CHAP. 352.—An ACT to provide for the working and repairing of Public
Roads and Bridges.

Approved March &, 1884.

1. Be it enacted by the general assembly of Virginia, That
there shall be appointed by the board of supervisors in the
several counties of this state, a road surveyor for every elcc-
tion precinct, who shall be a resident and voter thereof, and
whose duty it shall be to superintend and direct the repairs,
and keeping in order of all county roads and bridges within
his election precinct, in such manner, and under such regula-
tions and restrictions as may be preseribed by the board of
supervisors of his county.

2. The term of office of such road surveyors shall be two
years, and they shall be first appointed under this act, in the
year eighteen hundred and eighty-five, prior to the first day
of May i in that year, and every two years thereafter, and
their term of office shall commence on the first day of July
next succeeding their appointment. They shall quality as
other district officers are required by law to qualify, and each
of them shall enter into and acknowledge bond betore the
court or judge before whom he quulifies, with security to be
approved by” such judges or court in a penalty at least equal
to double the annual allowance specified for him, and the
roads of his precinct, as hereinafter provided; and failure to
qualify and give bond as aforesaid, prior to the first day of
July next after his appointment, shall vacate his office.
Such bond shall be payable to the board of supervisors of the
county for which he is appointed, and conditioned for the
faithful discharge of his duties. Vacancies in the office of
road surveyor shall be filled by the board of supervisors of
the county wherein the vacancy occurs; and in case of a
vacancy where the office has been filled partly by one sur-
veyor and partly by another in any one year, the annual
allowance aforesaid, shall be apportioned between them by
the said board, in such manner as may be just. Any recovery
on any such bond, shall be used for the benefit of the precinct
for which the surveyor in defaulé was elected.

3. The board of supervisors of each county shall. from time
to time, prescribe and note upon the records of their proceed-
ings, such plans, specifications, restrictions and directions as
they shall deem best, for the working, keeping in order and
repairing the roads and bridges in the several precincts in
their respective counties, including any special plans, specifi-
cations, restrictions, or directions “which they may prescribe
for particular roads or bridges.

4. The board of supervisors of each county, shall on the
first Monday in every February, hold a meeting for the dis-
charge of their duties under this act, and shall “prescribe and
hold such other regular meetings, and call and hold such
other special meetings as may be necessary for that purpose.
5. Such board shall determine the amount of compensation
or salary (according to the plans they shall adopt) each road
surveyor shall be entitled to receive per annum, taking into
considei ‘ation, in estimating a fair Compensation, the reasona-
ble amount of labor and supervision to be performed in each
precinet; but such compensavion or salary shall be so fixed
at least ‘sixty days prior to any appointment of road sur-
veyors, and the same shall not be increased or diminished
unless the appropriation or expenditures tor roads and bridges
in such election precinct shall be increased or diminished
during the term of office of such surveyor.

6. The board shall, at least thirty daws prior to any such
uppointment, give such public notiee as they may deem rea-
sonable, of the amount of such salaries or compensation, cither
hy publication or posted notices. and such notice shall include
w brief statement of any special requirement as to any par-
ticular road or bride.

7 Kach road surveyor shall have power to employ any.
person as deputy road surveyor or agent that be may deem
necessary.

8. Where public roads form dividing lines between election
precincts, the board of supervisors shall divide such roads
hetween the surveyors of contiguous precincts as they may
deem best.

9. The board of supervisors of any county shall have power
to vacate the office of any road surveyor therein at any time
during his term of office, for neglect of duty or malfeasance
in offic e, and fill the vacancy thereby caused, in the manner
hereinbefore provided.

10. It shall be the duty of cach supervisor to keep himself
informed as to the condition of the public roads and bridges
in his magisterial district, and the manner in which they are
worked and kept in repair, and whether or not the road sur-
veyors of their several precincts have fully performed their
duty, and for that purpose each supervisor shall inspect all
the said roads and bridges in his district at least once in every
six months, and he shall make a report in writing thereon to
the board of supervisors of his county on the first Monday in
February and the first Monday in August in each year, and
file the same in the clerk’s office of the county court of his
county.

11, For the inspection and report required by the prece-
ding section, and for the meetings hereinbefore required to be
held by the board, each supervisor, in addition to the amount
now allowed him by law, shall receive compensation at the
rate of two dollars per day for the time during which he is
actually so employed, but not to exceed, however, the sum of
thirty dollars any one year.

12. In case any supervisor of any district be unable, either
in whole or in part, to make such inspection and report, the
same shall be made by some other supervisor of the same
county, who shall receive the compensation, or a fair propor-
tion thereof, which would otherwise have been received by
the supervisor of such district.
13. Each road surveyor shall annually, at such time as the
board of supervisors of his county shall determine, report. to
them, on oath, the general condition of the public roads and
bridges in his precinct, the amount of money or labor, or
both, expended or performed on said roads and bridges, and
in the employment of deputies, agents, contractors, laborers,
or materials, and such other matters relative thereto as the
board of supervisors shall suggest and require.

