CHAP. 87.—An ACT to amend and re-enact an act, approved March 2, 1888,
entitled an act to provide for making, changing and working roads
in the county of Rockingham, as heretofore amended. fl B 468}

Approved September 10, 1919.

Be it enacted by the general assembly of Virginia, That an
act, approved March two, eighteen hundred and eighty-eight, en-
titled an act to provide for making, changing and working roads
in the county of Rockingham, as heretofore amended, be amended
and re-enacted so as to read as follows:

1. For each magisterial district in the county of Rocking-
ham there is hereby created and established a board consisting
cf the supervisor, a commissioner of roads, and the county su-
perintendent of roads who shall be ex-efficio a member of said
road board. Said board shall have exclusive control of all roads
and bridges within its limits, except as hereinafter provided,
and all district taxes levied for road purposes and for building
and repairing bridges, shall be expended within the magisterial
district in which it is so levied.

2. The supervisors of each district shail be ex-officio chair-
man of the board of commissioners of roads for his district.

3. 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 three dollars per day for each day
actually employed in the discharge of their duties and shall be
paid by warrant on the county treasurer issued by said board
as hereinafter prescribed.

4. The board hereby provided for, shall be a body corporate,
and shall be known and designated as the board of commission-
ers of roads for .............ec0000. magisterial district of
Rockingham county,” and as such shall have the right to con-
tract, and be contracted with, sue and be sued.

5. The commissioner of roads provided for in this act shall
be elected by the qualified voters in each magisterial 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
year, or until his successor has qualified; he shall reside in the
district for which he is elected, and his term of office shall begin
on the first day of January next succeeding his election; he shall
qualify at the time and in the manner provided by law for the
qualification of magisterial district officers, and shall at the time
of his qualification or before he enters upon the discharge of his
duties give bond for the faithful performance of his duties, with
security, in the sum of one thousand dollars.

6. 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 before a justice of the peace; provided, howeve;,
that where there is a road of less than thirty feet 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 district roads and bridges are kept in good
repair, as hereinafter provided for. He shall have the care and
custody of all tools and machinery belonging to the district or
county while in use in his district. When such tools and machin-
ery 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 commissioners of roads. His com-
pensation shall be three dollars per day for each day he. may
be actually engaged in the discharge of his duties under the pro-
visions of this act, to be paid by the county treasurer in the man-
ner hereinafter prescribed. The duties and powers of said com-
missioner 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 commis-
sioner.

7. Each 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 appro-
val or disapproval of same, and his reasons therefor, which
petition and endorsement thereon shall be laid before the
board of supervisors at its next regular meeting. Each
viewer appointed by the board under the general law, shall
be allowed two dollars per day and expenses not exceed-
ing one dollar per day, where such viewer travels over
ten miles, and the county or other surveyor shall receive
two dollars and fifty cents per day for accompanying said
viewer and making necessary survey and be paid in addi-
tion such sum as the board shall determine, for any map of such
change as may be required of him. Said viewers and such ex-
penses to be paid by order of the board of supervisors out of the
county levy for roads and bridges.

8. In case the change of a road shall place it on a line di-
viding two magisterial districts, the commissioner of roads of
the adjoining districts shall divide equitable the expenses of
maintaining said road between said district. In case they can-
not agree the board of supervisors shall divide the same and
direct what part-of said road shall be kept in repair by each
magisterial district. |

9. The board of commissioners of roads in each magisterial
district shall annually make an estimate of the probable amount
necessary to pay all the expenses of keeping in repair the roads
and bridges (except such roads and bridges as are kept in re-
pair out of the county levy) and pay allowance to officers pro-
vided for in this act, and other expenses likely to arise under the
provisions of this act, and shall, before the first day of August
each year, furnish to ‘the county treasurer a statement of taxes
assessed against each person in his district, which tax said treas-
urer shall be required to collect, as other revenues are collected,
and for which he shall receive a like compensation. The funds.
oming into the hands of the county treasurer under the provis-
ons of this act shall be kept separate and shall be held by him
ubject to the order of the board of commissioners of roads to
ye expended in such manner as in its judgment is for the best
nterest of the roads. Provided, however, that no warrant shall
ye issued by said board nor paid by said treasurer except and
inless it shall plainly show to whom and for what the same was
ullowed and issued by said board and that such warrant shall
ye signed by the chairman and clerk of said board. All funds
-ollected in any one district shall be expended in that district.

