Chap. 159.—An ACT to provide a general road law applicable in all the counties
of the Commonwealth: to provide for the location, construction, mainte-
nance, control, jurisdiction, and supervision over all the public roads in the
Commonwealth other than roads in the State highway system; to provide
for the county and district road funds and the disbursement thereof and
accounting therefor; to authorize the employment by the several counties of
a county road engineer or a county manager; to provide for free advice and
aid from the State highway commission; to authorize elections in the sev-
cral counties to determine as to the employment of a county road engineer
or county manager; to repeal sections 1976, 1977, 1978, 1979, 1980, 198],
1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994,
1995, 1996, 1997, 1998, 1999, 2000, 2001, 2003, 2004, 2005, 2006, 2007,
2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020,
2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032,
2033, 2034, 2035, 2036, 2037, 2038, and 2039, of the Code of Virginia;
to repeal all special road laws applicable in any of the counties of the
State; to repeal all acts or parts of acts, general or special, so far as in-
consistent with this act. [S B 125]

Approved March 10, 1928

1. Be it enacted by the general assembly of Virginia, as fol-
lows:

Section 1. Who to have control of county roads.—The board of
supervisors of tlie several counties shall have control, supervision,
management, and jurisdiction over all of the public roads, cause-
ways, bridges, landings and wharves constructed or repaired in the
respective counties, except those now or hereafter included in the
State highway system; provided, that such jurisdiction for the
purpose of establishing, altering, and maintaining roads and bridges,
shall not extend over the territory embraced within the boundaries
of any incorporated town which cares for its own streets and
bridges, but the board of supervisors of any county may expend a
portion of the county funds upon permanent road improvement, or
bridge construction, partly or wholly within such town, not ex-
ceeding fifty per centum of the total cost of such improvement or
bridge construction, and when such expenditure has been made,
the board of supervisors shall have the same jurisdiction and au-
thority over such improvements and bridges in such towns as
elsewhere in such county.

Section 2. How county roads, bridges and routes are estab-
lished; by whom made; width and grade of roads; employment of
engineer.—Whenever the board of supervisors shall be of opinion
that it is necessary to establish or alter the location of a public
road, landing, or bridge, or any other person applies to the said
board therefor, it may appoint five viewers, who shall be resident
freeholders of the county, any three of whom may act, to examine
such roads or routes and report upon the expediency of establish-
ing or altering the location of such public road, landing or bridge,
or, in lieu of such viewers, it may direct the county road engineer
or county manager, if any, to examine such road or route and make
such report, and such board may establish or alter such road, land-
ing or bridge, upon such location and of such width and grade as
it may prescribe; but the right of way for any public road shall not
be less than thirty feet wide, and the grade of no road hereafter
located shall exceed four degrees at any point, unless the board of
supervisors order a greater width or different grade. If no one of
the viewers be an engineer, appointed for the purpose of making
survey and map, the said board of supervisors may employ one,
if necessary, to assist said viewers.

Section 3. Duty of viewers; report; deed from landowners and
action of board thereon.—The said viewers, or the county road en-
gineer, or county manager, as the case may be, shall, as early as
practicable after receiving the order of said board to that effect,
proceed to make the view, and may examine other routes and loca-
tions than that proposed, and if of opinion that there is a necessity
to establish or alter the location of the public road, landing or
bridge, shall locate the same, return a map or diagram thereof with
report, make a report to said board, stating their reasons for prefer-
ring the location made, the probable cost of establishing or altering
the location of such road, landing or bridge, the convenience and 1n-
convenience that will result as well to individuals as to the public,
whether the said road, landing or bridge will be one of such mere
private convenience as to make it proper that it should be opened,
established or altered and kept in order by the person or persons
for whose convenience it is desired, whether any yard, garden or
orchard will have to be taken; the names of the landowners on
such route, which of such landowners require compensation, what
will be a just compensation to the landowners requiring compensa-
tion for the land so taken and for the damages to the residue of
the tract, if any, beyond the peculiar benefits to be derived in re-
spect to such residue, from the road, landing or bridge to be estab-
lished; all other facts and circumstances in their opinion useful in
enabling the board of supervisors to determine the expediency of
establishing or altering the road, landing or bridge, and they shall
file such report with the clerk of the board.

In the event that some of the landowners do not require com-
pensation, and they will execute written consent giving the right
of way in question, the said viewers, or the county road engineer,
or county manager, as the case may be, shall obtain such consent
and return it with their report, and such written consent shall
operate and have the force and effect of a deed from the landowners
of the county for the right of way so long as it is used by the
public, in case the road is established, and same shall be recorded
in the deed books of the county.

Should any of the landowners require compensation and not
unite in such deed, the subsequent proceedings as to them shall
be as hereinafter prescribed.

Section 4. Proceedings on report, notice to proprietors and ten-
ants.—At the next meeting of the board of supervisors after receipt
of said report, unless the opinion of said board be against estab-
lishing or altering the road, bridge or landing, they shall require
their clerk to issue process to summon the proprietors and tenants
of the land on which it is proposed to establish or alter such road,
bridge or landing, to show cause against the same. The summons
shall be directed, executed and returned as a summons may be in
other cases, except that it may be personally served in the county
on an agent or tenant of any proprietor not within the same, and
such service shall be equivalent to service on such proprietor. And
if any proprietor resides out of this State and be not within the
county, or have no agent or tenant known to the board of super-
Visors or its clerk residing therein, or if the true owners or proprie-
tors of the lands, or any part thereof, be not known to the said
clerk or board, the said clerk or board may order notice to all whom
it may concern to be published for four successive weeks in some
newspaper having general circulation in the county, or posted at
the front door of the courthouse of the county on some court day,
to appear and show cause against establishing or altering the road,
bridge or landing, as the case may be. The cost of such publication
shall be paid by the county. :