14. Upon such report as is prescribed in the preceding see-
tion, being made by a road surveyor in such manneras may be
prescribed by the board of supervisors, and after the semi-
annual reports, required in sections ten and twelve, have been
made, as to the precinct of such surveyor, and upon the said
board of supervisors of his county being satisfied that such
surveyor has fully discharged his ‘duty as such, then, and not
before, they shall issue the proper warrant to him for the
amount ot his compensation or salary, which shall have been
determined by them. |

15. Every road surveyor shall be liable to be presented by
the grand jury of his county for any neglect of duty or mal-
feasance in ollie e, and upon conviction shall be fined in cach
case not less than five nor more than fifty dollars; and the
semi-annual reports of the supervisor of his district, hereinbe-
fore provided for, may be taken as evidence on which to find
any such presentment.

16. The board of supervisors of each county shall annually
levy and fix, along with the county levy, a tax upon the pro-
perty, real and personal, assessed for taxation in the several
magisterial districts of their county, which shall be applied to
the working, keeping in order, and repairing the public roads
and bridges in such districts, and the payment ot salaries and
compensation therefor, pursuant to the provisions of this act,
including the compensation hereinbefore provided for the
supervisors. Such tax shall be not less than five nor
more than fifteen cents upon every one hundred dollars: in
value of such property, and the same shall be collected, ac-
counted for, and paid out upon the warrant of the board inall
respects as if it were a county levy fixed by satd board, except
that the fund collected from each magisterial district shall
be kept separate by the county treasurer, and a different rate
of tax may be prescribed for different districts in the same
county. The amount collected in each district shall be ex-
pended in that district. :

17. All male persons in each county, shall be compelled.
under the supervision and direction of the road surveyor of
their respective precincts, or bis deputy or agent, to work
two days in every year upon some public road in their
respective precincts, not more than four miles from. their
place of residence, with the following exceptions, namely:
Ministers of the gospel regularly and ac tually in charge of
a congregation, persons under cighteen and over sIXty years
of age, persons who reside in a town that provides for its
own poor and keeps its streets in order, and any person who
has Jost an arm or a lee. and any other person otherwise
disabled who may for that cause be exempted by the certificate
of the county court, or a justice’s court of two justices.

18. [every person Jiable to road duty under the preceding
section, shall either in person, or by a sutlicient substitute,
when notified by the proper surveyor or his deputy or agent,
attend with proper tools, and work the road on such days as
the surveyor, his deputy or agent shall direct. For every
day on which there may be a failure, seventy-five cents shall
be paid to the surveyor within thirty days thereafter by the
person in detault. if of full age. or if be be an intant. by his
parent or guardian. If the money be not paid as above
specified, the surveyor shall make out a ticket against the
delinquent party for the amount of said fine. with an addition
of twenty-five per centum tor costs, Which ticket shall be
placed by him in the hands of the constable of his district or
the sheriff of his county tor collection: provided however,
that such delinquent may, after notice to such surveyor,
apply to the county court, or the Judge thereof in vacation,
or to the supervisor of his district, and for good cause shown
have said fine remitted: and provided further, that said
delinquent may, before such ticket goes into the hands of
the constable or sheriff, discharge said tine by labor upon the
roads of his precinct. as hereinbefore provided. The otticer
in charge of suid tickets may distrain theretor in the same
manner and upon the same property as for taxes and county
levies. He shall account to the surveyor for all tines. col-
lected by him, retaining the costs aforesaid, and shall return
to the board of supervisors, at their February term in each
year, a list of all fines so collected for each prec Inct, and a
list of delinquents trom whom he has been unable to collect
such fines, which delinquent list shall be passed upon by said
board, and for such amount thereof as may not be approved
by said board, the said collecting officer shall be Hable to said
road surveyor, and shall forthwith pay the same to him.

19. The labor and fines provided for in the two preceding
sections, shall be allowed to the road surveyors for working
and keeping i in order the roads and bridges in their respective
precincts, in addition to the salary or compensation herein-
before provided for the same, to be used and applied in all
respects subject to the directions, specifications, and restric-
tions prescribed by the board of supervisors.

20. The board of supervisors shall be authorized to pre-
pare a schedule, fixing the prices to be allowed for the use
of teams, plows, and other implements used on publie roads.
A copy of such schedule shall be delivered or sent to each
surveyor hy the clerk of the board. Upon application of
the surveyor, such tools as may be necessary to keep his
road in order may be furnished him by the board of super-
visors.

21. The surveyor of any precinct may take from any con-
venient lands, so much wood, stone, gravel or earth, as may
be necessary to be used in constr ucting or repairing any road,
or any bridge or causeway therein; and may, for the purpose
of draining the road, cause a ditch to be cut through any
lands adjoining the same: provided, such wood and other
articles be not taken from, and such ditch be not cut through
any lot in a town, yard or garden, without the consent of the
owner.