10. It shall be lawful for the board hereby constituted, to
take charge of and have worked and kept in good repair all pub-
lic roads and bridges heretofore or hereafter established within
their respective districts as herein provided, except bridges
across the rivers and the bridges of thirty feet or more in length
across the creeks shall be kept in repair out of the gen-
eral county levy for roads and bridges. The work may be
done by the day under competent overseers, who shall fur-
nish the commissioner of roads with a statement of ac-
counts once a month. The said board may enter into con-
tract for the repair of any part or .sections of roads if
they deem it to the best interest of the district so to
do. Said road to be kept clear of falling timber, loose
stones, and to be raised in the center and sloped on each side
to ditches of sufficient width and depth to carry off all surplus
water, and all contracts made for the maintenance or repair of
said roads under this act shall so provide, and shall be in writ-
ing and duly signed and filed with the clerk of said board.

11. The said board of commissioners may make such rules
and regulations as it deems necessary to keep the roads and
bridges, over which it has control, in good condition or to im-
prove the same; said board may sub-divide their districts intc
sections and employ competent overseers for each section.

12. The board of commissioners shall divide the public roads
and bridges in their respective districts into two classes: the
first class being those roads and bridges to be maintained out of
the county and State funds; the second class being those roads
and bridges to be maintained out of the district levy. The road:
and bridges of the first class, when accepted as such, to be unde
the control of the board of supervisors and to be maintained ou’
of the county and State funds. The board of supervisors shal
enter on the minutes of the board the roads accepted bv them
The roads of the second class shall be maintained and worker
bv direction of the board of commissioners for the magisteria
district.

13. The board of commissioners of roads shall have th
authority to purchase any necessary tools, machinery and ma-

terials out of its respective district funds, for use in making and

repairing the roads and bridges in its district as herein provided
cr.

14, At the discretion of the board of commissioners of .roads
and by order of said board the road commissioner shall measure
all roads in his district and divide them or any part thereof,
into such sections as in his judgment he may deem best and most
economical.

The road commissioner shall report to the board of commis-
sioners of roads of his district, by April first, or as soon there-
after as possible, the number of sections of roads and the num-
ber of miles in each section when said board may proceed to ap-
portion such amount to each section as in their judgment is an
equitable amount to each section, according to conditions and
needs, and may at the same time appoint a good and competent
overseer for each section thus worked who shall have immediate
Supervision over the work to be done in this section.

Said board may have worked the remaining section in such
manner as in their judgment is best. The overseer shall at such
time as directed by a road commissioner proceed to hire hands
and teams and work his road as directed by the road commis-
sioner, who shall have authority over contractors and overseers,
under the direction of the road board, and when tools and ma-
terials are necessary the commissioner shall report to the board
of commissioners of roads, which may order him to purchase
same. The board shall have the right to remove an overseer or
contractor at any time and work the road otherwise if in its
judgment it would be best.

15. 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 retire-
ment shall turn them over to his successor, or to the commis-
sioner of roads, taking a receipt for same. The overseer shall
perform work on the roads with other laborers; ten hours of
actual work shall be considered a day’s work.

16. When in the opinion of the commissioner of roads, any
road or portion thereof in his district is in need of special at-
tention or work, he shall report that fact to the board of com-
missioners, and if said board deems it advisable, the other mem.
bers may view said road or part thereof, and for such services
each member shall receive the sum of three dollars per day,
while in actual discharge of such duties, payable out of the dis-
trict fund.

17. The board of supervisors in its discretion, may purchase
any necessary machinery and pay for same out of the county
levy for roads and bridges, for the purpose of aiding the magis-
terial district in making and repairing the public roads of the
county and district. It may appropriate out of said funds, or
the general county levy, for the purpose of permanent road im-
provement in any district or districts, such amount as may be
necessary to secure any State aid money available for said dis-
trict or districts, or to secure convict labor for said permanent
improvement of said roads. In case the board of supervisors de-
clines to appropriate the necessary funds required by the State
law to secure State aid money or procure State convict labor,
then the board of commissioners of roads of each magisterial
district shall have the authority with the consent of the board
of supervisors, to make appropriations out of district funds, or
funds raised by private contributions such amounts as are ner-
essary to assure State aid money or convict labor; provided, in
such event the county shall not be chargeable with any liability
or expenses by reason of any district thus procuring any State
road improvement fund or convict labor. —

