Chap. 147.—An ACT .to provide for opening and working and repair-
ing the public roads in Grayson county.
Approved February 18, 1886.

1. Be it enacted by the general assembly of Virginia, That
when, in the opinion of the county court of Grayson, it is
necessary to examine any of the roads existing in the county,
or such routes for new roads as it may designate, it shall ap-
point one or more freeholders, not to exceed three, whose duty
it shall be to examine such roads or routes, and report upon
the expediency of altering the location or grade of any exist-
ing road, or of establishing any new road, or may direct them
to lay off any road at such grade and width as it may prescribe.

2. Every road shall be fifteen feet wide, and its grade not
over five degrees at any point unless the county court direct
otherwise. : |

3. When any person applies to the county court to have a
road established or altered, it may, and whenever without such
application it sees cause for so doing, appoint one or more
freeholders to view the ground and report to the court the
conveniences and. inconveniences that will result as well to in-
dividuals as to the public, if such road be as proposed, and es-
pecially whether any yard, garden, orchard, or any part thereof,
will in such case have to be taken.

4. The viewers, acting either under the preceeding or the
first section, shall particularly report the facts and circum-
stances in their opinion useful in enabling the court to deter-
mine the expediency of establishing or altering the road. The
viewers may examin other routes than that proposed for any
road, and report in favor of the one they prefer, with their
reasons for the preference. They shall report the names of the
land-owners on such route, and state which of them, if any,
require compensation, the probable amount in their opinion to
which such party may be entitled. A map or diagram of such
route shall be returned with said report.

5. Upon the report, unless the opinion of the court be against
establishing or altering the road, it shall award process to sum-
mon the owners of the lands on which it is to be established to
show cause against the same. The summons shall be executed
on such of them as are in the county, and on any agent, ten-
ant or attorney of any owner or proprietor not within the same.

6. Upon the return of the said process so executed, if the
court has enough before it to fix upon a just compensation to
the owners or their representatives, and they are willing to ac-
cept what is deemed just, it may determin the matter without
further proceedings.
7. But if the owner desire it, or the court see cause for so
doing, it shall appoint five disinterested freeholders of the
county, any three of which may act, to ascertain a just compen-
‘sation for the land to be used for such road. Said commis-
sioners shall meet on the lands of such owners as may be
named in the order of court at a certain place and on a certain
day therein specified, or may be agreed upon, notice being
given to owner or proprietor if not present at the time of
making the order therefor. The commissioners shall comply
in all respects with the provisions of sections nine and ten, of
chapter fifty-six, of the Code of eighteen hundred and seventy-
three, and forthwith make return of their report to the county
court, and unless good cause be shown against the report it
shall be confirmed. If good cause be shown against-the re-
port, or the commissioners disagree, or fail in reasonable time
to report, the court may, as often as it seems to it proper, ap-
point other commissioners, and the matter proceeded in as be-
fore described.

8. When the records show that the sum allowed by the
commissioners to any owner or proprietor is not more than the
court, before appointing said commissioner, had consented to
allow him, such owner or proprietor shall be adjudged to pay
the costs occasioned by such order.

9g. No road shall be established through a town-lot burial-
ground, or the lands of any seminary of learning, orchard,
yard or garden, without the consent of the owner or proprietor.

10. When a road is established or altered, the county shall
be chargeable with the compensation, if any, to the owner of
the lands, and costs, except as mentioned in the eighth section
of this act.

11. A statement in writing of the number of days each com-
missioner, viewer or surveyor, if any, appointed under the first
or third section, was employed in executing any such order,
shall be sworn to.and presented to the court; whereupon, the
court may allow to each a reasonable compensation, not ex-
ceeding one dollar per day of actual service, to be paid by the
county. -

12. When the court decides against the application of an in-
dividual to establish or alter a road, he shall pay the costs in
the case, except the compensation of commissioners, viewers
and surveyors, if any, and except such costs as may be paya-
ble by the owner or proprietor under the eighth section of this
act; and the court may enforce payment thereof. |

13. When any road is altered it shall be discontinued to the
extent of such alteration and no further: provided, that it shall
not interfere with an established post route until another be
substituted. |

14. The roads shall be divided into precincts; and, as often as
it pleases, the court may appoint an overseer or surveyor for
such precinct, who shall hold his office until another be ap-
pointed in his stead. The clerk of the court shall, upon such
appointment, issue a writ to the sheriff commanding him to
give notice thereof to the person so appointed, which writ the
sheriff shall execute and return to the court at the next term
thereof: provided, that whenever an overseer or surveyor is
appointed, shall remove from the precinct where appointed, his
office shall be vacated, and the court shall at its next term ap-
point his successor.

