Chap. 95.—An ACT to amend and re-enact chapter 573, Acts of 1891-92, entitle
an act for opening and keeping in repair the public roads of Pu: aski CounLY
and to amend and re-enact chapter 494, Acts of 1895-06, entitled an act t
amend the 3d, 15th, and 19th sections, and to repeal and re-enact sections J.
and 17 of an act passed March 2, 1802, entitled an act to provide for openin;
and keeping in repair the public roads of Pulaski county.

Approved Jauuary 20, 1598.

1. Be it enacted by the general assembly of Virginia, That for the
purposes of opening, repairing, locating, and closing the roads of Pulask
county, and for all supervisions and control of the same there shal
be, and is hereby created, a board of road commissions, to be com.
posed of two members from each magisterial district, one of whom shal
be the supervisor of each of said respective districts, and by virtue
thereof chairman of the district board, the others to be freeholders o
the district for which they serve. At the election of district officers ir
nineteen hundred and one there shall be elected one road commissione)
from each magisterial district, whose term of office shall commence the
first of July following, and who shall serve for the term of four years
and until his successor is elected and qualified; and every fourth yea
thereafter there shall be one road commissioner elected for each magis:
terial district to serve a like term of four years. The revularly elected
road commissioner of each magisterial district shall act as clerk of the
commission for his district.

On the qualification of the supervisor and the road commissioner for

each 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 excecding, how-
ever, forty dollars for any one vear.

3. That the commissioners hereby created shall have full power to
open, work, change, or discontinue roads in the district in which thev
reside, and, as the board of road commissions of the county, shall
have control also of the road funds. Each and every) commissioner
under this act shall qualify as other district officers are required by law
to qualify, and upon his qualification shall execute a good and sufficient
bond before the court or judge before whom he qui alifies, with surety to
be approved by such judge or court, in the penalty of two thousand dol-
lars. Such bond shall be pavable to the board of supervisors of said
county, and with condition for the faithful accounting of all moneys
tliat shall come into the county read fund and the faithful disc harge of
his duties under this act.

4. That the board of road commissioners of the county, as herein
provided for, may appoint a competent engineer, whose duty It shall be
Ly survey and locate all new roads, change, or discontinuance of old
roads, furnish all estimates of work to be done, and review and receive
work done in company with the road commissions, and give any needed
information in connection with their work. His compensation shall be

fixed by such board of road commissions of the county, and shall be
42 _LTQNnnole :
paid out of the county road fund; such engineer so appointed may be
removed by a majority vote of the members of such road commissions
of the county, upon written notice given to him, and an opportunity
given him pursuant to said notice to appear and to be heard by such
commission, provided such commission shall consider cause for removal
to exist.

9. That applications for a new road or the changing or discontinuing
of an existing road must be upon the written petition of not less than
five frecholders of the district in which such road is now or is asked to
he located, and who are interested in the road upon which petition is
based. The application so signed, stating clearly and specitically the
change, discontinuance, or route of the new road from point to point,
shall be forwarded to the chairman of the board 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 commis-
sion or commissions), Who shall summons the two members of the road
comnussion from whose district the application has been made and the
members of the commission of any other district affected thereby, and
also the county engineer, and together they shall view said route for new
road, change, or diseontinuance, and cause the said change, new road,
or discontinuance to be made in accordance with said application, or
report adversely, according to their judgment. The chairman shall receive
three dollars per day for his services for work under this section, and
same mileage allowed for attending a meeting of board of supervisors
and any othey duties performed in connection with the district road com-
missions. When the members of such district road commission, or
either of them, is personally interested in the opening or location of
such a road, or is an owner of, or has an interest in the lands or any por-
tion thereof, or related to any person so interested, over which such
new road, change, or discontinuance is asked to be located, then the
chairman of the board of supervisors shall summon the road commis-
sions from the nearest district in which the commissioners may have no
such interest or relationship, and such adjoining road district commis-
sion shall proceed as herein provided upon such application as if the
application were for a new road, or changing or discontinuing of an
existing road in such adjoining district: provided, that if the applica-
tion is for a new road, or changing or discontinuing an existing rcad in
the district in which the chairman of the board of supervisors resides,
then he shall forward said 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 each and every
petition a bond in the penalty of one hundred dollars, payable to the
road commissions of Pulaski county, with the condition that in the 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 con-
stitute a part of the county road fund.
6. That when a new road is to be made the commissions 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
possible 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.

