Chap. 881.—An ACT for working and Sepik in order the public roads of Meck-
lenburg county, and to provide for the levy cf taxes for that purpose.

Approved March 6, 1900.

1. Be it enacted by the general assembly of Virginia, That the
several magisterial districts of Mecklenburg county shall be separate
road districts, and it shall be the duty of the county court at its first
term after the passage of this act, and annually thereafter at its Novem-
ber term, to appoint two discreet persons from each magisterial dis-
trict as members of the road board of said district, who shall hold their
office for the term of two years from the first day of January follow-
ing their appointment, or until their successors are appointed and
qualified: provided, that terms of the commissioners first appointed
under this act shall begin immediately upon their appointment and
qualification, and end on the first day of January, nineteen hundred
and one. Such persons shall qualify by taking the oath of office pre-
scribed by the general laws, and if by reason of death, resignation,
removal, or refusal to serve a vacancy shall occur, the county court
shall, at its next term succeeding such vacancy, appoint some suitable
person to fill the unexpired term of the office so vacated: provided,
that no person holding the office of justice of the peace shall be ap-
pointed a member of a road board. It shall be the duty of the county
court to designate one of the persons appointed under this section, to
be known as the commissioner of roads, for each road district.

2. The supervisor of the magisterial district and the two persons
appointed under section first shall constitute a board of road commis-
sioners of said district, the supervisor, as aforesaid, to be chairman of
said board. They shall, as soon as organized, appoint one of their
number to act as clerk, who shall give bond, to be approved by said
district board, in the penalty of not less than two hundred ($200.00)
dollars, conditioned for the faithful performance of his duties.

3. The board of road commissioners of each district, as above con-
stituted, shall have entire charge of the working and keeping in repair,
all roads in their respective districts. The said board shall employ
a suitable person possessed of skill and intelligence as to working of
roads, to be known as road superintendent for said district. Each road
superintendent, under the direction of his board, shall work, and cause
to be worked and kept in good order for public travel, all of the
public roads of his district. He shall, as far as practicable, cause the
roads under his charge to to be kept clear and smooth, free from loose
stones and other obstructions, thirty feet wide, unless otherwise ordered
by the road board, and where practicable the bed of the road raised
in the middle and slope gradually at each wav to the sides, where ditches
sufficient to carrv off the water shall be made and kept open. He
shall also cause all dead timber liable to fall in the road, to be removed.
He shall keep at the fork or crossing of everv road, a sign board, on
which shall be plainly lettered the most notable points to which each
road leads, and a sufficient bridge, bench or log, for the accommodation
of foot passengers. He shall also, if directed by the board, provide
suitable watering places on the lines of roads under his charge, for
the accommodation of stock and persons (and for failure to discharge
his duties he shall be liable to presentment by the grand jury of the
county court, and upon conviction before the county court which shall
have jurisdiction to try same, be fined not exceeding fifty dollars
($50.00). To enable him to comply with the above provisions he shall
employ, at prices to be fixed by the road board, all labor necessary
for the purpose, and shall employ all necessary tools and teams: pro-
vided, the same be not furnished him by the road board at prices to
be fixed by said board. The road boards are authorized, if thev deem
best so to do, to buy or otherwise arrange for the necessary tools and
team for working of roads, which shall be taken care of by the super-
intendent of roads unless otherwise ordered by their road board and
used for working of public roads. Each road board shall fix the com-
pensation of the superintendent of roads. The clerk and commissioner
of roads in each district, shall each receive a per diem of one dollar
($1.00) for each day actually employed: provided, the pay to each
shall not exceed ten dollars ($10.00) in any one year. The cost inci-
dent to, and of working and keeping in order the roads of each district,
shall be paid by warrant of road board on the treasurer of the county,
out of the respective district road fund, apportioned to each road dis-
trict by the board of supervisors as hereinafter provided.

4. Any person causing water to be conveyed into or across a public
road, shall place and keep bridges over the same at his or her expense,
and for violation of this section such person shall be liable to present-
ment by the grand jury and upon conviction thereof before the county
court shall be fined not exceeding fifty dollars.

5. The superintendent of roads may take from any convenient land
s0 much wood, gravel, or earth as may be necessary to be used in the
construction or the repairing of such roads, or any bridges or causeways
therein, and mav, for the purpose of draining the road, cause a ditch
to be cut through anv lands adjoining the same: provided, any such
wood or other article be not taken from any such ditch or be not cut
through any lot in a town, yard, or garden, without the consent of the
owner.

