Chap. 71.—An ACT to amend and re-enact an act entitled an act to provide
for a road law for Spotsylvania county, approved February 21, 1898,
as amended and re-enacted by an act entitled an act to amend and re-
enact an act entitled an act to provide for a road law for Spotsylvania
county, approved March 14, 1908. (H. B. 426.)

Approved March 13, 1914.

Be it enacted by the general assembly of Virginia, That
an act to provide for a road law for Spotsylvania county, approved
February twenty-first, eighteen hundred and ninety-eight, as
amended and re-enacted by an act entitled an act to amend and
re-enact an act entitled an act to provide for a road law for Spot-
sylvania, approved March fourteenth, nineteen hundred and eight,
be amended and re-enacted so as to read as follows:

Sec. 1. Appointment of superintendent of roads.—The State
highway commissioner shall nominate, and by and with the advice
and consent of the board of supervisors of Spotsylvania county,
shall appoint a superintendent of roads of Spotsylvania county,
who must be a competent civil engineer, or well versed in road main-
tenance and construction if such can be obtained; and it shall be
the duty of the said State highway commissioner to send two or
more nominations together with a history of each man, his educa-
tion, experience. et cetera, to the said board of supervisors on or
before the first day of July, nineteen hundred and fourteen, and on
or before the first day of July of every second year thereafter for
its confirmation or rejection, and should neither of the first nomi-
nations be confirmed by the said board of supervisors, then it shall
be his duty to send other nominations until there shall be an
appointment of such superintendent of roads for Spotsylvania
county; and it shall be the duty of the said board of supervisors of
Spotsylvania county to meet on the first Saturday of July, nineteen
hundred and fourteen, and on the first Saturday of July of every
second year thereafter, or as soon thereafter as may be practicable
for the consideration of said nomination, and should the first nomi-
nation not meet their approval, then it shall be said board’s duty
to meet as early as practicable after other nominations are sent to
them for their consideration, and until such superintendent shall
have been chosen.

Sec. 2. Organization of Spotsylvania road board.—The board
of supervisors of Spotsylvania county, together with the superin-
tendent of roads for said county, shall together constitute the
Spotsylvania road board; and as hereby created and constituted
and their successors as provided for by law is declared to be a body
politic and corporate, and shall be known and designated as the
Spotsylvania road board, and the word board as hereinafter used
shall be construed as though the words “Spotsylvania road board”
were used. They shall organize by electing one of the supervisors
as chairman of the road board, and another as secretary. It shall
be the duty of the chairman to preside at all meetings and of the
secretary to keep an accurate record of all the proceedings. The
board may pay the secretary, not exceeding fifty dollars per year
for these services. The secretary of the board shall keep itemized
statements of all payments to the superintendent of roads and
others, and shall record in detail exact copies of all reports of the
superintendent of roads wherein he reports the receipts or expendi-
ture of any funds.

See. 3. Office of superintendent, bond, oath, et cetera.—-The
board of supervisors shall assign to the superintendent of roads a
room or compartment at the county courthouse as his office, or
should this be found not available then they shall procure else-
where at the county-seat a room suitable for such office, and the
cost of maintaining said office shall be paid out of the county road
fund.

They shall also provide the said county superintendent of roads
such clerical assistance as they may deem necessary from time to
time, and shall determine what compensation shall be allowed for
such purpose, and provide for its payment out of such county road
funds as may be available. The county superintendent of roads
shall, before assuming his duties, qualify by taking the usual oath
of office before the clerk of the said circuit court of Spotsylvania
county, and execute before him a bond payable to the Common-
wealth of Virginia, conditioned for the faithful performance of his
duties as superintendent of roads for Spotsylvania county, with
security approved by the board of supervisors in the sum of two
thousand dollars. The cost for premiums on said bond, if any, shall
be paid out of the county road fund.

Said superintendent of roads shall be a constituent part of said
county road board, and shall have an equal voice and vote with the
supervisors in all its meetings and sessions. His salary shall be
fixed by the board of supervisors of Spotsylvania county, at not
4e@55 Wan six Nunared Gollars Or more than twelve nunared aouars
per annum, and not increased or diminished during his term cf
office. The board of supervisors may at any time allow the super-
intendent of roads in addition to his salary, not exceeding one
hundred dollars per annum for traveling expenses, in connection
with the business of his office or in the interest of the county roads
and furnish him with such conveyances for traveling over the roads
as they think proper.

Sec. 4. Regular meetings of board.—The county road board
shall meet tri-monthly at the county courthouse, on the first Sat-
urday of April, July, October and January of each year, and trans-
act all business that may legally and properly be brought to its
attention or come before it in due course. All meetings shall be open
to the public. Special meetings may be called when necessary by
the superintendent.

Sec. 5. Superintendent of roads to reside in county.—The Spot-
eylvania county superintendent of roads shall reside in Spotsyl-
vania county after his appointment, and during his term of office.
It shall be his duty to attend all meetings of the Spotsylvania
county road board unless excused by it on account of illness or such
other cause as they deem sufficient. He shall be at his office at all
other times during every business day that his duties do not keep
him on the roads or elsewhere.

