Chap. 86.—An ACT to amend and re-enact an act entitled an act to provide
for making, building and keeping in repair the public roads and bridges
in Grayson county, approved March 6, 1900, and as further amended by
an act approved March 14, 1904, approved March 13, 1908. [H B 191)

Approved March 1, 1918. |

1. Be it enacted by the general assembly of Virginia, That an
act entitled an act to provide for making. biilding and keeping in
repair the public roads and bridges in Grayson county, approved
March sixth, nineteen hundred, and further amended by an act
approved March fourteenth, nineteen hundred and four, approved
March thirteenth, nineteen hundred and eight, be amended and
re-enacted so as to read as follows:

The board of supervisors of Grayson county shall have original
jurisdiction to open, establish, alter, change, discontinue and build
all roads and bridges in the county of Grayson.
2. Every petition to open, establish, alter or change any public

road must first be presented to the supervisor of the district in
which the road is, or is proposed to be located, who shall endorse
thereon his approval or disapproval of the same and his reasons
therefor, which petition and the report of the supervisor of that
district shall be laid before the board of supervisors at its next
meeting, and the board shall have authority, in its discretion, to
appoint five discreet freeholders of the county, any three of whom
may act, to view and examine such roads or routes and report upon
the expediency of changing or altering the location of any road or
of opening or establishing any new road; the said viewers shall
subinit estimates of the cost of changing or altering such road or
of opening or establishing such new road. including the building
of any bridge or bridges that may be necessary. and they may
recommend a new or different route or a modification of the route
or change proposed and submit. estimates thereof.

3. At least five days’ notice of the time and place when and
where the said viewers will meet and the purpose of such meeting
shall be given, by one of the viewers, by posting notices at three
or more public places in the vicinity of the proposed new road, or
of the road which it is proposed to change or alter. The viewers.
before they proceed to discharge their duties, shall be severally
sworn to perform their duties impartially and to the best of their
judgment.

The supervisor of the district in which the road is proposed to
he established, or the road altered or changed. shall have authority
to administer said oath to said viewers, or the oath mav be admin-
istered to said viewers by any one having authority to administer an
oath. If the viewers decide that the public convenience requires
the establishment of such new road, or the alteration or change of
such old road, they shall lay out the same, having respect for the
shortest distance and best location, and shall assess the damage done
to land through which the road passes, taking into consideration
the advantage to be derived from the road passing through the land,
and the said viewers shall make report in writing to its next meet-
ing, giving the names of the proprietors and tenants of the lands
on which it 1s proposed to establish, or alter such road, which of
the proprietors and tenants require compensation, and what will be
a Just compensation to each of the proprietors and tenants claiming
compensation. a ,

In all cases where further notice and the service of process or
summons have been waived in writing, by each of the said proprie-
tors and tenants. or in person, or bv attorney before the board, the
board, in its discretion. may, at the same meeting to which said
report is returned, determine the question of establishing or alter-
ing such road, and in its discretion to hear testimony and fix upon
a Just compensation to the proprietors and tenants for the land pro-
posed to be taken and the damage accruing therefrom. But in the
event that further notice and service of process or summons have
not been waived as herein provided, unless the opinion of the board
be against establishing or altering such road, the board shall require
its clerk to issue prociss to summons the proprietors and tenants
of the lands on which it is proposed to establish or alter such road
to the next meeting of the board, to show cause against establish-
ing or altering such road, if any they can, but such process shall
not be necessary, nor shall process issue as to any proprietors or
tenants who have in the manner hereinbefore provided waived or
acknowledged service of such process.

Upon return of said process, duly executed as to all of the said
proprietors and tenants who have not waived or acknowledged ser-
vice of the same, defense may be made to the said proceeding by
any party, and the board of supervisors may, in its discretion, hear
testimony touching the expediency of establishing or altering the
road, and the supervisors may, in their discretion, limit the num-
her of witnesses they will hear for and against establishing the
road, or making the proposed changes. Upon such hearing, unless
the board he of opinion that the road ought not to be established
or altered. in which case it shall so order, it shall proceed to fix
upon a just compensation to the proprietors and tenants for the land
proposed to be taken and the damage accruing therefrom. But if
any tenant or proprietor desire it, or the board see cause for so
doing, it may, im its discretion, appoint five disinterested freehold-
ers of the county as commissioners (any three of whom may act)
for the purpose of ascertaining a just compensation for the land to
be used for such road, after which the same proceedings shall be
had, as provided for the commissioners for a like purpose under
the general road law of the State. Should the board of supervis-
ors be of the opinion that the road should not be opened or change
made, then all cost incident to the application for such new road
or changes shall be paid by the applicant. No money to be paid
for damage in condemnation proceedings till road is accepted and
completed. And the commissioners appointed as hereinbefore pro-
vided by this section shall each receive as compensation for their
services one dollar and twenty-five cents per day.

4. The board of supervisors of Grayson county shall have gen-
eral supervision, control and charge of working and keeping in
repair the roads and opening and making all new roads and repair-
ing the bridges of said county, and the work done and repairs made
on old roads to be done in the spring and summer months of each
vear, so far as practicable. And for this purpose may purchase
such tools, implements and machinery as, In its discretion, it may
deem proper and necessary.

