Chap. 185.—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 Taze-
well county, approved February 24, 1888, and further to provide for per-
manent improvement of the roads in 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, and 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 as amended and re-
enacted by an act approved March 138, 1912, and as amended and re-
enacted by an act approved March 4, 1914, and as amended and re-
enacted by an act approved March 16, 1916, and to provide for the
working, repairing, maintaining and improving the roads in Tazewell
county. [H B 487]

Approved. March 14, 1918.

1. Be it enacted by the general assembly of Virginia, That 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 Taze-
well county, approved February twenty-fourth, eighteen hundred
and eighty-eight, and further to provide for permanent Improve-
ment of the roads in said county, approved February twenty-ninth,
eighteen hundred and ninety-two, as amended and re-enacted by an
act approved February twelfth, eighteen hundred and ninety-four,
as amended by an act approved January eleventh, nineteen hundred,
and as amended and re-enacted by an act approved January twenty-
seventh, nineteen hundred, and as amended and re-enacted by an act
approved December seventeenth, nineteen hundred and one, and
as amended and re-enacted by act approved March eighth, nineteen
hundred and ten, and as amended and re-enacted by an act approved
March thirteenth, nineteen hundred and twelve, and as amended
and re-enacted by an act approved March fourth, nineteen hundred
and fourteen, and as amended and re-enacted by an act approved
March sixteenth, nineteen hundred and sixteen, and to provide for
the working, repairing, maintaining, improving and protecting the
roads of Tazewell county, and to provide for the establishment of
tall gates thereon, and for the regulation of width of tires of vehicles
with reference to the weight of the load, and to provide penalties
for violations of the provisions of the act, be amended and re-
enacted so as to read as follows:

Section 1. For the purpose of establishing, altering and dis-
continuing, working and keeping in order the roads and bridges of
Tazewell county, and for all supervision and control of same, ex-
cept as hereinafter otherwise provided, there shall be and is hereby
created for each of the three magisterial 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.

Sec. 2. At the February term, nineteen hundred and sixteen, or
thereafter in vacation, and every two years thereafter, there shall
be appointed by the circuit court of Tazewell county, Virginia,
upon the joint recommendation of the board of supervisors and
the Commonwealth attorney of said county, two intelligent public-
spirited citizens of each of the magisterial districts, who shall be
selected as far as practicable from the different sections of such dis-
tricts, and who shall be qualified voters in the districts for which
they are appointed. These persons shall qualify as such road com-
missioners by appearing before the clerk of the circuit court of
Tazewell county by taking and subscribing the oaths of office pre-
scribed by law.

Sec. 3. The said two persons so appointed and qualified for any
magisterial district of said county, together with the supervisor of
such district, shall constitute the board of road commissioners for
such district.

Sec. 4. The board of road commissioners shall, before the sec-
ond Tuesday in April, ninetéen hundred and sixteen, meet at the
courthouse of Tazewell county, and organize by electing one of their
members clerk of the board of road commissioners, whose duty it
shal be to keep a record of the proceedings of all meetings of the

ard.

Sec. 5. 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 Septem-
ber. Said meetings to be held at the courthouse, and the board may
hold other meetings at such times and at such places as the super-
visor, as the chairman of the board, may designate, provided that
said commissioners shall not receive compensation for more than
six meetings during any one year, except when they are summoned
and meet in cases of application for a new road, or changing or
discontinuing an existing road, as hereinafter provided for. The
supervisors and road commissioners hereby provided for shall
recelve aS compensation two dollars and fifty cents for each day
actually engaged in the duties devolving upon them under the pro-
visions of this act. Said sums to be paid out of the district road
funds for the respective districts.

Sec. 6. The oftice of district superintendent of roads heretofore
created, be, and the same is hereby, abolished.

Sec. 7. The board of supervisors of said county shall employ a
competent road engincer, herein designated as county road engi-
neer, and such county road engincer shall also be an expert account-
ant, and he shall supervise and have charge of the repair and main-
tenance of the macadam roads of Tazewell county, and bridges con-
nected therewith, and subject to the supervision and control of the
boards of road commissioners for their respective districts; he shall
have charge of the construction and improvement of all other roads
of said county, and he shall see that all roads in the county are of
proper width and clear of obstructions, and in places where they
are not of 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 three days after the giv-
ing of such notice, he shall cause the same to be removed, and report
same to the board of supervisors of the county, who shall recover
the expenses incident thereto, with the cost, from the person or per-
sons obstructing such roads or ditches, by.a judgment of a justice
of the peace or of the circuit court according to amount involved,
and any money so recovered shall be turned into the district road
fund of the district in which such obstructions occurred. Any per-
sons who may, by threat, force or otherwise hinder, delay or prevent,
or attempt to hinder, delay or prevent said county road engineer
from performing his duties under this act, shall be guilty of a mis-
demeanor, and shall be fined not less than twenty dollars nor more
than one hundred dollars, or be confined in the county jail not
exceeding six months, or both.