Sec. 6. The road board shall have control of all taxes and levies
collected for road purposes and the superintendent shall devote all
of his time to the roads or work pertaining thereto, so long as there
-is any money available for any of them. Should anyone, in any
way, obstruct any of the roads, causeways, or bridges, in Spotsyl-
vania county, said superintendent of roads shall notify him or them
in writing to remove the same within ten days after service of said
notice, and, if the said obstructions are not removed within that
time, he may cause them to be removed by his road forces and
charge the expense thereof to such party placing the obstructions
therein, which, together with ten dollars additional as penalty,
shall be collected by him as other fines are collected and applied
to the district road fund in which such obstructions were. Any
person diverting water across any public road shall place culverts
thereunder in a way satisfactory to the superintendent of roads, at
his own expense, nor shall anyone be permitted to stop up any
drain or culvert made for the purposes of improving the condition
of any road in Spotsylvania county. Should he do so he shall be
fined ten dollars to be recovered by the superintendent of roads
before any justice of the peace of said county as other fines are
recovered and applied to the district road fund in which said dram
is obstructed.

Sec. 7. Dividing roads between magisterial districts; superin-
tendent to keep an itemized account for each district; face of war-
rant to show for which district it is expended.—When public roads
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divide the cost of working such roads between the said districts as
they may deem best. The superintendent shall, as provided in sec-
tion eight, and whenever so required by the supervisors of his
county, report to them on oath the general condition of the public
roads and bridges in the respective magisterial districts of his
county, and the amount of money expended on said roads and
bridges in the respective magisterial districts in the employment of
overseers, contractors, laborers or materials, and such other matters
relative thereto as the board shall suggest and require. The said
superintendent shall keep an itemized account of all amounts ex-
pended in working and repairing the roads in each magisterial dis-
trict and report the same to the road board as heretofore directed,
and the said road board shall, in issuing its warrant for said work
and material, express on the face of said warrant for which magis-
terial district it was issued.

Sec. 8. How money to be paid out.—The superintendent shall
pay out all road funds by warrant on the county treasurer, unless
otherwise authorized by the board stating for what district paid, to
whom paid, the amount and character of work done, the number
of days employed, or the amount and kind of material or other
things purchased, or on what contract paid; he shall keep a stub
and receipt for every warrant issued, or payment made, containing
the same information as embodied in the warrant, check or receipt:
he shall keep an itemized account of all moneys expended by him
in a book to be kept for that purpose, which book shall be kept in
his office available at all times for inspection by the supervisors, or
either or any of them, the judge and clerk of the circuit court, the
county treasurer, and the Commonwealth’s attorney, and on all
board, court and supervisors’ meeting days, by any citizen of said
county. Every three months the board of supervisors shall examine
his accounts, and if the same are correct, approve the same, and if
not, have them corrected. The superintendent shall quarterly on the
first Saturday in April, July, October and January of each year,
or as soon thereafter as may be practicable, audit, adjust, and settle
all his accounts with the several magisterial districts of the said
county, and also his accounts with the county for the preceding
three months, and on the first Saturday of January and July of
each year with the treasurer for the preceding six months, but, if
the business be not completed on these days an adjournment may be
taken from day to day until it is completed. Such settlement shall
be made to the board of supervisors, and as an itemized statement in
writing of all receipts and disbursements received and made for the
several districts and for the county during the year next preceding,
and when, to whom, and for what disbursements have been made.
The board of supervisors shall retain a copy of such settlements, and
a copy thereof certified by the clerk and chairman of the board of
supervisors shall be filed in the clerk’s office of the circuit court of
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inspection during all times said clerk’s office is required by law to
be kept open. .

Sec. 9. Board may permit payments in cash.—The Spotsyl-
vania road board may permit the superintendent of roads to settle
with the laborers, employees, owners of property taken for road pur-
poses, and other road expenses and contractors, in cash, instead of
by warrants on the county treasurer, and, for this purpose shall
direct the county treasurer to pay such of the district and county
road funds over to said superintendent as may be necessary and
shall provide for him a uniform style and size of receipts in book
form with duplicate stubs which he shall take for all money ex-
pended by him and retain as vouchers for his periodical settle-
ments.

Sec. 10. Superintendent to have control of all machinery, teams,
tools and so forth—When the superintendent assumes the duties
of his office he shall take charge and control of all road machinery,
teams, tools and equipment belonging to the county or any district
thereof, except that being used by the present road commissioners
in building the improved roads in Liningston and Berkley districts
under bond issues, and all other road implements that may here-
after be purchased for the use of the county or any district thereof,
except such as may be purchased by the present road commissioners
from the proceeds of the recent bond issues, and shall give his re-
ceipt therefor to the board. He shall report and inventory of all
such and their condition when he takes charge thereof, and what
repairs thereto and additional road implements are needed and the
cost thereof, and shall annually thereafter on the first board meet-
ing in each year make a similar report and any recommendations
for the purchase of new machinery or concerning the road work
and equipment therefor he may think proper. He shall be respon-
sible for all such machinery, tools, teams and equipment and shall,
at once provide for their safety and protection from the weather
and see that all work stock are properly fed and cared for, and, if
urgent, may incur any necessary expense therefor without the ap-
proval or authority of the board.

