Chap. 416.—An ACT for the enactment of a special road law for
Scott county.

Approved March 4, 1886.

1. Be it enacted by the general assembly of Virginia, That
each magisterial district of the county of Scott shall keep in
good repair the roads within such district.

2. There shall be a commissioner of roads within each dis-
trict, who shall be appointed by the judge of the county court
at the June term next, and he and two other persons within the
district to be also appointed by the court at the same time, shall
constitute a board, styled The Road Board of said District.

3. The board in each district shall lay off the roads in the
district into sections, not exceeding one mile, when practicable,
clearly designated, and as nearly equal as may be as to the work
required to be done on each section; and the sections shall be
numbered one, two, three, and so on. ~

4. For each section the board shall appoint a suitable person
as overseer, and assign to each overseer, so appointed, a num-
ber of hands who are liable to work on roads; and the hands
thus assigned shall be as nearly equal to the character of the

work and its magnitude as may be; and regard to the conve-
nience of overseers and hands shall .be duly considered by the
board.
5. All male persons in each road district, who are able-bodied
and between the age of sixteen and sixty years, shall be com-
pelled to work on the roads within such district, except minis-
ters of the gospel.

6. Each member of the several road boards shall qualify
within ten days after due notification of his appointment. He
shall take an oath before some one authorized to administer an
oath, that he will perform his duties to the best of his ability and
judgment. A certificate thereof shall be forwarded by him to
the clerk of the county court, in whose office it shall be filed.

7. The road boards of the several districts shall proceed,
within thirty days after the notification of their appointment,
to lay off the roads in their respective districts into sections,
and appoint overseers and assign hands, as hereinbefore provi-
ded. The commissioner of each district shall keep a record
thereof in a book kept by him for that purpose, which shall be
open for inspection to any one interested. A report thereof,
signed by the board, shall be returned to the county court as
soon as practicable. Thesame shall be examined by the court,
and if there be no objection on the face of the report, or valid
objection made thereto, the same shall be noted on the records
as confirmed, and it shall have the same effect as an order of
court duly made and entered; the same shall be filed in the
clerk’s office and properly labeled. Each board shall have the
right, from time to time, to modify the sections of roads within
the districts, assign hands liable to work, in conformity with
the provisions of this act, and such changes, modifications and
assignment of hands shall be reported to court, and notice shall
be given by the commissioner of the action of the board to the
interested overseers.

8. The commissioner of roads in each district shall, as soon
as practicable, make off a list of the different overseers, show-
ing the lands assigned to each of them, and the section of road
to be kept in repair by each overseer. He will place these lists
in the hands of a constable of the district, or the sheriff of the
county, who shall serve without delay a copy on the overseer
to whom it is directed, and make return to the commissioner
of the execution.

g. The persons so assigned by the boards of the districts to
work under overseers of sections of roads shall work three days
in each year, and eight hours each day, when notified so to do
by the overseer or any one authorized by him; and if any one
so notified fail to attend in person, or by an able-bodied sub-
stitute, with suitable tools, upon the day he is warned to work,
or when any hand fails to do a good and fair day’s work, the
overseer shall lay off on the section so much work to be done
by the absent hand or hands, or the hand failing to do a good
and reasonable day’s work, as may be just and fair; and if the
work thus laid off shall be done within ten days from the time
such hand or hands were notified to work, then no liability
shall rest upon such hand or hands.

10. Each overseer of roads shall cause the roads under his
charge to be kept clear and smooth, free from loose rocks,
from gates unlawfully kept up, and other unlawful obstruc-
tions, of the required width, well drained, and otherwise in
good condition, and secure from the falling of dead timber
thereon. When necessary and practicable, a sufficient bridge
shall be made across streams, and a foot-log or bench for the
accommodation of foot passengers. And when the grade on
any road exceeds five degrees, it shall be put on a new location
or cut down to this degree, as may be deemed most expedient
by the board of the district, who shall determine the same.

11. If the work prescribed to each hand under section nine
of this act shall prove insufficient to put and keep the road
under any overseer in the condition required by the preceding
section, then the overseer of such section shall require the
hands assigned to him to work until his section is in such con-
dition; and for every day’s work of nine hours’ labor of any
hand over the three days’ work required by section nine, such
hand shall be entitled to a compensation of sixty cents for each
day; but any hand who shall fail to do a good and reasonable
day’s work shall be discharged by the overseer, and others
may be employed by the overseer in place of such discharged
hands.

12. The overseers of roads shall require the work by the
hands under their charge to be done between the first of April
and the first of October in each year. But if any obstruction
or other injury occur on any road between the first of October
and the first of April, it shall be removed or repaired as soon
as practicable.

13. Any overseer failing to have the section of road under
his charge in the condition required by section ten of this act,
on or after the first day of October next after his appoint-
ment, shall be liable to an indictment, and for his tailure shall
be fined not less than five dollars, and for every thirty days
after he is convicted on such indictment which such failure
shall continue, shall be a new offence, which will subject such
overseer to another indictment. .