Section 5. Defense allowed; what board may do; appointmen
of commissioners to assess damages.—Upon the return of said pro-
cess duly executed, defense may be made to the said proceedings
by any party, and the board of supervisors may hear testimony
touching the expediency or propriety of establishing or altering the
road, bridge or landing. Upon such hearing, unless the board of
supervisors be of opinion that the road, bridge or landing 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 if the board of super-
visors see cause for doing it, it shall appoint five disinterested resi-
dent freeholders of the county as commissioners (any three of whom
may act), for the purpose of ascertaining a just compensation for
the land to be taken for such road, bridge or landing, and damages,
if any, to the residue, beyond the benefits to be, derived by such
residue, from such road, bridge or landing. The enhancement, if
any, in value of such residue by reason of the establishment or
alteration of such road, bridge or landing, shall be offset against
such damage to the residue, provided there shall be no recovery
over against such landowner for any excess, nor shall such enhance-
ment be offset against the value of land taken. They shall meet on
the lands of such proprietors and tenants as may be named in the
order of the board of supervisors at a certain place and day therein
also specified, of which notice shall be given by the sheriff to such
proprietors and tenants of their agents, except only that it need
not be given to one present at the time of making the order. Any
one or more of the commissioners attending on the land as afore-
said may adjourn, from time to time, till the business shall be
finished. The commissioners, in the discharge of their duties, shall
comply in all respects with the provisions of the act concerning
the exercise of the power of eminent domain, approved January
eighteenth, nineteen hundred and four, as amended so far as ap-
plicable, and forthwith make return of their report and the cert-
ficate of the justice to the board of supervisors, and unless good
cause be shown against the report, the same shall be confirmed.
If, however, good cause be shown against the same or the commis-
sioners report their disagreement, or fail to report within a reason-
able time, the board of supervisors, as often as it seems proper, may
appoint other commissioners for the purpose of ascertaining the
compensation and damages as aforesaid. When any report is
confirmed, the board of supervisors shall establish or alter the road,
bridge or landing, and with or without gates, as to it may seem
proper, and provide for the payment of the compensation and
damages allowed.

If such applicant, proprietor or tenant is dissatisfied with the
decision of the board of supervisors in respect to the amount of
compensation or damages allowed, he may of right appeal, but only
on the question of compensation and damages, to the circuit court
of said county, provided such appeal is filed within sixty days, and
the said court shall hear the matter de novo as to the amount of
compensation and damages, with the further right of appeal as
provided by general law. Upon the hearing of said appeal, the
said court shall ascertain the amount of compensation and damages,
if any, to which such proprietor is entitled, and shall certify the
same to the said board of supervisors, who shall proceed to carry
out the judgment of the court; provided, however, that the board
of supervisors shall be summoned to appear at the hearing of said
appeal.

Section 6. In what cases county to pay costs and damages.—
When the road, bridge or landing is established or altered, the
county shall be chargeable with the compensation and damages to
the proprietor or tenant, and all costs incurred in the proceedings ;
provided, however, that when the record shows that the sum al-
lowed by the circuit court on appeal, as compensation and damages
to any proprietor or tenant is not more than the amount allowed
him by the board of supervisors from whose decision the appeal
was taken, such proprietor or tenant shall be adjudged to pay the
costs occasioned by such appeal. When the board of supervisors
decides against the application to establish or alter a road, bridge
or landing, the applicant shall pay the costs incurred in the case,
except the compensation of the viewers; provided, that when it
shall appear to the board of supervisors that the opening and estab-
lishing or altering of such road will be for mere private convenience
then the board of supervisors may order the same upon condition
that such applicant pay, in whole or in part, the compensation and
damages to the proprietor or tenant, and the costs of the proceed-
ings, and keep said road in order; but the said road shall not be
opened and established or altered until such compensation and
damages and costs shall have been first paid or the written consent
of the proprietor or tenant given.

section 7. Area for landing; where road or landing not to be
located.—Not more than one acre of land shall be condemned for
any landing, and no road or landing shall be established upon or
through the lands of any cemetery, or through the lands of any
seminary of learning, without the consent of the owners thereof.

Section 8. Pay to viewers; commissioners and engineer.—A
statement in writing showing the number of days each viewer or
commissioner and engineer appointed or employed under the pro-
vision of this act, was employed, shall be sworn to and presented
to the board of supervisors, and the said board may allow to each
a reasonable compensation not exceeding two dollars per day to
each viewer or commissioner and not exceeding seven dollars and
fifty cents per day and necessary traveling expenses for the en-
gineer.

Section 9. Effect of alteration of road; proceedings to discon-
tinue; authority transferred to board of supervisors.—When any
road is altered, it shall be discontinued to the extent of such altera-
tion and no further. Any person may apply to have a county
road or landing discontinued, after posting notice of the intended
application on the first day of a term of the circuit court at the
front door of the courthouse of the county, and at two public places
in the neighborhood. After said notice has been published for at
least twenty days, the board of supervisors, at their next meeting,
shall appoint not less than three nor more than five viewers to
view such road or landing, and report in writing whether, in their
opinion any, and if any, what inconvenience would result from dis-
continuing the same. Upon the said report and other evidence, if
any, and after the land proprietors along‘the road proposed to be
discontinued have been notified, the board of supervisors may dis-
continue such road or landing, taking care in every case of an
established post road not to discontinue the same until another has
been substituted.

If such applicant, or any other person, interested in having said
road or landing discontinued, is dissatisfied with the decision of the
board of supervisors in respect to the discontinuing or refusing to
discontinue said road or landing, he may of right, within ten days
from date of such decision, but not afterwards, appeal to the circuit
court of said county and the said court shall hear the matter de
novo, with the further right of appeal, as provided by general law.
Upon the hearing of said appeal, the said court shall ascertain and,
by its order, determine whether said road or landing shall be dis-
continued, and shall certify the same to the board of supervisors,
who shall proceed to carry out the judgment of the court.

Section 10. Duty of owner or occupier of dam to maintain road
or bridge; before whom penalty recoverable; by whom cost of
upkeep paid.—Every owner or occupier of a dam shall, so far as a
road passes over the same, keep such dam in good order, at least
twenty feet wide at the top, and also keep in good order a bridge
of like width over the pier heads, flood-gates, or any waste-cut
through or around the dam; and shall erect and keep in good order
a strong railing on both sides of such bridge or dam. If he fails to
comply with this section he shall be fined two dollars for every
failure of twenty-four hours, and where a mill dam is carried away
or destroyed the owner or occupier thereof shall not be thenceforth
subject to such fine until one month after the mill shall have been
put into operation. Such fine shall be recoverable before any justice
of said county, and when collected shall be paid to the treasurer of
said county, and placed by him to the credit of the road fund of
said county.

