dollars per annum to each member of the board. The board
may allow their clerk such additional compensation as they may
deem proper, not to exceed twenty dollars in each year. The
elerk of the board shall give the overseers notice in writing of
their appointment and the limits of their precincts.

10. The clerk of the board shall settle with the treasurer
annually, and may allow him the same fees for collecting and
disbursing the road tax that he is allowed for collecting and
disbursing county taxes.

11. If the board of road commissioners or their clerk fail or
refuse to perform any duty required by this act, they shall be
hable to indictment by a grand jury, and, on conviction, be
fined thirty dollars.

12. The supervisors of the county shall have ar‘hority, when
directed by the court, to levy a general tax on the property of
the county to open new roads, or build or repair bridges, to be
used or applied as the county court may direct.

13. This act shall be in force from and after the first day of
June, cighteen hundred and seventy-nine, at which time the
act approved the fifth day of March, eighteen hundred and
seventy-seven, and all other acts Inconsistent with this act shall
be repealed and of no effect.