Chap. 252.—An ACT to provide for working of roads in the counties
Chestertield, Powhatan and Goochland.

Approved March 3, 1884.

1. Be it enacted by the general assembly of Virginia, That
it shall be lawtul for the counties of Chesterfieh i, Powhatan
and Goochland, after the first day of April, eighteen hundred
and cighty four, to locate, open, change, and repair highways,
roads and bridges as follows:

2. That for each magisterial district in the counties of
Chesterfield, Powhatan and Goochland, there is hereby
created and established a board, consisting of the supervisor,
a commissioner of roads, and one director 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 hereafter
provided. The director, constituting a member ot the board,
shall be elected by the qualiticd voters of the several road dis-
tricts, except as hereinafter provided; and at the time of his
qualification shall give bond, with good personal security, in
not less than one thousand dollars. The commissioner of
roads shall be appointed by the judge of the county courts,
except as hereinafter provided. That the circuit judge of the:
second district, either in term time or vacation, shall, as soon
as practicable, proceed and appoint a commissioner of roads
for each of the magisterial districts of Chesterfield county,
and a director for each magisterial district in Chesterfield
county, who will constitute, with the supervisor of each
magisterial district, the board of commissioners of roads for
each magisterial district, and they shall remain in office until
their successors are appointed and elected at regular elections
in May, eighteen bundred and eighty-five, and qualified as
provided by this act. The county courts of Powhatan and
Goochland will, as soon as practicable, appoint a commis-
sioner and a director for each of the magisterial districts in
each of said counties, who will with the supervisor of each
district, constitute the board of commissioners of roads for
each mavisterial district, and shall remain in office until their
successors are appointed and elected at the regular election
in May, eighteen hundred cighty-five, and qualified as pro-
vided by this act. The board hereby created and constituted,
is declared to be a body, politic and corporate, and shall be
known and designated as the board of commissioners of
roads for ——— magisterial district.

3. That the sub-road districts, as now laid out and de-
scribed by metes and bounds within the line of the old town-
ships, shall remain as they now are, unless and until they
shall be changed by said board.

4. That annually there shall be appointed by the said
board, not later than the ———— in ————-— in cach —————,
one overseer of roads for each sub-road district, in cach mag-
isterial district, whose term of office shall be for one year,
beginning on the first day of July succeeding his appoint-
Ment on and after eighteen hundred and cighty-five. He
shall reside in the district for which he shall have been ap-
»ointed, and shall have charge of the roads of his district.
it any such overseer, after being appointed, unless be decline
to accept the appointment, fail to work the roads in his dis-
trict when directed by the road commissioners, he shall be
liable to a fine, on presentment by the grand jury, not ex-
cecding fifty dollars.

5. That his duties shall be to see that the roads in his dis-
trict are kept in good repair; that the bridges are ina 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, sub-
ject to the approval of the commissioner of roads, and shall

have custody of the same, and shall perform such other duties
aus may be prescribed by Jaw or directed by the board of com-
missioners of roads. His compensation shall be one dollar
and fifty cents per diem for each day actually employed, say
ten working hours, and when working less than five hands,
to be paid at the rate of seventy-five cents per day. The
main bridges over streams being entirely in one magisterial
district, when necessary to reluitd or construct, there shall
be made an appropriation for the same by all the commis-
sioners in the county, the Commissioners agreeing, a neces-
sary sum, the same being proportioned to each magisterial
district. This does not intend to include keeping in repair
bridges, or construction of any bridges, except those over
large streams,

6. That annually, at the May term of the court, there
hall be appointed by the judge of the court, for each magis-
terial 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. ‘Ile 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 bis quali-
fication, give bond, with good personal security, in not less
than two thousand dollars, nor more than five thousand.
Said bonds taken under this act may be executed by parties
separately, but the bonds must in the aggregate equal the
bond required. Parties giving the security, must qualify ac-
cording to law. The board of commissioners must enter
upon their records whether the securities are liable, stating
amount due, at their annual meeting.

7. That the commissioner of roads shall have charge of all
roads in bis magisterial district. His duty shall be to see
that the roads in his district are kept in good condition, and
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 the dis-
trict to remove the fencing or other obstructions, and may
recover the expenses with cost, from the trespasser, upon the
judyment of a justice of the peace. He shall examine the
roads in his district each year, in the months of April,
August, and November, and see that the roads and bridyes
are kept in good repair by the overseer 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
entorce payment theretor, as provided in section eleven of this
act. But if upon such examination he shall find that such
contractor or overseer has executed his contract or performed
his duty according to the 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
ayainst 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
direction of the overseer, it shall be the duty of such over-
seer to givea like certificate. His compensation shall bo two
dollars per diem for each day in which he has been or may
be actually employed in discharging his duties under the pro-
visions of this act, and to be paid by the board of commis-
sioners of roads for the respective magisterial districts: pro-
vided that the compensation of commissioners shall not for
any year exceed thirty dollars, unless the road board for his
district sball otherwise determine that persons applying for
a new road, or to lay out, open, alter or change a public road,
shall, when the same is rejected, be charged with the per diem
compensation of the commissioner of roads.

