Chap. 262.—An ACT to provide for working and keeping in repair
the public roads of Botetourt.

Approved February 26, 1886.

Be it enacted by the general assembly of Virginia, That
in the county of Botetourt the public roads and bridges shall
be established, changed, repaired and kept in order, as follows:
The county court of Botetourt shall appoint a board of six
commissioners of roads, two for each magisterial district, who
shall hold office for the term of two years, and the first term
shall commence July first, eighteen hundred and eighty-six,
but the first appointees under this act shall enter upon the du-
ties of their office immediately upon receiving the same. The
said board shall be, and is hereby declared a body politic and
corporate, under the name and style of the board of road com-
missioners for the county of Botetourt, and by such name may
sue and be sued. The said board shall have control of all
public roads and bridges within the county, the disbursing of
taxes, and the directing of all labor imposed for repairing the
roads and bridges, and keeping the same in order.

2. Each of said commissioners shall qualify before the county
court of Botetourt, or the judge thereof in vacation, by giving
bond, with approved security, in the penalty of five hundred
dollars, conditioned for the faithful performance of their duties,
and by taking the oath of office; which shall be recorded by
the clerk of said court as the qualification and bonds of other
county officers are recorded.

3. The board shall, immediately upon their qualification, or-
ganize, by the election of one of their number as chairman,
‘and another as secretary.

4. Immediately upon their organization under this act, the
said board shall divide each magisterial district of the county
into two sub-districts, and assign one of their number to each
sub-district. They shall carefully examine all the public roads
in the county, but in making said examination it shall be ne-
cessary that more than two of them shall go together: pro-
vided that the commissioner of each sub-district shall examine
the roads in his own sub-district, with one other of the com-
missioners from another district. They shall take a note of all
the public roads in the county, their character and condition.
Upon such examination, the board shall (at least five being
present, ) proceed to divide all the roads of the county into
three classes.

The first class shall consist of such roads as are generally
and frequently used by the public, and highways used in com-
‘mon by several or more neighborhoods, and these shall be
called highways.

The second class shall include all roads for neighborhood
purposes and roads leading into the public highways, and these
shall be called county roads.

The third class shall be such as are used by a few individu-
als, and have been opened for the use and benefit of. said indi-
viduals, or for their farms.

The first class, or highways, shall be repaired and kept in
order by contract, or by means of convict labor or hired labor,
as hereinafter provided.

The second class, or county roads, shall be repaired and
kept in order by the labor hereinafter provided, and such ap-
propriations as may be made to them by the said board.

The third class, or private roads, shall be kept up by the
parties benefited by said roads, as they may see fit.

5. The road precincts shall remain as now laid out and de-
scribed by metes and bounds, until changed by the board. The
said board shall have the power, and it shall be their duty, to
male such changes therein as may be proper. The overseers
in charge of the precincts when this act goes into effect shall
continue in discharge of their duties until the overseers shall be
appointed by the board under this act. Each precinct, dis-
tinctly defined, with a brief description of the character of the
same, shall be entered in a bound book, one for each sub-dis-
trict, which book shall be kept by the road commissioner of
such sub-district, open to the inspection of any citizen of the
county.

6. The board shall provide for putting and keeping in good
repair the highways of the county; and to this end shall, be-
tween the fifteenth and twentieth day of May, eighteen hundred
and eighty-six, or as soon thereafter as practicable, and every
year thereafter, let to contract said highways, in such sections
as they may prescribe, at’ public letting, to the lowest bidder,
for the term of not less than one nor more than two years. The
said letting to be made by the two road commissioners of each
magisterial district as to the highways in said district; and the
said commissioners shall report the same to the board, which
shall have power to reject any and all bids.

7. Of the time and place of letting, the commissioners shall
give ten days’ notice, by printed handbills, posted in at least
three public places in each magisterial district.

8. The specifications of work to be done upon each section,
and the condition in which the same is to be kept, shall be such
as, in the judgment of those commissioners who have examined
the same, the said highway will require, and shall be written
out and made known at the time of the letting. Among such
specifications it shall be provided, that where practicable, the
bed of the road shall be raised in the middle, and slope gradu-
ally each way to the side, where ditches sufficient to carry off
the water shall be made and kept open, and that the road-bed
shall not be less than sixteen feet in width, and the road not
less than thirty feet.

