Chap. 178.—An ACT to amend and re-enact sections 6, 8 and 13, of
chapter 196, Acts 1883’-4. entitled an act to provide for working the
roads, repairing bridges, and opening new roads, in the counties of
Frederick, Clarke, Warren and Augusta, approved February 26th,
1884.

Approved February 19, 1886.

1. Be it enacted by the general assembly of Virginia, That
sections six, eight and thirteen of chaptér one hundred and
ninety-six, Acts of eighteen hundred and eighty-three-’ four,
entitled an act to provide for working the roads, repairing
bridges, and opening new roads, in the counties of Frederick,
Clarke, Warren and Augusta, be amended and re-enacted, so
as to read as follows:

§ 6. For the purpose of providing a fund for working the
roads, repairing bridges, and for opening new roads, in the
county of Frederick, it shall be the duty of the board of super-
visors of said county, on the fourth Monday in July, eighteen
hundred and eighty-four, or as soon thereafter as practicable,
and on the fourth Monday in July, in each year thereafter, to
levy a tax upon all real and personal property in said county,
not exceeding twelve-and-a-half cents upon each one hundred
dollars of the assessed value thereof; and for the purpose of
providing a fund for working the roads, building and repairing

ridges, and for opening new roads in the county of Augusta,
it shall be the duty of the board of supervisors of said county,
on the first Monday in July, eighteen hundred and eighty-six,
or as soon thereafter as practicable, and on the first Monday in

July, in each year thereafter, to levy a tax upon all real and

personal property in said county, not exceeding twenty cents

upon each one hundred dollars of the assessed value thereof.
§ 8. The county treasurer shall collect the road tax of the
county, and pay the same out upon the order of the commis-
sioner of roads of the several road 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, wagons, plows and materials fur-
nished, or for services rendered in any way, when properly cer
tified by the commissioner of roads, and the same shall be re-
ceipted for by the commissioner as if paid to him in money:
provided, however, that in the county of Augusta, the treasu-
rer of said county shall, in all cases, pay out moneys on the
order of the commissioner who ordered the work done, or ma-.
terials furnished, or services rendered, whether said commis-
sioner’s successor Shall have qualified or not: and, provided fur-
ther, that in said county of Augusta, no commissioner shall
order any work to be done by contract or otherwise, or mate-
rials to be furnished, after the fifteenth day of May, of the year
in which his term expires, except by and with the consent of
the county court, or the judge thereof in vacation. Each com-
missioner of roads acting under the provisions of this act shall
settle with the board of commissioners of roads of his district
on the first Monday in June of each year, or as soon thereafter
as the said board shall meet, and account for all moneys re-
ceived by him from the treasurer or otherwise for road pur-
poses, 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. The taxes levied under this
act shall be subject to the same laws regulating the ‘collection
of all other taxes. —

§ 13. All male persons in the county of Frederick shall be
compelled to work on some public road therein, as near as
may be to the place of their residence, with the following ex-
ceptions: ministers of the gospel who have charge of a con-
gregation, persons under sixteen and over sixty years of age,
persons who reside in a town that provides for its poor and
keeps its streets in order, and any person who has lost a leg or
an arm; and in the county of Augusta, all public free school
trustees, and their successors during their term of office, as
such. Any other person who is otherwise disabled may be ex-
empted on a certificate of the county court of such disability:
provided, however, that they shall not be required to work
more than one day in one year. All persons so required to
work shall be notified by the overseer of the road precinct in
which he resides, of the time and place where he is to work,
as near his place of residence as can be; the said notice of the
overseer 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 by 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 per-
form 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 dili-
gent prosecution of the work, he shall be dismissed by the
overseer and proceeded against as if he had not attended ac-
cording to notice. Such person shall, by the overseer of the
road precinct, be fined or charged one dollar per day for every
day of such failure; if he fails to pay such fine or charge to the
overseer within thirty days thereafter, the overseer shall pro-
ceed to collect it upon the warrant of a justice of the peace, in
proceedings instituted in the name of the board of commis-
sioners 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 seizure or distraint to satisfy said claim:
provided, that in the county of Augusta no such proceeding

efore a justice of the peace shall be had, but the overseer
shall at tne expiration of said thirty days, if said fine or charge
be not then paid, make off an account or bill for the same
against said person, in the name of the board of commissioners
of roads, with ten per centum added to cover cost of collec-
tion, and place the same in the hands of-the sheriff or any con-
stable of said county of Augusta, and take a receipt therefor.
in the name of said board, which receipt shall be turned over
to it, and said sheriff or constable shall collect the same by
seizure or distraint, as taxes are collected, and no property
shall be exempt from levy. All moneys collected by the over-
seer under the foregoing proceedings, or otherwise, shall be
accounted for to the commissioner, who must account for the
same on settlement with the board of road commissioners.

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