Sec. 11. Some of superintendent’s duties.—The superintendent
shall visit each district of said county as frequently as the work de-
mands, or the county road board may require; he shall personally
inspect all improvements and so much of the upkeep as time and
other duties of his office will permit. The superintendent, or at his
discretion, an overseer, who shall report to the superintendent, shall
see that the roads in the various districts are kept clear, smoothed
of rocks and obstructions, of necessary width, well drained, and
for this purpose may cut or have cut all necessary ditches, drains,
ei cetera, through the lands of private parties, provided same
be not cut through the yard, garden, barn or stable lots, or
orchard of any private person without his consent, and otherwise
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from falling timber; across each stream, at or near any ford, when
it is necessary and practicable, a sufficient bridge, bench or log shall
be placed for the use of foot travelers. At cross roads, the superin-
tendent shall maintain signboards for the information of travelers.
It shall be the duty of the superintendent to do, or have done, all
surveying engineering work, planning specifications, plats, charts,
diagrams and so forth, for proposed new roads, bridges, et cetera,
and for the alteration of roads, and all such other surveying or en-
gineering as may be incident to the opening, alteration, mainte-
nance, and improvement of the roads of the said county, and when
necessary, he may employ a chain carrier and pay for his services
a compensation not to exceed one dollar and fifty cents per diem,
to be paid out of the district fund when the work is performed for
the district, and out of the county funds when it is for a bridge or
matter considered by the board of general benefit to the entire
county.

At such time as the other duties of the superintendent will per-
mit the road board may direct him to prepare a correct plat of the
public roads of said county, and for such purpose may supply him
with necessary chain carriers and such other assistance as may be
requisite in the execution of the work, the expense of which shall
be paid out of the county road levy. But the superintendent shall
receive no extra compensation for his services in such work.

Sec. 12. Superintendent to co-operate with State highway com-
missioner.—The superintendent may be required by the board and
the State highway commissioner, acting together, to survey and
co-operate with the State highway commissioner, or other officials
of that department in the building of new roads or bridges under
the general laws of the State.

Sec. 18. Superintendent to encourage farmers to supply road
materials.—It shall also be the duty of the superintendent to en-
courage the farmers and adjoining landowners, and any others he
may think proper, to haul rock, gravel, sand, clay, or other road
building or repairing material, from their fields to suitable points
along the roadway to be used in repairing the roads or in macada-
mizing the same. Material obtained from such sources to be free
of cost to the county or district or such price may be paid therefor
as may be authorized or approved by the board and entered of
record in the secretary’s record book.

Sec. 14. Road work to be fairly distributed.—In expending the
district road funds the road work shall be fairly distributed over
the district in which they were raised and the superintendent shall
use his discretion as to whether the work shall be done by contract,
by the employment of day laborers, or by means of road gangs or
convicts if they can be obtained.

He shall have authority to employ an overseer, or overseers
(who shall be able to keep accounts) for any given number of miles

of road or such other territorial divisions as he may establish, and
to make contracts for the working, building, improving, repairing,
or establishing of any roads, culverts, bridges, or parts thereof in
said county or any district thereof subject to the approval or rejec-
tion of said Spotsylvania road board. When the amount of such
contract work as may be determined upon by him will probably
exceed one hundred dollars, he shall advertise the time and place
of letting the same in such manner as the board may direct and
exhibit the plans and specifications for such work at any time any
prospective bidder or other person interested may desire to see
them. He shall take such bonds and security from any and all con-
tractors as the board may direct or, in the absence of any direction
from them, as he may think proper and sufficient to safeguard the
interests of the district or county, and with the approval of the
beard shall let the contract for such work to the lowest responsible
bidder. Said superintendent may require sealed bids for any such
contract work and he may, or the board may direct him to reject
any and all bids and require the superintendent of roads to do it
with the county road machinery, and the district road funds in
which district said work is to be done. Any overseer so employed
shall not receive a greater compensation than one dollar and fifty
cents per day for every day actually employed, unless the county
board shall fix the compensation at a greater rate; the overseer shall
work the roads as directed by the county superintendent; he shall
superintend any number of hands placed under his charge, and shall
also labor with them as much as his duties will permit; it shall be
his duty to keep a correct account of the time made by each laborer,
and the superintendent, in his discretion, may have the overseer
pay off the laborers placed under his charge. The hours for labor
of men and teams shall be fixed by the superintendent in the event
they are not fixed by the board. The superintendent may employ or
discharge any overseer or laborer at his discretion without consulta-
tion or appeal to the board or any other authority.

