CHAP. 175.—An ACT to amend and re-enact an act entitled an act to
amend and re-enact an act for working and keeping in repair the
roads of the county of Tazewell, approved February 24, 1888, ete.,
and further to provide for permanent improvement of the roads of the
said county, approved February 29, 1892, as amended and re-enacted
by an act approved February 12, 1894, as amended by an act approved
January 11, 1900, as amended and re-enacted by an act approved
January 27, 1900, and as amended and re-enacted by an act approved
December 17, 1901, and as amended and re-enacted by an act approved
March 8, 1910; and to provide for the distribution and disbursement
of all funds, accrued under said act, as amended and re-enacted, which
have not been expended for the purposes provided therein, and to
provide for maintaining and improving the roads of Tazewell county.

Approved March 13, 1912.

1. Be it enacted by the general assembly of Virginia, That
an act entitled an act to amend and re-enact an act for working
and keeping in repair the roads of Tazewell county, approved
February twenty-fourth, eighteen hundred and eighty-eight, and
further to provide for permanent improvement of the roads in
said county, approved February twenty-ninth, eighteen hun-
dred and ninety-two, as amended and re-enacted by an act ap-
proved February twelfth, eighteen hundred and ninety-four, as
amended by an act approved January eleventh, nineteen hun-
dred, and as amended and re-enacted by an act approved Janu-
ary twenty-seventh, nincteen hundred, and as amended and re-
enacted by an act approved December seventeenth, nineteen
hundred and one, and as amended and re-enacted by an act ap-
proved March eighth, nineteen hundred and ten, be amended and
re-enacted so as to read as follows:
First. That for the purpose of establishing, altering and
discontinuing, working and keeping in order the roads and
bridges of Tazewell county and for all supervision and con-
trol of same, there shall be and is hereby created for each of
the three mayvisterial districts of the said county a board of
road commissioners, to be composed of the supervisor of such
district, who shall be the chairman, and two public spirited,
intelligent citizens who shall be qualified voters of the district.

Second: At the February term, nineteen hundred and twelve
or thereafter in vacation, and every two years thereafter there
shall be appointed by the circuit court of said county, upon the
joint reeommendation of the board of supervisors and the com-
monwealth’s attorney of said county, two intelligent, public spir-
ited citizens for each magisterial district, who shall be selected
as far as practicable from different sections of said district and
who shall be qualified voters in the districts for which they are
appointed. These persons shall qualify as such road commis-
sioners by appearing before the clerk of the circuit court of
Tazewell county and taking and subscribing the oaths of office
prescribed by law.

Third. The said two persons so appointed and qualified for
any magisterial district of said county, together with the super-
sors of such district shall constitute the board of road commis-
sioners for such district.

Fourth. The board of road commissioners shall, before the
second Tuesday in April, nineteen hundred and twelve, meet at the
court house of Tazewell county and organize by electing one of
their members clerk of the board of road commissioners whose
duty it shall be to keep a record of the proceedings of all meet-
ings of the board.

Fifth. There shall be two regular meetings of the board
of road commissioners in each year. One shall be held on the
second Tuesday in April and the other on the second Tuesday
in September. Said meetings to be held at the courthouse,
and the board may hold other meetings at such times and
at such places as the supervisor, as chairman of the board,
may designate, provided that said commissioners shall not re-
ceive compensation for more than six meetings during any one
year, except when they are summoned and meet in cases of ap-
plication for a new road, or changing or discontinuing an exist-
ing road as hereafter provided for. The supervisor and road
commissioners hereby provided for shall receive as compensa-
tion two dollars and fifty cents for each day actually engaged in
the duties devolving upon them under the provisions of this act,
said sums to be paid out of the district road funds for the re-
spective districts.

Sixth. On the second Tuesday in April of each year the
board of road commissioners for each magisterial district shall
select and appoint a suitable person, for their respective dis-
tricts as district superintendents of roads.
Seventh. Such district superintendent of roads shall serve
for the term of one year from the date of his appointment.