But the foregoing provisions of this section are subject to the
following qualifications; that the cost of keeping in good order the
surface on said road and bridge, and the cost of erecting and keep-
ing in good order the said railing, shall be borne by the county, and,
provided, further, in case of a mill dam has washed out and the
owner refuses to replace same, then the board of supervisors, in its
discretion, may construct a highway across same, but if the owner
desires to replace same in the future, he shall be permitted so to do
at his own cost and expense, and replace the surfacing on the high-
way of the same material, width and character, under the plans,
specifications and supervision of the board of supervisors.

Section 11. Levy of road tax; how collected and expended;
when board may purchase machinery, et cetera, for improvement
of roads.—The board of supervisors of each county shall annually
levy, along with the county levy, a road tax upon the property, real
and personal, subject to local taxation in their county and not in-
cluded within the corpdrate limits of any town in such county
which maintains its own streets. Such tax shall be not more than
forty cents on every one hundred dollars in value of such property,
and the same shall be collected, accounted for, and paid out on
the warrant of the board as if it were a county levy. Such tax
shall be applied to the building and repair of roads and bridges,
the erection of danger and direction signs or markers, defraying
the county’s proportion of expense of construction of any public
road therein, the payment of costs and damages incident to the
alteration of roads or the establishment of new roads, bridges and
landings, the purchase of road-graders, scrapers and all machinery,
tools, wagons, carts and teams necessary for the proper working
and repair of all the roads of said county, for the support of the
county chain-gang, and the payment of the county engineer or
manager, if any, and his deputies for their service. After the pay-
ment of the aforesaid expenses, if there be any of said funds re-
maining unexpended, the said board of supervisors may, out of
said fund, purchase crushers and engines, manufacture road ma-
terials for sale to the various road districts of its county at such
price as shall be just and equitable and improve such roads in said
county as said board may deem necessary and proper at the ex-
pense of said general fund, or it may apportion the remainder of
said fund, or any part thereof, among the several magisterial dis-
tricts of its county, in proportion to the amount of road tax paid
by each district to the county fund, to be expended in working,
keeping in order and repairing the public roads in such district.
The said board of supervisors may purchase any grader, scraper,
wagon, cart, tools, teams and harness which are owned by any road
district in its county, at a fair and just price, to be paid out of said
general fund, and such price so paid shall be expended in working,
keeping in order, and repairing the public roads in said district.

Section 12. Levy of district road tax limit; how collected and
expended; treasurer to keep separate account.—The board of super-
visors of each county shall annually levy, along with the county
levy, a road tax upon the property, real and personal, subject to
local taxation in the several magisterial districts of their county,
and not embraced within the corporate limits of any incorporated
town in such county which maintains its own streets, which shall
be applied to the working, keeping in order, and repairing the pub-
lic roads in such district. Such tax shall be not more than forty
cents upon every one hundred dollars in value of such property,
and the same shall be collected, accounted for and paid out on the
warrant of the board as if it were a county levy, except that the
fund collected from each magisterial district shall be kept separate
by the county treasurer, and a different rate of tax may be pre-
scribed for different districts in the same county. The amount
collected in each district, together with the amount apportioned
to each district under the provisions of the preceding section, shall
be expended therein.

Section 1214. Boards of supervisors may annually levy, in ad-
dition to county and district levies, an additional road tax on.- all
real and personal property subject to taxation in the several magis-
terial districts of their county, not embraced in the corporate limits
of any town which maintains its own streets, and shall apply the
same to permanent improvement of the county roads in such dis-
trict. Such tax shall not exceed seventy (70c) cents on each one
hundred ($100.00) dollars of such property values and shall be col-
lected and accounted for and paid on warrants of the board as other
county funds, except that the fund so collected from each magis-
terial district shall be kept in a separate account by the treasurer.
A different tax rate may be prescribed for the various districts.
The amount collected in each district together with the amount ap-
portioned to each district under the provisions of this act, shall be
expended therein except the funds collected under the provisions of
this section shall be used exclusively for the permanent improve-
ment of roads in the district to cover the purchase of equipment,
supplies, machinery and other incidental expenses incident to such
improvements.

Section 13. Supervisors to prescribe rules and plans for making
roads, et cetera—The board of supervisors, shall, from time to time,
prescribe and enter upon the records of their proceedings such
plans, specifications, restrictions and directions as they deem best
for the working, keeping in order and repairing the roads and
bridges in their county, including any special plans, specifications,
restrictions or directions which they may prescribe for particular
roads or bridges, and they shall, from time to time, fix the price
allowed for labor, teams, and other equipment necessary to properly
carry on this work and may call upon the State highway commis-
sion for any advice needed.

Section 14. Board of supervisors to keep roads in condition.
The board of supervisors shall cause the roads of their county to
be posted with direction and danger signs, kept cleared, smoothed
of rocks and obstructions, of necessary width, well drained, in good
order, and secure from the falling of dead timber. They shall cause
to be placed and kept across every stream where it is necessary
and practicable a sufficient bridge, bench or log for the accommoda-
tion of foot passengers. They may take from the most convenient
land so much wood, stone, gravel or earth as may be necessary to
be used in constructing or repairing any road, bridge or causeway
therein; they shall take such materials from the most convenient
and the nearest place so as to save the expense of hauling, and, for
the purpose of draining the road, may cause a ditch to be cut
through the lands adjoining the same; provided, such wood and
other materials be not taken from, and such ditch be not cut
through any yard or garden, without the consent of the owner, and
provided said board of supervisors in so doing shall not cut, deface
or destroy any fruit trees nor any ornamental trees planted or left
for ornament or shade, nor any hedge planted or left as a protec-
tion to cattle.