When the superintendent decided to let, to contract any work on
the roads or bridges in any district for under one hundred dollars
in value, he shall notify the supervisor in whose district the work
is to be done, advising him of the nature of the contract, and if the
supervisor deems the contract advisable, a bond in a sufficient pen-
alty, conditioned for the proper performance of the work, shall be
required from the person cr persons to whom the contract is let.

The superintendent shall not pay out more than three-fourths
of any contract price until such supervisor and the superintendent
shall have viewed the work done under the contract, and the dis-
trict supervisor shall have given a written order to such contractor
or contractors for payment in full, or the board approves the same
by recorded vote. All such contracts and bonds shall be filed with
the county road board, and any suit, action or recovery may be had
for and on any contract in the name of the county road board by
motion after ten days’ notice in writing to the contractor and his
sureties. The attorney for the Commonwealth, on being requested
by the board, shall institute and prosecute such action.

Sec. 15. The board may direct the superintendent of roads to
receive proposals or bids for making or improving the whole, or any
part of any road or roads or bridge or bridges in the county. The
superintendent of roads before receiving proposals for any work
of greater value than one hundred dollars, shall publish notice in
a county newspaper, or in some newspaper having circulation
therein, for four successive weeks, or at the front door of the court-
house, on some court day, and at three or more public places in the
neighborhood where the work is to be done, that proposals for such
work will be received in writing at some subsequent meeting of the
board, the date of which meeting shall be mentioned in the notice.
This notice shall describe the work to be done, state out of what
fiscal year’s levy, and by what district, if not a bridge or other
work, payable out of the county levy, or State aid fund, it is to
be paid for, and require such specifications to be made in the pro-
posals as the board may determine on.

The proposals received shall be returned to the board, which
shall determine whether any, and if any, which of said proposals
shall be accepted, the board shall direct the superintendent of roads,
or the Commonwealth’s attorney, to reduce to writing a contract
between the county and such person.

Sec. 16. Contract and bond to be executed and returned to clerk
of board.—The superintendent of roads shall report to the board
every such contract signed by the person with whom it is made,
and after an order shall be made by the said board ratifying such
contract, the same shall be binding upon the contractor and the
county, so soon as the contractor gives bond, with sufficient sureties,
to be approved by the board, and in a penalty at least equal the
amount which he is to receive under the contract, payable to the
county, with condition for the faithful performance of such con-
tract. Such bond shall be taken by the superintendent of roads,
and returned to the clerk of the board. If approved by the board,
the fact shall be entered of record, and the bond and contract shall
be filed in the clerk’s official records. If the contractor die before
completing the contract or otherwise become unable to do so the
board may apportion his compensation and discontinue the contract.

Sec. 1614. How contractor paid—The money which the con-
tractor may be entitled to receive under such contract, shall be so
levied for as to be paid at the time specified in the contract. All
contracts for making improvements or repairs to roads, shall re-
quire that they be well drained on each side and higher in the
center than anywhere else.

Sec. 17. Superintendent may macadamize roads.—The board
may order the superintendent to macadamize such roads or so much
thereof as they shall deem necessary, the cost of which shall be paid
out of the district road fund where said road is located.

Sec. 18. What use of bridges forbidden.—No person shall use
any county bridge as a wharf from which to load or unload any
vessel or boat, nor as a place of deposit for any property, nor for
any other purpose except for crossing. Nor shall the master or
owner of any vessel make fast the same to, or lay the same along-
side such bridge. Any person violating this section shall be fined
not less than five nor more than twenty dollars, to the use of the
county roads of the district in which the offence was committed.

Sec. 19. Superintendent may let roads, et cetera.—The superin-
tendent of roads may let the repair improvements on maintenance
of any section, or part of said roads, according to plans and speci-
fications agreed upon by said superintendent for any mileage or
amount less than one hundred dollars in contract price as heretofore
provided, and if said contractor fail to keep his section of said
road according to said contract, the superintendent may discon-
tinue same at any time after ten days’ notice, by paying him in
proportion to the time and amount of road work, but if the said
contractor be not satisfied with such action and adjustment of the
superintendent’s, he may within sixty days thereafter lay his case
before the road board without formal pleading and whatever action
said board may take shall be final as to the matter, and all contracts
under this section shall be made subject to these conditions.

Sec. 20. Board not to be financially interested in road contracts.
—No member of the board of supervisors or any member of the
county road board shall be directly or indirectly interested in any
contract made under this act, and any participation therein, by
either shall render the contract null and void, and the member par-
ticipating shall pay a fine of ten percentum of the contract price
to the county road fund and be removed from office as provided by
section forty-three of this act for the superintendent of roads and
by the general law for such supervisor. Said fine to be enforced by
the Commonwealth’s attorney of the county as now or hereafter
provided by general law for other fines and forfeiture.

