An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1877/1878 |
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Law Number | 182 |
Subjects |
Law Body
Chap. 182.—An ACT to provide for working the roads and repairing the
bridges in the counties of Pulaski and Wythe.
Approved March 12, 1878.
1. Be it enacted by the general assembly, That it shall be
lawful for the counties of Pulaski and Wythe, after the first
day of May, eighteen hundred and seventy-eight, to locate,
open, change, and repair highways, roads, and bridges, as
follows: |
2. That for each magisterial district in the counties, there
is hereby created and established a board, consisting of the
supervisor, a commissioner of roads, and one of the justices
of the peace for each district; which board shall have the
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. The justice of
the peace constituting a member of said board, shall be
chosen and designated by the supervisor and road commis-
sioner constituting the two other members of the board, and
the commissioner of roads shall be appointed by the judge of
the county court, as hereinafter provided. The designation
of the justice who is to serve on said board shall be in
writing, and shall be preserved and recorded by the board of
road commissioners. The board hereby created and consti-
tuted, is declared to be a body politic and corporate, and
shall be known and designated as The Board of Road Com-
missioners for Magisterial District.
3. That the sub-road districts, as now laid out and described
by metes and bounds, shall remain as they now are until they
shall be changed by said board.
4. That annually there shall be appointed by the said
board, not later than the fourth Saturday in May, in each
year, one overseer of roads for each sub-road district, not
exceeding three for any magisterial district, whose term of
office shall be for one year, beginning on the first day of July
succeeding his appointment. He shall reside in the district
for which he shall have been appointed, and shall have charge
of the roads of his district. If any such overseer refuse to
serve after being appointed, or fail to work the roads in his
district when directed by the road commissioner, he shall be
liable to a fine, on presentment by the grand jury, not exceed-
ing twenty dollars; but any person, after being overseer for
two consecutive years, may give up his office on producing a
certificate to the board from the road commissioner, or other
satisfactory evidence that the roads in his district are in
proper order; and he shall not, within two years thereafter,
e appointed overseer without his consent.
5. That his duties shall be to see that the roads in his
district are kept in good repair, that the bridges are in a safe
condition, that the roads are kept free from obstruction, that
all loose stones are removed; and he shall contract for all
tools and implements necessary for working the 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 prescribed by law, or directed by the board of road
commissioners. His compensation shall be one dollar per
diem for cach day actually employed, to be, on the approval
and warrant of the board of supervisors, paid out of the
county treasury.
6. That annually, at the May term of the county court,
there shall be appointed by the judge of the court, for each
magisterial district, one commissioner of roads, whose term
of office shall be for one year, beginning on the first day of
July next succeeding his appointment; be shall reside in the
district for which he is appointed. Each commissioner of
roads thus appointed, shall qualify before the judge of the
county, in court, or during vacation; and shall, at the time
of his qualification, give bond, with good personal security,
in not Jess than three hundred dollars, nor more than fifteen
hundred dollars.
7. That the commissioner of roads shall have charge of
all the roads in his magisterial district. His duty shall
be to sce 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 aftcr reasonable notice, not to exceed thirty
days, he shall direct the overscer of the district to remove
the fencing or other obstruction, and may recover the
expenses, with costs, from the trespasser, upon judgment of
a Justice of the peace. He shall examine the roads in his
district twice in each year, in the months of May and Octo-
ber, and see that the roads and bridges are kept in good
repair by the overseers and contractors; and if he shall find
any overseer or contractor delinquent, he shall give him
notice in writing; and on his failure to comply with the law
or his contract, shall make the necessary repairs and enforce
payment thereof, as provided in section eleven of this act;
ut if upon such examination he shall find that such con-
tractor or overseer has executed his contract or performed
his duty according to law or his contract, he shall give him
a certificate to that effect, with a statement showing the
amount such contractor or overseer is entitled to have offset
against his road tax; such certificate to be given before the
time fixed for the collection of said tax; and where work has
been done by any person other than a contractor, under the
direction of the overseer, it shall be the duty of such over-
seer to give a like certificate. His compensation shall be two
dollars per diem for ‘each day in which he has been or may
be actually employed in discharging his duties under the
provisions of this act, and to be after und only so far as the
Bame shall be approved by the board of supervisors for the
county, who shall issue their warrant for the same upon the
treasurer of the county, to be paid out of the county trea-
sury: provided however, the amount of said allowance shall
not, for any one commissioner, for any one year, exceed fifty
dollars. The supervisor and justice of the peace constituting
members of the board of road commissioners, shall be allowed
for their services, as such, one dollar and fifty cents each per
diem: provided however, the sum allowed each of them for
their services as such, shall not exceed the sum of ten dollars
for any one year, to be allowed and paid out of the county
treasury, as in the case of the commissioner of roads and the
overseers.