15. Any person, after being surveyor of a precinct of road
for two years, may give up his office if his road be in good or-
der, and he shall not, within two years thereafter, be appointed
surveyor without his consent. .

16. Every such overseer or surveyor shall superintend his
precinct of road, and shall cause the same to be cleared of rocks
and obstructions, and smoothed, of necessary width, well
drained, and otherwise in good order, and secure from the fall-
ing of dead timber therein. He shall cause to be placed and
kept at the fork or crossing of every road a sign-board, on
which shall be stated in plain letters the most noted place to
which each road leads, and across every stream where it is ne-
cessary and practicable a sufficient bridge, bench or log, for
the accommodation of foot passengers.

17. The county court shall, upon the motion of any over-
seer or surveyor in any magisterial district therein, or when-
ever in his opinion a necessity therefor exists, appoint three
discreet freeholders from such district, whose duty it shall be to
lay off, alter or re-arrange any precinct or precincts therein,
and to allot the hands to work on the same; said commissioners
shall report to court'as soon as may be their action in the pre-
mises. The said report shall be filed for exceptions, and at the
next term of the court any person may appear, and for good
cause shown, have the same altered or amended, otherwise it
shall stand confirmed. The said commissioners shall receive
each one dollar per day, of actual services, payable out of
the county levy.

18. All male persons shall be compelled to work some pub-
lic road in the county, as near as may be to the place of their
residence, with the following exceptions, viz.: Itinerant minis-
ters of the gospel, persons under sixteen years old and above
sixty years of age, and any person who has lost a leg or arm.
Any other person who is otherwise disabled may be exempted,
on certificate of the county court of such disability and ex-
emption.

19. Every. person required to work on the public road shall,
either in person or by a sufficient substitute, when notified by
the overseer, attend with proper tools, work the road on such
days as the overseer may direct. For every day on which
there may be a failure, seventy-five cents shall be paid to the
surveyor or overseer, within thirty days thereafter, by the per-
son in default, if he be of full age, or if an infant, by his parent
or guardian. If the money be not paid in thirty days, as afore-.
said, to the surveyor, he shall make out a ticket against such
delinquent party for the amount of said fine, and ten per centum
for costs, which ticket shall be put into the hands of any con-
stable or sheriff of the county for collection: provided, however,
that such delinquent may, after notice to such surveyor, apply
to the county judge, in term time or vacation, or to the board
of supervisors, and for good causes shown, may have said. fine
remitted: provided further, that such delinquent may, before
said ticket goes into the hands of a constable or sheriff, dis-
charge said fine by labor on his road precinct: provided further,
that the overseer shall not be liable for any costs in the failure
to collect or remittance of road fines, said fines to be collected
as taxes and other fines, and turned over to the said overseers
to be expended on his precinct of road in hire of other hands
at seventy-five cents per day.

20. If any overseer of any precinct of road is unable, with
the means and labor at his disposal, to keep in good order his
precinct of road, he may apply to the board of supervisors,
who may authorize him to hire as many hands as they may
agree upon to put his precinct in good order, or to repair any
great damages casually occurring. The supervisors may also
authorize the surveyor to purchase such material, tools or im-
plements as may in their judgment be necessary to facilitate
and economize the work in his precinct. The surveyor shall
return to the county court a particular and itemized account,
on oath, of the expenses so incurred, and for the hire of teams,
plows, ‘&e., so authorized by the board of supervisors, and
also the expenses of placing and keeping sign-boards as herein
before mentioned, and if approved by the court they shall allow
the same, or so much thereof as may be justly due, to be paid
out of the county funds.

21. The board of supervisors shall prepare a schedule, which
shall show the prices allowed for teams, plows, and other im-
plements used on roads; a copy of which schedule shall be de-
livered to each overseer or surveyor by the clerk.

