Chap. 363.—An ACT for the working and keeping in order the public
roads in Alexandria county.

Approved April 4, 1877.

1. Be it enacted by the general assembly of Virginia, That
for each magisterial district there is hereby created and
established a board consisting of the supervisors, a commis-
sioner of roads, and one justice of the peace, for each district,
which board sball have exclusive control of the roads, bridges,
and ferries within its limits; and all taxes levied for road
purposes, and for building and repairing bridges, shall be
expended in said magisterial district, except as hereinafter
provided.

2. The board hereby created and constituted is declared
to be a body politic and corporate, and shall be known and
described as Tbe Board of Commissioners of Roads for
Magisterial District.

3. That at the regular election in May, eighteen hundred
and seventy-seven, and every two years thereafter, there
shall be elected in each magisterial district one commissioner

of roads, who shall reside in the district for which he is
elected, and whose term of office shall be for two years, be-
ginning on the first day of July next succeedirg his election.
Each commissioner of roads so elected, shall qualify at the
time and in the manner prescribed by law for the qualifica-
tion of magisterial district officers, and shall, at the time of
his qualification, or before he enters upon the discharge of
the duties of his office, give bond, with good personal secu-
rity, in the sum of five hundred dollars.

4. Tho justice of the peace constituting a member of said
board, sball be chosen and designated by the three justices
of the peace clected and commissioned in the several magis-
terial districts; said designation shall be in writing, and
shall be preserved and recorded by the board of commis-
sioners of roads.

5. That the commissioner of roads shall have charge of all
the roads in his magisterial district. His duty shall be to
see that all the roads in his district are of the proper width,
and in all cases where they are not, to notify the persons
trespassing by written notice; and if the obstructions are
not removed after reasonable notice, not to exceed ninety
days, he shall direct the overseer of roads of the sub-district
to remove the fencing or other obstructions, and may re-
cover the expenses, with costs, from the trespasser, upon a
judgment by a justice of the peace. He shall examine the
roads in his district twice in each year, in the months of
February and August, and see that the roads and bridges
are kept in good repair by the overseer. Ie shall keep ac-
curate accounts of all moneys received and.expended by him
in his jurisdiction, and shall exhibit the books in which said
accounts are kept, together with all the vouchers correspond-
ing therewith, to the board of commissioners of roads, at
their annual meeting in June in each year, or oftener, if re-
quired by said board. His compensation shall*be two dol-
lars per day for each day in which he may be actually em-
ployed in the discharge of his duties under the provisions of
this act, to be paid by the county treasurer as hereinafter
prescribed: provided however, that persons applying for a
new road, or to lay out, open, alter, or change a public road,
shall, when the same is rejected by the board, be charged
with the per diem compensation of the commissioner of roads,
as well as all other expenses of reviewing and surveying
connected therewith. :

6. The sub-road districts as now laid out and described by
metes and bounds, within the lines of the present magisterial
districts, shall remain as they now are until changed by the
board of commissioners of roads.

7. That there shall be appointed by the board of commis-
sioners of roads, not later than the fifteenth day of July,
eighteen hundred and seventy-seven, and every two years
thereafter, one overseer of roads for each sub-district, whose
term of office shall be for two years, beginning on the first
day of August next succeeding his appointment. He shall
reside in the sub-district for which he shall have been ap-
pointed, and shall have charge of the roads of his sub-district.
His duty sball be to see that the roads in his sub-district are
kept in good repair; that the bridges are in safe condition;
that the roads are kept free from obstructions; that all loose
stones are removed; and shall notify all persons required by
him to work on said roads, according to the assignment of
hands, which shall bo made by the board of commissioners.
of roads. He shall contract for all tools and implements
necessary for working said roads, subject to the approval of
the commissioner of roads, and shall have custody of the
same, and shall perform such other duties as may be pre-
scribed by the board of commissioners of roads. His com-
pensation shall be two dollars per day for each day actually
employed. He shall keep an accurate account of all labor
performed, and of all moneys and penalties received and
expended by him in the employment of labor, teams,
implements, or for other purposes, and shall exhibit tho
books in which said accounts are kept, together with all the
vouchers corresponding therewith, to the board of commis-
sioners of roads at their annual meeting in June in each year,
or such other times as may be required of him by said board.
If any overseer shall refuse to serve after being appointed,
or fail to perform any of the duties herein prescribed, he shall
be liable to a fine, on presentment by the grand jury, not
exceeding fifty dollars. But any person who has served as
overseer, may, at the expiration of the term for whieh he
was appointed, give up his office on producing a certificate
to the said board frofh the commissioner of roads, or otber
satisfactory evidence, that the roads in his sub-districts are
in proper order, and on paying over to said board any funds
in bis hands, and he shall not, within two years thereafter,
be appointed overseer without his consent.

