Chap. 124.—-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 Rock-
ingham, 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 approved March 2, 1894, and as further
amended by an act of the general assembly approved February 26, 1896,
approved March 15, 1904.

Approved March 10, 1910.

1. Be it enacted by the general assembly of Virginia, That an act
entitled 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 assem-
bly 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:

81. For each magisterial district in the county of Rockingham there
is hereby created and established a board consisting of the supervisor, a
commissioner of roads and one justice of the peace, which board sha})
have exclusive control of all roads and bridges within its limits. except as
hereinafter provided, and all taxes levied for road purposes and for build-
ing and repairing bridges, shall be expended within each magisterial dis-
trict—that is to say, that the taxes levied in each magisterial district
shall be expended in the district in which it is so levied.

§2. The justice of the peace constituting the member of said board
shall be chosen and resignated by the three justices of the peace electd
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 the county “and district
officers are elected, and shall hold his office for a term of four years, or
until his successor is qualified.

§3. 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.

84. 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 qualification of
magisterial district officers, and shall at the time of his qualification or
before he enters upon the discharge of his duties give bond for the faith-
ful 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 duties shall be to see that all 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 ob-
structions are not removed after reasonable notice, not to exceed ninety
days, he shall proceed to remove the fence or other obstructions, and
may recover the expenses with costs from the trespassers 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 a commissioner of roads is satis-
fied that no inconvenience will result to the public on account of the
width of said road, he may continue the same. He shall examine all 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. He shall have charge of all tools or machinery
belonging to the district or county while in use in his district. When
such tools and machinery are not being used or operated he shall provide
such means as shall be reasonably necessary to protect such machinery
and tools from injury and damage, and any expenses incurred by the
commissioner in so doing shall be paid out of the district fund on war-
rant of the board of commissioners of roads. His compensation shall be
two dollars per day for each day he may be actually engaged in the dis-
charge of his duties under the provisions of this act, to be paid by the
county treasurer in the manner hereinafter prescribed.

§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 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 num-
ber 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 modification of the
proposed route, and submit estimates therefor.

87. Notice of the time and place, when and where the viewers will
meet shall be given by publication in a newspaper at least five times be-
fore time of meeting. The viewers before they proceed to discharge
their duties shall be severally sworn by the commissioner of roads, or
some other person authorized to administer 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 dam-
age to the land through which the road passes, taking into consideration
the advantage to be derived from the road passing through said land, and
shall report in writing to the board of supervisors at its next regular
meeting. If any yard, garden or orchard, or any part thereof shall be
taken, it shall be so stated in said report.

§8. The board of supervisors shall examine the report of the view-
ers, and if it appears from said report that the proposed change will not
probably be to the public interest, the board shall decline to make the
proposed change, but if it appears to the board that such change will be
to the public interest the board shall issue notice to the owner or owners
and tenants of land upon which said proposed road is to be located, direct-
ing such owners or tenants to appear before the board at its next regular
meeting to show cause, if any, why the proposed change should not be
made in accordance with said report of the viewers. At the meeting to
which said owners or tenants are so notified to appear the board shall
hear such objections to and evidence as may be offered for or against
said report, and shall take final action upon said report, either by adopt-
ing, amending or rejecting same, unless for good cause action thereon
is postponed to another meeting. Any person affected by such decision
may appeal from same within thirty days. If change be made in such
road the board shall order the damage allowed to be paid out of the
county levies for roads and bridges. Each viewer shall be allowed two
dollars per day and expenses not exceeding one dollar per day, where suclt
viewer travels over ten miles, and the county or other surveyor shall re-
ceive two dollars and fifty cents per day for accompanying said viewers,
and making necessary survey, and be paid in addition such sum as the
board shall determine, for any map of such change as may be required
of him. Said viewers and such expenses to be paid by order of the
board of supervisors out of the county levy for roads and bridges.

§9. In case the change of a road shall place it on a line dividing two
magisteria] districts, the commissioner of roads of the adjoining districts
shal] divide equitably the expense of maintaining said road between
said districts. In case they cannot agree the board of 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 April first, or as soon thereafter as convenient,
shall assess and levy a tax upon all property, real and personal, of the
magisterial district assessed for State purposes, sufficient to pay the ex-
penses of keeping all public roads and bridges in its district in good
repair. Bridges across the rivers and the bridges of thirty feet or more
in length across the creeks shall be kept in repair out of the general
county levy for roads and bridges. The assessment on property shall not
be more in any one year than twenty. cents on the one hundred dollars,
except as provided for in section twenty-two of this act. The assessment
shall be made upon the same basis and subjects 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 all the expenses of keeping in repair the roads and bridges (except
such bridges as are kept in repair out of the county levy), and pay
allowances to officers provided for in this act, and other expenses likely
to arise under the provisions of this act, and shall, before the first day
of August of each year, furnish to the county treasurer a statement of
taxes assessed against each person in his district, which tax said treasurer
shall be required to collect, 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 sep-
arate, and shall be held by him subject to the order of the board of com-
missioners of roads to be expended in such manner as in its judgment is
for the best interest of the roads. 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 dis-
tricts as herein provided (except river and creek bridges referred to in
section ten of this act). The work may be done by the day under com-
petent 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 part or sections of roads if they deem it
to the best interest of the district so to do. Said road to be kept clear
of falling timber, loose stones, and to be raised in the center and sloped
each side to ditches of sufficient width and depth to carry off all surplus
water.

