Chap. 588.—An ACT to amend and re-enact chapter 375, acts of 1891-’92, entitled
an act for the working and keeping in repair the public roads and bridges in the
county of Wythe.

Approved February 2%, 1898.

1. Be it enacted by the general assenibly of Virginia, That chapter
three hundred and seventy-five of the acts of the gener ral as ssembly of
Virginia, eighteen hundred and ninety-one and ninety-two, entitled an
act to prov ide for the workingand keeping in repair the public roads and
bridges of the county of W ythe, approved February twenty-fifth, eiuh-
teen hundred and ninety-two, be amended and _re- -enacted so as to read
as follows:

Sl. For the purpose of opening, repairing, locating, and closing the
roads of Wythe county, and for all supervisions and control of the same
there shall be, and it is hereby, created a board of road commissions, to
be composed of two members from each magisterial district, one of
whom shall be the supervisor of cach of said respective districts, and
by virtue thereof chairman of the district board, the others to be free-
holders of the district for which they serve. There shall be appointed
by the court of Wythe county, at the June term, eighteen hundred and
ninety-eight, one road commissioner from each magisterial district,
whose term of oflice shall commence the first of July following, and
Who shall serve for the term of four years and until his successor is ap-
pointed and qualified; and every fourth year thereafter there shall he
one road commissioner appointed as aforesaid, for each magisterial dis-
trict to serve a like term of four years. The regularly appomted road
commissioner of each magisterial district shall act as clerk of the com-
mission for his district.

On the qualification of the supervisor and the road cominissioner for
ach magisterial district they shall constitute the road commission of
each district.
§ 2. That the commissioner hereby provided for shall receive as com-
pensation two dollars for each day actually engaged in the duties de-
volving upon them under the provisions of this act, not exceeding, how-
ever, forty dollars for any one year.

§ 3. Each and every commissioner under this act shall qualify as
other district officers are required by law to qualify, and upon his qualifi-

cation shall execute a good and suflicient bond before the court or judge
before whom he qualities, with surety to be approved by such Judge or
court in the penalty of two thousand dollars.

Such bond shall be payable to the board of supervisors of said county,
and with condition for the faithful accounting of all moneys that shall
come into the county road fund and the faithful discharge of his duties
under this act.

§ 4. The county board of road commissioners may, when necessary,
employ a competent engineer or surveyor to do such work as they may
prescribe in locating or changing or repairing roads. Ilis compensation
shall be fixed by the county board of road commissioners, and shall be
paid out of the road funds of the district or districts in which his work
has been done.

§ 5. That applications for a new road or the changing or discontinu-
ing of an existing road must be upon the written petition of not less than
five freeholders of the district. in which such road is now or is asked to
be located, and who are interested in the road upon which petition Is
based. The application, so signed, stating clearly and specifically the
change, discontinuance or route of the new road from point to point
shall be forwarded to the chairman of the buard of supervisors, who
shall act as chairman of all road commissions when considering a new
road, change or discontinuance (and he shall be entitled, and it shall
be his duty, to vote upon any question under consideration by the com-
mission or commissions), who shall summons the two members of the
road commission from whose district the application has been made,
and the members of the commission of any other district affected
thereby, and also the county enyineer, if the chainnan requests the
engineer to be present, and together they shall view said route for new
road, change or discontinuance, and cause the said chanze, new road
or discontinuance to be made in accordance with said application, or
report adversely, according to their Judgment. The chairman shall re-
ceive three dollars per day for his services for work under this section,
and saine mileage allowed for attending a meeting of board of supervi-
sors, and any other duties performed in connection with the district
road commissions.

When the members of such district road commission, or either of
them, ts personally interested in the opening or location of such road,
or is an owner of, or has an interest in, the Jands or any portion thereof,
or related to any person so interested, over which such new read, change
or discontinuance Is asked to be located, then the chairman of the board
vf supervisors shall summons the road commissions from the nearest
district in which the commissioners may have no such interest or rela-
tionship, and such adjuining road district commission shall proceed as
herein provided upon such application as if the application, were fora
new road, or changing or discontinuing of an existing road, in such ad-
joining district: provided, that if the application is for a new road, or
changing or discontinuing an existing road in the district in which the
chairman of the board of supervisors resides, then he shall forward
such application to one of the other members of the board, who shall
perform the duties in this section required of the chairman. In case of
an adverse report, the petitioners shall pay into the county road fund all
costs accruing through said petition and view, and it is hereby made a
condition precedent to the consideration of any application that the
petitioners execute and file with cach and every petition a bond in the
penalty of one hundred dollars, payable to the road commissions of
Wythe county, with the condition that in case of any adverse report by
the district road commission or commissions, the petitioners shall pay
to the said county road commissions all costs accruing through said
petition and view. All of such costs shall constitute a part of the county
road fund.

§ 6. That when a new road is to be made the commissioners acting for
the districts in which such road shall be, shall, with county engineer or
some competent surveyor, locate the same so as to approach as near as
a three degree road, if compatible with the best interests of the county;
but no road shall exceed eight degrees for a distance exceeding fifty
yards.