9. The board of road commissioners shall meet between the
twentieth and twenty-fifth days of May succeeding any public
letting, and examine the bids made for each section, and if no
reason appear to the contrary said board shall confirm said
letting, and the commissioner of each sub-district shall enter
into a written contract with the person to whom the road or
section is let, which contract shall be in accordance with the-
terms of letting and ina penalty of not less than fifty dollars
nor more than double the contract price, and with security, to
be approved by the board.

__1o. If any section remain unlet by reason of there being no
bid, or the amount offered be deemed excessive, or for any
other reason, the commissioner may let the same privately and
report to the board, as provided in the preceding clause ; and
in case there be no letting, the commissioner shall take charge
of the said road or section, and put and keep it in repair, and
to this end may employ hands, teams, and so forth, paying for
the same the customary price. He shall keep an accurate
account of such work and expenses, and make oath to the
same and report it to the board, and if it is correct the board
shall allow the same.

11. If the board shall so elect, they may take charge of any
portion of the highway, as classified by them, and repair, im-
prove and work the same with the chain-gang of the county,
where one is established under section twenty-four, chapter
eleven, criminal code, Acts of assembly, eighteen hundred and
seventy-seven and seventy-eight, and in addition thereto they
are authorized and empowered to employ and use for said
purpose, convicts from the penitentiary, in lots of not less than
twenty-five, nor more than fifty, whenever the same can be ob-
tained, under the general laws of the state regulating the same;
or the board may, in its discretion, appoint an overseer of such
portion of a highway as they may select, and have said portion
worked by hiring hands and teams, and pay the same as other
payments are made under the twenty-sixth section of this act.

12. Annually there shall be appointed by said board, not
later than the twenty-fifth day of May in each year, one over-
secr for each precinct of class two, or county roads, whose term
of office shall be for one year, beginning on the first day of July
succeeding his appointment. He shall reside in the precinct
for which he shall be appointed.

13. The duty of the overseer of roads shall be to see that the
roads in his precinct are kept in good repair; that the bridges
and crossings for foot passengers are in safe condition; that the
roads are of necessary width, well drained, and free from ob-
structions; that all dead trees near the road are cut down, and
all loose stones removed from the roads; that neat sign-boards
are kept at all forks and crossings of public roads, plainly indi-
cating the most noted place to which each road leads, and the
distance thereto. He shall perform such other duties as may
be required by law.

14. All male persons in said county, except such as are ex-
empt by the general road law, shall be compelled to work two
days in each year on some county rvad, and shall be appointed
by the board to some county road, as near as may be to the
place of their residence; and not less than ten hours’ actual
work shall be considered a days’ work: provided, that residents
in an incorporated town in the county which keeps its own
streets in order shall be exempt from working on roads. The
two days here required shall not include any time such person
may be required to work in changing or opening a road under
the general law.

15. Every person required to work shall, either in. person or.
by a sufficient substitute, attend, when required by the overseer
of roads to whom he has been assigned, with proper tools, and
work the roads as required in the preceding section. Every
person failing to so attend shall, if an adult, be liable to a fine
of one dollar for each day or part of a day he fails to work (or
if he be a minor, his parent or guardian shall be so liable),
which shall be paid to the overseer within thirty days thereafter.
Each overseer shall, within forty days after he has worked the
roads in his precinct, make a report in writing to the road com-
missioner of his sub-district, showing what work was done on
his roads; what persons attended and werked, and how long
each worked; what: persons failed to obey his summons and
work as required; and if any such have paid fines to him, the
amount he has received, and make oath to the same. And he
shall pay to the said commissioner the amount so received.
The commissioner of roads shall make out a ticket for the
amount of said fine, and ten per centum thereon for costs,
against each delinquent party so returned to him, and place the
same in the hands of a constable of his district, or the sheriff
of the county, taking receipts therefor; and the said officer shall
proceed to collect the same as other fines are collected: pro-
vided, however, that said delinquents may, After notice to said
commissioner, apply to the county court, or the judge thereof
in vacation, and for good cause shown have said fine remitted:
and provided further, that such delinquent may, before said
ticket goes into the hands of the constable or sheriff, discharge
said fine by labor upon his road precinct. All the said officers
shall annually, in March, account to the treasurer of the county
for all fines collected by them, and shall also return a list of
them to the clerk of the county court, and also the tickets un-
collected, with his return thereon. The fines so collected shall
be credited, by the treasurer, to the road fund.