22. If the owner or tenant of any such lands shall think
himself injured thereby, a justice, upon application to him,
shall issue a warrant to three freecholders, requiring them to
view the said lands, and ascertain what is a just compensa-
tion to such owner or tenant, for the damage to him, by rea-
son of anything done under the preceding section. The said
frecholders, after being sworn, shall accordingly ascertain
such compensation, and report the same to the board of
supervisors; and an allowance shall be made therefor in the
next county levy.

23. Kvery such surveyor of roads subject to the control,
specifications, and directions of the board of supervisors as
hereinbetore provided, shall cause the roads in his precinct
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 therein ; and shall

‘ause to be placed and kept at the fork or crossing of every
road, a sign board ou which shall be stated in plain letters,
the most noted place to which each road leads; and across
every stream when it is necessary and practicable, a suffi-
cient bench, bridge, or log. for the accommodation of foot
passengers. When any more important bridge or causeway
is necessary, and it is practicable for him to have it made, he
shall, subject to the control, specifications, and directions
aforesaid, cause it to be made twelve feet broad at least, and
safe and convenient, and subject to such control, specitica-
tions and directions; he shall cause every bridge or cause-
way in his precinet to be kept in as good order as the means
in his power will permit.

24. When vreat and unforescen damages casually occur,
or a new road is ordered by the county court to be opened
by any road surveyor, he shall apply to such court for
authority to purchase material or implements, or to hire such
additional labor or teams as may be necessary to repair such
damages, or open such road, and such court shall ‘authorize
him to expend such amount as to it shall seem proper for
such purposes: provided, however, that no such expenditure
shall be authorized without the approval in writing, of the
supervisor of the district in which the expenditure is to be
made. Such surveyor shall return to said court, a particular
account, on oath, of all the expenses so incurred, and if the
same be approved by the supervisor aforesaid, and the court
be satisfied of the correctness of the account, it shall allow
the same, or so much thereof as may be justly due, to be paid
out of the county fund.

25. The clerk of each board of supervisors shall receive for
the duties to be performed by him under the provisions of
this act, compensation to be fixed and allowed to him by the
said board, not to exceed twenty-five dollars per annum in
any county with a population of less than fifteen thousand,
and not to exceed fifty dollars per annum in a county having
a larger population, the same to be paid out of the tax herein-
before required to be levied, and to be apportioned among the
mayisterial districts by the said board. And the additional
compensation provided for supervisors under section eleven,
shall be paid each supervisor out of the fund derived from his
own district.

26. Sections seventeen, eighteen, nineteen, twenty, twenty-
one, twenty-two, twenty-three, twenty-four, twenty-five,
twenty-six, twenty-seven and twenty-cight of an act entitled
an act to provide tor the working and keeping in order the
roads of the commonwealth, approved March twentieth, eigh-
teen hundred and seventy- tive, and all other acts and parts of
acts Inconsistent herewith. are hereby repealed: provided
however. that the present road surveyors of the common-

valth shall continue in office, with all the rights, powers and
duties vested in and imposed upon them by law prior to the
passage of this act, until the first day of July. eighteen hun-
dred and cighty-five. and the repeal of the aforesaid sections
twenty-one and twenty-two, shall not take effect until that
date.

27. Provided that this act shall not apply to the counties
of Stafford, Franklin, Southampton, Pittsylvania, Floyd, Ac-
comack, Gloucester, Middlesex, Essex, King & Queen, Car-
oline, Orange, Prince George, Surry, Dinwiddie, Greenesville,
Sussex, Brunswick, Nottoway, Lunenburg, York, Richmond,
Northumberland, Westmoreland, Lancaster, Isle of Wight,
Nansemond, Lee, Wise. Dickenson, Louisa, Spotsylvania,
Campbell, New Kent, Charles City, Roanoke, Montgomery,
Craig, Mathews, King William. Henry, Patric ‘Kk, Prince Ed-
ward, Princess Anne, Fluvanna, and King George, until the
same shall have been adopted by the board of supervisors of
those counties respectively ; and until such action is taken by
them, the road laws now in torce shall continue in force in
those counties.

28. When a special road law has heretofore been enacted,
or shall hereafter be enacted, and a special system provided
for working the public ro oads of any county in the state, this
act shall not apply to such county, unless the board of super-
visors of such county shall so order; and in case they do so
order, the same shall operate as a repeal of any such special
law and system. None of the provisions of this act shall
apply to the counties of Fairfax, Madison, Frederick, Ches-
tertield, Powhatan, Goochland, Hanover, Amherst, Loudoun,
Rockbridge, and Henrico, but the roads and bridges of the
said countics shall be worked, made and kept in repair under
the special road laws enacted for said counties: provided that
none of the provisions of this act shall apply to the county
of Northampton, but the law in force prior to the passage of
this act shall continue in force in said county; and such law
shall also continue in force as to any county when it consti-
tutes a part of any special road law or system heretofore
enacted for such county which is not repealed by the board
of supervisors under the provisions of this section.