If the owner or tenant of any such land shall think himself in-
jured thereby and the board of supervisors or their agents cannot
agree with such owner as to the amount of the damages, the owner
may within six months after the taking of such materials or the
cutting of such ditch, but not thereafter, apply to a justice who
shall issue a warrant to three freeholders requiring them to view
the said land and ascertain what is just compensation to such owner
or tenant for any property so taken and damages to the residue
beyond the public benefit or enhancement in value of such residue
by reason of the improvement. The said freeholders shall take the
oath prescribed by law and shall accordingly ascertain such com-
pensation and damages and report same to the board of supervisors.
Said board of supervisors may allow the full amount so agreed
upon or reported by said freeholders or so much thereof as upon
investigation they deem reasonable subject to said owner or
tenants right of appeal to the circuit court as in other cases, pro-
vided such appeal be taken within three months from the time
the owner or tenant is notified of the action of the board on the
report of such freeholders.

Section 15. How roads and bridges between two counties opened
and built.—The board of supervisors of one county may notify the
board of supervisors of any other county that a road is necessary
from the line of the former to a place in the latter, or that a
bridge and causeway, or either, is necessary over a place between
the two or more counties. If the board, or boards, to which such
notification is sent concurs, or concur, in this opinion, it shall, in
the former case, proceed in like manner as when a person applies to
have a road established; and in the latter it shall appoint three com-
missioners to meet at such place between the two or more counties,
on a certain day, and agree with commissioners of the other board,
or boards, as to the manner and conditions of doing the work.
Upon this order being communicated to the former board, it shall
make a similar appointment. The persons so appointed shall, after
such conferences, report the result thereof to the board of super-
visors by which they are respectively appointed. Upon such report
being made, each of the boards shall direct the same, or any other
commissioners, not exceeding three from each county, to unite with
the commissioners of the other board, or boards, in receiving pro-
posals for doing the work in such manner and on such conditions as
may have been agreed on by the commissioners, or in any other
manner, or upon any other conditions that may be concurred in by
the boards.

Section 16. Failure of either county to act.—If the board, or
boards, to which such notification is sent, fail to appoint viewers,
or commissioners, or if any board fail, in any respect, to do on its
own part what should be done towards the work, the remedy of
mandamus shall lie before the circuit court of the other county, and
the circuit court shall compel the board, or boards, of supervisors
complained of to what ought to be done in the matter. If it appears
from the report of the commissioners of either or any of the coun-
ties that it would not be equitable for the counties to bear the
expenses of said bridges equally, the board of supervisors of said
counties may agree upon an equitable division of such expense.
If, however, the said boards cannot agree, the board of supervisors
of either or any of the counties may take an appeal of right from
the action of the board of the other county, or counties, to the
circuit court of said first-named county, which circuit court shall
hear evidence and determine, first, whether the bridge is needed;
and, secondly, in what manner the expense thereof shall be divided
between the counties.

Section 17.—What use of bridges forbidden.—No person shall
use any county bridge as a wharf from which to load or unload any
vessel or boat, nor as a place of deposit for any property, nor for
any other purpose except for crossing. Nor shall the master or
owner of any vessel make fast the same to, or lay the same along-
side such bridge. Any person violating this section shall be fined
not less than five nor more than twenty dollars.

Section 18. Erection and abatement of wharves, piers, and bulk-
heads, erection of wharves at county landings, when circuit court
may revoke privilege—Any person owning land upon a water-
course may erect a wharf on the same, or pier or bulkhead, in such
watercourse opposite his land; provided, navigation be not ob-
structed, nor the private rights of any person be otherwise injured
thereby. The circuit court of the county in which such wharf,
pier, or bulkhead is, after causing ten days’ notice to be given to
the owner thereof, of its intention to consider the subject, if it be
satished that such wharf, pier, or bulkhead obstructs the navigation
of the watercourse, or so encroaches on any public landing as to
prevent the free use thereof, may abate the same.

Any person desiring the privilege of erecting a wharf at or on
any county landing may, after giving notice of his intention by
advertising such notice at some public place near the landing, and
also at the front door of the courthouse of such county, on the first
day of a term of the circuit court of said county, present to the court
at its next term a petition for such privilege. The circuit court may
determine the same, and may, in its discretion, grant such privilege
and fix such rates and charges upon such conditions and limitations
as to it may seem fit. The circuit court, at any subsequent term,
may, if it think proper, revoke such privilege, or alter such condi-
tions or limitations, or regulate the rates and charges. This section
shall not be construed to authorize a circuit court of the county to
grant the privilege of erecting a wharf within a city.

Section 19. How abandoned turnpikes kept in order.—W hen-
ever any turnpike company may have abandoned its road, or a part
thereof, the board of supervisors of the county in which such road
lies shall take charge of the same, and cause it to be worked and
kept in good order in the same manner as the public roads in such
county, if deemed advisable to do so.

Section 20. Supervisors may issue process; pay of clerk of
board.—The board of supervisors shall have power to cause process
to issue and compel the attendance of witnesses and other parties.
The clerk of each board of supervisors shall receive for the duties
to be performed by him under the provisions of this act, compen-
sation to be fixed and allowed to him by the said board not less than
one hundred dollars and not to exceed three hundred dollars per
annum.

Section 21. Former statutes, declaring certain streams and
rivers, highways, et cetera, continued in force.—All statutes hereto-
fore enacted declaring certain streams and rivers, highways, and
providing for removing obstructions therefrom, and from other
streams, shall continue in force.

Section 22. Construction and maintenance of tramways and
railways along or across public highways.—Whenever any person,
firm, or chartered company engaged in mining, or manufacturing,
or lumber getting, has acquired the right of way for a tramway or
railway, except across or upon a public highway, and desires to
cross such highway, or some part thereof, and if such person, firm
or chartered company can not agree with the board of supervisors
as to the terms and conditions of such crossing, it shall be lawful
for the circuit court of the county in which such highway may be.
to prescribe such regulations for the crossing of such highway as
will protect the public, and when such regulations have been pre-
scribed, such tramway or railway may be constructed and main-
tained, or if already constructed may be maintained, in accordance
with such regulations as may be made on the application of the
owners of such tramway or railway or on the motion of the attorney
for the Commonwealth after notice of such owner.

