Chap. 807.—An ACT to provide for the establishment, alteration, discon-
tinuance, and working and keeping in repair the roads and bridges of Giles
county, and to punish obstructions of the road commissioners in the dis-
charge of their duties.

Approved March 5, 1900.

1. Be it enacted by the general assembly of Virginia, That for the
purpose of establishing, altering, discontinuing, working, and keeping
in order the roads of Giles county, and for all supervision and control of
same, there shall be,and is hereby, created a board of road commissioners,
to be composed of two members from each magisterial district of said
county, one of whom shall be the supervisor of each of their respective
districts, and by virtue thereof chairman of the district board, the
others to be freeholders of the district for which they serve, and there
shall be elected by the qualified voters of Giles county at the spring
election for district officers, nineteen hundred and one, one road com-
missioner for each magisterial district, whose term of office shall com-
mence the first day of Fuly following, who shall serve for a term of two
years and until his successor is elected and qualified; and every second
year thereafter there shall be elected as aforesaid, one road commissioner
as aforesaid for each magisterial district, to serve for a like term of two
years. The road commissioners heretofore appointed for Giles county,
under former acts of the general assembly, shall be the road commission-
ers, and who, together with the said supervisors of their several districts,
shall perform the duties hereinafter named, until their successors are
elected and qualified; they shall, however, at the April term of the
county court of Giles county, give the bond hereinafter provided for
road commissioners, and upon their failure to do so the said county
court shall appoint other commissioners at said April term in their place.
The regularly elected road commissioner to each magisterial district shall
act as clerk of the district board of commissioners for his district. On
the qualification of the supervisor and the road commissioner for each
magisterial district, they shall constitute the road commission for each
istrict.

2. That the commissioners 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, twenty-five dollars for one year, except that the regularly elected
district road commissioner may receive such additional allowances as
is hereinafter provided for; said sums to be paid out of the district road
funds for their respective districts.

3. Each and every road commissioner elected 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 qualifies, with sureties to be approved
by such court or judge, in the penalty of two thousand dollars. Such
bond shall be payable to the board of supervisors of Giles county, with
condition for the faithful accounting for all moneys that shall come
into the county or district road fund under his control, and for the
faithful discharge of his duties as such commissioner. That application
for a new road, or changing or discontinuing an existing road, must
be upon written petition addressed to the district board of road com-
missioners in which such road is now, or is asked to be located, or in
which a part thereof is, stating clearly and specifically the change, dis-
continuance, or route of the new road from point to point, also stating
the names of the landowners through whose lands the proposed new
road or alteration extends, which shall be signed by the petitioner or
his counsel and forwarded to the clerk of the county court of Giles
county, who shall forthwith issue a summons to the two members of the
road commission in whose district the proposed road, alteration, or dis-
continuance is; and if in more than one district, then also to the mem-
bers of the commission of any other district affected thereby, and also
to a supervisor from the district other than that in which any of the
proposed locations, alterations, changes, or discontinuances are, to appear
at a point on the proposed road, change, alteration, or discontinuance
to be named in the summons at the time named therein, and not more
than thirty days from the issuance thereof, and together they shall view
said route for the new road, change, or discontinuance, and hear such
evidence relevant thereto as may be offered to them, and cause said
change, new road, or discontinuance to be made in accordance with said
application; or, if such road commission upon a view of such proposed
route are of opinion that a better location for such proposed new road or
change can be obtained by reviewing another route, then in that event
the said commission may cause such change to be made, or new road
to be opened, and in their report give the reasons for the alterations
made by it in the location specified in the petition, stating clearly and
specifically the change or route of the new road from point to point,
also stating the names of the landowners through whose lands the pro-
posed new road or alteration extends, or report adversely, according to
their judgment. They, or any one of the commissioners attending, may
adjourn the proceedings from time to time and place to place, and shall
have the same power to summons and compel the attendance of witnesses
that the courts now have, may employ a competent surveyor when neces-
sary, atid a majority of said board of road commissioners shall decide
all questions. ‘The clerk of the county court of Giles county will, at
the time of issuance of the summons to the members of the road com-
mission issue a summons to the landholders named in said petition to
appear at the same time and place named in the summons to the road
commission, to show cause against the establishment, alteration, or dis-
sontinuance, xnd should said petition omit any landowner interested,
the summons to said interested landowner may be issued on the appli-
cation of any party in interest, either by said clerk or by any one of
said board of road commission, and said summons may be served in any
manner that notices under the law may be now served, or in any manner
that the general law allows notices to landowners to be served under
the general road law.