Sec. 21. Opening roads, by consent, et cetera. Superintendent
may survey new roads.—The superintendent, on his own initiative,
may survey the route for a new road, or relocation of an existing
road, which in his judgment would improve the existing system
of roads, and be beneficial to the surrounding community, and in
every such event, he shall notify the supervisor of the district in
which said proposed new road or relocation is, and the abutting land
owners of the proposed improvement, and shall set a day for their
inspection of the same. After securing the consent of the abutting
land owners with a statement in writing of their waiving of all
damages, or a statement setting forth the amount of damages they
agree to accept, the superintendent shall notify the board of the
proposed new road or relocation of an existing road, and shall
deposit with them a diagram or map of the survey of the same,
together with a waiver in writing signed by the adjoining land
owners, or a statement in writing of the amount of damages claimed.
If the board decide to open said road, and agree to the terms, the
superintendent shall proceed at such time as is practicable to open
the new road, or relocating an existing road, and when an existing
road is relocated, that part of the old road replaced by the new
rcad shall be closed and abandoned. The cost thereof shall be paid
out of the district fund levied under section thirty-eight of this act.
in which district said road is located, relocated, opened or aban-
doned.

Sec. 23. Petitions to be referred to superintendent.—All peti-
tions for the establishment of new roads, or the alteration of exist-
ing roads presented to the board shall by the said board be referred
tc the superintendent for his approval or disapproval, and he shall
make report thereof to the said board, accompanied by his reasons
for such report, and shall also give any and all information neces-
sary to enable the board to have an adequate comprehension of the
mnatter, and shall return with said report a diagram of tne propused
route and a correct survey showing any yard, or garden invaded
or that may be injured without the consent of the owner, any fruit
trees, any ornamental trees planted or left for ornament or shade,
any hedge planted or left as a protection to cattle; and anything
and everything that in any way interferes with travel along said
road or proposed road.

Sec. 24. Compensation of owner in case of injury.—If the
owner or tenant of any such land or property shall think himself
injured or that he will be injured thereby, and the superintendent
of roads, or his overseer can agree with such owner or tenant as to
the amount of damages, he shall report the same to the road board,
or, if they cannot agree, he shall also report this and all the cir-
cumstances.

Sec. 25. Board to have control of all roads and right of eminent
domain.—The Spotsylvania road board, acting through the super-
intendent of roads, shall have the exclusive control, supervision,
management and jurisdiction over all of the county roads, cause-
ways, bridges, landings and wharves opened, erected or repaired;
and for the purposes of opening roads and landings, building
bridges and wharves and of obtaining material therefor, where for
any cause, consent cannot be obtained, and the proceedings be as
heretofore provided; they are hereby vested with the power of emi-
nent domain and may condemn property of every description, as
provided by the general law, also with compulsory process for ob-
taining witnesses, et cetera, and may require the clerk of the circuit
court of Spotyslvania county to issue such processes, notices, et
cetera, as they desire.

Sec. 26. Making of new roads, bridges and landings, and altera-
tions and relocations of old ones—Whenever the board shall be of
opinion that it is advisable, and for the public convenience, that
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any new road shall be made or bridge built, or that any old road,

‘bridge or landing shall be altered or relocated in said county, or
‘when thereto petitioned by ten freeholders of said county, and it

cannot be done as heretofore provided, it shall appoint two free-
holders of the county together with the superintendent of roads, as
viewers, any two of whom may act after being duly sworn that they
will faithfully and impartially discharge their duties as viewers.
They shall go upon the lands proposed to be taken within ten days,
and shall view the various proposed routes and locations for the

* said road, bridge or landing, or of establishing any new road or

landing or building any bridge, and report upon the expedience of

“<< altering the location, width or grade of any road, and lay out the

one they prefer, if any, giving their reasons for the preference, and

- return with their report a map or diagram of the proposed road

showing its location and width, provided every road shall be thirty

“ feet wide, and the grade of no road hereafter located shall exceed
’ four (4°) degrees, unless the board order a different width or differ-

ent grade, and they shall state their reasons therefor in the said
order.

Sec. 27. Report of viewers.—They shall, in writing, report to
the board; first, the convenience and inconvenience that will result
as well to individuals as to the public; second, whether said road
will be one of such mere private convenience as to make it proper
that it shall be opened and kept in order by the person or persons
for whose convenience it is desired; third, which of the land owners
require compensation; fourth, what will be a just compensation to
the land owners requiring compensation for the land so taken and
for the damage to the residue of the tract, beyond the peculiar bene-
fits to be derived in respect to such residue from the road, bridge
or landing to be established: fifth, any other facts in their opinion
useful in enabling the board to determine the expediency of estab-
lishing or altering the road or landing, and they shall forthwith
file their report with the clerk of the board.

Sec. 28. Opening of road for travel; notice to land owners.—The
board at its next meeting shall consider said report, and as soon as
may be, either approve or disapprove it; and if the board approve
said report, it shall forthwith order the construction and opening
of said road or bridge for travel by the superintendent, but such
approval shall not determine the question of compensation to the
land owners and the board shall cause the clerk of the county to
issue a summons to the owners and tenants of the land affected
thereby to appear and file with the board in writing their claims
for compensation at the next meeting of the board, if they desire
compensation for their land so taken or damaged; however, no
owner or tenant who is present in person or by counsel when the
order approving the report of viewers is entered, need be sum-
moned. The summons may be directed, exccuted and returned, as
a summons may be in other cases, except that it mav be personally
served in the county on an agent or tenant of any proprietor not
within the State, and such service shall be equivalent to service on
the proprietor. If the proprietor reside out of the State and have
an agent or tenant known to the clerk or board in the county, or
if such proprietor be unknown to the clerk or board, the clerk or
board may order notice to all whom it may concern to be published
once a week for four weeks in some newspaper or posted at the
front door of the courthouse on some court day, to appear and assert
any claim he may have for damage done by establishing or altering
such road or bridge.

