“ Chap. 213.—An ACT to amend and re-enact an act approved February 27,

1900, entitled an act to amend and re-enact an act approved March 3,
1898, entitled an act to provide for the working and keeping in order
all the public roads and bridges in the county of Hanover, and to amend
and re-enact an act entitled an act to provide for the appointment of a
road commissioner in each magisterial district in Hanover county and
to define his duties and powers, approved February 25, 1892, (H. B. 486.)

Approved March 24, 1914.

1. Be it enacted by the general assembly of Virginia, That an
act approved February twenty-seventh, nineteen hundred, entitled
an act to amend and re-enact an act approved March third, eigh-
teen hundred and ninety-eight, entitled an act to provide for the
working and keeping in order all the public roads and bridges in the
county of Hanover, and to amend and re-enact an act entitled an
act to provide for the appointment of a road commissioner in each
magisterial district in Hanover county, and to define his duties and
powers, approved February twenty-fifth, eighteen hundred and
rinety-two, be amended and re-enacted so as to read as follows:

Sec. 1. Be it enacted by the general assembly of Virginia, That
the judge of the county court of Hanover county, upon the recom-
mendation of the board of supervisors of his county, shall at the
May term of his court, in the year eighteen hundred and ninety-
two, and every two years thereafter, appoint for each magisterial
district in said county one commissioner of roads, who shall, on
taking oath before the clerk of the court the usual oath of office
required of other county or district officers, enter upon the duties
of his office on the first day of July following his appointment, and
continue in office for a term of two years, or until his successor
is appointed and qualified; provided, that such judge may, if he
think proper, reject the recommendations made in either or all of
the districts in said county, and unless the board of supervisors
recommend other persons suitable, in his opinion, for said offices
within thirty days after their recommendation has been rejected,
he shall fill the said office by his own appointment, in term time
or in vacation. No recommendation, however, made by the board
of supervisors shall be rejected by the judge except for reasons
entered of record. Said road commissioner shall receive a salary
of one hundred dollars per annum, to be paid by the board of su-
pervisors by warrants drawn on the treasurer of said county, at
such times as to them may seem proper.

Sec. 2. The board of supervisors of Hanover county shali have
general charge of all the public roads and bridges of Hanover
county, shall cause the same to be constructed, repaired and kept
in good condition, as specified in section three of this act, and shall
pay all the costs and expenses of making, building, opening, and
maintaining them out of the county levy.

Sec. 2-a. The supervisors of each district in said county shall
have control of all funds arising from levies in his said district,
and these funds shall not be used in any other district than the one
in which it is levied, unless with the consent of the supervisor of
said district.

Sec. 8. That the road commissioners of each magisterial dis-
trict of Hanover county shall superintend the roads in his district.
He shall cause the same to be kept cleared, smoothed of rocks and
other obstructions; of necessary width, not less than sixteen feet
in any case; well drained and otherwise in good order, and secure
from the falling of dead timber thereon. He shall cause to be
placed and kept at important forks, or crossings in his precinct, a
sign board properly lettered, and across every stream where it is
necessary and practicable, a sufficient bridge, bench, or log for the

: accommodation of foot passengers. When any more important
= bridge is necessary, and it is practicable for him to have it made,

he shall cause it to be made twelve feet broad at the least, and safe

: and convenient. Every bridge or causeway in his precinct shall be

- kept by said commissioner in as good order as the means in his

|. power will permit. And to that end he shall have the care and

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» custody of all teams, gear, harness, road machines and other road
: implements and tools now belonging to his magisterial district, or

» that may be hereafter purchased or provided by the board of super-
, visors for his district. And he shall have authority to hire and
« employ all necessary labor and teams in the discharge of his duties.

. But the said road commissioner shall be and act under and subject

to the control and direction of the supervisor of his district in the

, discharge of his duties as commissioner, and shall not hire any

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labor or teams or incur any other expenses except with the said
supervisor’s approval.
Sec. 4. All costs and expenses of making, opening, and main-

' taining said roads and bridges, and keeping the same in repair
; shall be allowed and paid by the board of supervisors, upon item-

ized accounts certified to be correct by the supervisors and road

. commissioner of the magisterial district in which the work is doue,

such certificate to be made on the back of each account.

Sec. 5. The road commissioner may take from any convenient
lands so much wood, stone, gravel or earth as may be necessary to
be used in construction or repairing such road or any bridge or
causeway therein; and may, for the purpose of draining the road,

, cause a ditch to be cut through any lands adjoining the same; pro-

vided, such wood and other articles be not taken from, and such
ditch be not cut through any lot in a town, yard, or garden, with-

* out the consent of the owner..

Sec. 6. If the owner or tenant of any such lands shall think

~ himself injured thereby, a justice, upon application to him, shall
issue a warrant to three freeholders, requiring them to view the
“ gaid land and ascertain what is a just compensation to such owner

OR

or tenant for the damage to him by reason of anything done under
the preceding section. The said freeholders, after being sworn,
shall accordingly ascertain such compensation and report the same

* to the board of supervisors, and an allowance shall be made there-

for in the next county levy.

Sec. 7. The road commissioner and the supervisor of each magis-
terial district shall be responsible for the condition of the roads and
bridges in their district, and the failure to discharge their duty
shall be a misdemeanor, and either or both of the said officers, on

‘ conviction thereof, upon a warrant before a justice of the peace,
- shall pay a fine of not less than five dollars nor more than twenty-

five dollars.
Sec. 8. The road commissioner, at such time or tinies as the
board of supervisors may require, shall make out an account of a!
work that kas been done by him previous to the said report and not
before reported by him, and alxo what expenses have been incurred
and what money expended in the maintenance of the roads and
bridges, and make report thereof to the said board; and also state
what amount of money may be needed by him at any time in the
discharge of his said duties. The said board of supervisors may.
if, in their opinion, the said work should be done, and the amount
required be expended as reported by him, provide the said amount
out of the county levy, and pay any amounts that may be due for
the work so done by him; all bills, however, to be approved by the
board of supervisors and said road commissioner, as hereinbefore
provided.

Sec. 9. So much of the act entitled an act to provide for the
appointment of a road commissioner in each magisterial district
of Hanover county, and to define his duties and powers, approve
February twenty-fifth, eighteen hundred and ninety-two, as is not
contained in this act, is hereby repealed, and all other acts and
parts of acts inconsistent with this act are hereby repealed.

2. As some of the public roads in Hanover county are in need
of immediate repair, and there is now no way to compel the super-
visors to act in the premises, an emergency exists, so that this act
shall take effect from its passage.