Chap. 123.—An ACT to amend an act to provide for working the roads in North-
ampton county, approved March 2, 18982.

Approved February 1, 1894.

1. Be it enacted by the general assembly of Virginia, That an act
to amend an act to provide for working the roads in Northampton
county, approved March second, 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 it
shall be the duty of the judge of the county court of Northampton
county, at the March term, eighteen hundred and ninety-four, and
annually thereafter, at the March term of said court, to appoint one
superintendent of roads for the said county, whose application for
such appointment shall be first endorsed by at least one hundred
voters of said county, and whose term of office shall be one year, be-
ginning on the first day of April following his appointment.

§ 2. It shall be the duty of such superintendent to make, repair
and drain the roads, and to make and repair all bridges in the said
county. He shall have full power to drain such roads through any
lands adjoining or proximate thereto, and all the provisions of sec-
tions nine hundred and eighty-five and nine hundred and eighty-six
of the code of Virginia shall apply to the said superintendent in
like manner as to surveyors of the highway; but either the land-
owner for himself, or, if he be an infant or a lunatic, by his guar-
dian or committee or next friend, as the case may be, or the board of
supervisors, on behalf of the county, may, within thirty days from
the date of the assessment of damages under such proceedings, after
at least ten days’ written notice, served upon the other party, appeal
to the county court of said county to rehear and determine all mat-
ter as to what damages should be allowed for such ditching through
such adjoining or proximate lands, or for the wood, stone, gravel or
earth taken pursuant to said sections. If the court shall not allow
more damages than was awarded by the three freeholders hearing
the matter, as provided in said section, the county shall recover its
costs; but if it shall allow greater damages than was awarded by
such freeholders, the land-owner shall recover of the county his cost.
It shall be the duty of such superintendent himself to work upon
such roads, and to employ and superintend all laborers needed by
him for such work, but the amount to be expended in or contracted
for such labor shall not exceed such sum as the board of supervisors
shall provide for the payment of in any one year. It shall be the
duty of such superintendent to have charge of and provide for and
take proper care of all horses and mules, all implements, tools and
machines which may be placed in his charge as hereinafter pro-
vided, and to purchase all necessary provender for such horses and
mules, and at the end of his term of office, or whenever directed so
to do by the board of supervisors, to deliver the same to his succes-
sor in Office, or to such other person as the said board shall direct,
and file receipt therefor with the said board of supervisors. The
said superintendent shall be authorized to hire horses and mules by
the day at a rate not to exceed one dollar per day while actually en-
gaged at work, if they shall need such extra team. He shall be au-
thorized, and it shall be his duty, to employ all necessary labor by
the month or by the day, or both, as the board of supervisors shall
deem best, and such day laborers shall be paid at a rate not to exceed
fifteen cents per hour for the time actually engaged in work, for
which a receipt shall be taken, duly witnessed; and to meet the ex-
penses of such day laborers and hire of horses or mules, the said
board of supervisors may, if they deem proper, place in the hands
of such superintendent from time to time a sum not to exceed one
hundred dollars per month. All other expenses under this act shall
he paid by warrant or order, drawn by such superintendent upon the
treasurer of said county, which shall be approved by the board of
supervisors of said county before payment.

§ 3. It shall be the duty of such superintendent, on the third day
of each month during his continuance in office, to file in the clerk’s
office of said county a report to the board of supervisors of said
county of his transactions during the month preceding, or 80 much
thereof as he may have been in office, ending at the date of filing
such report. The said report shall be made under oath, and shall
state the days actually engaged in work upon the said road, and the
number of hours of each day while so engaged, the number of labor-
ers, and their names, employed by the month, and the number em-
ployed by the day, with the vouchers for payment made by him, wit-
nessed, unless signed by the party in his own handwriting, and stat-
ing an account between himself and money placed in his hands for
such day laborers, and showing all other expenses of labor and team
employed by him. For failure to make such report as herein re-
quired, such superintendent so in default shall be deemed to have
forfeited his compensation for the month for which he shall so fail
to make report, unless he shall be excused by the said board of super-
visors, for reasons spread upon their records, and no compensation
shall be allowed for such month until such report is made.