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 said report to be recorded and immediate notice given to the
landowners so damaged; and the landholders so damaged shall have
the 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 hieu of appealing to the court they may elect
to refer the cause to the same cominission, supplemented by an addi-
tional commission, which, however, must be from an adjoining district,
and the cause having 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 davs after they received said no-
tice of damages. This shall apply as well to appeal to the county court
and trial byjury. 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 defence of such appeal shall be paid out of the
county road funds. If hearing is to be by court of commissions the
chairman of the board of supervisors shall summon the members of the
commissions, and he shall preside. He 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 damages allowed. These
findings shall be reported to the county court for recordation; and if
the commission shall have decided in favor of building the road the
damages 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
laws. If within fifteen days after notice has been given to the land-
holders of damages allowed by original commissioners viewing any pro-
posed route no notice of appeal is filed, then such landholder shall be
deprived of all right of appeal. In all questions of damages the ques-
tion of compensating advantages to landholders shall be fully consid-
ered before awarding damages for the opening, changing or extending of
any road.

9. Whether any such appeal be taken or not the board of road com-
mission for the district or districts in which such road 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 he made or any injunction awarded by any court or
judge to stay the proceedings of any such board of read,.gommission mM
the prosecution of their work, unless it be manifest that they, their offi-
cers, 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 inte court, Upon an appeal taken from
such report, 1f the sum thereby ascertained exceed what was so paid,
judgement shall be given against the county for the amount of such ex-
cess, and if what was so paid exceeds the stm ascertamed upon said
appeal the excess shall be paid back into the county road fund.

11. The board of road commission or commissions, When such jude-
ment is rendered agaist the county, shall thereafter have no richt. to
possession of the land until the Judgment is satistied by payment of the
money to the persons entitled thereto or ito court. Upon payment
Into court, either of the sum ascertained by the commuission in its report
when no appeal is taken, or of such additional stm 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 comission, and the compensation
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 a chain-gang be organized, and prisoners who have been
convicted of misdemeanor in the county and sentenced to the payment
of fines, or confinement In jail, and who refuse to pay such fines, and
have no means out of which the same may be made and collected ac-
cording to law, may be worked upon the reads at such points as can be
made profitable. Where prisoners are worked under this section they
may be kept from jail fora period not exceeding tive days at a time,
under proper guard, and may be lodged in tents or wagons; but in all
cases prisoners must be returned to jail at four o’ clock, post-meridian,
Saturdays. A-receipt from the board of road commissions of the county
for the amount of such fine, to the prisoner perfornung such labor, pre-
sented to the clerk of the court in which such fine is of record, shall be
sufficient to authorize Imm to mark such fine satisfied on the record.
The elerk, in his annual report of fines to the auditor of public ac-
counts, shall report the fact that such fines have been satistied by labor
performed on the roads, as herein provided for, and account to the
auditor for the amount of money paid over to him by the county on
account of such fine. AT] necessary details for the working of the chain-
gang, not herein provided for, shall be governed by the general law in
reference to the chamn-gangs. The county shall be responsible to the
commonwealth for one-half of such fine.

15. That all officers created by this law shall, for neeleet of their
duties, be deemed guilty of a nuasdemeanor, and upon conviction thereof
nav be fined not less than ten nor more than fifty dollars.