Eighth. Each and every district road superintendent appoint-
ed under this act shall qualify as other district officers are re-
quired by law to qualify and upon his qualification shall execute
a good and sufficient bond before the clerk of the circuit court of
Tazewell county in the penalty to be prescribed by the board of
supervisors, and the bond shall be payable to the board of su-
pervisors of Tazewell county. The superintendent of roads
shall be under the control and subject to the orders of the board
of road commissioners of his district. Me shall see that all
roads in his district are of proper width and clear of obstruc-
tions, and in places where they are not otf proper width or where
obstructions have been placed thereon, or where the ditches
draining said roads have been obstructed by filling in stone,
timber or other material, he shall give notice in writing to the
person or persons obstructing said roads or ditches, requiring
him or them to remove the obstructions; and if the obstructions
are not removed within ten days of the giving of said notice, he
shall cause the same to be removed and report such fact to the
board of road commissioners of his district, who may recover
the expenses incident thereto with the costs, from the person or
persons obstructing the said roads or ditches by judgment of a
justice of the peace, and any money so recovered shall be turned
into the district road fund; any person who may by threat, force,
or otherwise hinder, delay or prevent, or attempt to hinder, de-
lay or prevent the board superintendent from performing his
duties under this act, shall be guilty of a misdemeanor, and fined
not less than twenty dollars ($20.00) nor more than one hun-
dred dollars ($100.00), or be confined in the county jail not
exceeding six months or both. The road superintendent shall
examine all roads in his district at least twice in each year in
the months of April and September and oftener if the board of
road commissioners require it. Immediately after going over
the roads in April and September, he shall report fully in writ-
ing to the board of road commissioners the condition of all roads
and bridges in his district. These reports shall be made not
later than the first day of May and the first day of October of
each year, and the board of road commissioners shall designate
to the road superintendent such roads and bridges as shall be
repaired by him.

In performing the services required of the district road su-
perintendent, he shall have the work done by force account under
his own personal supervision, or by employing competent fore-
man to supervise such work. Such foreman shall not be paid
exceeding three dollars ($3.00) per day. Said district road su-
perintendent nor any foreman employed by him either on re-
pair work or on the construction of new roads being done by
force account, shall be allowed full wages for working less than
six men per day, and any road foreman employed by said road
superintendent may be removed by the road commissioners if
they see cause for so doing.

Ninth. The board of road commissioners shall furnish the dis-
trict superintendent of roads all tools and materials necessary
to successfully carry on all work which may be done by force
account. Said superintendent to be responsible under his bond
for all machinery, tools, and so forth, which may be placed in his
hands.

Tenth. Sections of roads may be repaired by contract made
by the superintendent of roads, but such contracts must be rat-
ified in advance by the board of road commissioners.

Eleventh. In opening new roads or making changes of loca-
tion of old roads, the board of road commissioners shall let the
same to contract to the lowest responsible bidder after duly ad-
vertising the same, or the board of road commissioners may,
if they see fit, require the district superintendent of roads to take
personal charge of such work and have the same done by force
account, or it may be done by convict labor as provided by law.
The wages to be paid to laborers and foreman on all such work
to be fixed by the board of road commissioners.

Twelfth. The district superintendent of roads for each dis-
trict shall report to the board of supervisors on the second Tues-
day in each month all work done by him or under his direction
during the preceding month, and an itemized account of all ex-
penses incurred during such preceding month, the time worked
by each laborer and foreman and the amount due each one, and
the work done under contract and the amount due such con-
tractor or contractors for the preceding month, all of which
shall be verified by the oath of the district road superintendent
making such report. Then upon the endorsement of such report
by a majority of the road commissioners of the district for which
it is made the board of supervisors shall allow all claims so re-
ported, and they shall be paid out of the district road levy of such

istrict.