The action of the board of road commission in establishing, changing,
or discontinuing such road, or refusing to establish, alter, change, or
discontinue the same shall be final, except and unless an appeal be
prayed for and allowed as hereinafter provided.

When the members of such district road commission or either of them
is personally interested in the opening or location of such road, or is
the owner of, or has any interest in the lands or any portion thereof, or
is related to any person so interested in the third degree, or is so situated
in his opinion as to render it improper for him to pass upon the ques-
tion of the opening or location of such road, change, or discontinuance,
then the clerk of the county court of Giles county shall summons from
some other road district in said county some other member of the road
eommission, who shall act in his place and stead.

4. From any order establishing a new road, or making any alterations
or change in an existing road, or from discontinuing a road, or from
refusing to establish, alter, change, or discontinue the same, any party
in interest, who feels aggrieved thereby, or the county of Giles, by the
commonwealth’s attorney, may, at the time, pray the commission making
such order for an appeal to another commission, and if such party tender
bond with approved security, to be approved by said commission in the
penalty of one hundred dollars, conditioned to pay all the costs of the
appeal in the event that the order appealed from is affirmed, except
that no bond shall be required of the county, the said commission mak-
ing such order shall allow the appeal, certify the bond has been given
and approved, and forthwith return all papers to the clerk’s office of the
county court of Giles county; thereupon it shall be the duty of the clerk
of the county court of Giles county to immediately issue a summons to
three members of the road commissions, other than those who made the
order appealed from, to appear at some point on the road in controversy,
the point to be named in such summons, at the time named in said sum-
mons, to hear said appeal. At the time of issuing the summons, the
clerk will also issue a summons to the other parties in interest return-
able at the same time and place, which may be served in the same man-
ner as summons in the first instance are allowed to be served; and said
summons shall not be returnable more than fifteen days from the date
thereof; and said last-named commission shall together view said route
for the new road, change, or discontinuance; and shall have power to
compel the attendance of witnesses; and may adjourn from time to time
and place to place, but no adjournment to be longer than five days;
they shall hear all proper evidence offered before them, and shall then
decide whether or not the order appealed from shall be affirmed or
reversed. If affirmed, they shall say so, and no more; if reversed, they
shall make such order as in their judgment the first commission should
have made.

Should said commission, either the first or last commission, establish
a road, or make any changes or alterations in the same, they shall assess
the damages to the landowners, and report their action to the county
court, with a full description of the road established, alteration made, or
road discontinued, stating the width and degree of the road established
and alteration made; and if said report be a report from which no appeal
has been allowed, or if it be a report from which an appeal has been
allowed and affirmed, or a report of the second commission, the same
shall be recorded by the county court in its order book; and any order
made by a second commission establishing a road, or making any changes
or alterations in an existing road, shall be final, and not reviewable hv
any court on any process; but any landholder damaged shall have the
right to appeal to the county court, if the sum reported by the com-
mission or commissions is deemed by him or any of them insufficient.
The appeal shall be only for increased damages, and the action of the
commission in establishing, changing, or altering said road shall not
be brought into question. If any landholder damaged desires to appeal
to the county court on the question of damages, he may, within thirty
days after said report is filed in the clerk’s office of the county court,
apply to said county court, or to the judge thereof in vacation, for an
appeal on said question of damages, or the commonwealth’s attorney
may, in the same manner, take such appeal for the county, except no
bond shall be required in any case whcre the county is appellant; and
the same shall be allowed by said court or judge, and the cause placed
on the docket for trial at the next term of the county court. No appeal
shall be allowed after the expiration of said thirty days.

5. A trial of said appeal shall be by jury, unless the same be waived
by all parties, and without formal pleading, and shall be final, except
to appeal as to points of law. In all questions of damages the question
of compensating advantages shall be fully considered in awarding dam-
ages for the opening, changing or extending any road, and in case of
every appeal and every other matter connected with this act the road
commission shall he represented by the commonwealth’s attorney of
Gules county.

