Chap. 113.—An ACT to amend and re-enact an act entitled “an act to amend the
road Jaw of Prince George county,” approved March 3, 1898.

Approved March 12, 1904.

1. Be it enacted by the general assembly of Virginia, That an act en-
titled “an act to amend®and re-enact the road law of Prince George
county,” approved March third, eighteen hundred and ninety-eight, be
amended and re-enacted so as to read as follows:

S1. The judge of the circuit cotirt of the county of Prince George
shall, on or before the first day of July, nineteen hundred and four, at
term time or in vacation, appoint for each magisterial district of the said
county a road commissioner, who shall hold office for a term of four
vears from the first day of July, nineteen hundred and four, and until
his sucecssor qualifies. Hach of said road commissioners shall execute
before the circuit court for the said county, or the judge in vacation, or
the clerk of said court in his office, at the time of his qualification, a
bond. with approved security, in the penalty of not less than one thou-
sand dollars, conditioned for the faithful performance of the duties of
(livir said office as hereinafter set forth. They shall receive for their ser-
vices two dollars and a half per day for each day actually engaged on
the public roads in said county, or the board of supervisors may, in its
liseretion, allow each: of said commissioners a stated salary not exceed-
ing the sum of three hundred dollars per annum. The said commission-
ors shall have control of the improvements and repairs of the roads and
bridges in their respective districts, and of the construction of the bridges
therein (except in such cases wherein the board of supervisors may deem
it expedient to let the construction of bridges to contract) except such
bridges as are required by law to be constructed and kept in repair by the
county of Prince George and adjoining counties.

It shal] be the duty of the said road commissioners to see that the roads
in their respective districts are kept cleared, smoothed of rocks and other
obstructions, of necessary width, and that the beds of the said roads are
raised in the middle and sloped gradually each way to the sides, well
drained, and: secure from the falling of dead timber thereon, and other-
wise in good order; and that suitable bridges be constructed: and main-
tained over such streams and ravines as may need them; and where the
beds of such roads are encroached upon, they shall notify the person or
persons trespassing thereon, by written notice, to remove the obstruction,
and if the same be not done in ten days, they shall cause said obstruction
to be removed, and may recover the expenses incidental to the removal
thereof, with cost, before any justice of the peace of said county.

The board of supervisors shall, upon the request of any road commis-
sioner, have authority to direct the county surveyor to define the boun-
dary of any road) therein, and to alter the grade of any existing road, and
to perform any such service as, in the opinion of the board, may be neces-
sary to carry out the provisions of this act. ,

§ 2. When, in the opinion of the said road commissioners, it is ad-
visable to let the improvements and repairs to any public roads within
their respective districts, or the repair or building of any bridge, to con-
tract, they shall, after advertising the time and place for at least ten
days, let the same to contract, and may receive bids for such contracts;
and whenever such roads or bridges are let to contract, it shall be the
duty of the said road commissioners, in their respective districts, to have
supervision over such contractors, and to see that the contract is per-
formed in every particular, and that all work comes up to the specifica-
tions of said contract. e

The said road commissioners shall, for their respective districts, with
the consent of the board of supervisors, purchase teams and implements,
and hire a force sufficient for keeping im proper repair the roads in their
respective districts; they to report to the said board of supervisors all
teams and implements purchased and all hands hired, for which the
board shall pay by warrant drawn on the county treasurer.

§ 3. Whenever a contract is let for the purpose of repairing or work-
ing any public road, or the repairing or building of any bridge, the com-
missioner shall take from the person so contracting a bond, with good
security, in a penalty double the amount he is to receive under said con-
tract, and conditioned for the faithful performance of his contract.

§ 4. Every road commissioner appointed under this act shall superin-
tend all of the roads in his district, and see that they are kept in the con-
dition required by the first section; and across any stream where it may
be necessary or practicable, a sufficient bridge, bench, or log shall be made
for the accommodation of foot passengers, which shall always be kept in
a safe condition, and each road commissioner shall, at least four times a
year, report in writing to the board of supervisors the condition of the
roads in their several districts, and render a detailed statement of the
work done on the public roads, and return with their report all bond:
taken from road and bridge contractors.

