Chap. 363.—An ACT for opening and keeping in repair roads and
bridges in the county of Amelia.

Approved March 1, 1886.

1. Be it enacted by the general assembly of Virginia, That
there shall be appointed by the county court, on the recom-
mendation of the board of supervisors, surveyors or overseers
of the different roads in the county of Amelia, as at present ap
portioned, or as the same may be altered from time to time
the board of supervisors. Such surveyors or overseers Shall
be first appointed, under this act, in the year eighteen hundred
and eighty-six, prior to the first day of May; shall be com-
pelled to serve for the period of two years from the date of
their appointment, and may give up his office at the end thereof
if his road be in good order, and shall not within two years
thereafter be appointed surveyor or overseer, without his con-
sent. Vacancies occurring by death, disability or other cause,
shall be filled by the county court at any term on the recom-
mendation of the board of supervisors.

2. The board of supervisors of said 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 re-

airing the roads and bridges in the several magisterial districts
in the said county, including any special plans, specifications,
restrictions or directions which they may prescribe for particu-
lar roads and bridges.
3. The board of supervisors of said county shall, on the first
Saturday in every April, hold a meeting for the discharge 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 the performance of their du-
ties under this act.

4. The compensation of overseers or surveyors of roads shall
be one dollar per day for every day spent in summoning hands
to work on roads, and for every day over two days he is em-
ployed on said road he shall receive seventy-five cents. Each
road surveyor shall have power to employ any person as deputy
road surveyor or agent that he may deem necessary.

5. The board of supervisors shall have power to vacate the
office of road surveyor at any time during his term of office
for neglect of duty or malfeasance in office, and the vacancy
shall be filled in the manner prescribed in the first section.

6. It shall be the duty of each 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 surveyors
of the various roads or sections of roads 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 shall make a report in writing thereon
to the board of supervisors of said county on the first Saturday
in June and December of each year, which said reports the
board shall copy in the book of the board of supervisors.

7. For the inspection and report required by the preceding
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 dol-
lars in any one year.

8. 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 said county,
who shall receive the compensation or a fair proportion thereof
which would otherwise have been received by the supervisor
of said district. .

g. All male persons in each district shall be compelled, un-
der the supervision and direction of the road surveyor or over-
seer of their respective districts, to work two days in every
year on some public road in their respective districts, with the
following exceptions, namely: ministers of the gospel actually
and regularly in charge of a congregation, persons under eigh-
teen and above sixty years of age, persons who reside in a
town that provides for its own poor and keeps its streets in or-
der, and any person who has lost an arm or a leg, and any
other persons otherwise disabled, who may for that cause be
exempt by the certificate of the county court.

10. Every person liable to duty, under the preceding section,
shall either in person or bya sufficient substitute, when notified
so to do, attend with proper tools, and work the road on such
days as said surveyor or his deputy shall direct, and for every
day on which there shall be a failure a fine of seventy-five cents
shall be paid to the county treasurer within thirty days thereaf-
ter by the person in default, if of full age, and if he be an in-
fant, by his parent or guardian. If the money be paid as above
specified, the treasurer shall issue a receipt therefor, which re-
ceipt shall be filed with the clerk of the board of supervisors,
and it shall be the duty of said clerk, from the report of the
surveyor, as hereinafter provided, to erase said fine.

11. Each surveyor of the roads shall, annually, on the first
Saturday in June, report to the board of supervisors, on oath,
the general condition of his road and bridges thereupon, the
amount of money and labor expended and performed on said
road and bridges, or in the employment of deputies or con-
tractors, or in materials or such other matter relating thereto
as the board of supervisors shall suggest and require. In said
report the said surveyor shall also state the names of the per-
sons he has summoned, the names of the persons who have
worked on the road, and the names of the persons who failed to
work on the road. Upon an inspection whereof the board of
supervisors shall cause its clerk to make out an account against
such persons as have failed to work as required by law, and
failed to pay their fine therefor, and file their receipt with the
clerk of the board of supervisors, and whose fine shall not have
been remitted under this act, and said clerk shall put said
claims in the hands of any constable of the several magisterial
districts, or the sheriff of said county, and take a receipt for
the same, and give a copy of said receipt to the county treas-
urer; and it shall be the duty of the said constable or sheriff to
collect such claims or fines, with twenty-five cents additional,
as if it were a capias pro fine issued for a fine due the common-
wealth: provided, however, that such delinquent may, after
notice to such surveyor, apply to the county court, or the judge
thereof in vacation, or the supervisor of his district, to have
said fine remitted. Such court, judge or supervisor, for good
cause, may remit said fine, and shall give the delinquent a cer-
tificate of the fact, which certificate shall be a receipt in full for
said fine, and exempt from arrest therefor. |

