Chap. 153.—An ACT to empower the road boards of the several magis-
terial districts of Loudoun county to erect, maintain and operate toll
gates on certain roads in said districts. (H. B. 175.)

Approved March 11, 1916.

1. Be it enacted by the general assembly of Virginia, That
the road boards of the several magisterial districts of Loudoun
county, in order to improve, maintain and keep in good repair
the macadamized or otherwise permanently imnroved roads in
said districts are hereby authorized and empowered to erect,
maintain and operate toll gates upon said macadamized or other-
wise permanently improved roads in their respective magisterial
districts, if in their judgment such toll gates are desirable, and
to demand and receive tolls thereon at such rates of toll, and
under such rules and regulations, as they may prescribe. Such
rates of toll may be prescribed and enforced by the said district
road beards upon each section of five miles of said roads as may
be necessary to pay the cost and expense of operating said toll
gates and of improving, maintaining and keeping in good repair
the road within such section. For a fractional part of any sec-
tion of five miles, if in their judgment it is necessary, the said
district road boards may erect toll gates thereon and demand
and receive only such proportion of tolls as the said fractional
part bears to a full section of five miles.

2. All tolls upon any such section shall be expended by said
district board in the improvement, maintenance, and keeping
in good repair the road within such section; unless and except
such other expenditures be first approved by the circuit court
of Loudoun county, or the judge thereof in vacation, by an order
duly entered of record in the clerk’s office of said court.

3. The said district road boards are hereby authorized and
empowered to erect such buildings, fences and gates, and to
employ such collectors, or toll gate keepers, and other servants,
to require bond of such employees conditioned for the faithful
discharge of their duties, and are hereby vested with all such
general powers as may be necessary to maintain and operate
the toll gates and collect the tolls as provided in this act.

. The said district road boards shall be accountable for
all tolls collected by them in their respective districts, and all
monies and tolls so collected in any district shall be deposited
by the road board of such district at the end of each month
with the treasurer of Loudoun county and by him credited to
the road funds of such district, but in a separate account from
the other road funds, and shall be disbursed upon the warrant
of said district road board. But before any tolls shall be so
demanded or received by the said district road boards under
this act, they shall each enter into an acknowledged bond be-
fore the clerk of the circuit court of Loudoun county in such
sum as the said court, or the judge therein in vacation, may pre-
scribe, with security to be approved by the said court or the
judge thereof, conditioned for the faithful discharge of their
duties hereunder.

5. The district road boards shall file with the clerk of the
circuit court of Loudoun county, regularly at the end of each
calendar month a statement showing the amount of tolls col-
lected during the month upon each road or section, the amounts
expended in cost of operating and collecting said tolls, and the
sums expended on such section in maintaining and keeping in
repair of the said section or sections, which said statements
shall at all times be open to public inspection.

6. The said district road boards shall from time to time
cause a list of toll rates to be printed, and have such rates posted
conspicuously at each toll gate.
4. All collectors or toll gate keepers employed by the said
district road boards are hereby vested with the powers of special
police or constables while engaged in the performance of their

uties.

8. If any person subject to the toll prescribed by the road
board of any district shall attempt to pass or shall pass, or shall
cause any vehicle, animal or other thing subject to the pre-
scribed toll to pass any toll gate, or other regular place for the
payment of tolls, without paying or tendering such toll, he shall
be deemed guilty of a misdemeanor and, upon conviction thereof,
be punished by a fine of not less than one or more than ten dol-
lars, which, upon collection, shall be paid to the treasurer of
Loudoun county and by him credited to the road funds of the
district in which such offense occurs in the same manner as tolls
are credited as herein provided.

9. If any person shall wilfully or maliciously injure, de-
stroy, deface or remove any toll gate, fence, house or other prop-
erty used, owned or occupied by the district road board of any
district in connection with the collection of tolls, or used, owned,
or occupied by any collector or toll gate keeper in connection
with such collection, or if any person shall attempt to interfere
with any collector or toll gate keeper whilst engaged in the col-
lection of tolls or in performance of his duties as such, he shall
be deemed guilty of a misdemeanor and, upon conviction thereof,
be punished by a fine of not less than one nor more than ten dol-
lars, which upon collection shall be paid to the treasurer of Lou-
doun county and by him credited to the road funds of the dis-
trict in which such offense occurs in the same manner as the tolls
are credited as herein provided.

10. Upon the complaint of five or more persons residing in
any district that a section or sections of road, or the fractional
part of a section of road, in said district, on which tolis are be-
ing demanded and received under this act, are out of repair,
or that the rates of toll being charged thereon are unreasonabd'!2
and excessive, or that the monies received from the collection
of tolls are not being expended by the cistrict road hoard of such
district in the manner provided herein they may apply by peti-
tion in writing to the circuit court of Loudoun county, or the
judge thereof in vacation, which said petition shall be sworn
to, and the district road board of such district shall be made
party defendant to said petition. The said petition shall set
forth the matters complained of, and may be heard by the court,
or the judge thereof in vacation, but no hearing upon the said
petition shall be had until after fifteen davs’ notice of said ap-
plication, together with copies of the said petition, shall have
been duly served upon the members of such district road beard.

11. The court, or the judge thereof in vacation, shall hear
the case set out in said petition upon the evidence introduced
by the parties to this proceeding, and if the court, or the judge
thereof, shall be satisfied from all the evidence that the said
268 ACTS OF ASSEMBLY. [VA

section or sections complained of are not in good repair, it may
in its discretion, by an order duly entered of record in the clerk’:
office of the said court suspend the collection of tolls thereor
for such time and upon such conditions for the repair thereoi
as it may deem proper; and if the said court or the judge thereof
shall be satisfied from all the circumstances and facts intro.
duced in evidence that the rates of toll complained of are un-
reasonable or excessive, or that the monies received from saic
tolls are being expended by the district road board of such dis-
trict in violation of the provisions of this act, it may, by an
order duly entered of record in the clerk’s office, of the said court,
revise and correct the said rates in such manner and for such
time, and take such order to secure the proper application of the
monies received from said tolls as in its discretion may be deemed
proper, And the court in its discretion may require security
of the complainants for the costs of such proceeding, and may
enter such order as to costs upon a final hearing as in its dis-
cretion may be deemed proper.