Section 23. Appeals——The board of supervisors, or the appli-
cant or owner of the tramway or railway may appeal from the order
of the circuit court in the manner prescribed for appeals in contro-
versies concerning roads.

Section 24. Private property not to be condemned for such
tramways, et cetera.—Nothing contained herein shall be construed
as giving the right to condemn private property for such tramway
or railway; nor shall the rights of any tramway or railway hereto-
fore lawfully acquired be affected.

Section 25. Landowners may erect and maintain gates across
private ‘roads——Any person owning land over which another or
others have a private road or right of way, except where it is other-
wise provided by contract, may erect and maintain gates across
such roads or right of way at all points at which fences extend to
such roads on each side thereof.

Section 26. Leaving such gates open; penalty.—If any person,
without permission of the owners of such gate or of the land on
which the same is located, leaves such gate open, he shall forfeit
not less than one nor more than five dollars, to be recovered before
a justice of the peace.

Section 27. Discontinuance of gates on public highways.—-If it
be suggested by any citizen of this State to the board of supervisors
of the county in which such gate is, that any injury or inconveni-
ence results from any gate across a public road, the said board
shall cause the owner of such gate to be summoned to appear at
the next regular meeting of the board and show cause why the
same should not be discontinued ; and upon the return of the order
executed by any officer authorized to execute process, shall deter-
mine whether there ought to be such discontinuance or not. If the
board decides that the gate shall be removed, it shall direct the
proper road officer to remove the gate, and it shall be his duty
so to do at such time as the board may direct.

Section 28. When board to appoint viewers to assess damages
upon removal of gates——Whenever a road is, or has been, estab-
lished with gates, and the gates are removed as ordered, and dam-
ages are claimed by the party owning the same, the board of super-
visors shall appoint viewers to examine and report upon the nature
and extent of the damage caused by such removal, and upon their
report and other evidence, if any, the board may allow such dam-
ages as may appear proper, which shall be chargeable on the county
or district. From any order of the board of supervisors entered
under this or the preceding section, any party interested may, after
notice to the adverse party; appeal of right to the circuit court of the
county within six months of the date of such order.

Section 29. Board of supervisors to have power to enact spe-
cial legislation to protect the public roads and bridges.—The boards
of supervisors of the several counties of the Commonwealth shall
have power to enact such special and local legislation in their re-
spective counties, not to conflict with the Constitution and general
laws of the Commonwealth, as they may deem expedient to protect
the public roads, ways and bridges of such county from encroach-
ment or obstruction, or from any improper or exceptionally injuri-
ous use thereof, and this power shall extend to, and may be exer-
cised over turnpike roads, the control of which has been given to
said boards of supervisors, whether tolls be taken therefrom or not,
except the board of supervisors shall have no power to limit the
hauling of the fruits of farm industry at any time. Any violation
of such enactment shall be deemed a misdemeanor.

Section 30.°Public notice of such legislation by boards to be
given.—Public notice of such legislation by the board of supervisors
shall be given by posting a copy of such enactment at each voting
precinct in the county, and on the front door of the courthouse,
not less than ten days before it is to go into effect, or by publishing
a copy thereof at least once, in a newspaper published or circulated
in the county, not less than ten days before it is to go into effect.

Section 31. The sufficiency of certain evidence as proof of the
existence of a public road. Where a way has been worked by road
officials as a public road and is used by the public as such, proof
of these facts shall be prima facie evidence that the same is a public
road. And where a way has been regularly or periodically worked
hy road officials as a public road and used by the public as such
continuously for a period of twenty years, proof of these facts shall
be conclusive evidence that the same is a public road. And in all
such cases the center of the general line of passage, conforming to
the ancient landmarks where such exist, shall be presumed to be
the center of the way, and in the absence of proof to the contrary,
the width shall be presumed to be thirty feet.

Nothing herein contained shall be construed to convert into a
public road a way of which the use by the public has been or is
permissive, and the work thereon by the road officials has been or
is done under permission of the owner of the servient tenement.

Section 32. Power of incorporated towns and cities to contribute
to the building, et cetera, of public roads and bridges.—Any incor-
porated town or city, acting by and through its council, or govern-
ing body, may, when in the judgment of such council, or governing
body, such action will tend to promote the material interest of
such town or city, contribute funds or other aid within the control
of such town or city toward the building or improvement of perma-
nent public roads leading to such town or city, or of bridges, or to
purchase of bridges, or to the establishment, maintenance or opera-
tion of ferries, but no such contribution shall be made toward the
building or improvement of any such road or bridge or the pur-
chase of bridges, or for such ferry at any point more than forty
miles beyond the corporate limits of such town or city, as measured
along the route of such road.

Section 33. Incorporated towns which keep up their own streets
to be separate road districts ——Each incorporated town in the State
which maintains its own roads free of expense to the magisterial
district in which it 1s located, or which is exempt by the express
provision of its charter from the payment of district road taxes,
shall be a distinct and separate road district within the county or
counties in which the said incorporated town is situated.

Section 34. Surface treating by board of supervisors.—When,
in the opinion of the board of supervisors, any county road in the
county should be surface treated and board do not have the
necessary equipment for applying such treatment, they may apply
to the State highway commissioner for the necessary equipment.
Upon the receipt of such requests from the board of supervisors, the
State highway commissioner may inspect or cause to be inspected
the road or roads on which the board of supervisors wishes such
surface treatment and if he finds said road or roads in proper con-
dition for such surface treatment, he may notify the board of super-
visors his estimate of the approximate cost for doing the work. The
hoard of supervisors, if they wish to proceed with the work, shall
notify the highway commissioner and turn over to him the amount
necessary to do the work as estimated by the commissioner. The
commissioner may then proceed to carry out the wishes of the
hoard as outlined above. If after the work has been completed and
the cost of same has been less than the amount deposited by the
board, the State highway commissioner shall immediately return
the balance to the board, and if the amount spent has been more
than the amount deposited the board, upon notification from the
highway commissioner, shall immediately forward to the highway
commissioner the amount shown as actual cost of the work in
excess of the amount deposited.