8. That the boardof commissioners of roads for the several
districts may, in their discretion, let to contract, at public
letting, to the lowest and best bidder, for a term of three
years, (except in case of a new road, then it shall be let until
the next general letting), any or all the roads in each sub-
district, in sections of such length as they may determine.
Of the time and place of such letting they sball give notice
by printed hand-bills, posted at the courthouse door, and at
at least two other places in each sub-district, at least thirty
days previous to the day of letting. The specifications of
said contracts shall be such as will effectually open new roads,
and constantly keep in repair and clear of impediments to
sate and convenient travel all public roads; and they shall
embrace the making and maintaining of sufficient bridges
over such streams and ravines as may need them, and in
every case it shall be specified that the bed of the road shall
be raised in the centre and slope gradually each way to the
sidea, where ditcbes sufficient to carry off the wuter shall be
made and kept open: provided that in no case shall the con-
tract price exceed the estimate made by the commissioner
and overseer of roads. ;

9, That it shall be the duty of said commissioner and over-
seer, within thirty days preceding the day of public letting,
as directed in the preceding section, (and within the same
period of time preceding the expiration of each and every
term of years thereafter), to lay out and divide the public
roads in said district into sections of such length as they may
determine, which they shall number and describe, and cause
to be recorded in the book in which the board of commis-
sioners of roads shall keep a record of the proceedings of
said board. They shall also distinctly specify therein what
they deem necessary for the improvement and keeping in
good repair the said public roada, with an estimate of the
amount of money which it will require to improve and keep
in repair cach and every section of said roads respectively,
for the term of years approved of and designated as provi-
ded for in section eight of this act. The record book herein
provided for shall be preserved by tbe said board, and shall
be open to the inspection of any citizen of the county.

10. The board of commissioners of roads shall keep a book,
to be known as “Road Contracts and Bonds,” in which shall
be recorded all contracts, embracing the specifications in re-
lation to the roads contracted for, corresponding with the
specifications named:in section nine of this act, as well as the
contract price, the length of time contracted for, and the
nymber and description of the section contracted for, to which
record each contractor shall sign his ngme. There shall be
appended to each contract a bond, to be signed by the con-
tractor and such of his sureties which may be deemed sufh-
cient by said board, in a penalty not less than twenty-five
dollars, nor more than double the contract price; and if a
contractor refuse to comply with the law or his contract,
upon complaint, the commissioner of roads shall, as soon as
practicable, examine the road or section, and if the complaint
is well founded, shall give immediate notice in writing to the
contractor to make or put his road or section in repair, ac-
cording to law, or as the contract requires; and upon his failure
to do so, the overseer, when required in writing by the‘com-
missioner of roads, shall proceed to put the same in order;
and the expense thereof, with costs of suit, shall be recovered
by the commissioner of roads, in the name of the board of
commissioners of roads, from the contractor and his sureties
as other debts are recoverable.

11. That if any section remain unlet by reason of there being
no bidder, or the amount offered be deemed unjust, the commis-
sioner of roads and overseer of the district, may let the same
by private contract, the contract price not to exceed the es-
timate of the commissioner and overseer of roads; and no
supervisor of said county, or commissioner of the revenue, or
overseer of roads therein, or other persons authorized to re-
present the county in contracting for the working of any of
the roads thereof, shall be in any way interested in any oon-
tract provided for in this act, and any violation of this pro-
vision. shall render the contract null and void; and in case
there be no contract, the overseer of the district shall take
charge of the road or section, and make or keep.it in repair;
and for that purpose may employ such number of laborers,
teams, carts, wagons, plows, and such other implements as
may be necessary, and at such prices as may be provided for
by a schedule prepared by the board, which shall be allowed
by the commissioner of roads for the labor, teams, plows,
carts, wagons, and other implements which may be furnished
by private individuals, and a day’s work shall be ten hours.