§ 7. That the commission or commissions acting shall assess the dam-
age to the landowners and report their action to the county court, if
deemed advisable to grant the said application; and the judge shall then
cause the said report to be recorded and immediate notice given the land-
owners so damaged; and the landholders so damaged shall have right
to appeal to the county court for increase damages if the sum reported
by the commission or commissions is deemed by them, or any of them,
insufficient, or, in lieu of appealing to the court, they may elect to refer
the cause to the same commission, supplemented by an additional com-
mission, which, however, must be from an adjoining district, and the
cause havi ing been presented and examined the decision shall be final:
provided, however, if the landholders elect to submit their cause to this
court of commissions they must give notice to the chairman of the
board of supervisors within fifteen days after they received said notice
of damages. This shall apply as well to appeal to the county court
and trial by jury. In every case of appeal to court the commonwealth’s
attorney shall appear for the road commission, and all expenses and
costs incident to the defense of such appeal shall be paid out of the
county road funds. If hearing is to be had by court of commissions
the chairman of the board of supervisors shall summon the members of
the commissions and he shall preside. IIe shall require the attendance
of the clerk of the board of supervisors, or a justice of the peace, who
shall administer oaths to witnesses, hear evidence, and record the action
and decision of this joint commission as to the damage allowed. These
tindings shall be reported to the county court for recordation; and if the
commission shall have decided in favor of building the road the dama-
ges shall be paid.

§ 8. If the appeal is to the county court and the trial by jury the case
shall be docketed and the cause determined at the next term of the
county court, and shall also be final, except to appeal as to points of
law. If, within fifteen days after notice has been given to the landholders
of damages allowed by original commissioners viewing any proposed
route, no notice of appeal is filed, then such landholder shall be de sprived
of all right of appeal. In all questions of damages the question of com-
pensating advantages to landholders shall be full y considered before
awarding damages for the opening, changing or extending of any road.

S$ 9. Whether any such appeal be taken or not the board of road com-
missioners for the district or districts in which such rvad shall be located
on paying into court the sum ascertained by the commissions locating
the same, as shown by their report returned to court, may, notwith-
standing the pendency of proceedings, enter into and construct their
work upon or through that part of the land described in such report.
And no order shall be made or any injunction awarded by any court or
judge to stay the proceedings of any such board of road commission in
the prosecution of their work, unless it be manifest that they, their
officers, agents, or servants are transcending their authority, and that
the interposition of the court is necessary to prevent injury that cannot
be adequately compensated in damages.

§ 10. When, after such payment into court, upon an appeal taken
from such report, if the sum thereby ascertained exceed what was sv
paid, judgment shall be given against the county for the amount of such
excess, and if what was so paid exceed the amount of the sum ascer-
tained upon said appeal the excess shall be paid back into the county
road fund.

§ 11. The board of road commission or commissions, when such judg-
ment is rendered against the county, shall thereafter have no right to
possession of the land until the judgment is satistied by payment of the
money to the persons entitled thereto or into court. Upon payment into
court, either of the sum ascertained by the commission in its report
when no appeal is taken, or of such additional sum as may be ascer-
tained upon appeal from such report, the court shall disburse the same
to the persons entitled thereto.

§ 12. That all notices and summons may be served by the sheriff or
his deputies, or by the chairman of the commission, and the compensa-
tion shall be the same as is allowed for similar service by officers.

§ 13. That all new roads shall be made at county expense out of the
county road fund.

§ 14. That all officers created by this law shall for neglect of their
duties be deemed guilty of a misdemeanor, and upon conviction thereof
may be fined not less than ten nor more than fifty dollars.

§ 15. That it shall be the duty of each road commission immediately
after entering upon its duties of oftice to divide the roads and bridges of
their several districts into sections, a record of which division shall be
filed with the clerk of the board of supervisors, and appoint a surveyor
for such section or sections, whose duty it shall be to superintend and
direct the opening, repairing and keeping in order of the county roads,
and make or repair all county bridges of their respective districts for
which they are appointed in such manner and under such regulations
and restrictions as may be prescribed by said commission. ‘The term
of office of such road surveyors shall be one year, commencing on the
first day of August next succeeding their appointment. Such surveyors
shall not be interested in any claim for work done or material furnished
on any road in his district, and any claim for work done by such sur-
veyor or any material furnished by him on any road in his district shall
not be approved and paid by the board of road commissions of the
county except for his own services. Said surveyors shall qualify as
other district oflicers are required by law to qualify, and each of them
shall enter into and acknowledge bond before the court or judge be-
fore whom he qualifies, with surety to be approved by such judge or
court, in the penalty of five hundred dollars. Such bond shall be pay-
able to the board of supervisors of said county, and with conditions for
the faithful discharge of his duties imposed under this act. A vacancy
in the oflice of road surveyor shall be filled by the road commission of the
district wherein the vacancy occurs. A recovery on any such bond shall be
for the benefit of his road district. It shall be the duty of such sur-
veyors to have charge of, and take proper care of, all tools, implements
and machines which may be placed in their charge by the road com-
missions, and at the end of their term of office, or whenever directed so
to do by the ruad commission of his district, to deliver the same to his
successor 1n office, or to such other person as the said commission may
direct, and file receipt for same with said commission. Such surveyor
shall be authorized to hire horses or mules by the day when necessary.
They shall be authorized, and it shall be their duty, to employ all
necessary labor by the month or by the day, or both, as the said road
commissions of the county shall deem best, and such day laborers shall
he paid at a rate not to exceed ten cents per hour for the time actually
engaged in work.