6. Whether any such appeal on the question of damages shall be taken
or not, the board of road commissioners for the district or districts in
which such road shall be located on paying into the county court of Giles
county the sum ascertained by the commissioners locating the same, as
shown by their report returned to court, may, notwithstanding the pen-
dency 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, if 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 court is
necessary to prevent injury that cannot be adequately compensated in
damages. :

7. When after such payment into court, upon appeal taken from such
report, if the sum thereby ascertained exceed what was so paid, judg-
ment shall be given against the county for the amount of such excess,
and if what was so paid exceed the amount of the sum ascertained upon
such appeal the excess shall be paid back to the county road fund and
judgment therefor and for the costs of appeal shall be rendered against
the appellant.

8. When an appeal is taken and the money paid into court, the court
shall disburse the same to the parties entitled thereto, and where no
appeal is taken the same shall be disbursed to the parties entitled thereto
by the commission.

9. Wherever any of the landowners are infants or suffering under
any legal disability, the proceedings shall not be stayed, but the clerk of
the county court of Giles county shall appoint for such persons a guar-
dian ad litem in the same manner as he/is authorized, or any clerk of
any court is authorized to appoint a guardian ad litem for infant de-
fendants, and said guardian ad litem shall represent said infant, or such
persons under legal disabilities, and shall receive the same compensa-
tion, payable in the same manner and from the same source, had the
matter been pending in the court, the amount to the guardian ad litem
to be determined by the county court of Giles county, and all notices
and summons may be served by the sheriff or his deputies, and their
compensation, and the compensation for the clerk of Giles county court
shall be the same as allowed said officers for similar services, and any
road commissioner in the discharge of his duties under this act, wherever
the same may be necessary, is empowered to administer an oath.

10. That all damages for new roads and alterations of roads, and the
costs of the proceedings to establish such new roads, or making altera-
tions in existing roads, shall be at the county’s expense and payable
out of the county levy, and all expense for making of the new road,
or for alterations in existing roads, and for keeping the same in repair
after the same has been established or altered, shall be paid out of the
district road fund.

11. The district road commission in establishing a road may direct
that it be opened and kept in order by persons for whose convenience
the same is desired, and the same shall not be an established road until
the person or persons so designated in the commission’s report shall
file with the chairman of the district in which the road is an agreement
that he or they will open same and keep the same in order.

12. All applications pending in the county court of Giles county for
establishing or altering any road when this act shall go into effect, and
which is not proceeded in as the return of the report of the viewers,
or which the viewers have reported unfavorably to the proposed road,
shall be dismissed, and said court may make such order as to costs as
to it may seem right, and all suits pending in said court at the time this
act goes into effect, which are proceeded in as far as the filing of the
viewers report, in which the viewers have reported favorably, shall be
referred by the court to the district board of commission in which said
district the proposed road is, and the clerk of the court of Giles county
shall immediately issue the summons provided for by section third,
and the board of road commission shall act thereon in the same manner
as if a petition for same, as required by section three of this act,
had been regularly filed, or at the option of the applicants in said pend-
ing applications may dismiss their applications and begin anew under
this act.

13. That all new roads established, changes and alterations made
shall be of the width and grade to be determined by the road commis-
sion viewing, establishing, or changing same, and the same shall be
established with or without gates as they deem best, and in case they
report adversely upon any petition, the petitioners shall pay into the
county fund all costs accruing through said petition and view, unless
said commission in their discretion relieve said petitioner from such
costs, and the same may be recovered from petitioner by suit at law or
warrant before a justice in the name of the board of supervisors of Giles
county.

14. For the purpose of opening, changing, working, and keeping
in repair, for the purpose of building or repairing the bridges and foot-
ways in said county, it shall be the duty of the board of supervisors of
said county to levy an annual tax, not exceeding twenty-five cents on
the one hundred dollars’ worth of all taxable property in said county,
both real and personal. The amount from each magisterial district
shall be kept separate, and shall be known as the district road fund,
twenty per centum of which shall be annually expended in macadamiz-
ing and making other permanent improvements thereon in such a man-
ner, and at such points as the commissioners may think fit.

15. The district board of road commission for each district shall meet
annually at the courthouse of Giles county, not less than three times
a year, and at such other times as they deem proper,.and shall keep a
regular record of their proceedings, which said record shall be left with
the clerk of the county court of Giles county and open for inspection.
The said district board of road commission for each district shall have
the entire charge and management of the manner of working and keep-
ing in repair all the road of said county, and also building a new road,
or changes in a road after any road has been established or changed as
hereinbefore provided. The said opening and changing and keeping in
repair of said roads shall be by the appointment of road overseers and
employment of hands, teams, and so forth, or by chain-gang labor, or
by letting to contract as to all or any part of said roads in their respec-
tive district. The building or repairing of any bridge or foot-way in
said county shall be directed by the commissions of the respective dis-
tricts, after any bridge shall have been directed to be built as now pre-
scribed by law.