8. That the commissioner ot roads for the district, and the
overscer of the sub-district shall let to contract at public let-
ting, to the lowest and best bidder for a term of one year,
with authority to extend to five years, except in case of anew
road, then it shall be let until the next general letting, all the
roads in each district, not exceeding five miles in one section.
Of the time and place of which letting, they shall give ten
days’ notice by printed hand-bills posted in at least three
places in each road district. The specifications of such con-
tract shall be such as will effectually open new roads, and con-
stantly keep in repair and clear of all 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 mid-
dle and slope gradually each way to the sides, where ditches
sufficient to carry off the water shall be made and kept open, and
as far as practicable shall raise walk-ways for foot passengers,
and construct foot-bridges over streams and low places: pro-
vided that the contract price in no case exceed the estimate
made by the overseer and commissioner of roads.

9, That it shall be the duty of the said road commissioners
and overseer, within thirty days preceding the day of public
letting, as directed in the preceding section of this act, 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 and highways in said district, into sections
from two miles to seven miles in length, or as near as practi-
cable, and which they shall number and describe in a book
kept for the 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 book 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 constructor shall sign his name in a book to be
kept for that purpose by the commissioner of roads, to a con-
tract 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 con-
tracted for, and the nnmber and description of sections con-
tracted for. All contractors shall give bond and security in
such sum as the board shall deem = sutticient, in a 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 see-
tion, and if) the complaint is well founded, shall give imime-
diate notice, in writing, to the party to make or put. his sec-
tion or road in re pair aceording to law, or as the contract re-
quires; and upon his failure to do so, the overseer shall pro-
ceed 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, from the contractor and his securi-
ties, 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 counties, or commissioner of the rev-
enue, or overseer of the roads therein, or other person aut hor-
ized 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 overseer, with the approval of the
commissioner of roads 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,
and plows as may be necessary, 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 imme-
diately prior to the passage of this act. The commissioner
of roads can purchase the necessary implements where
deemed necessary, 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 conditions of
his contract, to the date of bis death or removal, the commis-
sioner 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 first letting.

14. That every petition fora new road, 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 disapproval of the
same, and his reasons therefor; which petition and commis-
sioner’s report shall be laid before the county court at its next
term, in open court, and the court shall appoint three dis-
creet freeholders to view the ground of any new road or of
proposed change; the county or other competent 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 tor 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
vicinage of the proposed road at least five days before the
time of meeting. The viewers, before they proceed to dis-
charge their duties, shall be severally sworn by the com-
missioner of roads, or some other person authorized to admin-
ister oaths, to perform their duties impartially and 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 for the shortest distance and the best ground,
and so 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 the land through which the
road passes, taking into consideration the advantage to be
derived 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, orchard, 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 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 land upon which said road will be, if established,
shall be summoned to show cause against said report, and
any proprietor or tenant of lands on which said road will
be, if established, may enter himself a party defendant to
said petition, after which the same proceedings shall be had
as under the gencral road law of the state, upon the return
of the report of commissioner of roads: provided that the
viewers and surveyor shall be paid out of the county treasury :
and provided further, that no such opening or change of road
shall be made through any enclosed lands, except by consent
of the proprietor, until the damages allowed him shall be
actually paid.

17. Phat the county shall, at the time when any new road
is established, direct what width the road-bed shall be made,
and shall have power to regulate the width of all roads: pro-
vided that the land condemned for any new roads shall not
be less in width than thirty feet.

18. That the court may, at its discretion, grant a second
or third review—thbe viewers to be paid the sum of one dollar
per diem, and the county or other surveyor two dollars per
diem, to be -paid as provided for in section sixteen of this act.

19. All male persons in the counties of Chesterfield, Pow-
hatan, and Goochland, shall be compelled to work on some
public road therein, as near as may be practicable to the
place of their residence, with the following exceptions: Min-
isters of the gospel, who have charge of a congregation,
persons under sixteen and over sixty years of age, and any
person who has lost a leg or anarm. <Any other person who
is otherwise disabled, may be exempted on a certiticate of the
road commissioner of such disability : provided however, they
shall not be required to work more than three days in one
year. All persons so required to work, shall be notified by
the overseer of the road sections to which he is assigned, of
the time and place where he is to work, as near his place of
residence as may be practicable. The said notice of the
overscer shall be given at least twenty-four hours prior to the
time fixed to work such hands, and this notice must be made
in person, or a written notice thereof left at the residence or
place of employment of such person. All persons so notified
must appear, or furnish an acceptable substitute in time to
perform ten hours’ diligent labor; and if he fails so to appear
With a suitable tool to work with. or fails or refuses to do
what the overseer directs, or does anything to operate against
the diligent prosecution of the work, he shall be dismissed by
the overseer and proceeded against as if he had not attended
according to notice. Such person shall, by the overseer of
the road section. be tined or charged soventy- -tive cents per
day for every day of such failure; if he fails to pay such fine
or charge to the overseer within thirty days thereatter, the
overscer shall make off and deliver to the treasurer, or sher-
iff, or any constable, an account for such fines, w hich shall be
collected by the officers receiving the same in the same man-
ner provided by law tor the collection of taxes. The over-
seer shall proceed to collect it upon the warrant of a justice
of the peace, in proceedings instituted in the name of the
board of commissioners of roads of the district, and the party
so warranted shall be made to pay all costs of proceedings,
and no property shall be exempt from scizure or distraint to
satisfy said ‘claim. All moneys collected by the overseers
under the foregoing pr ocecdings, or otherwise, shall be
accounted for to the commissioner, Who must account for the
same on settlement with the board of road commissioners.

