Chap. 95.—An ACT to provide for working and keeping the public
roads in order in Clarke county.

Approved February 17, 1877.

1. Be it enacted by the general assembly of Virginia, That
the several magisterial districts of Clarke county shall be
each a separate road district; and it shall be the duty of the
board of supervisors of said county, at their first meeting
after the passage of this act, and annually thereafter, at their
regular meeting on the first Wednesday in November,.to
appoint one road commissioner for each magisterial district,
who shall hold his office until the first day of January of each
year, or until his successor is appointed and qualified. Said
commissioners shall qualify by taking the oath of office pre-
scribed by the general law, and enter into bond with such
security and in such penalty as may be required and approved
by said board of supervisors for the faithful performance of
their duties. And if by reason of death, resignation, removal,
or refusal to serve, a vacancy shall occur in the office of said
road commissioner of any magisterial district, the said board
of supervisors shall, at their meeting next succeeding said
vacancy, appoint some suitable person to fill the unexpired
term of the road commissioner 80 vacated.

2. The supervisor of the magisterial district, the road com-
missioner, appointed as above for said district, and such jus-
tice of the peace within said district as they may select, shall,
constitute a board of road commissioners for said district.
The supervisor as aforesaid to be chairman of said board.
They shall, as soon as organized, appoint one of their num-
ber to act as clerk, who shall give bond, to be approved by
said district board, in the penalty of not less than two hun-
dred dollars, conditioned for the faithful performance of his
duties.

3. Said district boards shall meet each within their respec-
tive districts as soon as practicable, and, if necessary, redis-
trict the roads into sub-districts, or adapt the same as now
divided; and it shall be the duty of each board to appoint
annually an overseer of roads for each sub-district, who shall
hold bis office until the first day of January of each year, or
until his successor is appointed and qualified. The said over-
seer of roads shall be a resident of the sub-district for which
he is appointed, who shall qualify before entering upon the
duties of his office, by taking the oath of office prescribed by
law, before one of the justices of the magisterial districts, or
before the chairman of the board of said commissioners, who
is hereby authorized to administer the same; and shall enter
into a bond with a penalty to be prescribed by the board, but
not less in any case than double the amount and value of any
property and money which will probably come into his hands
during the year, conditioned that he will account for such
property and money that pass into his bands as such over-
seer, and in all other respects faithfully discharge the dutjes
of bis office; sucb bond shall be acknowledged before a justice
or chairman of the board, with sureties to be approved by at
least two of the members of said board, returned to the clerk
of the county board of supervisors, and kept by him with
the other records of his office.

4. There shall be regular meetings of the district board on
the first and fourth Mondays in October of each year. At
the meeting on the first Monday in October, the several over-
seers of roads shall make their reports and statements of
accounts. The board shall proceed to audit and settle the
same, and, if not completed in one day, may adjourn from
lime to time until all accounts are audited. Said accounts,
when allowed by eaid district board, shall be entered up in a
book kept for that purpose by the clerk of said board in the
name of each party, amount due and properly numbered;
and for settlement of same, warrants shall be drawn, number,
hame, and amour.t as above mentioned, plainly set out there-
in, upon the county treasurer, sigued by said clerk and coun-
tersiyned by chairman of said board. At the meeting on
the fourth Monday in October, the said board shall appoint
the overseers of roads for the sub-districts within their dis-
trict for the ensuing year; shall also select a clerk, each of
whom shall qualify as aforesaid. They shall also at this
meeting make an estimate of the amount of tax necessary to
be levied upon all property, real and personal, of the magis-
terial district assessed for the state revenue, to be made from
the last returns of the commissioners of revenue, to pay the
expense of keeping all the public roads within their district
in good repair, and of such width and condition as may be
required by law, not to exceed five cents on the one hundred
dollars valuation of taxable property; which estimate they
shall require the clerk of said board to lay before the county
board of supervisors on the first Wednesday in November.
The said district board may also, at their meeting on the
fourth Monday in October, transact any unfinished business
from former boards or meetings, and such other business re-
lating to public roads within their districts as they may deem
expedient, not inconsistent with this act.

