CHAP. 268.-An ACT authorizing the school board of Nelson magisterial district, in York county, to borrow money, and use same in building and equipping a new school-house in Yorktown. Approved March 15, 1906. 1. Be it enacted by the general assembly of Virginia, That the school board of Nelson magisterial district of York county be, and the same is hereby, authorized and empowered to borrow money to an amount not exceeding two thousand dollars, and to issue bonds therefor; such bonds shall be payable not less than five nor more than ten years after their date, and shall bear interest at a rate not to exceed six per centum per annum, and said bonds shall be issued in denominations of one hundred dollars each. The proceeds of the sale of such bonds as may be issued under this act, or so much as may be necessary, shall be used for the building and equipping of a new school-house in Yorktown and other places in the magisterial district of York county, and for providing furniture and apparatus therefor: provided, that the purchaser or purchasers of any bonds issued under this act shall not be liable for the application of moneys arising from the sale of said bonds: and provided, further, that such bonds shall not be sold below par. CHAP. 269.-An ACT to repeal chapter 544 of the acts of the general assembly of Virginia, 1902-'03-'04, approved December 31, 1903, entitled “an act to authorize Brookland school district of Henrico county to borrow ten thousand dollars and issue bonds therefor, to be used for the erection of a schoolhouse at Barton Heights." Approved March 15, 1906. 1. Be it enacted by the general assembly of Virginia, That the act, chapter five hundred and forty-four of the acts of the general assembly of Virginia, nineteen hundred and two, three, and four, approved December thirty-one, nineteen hundred and three, entitled "an act to authorize Brookland school district, of Henrico county, to borrow ten thousand dollars, and issue bonds therefor, to be used for the erection of a schoolhouse at Barton Heights," be, and the same is hereby, repealed. 'CHAP. 270.-An ACT to repeal an act entitled "an act to provide for the working and repairing of the public roads and bridges of Isle of Wight county," approved March 5, 1894, as amended by an act entitled "an act to amend and re-enact section 9 of an act entitled an act to provide for working and repairing the public roads and bridges of Isle of Wight county," approved February 9, 1900. Approved March 15, 1906. 1. Be it enacted by the general assembly of Virginia, That an act entitled an act to provide for the working and repairing of the public roads and bridges of Isle of Wight county, approved March fifth, eigh teen hundred and ninety-four, as amended by an act entitled an act to provide for working and repairing the public roads and bridges of Isle of Wight county, approved February ninth, nineteen hundred, be, and the same is hereby, repealed. 2. A necessity existing for this bill to become a law prior to the date prescribed in the Constitution, an emergency is declared to exist, and this act shall take effect and be in force from its passage. CHAP. 271.-An ACT to repeal an act approved February 27, 1904, incorporating the town of Cedar Bluff, in Tazewell county, Virginia. Approved March 15, 1906. 1. Be it enacted by the general assembly of Virginia, That an act entitled an act to incorporate the town of Cedar Bluff, in Tazewell county, approved February twenty-seven, nineteen hundred and four, be, and the same is hereby, repealed. CHAP. 272.-An ACT to amend and re-enact an act entitled "an act to amend and re-enact an act approved March 7, 1900, entitled an act to provide for working and keeping in repair the public roads and bridges in the county of Washington, and to authorize the board of supervisors to borrow money by the issue of bonds, and to build bridges and macadamize the roads in said county, and to authorize the qualified voters of said county to vote on the question, approved April 2, 1902, as amended and re-enacted by an act approved May 15, 1903. Approved March 15, 1906. 1. Be it enacted by the general assembly of Virginia, That an act entitled an act to amend and re-enact an act approved March seventh, nineteen hundred, entitled an act to provide for working and keeping in repair the public roads and bridges of the county of Washington, and to authorize the board of supervisors to borrow money by the issue of bonds, and to build bridges and macadamize the roads in said county, and to authorize the qualified voters of said county to vote on the question, approved April second, nineteen hundred and two, and amended by an act approved May fifteenth, nineteen hundred and three, be amended and re-enacted so as to read as follows: $1. Prior to the first day of January, nineteen hundred and seven, and every two years thereafter, the judge of the circuit court for the said county shall appoint for each magisterial district of said county one road commissioner, who shall serve for a term of two years, beginning on the first day of January following his appointment, whose duty it shall be to superintend the working and keeping in repair of all public roads and bridges in their respective districts. §2. For the purpose