Thirteenth. The superintendent of roads in each district
shall be paid three dollars ($3.00) per day for each day he is
actually engaged in the discharge of his duties under this act;
he shall keep an accurate account of the time worked by him
in each month and shall present the same to, at least two mem-
bers of the board of road commissioners of his district before
the second Tuesday of each month succeeding that in which the
services were rendered, and if such account be endorsed by the
said road commissioners as correct, and be sworn to by the su-
perintendent, the board of supervisors shall allow the claim,
Which shall be paid out of the district road levy of the district
In which the work was done.

The number of days to be worked in any one year, by the
road superintendent, shall be fixed by the board of road commis-
sioners of his district and he shall not receive compensation for
any time beyond the limit fixed by said road commissioners.
Fourteenth. That application for a new road, or changing or
discontinuing an existing road, must be upon written petition ad-
dressed to the district board of road commissioners in which
said road is now, or is asked to be located, or in which a part
thereof is, stating specifically the change, the discontinuance or
route of the new road from point to point, also stating the names
of the landowners through whose lands the proposed new road
or alteration extends, which shall be signed by the petitioner or
his council, and forwarded to the clerk of the circuit court of
Tazewell county, who shall forthwith issue a summons to the
members of the road commission in whose district the proposed
road, alteration or discontinuance is; and if in more than one
district, then also to the members of the road commission of any
other district affected thereby, to appear at a point on the pro-
posed road, change, alteration or discontinuance to be named
in the summons, at the time named therein, and not more than
thirty days from the issuance thereof, and together they shall
view said route for the new road, change and discontinuance and
hear such evidence relevant thereto as may be offered them, and
cause said change, new road or discontinuance to be made in ac-
cordance with said application, or, if such road commission, upon
view of such proposed route is of the opinion of a better location
for such proposed new road, or change can be obtained by view-
ing another route, then in that event the said commission may
cause such change to be made, or new road to be opened, and in
their report give the reasons for the alteration made by it from
the location specified in the petition, stating clearly and specifi-
cally the change of route of the new road from point to point,
also stating the names of the landowners through whose lands
the proposed new road or alteration extends, or report adversely,
according to their judgment. They, or any of them attending,
may adjourn the proceedings from time to time, and place to
place, and shall have the same power to summons and compel
the attendance of witnesses that the courts now have; may em-
ploy an engineer when necessary, who shall be allowed reason-
able compensation for the services rendered. The majority of
the members of the commission shall rule on all questions. The
clerk of the circuit court of Tazewell will, at the time of the is-
suance of the summons to the members of the road commission
issue &@ summons to land holders named in said petition to ap-
pear at the same time and place named in the summons to the
road commission to show cause against the establishment, alter-
ation or discontinuance, and should said petition omit any land
owner interested, the summons to said interested landowner,
may be issued on the application of any party in interest, either
by said clerk or by any one of said road commissioners, and said
summons may be served in any manner that notices under the
law may now be served, or in any manner that the general law
allows notice to landowners to be served under the general
road law. The action of the board of road commission in es-
tablishing, changing or discontinuing such road or refusing to
establish, alter, change or discontinue the same shall be final,
except as to the amount of damages, for which an appeal may
be had as hereinafter provided, unless the intention to appeal
from such action be filed with the chairman of the road commis-
sion within five days from the day such action or decision is
made, and if so noted an appeal may be taken to another com-
mission composed of two supervisors and one road commission-
er from other districts; provided, that no supervisor or road
commissioner from whose action an appeal is taken shall be a
member of the commission hearing such appeal. When such
an appeal is taken the chairman of the commission whose action
or decision is appealed from, shall at once notify the clerk of the
circuit court who shall summon two supervisors and one road
commissioner from other districts to hear such appeal, and the
said commission shall hear and decide the matter as if they were
hearing it originally and shall enter their decision upon the mer-
its of the case, giving due regard to the interests of the appli-
cants and landowners as well, and from the decision of such com-
mission there shall be no appeal except in the matter of damages,
as herein provided. When the members of such district road
commission or either of them, are personally interested in the
opening or location of such road or are the owners of, or have
any interest in the lands or any portion thereof, or are closely
related to any person so interested or is so situated in his opin-
ion as to render it improper for him to pass upon the opening or
location of such road, change or discontinuance, then the clerk
of the circuit court of Tazewell county shall summon from one
of the other districts in said county some other member of
the road commission, who will act in his place instead. Should
said commission establish a road or make any change or altera-
tions in same, they shall assess damages to the landowners, and
file in the clerk’s office of the circuit court of Tazewell county a
report of their action, with a full description of the road estab-
lished, alteration made or road discontinued, stating the width
and percentage of grade of the road established or alterations
made, and shall also file a plat of the road established, or altera-
tions with said report, and said report and plat shall be recorded
by the clerk of said court in a book kept for the purpose, and
shall notify the attorney for the commonwealth of all damages
allowed against the county, and such damages shall not be pay-
able until the commonwealth’s attorney has been so notified, and
such notice entered on the record book of the board of supervi-
sors; and said report made by said commission establishing a
road or making any changes or alterations in an existing road
shall be final, except as hereinafter provided, but any land-
owner damaged, or the commonwealth’s attorney or the board of
supervisors in behalf of the county shall have the right to ap-
peal to the circuit court, if the sum reported by the commission,

