Chap. 198.—An ACT to amend and re-enact an act approved December 1%.
1903, entitled “an act to provide for the working and keeping in repair the
public roads and bridges in the county of Patrick.”

Approved March 14, 1906.

1. Be it enacted by the general assembly of Virginia, That an act ap
proved December eighteenth, nineteen hundred and three, entitled “an
act to provide for the w orking and keeping in repair the public roads and
bridges in the county of Patrick, ” be amended and re-enacted so as to
read as follows:

$1. The board of supervisors for the said county shall, as soon as prac-
ticable after the passage of this act, divide the roads in said county into
sections of not more than ten miles each, said road sections to be num-
bered and known as road sections number , nN ———_
magisterial district.

$2. It shall be the: duty of the said board of supervisors for said
county to annually, during the month of May, or as soon thereafter as
practicable, to appoint one road overseer for each section in said county.
the said overseer to reside on or contiguous to the section of which he is
appointed overseer: and, furthermore, to be a man of sound judgment.
and possess a practical knowledge of road making; and he must also be
the owner of land contiguous to said roads; said overseer to be appointed
for the period of one year, unless sooner removed in the manner herein-
after provided.

Said overseer shall qualify as district officers are required by law to
qualify, and each of them shall enter into an acknowledged bond before
the court, judge, or county clerk before whom he qualifies, with surety to
be approved by such court, judge, or clerk in a penalty of at least three
hundred dollars, and larger when deemed necessary by such court, judge.
or clerk, and failure to qualify and give bond, as aforesaid, within sixty
days next after his appointment, shall vacate his office. Such bonds shall
he payable to the board of supervisors of the county and conditioned for
the faithful discharge of the duties of the respective overseers. Such
bonds may be recovered on motion, after fifteen days’ notice in the cir-
cuit court of the county of Patrick, the amount so recovered to go into.
and become a part of, the road funds for said county. Any vacancy oc-
curring in the office of overseer may be filled by the said board of super-
visors of the said county at any time.

$3. It shall be the duty of each road overscer provided for by this act
to ‘uyhdes superintend, and direct the repairs of keeping in order and
making of all county roads and bridges within his road section in such
manner, and under such regulations, restrictions, plans, specifications.
and estimates as may be prescribed by the board of supervisors for the
said county. It shall be his duty to hire all necessary hands (who shall
reside convenient to such roads), wagons, teams, and implements as may
be necessary in working, repairing, making, and maintaining said roads
and bridges. The said overseer shall deliver to every person entitled to
receive any amount on account of labor, teams, wagons, or other imple-
ments used in working said roads, a statement of the amount due him,
and he shall furthermore render a statement in writing, under oath, for
uch labor, teams, wagons, and other implements, and: to whom due, at
ach quarterly meeting of the board of supervisors, provided for under this:
act. He shall furthermore make a report in writing, under oath, of the
‘ondition of the public roads in his section, the amount of money or
labor, or both, expended or performed on said roads and bridges, and in
the employment of laborers, or use of materials, and such other matters
relative thereto, as the board of supervisors shall suggest and require.

$4. The board of supervisors of the said county shall, from time to
time, prescribe and note upon the records of their proceedings, such
plans, specifications, restrictions, directions, and estimates of the cost of
the various road sections as they shall deem best for the working, making
ind keeping in order and repairing the roads and bridges in their county,
including any special plans, specifications, or directions, that they may
prescribe for particular roads or bridges. They shall have full power
ind control of all roads, property, cattle, horses, mules, plows, and ma-
chinery now belonging to the said county; and shall have full power and
authority to provide for the use of the same, either by the said overseers
or their special agents employed by them for that purpose, or they may
sell any or all of such road property now on hand, or as they mav deem
best.

$5. Every overseer provided for by this act, subject to the control,
specifications, directions, and estimates of the board of supervisors, as
hereinbefore provided, shall cause the roads in his section to be kept
cleared, smoothed of rocks, and obstructions, of necessary width, well
drained, and otherwise in good order and secure from falling of dead or
unsafe timber therein, and shall cause to be placed and kept at the fork
or crossing of every road, a sign-board, on which shall be stated, in plain
letters, the most noted place to which each road leads, and across every
stream, when it is necessary and practicable, a sufficient bench or bridge
or log for the accommodation of pedestrians.

$6. The overseer of any section may take from any convenient place or
lands so much wood, stone, gravel, or earth as may be necessary to be used
in constructing or repairing any road or bridge or causeway therein; and
nay, for the purpose of draining the road, cause a ditch to be cut through
anv lands adjoining the same: provided, such wood or other articles he
not taken from, and such ditch be not cut through any yard or garden
without the consent of the owner.

$7. 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
the frecholders requiring them to view the said lands and ascertain what
ig just compensation to such owner or tenant for the damage to him by
reason of anything done under the preceding section. The said free-
holders, after being sworn, shall accordingly ascertain such compensation
and report the same to the board of supervisors, and a warrant shall be
issued by them for this amount to the complaining party at their next
quarterly meeting.
$8. Where the public roads in said county form dividing lines be-
tween magisterial districts, the board of supervisors shall divide such
roads between the districts as they may deem best.

