Chap. 248.—An ACT to amend and re-enact an act entitled “an act providing for
the making, changing, and working of roads in the county of Rockingham,”
approved March 2, 1888, as amended by an act of the general assembly approved
March 5, 1890; as further amended by an act of the general assembly approved
February 25, 1892 ; as further amended by an act of the general assembly ap-
proved March 2, 1894, and as further amended by an act of the general assem-
bly approved February 26, 1896.

Approved March 15, 1904.

1. Be it enacted by the general assembly of Virginia, That an act en-
titled “an act providing for the making, changing and working of roads
in the county of Rockingham,” approved March second, eighteen hundred
and eighty-eight, as amended by an act of the general assembly, approved
March fifth, eighteen hundred and: ninety, as further amended by an act
of the general assembly, approved February twenty-fifth, eighteen hun-
dred and ninety-two, as further amended by an act of the general
assembly, approved March second, eighteen hundred and ninety-four, and
as further amended by an act of the general assembly, approved February
twenty-sixth, eighteen hundred and ninety-six, be amended and re-
enacted so as to read as follows:

§ 1. For each magisterial district in the county of Rockingham there i is
hereby created and established a board, consisting of the supervisor, the
commissioner of roads and one of the justices of the peace, which board
shall have exclusive control of all the roads and bridges within its limits,
except as hereinafter provided, and all taxes levied for road purposes,
and for building and repairing bridges, shall be expended within each
magisterial district, that is to say, that the taxes levied in each magis-
terial district shall be expended in the district in which it is so levied. _

-§ 2. The justice of the peace, constituting a member of said board,
shall be chosen and designated by the three justices of the peace, elected
and commissioned in each magisterial district. He shall be clerk of
said board. The designation of the justice who is to serve in said board
shall be in writing, and’shall be preserved and recorded by the board
of commissioners of roads. ‘The commissioner of roads provided for in
this act shall be elected by the qualified voters in each magisterial dis-
trict at the regular November election, when all of the county and dis-
trict’ officers are elected, and he shall hold his office for a. term of four
years or until his successor is qualified.

§ 8. The board hereby provided for shall be a body corporate, and
shall be known and designated as the board of commissioners of roads
for - magisterial district of Rockingham county, and as such shall
have the right to contract and be contracted with, sue and be sued,

§ 4. The commissioner of roads provided for in this act shall reside
in the district for which he is elected, and his term of office shall begin
on the first day of January next succeeding his election. He shall
qualify at the time and in the manner provided by law, for the qualifica-
tion of magisterial district officers, and shall at the time of his qualifica-
tion, or before he enters upon the discharge of his duties, give bond for
the faithful performance of his duties, with security in the sum of one
thousand dollars.

§ 5. The commissioner of roads shall have charge of all the roads and
bridges in his magisterial district. His duty shall. be to see that all
of the roads in his district are of proper width, and in all cases where they
are not to notify the persons trespassing by written notice, and-if the
obstructions are not removed after reasonable notice, not to exceed ninety
days, he shall proceed to remove the fence or other obstruction, and may
recover the expenses, with costs, from the trespasser upon Judgment of
a justice of the peace: provided, however, that where there is a road of less
than thirty feet now in use and .the commissioner of roads is satisfied
that no inconveniences will -result to the public on-account of the width
of said road, he may continue the same. He shall examine all of the

roads in, his district. two.or. more times in each year, as directed by the
road board, to see that all roads and bridges are kept in good repair, as
hereinafter provided for. His compensation shall be two dollars per day
for each day in which he may be actually engaged in the discharge of his
duties under the’ provisions of this act, to be paid by the county treasurer
in the manner hereinafter prescribed.

q 6. ‘Every petition to alter or change a public road must first be pre-
sented to the commissioner of roads in the district in which the road ‘is
located, who shall endorse thereon his approval or disapproval of the
same, and his reasons therefor, which petition and the commissioner's
report shall be laid before the ‘board: of supervisors at its next regular
meeting, and the board may appoint three discreet freeholders to view
the ground ‘of any proposed change; the county or other surveyor shall
accompany the viewers, and if necessary survey and map the route. The
whole number of viewers must view, but a majority may decide for or
against the proposed change. They shall submit estimates of the cost
of. any: change recommended. or proposed. They may report for a modi-
fication. of the proposed route and submit estimates therefor. |

$7. Notice of the time and place, when and where the viewers will
meet, shall be given-in some public manner in the vicinity of the pro-
posed ‘road at least: five days before the time of meeting. The. viewers,
before’ they proceed to discharge their duties, shall be severally sworn
by the commissioner of roads, or by some other person authorized to ad-
minister oaths, to-perform their: duties impartially to the best. of their
Judgment. ‘If they decide there is public necessity for a change, they
shall lay out the same, having respect for the shortest distance and the
best location. ‘They shall assess the damage done to land through which
the road passes; taking into consideration the advantage to be derived
from the road passing through the land, and shall report in writing to
the board of supervisors at their next regular meeting; but in no case
shall any yard, garden, orchard, or any part thereof, be taken without
consent of the owner.