Sec. 29. Personal service of said summons on a non-resident and
return thereof may be in the mode and with the effect prescribed
by sections thirty-two hundred and thirty, thirty-two hundred and
thirty-one, thirty-two hundred and thirty-two and thirty-two hun-
dred and thirty-three, as amended. of the Code; likewise if the
clerk shall send the summons by registered mail and have returned
to him a receipt signed by such party, or, as otherwise provided in
this act, any affidavit required for any purpose connected with this
act may be made by any member of the board.

Sec. 30. Appointment of commissioners; appeal allowed owner.
—If upon the return of such process duly executed, any owner or
tenant as to whom it is returned duly executed, fails to appear in
person or by attorney, the said board may direct that the amount
allowed him by the viewers in their report be paid him or may ap-
point commissioners as hereinafter provided, to determine his com-
pensation. Upon the appearance of such owner or tenant before the
board, if said board cannot agree with him upon the amount of
compensation, then the said board shall within sixty days after the
completion of the work on said road or bridge and the opening of
it for travel, appoint five disinterested freeholders of the county
as commissioners any three of whom may act, who, after being
duly sworn to act faithfully and impartially shall meet at a desig-
nated place on a day named in the order, ten days’ notice of time
and place of which meeting shall be given to the proprietors and
tenants, except that notice need not be given to one who was pres-
ent in person or by counsel when the order was entered, and they
shall go upon the land jn question, examine the premises and hear
all parties in interest and report in writing to the next meeting
of the board what will be a just compensation to each party claim-
ing damages for his land taken, and for the damage to the residue
of the tract beyond the peculiar benefits to such residue from the
road, bridge or landing established or to be established, which bene-
fits shall in no case exceed the damages.

At its next meeting the board shall consider said report, hear
the parties whose property is affected thereby, and if good cause be
shown against the said report, or the commissioners report their
disagreement, or fail to report within a reasoable time, the board,
as often as may seem to it proper, may appoint other commissioners

TR Ee sepetNS
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for the purpose of ascertaining the compensation aforesaid. When
any report of commissioners is confirmed, the board shall provide
for the payment of the compensation allowed therein, unless the
party whose property is taken or damaged shall decline to accept
the amount allowed, in which case, such party may appeal of right
from the order of said board, allowing compensation to the circuit
court on the question of due compensation, which court shall hear
the matter de novo with the further right of appeal to all parties
as provided by general law, but no appeal shall be taken from the
discretionary finding of said board as to the advisability of opening
or altering any road or landing or building any bridge.

Sec. 31. Stone, gravel, sand, earth, clay, timber and other mate-
rial for building and repairing roads, bridges and landings may be
taken for present use as provided in sections twenty-one and those
following of this act, and the board may acquire for present or
future use stone loose or in quarries, gravel beds, sand, earth and
clay or any of them together with ways of ingress and egress to
and from same by condemnation by the same procedure as pre-
scribed in sections twenty-five and those following this section for
acquiring land for a road, bridge or landing, and may acquire a fee
simple or any less estate in the land where such material is de-
posited.

Sec. 32. In what cases county to pay costs and damages.—
When the road or landing is established or altered, the county shall
be chargeable with the compensation to the proprietor or tenant,
and all costs incurred in the proceedings; provided, however, that
when the record shows that the sum allowed by the circuit court
on appeal, as compensation to any proprietor or tenant is not more
than the amount allowed him by the board from whose decision the:
appeal was taken, such proprietor or tenant shall be adjudged to
pay the costs occasioned by such appeal. When the board decides
against the application to establish or alter a road or landing, the
applicant shall pay the costs incurred in the case, except the com-
pensation of the viewers, and except such costs as may be paid by
any proprietor or tenant on an appeal to the circuit court; and
provided, further, that when it shall appear to the board that the
opening and establishing or altering of such road will be for mere
private convenience, then the board may order the same upon condi-
tion that such applicant pay, in whole or in part, the compensation
to the proprietor or tenant, and the cost of the proceedings, and
keep said road in order; but the said road shall not be opened and
established or altered until such compensation and costs shall have
been first paid or the written consent of the proprietor or tenant
given.

Sec. 33. Area for landing; where road or landing not to be
located.—Not more than one acre of land shall be condemned for
any landing, and no road or landing shall be established upon or
through the lands of any cemetery, or through the lands of any
seminary of learning, without the consent of the owners thereof.