or commissions, is deemed by him or any of them insufficient or
excessive,
If any landholder damaged desires to appeal to the circuit
court on the question of damages, he may, within thirty days
after the said report is filed in the clerk's office of the circuit
court, apply to said circuit court, or to the judge thereof in va-
cation, for an appeal on said question of damages, or the com-
monwealth’s attorney may, in the same manner, when he thinks
the damages allowed excessive, take such appeal for the county,
or the board of supervisors may direct the commonwealth’s at-
torney to take such appeal, and no bond shall be required In any
case where the county is appellant; and the same shall be al-
lowed by said court or judge, and the cause placed on the docket
for trial at the next term of the circuit court; no appeal shall be
allowed a landowner after the expiration of the said thirty days,
but the commonwealth’s attorney may on his own motion, or
upon direction of the board of supervisors, take such appeal with-
in thirty days from the time the commonwealth’s attorney has
been notified of the award of damages against the county in any
case.

16. A trial of said appeal shall be by jury unless the same be
waived by all parties and without formal pleading, and shall be
final except to appeal as to points of law. In all questions of
damages the question of compensating advantages shall be fully
considered in awarded damages for the opening, changing or ex-
tending any road, and in case of every appeal, and every other
matter connected with this act, the road commission shall be re-
presented by the commonwealth’s attorney of Tazewell county.

17. Whether any such appeal on the question of damages shall
be taken or not, the board of road commissioners for the district
or districts in which such road shall be located, on paying into
the circuit court of Tazewell county in term or to the clerk of
sald court in vacation, the sum ascertained by the commissioners
locating the same as shown by their report returned to the said
clerk’s office, may, notwithstanding the pendency of proceedings
enter into and construct their work upon or through that part of
the land described in such report, and no order shall be made
or any injunction awarded by any court or judge to stay the pro-
ceedings of such board of road commissioners in the prosecu-
tion of their work, unless it be made manifest that they, their
officers, agents or servants are transcending their authority,
and that the interposition of a court is necessary to prevent
injury that cannot be adequately compensated in damages.

18. When after such payment into court, upon appeal taken
from such report, if the sum thereby ascertained exceed what
was so paid, judgment shall be given against the county for the
amount such excess, and if what was so paid exceed the amount
of the sum ascertained upon such appeal, the excess shall be paid
back to the county road fund, and judgment therefor and the
cost of appeal shall be rendered against the appellant.

19. When an appeal is taken and the money paid into court,
the court shall disburse the same to the parties entitled thereto,
and when no appeal is taken the same shall be disbursed to the
parties entitled thereto by the commissions.

