Chap. 199.—An ACT to provide for the locating and opening of new roads,
for the altering and discontinuing of any of the existing roads, for the
working, improving and keeping the same in repair; and to provide
for the erection and maintenance of bridges, in the county of Wythe;
and to provide a penalty for obstructing or injuring the roads and bridges
in said county, and for repealing all former special road laws for the
said county of Wythe. [H B 875)

‘ Approved March 14, 1918.

1. Be it enacted by the general assembly of Virginia, That it
shall be lawful to locate, open, change, discontinue, improve, work,
repair, manage and protect the public roads and bridges in Wythe
county as follows:

2. For the purpose of locating and opening new roads, and al-
tering and discontinuing any of the existing roads and for the im-
provement and repair and maintenance of the same, a road commis-
sion for Wythe county is hereby created, composed ex-officio of each
supervisor of the said county and the county engineer hereinafter
provided for. The said road commission shall have the control,
supervision, management and jurisdiction over all of the roads and
bridges within the county; except over territory lying within an
incorporated town which maintains its own streets end bridges.

A majority of the road commission shall be sufficient to transact
any business; provided, however, that no member shall act where
he is interested.

3. As soon as practicable after the passage of this act the board
of supervisors shall recommend to the circuit court of the said
county or to the judge thereof in vacation, who shall appoint either
in term time or in vacation, one or more suitable persons who shall
be a civil engineer and versed in road building, for county engineer,
to hold office until January first, nineteen hundred and nineteen;
and thereafter to be appointed annually upon a like recommenda-
tion. The said county engineer so appointed shall take the oath pre-
scribed for county officers and give a bond with good security, in the
penalty of one thousand dollars, conditioned for his faithful per-
formance of the duties of said office. The board of supervisors shall
fix the compensation for said county engineer, which shall be in the
form of a salary, and which shall be in lieu of all fees.

The supervisors for said services as members of the road com-
mission under this act shall be paid out of the county road funds
the same per diem and mileage and ferriage, for each day’s service,
that they are entitled to for attending a meeting of the board of
supervisors. |

4. Applications for a new road or for changing or discontinuing
an existing road shall be upon the written application of at least
five citizens of the district or districts in which the same is located.
The said application shall state clearly the route to be located, al-
tered or discontinued, the probable cost thereof, the land owners to
be affected thereby, the distance of the same, and whether or not it
1s for public or private convenience. The said application shall be
presented to the board of supervisors at any regular meeting there-
of, and unless the opinion of the board be against granting the
prayer of said application, and in any case where the said board of
supervisors deem it necessary, an order shall be entered upon its
order book appointing five viewers, any three of whom may act, to
make the view and to report on the same, requiring the county en-
oimeer to be present and to assist the said viewers, and fixing a time
for their meeting. Upon making said view, unless they report ad-
versely (in which case the costs of said view and other proceedings
shall be paid by the applicants), they shall make a written report to
he board of supervisors, which report shall comply with the re-
yuirements of the general road law governing the report of viewers,
Lccompanied by a diagram and a description of the route to be pre-
pared by the said county engineer, showing the grade and length of
aid route, the area taken and the probable cost of constructing the
ame. This report shall be returned to the next regular meeting of
he board of supervisors, who are hereby authorized by their order
o locate and establish the said road or any part thereof: to change
r discontinue the existing one or any part thereof, dnd to fix the
om pensation the respective land owners are entitled to under the
vonstitution and laws of the State of Virginia; but before taking
ny such land or constructing any work thereon the owner or tenant
nereof shall be summoned to attend the next regular meeting of the
21d. board of supervisors to show cause, if any he can, against the
rme. At the next regular meeting, if process has been served as the
yw directs, the said board of supervisors shall proceed to fix the
ym pensation as aforesaid, at which time it shall hear the parties
interested and any evidence that may be olfered pro and Gh, oe
such compensation shall be appropriated and paid to the parties
entitled thereto, or a warrant be left therefor with the clerk of the
said board, payable to the order of the party entitled thereto. All
roads so established shall be thirty feet wide, unless the order shall
prescribe a different width.