Section 35. Board of supervisors to apply to highway commis-
sion for advice.—If at any time the board of supervisors should
deem it advisable, they may call upon the State highway commis-
sioner for engineering advice, relative to the location, construction
or maintenance of any road or bridge with the county or the testing
of any road or bridge materials. The State highway commission
upon receiving such request may send a representative without cost
to the county to advise with said board of supervisors and give such
advice as may seem proper. If in the purchase of machinery or sup-
plies for road work, the board of supervisors shall deem it to be to
the interest of the county, they may apply to the State highway
commissioner for prices on such machinery or supplies as they
nay wish to purchase, and if after receiving such prices they decide
to purchase such machinery or supplies, they shall advise the State
highway commissioner by resolution, attaching thereto a check to
cover cost of purchasing such machinery or supplies.

Section 36. The board of supervisors to advertise for bids —The
board of supervisors, where advisable, may let such work as they
deem most advantageous to contract to the lowest responsible bid-
der after public advertisement for bids for at least two consecutive
weeks in a newspaper having a general circulation in the county,
for the furnishing of all material and for the construction of such
roads according to plans and specif.cations on file in their office.
They may reject any and all bids or accept the lowest responsible
bid, but before entering into a contract shall require a bond with
corporate surety of the bidder in the penalty of at least thirty per
centum of the contract price conditioned that the contractor will
furnish the material and perform the work upon the terms proposed
within the time prescribed and in accordance with the plans and
specifications. Monthly payment may be made and paid in the
manner provided for in the contract, not exceeding ninety per
centum of the value of the work done. Ten per centum of the con-
tract price shall be retained until sixty days after the work has been
accepted and opened to the public.

Section 37. Supervisors may improve roads.—The board of
supervisors may improve such roads, or so much thereof as they
shall deem necessary, the cost of which shall be paid out of the
general road fund. The supervisor of any magisterial district may,
with the approval of the board of supervisors, improve any road in
his dictrict, or so much thereof as he shall deem necessary, the cost
of which shall be paid out of the special road fund levied and col-
lected in his magisterial district.

Section 38. Board of supervisors shall prepare a written state-
ment each year.—-On or before the fifteenth day of July following,
the board of supervisors shall prepare a written statement showing
all expenditures for the fiscal year ending June thirtieth. Said re-
port shall be made a matter of record on the minute books of the
board, and published in a county newspaper or a newspaper circu-
lated in the county, and/or in lieu of such publication be posted at
the courthouse door.

Section 39. Board of supervisors to prepare budget—The board
of supervisors shall prepare and publish a county budget each year
as provided by law, for the ensuing fiscal year. The budget, so
prepared, shall be published as provided by law during the month
of February, and the public notified that at the regular meeting in
March the board will give a public hearing, on the budget as pre-
pared, to all citizens who wish to be heard. After the public hear-
ing the hoard of supervisors shall have the right to alter, amend
or change any allocation so made and to adopt the same on or be-
fore the first day of April, but after the first day of April the budget,
as submitted, or as altered or amended as herein above provided
shall become operative and be in full force and effect. No change
shall be made in such budget after the first day of April except by
unanimous approval of the board, but under no conditions shall any
change be made in the allotments set forth of more than ten per
centum.

Section 40. To examine sources of materials ; measuring roads.—
The board of supervisors shall cause to be examined the various
formations and deposits of gravel, sand, stone and other materials
in the county, ascertaining which materials are most available and
best suited for highway improvement, and causing written reports
thereof to be filed in its records. When tests are necessary, samples
for such purpose shall be submitted to the State highway commis-
sion. Such board shall also cause to be measured from time to
time all public roads within the county, other than roads in the
State highway system, by use of a cyclometer, odometer or other-
wise, and reports to be made and recorded of the mileage of the
various types.

Section 41. To make annual inventory of machinery, and so
forth, and to provide for the storing thereof.—The board of super-
visors shall cause to be made annually a written inventory of all
machinery, tools and implements of the county, indicating each
article and the value thereof and the necessary costs of repairs,
together with the cost of providing proper sheds or houses for the
storing of all county equipment, which report shall be filed with
the clerk of such board on or before April thirtieth in each year.
At the same time such board shall cause to be made and filed writ-
ten recommendations as to the machinery, tools and implements
which should be purchased and the probable cost thereof. Such
board shall also make provision for proper sheds or houses for the
storage of all county equipment.

Section 42, Employment of county road engineer, his qualifi-
cations, compensation, duties, et cetera—lIn order to carry out
the provisions of this act, the board of supervisors may employ a
county road engineer, who shall be a man well versed in practical
road building, competent to supervise, construct and maintain roads
and bridges, and to keep accurate accounts and records. Such
county road engineer, before commencing the discharge of his
duties, shall qualify before the clerk of the board by taking an oath
for the faithful performance of his duties, and shall enter into a
bond before such clerk, with corporate surety, in such amount as
the board may require, payable to the county and conditioned upon
the faithful performance of his duties so long as his employment
continues, premiums upon which shall be paid out of the road
funds of the county. Any recovery on such bond shall be paid into
the road funds of the county.

The term of office of such county road engineer shall expire on
December thirty-first of each year, but except as hereinafter pro-
vided, he shall be notified at least sixty days before the expiration
of the year if his services are not desired for the ensuing year. He
shall receive such annual salary as the board may prescribe, pay-
able in equal monthly installments from the county road fund, as
other county road funds are disbursed. He shall devote his tull
time to the supervision of construction and maintenance of the
roads and bridges of the county, and the performance of such other
duties as may be directed by the board of supervisors.

The board of supervisors may at any time remove the county
road engineer for neglect of duty, malfeasance or misfeasance in
office, or incompetency.

The board of supervisors shall provide for the county road
engineer sufficient office space, equipment, supplies and assistance,
and sufficient funds for the proper handling of the county road
work, and make such arrangements as may be necessary to enable
him to meet all pay rolls and pay cash for supplies and materials
so as to receive cash discounts.