22. The surveyor of any precinct of road may take from any
convenient lands so much wood, stone, gravel or earth, as may.
be necessary, to be used in repairing such road, and may, for
the purpose of draining the road, cause a ditch or water brake
to be cut through any lands adjoining the same, provided such
‘ditch be not cut through or into any yard or garden, or ceme-
tery, without the owner’s consent.

23. Every road surveyor, in addition to what is required of
him in the twentieth section, shall report to the county court,
at the March term of each year, an exact account, verified on
oath, of all moneys received by him by virtue of his office
during the past year, the amount expended by him, and the
manner in which the same has been expended, together with
the amount, if any, remaining in his hands not expended. -He
shall apply any such balances to the use of his road precinct
in such manner as the court may direct, or turn it over to his
successor in office, who shall account therefor in the next an-
nual report. It shall be the duty of the said surveyor to re-
port the number of days’ labor performed by him and his hands
on. his road precinct during the past year, what alteration or
repairs he may think should be made during the ensuing year,
with the probable costs of the same, and such other matters as
may be required | of him by the court. It shall be the duty of
the clerk of said court to labei and file said report, after it has
been examined by the county judge and approved, in his office.

24. The road year shall be construed to begin on the first
day of April of each year, and every overseer of a road pre-
cinct shall be entitled to pay, at the discretion of the county
court, to be by it certified to the board of supervisors, and by
them approved, and paid out of the county levy, not to exceed
one dollar per day for the time actually employed in notifying
his hands to work o» the road, which time shall be stated in
writing and sworn to. Any. overseer of a road who shall fail
to perform any duty required by this act of him, shall pay a
fine of not less than five nor more than ten dollars.

25. It shall be lawful for the board of supervisors, upon the
petition of fifty freeholders from any magisterial district or dis-
tricts affected thereby, to adopt a mixed system of contract and
labor for working the roads, and such system may be applied
to the whole county, or any magisterial district thereof: pro-
vided, that no person shall, under this section, be required to
work more than four days in one year on any precinct of road;
nor a specific tax of over fifty cents on each wagon, carriage,
jersey or other vehicle, in running condition, as shown by the
commissioner’s books, be levied in any one year, as the boards
of supervisors may deem just and equitable, and they shall
determine the schedule for the different kinds of vehicles, and
the tax on each kind or class; nor a tax of more than five
cents on the one hundred dollars worth of real and personal
property be levied for road purposes in any one year, as the
said board of supervisors may deem expedient under such sys-
tem: and provided further, that upon the petition of fifty free-
holders of the county, the county court shall have power to
set aside and annul the action of the board of supervisors, after
causing thirty days’ notice of such petition to be given to the
clerk of the said board; taxes under this section shall be levied
and collected as other county levies, and expended in the dis-
trict where levied and collected.

26. The court shall have power to assign or allot compa-
nies of hands, under the supervision of a general overseer or
surveyor, to open any new road or alteration herein provided
for, or to repair any precinct of road already opened, when in
his opinion it is necessary so to do, under. which order the
hands shall, in all respects, be subject to the provisions of this
act: provided, that no citizen shall be required to work more
than two days in any one year on any new road, or repair of
old road, as provided for under this section; said general over-
seer to be appointed by the court, and subject to the general
laws, as such, of this commonwealth.

27. It shall be lawful-for, and it shall be the duty of, any
citizen of the county, whenever any precinct of road shall be
found to be out of order, to notify the overseer or surveyor of
such precinct of the fact that his road 1s out of order, where-
upon it shall be the duty of such surveyor at once to summon
in his hands, and work and repair said point of road; and if he
shall fail to work and repair his road for a period of twenty

Google
days, it shall be Jawful for any citizen to make complaint against
such overseer before any justice of the peace of the county;
and if it appear that his road has been out of order for the
period of twenty days, and that he has so failed to work and
repair the same, the justice of the peace shall impose upon him
a fine of not less than two nor more than five dollars for each
offence of so failing to work said road, and all the costs—one-
half the fine to go the informant, and the other to the county
school fund: provided, that if the complaint be not sustained,
the complainant shall be adjudged to pay all the costs incurred
by such complaint. This section shall not be construed to
interfere with the jurisdiction of the court and grand jury over
the public roads of the county, but only to assist them in carry-
ing out the provisions of this act.

28. All acts and parts of acts inconsistent with this act are
hereby repealed.

29. This act shall be in force from and after the first day of
June, eighteen hundred and eighty-six.