Said county road engineer shall, subject to the approval of the
board of road commissioners of the several magisterial districts,
have authority to purchase on behalf of the respective magisterial
districts, all tools, equipment and materials necessary to successfully
carry on said work under this act, and may have such work done
by contract force account or convict labor, subject also to such
approval. The county road engineer shall make a separate report
for each magisterial] district to the board of supervisors on the sec-
ond Tuesday in such month, of work done by him, under his direc-
tion, during the preceding month, in each district, and an itemized
account of all expenses incurred by him, or through or under him,
during each preceding month, the time worked by such laborer and
foreman, the amount due each and the work done under contract,
and if the work has been done under contract, the amount due such
contractor or contractors for the preceding month, and all amounts
due for such preceding month on account of work done by or inci-
dent to the construction, improvement, re air or maintenance by
convict road labor as to each district, all of which shall be verified
by oath of such county road engineer. The board of supervisors
shall allow all claims so incurred to be paid out of the district road
levies of the respective districts in which said road work was done.

Sec. 8. -In opening new roads, or making changes in location of
old roads, said board of commissioners may let the same to contract
to the lowest responsible bidder, after duly advertising the same, or
if they may see fit, require the county road engineer to take per-
sonal charge of such work, and have the same done by force account,
contract or convict labor.

Sec. 9. For the purpose of the repair, maintenance and upkeep
of the macadam roads and bridges connected therewith of said
county, it shall be the duty of the board of supervisors of said
county to levy an annual tax not exceeding twenty-five cents on the
one hundred dollars worth of all property in the magisterial dis-
trict of said county, both real and personal, taxable for county pur-
poses, excepting all incorporated towns. The amount from each
magisterial district shall be kept separate, and shall be known as
the ‘district maintenance road fund,” and shall be expended on the
macadam roads and _ bridges connected therewith im the district
from which it is collected, under the direction and authority of
the county road engineer.

And for the purpose of the repair and maintenance of other
roads and bridges in the county, and for the purpose of opening
and changing the other roads of said county, and for the purpose
of the permanent improvement of the other roads of the county,
and construction of bridges connected therewith, it shall be the duty
of the board of supervisors of said county to levy an annual tax not
to exceed thirty-five cents on the one hundred dollars worth of all
property, both real and_ personal, taxable for county purposes,
excepting all incorporated towns, in the respective magisterial dis-
tricts of said county.

The amount from each magisterial district shall be kept sepa-
rate and shall be known as the “district road fund,” and shall be
expended on the roads and bridges in the district from which it is
collected, under the authority and direction of the road board for
sald magisterial district.

Sec. 10. That application for a new road, or changing or dis-
continuing an existing road, must be upon written petition addressed
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 land owners
through whose lands the proposed new road or alteration extends,
which shall be signed by the petitioner or his counsel, and for-
warded to the clerk of the circuit court of Tazewell county, who
shall forthwith issue a summons to the members of the road com-
mission in whose district the proposed road, alterations or discon-
tinuance is: and if in more than one district, then also to the mem-
bers of the road commission of any other district affected thereby,
to appear at a point on the proposed 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 accordance with said application, or, if such road
commission, upon view of such proposed route is of opinion of a
better location for such proposed new road, or change can be
obtained by viewing another route, then in that event the said com-
mission 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 spe-
cifically the change of route of the new road from point to point,
also stating the names of the land owners through whose lands the

roposed new road or alteration extends, or report adversely, accord-
ing to their judgment. They, or any of them attending, may
adjourn the proce:lings 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 employ an engineer
when necessary, who shall be allowed reasonable compensation for
the services rendered. The majority of the members of the com-
mission shall rule on all questions. The clerk of the circuit court
of Tazewell will, at the time of the issuance of the summons to the
members of the road commission issue a summons to land holders
named in said petition to appear at the same time and place named
in the summons to the said commission to show cause against the
establishment, alteration or discontinuance, and should said peti-
tion omit any land owner interested the summons to said interested
land owner may be issued on the application of any party in inter-
est, 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 land owners to be served under the general road
law. The action of the board of road commissioners in establish-
ing, 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 or the road commission within five days from
the day such action or decision is made, and if so noted an appeal

may be taken to another commission composed of two supervisors
and one road commissioner 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 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 merits of the
case, giving due regard to the interests of the applicants and land
owners as well, and from the decision of such commission there
rhe no appeal except in the matter of damages, as herein pro-
vided.