9. Special meetings of the district boards may be called by
the chairman, upon the application of any two of its members,
for the transaction of any business necessary or proper to be
done by the board; and any vacancy in the office of clerk or
overseer of any sub-district, may be filled at any meeting of
the board.

6. All male persons in each sub-district shall be enrolled
by the overseer for that district, and compelled to work on
some public road therein two days in each year, with the
tollowing exceptions, namely: persons under sixteen and
over sixty years of age; all ministers of the gospel; persons
who reside in a town that keeps its streets in order, and
provides for its poor; and any person who has lost a leg or
an arm. <Any other person who is otherwise disabled, may
be exempted on certificate of the county court of such disa-
bifity. A list of persons so appointed to work on the public
roads, shall. be made out in alpbabetical order, and filed by
the overseer with the clerk of the district board.

7. At such times as the overseer may judge most suitable,
be shall notify all persons in his sub-district liable to road
duty, of the day on which he requires them to work on the
road. very person liable to road duty shall, either in per-
son or by an able-bodied substitute, not less than sixteen
years of age, when required by the overseer of bis district,
attend, with such teams, wazons, carts, scoops, or other im-
plements, if he have them, und work the roads on sugb days
(not exceeding two) as the overseer may direct. The over-
seer Shall keep a strict account of all credits due any person
for services rendered, in accordance with the schedule far-
nished by the board of supervisors; and shall give a certifi-
cate, when so requested, to any person entitled thereto,
showing such credits.

8. For every day on which there may be a failure to work,
by any person liable to road duty, one dollar shall be paid as
a fine to the overseer of his road district by the person in
default, if a person of full age; or it he be a minor, by his
parent or guardian. If the money be not so paid it shall be
recoverable by the overseer, with costs, before a justice, and
said justice shall issue a writ of fieri facias for the amount
and costs, which, when collected, shall be paid to the said
overseer, or his successor. Any money received by an over-
seer under this section, after payment of costs, shall be ap-
pied to the working of roads within his district, and shall

e accounted tor by him to the district board. |

9. Every overseer shall cause the roads under his charge
to be kept clear and smooth, free from loose rocks, from gates
unlawfully kept up, and other obstructions, of the required
width, well drained, bridges safe, and otherwise in good order.
He shall also cause all dead timber, liable to fall in the road,
to beremoved. He shall, when directed by the district board,
keep at the fork or crossing of every road, a sign board, on
which shall be plainly lettered the most notable points to
which each point leads; and across each stream, where it is
necessary and practicable, a sufficient bridge, bench, or log
for the accommodation of foot passengers, and a bridge for
vehicles and horses. He shall also, if directed by the board,
provide suitable watering places on the line of roads under

is charge for the accommodation ot stock and persons.

10. Each overseer shall receive for his services such per
diem as may be fixed by the board, not to excoed two dollars
per day, for each day actually and necessarily employed in
the discharge of his duties; but no compensation shall be
allowed any overseer whose roads have not been inspected
and approved by the road commissioner of the magisterial
district in which his sub-district is located; right, however,
is herein reserved to the overseer to appeal from the decision
or action of said road commissioner to the district board,
whereupon the said district board shall appoint two or more
disinterested freeholders to inspect the road or roads in dis-
pate, and report their action at the meeting on the fourth
onday in October, the report of said freeholders to be ac-
cepted by all parties as final. | .

11. At the meeting of the district board on the first Mon-
day in October, the overseer shall render an accurate account
to the board of all fines imposed, collected, and expended by
him, and what persons are delinquent and for what sums,
what persons are entitled to pay, and how much for labor,
teams, implements, and materials, and how much, in his
opinion, it will require to keep the roads in his district in
order the ensuing year, and make such improvement as may
appear advantageous. Said overseer shall bave credit, in his
settlement, for all receipts of constables for fines placed in
their bands for collection and uncollected, and the same shall
be charged against his successor; but the board may at any
time credit such overseer with any fines that may appear
insolvent, and which the overseer may make affidavit, have
not been collected by him; provided, that if required by the
board, the overseer, in any charge for services rendered by
himself, or his employees, hire of his own teams and imple-
ments, or materials furnished by himself, shall prove the same
by affidavit of two disinterested witnesses, who shall be tax-
payers of his road district, that the said charges are just.
Any overseer of the roads who shall fail to perform any duty
required of him by this act, shall pay a fine of not less than
five nor more than thirty dollars, and may be removed from
office by the board.