With each application the applicants shall make a sufficient de-
posit, or shall file a bond with good security in a penalty sufficient
to pay all costs of the said proceeding and view in case there be an
adverse report.

5. If any of the said land owners are aggrieved with the award
of damages fixed by the said board of supervisors in their order as
aforesaid, an appeal of right is hereby given to such party or parties
to the circuit court of the said county. In every such appeal the
Commonwealth’s attorney for the county shall appear for the road
commission, and he shall be entitled to a fee of ten dollars to be
taxed as part of the costs in said proceeding. The said court upon
hearing said appeal may hear oral testimony upon the question in-
volved. In fixing the amount of damages, in addition to that al-
lowed for the land actually taken, the ‘board of supervisors upon
the application and the court upon an appeal, shall consider the
question of compensating advantages in determining said question.

6. Whether an appeal be taken or not, when the damages have
been paid or left with the clerk for the parties entitled thereto, as
hereinbefore provided for, the said road commission may enter upon
the lands taken and proceed to construct the work thereon as set out
in the report and order hereinbefore provided for. No order shall
be entered and no injunction awarded by any court or judge to stay
the same, unless it is made manifest that the said road commission
is exceeding its authority, or irreparable damages are about to be

one. :

7. If upon such appeal an increase of damages be awarded any
land owner, the work to be constructed thereon shall not proceed
until the said amount is paid to the party entitled, or into court for
them. Where, upon an appeal, the damages are not more than the
amount allowed by the board of supervisors, the appellant shall pay
all costs occasioned by his appeal.

8. The expense of opening a new road and of discontinuing an
existing one shall be paid out of the general county fund, and the
expense of altering any existing road shall be paid out of the same
fund where the costs of said alteration exceeds the sum of fifty dol-
lars; but where the costs of said alteration is fifty dollars or less
amount it shall be paid out of the district funds of the district in
which said alteration is made.

9. Bridges are hereby declared to be a part of the road upon
which they are located, and any provision in this act applying te
roads shall mutatis mutandis apply to bridges and their approaches.
and the proceedings affecting the same shall be the same as those
which apply to roads.

10. The board of supervisors shall from time to time prescribe
and note upon the records of their proceedings such plan, specifica-
tion and directions as they deem best for the working, keeping in
order, repairing and improving the roads and bridges in the county,
or for any particular road or bridge therein, and shall from time to
time fix the price allowed for the hire of hands, for the use of teams,
plows, and other implements used on the same.

11. The said county engineer shall have charge of and be respon-
sible for all machinery, appliances and tools furnished by the board
of supervisors, and shall upon the authority of the said board of
supervisors hire such teams, wagons and labor at the current prices
therefor that shall be necessary, and he shall supervise personally
the opening and construction of all roads. A daily time book shall
be kept of the labor and of any other expense, and a monthly report
and payroll thereof shall be returned by him to the board of super-
visors each month, and when approved by the said board of super-
visors the same amounts shall be allowed upon the order book by
the said board of supervisors and the clerk thereof shall issue to the
parties entitled a regular county warrant therefor.

_12. For the working and keeping in repair the roads in any dis-
trict, which is payable out of the district fund, of the several dis-
tricts in the county, respectively, there shall also be furnished and
equipped a necessary force or forces of hands, in each district if
available, with tools, machinery, et cetera; and which the county
engineer shall personally supervise. Such district work, however,
shall be under the sole authority of the supervisor of the district
Instead of the authority of the board of supervisors.

A monthly report and payroll shall be kept for each district,
Which is to be returned each month by the said county engineer to
the board of supervisors, and if approved by the supervisor of the
sald district, may then be allowed by the said board of supervisors
and the said amounts entered upon its order book, and the clerk
thereof shall issue to the parties entitled a district warrant there-
for. payable out of the fund of the district in which said work was
done. For the purpose of making up the monthly report and pay-
roll provided for in this section, a daily time book shall be kept in
ach district of the labor and any other expense incurred therein.