20. Whenever any of the landowners are infants or suffering
under any legal disability the proceedings shall not be stayed,
but the clerk of the circuit court of Tazewell county shall appoint
for such persons a guardian ad litem in the same manner as he
is authorized to appoint a guardian ad litem for infant defend-
ants, and said guardian ad litem shall represent said infant, or
such person under legal disabilities, and shall receive the same
compensation, payable in the same manner, and from the same
source, had the matter been pending in the court, the amount
of the guardian ad litem’s fees to be determined by the circuit
court of Tazewell county, and all notices and summons may be
served by the sheriff and his deputies, and their compensation,
and the compensation of the Clerk of Tazewell circuit court, shall
be the same as allowed said officers for similar service, and any
road commissioner in the discharge of his duties under this act,
whenever the same may be necessary, is empowered to adminis-
ter an oath.

21. The district road commission, in establishing a road may
direct that it be opened and kept in order by persons for whose
convenience the same is desired, and the same shall not be an
established road, until the person or persons so designated in
the commissioner’s report shall file with the chairman of the
district in which the road is, an agreement that he or they will
open same and keep the same in order. That all new roads es-
tablished, changes or alterations made shall be of the width to
be determined by the road commission viewing, establishing or
changing the same, the grade, in no case, except on roads to be
opened and kept in repair by persons for their own private con-
venience, shall exceed seven percentum, except on locations
where heavier grades cannot be avoided, and the same shall be
established with or without gates as they deem best, and in case
they report adversely upon any petition, the petitioners shall
pay into the county road fund all costs accruing through said
petition, and unless said commission in their discretion relieve
said petitioner from such costs, and the same may be recovered
from petitioner by suit at law or warrant before a justice in the
name of the board of supervisors of Tazewell county.

22. For the purpose of opening, and changing and working
and keeping in repair the roads of Tazewell county, and for the
purpose of building or repairing bridges or footways of said
county it shall be the duty of the board of supervisors of said
county to levy an annual tax, not to exceed thirty-cents on the
one hundred dollars worth of all taxable property in said county,
both real and personal, excepting all incorporated towns. The
amount from each magisterial district shall be kept separate and
shall be known as the district road fund, and shall be expended
on the roads in the district from which it is collected, fifty per-
centum of which may be annually expended in macadamizing
at such points as the commission for the several districts think
fit, or if the board of road commissioners, for any district shal.
think it best to expend the entire district road levy on repairs
changes of location and opening of new roads, they shall have
the power to do so.

23. The clerk of the board of supervisors shall in a suitable
book kept for that purpose open an account with each magister-
ial district of the county on which shall be charged all warrants
drawn on the district road fund, date, number and amount of
each warrant, and to whom and for what payable, and the said
clerk shall on the first Monday of January, April, July and Oc-
tober of each year file a written report addressed to the board of
supervisors of Tazewell county of money expended under this
act in each of the three magisterial districts; and the board of
supervisors shall at once have said reports published in a county
newspaper at the expense of the respective districts.

No supervisor, road commissioner or superintendent of roads
shall be interested either directly or indirectly in any contract
given under the provisions of this act.

24. If the supervisors, road commissioners or superintend-
ents, or any of them, intentionally or negligently violate any of
the provisions of this act, or intentionally or negligently fail to
perform any of the duties required by this act, they shall be
deemed guilty of a misdemeanor, and shall be convicted or pun-
ished bv fine of not less than twenty dollars, nor more than one
hundred do!lars, and may be removed from office by the circuit
court of Tazewell county. All prosecutions for the violation of
this act shall be in the circuit court of Tazewell county and shall
be by indictment. And it shall be the duty of the judge of the
circuit court of Tazewell county to charge every regular grand
jury as to the provisions of this act, and to require the road su-
perintendent of each district to be sent before every grand jury
as witnesses. All money now in the hands of the treasurer of
Tazwell county, belonging to the road fund of the respective
magisterial districts of Tazewell county including the funds
known as the district road funds and the permanent road funds
shall be expended under this act.

All acts or parts of acts which are inconsistent with the pro-
visions of this act are hereby repealed. By reason of the nec-
essary changes to be made in many of the roads of Tazwell coun-
ty, and by reason of necessary changes to be made in the Tazewell
county road law, an emergency exists and this act shall be in
force from its passage.