12. The overseer and his sureties shall be liable upon his
bond for any failure to account for any property or money in
his hands, belonging to or due said district, and if he fail to
make such settlement as is provided for in the preceding sec-
tion, or fail to account for any property or money placed in
his hands, the clerk shall at once notify the clerk of the
county board of supervisors, who shall place the bond of
said overseer in the hands of the attorney for the common-
wealtb, who shall sue upon the same in the circuit or county
court, for the value of such property or such sums as may be
due for the use of his sub-district, and shall be entitled toa
fee of five dollars, to be added in the costs of the suit.

13. The overseer of any sub-district may take from any
convenient lands, so much wood, stone, gravel, or earth, as
may be necessary to be used in the construction or repairing
of such road, or any bridge or causeway therein; and may,
for the purpose of draining the road, cause a ditch to be vut
through any lands adjoining the same: provided such wood
or other article be not taken from, any such ditch be not cut
through, any lot in a town, yard, or garden without the con-
sent of the owner.
14. If any owner or tenant of any such lands shall tbink
himself injured thereby, a justice, upon appication to him,
shall issue a warrant to three freeholders of the sub-district,
requiring them to view the said lands, and ascertain what is
a& just compensation to such owner or tenant for the damage
to him by reuson of anything done under the preceding sec-
tion. The said freeholders, after being sworn, shall accord-
ingly ascertain such compensation, and report the same to
the district board, who shall allow and audit the same aniong
the claims against said district.

15. The commissioner of roads shall have under his general
supervision all the roads within his magisterial district; and
he shall, before the first Monday in October of each year,
inspect and note the condition of all the roads in hia district;
the nced of new ones or alteration in existing ones; the con-
dition of all bridges, and when new ones are needed, give the
overseer of each sub-district a certificate of approval of the
work upon their roads, if their condition justify the same; all
of which matters, with such suggestions as to the future work
he may consider advisable, he shall embody in a report to be
made to the board at its meeting on the fourth Monday in
October. He shall pass over and inspect the roads in his
district at least twice during the year; shall advise or sug-
gest to the overseers any improvement in the roads or man-
ner of working them, and shall carefully note any violation
of duty by, or inefficieacy of, any road overseer in his dis-
trict. He shall receive for this service two dollars per day
for the time actually employed: provided, the total compen-
sation shall not exceed ten dollars for any one year. Any
commissioner of the roads who shall fail to perform any duty
required of him by this act, shall pay a fine of not less than
ten nor more than fifty dollars, and may be removed from
office by the board of supervisors.

16. The members of the board of road commissioners for
each magisterial district, shall each receive for their services
two dollars per day for time actually employed: provided,
the total compensation of each shall not exceed ten dollars
for any one year. The road commissioner, however, to re-
Ceive, in addition to the above, his compensation as set out
in the preceding section. The clerk of the board shall receive
reasonable additional compensation for extra services ren-
dered. Such additional compensation shall be fixed by the
board, subject to approval by the county board of supervisors.
The allowance to the members of the board of road commis-
sioners and the clerk’s extra compensation, shall be audited
by said district board among the claims against said districts.

17. The clerk of the board of road commissioners in each
magisterial district shall forward, as soon as approved by said
board, any and all bonds of the overseers of sub-districts to
the clerk of the county board of supervisors. He shall, before
the first Wednesday in November of each year, make out a
statement, in writing, of all claims against his said district
audited by the said board; the amount of each and to whom
due; what amount remains collected in the hands of the
overseers, and what amount remains uncollected of fines;
also the rate of road tax required by said board, to be levied
upon real and personal property within his district for the
working of, and keeping in order the public roads of said
district. This statement shall be laid before the board of
supervisors at their regular meeting on the first Wednesday
in November of each year. The said clerk shall receive no
pay for extra services until the above statement is made as
directed.