8. That the commissioner of roads for the district, and the
overseer of the sub-district shall let to contract, at public
letting, to the lowest and the best bidder, for a term of two
years, (except in case of a new road, then it shall be let
until the next general letting,) all the roads in each district,
not exceeding two miles in one section. Of the time -and
place of which letting they shall give ten days’ notice, by
printed handbills posted in at least three places in each road
district. The specifications of such contract shall be such as
will effectually open new roads, and constantly keep in repair
and clear of all impediments to safe and convenient travel,
all public roads; and they shall embrace the making and
maintaining of sufficient bridges over such streams and rav-
ines as may need them; and in every case, except mountain
roads, it shall be specified that the bed of the road shall be
raised in the middle and slope gradually each way to the
sides, where ditches sufficient to carry off the water shall be
made and kept open: provided that the contract price shall
in no casé exceed the estimate made by the overseer and
commissioner of roads.
9. That it shall be the duty of the said road commissioner
and the overseer, within thirty days preceding the day of
public letting, as directed in the preceling section of this
act (and within the same period of time preceding the expi-
ration of each and every term of years thereafter), to lay
out and divide the public roads and highways in the said
district into sections, not exceeding two miles in length,
which they shall number and describe in a book kept for that
purpose. They shall also distinctly specify therein what
they deem necessary for the improvement and keeping in
good repair the said public roads and highways, with an
estimate of the amount of money which it will require to
improve and keep in repair each and every section of the
said roads, respectively, for the term of years approved of
and designated as provided for in section seven of this act.
The road bovk herein provided for, shall be returned to and
preserved by said board, and shall be open to the inspection
of any citizen of the county.
10. Each contractor shall sign his name in a book to be
kept for that purpose by the commissioner of roads, and paid
for out of the district road funds, to a contract embracing all
the specifications in relation to the roads contracted for by him,
as provided by the eighth section of this act, as well as the
contract price, the length of time contracted for, and the
pumber and description of sections contracted for. All con-
tractors shall give bond and security, in such sum as the
board shall deem sufficient, ina penalty not less than twenty-
five dollars, nor more than double the contract price.
11. That if a contractor refuse or neglect to comply with
the law or his contract, upon complaint, the commissioner of
roads shall, as soon as practicable, examine the road or sec-
tion, and if the complaint is well founded, shall give imme-
diate notice in writing to the party to m: ike or put bis road
or section in repair, “recording to law, or as the contract
requires; and upon his failure to do £0, the overseer shall
proceed to put the sume in order, and the expense thereof,
with costs of suit, shall be recovered by the commissioner of
roads, in the name of the board, from the contractor and bis
securities, as other debts are recoverable.