It shall have authority to direct a surveyor of said county to
define the boundary of any road therein, and to alter the grade of
any existing road, and to perform such other service as in the opin-
ion of the board may be necessary to carry out the provisions of
this act, for which service the said surveyor shall receive reason-
able compensation from the said board, not exceeding, however, two
dollars per day, payable out of the road fund.
Each supervisor of the several magisterial districts of the said
county, shall give personal supervision to and shall have imme-
diate charge and control of the roads and bridges in their respec-
tive districts. It shall be the duty of such supervisor, in so far as
practicable and the road fund will admit, to see that the roads in
his district are kept cleared, smoothed of rocks and other obstruc-
tions, of necessary width, and the beds of the roads are raised in
the middle and sloped gradually each way to the sides, well drained,
and secure from the falling of dead timber thereon, and otherwise
in good order; that a suitable sign board is placed and kept. at
every important fork or crossing, on which shall be stated in plain
letters the most noted place to which each road leads; and that suit-
able bridges be constructed and maintained in a safe, substantial
condition over such streams and ravines as may need them, and that
across any stream or ravine where it may be necessary or practi-
cable a sufficient bridge, bench or log shall be made for the accom-
modation of foot. passengers, which shall always be kept in safe
condition, and where the beds of said roads are encroached upon,
such supervisor shall notify the person trespassing by written
notice to remove the obstruction, and if the same be not done in
ten days, he shall cause said obstruction to be removed, and may
recover the expenses, with cost. from said trespasser before any jus-
tice of the peace of said county.

5. The supervisor of each magisterial district of the said county,
in the discharge of his duties, is hereby authorized and empowered
to let the working, improvement and repairs of any road or roads,
or the builidng or repair of any bridge or bridges in his district, to
contract, may lay off the roads of his district into sections, and
appoint or employ road overseers for such section, may employ or
hire laborers. hands, teams, implements and machinery for the pur-

ose of working and repairing the roads and building and repair-
ing the bridges in his district, and appoint or employ foremen, who
shall have charge of the same. and may adopt such other methods,
rules, specifications and regulations as he may deem necessary,
proper or expedient for working and repairing the roads and build-
ing and repairing the bridges in his district, except such supervisor
shall not purchase for the county or for his district any machinery
without first having obtained the consent of the board of supervis-
ors. When work is paid for by the day. not less than ten hours
shall constitute a day's work, and for each day's work the sum of
not more than one dollar and twenty-five cents shall be paid for
each able-bodied adult Jaborer. and when less than a dav’s work is
performed, at the rate of twelve and one-half cents per hour shall
‘be paid. The supervisor shall allow for team and wagon or team
and plow three dollars per day. The supervisor shall pay to each
foreman or road overseer one dollar and twenty-five cents per dav.

6. Each overseer or foreman appointed or employed under the
provisions of this act, shall make out an itemized account of all
work done by him, or under his charge or direction, showing the
teams, tools, implements and machinery used and the number and
names of the laborers employed, the dates on which the work was
done, the number of hours employed each day, and the amount
charged by each laborer for each day or part of a day, shall make
oath to the correctness thereof before the supervisor of the district
in which the work was done, who is authorized to administer oath
for this particular purpose, or before any officer authorized by law
to administer oaths, and present the same to the supervisor of said
district. It shall be the duty of the supervisor to whom such
account is presented to inspect and examine the roads and bridges
for the working, repairing or building of which the account is pre-
sented, and should he be satisfied as to the correctness and reason-
ableness of such report or account, he shall issue a warrant on the
treasurer of Grayson county for the amount due each man, as shown
by said report, payable to the order of said person or persons when
at any time there are sufficient. funds in the hands of the treasurer
to the credit of the magisterial district road fund in which said
work is done.

«. When any blasting is necessary on any public road, the super-
visor of the district in which the road is located shall employ a
competent person to do the same, and shall furnish him with such
tools and material as may be necessay to complete such work. The
person so employed and his assistants shall be paid one dollar and
twenty-five cents per day, when such work 1s completed and an
itemized account thereof made out. It shall be paid out of the road
fund of the magisterial district in which the road is located. If
there is not a sufficient amount of money to the credit of the road
fund of said district, the same shall be paid out of any money of
the county not otherwise appropriated.

8. No new road shall be ordered opened by the board of super-
visors unless it shall first be made to appear that there is sufficient
surplus in the treasury to the credit of the road fund or of money
in the treasury not otherwise appropriated, sufficient to pay the
same.