8 8. The board of supervisors shall examine the amount of damages
assessed, and if satisfied the public interest will be subserved by its pay-
ment, and by making the proposed change, shall approve the report and
order the damages to be paid out of the county levy for roads and bridges ;
but upon the return of the report of the viewers, the proprietors and
tenants of lands upon which said road will be located, if so changed,
shall be summoned to show cause against said report; and any proprietor
or tenant of land upon which said road will be located, if so changed,
may enter himself a party defendant to said petition, after which the
same proceedings shall be had as under the general road law of the
State, upon the return of the report of the commissioner of roads: 'pro-
vided, that the viewers and surveyor shall be paid out of the: county
treasury upon the order of the board of supervisors.

§ 9. In case the change of a road shall place it on a line dividing two
magisterial districts, the commissioner of roads of the adjoining districts
shall equitably divide the expense of maintaining said road between
said districts, if they can agree; in case they cannot agree, the board of
362 ACTS OF ASSEMBLY.

supervisors shall divide the same, and direct what part of said road shall
be kept in repair by each magisterial district.

§ 10. The board of commissioners of roads for each magisterial dis-
trict, at its annual meeting in July, shall assess and levy a tax upon all
property, real and personal, of the magisterial district assessed for
State purposes sufficient to pay the expense of keeping all the public
roads and bridges in its district in good repair (except the bridges across
the rivers, which shall be kept in repair out of the general county levy for
roads and bridges), and of such width and condition as may be required
by law and for all other purposes provided for in this act: provided, that
the assessment on property shall not be more in any one year than twenty
cents on the one hundred dollars; the assessment to be made upon the
same basis as that upon which State revenues are levied.

§ 11. The board of commissioners of roads in each magisterial dis-
trict shall annually make an estimate of the probable amount necessary
to pay the expenses of changing and keeping in repair the roads and
bridges, and paying allowances to officers provided for in this act, and
any other expenses they may deem likely to arise under the provisions
of this act, and shall, before the first day of August in each year, fur-
nish to the county treasurer a statement of the tax assessed against each
person in their district, which tax said treasurer shall be required to col-
lect as other revenues are collected, and for which he shall receive a like
compensation. The funds coming into the hands of the county treasurer
under the provisions of this act. shall be kept separate, and shall be held
by him subject to the order of the board of commissioners of roads, to be
applied in such manner as they deem the best interest of the roads de-
mand; all funds collected in any one district shall be expended in that
district

§ 12. No person shall be required to work on public roads or bridges
without compensation.

§ 13. It shall be lawful for the board hereby constituted to take charge
of and have worked and kept in good repair, all public roads and bridges
heretofore or hereafter established within their respective districts, as
herein provided; the work shall be done by the day under competent
overseers, who shall furnish the commissioner of roads with a statement
of account once a month. The said board may enter into contract for the
repair of any pieces or sections of road if they deem it to the best interest
of the district so to do; said road to be kept clear of falling timber, loose
stone, and to be raised in the centre and sloped to each side to ditches
of sufficient width and depth to carry off all surplus water.

§ 14. The road board for each magisterial district shall, at its annual
meeting in March, apportion its money as follows: First. It shall set
aside an amount not exceeding twenty-five per centum of its whole fund
to be used in paying salaries, keeping in repair its bridges, locating and
building new ones, and any other incidental expenses that may arise.
Small culverts shall not participate in this fund, except for the purchase
of material. The balance of the fund to be apportioned to the several
sections, as hereinafter provided.
§ 15. The commissioner of roads shal] measure all the roads in his dis-
trict and divide them into sections of from ten to twenty-five miles each,
as in his judgment he may deem best and most economical. He shall
have authority over all contractors and overseers, and shall purchase all
tools, lumber, and material necessary for the maintenance of roads in his
district, and shall audit all accounts.

§ 16. The road commissioner shall, at the annual meeting in March,
report to the road board of his district the number of sections of road
and number of miles in each section, when said board shall proceed to
apportion the remaining seventy-five per centum of its money among the
several sections in accordance with their needs, and shall at the same time
appoint a good and competent overseer for each section, who shall have
immediate supervision over the work to be done in his section.

