Chap. 130.—An ACT to enact and re-enact sections 2, 5, 6, 19 and 21 of an
act entitled an act to amend and re-enact an act entitled an act providing
for the making, changing, and working of roads in the county of Rock-
ingham, approved March 2, 1888, as amended by an act of the general
assembly approved March 5, 1890, as further amended by an act of
the general assembly approved February 25, 1892, as further amended
by an act of the general assembly approved March 2, 1894, and as further
amended by an act of the general assembly approved February 26, 1896,
approved March 15, 1904, as further amended by an act approved March
10, 1910, approved March 20, 1916. [S B 221]

Approved March 9, 1918.

1. Be it enacted by the general assembly of Virginia, That
sections two, five, six, nineteen, and twenty-one of an act entitled
an act to amend and re-enact an act entitled an act providing for
the making, changing, and working of roads in the county of
Rockingham, approved March second, eighteen hundred and eighty-
eight, as amended by an act of the general assembly approved
March fifth, eighteen hundred and ninety, as further amended by
an act of the general assembly approved February twenty-fifth,
eighteen hundred and ninety-two, as further amended by an act of
the general assembly, approved March second, eighteen hundred
and ninety-four, and as further amended by an act of the general
assembly, approved February twenty-sixth, eighteen hundred and
ninety-six, approved March fifteenth, nineteen hundred and four,
as further amended by an act approved March tenth, nineteen hun-
dred and ten, approved March twentieth, nineteen ‘hundred and
sixteen, be amended and re-enacted so as to read as follows:

2. The justice of the peace consituting a member of said board
shall be chosen and designated by the three justices of the peace
elected and commissioned in each magisterial district. The clerk
of said board shall be chosen by the board from among its members.
The designation of the justice who is to serve on said board shall:
be in writing and shall be preserved and recorded by the board
of commissioners of roads. The commissioner of roads provided
for in this act shall be elected by the qualified voters in each magis-
terial district at the regular November election, when all the county
and district officers are elected, and shall hold his office for a term
of four years, or until his successor has qualified.

5. The commissioner of roads shall have charge of all the roads
and bridges in his magisterial district. His duties shall be to see
that all the roads in his district are of proper width, and in all
cases where they are not to notify the persons trespassing by written
notice, and if the obstructions are not removed after reasonable
notice, not to exceed ninety days, he shall proceed to remove the
fence or other obstructions, and may recover the expense with costs
from the trespasser upon judgment obtained before a justice of the
peace; provided, however, that where there is a road of less than
thirty foot now in use, and a commissioner of roads is satisfied that
no inconvenience will result to the public on account of the width
of said road, he may continue the same. He shall examine all the
roads in his district two or more times in each year, as directed by
the road board, to see that all roads and bridges are kept in good
repair, as hereinafter provided for. He shall have charge of all
tools and machinery belonging to the district or county while in use
in his district. When such tools and machinery are not being used or
operated he shall provide such means as shall be reasonably necessary
to protect such machinery and tools from injury and damage, and
any expenses incurred by the commissioner in so doing shall be
paid out of the district fund on warrant of the board of commis-
sioners of roads. His compensation shall be two dollars per day
for each day he may be actually engaged in the discharge of his
duties under the provisions of this act, and he shall also be allowed
his actual expenses, while so engaged, not exceeding in amount one
dollar per day, to be paid by the county treasurer in the manner
hereinafter prescribed. The duties and powers of said commis-
sioners set out in this section are subject, however, to be changed
by such rules or regulations as the board of supervisors may adopt
respecting the duties and powers of said commissioner.

6. Every petition to alter or change a public road must first be
presented to the commissioner of roads in the district in which the
road is located, who shall endorse thereon his aproval or disapproval
of same, and his reasons therefor, which petition and the commis-
sioner’s report shall be laid before the board of supervisors at its
next regular meeting, and the board may appoint three discreet free-
holders, or may appoint three of their own number, to view the
ground of any proposed change. The county or other surveyor shall
accompany the viewers and, if necessary, survey and map the route.
The whole number of viewers must view, but a majority may decide
for or against the proposed change. They shall submit estimates
of the cost of any change recommended or proposed. They may
report for a modification of the proposed route and submit estimates
therefor.

19. The road board shall meet as hereinafter provided from time
to time, not to exceed twenty-four times in any one year; its members
shall be paid two dollars per day for each day actually employed in
the discharge of their duties, and their actual expenses while so
engaged, not exceeding in amount one dollar per day, and shall be
paid by warrant on the county treasurer issued by said board as
hereinafter prescribed.

91. Each overseer provided for in this act shall be charged with
all the tools and machinery furnished him by the district road board,
giving his receipt for the same, and on his retirement shall turn
them over to his successor, or to the commissioner of roads, takin
a receipt for same. The maximum compensation per day to be pai
overseers and laborers under such overseers shall be fixed by the
board of supervisors. The overseers shall perform work on the
roads with other laborers; ten hours of actual work shall be con-
sidered a day’s work.