§ 5. Every owner or occupier of a mill over whose dam, pier-head.
aqueduct, or waste-cut a road passes shall keep such dam in good order.
at least twelve feet wide at the top, and also keep in good order a bridge
and abutment leading thereto, of like width over the pier-head, aque-
duct, floodgate, or any waste-cut through or around the dam. If he fail
to comply with this section he shall be guilty of a misdemeanor, and shall
be fined five dollars for every failure of twenty-four hours, but the fine
shall not exceed in any case fifty dollars. Said fines to be applied to the
road fund in the district in which the mill is situated. :

§ 6. It shall be the duty of the supervisor in the respective districts in
said county to go over the roads in their said districts at least twice a
year, inspect said roads, and ascertain whether or not said commissioners
are keeping the same in proper repair, for which service the said super-
visor shall receive the sum of two dollars per day: provided, however, he
shall not be paid for more than twenty days in any one year.

The said road: commissioners may take from any convenient lands so
much wood, stone, gravel, or earth as may ‘be necessary to be used in con-
structing, improving, or repairing such road, or any bridge or causeway
thereon, and may, for the purpose of draining said 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. For any
material taken or ditch cut compensation shall be allowed only as pro-
vided in the twenty-sixth section of the general road law.

§ 7. When, in the opinion of the board of supervisors, the public con-
venience requires the establishment of a road or landing, it shall cause a
diagram of the route of such road or landing to be prepared, and shall
cause notice to be served upon the proprietors and! the tenants of the land
on which the same shall be established, that it will move the circuit court
of the said county, upon some day to be specified in the notice, to appoint
commissioners to ascertain a just compensation for the land to be used
for such road or landing. Upon the return of said notice duly executed.
any citizen may appear and oppose the establishment of said road or
landing, and unless the court, upon hearing testimony, shall decide
against the establishment of such road or landing, it shall appoint five
disinterested freeholdiers of the county, any three of whom may act, for
the purpose of ascertaining a just compensation for the land to be used
for the said road or landing. Said commissioners shall meet on the land
of the proprietors and tenants named in the order of the court, at a cer-
tain place and day therein also specified, of which notice shall be given
by the sheriff to such proprietors and tenants, their agents or attorneys,
except only that it need not be given to the one present at the time of
making the order. Any one or more of the commissioners attending on
the land aforesaid may adjourn from time to time until the business shall
be finished. The said commissioners in the discharge of their duties shall
comply in all respects with the provisions of. sections nine and ten, and
che proceedings thereinafter to be had shall conform to the provisions of
sections eleven, twelve, thirteen, fourteen, fifteen, and sixteen of chaptel
fifty-six of the Code of Vi irginia, clition of eighteen hundred and sev.
enty-three: provided, that the title for that part of the land for whick
compensation 1s allowed shall not absolutely vest in said board of super:
visors in fee simple, but only a sufficient right of way shall vest in said
board of supervisors. From the action of the court anv person feeling
himself aggrieved may appeal of right as under existing laws, and should
the board of supervisors be the appellant no security chall be required of
it. Cases under this seciion shall have precedence over any other civil
actions on the docket, and shall be determined with all convenient speed.
Nothing in this section shal] be construcd as to deprive the court of said
county from establishing or altering the roads or landings of the county
as now provided by law.

§ 8. Hach member of the board of supervisors and cach road commis-
sioner appointed under this act, for a failure to perform any duty re-
quired of them under this act, shall be guilty of a misdemeanor, and
shall pay a fine of not less than ten nor more than one hundred dollars.
Said fine to be applied to the public reads in the district in which the
failure to perform the duty occurs.

$9. The board of supervisers of the county, at its meeting when the
souunter levy is made, shall, for the purposes of this act, canbrace in the
levy there to be laid a sum not more than is provided by law, and shall,
in addition thereto, set apart for and purpose the amount derived from
taxcs upon railroad, tele graph, and telephone companies for county
roads. But should it become necessary, in the opinion of the board of
supervisors, to raise a road levy excecding the sum of thirty cents on the
one hundred: dollars, it shall first take the sense of the duly qualified
voters in said county, as to such increase of the levy, by an election held
for this purpose.

$10. All bridges shall he erected and kept in repair out of the county
lovy.

g 11. The general road law of this State, except so far as the same is
In: ‘conflict with the provisions of this act, shall be in force in the county
of Prince George.

§ 12. All acts and parts of acts in conflict with this act are hereby re-
pealed.