of raising revenue for working and keeping in repair the public roads and bridges of said county the board of super visors shall annually levy, along with the county levy, a tax upon all property, real and personal, assessed for taxation in the several magisterial districts of the county, which shall be applied to working and keeping in repair the public roads and bridges in said districts, and the compensation of the engineer and others provided for under the provisions of this act. Such tax shall not be more than fifty cents on every hundred dollars' valuation of such property. The said levy and other levies under this act shall be collected by the treasurer of said county as other county levies, accounted for and paid out on the warrant of said road commission, except that a levy for each magisterial district shall be kept separate by the county treasurer. Each commissioner may draw on his own warrant only the funds of his magisterial district as hereinafter provided. The amount collected in each magisterial district shall be expended in the district in which it has been collected, excepting that the tax derived from the State levy for road purposes shall be divided equally between the districts. §3. The board of supervisors shall appoint a competent engineer, who shall be known as the "road engineer," whose duty it shall be to superintend all roads in said county; and any application for a new road, or change in grade or location of an old road shall be made to the board of supervisors, and if considered of public necessity, they shall order the said engineer to locate or relocate, as the case may be, the said road, and the said engineer, after having notice served upon the landowners through whose property the proposed road may run, or upon their tenants in possession, shall proceed to execute said order, and if said engineer cannot agree with said landowners as to the amount of damages to be paid said landowners or any of them, he shall designate and appoint three disinterested resident freeholders, whose duty it shall be to promptly ascertain and report to said engineer a just compensation for the land to be used for such road, and the said engineer shall make his report at the next meeting of said board, showing the probable cost of construction, the damages allowed, and anything else pertinent that may be required by the said board: provided, however, that no new road shall be located at a steeper grade than three and one-half degrees, and no road already established shall receive any of the public money after one year from the passage of this act, unless it shall be regraded so as to conform to the same degree, unless the engineer shall certify that it is impracticable to get the degree required by this act: provided, further, the degree shall not be changed on the road known as the Abingdon and Russell turnpike road. The board of supervisors may alter, reject, or confirm the report of the engineer. And if the landowners through whose lands the road. is proposed to be located or relocated, as the case may be, cannot agree with the engineer as to the amount of damages, or any other matters affecting their interest, then any landowners who may feel aggrieved by the said report of the road engineer may make exceptions thereto before said board, and if any landowners feel aggrieved by the acts of the said board, he may have said board report with the alterations, if any, returned by the board of supervisors to the next term of the circuit court of said county, where he may make exceptions thereto, and the said circuit court shall consider said report as if it were the report of the receivers contemplated in section nineteen hundred and forty-nine of the Code of Virginia of eighteen hundred and eighty-seven, except that no further notice to said land owners, or their tenants, in possession, shall be required; and all subsequent proceedings therein shall be under the general provisions of chapter forty-three of said Code, except that when any road shall be ordered to be opened, made or altered, located, or relocated, the same shall be done by and under the supervision of the county road engineer, as herein provided: provided, further, that the judge of the circuit court shall, if he deems the said report of the engineer insufficient in any particular, recommit the said report to the said engineer for a more full and explicit report, and under proceedings under this act in said court shall have precedence over all other civil cases on the said docket, except unlawful detainer cases on said docket. $4. A road engineer shall hold his office for the term of his appointment, unless sooner removed by said board. The said engineer shall receive such compensation for his services as said board shall allow. The engineer shall make annual reports to the board of supervisors, or oftener as said board may direct of the condition of the roads, new bridges in each magisterial district in said county, the progress of any new work, the amount of money required to complete said work, any change or changes necessary in any roads or bridges in the several magisterial districts in the county, the probable cost of the same, and anything else deemed pertinent by said board. $5. Each