Chap. 174.—An ACT to amend and re-enact an act, approved March 2, 1888,
providing for the making, changing, and working of roads in the county of
Rockingham, approved March 8, 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 the act of the general assembly, approved February 26, 1896, approved
March 15, 1904, as further amended by an act approved March 10, 1910,
also by an act approved March 20, 1916, lastly amended by an act approved
September 10, 1919. (S B 238]

Approved March 15, 1920.

1. Be it enacted by the general assembly of Virginia, That an act
to amend and re-enact an act, approved March second, eighteen hun-
dred and eighty-eight, providing for the making, changing, and work-
ing of roads in the county of Rockingham, approved March second,
eighteen hundred and eighty-eight, as amended by an act of the ger
eral assembly, approved March fifth, eighteen hundred and ninety, as
further amended by an act of the general assembly, approvedd Feb-
ruary 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 the 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, nine-
teen hundred and ten, also by an act approved March twenty, nineteer
hundred and sixteen, lastly amended by an act approved September
tenth, nineteen hundred and nineteen, be amended and re-enacted sc
as to read as follows:

Section 1. For each magisterial district in the county of Rock-
ingham, there is hereby created and established a board consisting of!
the supervisors, a commissioner of roads, and the county superintend-
ent of roads, who shall be ex-officio a member of said road board
Said board shall have control of all roads and bridges within its
limits, consistent with its authority as hereinafter provided, and al
district taxes levied for road purposes and for building and repairing
bridges, shall be expended within the magisterial district in which 11
is so levied.

Section 2. The supervisor of each district shall be ex-officic
chairman of the board of commissioners of roads for his district.

Section 3. The road board shall meet as hereinafter providec
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 warran
on the county treasurer issued by said board as hereinafter prescribed
Section 4. The board hereby provided for shall be a body cor-
porate, and shall be known and designated as the “board of com-
missioners of roads for ~--_--.- magisterial district of Rockingham
county,” and as such’shall, as hereinafter provided, have the right to
contract, and be contracted with, sue and be sued.

Section 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 ofh-
cers are elected, and shall hold his office for a term of four years, 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 per-
formance of his duties, with security, in the sum of one thousand
dollars.

Section 6. His duties shall be to see that all the roads in his dis-
trict are proper width, and in all cases where they ‘are not, to notify
the persons trespassing by a written notice and if the obstructions are
not removed after reasonable notice, not to exceed ninety (90) days,
he shall proceed to remove the fence or other obstructions, and may
recover the expenses with costs from the trespasser upon judgment
before a justice of the peace; provided, however, that where there is
a road of less than thirty (30) 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 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 machinery are not being used or
operated he shall provide such means as shall be reasonably neces-
sary to protect such machinery and tools from injury and damage,
and any expense 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 compensation shall be three dollars per day, and also
one dollar per day allowed for expenses for each day he may be act-
ually engaged in the discharge of his duties, under the provisions of
this act, to be paid by the county treasurer in the manner herein-
after prescribed. He shall take charge to have worked and kept in
good repair all public roads and bridges heretofore or hereinafter es-
tablished within his magisterial district, 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 general county levy for roads and
bridges. The work may be done by the day under competent over-
seers, appointed by the commissioner of roads, who shall furnish the
commissioner of roads with the statement of account once a month.
The commissioner of roads may enter into contract for the repair of
any part or section of road as he deems for the best interest of the dis-
tricc—such roads to be kept clean 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 of the repair of said roads under this act shall
so provide, and shall be in writing and duly signed and filed with the
clerk of said board. Overseers are to be hired by the commissioner
of roads and may be removed at his discretion.

Section 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 approval or dis-
approval of the same, and his reasons therefor, such petition and en-
dorsement thereon shall then be laid before the board of supervisors
at its regular meeting. The board of supervisors shall then appoint
three (3) discreet freeholders to view ground of any proposed change.
At least two viewers appointed must view and, for approval, the same
number must report favorably the proposed change. Said viewers
shall submit an estimate of the cost of any change recommended or
proposed, or they may report a new proposition from that submitted
them by the board of supervisors with an estimate thereon. In every
case, however, such report must be submitted to the supervisors by at
least two of the viewers appointed. Each viewer appointed by the
board under the general law shall be allowed two dollars ($2.00) per
day and expenses not exceeding one dollar ($1.00) per day, when such
viewers travel over ten miles; and the county or other surveyor shall
receive two dollars and fifty cents ($2.50) per day for accompanying
said viewer and making necessary survey and be paid in addition such
sum as the board shall determine for any map of such expense to be
paid by order of the board of supervisors out of the county levy for
roads and bridges.

Section 8. In case the change of a road shall place it on a line
dividing two magisterial districts, the commissioner of roads of the
adjoining districts shall divide equitably the expenses of maintaining
said road between said districts. In case they cannot 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.

Section 9. The board of commissioners in each magisterial dis-
trict shall annually make an estimate of what 1s probably necessary to
pay all expenses in keeping in repair the roads and bridges (except
such roads and bridges as are kept in repair out of the county levies)
and to’ pay allowances to the officers provided for in this act, and all
other expenses likely to arise under the provisions of this act, and
shall, before the first day of August of each year, furnish to the
county treasurer a statement of taxes assessed against each person in
his district, which taxes the said treasurer shall be required to col-
lect, as other revenues are collected, and for which he shall receive a
like compensation. The funds coming into the hands of the county
treasurer under the provisions of this act shall be kept separate and
shall be held by him subject to the order of the board of commis-
sioners of roads to be expended in such manner as in its judgment ts
for the best interest of the roads, and in such manner as is consistent
with the provisions of this act. Provided, however, that no warrant
shall be issued by said board nor paid by said treasurer except and
unless it shall plainly show to whom and for what the same was al-
lowed and issued by said board, and that such warrant shall be signed
by the chairman and clerk of said board. All funds collected in any
one district shall be expended in that district.