12. It shall be the duty of any such constable or sheriff to
settle with the county treasurer for all such claims placed in his
hands within sixty days after he received the same, and take
his receipt, and file a copy thereof with the clerk of the board
of supervisors; such constable or sheriff, at the time of said
settlement, shall make a complete report of all moneys col-
lected, and of such fines as he has failed to collect, with the
reasons for such failure, which report the treasurer shall file
with the clerk of the board of supervisors within ten days after
it is received; and it shall be the duty of the clerk of the board
of supervisors to report to the commonwealth’s attorney any
failure of such constable or sheriff to discharge the duties herein
required of him, who shall examine the report of such sheriff
or constable, and proceed against him any neglect of duty by
a summons issued from the clerk’s office of the county requir-
ing him to show cause why he should not be fined for such
neglect, such summons to be returned to the next term of the
county court, and if convicted, the officer shall be fined one
dollar for each offence and the costs of the prosecution.

13. Upon the report as prescribed by the eleventh section of
this act and the semi-annual report of the supervisor, provided
for in the sixth section, if the board of supervisors shall be sat-
isfied that such surveyor has discharged his duty as such, then
and not until then they shall issue the proper warrant to him
for his compensation.

14. Every road surveyor shall be liable to be presented by
the grand jury of said county for any neglect of duty or malfea-
sance in office and upon conviction shall be fined in each case
not less than five nor more than thirty dollars, and the semi-
annual report of the supervisor of his district may be taken as
evidence on which to find any such presentment.

15. The board of supervisors shall annually levy and fix
along with the county levy a tax upon the property, real and
personal, assessed for taxation in the several magisterial districts,
which shall be applied to the working and keeping in order and
repairing the public roads and bridges in such district, and
compensation allowed under this act. Such tax shall not be
less than five nor more than ten cents upon every hundred dol-
lars in value of such property, and the same shall be collected,
accounted for and paid out in all respects as if it were a county
levy fixed by said board, except that the fund collected in each
magisterial district shall be kept separate by the county treas-
urer, and a different rate of tax may be prescribed for different
magisterial districts in the county, the amount collected in each
district shall be expended in that district.

16. All persons liable to work: on the road shall be notified
by the surveyor of the time and place of such working. Such
notice may be served upon him personally, and if such person
be not found at his usual place of abode, such notice, in wri-

ting, to be left with some person living there over the age of
sixteen years, after explaining its purport; and should no such
person be found at such abode, said notice shall be posted on
the front door thereof. Such notice shall be served not less
than one day before the time set for such work to be done.

17. The board of supervisors shali be authorized to prepare
a schedule fixing the prices to be allowed for the use of teams,
plows, and other implements used in public roads: provided,
no pay be allowed for any tool worth less than one dollar. A
copy of such schedule shall be furnished to each surveyor or
overseer in said county by the clerk of the board of supervi-
sors. Upon application of any surveyor, such tools as may be
necessary to keep his road in order may be furnished him by
the board of supervisors: provided, that the sum of money so
expended, together with all other expenses and disbursements
under this act, shall in no year exceed the amount raised by
the road tax under this act.
*18. The surveyor of any road may take from any convenient
land so much wood, stone, gravel or earth, as may be neces-
sary, to be used in consfructing or repairing any road, bridge
or causeway thereon, and may, for the purpose of draining the
roads, cause a ditch to be cut through any land adjoining the
same: provided, that such wood or other articles be not taken
from, and such ditch be not cut through, any lot ina town, yard
or garden, without the consent of the owner.

19. If the owner or tenant of any such lands shall think him-
self injured thereby, any justice, upon application to him, shall
issue a warrant to three freeholders, requiring them to view the
lands and ascertain what is a just compensation to him for the
damages by reason of anything done under the preceding sec-
tion. The said freeholders, after being sworn, shall accordingly
ascertain such compensation, and report the same to the board
of supervisors for said county, whose duty it shall be to allow
for the same in the next succeeding road levy.

20. Every surveyor of roads subject to the control, specifica-
tions and directions of the board of supervisors, as hereinbefore
provided, shall cause his road to be kept cleared, smoothed of
rocks and obstructions, of necessary width, well-drained, and
otherwise in good order and secure from the fallowing of dead
timber thrown; and shall causé 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, when it is necessary and practi-
cable, a sufficient bridge, bench or log for 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 and specifications aforesaid, cause it to be made
twelve feet broad at least, and safe and convenient, and shall
cause every such bridge or causeway on his road to be kept in
as good order as the means in his power will permit: provided,
however, that as to bridges costing more. than ‘twenty dollars,
the same shall be built by order of the county court, and paid
for out of the county levy.