16. The commissioner of roads shall have general supervision
of all roads and bridges in his sub-district. The overseers of
roads, in his sub-district, shall be under his authority, and sub-
ject to his orders, and the commissioner shall have authority
to direct what work shall be done by the overseers, how the
county roads shall be repaired, and on what part of the precinct
labor shall be bestowed: but in the absence of such directions
the overseers shall control the same. It shall be the duty of
the commissioner to see that all the roads in his district are of
the proper width; and in all cases where they are not, to notify
the person trespassing by written notice; and if the obstruc-
tions are not removed within thirty days, he shall direct the
contractor on the highway, or the overseer of the precinct, to
remove the fencing or other obstruction, and may recover the
expenses, with costs, from the trespasser, upon a judgment of
a justice of the peace. The commissioner shall examine all the
roads (both highways and county roads) in his sub-district at
least twice in each year, in the months of May and November;
and also, whenever so requested by not less than three tax-
payers of a precinct, he shall view any road’ complained of, and
see that the roads and bridges are kept in good repair by the
contractors and overseers ; and if at such times, or at any other
time, 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 for ten days thereafter, shall make
the necessary repairs of the highways and enforce payment
thereof by proceedings before a justice of the peace, without
limit as to the amount, which recovery shall embrace costs of
recovery, including two dollars a day for said commissioner
while attending to said repairs, with the right of appeal to the
county court if the sum recovered exceed twenty dollars. In
case of an overseer so delinquent, it shall be the duty of the
commissioner to report the same to the attorney for the com-
monwealth, who shall cause the commissioner, and such other
witnesses as may be known to him, to appear before the grand
jury to testify in said matter.’ Any overseer of a road who
shall fail to perform any duty required of him in this act shall
pay a fine of not less than five nor more than thirty dollars,
which fine shall be paid by the officer collecting the same to
the county treasurer, to be credited to the road fund,

17. But if, upon the semi-annual examinations, the commis-
sioner 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 receive under his contract for his services.

18. Whenever, in the opinion of the commissioner of roads
of a sub-district it is necessary, or whenever a citizen desires to
alter, change or discontinue a public road, to open a new road,
build a bridge or establish a ferry, such person shall apply to
the county court for the same; and the county court shall ap-
point four of the commissioners of roads (the commissioner of the
sub-district in which the change is proposed to be made being
one), any three of whom may act (the said commissioner of
the sub-district being one), to view the ground of any new
road, bridge, landing or ferry, or any proposed change. The
county surveyor, or other competent surveyor, shall accompany
the viewers, and if necessary survey and map the road.

19. Notice of the time and place of the meeting of the view-
ers shall be given by the commissioner of the sub-district, b
written or printed notices, in the vicinity of the proposed road,
at least five days before the time of meeting. The viewers
shall, on the day named, go upon the ground and examine the
same. They may view and make report of and estimates for
any modification of the work. . If they decide there is necessity
for the road, or change, they shall lay out the same, having re-
spect for the shoftest distance and best ground, and so as to do
the least injury to private property; and also, as far as practi-
cable, to be agreeable to the petitioners. They shall assess the
damages done to the land through which the road passes, tak-
ing into consideration the advantage to be derived from the
road passing through the lafid; and shall report in writing to
the next term of the court the probable amount of damage,
cost of construction, and such facts as will enable the court to
determine the propriety of opening said road. Although it may
appear that no more than a few, or even one person, will be ben-
efitted by the opening of any road, yet the court may, in its
discretion, cause said road to be opened, requiring such bene-
ficiary, and the county, respectively, to pay such part of the
damages, expense of construction, costs and repair, from time
to time, as to the court may seem right. That, upon the re-
turn of the report of the viewers, the owner, his guardian or
committee, if within the county, if not the occupier of the land
upon which the said road will be, if established, shall be sum-
moned to show cause against said report; and any proprietor
or tenant of lands on which said road will be, if established, or
the commissioner of roads, may enter himself a party defend-
ant to said petition, after which the same proceedings shall be
had as under the general road law of the state. The court
may, at its discretion, grant a second or third view by the other
commissioners of roads.