Sec. 34. Pay of viewers: commissioners and surveyor; mileage.
—A statement, in writing, showing the number of days each viewer
appointed or employed under the provisions of this sct was em-
ployed, shall be sworn to and presented to the board, and the said
board may allow to each a reasonable compensation not exceeding
one dollar per day, and mileage of four cents for each mile neces-
sarily traveled, not exceeding one dollar, in going to or returning
from the place of viewing.

Sec. 35. Effect of alteration of road; proceedings to discontinue
authority transferred to board—When any road is altered, it shall
be discontinued to the extent of such alteration and no further.
Any ten persons mav apply to have a county road or janding dis-
continued, after posting notice of the intended application on the
first day of a term of the circuit court at the front door of the
courthouse of the county and at two public places in the neighbor-
hood. After said notice has been so published for at least twenty
days, the board, at their next meeting, shall appoint not less than
three nor more than five viewers, of which the superintendent of
roads shall be one, to view such road or landing, and report in
writing whether, in their opinion, any, and if any, what incon-
venience would result from discontinuing the same. Upon the said
report and other evidence, if anv, and after the land proprietors
along the road proposed to be discontinued have been notified, ten
days or more beforehand, the board may discontinue such road or
landing, taking care in every case of an established post road, not
to discontinue the same until another has been substituted; pro-
vided, that all matters now pending in the county court in relation
to the public roads and the building of public bridges, causeways,
wharves, and so forth, shall be, and the same are hereby continued
therein until ended in due course.

Sec. 36. Duty of owner or occupier of dam to maintain road or
bridge; before whom penalty recoverable-—Every owner or occupier
of a dam shall. so far as a road passes over the same, keep such
road and dam in good order, at least twelve feet wide at the top,
and also keep in good order a bridge of like width over the pier-
heads, flood-gates, or any waste-cut or spill-way through or around
the dam; and shall erect and keep in good order, a strong railing
on both sides of such bridge or dam, unless such railing be dispensed
with by the board. If he fails to comply with this section, he shall
be fined two dollars for every failure of twenty-four hours, but the
fine shall not in any case exceed fifty dollars, and where a mill dam
is carried away or destroyed, the owner or occupier thereof shall
not be thenceforth subject to such fine until one month after the
mill shall have been put into operation. Such fine shall be recover-
able before any justice of said county, and when collected shall be
paid to the treasurer of said county, and placed by him to the
credit of the road fund of the district where said dam is located.
Sec. 37. Levy of road tax; how collected and expended; when
board may purchase machinery, and so forth, for improvement of
roads.—The board of supervisors of each county shall annually
levy, along with the county levy, a road tax upon the property,
real and personal, assessed for taxation in their county and not in-
cluded within the corporate limits of any incorporated, town in such
county which maintains its own streets. Such tax shall not be more
than forty cents on every one hundred dollars in value of such
property, and the same shall be collected, accounted for, and paid
out on the warrant of the board as if it were a county levy. Such
fax shall be applied to the building and repair of bridges, defraying
the county’s proportion of expense of construction of any public
bridge therein for which State aid is obtained as may be provided
by law. The purchase of road graders, scrapers and all machinery,
tools, wagons, carts and teams necessary for the proper working
and repair of all the roads of said county, for the support of the
county chain-gang, and the payment of the road superintendent
and his deputies for their service as hereinafter provided. After
the payment of the aforesaid expenses, if there be any of the funds
remaining unexpended, the said board may, out of said fund, pur-
chase crushers and engines; crush stone for sale to the various road
districts of the county at such price as shall be just and equitable,
or it may apportion the remainder of said fund, or any part thereof,
among the several magisterial districts of the county, in proportion
to the amount of road tax paid by each district to the county fund,
to be expended in working, keeping in order and repairing the
public roads in such districts, or it may purchase the carts, tools,
teams, scrapers, engines and harness, which are now owned by any
road district or districts in the county, at a fair and just price, to
be paid out of said general fund, and such price so paid shall be
expended in working, keeping in order, and repairing the public
roads in said district. The board may also erect toll gates on such
of the roads of the county or any district thereof, as were built by
bond issues at not less than five miles apart, and fix the rate of toll
for the various kinds of vehicles, automobiles, locomobiles, and so
forth, in proportion to the damage done by such vehicles, and from
the action of the board in fixing such rate of toll, et cetera, there
shall be no appeal.

They shall use the proceeds of such toll gates for the mainte-
nance, building, opening and repair of the roads and bridges of the
district or districts wherein collected, or, if they order by a three-
fifths vote, for any other road or bridge work in the county.

