Chap. 657.—An ACT to amend and re-enact an act approved March 3, 1898,
entitled an act to provide for the working and keeping in order all the
public roads and bridges in the county of Hanover, and to amend and
re-enact an act entitled an act to provide for the appointment of a road
commissioner in each magisterial district in Hanover county and to define
his duties and powers, approved February 25, 1892.

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Approved February 27, 1900.

1. Be it enacted by the general assembly of Virginia, That an act
approved March third, eighteen hundred and ninety-eight, entitled an
act to provide for the working and keeping in order all the public roads
and bridges in the county of Hanover, and to amend and re-enact an
act entitled an act to provide for the appointment of a road commis-
sioner in each magisterial district in Hanover county, and to define
his duties and powers, approved February twenty-fifth, eighteen hun-
dred 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 the
judge of the county court of Hanover county, upon the recommendation
of the board of supervisors of his county, shall at the May term of
his court, in the year eighteen hundred and ninety-two and every two
years thereafter, appoint for each magisterial district in said county
one commissioner of roads, who shall, on taking oath before the clerk
of the court, the usual oath of office required of other county or dis-
trict officers, enter upon the duties of his office on the first day of July
following his appointment, and continue in office for a term of two
years, or until his successor is appointed and qualified: provided, that
such judge may, if he think proper, reject the recommendations made
in either or all of the districts in said county, and unless the board of
supervisors recommend other persons suitable, in his opinion, for said
office within thirty days after their recommendation has been rejected,
he shall fill the said office by his own appointment, in term time or in
vacation. No recommendation, however, made by the board of super-
visors shall be rejected by the judge except for reasons entered of
record. Said road commissioner shall receive a salary of one hundred
dollars per annum, to be paid by the board of supervisors by warrants
drawn on the treasurer of said county, at such times as to them may
seem proper.

$2. The board of supervisors of Hanover county shall have general

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charge of all the public roads and bridges of Hanover county, and shall
pay all the costs and expenses of making, building, opening, and main-
taining them out of the county levy.

§ 3. That the road commissioners of each magisterial district of
Hanover county shall superintend the roads in his district. He shall
cause the same to be kept cleared, smoothed of rocks and other obstruc-
tions; of necessary width, not less than sixteen feet in any case; well
drained and otherwise in good order, and secure from the falling of
dead timber thereon. He shall cause to be placed and kept at important
forks, or crossings in his precinct, a sign board properly lettered,
and across every stream where it is necessary and practicable, a
sufficient bridge, bench, or log for the accommodation of foot
passengers. When any more important bridge is necessary, and it
is practicable for him to have it made, he shall cause it to be made
twelve feet broad at the least, and safe and convenient. Every bridge
or causeway in his precinct shall be kept by said commissioner in as
good order as the means in his power will permit. And to that end
he shall have the care and custody of all teams, gear, harness, road
machines and other road implements and tools now belonging to his
magisterial district, or that may be hereafter purchased or provided by
the board of supervisors for his district. And he shall have authority
to hire and employ all necessary labor and teams in the discharge of
his duties. But the said road commissioner shall be and act under
and subject to the control and direction of the supervisor of his district
in the discharge of his duties as commissioner, and shall not hire any
labor or teams or incur any other expense except with the said super-
Visor’s approval.

§ 4. All costs and expenses of making, opening, and maintaining said
roads and bridges, and keeping the same in repair shall be allowed and
paid by the board of supervisors, upon itemized accounts certified to be
correct by the supervisors and road commissioner of the magisterial
district in which the work is done, such certificate to be made on the
back of each account.

§ 5. The road commissioner may take from any convenient lands so
much wood, stone, gravel, or earth, as may be necessary to be used in
constructing or repairing such road or any bridge or causeway therein;
and may, for the purpose of draining the road, cause a ditch to be cut
through any lands adjoining the same: provided, such wood and other
articles be not taken from, and such ditch be not cut through, any lot
in a town, yard, or garden, without the consent of the owner.

§ 6. If the owner or tenant of any such lands shall think himself in-
jured thereby, a justice, upon application to him, shall issue a warrant
to three freeholders, requiring them to view the said land and ascertain
what is a just compensation to such owner or tenant for the damage to
him by reason of anything done under the preceding section. The said
freeholders, after being sworn, shall accordingly ascertain such com-
pensation and report the same to the board of supervisors, and an
allowance shall be made therefor in the next county levy.

§ 7. The road commissioner and the supervisor of each magisterial
district shall be responsible for the conditon of the roads and bridges
in their district, and the failure to discharge their duty shall be a mis-
700 ACTS OF ASSEMBLY,

demeanor, and either or both of the said officers, on conviction thereof,
upon a warrant before a justice of the peace, shall pay a fine of not
less than five dollars nor more than twenty-five dollars.

§ 8. The road commissioner, at such time or times as the board of
supervisors may require, shall make out an account of all work that
has been done by him previous to the said report and not before re-
ported by him and also what expenses have been incurred, and what
money expended in the maintenance of the roads and bridges, and make
report thereof to the said board; and also state what amount of money
may be needed by him at any time in the discharge of his said duties.
The said board of supervisors may, if, in their opinion, the said work
should be done, and the amount required be expended as reported by
him, provide the said amount out of the county levy, and pay anv
amounts that may be due for the work so done by him; all bills, how-
ever, to be approved by the board of supervisors and said road com-
missioner, as hereinbefore provided.

§ 9. So much of the act entitled an act to provide for the appoint-
ment of a road commissioner in each magisterial district of Hanover
county, and to define his duties and powers, approved February twenty-
fifth, eighteen hundred and ninety-two, as is not contained in this act.
is hereby repealed, and all other acts and parts of acts inconsistent with
this act are hereby repealed.

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