CHAP. 161.—An ACT to amend and re-enact section 4 of an act entitled
an act to amend and re-enact an act to provide for working the roads,
repairing bridges and opening new roads in the county of Augusta, and
repealing so much of the acts as affect the county of Augusta, approved
Irebruary 26, 1884; February 19, 1886; February 28, 1890; March 3,
1894, and March 2, 1898, approved February 26, 1900, approved March
14, 1908, and approved February 9, 1910.

Approved March 12, 1912.

1. Re it enacted by the general assembly of Virginia, That
section four, of an act entitled an act to amend and re-enact an
act entitled an act to provide for working roads, repairing
bridges and opening new roads in the county of Augusta, and
repealing so much of the acts as affect the county of Augusta,
approved February twenty-six, eighteen hundred and eighty-
tour; February nineteenth, eighteen hundred and eighty-six;
kebruary twenty-eighth, eighteen hundred and ninety; March
third, eighteen hundred and ninety-four, and March second,
eighteen hundred and ninety-eight, approved February twenty-
six, nineteen hundred, approved March fourteenth, nineteen hun-
dred and eight, approved February ninth, nineteen hundred and
ten, be amended and re-enacted so as to read as follows:

$4. The commissioner of roads, as the executive officer of
the road board shall, under and subject to the control and direc-
tion of the county superintendent of roads, have charge of all
the roads of his district. His duty shall be to see that all the
roads of his district are of proper width, and in places where they
are not, to give notice in writing to the person obstructing the
roads, requiring him to remove the obstructions, and if the ob-
structions are not removed within thirty days after the giving of
such notice, he shall cause the same to be removed, and may re-
cover the expenses incident thereto with costs from the person or
persons so obstructing the roads by judgment of a justice of the
peace in a proceeding instituted in the name of the road board of
the district: provided, however, that the road board of any dis-
trict may, in its discretion, retain any existing road at its pres-
ent width. He shall examine all the roads in his district at least
twice in each year in the months of May and October, and at
such other times as the county superintendent of roads may re-
quire, and shall see that the roads are drained on the sides, and
all standing pools of water well removed from the roads, and that
the middle of the roads are sufficiently raised to shed the water
immediately into the side ditches, and that the bridges are kept
in good repair. In all things he shall be subject to the direction
and control of the county superintendent of roads. The compen-
sation of the commissioner of roads shall be two dollars per day
for each day in which he has been or may be actually employed
in discharging his duties under the provisions of this act, but in
no case shall the pav of the commissioner of roads exceed one
hundred and fifty dollars per annum, said commissioner to be
paid by the road boards of the respective road districts upon the
approval of the other two members thereof, or, if they should
disagree, upon the approval of the judge of the circuit court, who
may determine the matter without formal pleading; provided.
however, that persons applying for a new road or bridge, or to
lay out, open, alter or change a public road, shall, when the same
is rejected,. be charged with the per diem compensation of the
commissioner of roads. The board of supervisors may, in their
discretion, increase the compensation of road commissioners In
any magisterial district in said county to three dollars per day,
provided that such compensation shall not exceed two hundred
and fifty dollars per annum.