18. The county board of supervisors, at their regular meet-
ing on the first Wednesday in November, or at sach adjourned
meeting before the annual levy is closed, as they may deem
practicae, shall examine all statements of the district boards

aid before them, having power to correct any errors that
may be found thereiy, and shall levy such road tax, for the
ensuing year, upon each magisterial district, as the board of
said district may require: provided said tax does not exceed
the rate set out in the fourth section of this act in any one
district.

19. The clerk'of the county board of supervisors shall care-
fully file away and keep with the other records of his office
all bonds of road overseers and commissioners, and other
papers relating to public roads within the magisterial districts
of his county that may be delivered to him by the district
board; he sball furnish the clerk of each district board a cer-
tified copy of the schedule prices adopted by the county board
of supervisors for the hire of laborers, teams, and so forth,
and he shall deliver, on or before the first day of February of
each year, to the commissioner of the revenue for said coun-
ty, a certified statement of the amount of road tax laid by
the said board of supervisors upon each magisterial district.

20. It shall be the duty of the said commissioner of the
revenue, when making his assessment of other taxes, to ex-
tend upon his books, opposite the name of each person as-
sessed with real or personal property therein, in a separate
and distinct column, the amount of road tax for which each
is liable, keeping each district separate; and for this service
he shall receive a compensation not exceeding two and one-
half per centum of the total amount of road tax s0 assessed,
payable out of the county treasury.

21. The treasurer of said county shall enter said road tax,
assessed as provided in the preceding section, upon his tax
bills in a separate column against all persons liable therefor,
aud collect the same in such manner as is provided by law
for the collection of other taxes. He shall also keep a road
tax account with each magisterial district; and when said
taxes are collected, shall pay all road warrants presented to
him, signed by the clerk of the district board and counter-
signed by the chairman of said board, crediting each district
with the amount of road tax collected therein, and charging
each district with all road warrants issued thereon when pai
by him; shall also settle his accounts relating to road tax
annually with the district boards at such time as the said
boards may order; and for this service he shall receive the
same rate of per centum upon the road tax as is now allowed
by law for the collection of other taxes.

22. Every petition for a new road, or to lay out, open, alter
or change a public road, must first be presented to the com-
missioner of roads of the district in which the road is, who
shall endorse thereon his approval or disapproval of the same,
and his reasons therefor; which petition and commissioner's
report shall bo laid before the county court, to be proceeded
in as is now provided in the general road law of the state.

23. The court shall, however, if the damages assessed be
allowed, order the said damages to be paid by the magisterial
district or districts through which the road may pass in such
proportion as the damages may bave been assessed in the
said districts respectively: the viewers to be paid the sum of
one dollar each per diem, and the surveyor two dollars per
diem, for time actually employed, out of the county treasurv.

24. In ease of a road, or a line dividing two magisterial
districts, excepting such as may be otherwise provided for
by special act, the commissioners of roads of the adjoining
districts shall divide the said road between such districts in.
such way as will equitably divide the expense, if they can
agree, and in case they cannot agree, the county board of
supervisors shall divide the same and direct what part of suid
road shall be opened and kept in repair by each magisterial
district.

25. The county board of supervisors sball adopt annually
a schedule which shall show at what rate each tax-payer shall
have credit for his labor on the public roads, and for the use
of his teams, plows and other implements used thereon: pro-
vided the credit for labor sball not exceed the rate of reventy-
five cents per day for an able-bodied hand: and provided
further, that no credit shall be allowed for the use of any
implement, the market value of which does not exceed three
dollars. A copy of this schedule shall be delivered to the
clerk of each district board on or before the first day of
February of each year, and he shall forthwith deliver a copy
of same to each road overseer within his district.

26. All matters not specially provided for by this act shall
be as provided in the general road law of this state, when
not in conflict with this act.

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