§14. The board of commissioners of roads shall have the authority to
purchase any necessary tools, machinery and materials, out of its respec-
tive district funds, for use in making and repairing the roads and bridges
of its district, as herein provided for.

$15. The board of supervisors, in its discretion, may purchase any
machinery and pay for same out of the county levy for roads and bridges,
for the purpose of aiding the magisterial district in making and repairing
the public roads of the county and district. It may appropriate out of
said funds, or the general county levy, for the purpose of permanent road
improvement in any district or districts, such amount as may be neces-
sary to secure any State money aid available for said district or districts,
or to secure convict labor for said permanent improvement of said roads.
In case the board of supervisors declines to appropriate the necessary
funds required by State law to secure State money aid or to procure
State convict labor, then the board of commissioners of roads of each
magisterial district shall have authority, with the consent of the board
of supervisors, to make appropriations out of district funds, or funds
raised by private contributions, such amounts as are necessary to assure
State money aid or convict labor: provided, in such event the county shall
not be chargeable with any liability or expense by reason of any district
thus procuring any State road improvement fund or convict labor.

The cost of expenditure per mile in the permanent improvement of
the public road shall be determined by the State highway commissioner,
and the board of commissioners of the roads in their district or districts in
which the improvement is to be made. The distribution of the State and
county aid may be made between the districts of the county, on such basis
asa majorityof the board of supervisors in their judgment may deem right
and just: provided, that no part of the State aid fund which would be
due any district, upon an equitable distribution of same, based upon the
tax paid into the State treasury by said district, shall be taken from that
district and used elsewhere, unless the board of commissioners of roads
in said district declines to use same on roads in said district, and gives
its consent in writing, signed by a majority of the board, that said amount
may be expended elsewhere, said writing to be filed with and preserved
as a part of the records of the board of supervisors.

§16. The commissioner of roads is authorized and empowered to de-
mand of either of the other members of the district boards to go to any
point in the district, to assist in the duties incumbent upon the board of
the district, and each shall have a compensation for such service of two
dollars per day, while in actual discharge of such duties, payable out of
the district fund.

817. The majority of the entire board of supervisors may adopt any
part of the general road law not in conflict with this act.

818. At the discretion of the board of commissioners of roads and
by order of said board the road commissioner shal] measure al] roads in
his district, and divide them, or any part thereof, into such sections as in
his judgment he may deem best and most economical.
The road commissioner shall report to the board of commissioners of
roads of his district, by April first, or as soon thereafter as possible,
the number of sections of roads and the number of miles in each section,
when said board may proceed to apportion such amount to each section
as in their judgment is an equitable amount to each section, according
to conditions and needs, and may at the same time appoint a good and
competent overseer for each section thus worked, who shall have imme-
diate supervision over the work to be done in his section.

Said board may have worked remaining sections in such manner as in
their judgment is to the best interest in working such roads. The over-
seer shall at such time as directed by the road commissioner proceed to
hire hands and teams and work his road as directed by the road commis-
sioner, who shall have authority over contractors and overseers, and when
tools and materials are necessary the commissioner shall report to the
board of commissioners of roads, which may order him to purchase same.
The board shall have the right to remove an overseer or contractor at
any time, and work the road otherwise if in its judgment it would be best.

819. The road board shall meet as hereinafter provided from time to
time, not to exceed twelve 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 warrant on the county
treasurer issued by said board as hereinafter prescribed.

§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 the said board and the commissioner of roads, and countersigned
by the chairman.

§21. Each overseer provided for in this act shall be charged with all
tools and machinery 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 a receipt for same.
The compensation of each overseer shall be fixed by the board of com-
missioner of roads, not to exceed one dollar and fifty cents per day, and
he is to perform work on the roads with other hands. All laborers under
such overseer shall have compensation fixed by the board not to exceed
one dollar and twenty-five cents per day for the time actually engaged in
the discharge of their duties under this act; not less than ten hours of
actual work shall be considered a day’s work.

§22. That the commissioner of roads from each magisterial district
shall meet at the courthouse of the county with the board of supervisors
at a time to be fixed by the board of supervisors, and shall act with said
board in the consideration of the road question, and to make any changes
within the limits of the law 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 thirty cents on one hundred dollars of assessed
property, both real and personal, in any one year, and should it be de-
termined that the levy for any one year should be raised over twenty
cents on the one hundred dollars of assessed property, both real and per-
sonal, of any district or districts, then there shall be not less than ten
cents nor more than fifteen cents of said levy on the one hundred dollars
used for permanent road improvement.
§23. The general road law of this State, except so far as the same
is im conflict with this act, shall be in force in the county of Rockingham.
§24. All acts or parts of acts in conflict with this act are hereby
repealed.