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 opinion as to render it improper for him to
pass upon the opening or location of such road, change or discon-
fnuance, 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 and stead.
Should such commission establish a road or make any change or
alterations in same, they shall assess damages to the land owners,
and file in the clerk’s office of the circuit court of Tazewell county
4 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 alterations with said
report, and said report and plat shall be recorded by the clerk of
sald county 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 payable until the Com-
monwealth’s attorney has been so notified, and such notice entered
on the record book of the board of supervisors; and then the clerk
of the county or of the board of supervisors shall not issue any
warrant for any damages allowed against the county until the report
of the commissioners is filed in the clerk's office and recorded, nor
shall the county treasurer pay any warrant for such damages until
the clerk certifies on the warrant that the report of the commission
has been filed and recorded in his office. No work shall be done on
any road so established or altered until the report of the commission
in reference thereto has been filed in said office, and no warrant shall
be issued by the clerk for work done or material furnished in the
construction of such road until report of the commission has been
filed in said office.

Said report made by said second commission establishing a road
or making any changes or alterations in any existing road shall be

1, except as herein 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‘appeal 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 vacation, for an appeal
on said question of damages, or the Commonwealth’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 attorney to take such appeal and no
bond shall be required in any case where the county is appellant;
and the same shall be allowed by said court or judge, and the cause
placed on the ddcket for trial at the next term of the said court;
no appeal shall be allowed a land owner 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 within thirty days from the time the Commonwealth’s attor-
ney has been notified of the award of damages against the county
in any case.

Sec. 11. A trial of said appeal shall be by jury unless the same
be waived by all parties and without formal pleadings, 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 awarding damages for the opening, changing or
extending any road, and in case of any appeal and every other mat-
ter connected with this act the road commission shall be represented
by the Commonwealth’s attorney of Tazewell county. On said
appeal the court or jury shall ascertain the amount of damages
sustained by the land owner or land owners involved in the appeal,
as provided above, and on request of the Commonwealth’s attorney
or of the board of supervisors, the same shall be certified to the
board of supervisors at their next meeting to determine by a
recorded vote whether the expenditure is deemed proper, and if a
majority of the members present shall deem it inexpedient the expen-
diture shall not be made, but if no such request be made it shall not
be necessary to refer the matter to the board of supervisors: pro-
vided, however, that in event the road has been constructed through
the land of any person involved in the appeal, or any part thereof,
the question of whether the expenditure 1s deemed proper shall not
be referred to the board of superyisors so far as such land owner is
concerned; but judgment shall be given for such damages.

Sec. 12. Whether any such appeal on the question of damages
shall be taken or not, the board of road commissioners for the dis-
trict 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 the
court in vacation, the sum ascertained by the commissioners locat-
ing 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 the part of the land
described in such report, and no order shall be made or any injunc-
tion awarded by any court or judge to stay the proceedings of such
board ef road commissioners in the prosecution of their work, unless
it be rnade manifest that they, their officers, agents or servants are
transcending their authority, and that the interposition of a court
isnecessary to prevent injury that cannot be adequately compensated
in damages.

Sec. 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.

Sec. 14. 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 commission.

Sec. 15. Whenever any of the land owners are infants or suffer-
ing 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 defendants,
and said guardian ad litem shall represent said infant, or such per-
son under legal disabilities, and shall receive the same compensa-
tion, 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 dis-
charge of his duties under this act, whenever the same may be neces-
sary, 1S empowered to administer an oath.

Sec. 16. 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 dis-
trict in which the road is, an agreement that he or they will open
same and keep the same in order. That all new roads established,
changes or alterations made shall be of the width to be determined
by the road commission viewing, esta biishing or changing the same,
the grade, in no case, except on roads to opened and kept in
repair by persons for their own private convenience, shall exceed
seven per centum, except on locations where heavier grades cannot
be avolded, and the same shall be established with or without gates
as they deem best, and in case they report adversely upon any peti-
ion, 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 jus-
tice in the name of the board of supervisors of Tazewell county.