20. That the clerk of tbe county court shall keep a road
docket, in which all proceedings in regard to roads in the
county court shall be kept of record, and boards of com-
missioners shall pay him according to the work to be per-
formed.
21. That in case of a road or line dividing two magisterial
districts, 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 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 an 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 adjoining his road
or section to make necessary repairs, drains or ditches.

23. That the board of commissioners of roads for their
respective districts shall annually, in the month of April of
each year, lay a road tax, not exceeding twenty-five cents on
every one hundred dollars’ value of property, real and_per-
sonal, including all railroad property within their districts,
and immediately certify the same to the commissioner of the
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 the treasurer 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,
he receives the state and county tax, and pay the same over
to the commissioners of roads of the several districts. He
shall be charged with the full amount of the road taxes levied
tor the year, “and credited by all sums paid over in money or
otherwise, as herein provided. The treasurer shall receive
as equiv alent to money, all accounts for labor, teams, plows,
Wwayons, material furnished, or for services rendered in any
way. when properly certified by the commissioner of roads,
or overseer, and the same shall be receipted for by the com-
missioner, as if paid to him in money. Kach commissioner of
roads, acting under the provisions of this act, shall settle
with the board of commissioners of roads 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 trom
the treasurer for road purposes, and pay over any balance in
his hands to his successor in office, which shall be placed to
the credit of the board, and appropriated for road purposes.

25. That all persons who shall make payment of road
taxes on or before the first day of December, shall be entitled
to a deduction of five per centum; and any person failing to

ay any road taxes to the treasurer, by the first day of
Dacomber, shall incur a penalty equal in amount to that in-
curred for non-payment of state taxes, which shall be added
to the road taxes, and collected and accounted for as provided
for in case of state and county taxes.

26. That the board of commissioners of roads shall
annually, on the first Monday in June, audit, adjust, and set-
tle 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 commissioner of roads, tor 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 ysaid road taxes received and collected by him, upon
warrants issued by the board ot commissioners of' roads in
following form:

Warrants in the following form, namely:

Office of Commissioner of Roads,

District,
—_——_—— county ————- 188—.
Number ,
The treasurer of ——— county will pay to the order of
the sum of ——, out of road tax for ———-, the

same having been approved by the board of commissioners.
—__ —___.
Commissioner of Roads.

27. Any person or persons causing water to be diverted
from its natural course and conveyed across a public highway,
or who, by the erection of waste-cates, or any other me: ins,
shall cause water to flow or 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 commissioner or over-
seer 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 re-
sponsible for all damages, 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 jurisdiction.

28. That upon the petition of twenty frecholders of each
district, the board of supervisors, if a majority of them shall

so determine, may direct that the county surveyor shall make

a survey and map of the county, showing on the same the
boundaries of each magisterial district, marking the location
of towns, stores, mills, “post offices, churches, school-houses,
and other prominent objects, indicating beds of minerals; all
the mappings to be completed in three years from the first
day of Sanuary, eighteen hundred and eighty-three.

29. That the compensation of the surveyor shall be fixed
by the board of supervisors, and shall not exceed two dollars
and fifty cents per diem for the time actually employed.
30. That the price of the map, on rollers, shall not exceed
five dollars, and that cach person whose levy for map pur-
poses, shall in three years be equal to five dollars, shall be
entitled to a copy, and each person whose levy does not reach
five dollars, shall have a copy by paying the ditference between

is Igvy and the price of the map; the said map shall be
under the control of the surveyor: provided the price of the
same shall be fixed by the board of supervisors.

31. 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 coun-
ties of Chesterfield, Powhatan, and Goochland.

32. All acts heretofore passed by the general assembly in
reference to the country roads of Chestertield, Powhatan, and
Goochland, are hereby repealed.

33. All incumbents of offices under the road law now in
force in Chesterfield, Powhatan, and Goochland counties, will
continue in office, and discharge the duties of the same until
their successors are duly appointed and qualified under the
provisions of this act.

34. This act shall be in force from the first day of April,
eighteen hundred and eighty-four.