for and that received from the State, as hereinafter provided, shall be paid out by the treasurer of the county upon the warrants of the local road authorities thereof.

Any county wherein more than fifty per centum of the expense of permanent road improvement shall be expended, in accordance with the provision of this act, shall be entitled to receive its said annual apportionment of State aid until its receipts from the State on such account shall equal fifty per centum of such expenditure.

The county treasurer and his sureties shall be liable for all moneys coming into his hands under this act; but an additional bond may be required of said treasurer, and such treasurer shall receive as compensation for his services hereunder a commission of one-fourth of one per centum of the amount thus coming into his hands from the State treasury and from private contribution.

(1919, p. 100. In force December 9, 1919.) For a similar provision, see Code, section 2106.

County having State convict road force not entitled to State aid. 7. Where a State convict road force is furnished to any county in any year under the provisions of the act of the general assembly of Virginia, creating the State convict road force, approved March sixth, nineteen hundred and six, as same was enacted, or as it may be amended, such county shall not be entitled to receive for such year State money aid under this act.

(1918, p. 776. In force June 21, 1918.)

For a similar provision, see Code, section 2108.
This act was amendatory of chapter 76 of Acts 1908.

PART III

(AS AMENDED)

BEING ALL ACTS OF A GENERAL AND PERMANENT NATURE PASSED
AT THE SESSION OF 1919 WHICH DO NOT IN TERMS AMEND
THE CODE OF 1919 OR PREVIOUSLY EXISTING

ACTS; AS AMENDED TO THE CLOSE

OF THE SESSION OF 1922

NOTE-Under Sec. 6568 of the Code of 1919, these acts have the effect of repealing any part of the Code inconsistent therewith.

Chap. 21 of Acts 1919.-An Act requiring superintendents of roads to keep roads, foot and other bridges in repair, prescribi g how materials for roads and bridges are to be procured, how compensation for same shall be fixed and damages ascertained, and what is not to be interfered with.

Superintendent of roads, and supervisors to keep roads and bridges in good order; powers as to taking needed road material.

1. The superintendent of roads shall cause the roads of his county to be kept cleared, smoothed of rocks and obstructions, of necessary width, well drained, and otherwise in good order, and secure from the falling of dead timber thereon. He shall cause to be placed and kept across every stream where it is necessary and practicable a sufficient bridge, bench or log for the accommodation of foot passengers. He 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; he shall take such earth from the most convenient and the nearest place so as to save the expense of hauling such earth any distance, 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 superintendent 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 protection to cattle; provided, further, that the same does not in any wise interfere with travel along said road. In counties not having a superintendent of roads, the board of supervisors thereof shall have all the powers and perform all the duties mentioned in this

section.

How owner or tenant aggrieved by materials taken from property may be compensated.

2. If the owner or tenant of any such land shall think himself injured thereby, and the superintendent of roads, or his deputy, can agree with such owner as to the amount of damage, they shall report the same to the board of supervisors, or, if they cannot agree, a

justice, upon application to him, shall issue a warrant to three freeholders, requiring them to view the said land, and ascertain what is a just compensation to such owner or tenant for the damage to him by reason of anything done under the preceding section. The said freeholders shall take the oath prescribed by law and shall accordingly ascertain such compensation and report the same to the board of supervisors Said board may allow the full amount so agreed upon, or reported by said freeholders, or so much thereof as upon investigation they may deem reasonable, subject to such owner or tenant's right of appeal to the circuit court as in other cases. In counties not having a superintendent of roads, if the board of supervisors and the owner or tenant of any such land cannot agree as to the amount of damages, the owner or tenant may appeal from the board's decision to the circuit court as in other cases.

(1919, p. 31. In force December 9, 1919.)

Chap. 22 of Acts 1919.-An Act to fix the salary of the assistant attorney general of Virginia.

1. Be it enacted by the general assembly of Virginia, That the salary of the assistant attorney general of this State shall be three thousand six hundred dollars per annum, to be paid out of any money in the State treasury not otherwise appropriated. All acts or parts of acts inconsistent with this act are hereby repealed.

(1919, p. 32. In force September 1, 1919.)

Chap. 23 of Acts 1919.-An Act to amend and re-enact sections 5 and 8 of an act entitled an act in relation to the sale of farm produce on commission; defining the term "farm produce" and "commission merchant," and regulating commission merchants and providing for their registration and bonding, and the issuing of a certificate of such registration by the commissioner of agriculture and immigration; also empowering the commissioner of agriculture and immigration, upon complaint, and in certain cases, to investigate the acts of commission merchants, and to revoke or refuse certificate of registration, and prescribing regulations and offenses under this act, and providing penalties for violations of such regulations and of this act, approved February 29, 1916.

1.

Be it enacted by the general assembly of Virginia, That sections five and eight of an act in relation to the sale of farm produce on commission; defining the terms "farm produce" and "commission merchant" and regulating commission merchants and providing for their registration and bonding and the issuing of a certificate of such registration by the commissioner of agriculture and immigration; also empowering the commissioner of agriculture and immigration upon complaint, and in certain cases, to investigate the acts of com