Sec. 17. The clerk of the board of supervisors shall, in a suit-
able book kept for that purpose, open an account with each magis-
terial district of the county, on which shall be charged all war-
rants drawn on the district road fund, and district maintenance 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 October 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 pub-
lished in a county newspaper at the expense of the respective dis-
tricts.

No supervisor, road commissioner or county road engineer of
roads shall be interested, either directly or indirectly, in any con-
tract given under the provisions of this act.

Sec. 18. If the supervisors, road commissioner or county road
engineer, 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 punished by a
fine of not less than twenty dollars, nor more than one hundred
dollars, and may be removed from office by the circuit court of
Tazewell county. All prosecutions for the violations 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 county road engineer to
be sent before every grand jury as a witness. All money now in
the hands of the treasurer of Tazewell 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 per-
manent road funds, shall be expended under this act.

Sec. 19. The county road engineer, before entering upon the
discharge of his duties, shall enter into a bond, payable to the said
board of supervisors, in such amount as the board of supervisors
may deem advisable, not exceeding five thousand dollars, and con-
ditioned to faithfully perform and discharge his duties under this
act; and the board of supervisors is vested with authority to remove
any such county road engineer from office.

Sec. 20. The board of supervisors of the county shall sue and
be sued in relation to the enforcement of all rights, remedies and
liabilities connected with the roads of the county not otherwise
herein expressly provided for: however, in case any district board
of road commissioners, or appeal board, shall exceed or attempt tc
exceed its authority under this act, nothing herein contained shall
prevent any person from applying to court for relief against such
board so exceeding its authority, its officers, agents and servants
as provided by law. All actions and suits instituted by the board
of supervisors shall be at the costs and expenses of the district or
districts in which are located the portions of the road to be affected
thereby, which costs and expenses shall be paid out of the road fund
of such district; and in case any money is recovered in any pro-
ceeding, it shall be turned into the road fund of such district. All
actions and suits against the board of supervisors shall show an
account of what districts the lability is claimed, and all judgments
recovered against said board of supervisors shall be payable out of
the district road funds of the district in which the lability was
incurred, together with all fees, costs and expenses incident thereto.

Sec. 21. The board of supervisors is authorized to erect, main-
tain and operate toll gates upon the macadamized or otherwise per-
manently improved roads of the county on such day or days as they
may deem proper, 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, provided
that such rates shall not exceed those fixed by general law for turn-
pike companies.

If any person subject to the toll prescribed by the board of super-
visors shall attempt to pass, or shall pass, or shall cause any vehi-
cle, animal or other thing subject to the prescribed 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 mis-
demeanor, and upon conviction thereof, shall be punished by a fine
of not less than two dollars nor more than twenty-five dollars.

All tolls collected shall be paid to the treasurer of the county
and be deposited to the credit of the district road fund in the dis-
trict in which collected, and all expenses and costs of erecting, main-
traning and operating said toll gates shall be paid out of the district
road fund of the district in which said toll gates are located.

Sec. 22. The board of supervisors is hereby authorized to enact
special legislation regulating and prescribing the width of tires of
vehicles with reference to the weight of the load in order to protect
the roads of the county from undue injury; and also to prohibit
heavy traffic over the roads of the county, or such of them as they
may deem proper during wet weather, or during any thaw after
a freeze, or during the melting of any snow-fall and for a reason-
able period after such time; and also to enact such other special and
local legislation, not in conflict with the Constitution and the gen-
eral laws of the Commonwealth, as they may deem expedient to pro-
tect, the public roads, ways and bridges of the county from encroach-
ment or obstruction, and from any improper or injurious use thereof.
Any violation of any enactments under this section of this act shall
pe deemed a misdemeanor, and shall be punishable by a fine of not
less than five nor more than one hundred dollars for each offense.

] acts and parts of acts in conflict with the provisions of this
ict are hereby repealed.

An emergency existing on account of great injury having been
done to the roads of the county by heavy hauling and narrow tires,
especially on account of recent unusual weather conditions, and the
desire of the road authorities to more effectually protect the roads
of the county from undue injury, this act shall be in force from its

passage.