No member of the board of supervisors shall be eligible for
appointment as such county road engineer during the term for
which he was elected or for one year thereafter.

In addition to the other duties as are or may be prescribed by
law or directed by the board of supervisors, the county road engi-
neer shall, on or before February first of each year, make written
recommendation to the board of supervisors in detail of work re-
commended to be done on each road for the year commencing July
first, thereafter, with the estimated cost thereof. He shall also pre-
sent to the board of supervisors at each regular meeting thereof
an itemized statement of the expenditures made by him since his
last report, and on or before July fifteenth, each year, shall file
with the clerk of the board an itemized statement showing the
amount expended on each road, bridge or for other purpose for
the year preceding, ending June thirtieth.

The county road engineer shall have general supervision and
charge of all construction and maintenance of the public roads,
bridges and landings of the county, and, subject to the control of
the board of supervisors, shall exercise all the powers and perform
all the duties vested in and imposed upon the board of supervisors
in this act, as far as they relate to the construction and maintenance
of the public roads, bridges and landings.

Section 43. Employment of county manager; his qualifications,
compensation, duties, et cetera——In order to carry out the provi-
sions of this act, and to assist in the efficient management of other
affairs of the county, the board of supervisors, in lieu of the county
road engineer provided in the preceding section, may emplov a
county manager, who shall be a business man and a man well
versed in practical road building, competent to supervise, construct
and maintain roads and bridges, and to keep accurate accounts and
records, Such county manager, before commencing the discharge
of his duties, shall qualify before the clerk of the board by taking
oath for the faithful performance of his duties and shall enter into
a bond before such clerk with corporate surety, in such amount
as the board may prescribe, payable to the county and conditioned
upon the faithful performance of his duties, so long as his employ-
ment continues, premiums upon which shall be paid out of county
funds. Any recovery on such bond shall be paid into the treas-
ury of the county, to be disbursed as other county funds are dis-
bursed.

The term of office of such county manager shall expire on
December thirty-first of each year, but, except as hereinafter pro-
vided, he shall be notified at least sixty days before the expiration
of the year if his services are not desired for the ensuing year. He
shall receive such annual salary as the board may prescribe, pay-
able in monthly installments from county funds. He shall devote
his full time to the performance of the duties imposed on him by
law, and the performance of such other duties as may he directed
by the board of supervisors.

The board of supervisors may at any time remove the county
manager for neglect of duty, malfeasance or misfeasance in office,
or incompetency.

The board of supervisors shall provide for the county manager
sufficient office space, equipment, supplies and assistance, and suf-
hcient funds for the proper handling of the county work, and make
such arrangements as may be necessary to enable him to meet all
payrolls and pay cash for supplies and materials so as to receive
cash discounts.

No member of the board of supervisors shall be eligible for
appointment as such county manager during the term for which
he was elected or for one year thereafter.

In addition to other duties as are or may be prescribed by law
or directed by the board of supervisors, the county manager shall,
each year, by February first, prepare and submit to the board a
tentative budget prepared in accordance with the provisions of
law in effect governing the preparation of the county budget, and
showing in detail the recommendations of the county manager for
expenditures on each road and bridge or for other purposes. Prior
fo April first, but not thereafter, the board may alter, amend or
-hange any item reported by the county manager, but in event of
he failure of the board to act thereon, the tentative budget as
repared and submitted by the county manager shall be deemed
he county budget and be in full force and effect, subject to the
rovisions of law as to the county budget. After the county budget
as become effect, no changes shall be made in the allocations of
unds as therein made, unless such change is recommended by the
ounty manager and approved by the board of supervisors, pro-
ided, that 1n no event shall any change of more than ten per
entum be made in any allocation.

The county manager shall be the executive and administrative
aid acts. The said commission is hereby authorized to enter into all
contracts or agreements with the United States government relating
to the survey, construction, improvement and maintenance of roads
under the provisions of any present or future congressional enactment,
to submit such scheme-or program for construction or maintenance as
may be required by the secretary of agriculture, or otherwise provided
by federal acts, and to do all other things necessary to carry out fully
the co-operation contemplated and provided for by present or future
acts of Congress for the construction, improvement and maintenance
of rural post roads.

It shall be the duty of the commission to keep accurate minutes of
all meetings of the commission, in which shall be set forth all acts and
proceedings of the commission in carrying out the provisions of this
act.

After July first, nineteen hundred and twenty-two, the commission
shall have the power during each calendar year, including the year
nineteen hundred and twenty-two, to add to the State highway system
road mileage not exceeding two and one-half per centum of the total
mileage of said system, as established July first, nineteen hundred and
twenty-two, but said power so to add to the system shall not be cumula-
tive; that the State highway commission of Virginia, be and it is hereby
authorized, empowered and directed to add to the State highway system
fifteen hundred and eighty-seven miles of road for construction and
maintenance by the State; said construction and maintenance to be
under the direction and supervision of the chairman of the highway
commission. The State highway commission is hereby authorized,
empowered and directed to allocate the said fifteen hundred and eighty-
seven miles of road to the several counties of the State in proportion
to the area of said counties and to locate said roads in the various
counties in those sections of the counties that will, in the judgment of
the State highway commission, best serve the citizens of said counties,
thereby creating a system of feeder roads in each county connecting
with the now established State highway system, 1n said counties, and
thereby becoming a part of the said State highway system. P

The location of said mileage shall be designated on or before P
tember first, nineteen hundred and twenty-eight, one-half of sare
mileage in each county shall pe maintained or constructed from a 2
date by the State, the other half shall be maintained or construc e :
by the State after July first, nineteen hundred and ibaoer aiauane rf '
vided, however, no county shall receive less than eight miles, sl je a
no county within which lies a city wholly or in part with a pops ation
of fifty thousand or more shall receive less than twenty-five mi es. ded

At the first meeting of the commission, after it shall have conciu
to make additions to the State highway system as hereinbetore pi
vided, an order shall be entered by the commission on its minute Othe
in which shall be set forth the terminal points of such addin oe
mileage embraced therein, as nearly as possible, and a general aed to
tion of the route thereof, and the fact that the same has been added bs
voters of said county, shall make an order requiring the judges
election at the next regular election, to open a poll and take t
sense of the qualified voters of the county on the question of t
method of such county of carrying out the provisions of this a
which shall be stated as follows:

First. Shall the board of supervisors handle the business of t
county without either a county road engineer or a county manage

Second. Shall the board of supervisors employ a county ro
engineer ?