16. The said several regularly elected road commissioners shall have
power and authority to draw his warrant in favor of the parties entitled
thereto upon the district road fund of their respective districts, and on
any other fund that may be placed to their credit by the board of super-
visors of Giles county, on the treasurer of Giles county, who shall pav
the same out of said fund as other warrants are now paid, except that
it shall not be lawful for such district road commissioners to draw any
warrant for any claim in which he has an interest, but all claims in
which said road commissioner has an interest shall be presented to, and
if proper allowed by the board of supervisors, and shall be paid out of
the district road fund on the warrant of the board of supervisors.

17. While as before enacted it shall be the duty of the district board
to decide on the manner of working and keeping in repair the roads of
said county, and whether the same shall be done by letting to contract or
appointment of overseers, and so forth, it is, and shall be, the exclusive
province of the regularly elected road commissioners, after this has

een decided upon by the district board, to determine which of said
roads in his district shall be worked first, and how much of the district
road fund shall be expended upon each of the respective roads.

18. Each board of road commission shall, on the first day of July of
each year, file a written report addressed to the board of supervisors
of Giles county of all moneys expended under this act, and by whom
expended, and upon what roads expended, and for what purpose, the
amounts due, and to whom. Such reports shall be verified by affidavit,
and with the further affidavit that no member of such commission was
interested, either directly or indirectly, in any of the claims or payments
set forth in said report, except those which shall have been allowed him
by the board of supervisors and specifically designated. And in addi-
tion to said report they will, in the month of January and in the month
of July, make a settlement with the board of supervisors, showing all
money that came into their hands and disbursement thereof.

19. No road commissioner or overseer shall be interested, either di-
rectly or indirectly, in any contract given under the provisions of this
act, except any said road commissioner, elected as aforesaid, may super-
intend in person, with the sanction of the board of supervisors, any work
on any road in his district, and receive such additional compensation
therefor as the board of supervisors may agree on.

20. The said road commissioners, elected as aforesaid, shall have the
right, after giving reasonable notice to the parties in interest, to re-
move any fences, wood piles, or other obstructions which are in said
road, and any person who by threat, force, or otherwise shall attempt
to hinder, delay, or prevent the said commissioner from performing
his duty shall be deemed guilty of a misdemeanor, and fined not less
than twenty dollars nor more than one hundred dollars, or be confined in
the county jail not exceeding six months, or both.

21. 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 shall fail to agree on any question, they shall notify the judge of
said county, who shall at the same or next meeting cast the deciding
vote as to such questions.

22. If the supervisors and road commissioners, or either of them,
wilfully violate any of the provisions of this act or wilfully fail to per-
form any of the duties required by this act, they shall be deemed guilty
of a misdemeanor and punishable by a fine of not less than twenty
dollars nor more than one hundred dollars, and upon conviction thereof
shall be removed from his office by the county court of Giles county.
All prosecutions for violation of any of the provisions of this act shall be
in the county court of Giles county, and be by indictment.

23. All acts and parts of acts, and general laws in conflict with this
act, or any of its provisions, are hereby repealed.

24. This act shall be in force from its passage.
Whereas it appears that Lucy E. Yancey, of Bedford county, Vir
ginia, has paid taxes on five hundred and sixteen and three-quarter acre
of land in said Bedford county, Virginia, from eighteen hundred an
seventy-three to eighteen hundred and eighty-five, and on four hun
dred and twenty acres of land from eighteen hundred and eighty-six t
eighteen hundred and ninety; and

Whereas by order of the county court of Bedford, Virginia, enterec
on the fourth day of September, eighteen hundred and ninety, it appear
that said tract of land contained only three hundred and fifty acres o
land: therefore,

1. Be it enacted by the general assembly of Virginia, That th
auditor of public accounts shall issue his warrant on the public treasur:
in favor of said Lucy E. Yancey for the amount she has so paid th
state of Virginia—to wit: one hundred and ten dollars and seventy-fiv:
cents.

2. The board of supervisors of said county shall also issue thei:
warrant on the treasurer of said county in favor of said Lucy . Yance
for the amount she has so paid the county of Bedford as county levies—
to wit: one hundred and sixty-six dollars and thirteen cents.

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