9. The board of supervisors of said county shall annually levy
a tax not less than twenty cents and not exceeding forty cents on
the one hundred dollars, on all the taxable values of said county
upon which State taxes are levied, for the purpose of this act, and
the fund arising from said tax shall be set apart for that purpose
and no other, and shall be collected as other county taxes are col-
lected, except as hereinafter provided, and the fund of each magis-
terial district shall be kept separate by the county treasurer, and
shall be appropriated and paid out as herein provided by this act.
It shall be the duty of the overseer of roads in each precinct to give
to each taxpayer residing therein at least five days’ public notice
of the time and place when such taxpayer shall have the privilege
of working out the road tax assessed upon his property, in person
or by a satisfactory substitute, and in such manner and with such
tools as the overseer may direct, said notice to be posted at the most
convenient public place to said taxpayer, for which service there
shall be no compensation, unless allowed by said board of super-
visors; but no taxpayer shall have but one opportunity to work out
said tax in one year except by special permission of said overseer.
and without extra cost. When a taxpayer shall have worked out
his road tax, in full or in part, either in person or by substitute, or
by furnishing teams and tools, as provided in this section, he shall
receive from the overseer a receipt for such work to the following
effect :

Received from............. , taxpayer in........ 0.0000, magis-
terial district, .............. days and............ hours work by
ieee eee eeeeeeveeeenaeees , and days and................000.,
hours work of team and................. , Aggregating the sum of
Dene cena eeeees dollars and.............cents. this...............
dav of............5. , mineteen.............4..

De cece e eee ee eee eens , Overseer.

This receipt, when properly filled out and signed by the proper
overseer, shall be delivered to such taxpayer, and shall be taken
up by the county treasurer in payment or part payment, as the case
may be, of the road tax assessed against such taxpayer, but no such
receipt shall be given or taken up in pavment of the road tax
assessed against another.

When any taxpayer shall fail or refuse to work out-his road tax
in person or by satisfactory substitute, or by furnishing teams and
tools as provided in this section, the county treasurer shall collect
the road tax assessed against such taxpayer and place the same to
the credit of the road fund of the magisterial district wherein such
default occurred.

914. It shall be the duty of the county treasurer as soon after
he receives the tax books from the commissioners of the revenue, in
each year, to make out a statement for each overseer or foreman of
road in the said county, showing the road tax assessed against each
taxpayer residing in the several road precincts, and furnish the
same to the respective road overseers or foremen, for which service
he shall receive the sum of twenty-five dollars per year. No tax-
payer shall incur the penalty of five per centum on his road tax for
failure to pay the same by the first day of December in any year
unless he has prior thereto had an opportunity to work out such
tax, and failed or refused to do so.

10. It shall be the duty of each supervisor to go over the roads
in his district at least twice a year, inspect said roads and ascer-
tain whether or not said roads are properly worked and kept in
proper condition and repair, and whether or not the bridges in his
district are in good repair and in a safe condition, for which ser-
vice the said supervisor shall receive the sum of two dollars per
day; provided, however, he shall not be paid for more than twenty-
five days in any one year for services under this act. The clerk of
the said board shall receive such compensation as the board may
prescribe, not to exceed the sum of forty dollars in any one year.

11. The said supervisor, or any person appointed or employed
to work on the roads or build or repair the bridges, as herein pro-
vided, may take from any convenient lands so much wood, stone,
gravel or earth as may be necessary to be used in constructing,
improving or repairing such road or any bridge or causeway there-
on, and may, for the purpose of draining said road, cause a ditch to
be cut through any lands adjoining the same; provided, such wood
and other articles be not taken from, and such ditch be not cut
through, any yard or garden without the consent of the owner.
For any material taken or ditch cut, compensation shall be allowed
only as provided by the general road laws of the State.

12. Whenever the cost of erecting, building or repairing any
bridge in the said county amounts to the sum of five dollars or more
and all damages allowed for opening new roads and costs incident
thereto, the board of supervisors is authorized, in its discretion, to
order that the same be paid out of the county levy.

13. The board of supervisors, in addition to the road tax herein
provided, shall have the authority to appropriate to the road fund
provided by this act any balance that may remain at the end of
any fiscal year to the credit of the county fund or levy, or so much
of said balance as said board may deem wise or expedient to appro-
priate; and in addition to the road tax herein provided, the said
board may, in its discretion, appropriate to the road fund derived
from taxes upon railroad, telegraph and telephone companies, or so
much thereof as the board may, in its discretion, determine to appro-
priate, and the said board may, in its discretion, appropriate such
sums from the district or county road funds to be applied on the
permanent improvements of such roads in the county as it may
deem expedient to permanently improve, and the said fund may be
used with or without State aid for such permanent improvements
as the board may deem best. No foreman or overseer shall work
less than six hands and shall not collect any taxes in money from
any of the taxpayers. No supervisor shall be interested, either
directly or indirectly, in any contract for opening, repairing or
altering any road or bridges or the purchase of any tools or machin-
ery provided for in this act.

14. The board of supervisors shall not let to contract any more
work than, in their opinion, the fund for each fiscal year, raised as
provided for by this act, will be sufficient to pay for.

15. Each member of the board of supervisors, for a failure to
perform any duty required of him under this act, shall be deemed

ilty of a misdemeanor, and shall, upon conviction thereof, be
fined not less than ten nor more than fifty dollars; said fine shall
be applied to the road fund of the district in which the failure to
perform said duty occurs.

16. The general road law of this State, except in so far as the
same is in conflict with the provisions of this act, shall remain in
force in the county of Grayson. .

17. All acts and parts of acts in conflict with this act are hereby
repealed, so far as applicable to Grayson county.