13. When the board of supervisors decide that it is necessary
‘0 open a road, or build a bridge, or to improve and macadamize a
road or part thereof, and that it is not practicable for any cause that
he said county engineer have it done, the board of supervisors may
ontract therefor in writing, requiring the filing of a sufficient bond
ind plans and specifications therefor, and to that end may appoint
ommissioners to receive proposals therefor. And any such work so
ontracted for shall, during its progress, be supervised by the said
ounty engineer or some other competent person employed by the
aid board of supervisors, and shall be approved by him before its
inal acceptance.

14. The said county engineer shall cause the roads in said county
0 be kept cleared, smoothed of rocks and obstruction, of necessary
midth, well drained and otherwise in good order and secure from
the falling of dead timber thereon. He shall cause to be placed
and kept across each stream where it is necessary and practicable a
sufficient bridge or log for the accommodation of foot passengers.
He may take from the most convenient lands so much wood, stone,
gravel or earth as may be necessary to be used in constructing or
repairing any road or bridge therein. For the purpose of draining
the roads of said county he may cause a ditch to be cut through the
lands adjoining the same; provided, such wood and other material
be not taken from, and such ditch be not cut through any yard or
garden without the consent of the owner; and provided that no
fruit tree or ornamental tree be cut or destroyed, where the same
does not interfere with travel along said road.

15. If the owner or tenant of any such land think himself in-
jured on account of anything done under the provisions of the pre-
ceding section, and he cannot agree with the said county engineer
as to the amount of said damage, they shall report the same to the
next regular meeting of the board of supervisors, who shall hear
the parties and any evidence that may be offered touching the same
by either, and the board of supervisors shall determine the amount,
and by its order direct a county warrant to be issued to the party
entitled thereto, subject to an appeal by the said party to the circuit
court of the county as in other cases.

16. The provisions of the general road law of the State so far
as applicable and which are not inconsistent with the provisions of
this act are to be recognized as a binding force and effect in the said
county of Wythe. Nothing herein contained shall be construed as
interfering with or curtailing the powers of the State highway com-
missioner or any federal commissioner, over any State or national
highway located in the county of Wythe, which is built or main-
tained bv the State or federal aid.

17. When any person or persons appear before the board of
supervisors of said county and deposit a sum of money not exceed-
ing five thousand dollars, or enter into an approved bond. with good
security, in the penalty of twice the amount subscribed by them,
which smount subscribed shall not exceed the sum of five thousand
dollars, for the purpose of grading and macadamizing any public
road or part thereof in the said county, then the said board of su-
pervisors are hereby authorized in their discretion to appropriate,
out of the county fund not otherwise appropriated, an amount equal
to the amount so deposited or subscribed, as aforesaid, to be used
for said purposes; provided, however, that the said sums shall be
expended on the warrant of the said board of supervisors and the
work to be done shall be under the supervision of the said county
engineer as in other cases. For handling the funds so deposited or
subscribed as aforesaid, the treasurer’s compensation therefor shall
be fixed by the said board of supervisors in each case.

18. It shall be unlawful for any person to obstruct any of the
public roads or bridges of the county, or to injure the same, by
felling trees across the same, or to place or deposit thereon an

stones, stumps, earth or other obstructions, or in any way to in-
terfere with the free flow of water along and in the ditches or water-
ways constructed or opened to carry off and drain the said roads.
Any person violating this section shall be guilty of a misdemeanor,
and upon conviction thereof shall be fined not less than five dollars
nor more than twenty-five dollars.

19. Chapter six hundred and thirty-six of the Acts of Assembly,
eighteen hundred and ninety-nine-nineteen hundred, and amendment
thereof by chapter three hundred and fifty-nine of the Acts of Gen-
eral Assembly, nineteen hundred and one-nineteen hundred and two,
and chapter five hundred and eighty-eight of the Acts of General
Assembly, eighteen hundred and ninety-seven-eighteen hundred and
ninety-eight, and the amendment thereof by chapter three hundred
and four of the Acts of General Assembly, nineteen hundred and
fourteen, and all other acts and parts of acts inconsistent with this
act are hereby repealed.

20. Because this act requires the immediate election of a county
engineer for the said county of Wythe, an emergency is declared to
exist, and this act shall therefore be in force from its passage.