§ 17. The overseers shall, at such time as directed by the road com-
missioner, proceed to hire hands and teams and work his roads in a thor-
ough manner. No overseer shall expend more than sixty-five per centum
of his apportionment without the consent of the road board at this work-
ing. He shall be required to go over his road at least twelve times a year
to open drains and keep the road clear of falling timber and loose stones.
If in the month of November the remaining thirty-five per centum of
his apportionment has not been expended in keeping his road in repair,
he shall, under the direction of the road commissioner, proceed to expend
such balance as may remain unexpended in permanently fixing bad places
or cutting heavy grades, giving preference to such work as any com-
munity will aid in doing without cost to the district.

§ 18. The road board of each district shall provide all tools necessary
for working its roads, and shall provide houses to keep the road machines
in, and keep the same locked up when not in use. Said houses shall be
centrally located. All overseers are required to return the machines to
the shed within twenty-four hours after completing work on their sections
with them, unless otherwise ordered by the commissioner of roads. For
failure to so return said machines, any overseer shall forfeit one dollar
for each twenty-four hours said machine shall remain standing out, which
shall be deducted from the amount due said overseer.

§ 19. The road board: shall meet as hereinbefore provided from time to
time to dispatch the business, not to exceed six times in any one year. Its
members shall be paid two dollars per day for each day actually employed
in the discharge of their duties under this act, and shall be paid by war-
rant on the county treasurer, issued by said board, as hereinafter pre-
scribed.

§ 20. The supervisor of each district shall be ex-officio chairman of the
board of commissioners of roads for his district. All warrants on the
county treasurer to pay all expenses of each district shall be signed by the
clerk of said board and the commissioners of roads, and countersigned
by the chairman.

§ 21. Each overseer provided for in this act shall give bond, with ap-
proved security, payable to the road board of his district, for the safe-
keeping and return of the implements entrusted to his custody. He shall
be charged with all tools furnished him by the district road board, giving
his receipt for the same, and on his retirement shall turn them over to
his successor or. to the commissioner. of roads, taking. his receipt for the
same, when his bond shall be cancelled. His compensation shall. be one
dollar and fifty cents per-day, and all laborers under.said overseer. paid
not to exceed’one dollar per day (to be fixed bythe district board) for
the time actually engaged in the discharge of their duties under this act.

§ 22. That the commissioner of roads from each. magisterial district
shall meet at the courthouse of the county with the board.of supervisors.
ata time to be fixed. by the board of supervisors, and. shall act with the
said board in the consideration of the road question,.and to make. any.
change within the limits of the law that they. may deem. best for .the
making, changing, and working the public roads of Rockingham county,
and by a majority vote of all the supervisors and commissioners of roads
present, may order the road levies of all the districts, or a part of the
districts, raised to an amount not to exceed twenty-five, cents on, the one
hundred dollars of assessed property, both real and personal, in any one
be eised over twenty cents on the one hundred dollars of assessed prop-
erty, both real and personal, then there shall be not less than ten_cents
nor more than fifteen cents of said levy on the one hundred dollars of
assessed property, both real and personal, or any district, used for the con-
struction of leading roads, in such manner as the board of supervisors and
commissioners of roads by a majority shall determine. As soon as reve-
nues are collected from such levies the work of. constructing such, leading
roads shall begin, and be continued from year to year until such work
shall cease by a majority vote of the supervisors and, commissioners ot
roads. of the county.

The leading roads shall be selected as much as possible, in the different
districts, by the respective boards of commissioners of roads of each
magisterial district, and the roads running east and west shall be selected.
as much as possible; also such as cross the railroads, at or near stations ;
but should any such roads be partly in one district.and partly in another,
then each district board shall make the part in their respective. districts.
Should a dispute arise with the board or boards in the selection of one of
these roads in which several districts are interested, then the same shall
be settled by a majority vote of all the supervisors. and commissioners of
roads of the county. All money arising from such levies must be used in
the magisterial district from which it is collected.

A majority of the supervisors and commissioners of roads of the county
may, from time to time, call meetings to consider these question of road
improvement. All such. mcetings must be with open doors, and by first
giving not less than. one‘ week’s notice to the public, so that any one may
have a hearing before thal mecting who desires to be heard. Each super-
visor and commissioner of roads shall have two dollars per day while in
service in attending such meetings.

§ 23. The genera] road law of this State, except so fara as the : same is in
conflict with this act, shall be in force in. the county. of Rockingham. |
§ 24.. That all acts and Paris of act. -anwonsistent with this act are hereby

repealed.