21. When great and unforeseen damages casually occur, or a
new road is ordered by the county court to be opened by any
surveyor of road, or other person ordered by the court, such
surveyor or person 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: pro-
vided, however, that no such expenditure shall be authorized
without the approval, in writing, of the board of supervisors:
and provided further, that with the approval of the board of
supervisors, the said work may by the court be let to contract,
should this be deemed best. Such surveyor, or other person,
shall return to the court a particular account on oath of all the
expenses so incurred, and if the same be approved by the board
of supervisors, and the court be satisfied of its correctness, it
shall allow the same, or so much thereof as may be just, to be
paid out of the county levy.

22. The clerk of the board of supervisors shall receive, for
the duties to be performed by him under this act, the sum of
twenty-five dollars, which shall be apportioned by the board of
supervisors to the several magisterial districts, and paid out of
the tax hereinbefore required to be levied. And the additional
compensation provided for the supervisors under the seventh
section shall be paid each Supervisor out of the fund derived
from his own district.

23. The board of supervisors shall have power to allow any
constable or sheriff, for services rendered under this act, such
compensation as they may deem just, not exceeding twenty-five
dollars in any one year, beside the twenty-five cents added to
each fine, which shall in all cases go to such officers.

24. When, in the opinion of the court of said county, it is
necessary to examine any of the roads existing in the county,
or such routes for new roads therein as it-may designate, it shall
appoint one or more.commissioners, not exceeding three, who
shall be freeholders of said county, whose duty it shall be to
examine such roads or routes, and report upon the expediency
of altering the location or grade of any existing road, or of es-
tablishing any new road, or building or repairing any bridge,
and may direct them to lay off any road at such grade as it
may prescribe.

25. Every road shall be thirty feet wide, and the grade of no
road hereafter located shall exceed five degrees at any one
point, unless the county court order a different width or differ-
ent grade.

26. When any person applies to the court of said county to
have a road or landing therein established or altered, the court
shall, and. whenever without such application it sees cause for
so doing the court may, appoint one or more commissioners, or
three or more viewers, to view the ground and report to the
court the conveniences and inconveniences that will result, as
well to individuals as the public, if such road or landing shall
be as proposed, and especially whether any yard, garden, or
orchard, or any part thereof, will in such case have to be
taken. |

27. The commissioners or viewers, acting either under the
preceding or twenty-fourth section, shall particularly report the
facts and circumstances in their opinion useful in enabling the
court to determine the expediency of establishing or allow-
ing the road or landing. He may examine other routes than
that proposed for any road, and report in favor of the one he
prefers, with his reasons for the preference. He shall report
the names of the land-owners on such route, and state which of
them require compensation, the probable amount in the opinion
of the commissiéners or viewers to which such party may be
entitled, and any other matter which he may deem pertinent.
A map or diagram of such route shall be returned with his re-
port; if the commissioners or viewers be not a surveyor, he
shall procure one if necessary.
28. Upon the report, unless the opinion of the court be against
establishing or altering the road or landing, it shall award pro-
cess to summon the proprietors or tenants of the lands on which
it will be established to show cause against thesame. The sum-
mons shall be executed on such of them as are in said state,
and on any agent or attorney of any proprietor not within the
county; and if there be no proprietor, tenant, agent or attorney
of any proprietor, known‘to the court, residing within the state,
or if the true owners or proprietors of the lands be not known
to the court, the judge thereof may order notice to all whom
It may concern to be published in some newspaper of general
circulation once a week, for four weeks successively, to appear
and show cause against the same; the costs of such publication
to be paid by the county, not to exceed the cost of publication
as prescribed by law. Personal service of said summons on a
non-resident of the state may be made in the mode prescribed
by section fifteen, chapter one hundred and sixty-six of the Code
of eighteen hundred and seventy-three.

29. Upon the return of the said process so executed if the
court has enough before it to fix upon a just compensation to
the proprietors and tenants, and ‘they are willing to accept what
it deems just, it may determine the matter without further pro-
ceedings.

30. But if any tenant or proprietor desire it, or if the court
see cause for so doing, it shall appoint five disinterested free-
holders of the county, (any three of whom may act) for the
purpose of ascertaining a just compensation for the land to be
used for such road or landing.- Said commissioners shall meet
on the lands of such proprietors and tenants as may be named
in the order of the court at a certain place and day therein also
specified, of which notice shall be given by the sheriff to such
proprietor or tenants, their agents or attorneys, except only
that it need not be given to one present at the time of making
the order. Any one or more of said commissioners attending
on the land as aforesaid may adjourn from time to time till the
business shall be finished. The said commissioners in the dis-
charge of their duties shall comply in all respects with the pro-
visions 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 and the certificates of the justice to the
court of said county; and unless good cause be shown against
the report the same shall be confirmed. If, however, good cause
be shown against the same, or if the commissioners report their
disagreement, or if they fail to report within a reasonable time,
the court may as often as it seems to it proper appoint other
commissioners and the matter shall be proceeded in as before
prescribed.