S$ 16. Said commissions shall give personal supervision to all the roads
and bridges in their districts. They shall see that the surveyors are
faithfully performing their duties, and for any failure so to do any road
surveyor so appointed may be removed by said road commission of his
district upon written notice given to said surveyor and an opportunity
given said surveyor, pursuant to said notice, to appear and be heard by
said commission: provided, said commission shall consider cause for re-
moval to exist. And it shall be the duty of each commissioner to cause
the roads in his district to be kept cleared, smoothed of rocks and ob-
structions, of necessary width, and the middle of the bed of the road

raised and sloped gradually each way from the middle to the sides, well

drained and otherwise in ‘good order and secured from the falling of
dead timber therein; at the fork or crossing of every road shall be kept
erected sign boards, on which shall be stated in plain letters the most
noted places to w hich the road leads, and across each stream, when it is
necessary and practical, a suflicient bridge, bench or log for the ac-
commodation of foot passengers; and for each breach of duty, under
any of the sections of this act, said commissioner shall be euilty of
misdemeanor, and upon conviction thereof shall be fined in each such
case not less than ten dollars nor more than fifty dollars.

§ 17. It shall be the duty of each road commission to furnish neces-
sary tools or implements and machines for use of surveyors working
roads under this act, buying such as are necessary only upon order of
the chairman. They shail furnish vouchers for all expenditures, whether
for tools, materials, pay to sur veyors, to laborers hired by surveyors to
work on the roads, engineers, and their own compensation, quarterly,

which, being approved hy the hoard of supervisors, shall be paid from
the county road funds. ‘The said rond commissions of the county shall
determine what compensation shall be paid to such surveyors, 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 compe nsation
shall not at any time exceed the sum of fifty dollars per month, or, if
the road commissions shall deem advisable that such conipensation ‘be
paid by the day, not to exceed the sum of one dollar and fifty cents per

day, for each day of ten hours’ actual work upon said roads; and any
surveyor appointed under this act shall be paid the amount su fixed by
the read commissions, but no surveyor shall receive any compensation
until he shall have been shown to have fully discharged all duties im-
posed ‘upon surveyors under this act, and also fully complicd with the
provisions of the general road law of the state thereto applying for which
no provision has been made under this act.

§$ 18. There shall annually be expended in macadamizing the roads of
Wythe county thirty per centum of the entire road tax, and. this expen-
diture shall be made on such roads in each district as the commission of
that district shall designate.

$19. Said provisions of chapter forty-three of the code of Virginia, as
to all matters not specially provided for by this act, shall be in force in
the county of Wythe, so far as the same is applicable thereto and not in
contlict with this act.

§ 20. The board of supervisors shall annually, along with the county
levy, levy a tax upon the property, real and personal, assessed for taxa-
tion in the several magisterial districts of the county, which shall be
applied to the working and keeping in order and improving the public
roads and bridges in such districts. Such tax shall not be less than ten
or more than twenty-five cents on every one hundred dollars of such
property, and the same shall be collected, accounted for, and paid out
on the warrant of said board as if it were a county levy, except that the
levy for each magisterial district shall be kept separate by the county
treasurer, and a different rate of taxation may be prescribed for different
districts in said county, and the amount collected in each district shall
he expended therein.

§ 21. That the commissioners hereby created shall hold a meeting an-
nually on the first Monday in July in each year at the courthouse for
the purpose of dividing the roads and bridges of the several districts in
sections, electing an engineer, the appointment of surveyors, fixing the
compensation of each, the amount which shall be paid for hire of horses
or mules and teams, the manner in which the laborers shall be employed
to work the roads, and the amount to be paid for such labor, but the
compensation for any such purposes shall not be at a grecter rate than
is specified under this act and for the transaction of such other business
us may properly come before them. ‘They may also hold such special
nicetings, when necessary, at such times and places as they may find
convenient, and shall have power to adjourn from time to time as they
may deem necessary, and at any mectinga majority of the commissioners
shall constitute a quorum.

§ 22. If at any meeting of the district road comission for the dis-
charge of their duties under this act the supervisor and road commis-
sioner fail to agree on any question the clerk of the commission shall
certify the same to the clerk of the board of supervisors, who shall call
i meeting of the road commission of that district to meet at the court-
house upon a day named by him, and by mailing to each member of
said commission a notice of same, and shall also notify the chairman of
the board of supervisors by mailing him a notice of the same; and upon
receipt of the said notice it shall be his duty to attend said meeting,
and at said call meeting the vote shall be again taken upon such ques-
tion, and if there again be a tie it shall be the duty of the chairman of
the board of supervisors to give the casting vote and thereby decide the
question.

2. All acts or parts of acts inconsistent with this act are hereby re-
pealed.

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