12. That if any section remain unlet by reason of there
being no bidder, or the amount offered be deemed unjust, the
commissioner of roads and overseer of the district may let
the same by private contract, the contract price not to be
more than estimated by the overseer and commissioner of
roads; and no supervisor of said county or commissioner of
roads, or overseer of the roads therein, or other person
authorized to represent the county in contracting for the
working of any of the roads thereof, shall be in any way
interested in any contract provided for in this act; and any
violation of this provision shall render the contract null and
void; and in case there be no contract, the overscer 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, wagons, plows, as may be neces-
sary, and a just allowance shall be made for the labor, teams,
plows, and other implements which may be furnished by
private individuals, such allowance not to exceed that paid
by the county for like services immediately prior to the
passage of this act; and a day’s work shall be fixed at ten
hours.
13. That when any contractor shall die, or remove from
his district, and shall have fully complied with the condi-
tions of his contract to the date of his death or removal, the
commissioner of roads and overseer may release the said
contractor from his contract, and shall let the sections for
the remainder of the term, in the same way, and on the same
conditions, as at the first letting.
14. That every petition for a new roa, or to lay out,
open, alter, or change a public road, must first be presented
to the commissioner of roads in the district in which the
road is, who shall endorse thereon his approval or disappro-
val of the same, and his reasons therefor, which petition and
commissioner’s report shall be laid before the county court
at its next term, in open court, and the court shall appoint
three discreet freeholders to view the ground of any new
road, or of proposed change. The county or other compe-
tent surveyor shall accompany the viewers, and if necessary
survey and map the road. The whole number of viewers
must view, but a majority may decide for or against, and
they may view and make report of, and estimates for, any
modification of the route.
15. That notice of the time and place when the viewers
shall meet, shall be given in some public manner in the vicin-
age of the proposed road, at least five days before the time
of meeting. The viewers, before they proceed to discharge
their duties, shall be severally sworn by the commissioner of
roads, or some other person authorized to administer oaths,
to perform their duties impartially und to the best of their
judgment. If they decide that there is public necessity for
the road or change, they shall lay out the same, having
respect to the shortest distance and the best ground, and 80 as
to do the least injury to private property, and also, as far as
practicable, to be agreeable to the petitioners. They shall
assess the damage done to land through which the road
passes, taking into consideration the advantage to be de-
rived from the road passing through the land, and shall report
in writing to the next term of the court; but in no case shall
any yard, garden, orebard, or any part thereof, be taken
without the consent of the owner.
16. That the court shall examine the amount of damages
assessed, and if satisfied the public interest will be subserved
by its payment and the opening of the road, or the proposed
change, shall approve the report, and order the damages and
the expense of opening or changing the road to be paid by
the magisterial district or districts through which the road
may pass, in such proportion as the damages may have been
assessed in the said districts respectively; but, upon the
return of the report of the viewers, the proprietors and
tenants of the land upon which such report will be, if estab-
lished, shall be summoned to show cause against said report,
and any proprietor or tenant of lands on which said road
will be, it established, may enter himself a party defendant
to said petition, after which the same proceedings shall be
had as under the general road law of the state, upon the
return of the report of the commissioner of roads: provided
that the viewers and surveyor shall be paid out of the county
treasury. But whenever the road to be changed or opened,
or the bridge to be built, is of such public and general im-
portance as to make it proper that the cost thereof shall be
borne by the whole county, the court may so order.
17. That the county court shal), at the time when any
new road is established, direct what width the road-bed shall
be made, and shall bave power to regulate the width of all
roads: provided that the land condemned for any new road
shall not be less in width than twenty feet.
18. That the court may, at its discretion, grant a second
or third review; the viewers to be paid the sum one dollar
per diem, and tho county or other surveyor two dollars per
diem, to be paid as provided for in section sixteen of this act.
19. The labor of the able-bodied citizens of each road dis-
trict in said county, or section thereof, not exempt under the
present general road law of this gtate, shall be apportioned
out by the commissioner and overseer of roads, or other
person authorized to keep in repair the roads in such road
district or section thereof; and such contractor shall bave all
the rights and remedies for requiring such able-bodied citizens
to labor on the roads in their road district, or the section
thereot in which they reside, not to exceed two days in each
year, and for collecting and enforcing the fines and penalties
imposed by the goneral road law of this state for failing to
work the roads when summoned so to do.