Sec. 38. Levy of district road tax limit; how collected and ex-
pended; treasurer to keep separate account; when levy to be sub-
mitted to vote of people——The board of supervisors shall annually
levy, along with the county levy, a road tax upon the property,
real and personal, assessed for taxation, in the several magisterial
districts of their county, and not embraced within the corporate
limits of any incorporated town in such county which maintains
its own streets, which shall be applied to the working, keeping
in order and repairing the public roads in such district, and in de-
fraying the district’s proportion of expense of construction of any
public road therein for which State aid is obtained, as may be pro-
vided for by law. Such tax shall be not more than forty cents upon
every one hundred dollars in value of such property, and the same
shall be collected, accounted for, and paid out on the warrant of the
board as if it were a county levy, except that the fund collected from
each magisterial district shall be kept separate by the county treas-
urer, and a different rate of tax may be prescribed for different dis-
tricts in the same county. The amount collected in each district,
together with the amount apportioned to each district, under the
provisions of the preceding section, shall be expended therein; pro-
vided, that when the board of supervisors decide to levy a tax un-
der this and the preceding section exceeding a total of fifty cents
on the one hundred dollars’ worth of property, then before such tax
shall be levied, the question as to such tax shall be submitted to the
people of the county or district affected as to whether such tax shall
be levied. Such election shall be held under the provisions of the
law in regard to the issuance of bonds for road purposes, as set
forth in the general road law, section nine hundred and forty-four-a,
except that upon the ballot used shall be printed “for increase of
road tax” and “against increase of road tax;” and provided, that
no voter whose residence in a town exempts him from said tax,
shall be allowed to vote on said question.

Sec. 39. Board to prescribe rules and plans for making roads,
and so forth.—The board, subject to the direction of the State high-
way commissioner if called upon, shall, from time to time, prescribe
and note upon the records of their proceedings such plans, specifi-
cations, restrictions and directions as they deem best for the work-
ing, keeping in order, and repairing the roads and bridges in their
counties, including any special plans, restrictions, or directions
which they may prescribe for particular roads or bridges, and they
shall, from time to time, fix the price allowed for the hire of hands,
and for the use of teams, plows, and other implements on the public
roads, and the hours of work.

Sec. 40. Compensation of supervisor members of board.—For
the additional services required of the supervisors under this act,
while acting as a part of the Spotsylvania road board, they may
receive from the county road fund two dollars per day while actually
engaged in this work, and four cents per mile of distance from
their respective residences to the courthouse and returning, from
the regular meetings of said board; but they shall not receive any
compensation or mileage for acting as the Spotsylvania road board
on the same day they act as county supervisors, and in no event shall
: the compensation of any one of the supervisors exceed twenty-four
dollars per annum as members of the Spotsylvania road board.
Sec. 41. Board may have road literature printed; hold good
roads meetings, et cetera——The road board shall have authority to
buy or have printed such literature as in their judgment will ad-
vance the cause of good roads among the people of the county, and
it shall be judiciously distributed by the members of the county
road board. The superintendent shall at suitable times during the
year arrange for the giving of farmers’ picnics, meetings or sessions
which may be held in the various school houses when it does not
interfere with the school work, or other meetings, throughout the
country districts of the county, for the purpose of fostering a spirit
of improvement of the public road beds, widening the roads, beauti-
fying and cleaning the roadsides of unsightly filth, brush and nox-
ious weeds, the seeds of which, when distributed, are injurious to
farming operations. When the superintendent is not able to per-
sonally preside at any of these meetings, he shall appoint a super-
visor or such other suitable person as may be obtainable, to preside.
The superintendent shall designate suitable topics in conformity
with the spirit of this section of this act, for discussion by competent
lectures, or to be debated by a limited number of volunteers selected
from the various districts in which the meetings are to be held.

Sec. 42. Superintendent to have charge of meetings, et cetera.—
For carrying out the intention of this section, the superintendent
shall have the privilege of expending out of the district road funds
a sum not to exceed twenty-five dollars for each district in any
one year, to be expended for lights, fuel and other incidental items,
which expenditures and items shall be reported to the county road
board the same as are all other expenditures made uncer the pro-
visions of this act.

Sec. 48. Removal of superintendent.—The county superintend-
ent may be removed from his office at any time by the State highway
commissioner, and the board of supervisors, for inefficiency, or the
neglect of the duties of his office; and any vacancy which may occur
by removal, resignation, or otherwise, shall be filled in like manner,
as provided for his original election, but for the unexpired terms
of the predecessor.

Sec. 44. Not to apply to present bonds.—This act shall not
apply to the expenditure of the present bond issues of any district
in Spotsylvania county, whether said bonds have yet been issued
or not, all of which are to be expended by the present road board,
sometimes called board of public roads, under the provisions of this
act, as it was before amended hereby.

Sec. 45. When general or other special road law to apply.—The
general road law of the State as it is now or may be hereafter, in
so far as the same is not in conflict with the provisions of this act,
is hereby adopted as a part of the same, and the said road board may
adopt the special road law or laws, or any part, or parts thereof,
of any other county, or counties, of the State, by a recorded vote
of three-fifths of their number, as to any matter not in conflict with
this act or the general road law of the State, and the same may be
rescinded at any time by like vote, but said action in adopting or
rescinding shall not be taken except at a regular meeting of the
said board, and after thirty days’ notice thereof has been published
in some newspaper of general circulation in the county, but they
shall in no way at no time change or suspend the provisions of this
act or substitute therefor the provision of any other act or law in
conflict therewith.