6. If any 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 of the district, requiring them to view the said
ands, and ascertain what is a just compensation to such owner or tenant
for the damages to him by reason of anything done under the preceding
section. The said freeholders, after being sworn, shall accordingly
ascertain such compensation, and report the same to the district road
»oard, who shall allow same: provided, they deem amount reasonable
und audit the same among claims against said district. Should said
yoard or the owner or tenant either be dissatisfied with same and so
‘eport, and they cannot agree upon an amount, all the papers shall
ye removed to the county court which shall determine the matter in
controversy.

%. The county board of supervisors, at their regular annual meet-
ng, or such adjourned meeting before the annual levy closes, as thev
nay deem practicable, shall examine all statements of the district hoards
aid before them, having power to correct any errors that may be found
therein, and shall levy a tax annually upon all property in the county—
including the property in all the incorporated towns in said county—
not to exceed twenty-five cents on the one hundred dollars’ worth of
property, for working and keeping in order the roads of the county,
said funds to be apportioned to the several road districts according
to the number of miles of said road in each district.

8. The board of supervisors may, in their discretion, in addition to
the tax for road purpose above provided for, levy a tax on each dog,
male and female, in said county, not to exceed one dollar ($1.00) each.
The funds arising from such tax shall be apportioned to the several
road districts as other road funds are apportioned.

9. It shall be the duty of each commissioner of the revenue, in
making his assessment of other taxes, to extend upon his books opposite
the name of each person assessed with real or personal property therein,
in a separate and distinct column, including such tax on dogs as the
board of supervisors may authorize, the amount of road tax for which
each is liable, and for this service he shall receive a compensation not
exceeding one and one-half per centum of the total amount of road tax
assessed, to be fixed by board of supervisors, payable out of the road
funds in the county treasury.

10. The treasurer of said county shall enter said road tax assessed
as provided in the preceding section, upon his tax bills, in a separate
column, against all persons liable therefor, and collect the same in
such manner as is provided by law, for the collection of other taxes.
He shal] also keep a road tax account with each road district, and
when said taxes are apportioned, shall pav all road warrants presented
to him, signed bv a district board clerk and countersigned by the
chairman of said board, crediting each district with the amount of road
tax apportioned, and charging each district with all road warrants issued
thereon, and paid bv him; shall also settle his accounts relating to
road tax annually with the board of supervisors, at such time as said
board may order, and for this service he shall receive the same rates
of per centum upon the road tax as is now allowed by law, for the
collection of other taxes.

11. Every petition for a new road, or to lay out, open, alter, or change
a public road, must first be presented to the commissioner of roads of
the district in which the road is, who shall endorse thereon his approval
or disapproval of the same, and his reasons therefor, which petition and
commissioner’s report shall be laid before the county court to be pro-
ceeded in as is now provided in the general road law of the state.

12. The court shall; however, if the damages assessed be allowed.
order the said damages to he paid out of the funds allowed each road
district or districts through which the road may pass, in such pro-
portion as the damaces mav have been assessed in the said districts,
respectively, the viewers to be paid the sum of one dollar per diem for
the time actually emploved. out of the county treasury.

13. In case of a road or line dividing two road districts, excepting
such as mav he otherwise provided bv special act, the commissioner of
roads of the adjoining districts shal] divide the said road between such
districts in such wav as will equitably divide the expenses, in case they
can agree, and in case they cannot agree, the county board of super-
visors shall divide the same and direct what part.of said road shall be
opened and kept in repair by each road district.

14. The several boards of road commissioners, or any of them, may
make all suitable and necessary arrangements for care, custody and
supervision of such prisoners sentenced to or confined in the county
jail, as may be turned over to them, to work on public roads, by the
order of the county court, or by the direction of the board of super-
visors under the provisions of sections thirty-nine hundred and thirty-
two, thirty-nine hundred and thirty-three, thirty-nine hundred and
thirty-four, thirty-nine hundred and thirty-five, thirty-nine hundred and
thirty-six, and thirty-nine hundred and thirty-seven of the code of
Virginia.

15. The several boards of road commissioners may require the su-
perintendents appointed by them to give bond in such penalty as they
deem sufficient, conditioned to secure the faithful performance of their
duties and the proper handling and accounting for any funds or prop-
erty placed in their hands bv said boards.

16. That all moneys remaining to the credit of anv road district of
the county on the dav this act goes into effect shall, after the payment
of all outstanding claims against said district, remain to the credit
of said district, and be applied and paid out under the provisions of this
act.

17. All matters not specially provided for by this act shall be as
provided in general road law of this state when not in conflict with
this act.

18. All acts or parts of acts in conflict with any provisions of this
act are hereby repealed.

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