Third. Shall the board of supervisors employ a county manage

Any voter qualified to vote at such general election, excludi
the qualified voters in any incorporated town situated in su
county, which maintains its own roads free of expense to the mag
terial district in which it is located or which 1s exempt by t
terms of its charter from the payment of district road taxes, sh
be qualified to vote on the questions herein provided.

The regular election officers of such county shall open the po
at the various voting places in the said county, including the vot
places in the incorporated towns located within such county, a
shall conduct such election and close the polls in such manner as
provided by law in other elections. The ballots to be used in su
election shall be printed and furnished by the county election o
cials as in regular elections, and shall include the three questic
stated as hereinbefore set out. At said election each quali
voter who shall not approve the employment of either a county rc
engineer or a county manager shall answer the first question “ve
and either strike out or disregard the second and third questios
each qualified voter who shall approve the employment of a cour
road engineer shall answer the second question “yes,” and citl
strike out or disregard the first and third questions; each qualif
voter who shall approve the employment of a county manager sh
answer the third question “yes,” and either strike out or disreg:
the first and second questions.

The judges of election at the several voting places shall, imr
diately after the closing of the polls at each of the said plac
count the ballots deposited, and shall, within two days after s
election, make returns thereof, as is provided in other elections.

The commissioners of election of said county shall, within t
days after the judges of election have made return of the poll box
and ballots, as aforesaid, meet at the office of the clerk of the circ
court of said county and, having taken an oath betore him fai
fully to discharge their duties, canvass the returns and certify
results to the circuit court or to the judge thereof in vacation, <
the said court, or judge in vacation, shall thereupon enter of rec
in the current common law order book an order requiring the suy
visors to carry out the wishes of the plurality of the voters as
pressed at the said election.

Any elections held under the provisions of this act and
returns thereof shall be subject to the inquiry, determination and
judgment of the circuit court of the county in which such election
was held, upon the written complaint of twenty-five or more of the
qualified voters of such county of an undue election or false re-
turns, at least two of whom shall take an oath that facts set forth
in such complaint are true to the best of their knowledge and be-
lief, and the court shall, in judging of such election and returns,
proceed upon the merits thereof and determine the same according
to the Constitution and laws of this State, but not such complaint
shall be valid unless it shall have been filed within thirty davs
after said election in the clerk’s office of said circuit court.

The board of supervisors shall be made a defendant to such
complaint by summons or notice to its chairman of the filing
thereof, and a copy of such complaint shall be served on the attor-
ney for the Commonwealth in and for such county, who shall detend
the same. After such service on the chairman of the board of
supervisors, either party, upon reasonable notice to the other, shall
be at liberty to take depositions to sustain or invalidate such elec-
tion. Service of notice on any three of the complainants, or upon
the attorney of record for the complainants, shall be sufficient.
The court shall proceed at the next term after serving such sum-
mons or notice to determine the contest without a jury, on the evi-
dence, oral or written, unless good cause be shown for a continu-
ance, and shall make a proper record of its judgment, and the judg-
ment of such court shall be final. The board of supervisors shall
forthwith proceed to carry out the judgment of the court.

No election under the provisions of this act shall be held within
two years after a previous election for the same county.

Section 46. Repeal of existing laws, general or special —That
sections nineteen hundred and seventy-six, nineteen hundred and
seventy-seven, nineteen hundred and seventy-eight, nineteen hun-
dred and seventy-nine, nineteen hundred and eighty, nineteen hun-
dred and eighty-one, nineteen hundred and eighty-two, nineteen
hundred and eighty-three, nineteen hundred and eighty-four, nine-
teen hundred and eighty-five, nineteen hundred and eighty-six,
nineteen hundred and eighty-seven, nineteen hundred and eightv-
eight, nineteen hundred and eighty-nine, nineteen hundred and
ninety, nineteen hundred and ninety-one, nineteen hundred and
ninety-two, nineteen hundred and ninety-three, nineteen hundred
and ninety-four, nineteen hundred and ninety-five, nineteen hun-
dred and ninety-six, nineteen hundred and ninety-seven, nineteen
hundred and ninety-eight, nineteen hundred and_ ninety-nine,
twenty hundred, twenty hundred and one, twenty hundred and
three, twenty hundred and four, twenty hundred and five, twenty
hundred and six, twenty hundred and seven, twenty hundred and
eight, twenty hundred and nine, twenty hundred and ten, twenty
hundred and eleven, twenty hundred and twelve, twenty hundred
and thirteen, twenty hundred and fourteen, twenty hundred and
fifteen, twenty hundred and sixteen, twenty hundred and seven-
teen, twenty hundred and eighteen, twenty hundred and nineteen,
twenty hundred and twenty, twenty hundred and twenty-one,
twenty hundred and twenty-two, twenty hundred and twenty-
three, twenty hundred and twenty-four, twenty hundred and
twenty-five, twenty hundred and twenty-six, twenty hundred and
twenty-seven, twenty hundred and twenty-eight, twenty hundred
and twenty-nine, twenty hundred and thirty, twenty hundred and
thirty-one, twenty hundred and thirty-two, twenty hundred and
thirty-three, twenty hundred and thirty-four, twenty hundred and
thirty-five, twenty hundred and thirty-six, twenty hundred and
thirty-seven, twenty hundred and thirty-eight and twenty hundred
and thirty-nine of the Code of Virginia be and they are hereby re-
pealed; and all special road laws heretofore enacted for the roads
of any county or district in this State be and they are hereby re-
pealed, except such acts providing for a county road board or
county road commission for any county now operating under a
county road board or county road commission; and all other parts
of acts, general or special, so far as inconsistent with the provi-
sions of this act be and they are hereby repealed.