20. That the court shall examine the amount of damages
assessed, and the probable expense of opening the road, and
if satisfied that the public interest will be subserved by opening
the road or the proposed change, shall approve the report, and
order the damages to be paid as determined under the preced-
ing section, and shall cause the clerk to deliver a copy of the
order establishing, changing or altering the road to the com-
missioners of roads in whose district or districts the road may
be. The commissioner shall embrace the amount of damages,
costs, and expense of opening or changing the road and keep-
ing it in repair, in his estimates of necessary road tax, to be
laid before the board of road commissioners.

21. That if the court decides against the application to alter,
change, or open a road, it may require the costs to be paid by
the petitioners, or by the county, as to the court shall seem
just.

22. The viewers shall be paid two dollars per diem for their
services, and the surveyor two dollars and fifty cents per diem.

23. The commissioner receiving the said order of the county
court shall lay the same before the board of commissioners,
and shall direct to what class any new road shall be assigned ;
and in case of a highway, they shall let the same to contract,
as provided in sixth section. In case of a county road, if in
their opinion the road or the proposed change can be made by
the overseer of the precinct with the tools and labor at his com-
mand, they shall direct the same to be done. If not, then they
may let the same to contract, or direct the commissioner of the
sub-district to hire teams and labor, and make the same.

24. The commissioner may order any change in a road in
his sub-district, which may be agreed to by the board, which
does not involve the condemnation of land or payment of dam-
ages, as where the land-owner consents.
25. The board shall furnish al] necessary tools, implements,
and other things necessary to work the roads under this law,
and may for their purposes purchase and hold wagons, carts,
horses, mules or oxen, or any machinery used for making or
working roads. The commissioner shall collect together all
the tools, and so forth, belonging to the county, now in the
hands of overseers of roads in his sub-district, and shall issue
them to the overseers appointed under this act, to be used by
them for working the roads, taking their receipts therefor; and
after each working, on the demand of the commissioner, the
overseer shall return said tools, and so forth, to the said com-
missioner, and the overseer shall be responsible for the same
while in his possession.

26. On the first days of June and December of each year,
or as soon thereafter as practicable, the board shall meet at the
courthouse, and audit all claims against the road fund of the
county, including the accounts of the commissioners and over-
seers, which accounts shall be verified by afhdavit; and the
said board shall draw their warrants, signed by the chairman,
and countersigned by the secretary, upon the treasurer of the
county, who shall pay the same out of the treasury. The
treasurer of the county shall furnish the said board, at their
said meetings, a statement of the amount on hand to the credit
of the road fund; and no money shall be paid out of said road
fund except upon the warrant of the board of road commis-
sioners, and the said board shall not draw warrants for a
greater amount than is in the treasurer's hands when the
warrants are drawn. And at their June meetings the board
shall determine what amount, in their judgment, will be neces-
sary to open new roads, work and keep in repair the highways
and county roads for the ensuing year: provided that when
the costs of altering or changing a road or opening a new road
be, in their judgment, too burdensome to be paid in one year,
they may, in their discretion, provide for the same in not-ex-
ceeding three: annual instalments. They shall certify the
amount so ascertained to the board of supervisors at their an-
nual meeting in July, and the board of supervisors shall levy a
road-tax to meet the same, not exceeding fifteen cents on the
one hundred dollars worth of the real and personal property of
the county, including railroads, to be collected as other county
levies; also a tax on the licenses, as adjusted for state taxes,
not exceeding twenty per centum of the state tax on said
licenses; and the said board shall keep an accurate account
of all its proceedings in a well bound book prepared for that
purpose.

; 27. It shall be the duty of the attorney for the common-

‘wealth to represent the road commissioners in all matters affect-
ing the public roads in the courts of record of the county, and
also to proceed against said commissioners on their official
bonds, or’ otherwise, for any dereliction of official duty.

28. The county treasurer shall annually, at the July meeting
of the board of supervisors, settle and adjust before said board
his accounts with the road fund. The said board shall charge

Google
him with the full amount of the road tax levied in the county,
and all sums collected from, delinquent contractors and from
fines, and from all other sources, and shall credit him by his
commissions, delinquents, and all payments made by him, for
which he has the proper vouchers.

29. The commissioner shall receive as compensation two
dollars per diem of ten hours for the time actually employed
in the discharge of his duties: provided that in no case shall
he receive over one hundred dollars in any one year; and the
overseers shall receive one dollar per diem of ten hours ex-:
clusive of the days required of him by law.

30. The general road law of the state, except so far as
the same is in conflict with this act, shall be in force in Botetourt
county. .

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