commissioner shall have charge of the roads of his district, and shall have power to appoint a sufficient number of foreman to take charge of the hands in his district; said foreman shall be able to read and write, and shall make reports from time to time to the road commissioner as he may direct. In case of a road or bridge being on the line dividing two magisterial districts, the road engineer and the commissioners of the adjoining districts shall divide the road between each district in such a way as will equally divide the expense of repairing said road. §6. If a bridge is to be built or repaired on the line, each district shall bear one-half of the expense of building or repairing said bridge. Each commissioner shall receive for his services, to be paid out of the road fund of his district, one dollar and fifty cents per day for each day actually employed in looking after the roads in his district: provided, he shall not receive more than one hundred and fifty dollars for the same in any one year. The foreman appointed under this act shall receive not less than one dollar nor more than two dollars per day for the time actually employed on the roads, and all hands shall receive the usual price paid for similar work in said county. The commissioner of each district shall buy and keep in repair all the necessary tools for working or keeping in repair said roads in his district. In the event that expensive machinery is wanted, he may combine with any or all other commissioners of the county in purchasing same. In case any foreman fails to keep his road in order, on the complaint of any three tax payers of his district, he may be fined not more than twenty dollars, if it can be shown that he has funds at his command for repairing said road. Said fine shall be recoverable before any justice of the peace in said county. If any commissioner shall fail or refuse to keep the roads in his district in repair (after being notified by the road board to do so) and it can be shown that he has money at his command, he may be fined not more than fifty dollars for each offense, said fine to be recoverable before the circuit court of the county, and it is hereby made the duty of the prosecuting attorney to prosecute said commissioner for said failure. $7. For the purpose of constructing and macadamizing roads and building new bridges in said county, the board of supervisors be, and they are hereby, empowered to issue bonds in the name and on behalf of the county of Washington, to be called "public improvement bonds." for a sum not exceeding two hundred thousand dollars, and to sell the bonds under such conditions as are hereinafter prescribed, and with the proceeds of such sale to build roads or bridges in the various districts of said county, expending in each district such proportion as said board may deem advisable: provided, that the board of supervisors shall not issue any bonds or other evidences of debt provided for in this act in excess of one hundred thousand dollars until it has ordered a special election for that purpose, and submitted the question of issuing said bonds to the qualified voters of Washington county. They shall fix the time for holding such election, and cause notice thereof to be published, at least four times in any newspaper published in the county, and to be posted at each voting place in the county at least one month before said election. Said election notices shall state the purpose for which said election is held. §8. The bonds issued in pursuance of this act shall be coupon bonds of not less denomination than one hundred nor more than one thousand dollars each, payable in not more than forty years from their date, and bearing interest, payable annually, at a rate not exceeding six per centum. per annum; the said board having the right to redeem any of said bonds after the expiration of ten years. The said bonds shall be issued in the name of Washington county, Virginia, shall be signed by the chairman of the board of supervisors of said county, attested by the clerk, and shall have affixed thereto the seal of said board. $9. Any person, other than a duly authorized officer, changing the line of any public road, on either side thereof as the lines were when said road was located or relocated, as the case may be, without the permission, entered of record, of the circuit court of the county in which the road lies, shall be deemed guilty of a misdemeanor, and, on conviction thereof shall be fined not less than five nor more than fifty dollars. It shall be the duty of the supervisor of the district to give notice in writing to all persons making, or who have made, such encroachments on any public road in his district by changing the lines or the direction thereof, without permission of the court aforesaid, to remove any fence or obstruction, whether made before or after the passage of this act, and to restore the original line or lines of the said road, and on failure to do so within twenty days after said notice, then the person so offending shall be liable to a fine of five dollars for each day said fence or other obstruction remains in said road after the expiration of the twenty days aforesaid. $10. The said board of supervisors is hereby empowered to make sale |