$9. When the roads that have been ordered to be established or al-
tered the court so ordering may order the opening of the roads or alter-
ation to be made by the nearest road overseer, or overseers. In all such
cases the overseers shall perform such duty in the same manner as herein
prescribed, and shall be entitled to the same compensation as for similar
work on roads now established. ;

$10. For the purpose of performing their duties under this act, the
board of supervisors shall meet four times per year—namely: the second
Mondays in February, May, August, and November, and they may ap-
point and hold such other meetings as may be necessary to carry out the
provisions of this act. At each of the meetings above mentioned, it shall
be the duty of the board of supervisors to settle with the overseers, and
ascertain and audit the amounts due any person for labor, teams, wagons.
and other implements aforesaid, and issue their warrants therefor: pro-
vided, however, that they shall not issue or deliver said warrants or audit
said claims until the said overseers shall have first made out and filed
with said board their reports as above provided. The said board of
supervisors, at each of sakd quarterly meetings, shall diligently inquire
into the manner in which said overseers have performed their duties ; and
in case said overseer, or any of them, shall have employed either labor.
teams, wagons, plows, or other implements when the same was not neces-
sary, for a greater time than was necessary, thereby creating an unneces-
sary expense, or if they find that said overseers, in their reports, have
made any overstatement, or any false statement of the expense in per-
forming their duties under this act, the said board of supervisors shall
remove the said overseer, after first giving him twenty days’ notice: and
moreover, they shall ascertain the amount of such unnecessary expense.
or the amount of such false overstatement, which amount, when so ascer-
tained, shall stand as a charge against said overseers, for which said
overseers and the sureties on their bonds shall be liable; and no payment
on account of their services shall be paid to any overseer so in default
until said amounts are paid.

$11. The board of supervisors of said county shall have power to re-
move any road overseer at any time during his term in office for neglect
of duty, or malfeasance in office, after first giving to any such overseer
twenty days’ notice of the time and place of meeting for the purpose of
investigating any such neglect and malfeasance.

$12. The said overseers shall each receive the sum of one dollar and
twenty-five cents per day for every necessary day employed in performing
their duties under this act, such compensation to be ascertained by the
hoard of supervisors at their quarterly meetings, subject to the foregoing
restrictions, and shall be paid by warrants of the said board of super-
visors on the treasurer of the said county.

$13. The said board of supervisors shall, from time to time, fix the
prices allowed for the use of teams, plows, wagons, and other implement:
used on said roads, and prepare a schedule thereof, a copy of which shall
be delivered to each overseer by the county clerk: nrovided, that no price
be allowed for the use of any implement, the market value of which does
not exceed one dollar. The said board of supervisors may, in-their dis-
cretion, furnish to any or all overseers all necessary tools, machinery, im-
plements, teams, and soforth, and the said board of supervisors shall have
the right to adopt such additional rules and regulations not inconsistent
with the provisions of this act for the purpose of fully carrying into
effect the intent of this act.

$14. It shall be the duty of each supervisor to keep himself informed
as to the condition of the public roads and bridges in his magisterial
district, the manner in which they are worked and kept in repair, and
whether or not the overseers of their several sections have fully per-
formed their duty, and for that purpose each supervisor shall inspect all
the roads and bridges in his district at least once in every six months,
and make report in writing to the board of supervisors of the county
aforesaid at the February and August meetings of each year, which report
shall be filed in the county clerk’s office.

$15. For performing their duties under this act, the said board of
supervisors shall each receive such compensation as fixed by general law.

$16. Every overseer shall be liable to prosecution for any negligence
of duty or malfeasance in his office, and upon conviction shall be fined
in each case not less than five dollars nor more than fifty dollars, and
the semi-annual reports of the supervisors of his district required by
section fourteen of this act, may be taken as evidence on which to found
a prosecution.

$17. The board of supervisors shall annually levy, along with the
county levy, a tax upon the property, real and personal, assessed for tax-
ation in said counties, which shall be applied to working, constructing,
and keeping in order the roads and bridges in said counties, and the com-
pensation of the overseers under the provisions of this act. Such tax
shall not exceed fifty cents on every one hundred dollars’ worth of such
property, and the same shall be collected and accounted for as if it were
a county levy.

The county treasurer of the said county shall keep a separate account
of this fund, and it shall be disbursed on the warrants of the board of
supervisors.

$18. For any service rendered by the clerk of the county aforesaid
under the provisions of this act, he shall receive the same fees as now
allowed by law for like services.

$19. All acts and parts of acts in conflict with this act are to that ex-
tent repealed. This act shall be construed to repeal the general law on
roads only to the extent it conflicts therewith in the county of Patrick.

§20. By reason of the dangerous condition of the roads in said county,
and the necessity for their repair, an emergency is hereby declared to
exist, and this act shall be in force from its passage.