The cost of expenditure per mile in the permanent improve-
ment of the public road shall be determined by the State high-
way commissioner and the board of commissioners of the roads
in their district or districts in which the improvement is to be
made, except in such cases as require the action of the said
board of supervisors. The distribution of the State and county
aid may be made between the districts of the county, on such
basis as a majority of the board of supervisors in their judgment
may deem right and just; provided, that no part of the State
aid fund which would be due any district, upon an equitable
distribution of same, based upon the tax paid into the State
treasury by said district, shall be taken from the district and
used elsewhere, unless the board of commissioners of roads in
said district declines to use same on roads in said districts, and
fives its consent in writing, signed by a majority of the board
of that district, that said amount may be expended elsewhere,
said writing to be filed with and preserved as a part of the
records of the board of supervisors.

18. The majority of the entire board of supervisors may
adopt any part of the general road Jaw not in conflict with this
act. and the majority of the entire board may also at any time
prior to the first day of January of any year appoint a county
road superintendent whose term of office shall be for a period
of two years from the first day of January following his appoint-
ment. The said superintendent shall be a civil engineer or a
man well versed in practical road-building, and who is compe-
tent to establish grades and keep records as required by law.
The powers and duties of the superintendent of roads to be those
set forth in the general road law so far as they do not conflict
with this act. The salaries or compensation of such superin-
tendent shall be fixed by said board of supervisors; and be paid
out of the county road fund. Such superintendent shall give
such bond as the board of supervisors may direct for the faith-
ful discharge of his duties. |

19. That the commissioner of roads, from each magisterial
district shall meet at the court-house of the county with the
board of supervisors at a time to be fixed by the board of su-
pervisors and shall act with said board in the consideration of
the road question, and to make any changes within the lhmits
of the law they may deem best, for the making, changing and
working the public roads of Rockingham county, and bv a ma-
jcrity vote of all the supervisors and commissioners of roads
present may order the road levies of all the districts, or any of
the districts raised to an amount not to exceed forty cents on
one hundred dollars of assessed property, both real and personal,
in any one year, and should it be determined that the levy for
any one year should be raised over twenty cents on the one hun-
dred dollars of assessed property, both real and personal, in any
district or districts then there shall be not less than ten cents
nor more than fifteen cents of said levy on the one hundred -dol-
lars used for the permanent road improvement. The said board
of supervisors and the commissioners of roads may by a ma-
jority vote of all present, provide for and appoint a clerk for
each of the boards of commissioners in the county, but the same
person mav act as clerk for all of the said boards or for any one
or more of said boards. The duties and compensation of. said
clerk or clerks to be fixed by the said supervisors and said com-
missioners of roads as above provided. In case the board of
supervisors should refuse or fail to appoint a countv road su-
perintendent, then the said clerk shall be a member of the board
of commissioners of roads in the place of said county road super-
intendent.

20. At the end of each fiscal year the settlement of the ac-
counts of each of said board of commissioners showing the re-
ceipts and disbursements of said board shall be made for the
fiscal year then ended. A statement in writing shall be made at
the time of this settlement by said board, signed by each mem-
ber of said board, itemizing in such statement all the funds
which during said year have been in the hands of the treasurer
of said county to the credit of said board and any other funds
which have been under the control of such board and also itemiz-
ing the disbursements which have been made by said board and
setting forth. in their consecutive order, the warrants issued
by said board, the dates of same and to whom issued, and,
briefly, for what debt consideration. Attached to said statement
shall be a certificate signed by the treasurer of said county, set-
ting forth that the statement is true and correct, so far as the
same is shown by the records in his office. When said statement
is sO prepared, with the said certificate of the treasurer attached
thereto, the same shall be submitted to the board of supervisors
accompanied by the paid warrants therein referred to, and said
board shall carefully examine said settlement or statement, and
ascertain whether the same is correct... When found correct, the
said statement shall be published in such manner as said super-
visors direct. If found incorrect the board of supervisors shall
bv such proceedings as are in their opinion appropriate, require
the correction of same by the road board. The costs of publica-
tion of annual statements or settlements shall be paid out of the
funds of the respective road districts.

21. The general road law of this State, except so far as the
same is in conflict with this act, shall be in force in the county
of Rockingham.

22. All acts or parts of acts in conflict with this act are
hereby repealed.