16. That it shall be the duty of each read conmnission lninediately
after entering upon its duties of oflice to divide the roads and bridges of
their several districts Into sections, a record of which divisions shall be
tiled with the clerk of the board of supervisors, and appoint a surveyor
for such section or sections, whose duty it slid] 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 preseribed 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 surveyor
or any material furnished by him on any road in his district shall not
he approved and paid by the board of road cominission of the county, ex-
cept for his own services, Said surveyors shall qualify as other district
officers are required by law to qualify, and each of them shall enter
into and acknowledge bond before the court or judge before whom he
qualities, with surety to be approved by such judge or court, in the
penalty of five hundred dollars. Such bond shall be payable 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 office
of road survevor shall be tilled by the road commission of the district
wherein the vacaney occurs, A recovery on any such bond shall be for
the benefit of his road district. It shall be the duty of such surveyors
to have charge of, and take proper care of, all tools, implements and
machines wlich may be placed in their charge by the road commissions,
and at the end of their term of office, or whenever cirected so to do by
the read commission of his district, to deliver the same to his successor
in office, or to such other person as the said commission may direct,
and file receipt for same with said commission. Such surveyors shall
be authorized to hire horses or mules by the day at a rate not to exceed
one dollar per day while actually engaged in work, when necessary.
They shall be authorized, and it shall be their duty, to employ all neces-
sary labor by the month or by the day, or both, as the said road com-
missions of the county shall deem best, and such day laborers shall be
paid at arate not to exceed ten cents per hour for the time actually en-
eacedk in work,

17. 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
survevor so appointed may be removed by said road commission of his
district upon written notice given to said surveyor and an opportunity
yiven said surveyor, pursuant to said notice, to appear and be heard by
suid commission: provided said commission shall consider cause for
removal 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
obstructions, 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 which each road leads, and across each stream, when it
is necessary and practical, asufficient bridge, bench or log for the accom-
modation of foot passengers; and for each breach of duty under any of
the sections of this act said commision shall be guilty of misdemeanor,
and upon conviction thereof shall be fined in each such case not less than
ten dollars nor more than fifty dollars.

18. It shall be the duty of each road commission to furnish necessary
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 shall furnish vouchers for ‘all expenditures, whether
for tools, materials, pay to surveyors, to laborers hired by surveyors to
work on the roads, engineers, and their own compensation, quarterly,
which, being approved by the board of supervisors, shall be paid from
the county road funds. The said road 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 compensation
shall not at any time excecd the sui of fifty dollars per month, or if
the road commissions shall deem it advisable that such compensation be
paid by the day, not to exceed the sum of two dollars per day for each
day of ten hours actual work upon said roads; and any surveyor ap-
pointed under this act shall be paid the amount so fixed by the road
commissions, but no surveyor shall receive any compensation until he
shall have been shown to have fully discharged all duties imposed upon
surveyors under this act, and also fully complied with the provisions of
the general road law of the state thereto applying for which no provision
has been made under this act.

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 Pulaski, so far as the same are applicable thereto and not
in conflict with this act.

20. That for the purpose of this act the board of supervisors shall
annually levy a capitation tax of fifty cents on every male citizen over
the age of twenty-one years, and a tax not to exceed twenty cents on
the one hundred dollars on the assessed value of the real estate and per-
sonal property in the county of Pulaski for the benefit of the road fund.

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 the 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 a greater rate
than is specified under this act, and for the transaction of such other
business as may properly come before them. They may also hold such
special mectings, when necessary, at such times and places as they may
find convenient, and shall have power to adjourn from time to time as
thev may deem necessary; and at any meeting a majority of the com-
missioners shall constitute a quorum.

22. If at any meeting of the district road commission 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
a 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
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 mecting;
and at said called 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. | )

23. The term of office of the members of the district road boards
heretofore appointed by the supervisor and road commissioner of each
district shall terminate upon the passage of this act; but the road com-
missioners for each district elected at the last election for such officers
shall hold office and perform their duties, under the provisions of this
act, during the term for which they have been elected, or until their
successors qualify.

24. All acts and parts of acts inconsistent with this act are hereby
repealed.

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