12. The labor of the able-bodied residents of each road
district, or section thereof, in said county, not exempt under
the general road law of this state, shall be farmed out by the
commissioner and overseer of roads, or other person author-
ized to keep in repair the roads in such road district, or sec-
tion thereof; and any contractor under this act shall have all
the rights and remedies for requiring such able-bodied resi-
dents to labor on the roads in the road district, or section
thereof, in which they reside, not to excced two days in each
year, and for collecting and enforcing the fines and penaltics
imposed by the general road laws of this state for failing to
work on said roads when summoned so to do.

13. That the clerk of the county court shall keep a road
docket, in which all proceedings in regard to roads in the
county court shall be kept of record.

14. That in a case of a road on a line dividing two magis-
terial districts, the commissioners of roads of the adjoining
districts sball divide the road between such districts in such
way as will equitably divide the expense; and in case they
cCunnot agree, the county court shall divide the same, and
direct what part of said road shall be opened and kept in
repair by cach of the magisterial districts.

15. That under the directions of the commissioner of roads,
the overseer of roads shall ercct at all points where roads
interse¢t or diverge from each other, suitable indicators,
showing the next most prominent place on the road, or beyond
its terminus, and the distance thereto; a failure to comply.
with this provision shall be punished by a fine of not less
than five dollars for each offence; and any person who de-
faces, removes, or in any way injures any indicator, shall be
subject to a like fine, to be recovered by the commissioner of
roads upon judgment of a justice of the peace; and any
overseer or contractor shall have power to enter upon any
lands adjoining his road or section to obtain materials for
making necessary repairs, or to make drains or ditches, upon
giving reasonable notice to the owner or person found occu-
pying said lands, of the necessity for said materials.

16. That the board of commissioners of roads for their
respective districts, shall, annually, in the month of July, lay
n road tax, not exceeding ten cents on every hundred dollars
of Value of property, real and personal, within their districts,
and sball immediately certify the same to the commissioner
of revenue, who shall thereupon extend the said taxes in the
copies of his books, to be delivered to the clerk of the county
court and to the treasurer of the county: provided however,
that all costs of building and repairing bridges and opening
new roads in any one district in excess of fifty dollars, shall
be provided for by the board of supervisors of the county,

and shall be paid for out of the general levy of the county.

17. That the treasurer of said county shall receive the
road taxes at the same time and places as he receives the
state and county taxes prior to the first day of December of
each year. Any person failing to pay any road taxes to the
treasurer by the first day of December, shall incur a penalty
equal in amount to that incurred for non-payment of state
taxes, which shall be added to the road taxes and collected
and accounted for as provided for in the case of state and
county taxes. He shall be entitled to the same compensa-
tion for receiving and collecting said road taxes as for re-
ceiving and collecting the state revenue and county levies,
He shall settle his account for said road taxes with the board
of commissioners of roads on or before the fifteenth day of
June in each year. He shall pay said road taxes received
and collected by him, upon warrants issued by the board of
commissioners of roads. He shall receive, as equivalent to
money, all accounts for labor, teams, carts, wagons, ploughs,
materials furnished, or services rendered in any way, when
properly certified by the commissioner and overseer of roads,
and the same shall be receipted for by the board as if paid
in money. Each commissioner of roads acting under the
provisions of this act, shall settle with the board of commis-
sioners of roads at their annual meeting in June in each
year, and account for all moneys vencivall by him, and pay
over any balances in his hands to his successor in office, or
otherwise as the board may direct.

18. That the board of commissioners of roads shall select
a clerk from their respective boards; their meetings shall
not exceed four in each year, and their compensation shail
not exceed two dollars for each meeting to each member of
the board. |
" 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 Alexandria.

20. That all incumbents of offices under the general road
law shall continue in office and discharge the duties thereof
until their successors are duly elected and qualified under
the provisions of this act.

21. This act shall be in force from its passage.