§ 4. It shall be the duty of the board of supervisors of said county
to meet at the court-house of said county on the second day of April,
eighteen hundred and ninety-four, and annually thereafter on the
second Monday in January, and make an estimate of all expenses
under this act for the ensuing year. They shall determine what
compensation shall be paid to the said superintendent, and for what
time, and may fix such compensation at one rate for one month, and
at a different rate for a different month, so that such compensation
shall not at any time exceed the sum of sixty dollars per month;
or, if the said board shall deem it advisable that such compensation
shall be by the day, not to exceed the sum of three dollars per day for
each day of ten hours of actual work upon said roads, or at that rate;
that is tosay, thirty cents per hour for each hourof actual work, which
shall not include going to or returning from such work, and any
superintendent appointed under this act shall be paid the amount
so fixed by the said board of supervisors, but during the time the
said board shall order the suspension of operations under this act,
the said superintendent shall receive no compensation. In no case
shall the said board authorize the expenditure of more than three
thousand dollars per year under this act.

§ 5. The board of supervisors of said county shall purchase not
less than four nor more than six mules or horses for work upon the
roads of said county. They shall also purchase all necessary plows,
shovels, hoes, axes and one or more road machines, together with all
other instruments needed for working the said roads by the said
superintendent.

§ 6. Whenever the said superintendent shall deem it necessary to
call in the aid of a competent surveyor to take the level for drain-
ing the road, he shall be authorized to do so, and for such services
such surveyor ehall be allowed the sum of five dollars per day.

§ 7. Whenever the superintendent shall find the fence of a land-
owner upon the public road, he shall so notify such land-owner in
writing and require him to remove such fence within five days from
the service of such notice. If such land-owner shal! fail to remove
such fence within five days from the date of the service of such
notice, the said superintendent shall report the fact to the common-
wealth’s attorney for the said county, describing with reasonable
care that part of such road as may be in the occupancy or pos-
session of such land-owner. The said commonwealth’s attorney
shall forthwith institute the proper legal proceedings in the county
court of said county for the recovery of so much of said road as
may be in the occupancy of such land-owner, and in all cases of
recovery by the commonwealth, there shall be taxed for such attor-
ney for the commonwealth a fee of seven dollars and fifty cents,
which, with other cost of the commonwealth, shall be recovered of
the land-owner.
§ 8. It shall be the duty of the board of supervisors of said county,
at their annual meeting in the month of July, eighteen hundred and
ninety-four and eighteen hundred and ninety-five, to levy a tax of
not less than ten nor more than twenty cents, and at such annual
meeting in the month of July, eighteen hundred and ninety-six, and
annually thereafter, a tax not less than ten nor exceeding fifteen
cents, on every one hundred dollars in value of the property, real,
personal or mixed, assessed in the said county, for purposes of state
taxation, to be collected in the same manner as state and county
taxes, which shall be applied to expenses under this act. All prop-
erty in said county liable to taxation for state purposes shall be
liable to taxation under this act.

8 9. It shall be the duty of all superintendents appointed under
this act to appear before the clerk of the county court of said county,
within ten days from the date of his appointment, as herein pro-
vided, and qualify as such superintendent by taking and subscribing
an oath for the faithful discharge of his duties as such superintend-
ent under this act, and entering into a bond in the penalty of three
hundred dollars, with good and sufficient security, and conditioned
for the faithful discharge of his duties as such superintendent.

§ 10. This act shall not be construed to repeal chapter forty-three of
the code of Virginia as now applicable to said county, but all the
provisions of said act shall continue in force in said county, except
that the levy for road-taxes in said county shall be as herein pro-
vided. .

§ 11. The said board of supervisors shall be authorized to use any
funds now in their hands from the assessment of the county levy made
during the year eighteen hundred and ninety-three, not necessary for
use in other county expenses for executing this act during the year
eighteen hundred and ninety-four; and they shall also be authorized
to use a part of the fund in their hands arising from the sale of the
glebe land, in said county, not to exceed the amount of eight hundred
dollars, for executing this act in eighteen hundred and ninety-four:
provided that the amount so used of the said glebe fund shall be
replaced out of the levy of eighteen hundred and ninety-four.

2. This act shall be in force from its passage.