Section 10. The said board of commissioners may make such
rules and regulations in respect to the use of roads and bridges as it
may deem necessary to keep such in good condition. The board of
commissioners shall divide the public roads and bridges in their re-
spective districts irito 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 roads and bridges of the first class when ac-
cepted as such to be under the control of the board of supervisors
and to be maintained out of the county and State funds. The roads
and bridges accepted by the board of supervisors shall be entered on
the minutes of the same board. The roads of the second class shall
be maintained and worked by the directions of the commissioner of
roads for thé magisterial district in which the same is located, in
accordance with the provisions of this act.

Section 11. The commissioner of roads shall have authority to
purchase any tools, machinery and materials as may be reasonably
necessary for use in making and repairing roads and bridges in his dis-
trict, as provided in this act.

Section 12. The road commissioner may or on the request of the
board of commissioners may measure all roads in his district, and
divide them or any part thereof into such sections and to be worked
in such manner as in his judgment he may deem best and most eco-
nomical. |

Provided that if the roads are so divided into sections road com-
missioner shall report to the board of commissioners of roads in his
district by April the first or as soon thereafter as possible the number
of sections of roads and number of miles in each section. Then said
board of road commissioners may proceed to apportion such amount
to each section as is in their judgment an equitable amount for that
section according to conditions and needs.

The commissioner of roads may appoint, if he deems it advisable,
a good and competent overseer for each section thus worked. The
overseer shall have immediate supervision of the work to be done in
this section, subject, however, to the directions and control of the
road commissioner to whom said overseer is responsible, and at whose
discretion said overseer may be removed. The overseer shall at such
times as directed hy the road commissioner hire hands and teams and
work his road as directed by the commissioner, who shall have au-
thority over all those employed by the overseer. The commissioner
of roads shall furnish the overseer such tools and materials as may
he necessary in the tepairing and working of such section under his
control. The commissioner shall have a right to remove any over-
seer or contractor at any time. and work the road otherwise if in his
judgment it would be for the best interest of the magisterial district.

Section 13. Each overseer provided for in this act shall be charged
with all the tools and machinery furnished him by the commissioner
of roads, giving his receipt for the same, and on his retirement shall
turn them ‘over to his successor, or to the commissioner of roads, tak-
ing a receipt for same. The overseers shall perform work on the
roads with other laborers; ten hours of actual work shall be consid-
ered a day’s work.

Section 14. Wher in the opinion of the commissioner of roads,
any road or portion thereof in his district is in need of special atten-
tion or work, he shall report that fact to the board of commissioners,
and if said board deems it advisable, the other members may view
said road or part thereof, and for such services each member shall re-
ceive the sum of three dollars per day, with one dollar a day expenses
allowed the commissioners of roads, while in actual discharge of such
duties, payable out of the district fund.

Section 15. The board of supervisors in its discretion, may pur-
chase any necessary machinery and pay for same out of the county
levy for roads and bridges, for the purpose of aiding the magisterial
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 improvement in any district
or districts, such money as may be necessary to secure any State aid
money available for said district or districts, or to secure convict labor
for said permanent improvement of said roads. In case the board of
supervisors declines 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 necessary 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 improvement of
the public roads shall be determined by the State highway commis-
sioner 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 fequire the action of the 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 distribu-
tion 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 district, and gives 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.

Section 16, The majority of the entire board of supervisors may
adopt any part of the general road law 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 superin-
tendent whose term of office shall be for a period of two years from
the first day of January following his appointment. The said super-
intendent shall be a civil engineer, or a man well versed in practical
road building, and who is competent to establish grades and keep
records as required by law. The powers and duties of the superin-
tendent 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 superintendent shall be fixed by said board of supervisors;
and be paid out of the county road fund. Such superintendent shall
give bond as the board of supervisors may direct for the faithful dis-
charge of his duties.

Section 17. That the commissioners of roads, from each magis-
terial 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 supervisors
and shall act with said board in the consideration of the road ques-
tion, and to make any changes within the limits of the law they may
deem best, for the making, changing and working the public roads
in Rockingham county, and by a majority vote of all the supervisors
and commissioners of roads present may order the road levies of all
districts, or any of the districts raised to an amount not to exceed
forty cents in 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, tn any dis-
trict or districts then there shall be not less than ten cents nor more
than fifteen cents of said levy on the one hundred dollars used for the
permanent road improvement. The said board of supervisors and the
commissioners of roads may by a majority vote of all present, pro-
vide for and appoint a clerk for each of the boards of commissioners
in the county, but the same person may act as clerk for all of the said
boards or for any one or more of said boards. The duties and com-
pensation of said clerk or clerks to be fixed by the said supervisors
and said commissioners of roads as above provided. In case the board
of supervisors should refuse or fail to appoint a county road super-
intendent, then the said clerk shall be a member of the board of com-
missioners of roads in the place of said county road superintendent.

Section 18. At the end of each fiscal year the settlement of the
accounts of each of said boards 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 member of said board,
itemizing in such statements 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 itemizing 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, setting 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 man-
ner as said supervisors direct. If found incorrect the board of super-
visors shall by such proceedings as are in their opinion appropriate,
requite the correction of same by the road board. The costs of pub-
lication of annual statements or settlements shall be paid out of the
funds of the respective road districts.

Section 19. 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. .

Section 20. All acts or parts of acts in conflict with this act are
hereby repealed.