31. When the record shows that the sum allowed by the
commissioners, as compensation, to any proprietor or tenant
is not more than the court, before making the order appointing
such commissioners, had consented to allow him, such proprie-
tor or tenant shall be adjudged to pay the costs occasioned by
such order.
32. Not more than one acre of land shall be condemned for
any landing, and no road or landing shall be established upon
or through any lot in an incorporated town without the consent
of the proprietor thereof, or through the lands of any cemetery
or seminary of learning without the consent of the owners
thereof, or the corporate authorities.

33. When the road or landing is established or altered, the
county shall be chargeable with the compensation to the pro-
prietors or tenants, with such costs as the court may allow the
applicant, and of the costs of the commission, except in the
case mentioned in the thirty-first section.

34. A statement, in writing, of the number of days each com-
missioner or viewer appointed under the thirtieth or twenty-
sixth section, and if any surveyor was employed in executing
any such order, shall be sworn to and presented to the court,
and the court may allow to each a reasonable compensation,
not exceeding one dollar per day for each commissioner, and
two dollars and fifty cents per day for the surveyor, to be paid
by said county.

35. When the court decides against the application of an in-
dividual to establish or alter a road or landing, he shall pay the
costs incurred in the case except the compensation of the com-
missioner, viewers and surveyor, and except such costs as may
be payable by any proprietor or tenant, under thirty-first sec-
tion, and the court may enforce payment thereof.

36. When any road 1s altered it shall be discontinued to the
extent of such alterations, and no further. Any person may
apply to have a county road or landing discontinued, after post-
ing notice of the intended application, on the first day of a term
of the county court, at the door of the court-house of the county,
and at two public places in the neighborhood. The county
court, at the next term after that at which notice may have been
so published, shall appoint three or more commissioners or
viewers to view such road or landing, and report, in writing,
whether in their opinion any, and ‘if any what, inconvenience
would result from discontinuing the same. Upon the said re-
port, and other evidence, if any, the county court may discon-
tinue such road or landing, taking care in every case of an
established post-road not to discontinue the same until another
has been substituted.

37. Application may be made to the court of said county to
permit gates to be erected across any road therein, and a notice
of such application shall be forthwith posted at the door of the
court-house, and at two public places near where it is proposed
to place such gates. If it appear at the next term that the
notice has been so posted at least twenty days, the court may
upon evidence, if any, permit such gates. But the gates may
be discontinued when the court may deem proper so to di-
rect, after like notice of. twenty days. _

38. If it be suggested by any citizen of said county to the
county court, that injury or great inconvenience results there-
from, said court shall cause the owner of such gate to appear
at next term, and show cause why such gate should not be dis-
continued, and upon the return of such process executed shall
determine whether there ought to be such discontinuance or
not. Ifthe court adjudge the discontinuance of such gate, the
surveyor of such road shall abate the same, at such time as the
court may order, provided the owner shall have the right of
appeal from such order to the circuit court.

39. The owner or occupier of every dam shall, so far as a
road passed over the same, keep such dam in good order, at
least twelve feet wide at the top, and also keep in good order a
bridge of like width over the pier head flond gates or any
waste cut through or around the dam, and shall erect and keep
in good order a strong railing on both sides of such bridge or
dam, unless the same be dispensed with by the county court.
If he fail to comply with this section he shall pay a fine, for
every twenty-four hours failure, of two dollars, but the fine
shall not in any one prosecution exceed fifty dollars; and where
a mill-dam is carried away or destroyed, the owner or occupier
of such dam shall not be thenceforward subject to such fine
until One month after the mill shalt have again gotten into
operation.

40. All proceedings as to roads, causeways and bridges,
where two counties are interested, shall be regulated as pro-
vided for by the general state law.

41. No person shall use any county bridge, or joint county

bridge, as a wharf from which to unload or load any vessel or
boat, nor as a place of deposit for any property or any other
purpose, except for crossing. Nor shall the master or owner
of any vessel or boat make fast the same to, or lay the same
alongside, such bridge. Any person violating this section shall
pay a fine of not less than five nor more than twenty dollars,
which fine shall be to the county in which the offence was com-
mitted.
42. It shall be lawful for the county court of said county to
grant authority to individuals to construct or build tram-roads
along any of the county roads: provided, they do not interfere
with public travel: and provided, the consent of the owners of
the fee is first obtained by said court. Upon the applica-
tion of any person or persons for the opening of a new road
upon the ground, that such person or persons have no outlet
nor right of way to a public road across their own lands, it
shall be the duty of the court to proceed to open such outlet
or right of way for the benefit of such person or persons, in
the manner heretofore prescribed for the opening of new roads
by this act: provided, that the cost of the proceeding be paid
by the person or persons for whose benefit said road is es-
tablished.

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

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