20. That the clerk of the county court shall keep a road
docket, in which all proceeding in regard to roads in the
county court shall be kept of record.
21. That in the case of a road or a line dividing two
magisterial districts, the commissioner of roads of the adjoin-
ing 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 agreo, the county court shall
divide the same, and direct what part of said road shall be
opened and kept in repair by each magisterial district.
22. That under the direction of the commissioner of roads,
the overseer shall erect at all points where roads cross, or
intersect, or diverge from each other, suitable indicators,
showing the next most prominent place on the road, and
the distance; 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 defaces, removes, or in any
way injures any indicator, shall be subject to a fine of five
dollars, 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 adjoin-
ing his road or section to make the necessary repairs, drains
or ditches.
23. That the board of road commissioners for their respec-
tive districts shall, annually, in the month of July of each
year, lay a road tax, not exceeding seven and a-half cents on
every one hundred dollars of value of property, real and
personal, within their districts, and immediately certify the
same to the commissioner of the revenue, who shall there-
upon extend the said taxes in the copies of his books, to be
delivered to the clerk of the county court, and to the trea-
surer of the county.
24. That the treasurer of the county shall collect the road
tax in the same manner, and at the same times and places as
he receives the state and county taxes, and pay the same
over to the commissioner of roads of the several districts.
He shall be charged with the full amount of the road taxes
levied for the year, and credited by all sums paid over in
money or otherwise, as herein provided. The treasurer shall
receive as equivalent to money all accounts for labor, teams,
lows, wagons, materials furnished, or for services rendered
In any way, when properly certified by the commissioner or
overseer, and the same shall be receipted for by the commis-
sioner as if paid to him in money. Each commissioner of
roads acting under the provisions of this act shall settle with
the board of road commissioners on the first Monday in
June of each year, or as soon thereafter as the said board
shall meet, and account for all moneys received by him from
the treasurer for road purposes, and pay over any balances
in his hands to his successor in office, which shall be placed
to the credit of the board and appropriated for road pur-
oses.
P 25. That the board of,road commissioners shall annually,
on the first Monday in June, audit, adjust, and settle the
accounts of the treasurer for the preceding year. They shall
charge the treasurer with the full amount of the road tax
levied in the district, and shall credit him by his commissions,
delinquents, and all payments made by him to the commis-
sioner of roads, for which he has the proper receipt. The
treasurer shall receive the same per centum for collecting
road taxes as for collecting the state revenue. He shall pay
said road taxes received and collected by him upon warrants
issued by the road commissioners. ,
26. Any person or persons causing water to be diverted
from its natural course and conveyed across a public high-
way, or who, by the erection of waste-gates or any other
means, shall cause water to flow or to be conducted over
such public highway, shall place and keep in good repair
bridges over the same at his or her expense; and if the com-
missioner or overseer of roads shall notify such person or
persons that his or their bridge is unsafe, and such person or
persons shall fail to make the necessary repairs, he or they
shall be held responsible for all damage, to be recovered by
warrant before a justice of the peace, or court of competent
jurisdiction, that may result from such failure. Within ten
days after such failure, the commissioner or overseer may
make said repairs, and require such party or parties to pay
all costs thereby incurred, which costs may be recovered
before a justice of the peace or court of competent jurisdic-
tion.
27. The general road laws of this state, except so far as
the same is in conflict with this act, shall be in force in the
counties of Pulaski and Wythe.
28. That an act entitled an act to provide for working the
roads and repairing the bridges in the counties of Bucking-
ham, Rockbridge, Smyth, and Pulaski, approved March fifth,
eirhteen hundred and seventy-seven, in so far as 1t applies
to the county of Pulaski, be and the same is hereby repealed.
29, This act shall take effect from and after the first day
of May, eighteen bundred and seventy-eight.