Chap. 394.—An ACT to provide fora road commission for Capeville magisterial
district in the county of Northampton.

Approved February 18, 1898.

1. Be it enacted by the general assembly of Virginia, That for the
better working and keeping in repair of the public roads and bridges in
Capeville magisterial district in the county of Northampton, that a road
commission is hereby created to exist from and after March first, eight-
ecn hundred and ninety-eight, in the Capeville magisterial district of the
county of Northampton, to be composed of Samuel Townsend, John
Alfred Nottingham and Orris A. Browne, commencing the first day of
March, eighteen hundred and ninety-eight, two of whom shall constitute
a quorum to carry out this law.

2. The said road commission shall organize by electing a chairman and
secretary, who shall keep faithful record of all expenditures made under
the provisions of this act, and report the same to the board of super-
visors of said county. Any vacancy occurring in said road commission
from any cause shall be filled by the remaining member or members of
said road commission.

4. It shall be the duty of the said road commission to establish rules
for making, altering, repairing and maintenance of roads, as provided
hy law; to provide for the erection and maintenance of suitable and
necessary bridges, and the making, re-location, repair and maintenance
of public roads within the magisterial district of Capeville. To estah-
lish regulations for the protection of public roads and bridges from im-
proper use or extraordinary damage, and to exercise a general supervision
over all the roads in the magisterial district of Capeville. Said road com-
missioners shall have full power to drain such roads through the lands of
any owner adjoining or proximate, and all the provisions of sections nine
hundred and eighty-five and nine hundred and eighty-six of the code of
Virginia shall apply to said road commission in like manner as to sur-
veyors of the highway.

4. The road commission created by this act is hereby clothed with all
the authority of the board of supervisors of the county of Northampton
in road matters.

5. That the board of supervisors of Northampton county shall at the
first meeting of the board after the passage of this act designate every
third month in the year for the road grader, implements and teams
owned by the said county to be for the use of the road commissioners
in Capeville magisterial district, and under the direction and manage-
ment of said road commission in making, repairing and maintaining
roads.

6. It shall be the duty of the board of supervisors of said county ata
meeting to be held on the second Monday in March next, and thereafter
after the second Monday in February of each year to make an estimate
to cover the cost of purchasing any new mules or horses and machinery
and implements that may be needed, and in repairing those now or here-
after purchased, and the amount so needed shall be retained in the hands of
the said board of supervisors to be used by them to meet such cost and
expenses whenever the same shall arise. After deducting the amount
so required to meet such expense, the balance of the revenue arising
from the road levy under the law now in force for the making of roads
in said county, the amount derived from taxes on railroad, telegraph
and telephone lines, shall be apportioned by the said board of super-
visors so that the said Capeville magisterial district shall receive such a
proportion of such balance and amount as the said district would be
entitled to had the levy or assessment been made as a district levy or
avsessinent, and not as a county levy or assessment, and the other two
macisterl l districts shall reccive together in the same proportion, and
the treasurer of said county shall pay over to the said Capeville road
commission from time to time the amount to which said Capeville dis-
trict will be entitled after deducting the amount to be retained by the
said board of supervisors as aforesaid.

+. It shall be the duty of the said Capeville road commissioners to
receive the mules, machine and implements provided for working sald
roads from the superintendent appointed for the Franktown and East-
ville magisterial districts in said county at such time and place as the
board of supervisors in said county shall designate, and it shall be the
duty of said superintendent to receive the same from the said Capeville
road commission in like manner, and a receipt shall be taken by the
suid commission and also by the said superintendent whenever the said
mules, machine and implements are delivered up by himorthem. The

said road commission shall be responsible for the proper care and feeding
of the said mules, and for the proper preservation of said niachine and
implements while the same are in their possession or under their
control.

8. Before entering upon their duties under this act the persons con-
stituting the said Capeville road commission shall qualify by taking the

oath required by law before notary public or justice of the peace, the

same shall be deposited with the clerk of the county court. For failure
to so qualify on or before the first day of April, the office of either of
said road commissioner failing shall be deemed vacated and it shall be
filled as heretofore provided to fill such vacancics.

9. This act shall not be construed as repealing an act entitled an act
to provide for the working of the roads in Northampton county, ap-
proved March second, eighteen hundred and ninety-two, and the amend-
ments thereto, but the said acts and amendments thereto shall be con-
strued as continuing in full force in Franktown magisterial district in

said county and in Eastville magisterial district in said county, except
that the superintendent shal] be appointed for the said two districts in-
stead of for the whole county, and the said act and amendments thereto
shall also be construed as continuing in force in the said Capeville magis-
terial district except in so far as the said acts and amendments are in
conflict with this act.

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