14. Any hand failing to attend to work with proper tools or
failing to do reasonable work when notified to do so by his
overseer or agent under the foregoing sections, and failing for
ten days thereafter to-do the work assigned to be done by his
overseer as provided by section nine, shall be subject to be
fined eighty cents for each day which he should have worked
and failed to do so. ,

15. Each overseer shall keep a record of the work done by
each of his hands, and when such work was done; and when
any hand fails to do the work which he should have done he
shall report the fact and the number of days of his failure. He
shall also keep a record of the work of any hand entitled to
pay under the provisions of this act; also an account of the
work of hired teams, and return such reports to the commis-
sioner of roads of his district, verified by affidavit, by the first
day of October in each year next after the work is done. And
such report shall be prima facie evidence of the matters therein
stated.
16. Whenever it appears to any commissioner from the re-
ports filed with him by the overseers of roads in his district,
that there is a liability on any hand in his district, he shall make
off an account in the name of the district board against such
person, showing the amount of the claim, and place it in the
hands of a constable for.collection, who shall collect the same
as other small claims, and when judgement is rendered against
any one on such claim, and the same remains unpaid for sixty
days thereafter, the constable shall return the judgement to the
clerk’s office of the county court, and the same proceedings
shall be taken thereon as if it were a judgement of the com-
monwealth rendered upon an indictment.

17. All fines collected for the delinquency of hands shall be
paid to the commissioner of roads of the district whose board
obtained the judgement, and the same shall be expended on
the roads in such district.

18. When it becomes necessary for overseers on sections to
have a team, wagon, plow or other implements to work on the
road, the board of the district may authorize such overseer to
hire the same on the best terms he can; so that for a driver
and yoke of oxen he shall not pay more than one dollar and
fifty cents, and for a team of horses or mules and wagon he
shall not contract to pay more than two dollars. An account
for such services shall be made off by the person to whom it is
due, verified on oath, and when ‘approved by the board of the
district the same shall be allowed as other expenses.

19. When it becomes necessary to take from lands stone,
gravel, and such like material, to make or put a road in good
condition, or timber to make or repair a bridge, or for other
necessary purposes, and the owner objects to such things being
taken, the overseer of the road shall notify the commissioner
of his district, who shall immediately convene the board. They
shall inspect the road, and if they deem such material neces-

, the same shall be condemned for the use and purposes
aforesaid. If the owner claims damages, the same shall be as-
sessed by the board and paid as other expenses are paid, .but
if the owner is dissatisfied with the assessment he may appeal
to the county court within ten days from the time of the assess-
ment; he shall notify the commissioner of the board that he
desires an appeal. The commissioner shall endorse the appeal
desired on the assessment made, and send the papers to the
next term of the county court. It shall try the case as other
appeals are tried, and its judgement shall be final.

20. When it becomes necessary to drain a road, the overseer
shall have the right and privilege to dig a ditch through the
adjacent lands for this purpose, but such ditch shall be made,
when practicable, where the least injury will result to the owner
of such lands.

21. When an alteration and change in the location of a road
is deemed expedient by an overseer, or by the commissioner of
roads, such commissioner, when desired to do so by an over-
seer, or when he deems it proper so to do, shall notify the board
of the district. They shall view the proposed change, and if it
is deemed proper by the board that the change in the road be
made, and the owner of the land through which the proposed
change to be made consents thereto, the change will be made
by the board, who shall make a report of such change, with a
plot and diagram, to the county court. If any damage results
to the owner of the land through which it is made, the board
shall assess the same and a levy shall bé made therefor. But if
the owner of the land objects to such change being made, the
board shall, nevertheless, make the change if deemed proper
and expedient, and assess the damages to the owner, who shall
be entitled to an appeal to the county court; and on his appli-
cation for such an appeal to the commissioner of the board, who
shall transmit the papers to the court at its next term, the views
of the board shall be set forth, with a report and diagram, and
the same shall be heard by the county court, whose action shall
be final, and costs awarded as may seem to it just and proper.
And when any change is made the overseer shall be notified
thereof. | :

22. When a bridge or causeway 1s necessary between two
districts, the court of the county may, on its motion, or on the
application of any one, let such work to contract, and order
the expenses to be paid ratably by the districts or by the
county, as may seem most just; and when a bridge across a
stream within a district should be built or repaired, or other
work on a road of an unusual character to be done, upon the
application of the board of such district, the court may, if it
sees that the building of such bridge or other work is too one-
rous on the district, order that a levy be laid on the county for
such an amount as may seem to it just and fair to be expended
on such bridge or work.

23. When it becomes necessary, in the opinion of the board
of any district, that the overseer of any section of road within
such district should have a sledge-hammer, drill or other ne-
cessary implement to work his road, or to have powder or fuse
for blasting, the same shall be furnished on the order of the
board by the commissioner of the road district, and the actual
cost shall be paid by the district.

24. When a water-course runs across any road for the spe-
cial benefit of any one, such person shall keep a good bridge
across the same at least twelve feet in width, and with substan-
tial railing on each side, when deemed necessary by the dis-
trict board. The water-course shall be kept by the beneficiary
thereof in such condition as not to injure the road nor impede
travel; if he fails to do so he will be liable to be indicted, and
on conviction shall be fined not less than five dollars, and ona
second conviction, such water-course may be viewed as a nui-
sance and abated by order of the county court, upon a rule or
other due proceeding. ,

25. Persons appointed by the county court to constitute a
road board, and overseers of sections appointed by the road
boards, shall be compelled to act unless released by the county
court for cause shown. But if any person is appointed on any
road board or as overseers of sections who would not be liable
to work on roads, such person shall not be compelled to act.
And any one who discharges his duties for two consecutive
years may resign, if his road is in the condition required by
this act, and shall not be compelled to serve again fcr a period
of four years.

26. The county court may, at any time, for cause shown, re-
move any member of a road board, and the board of any road
district, for good cause, may, at any time, remove an overseer
of such district.

27. When a vacancy occurs from any cause in a road board,
the same shall be filled by the county court in the same manner
as an original appointment. And if from any cause there is no
overseer of a section of road, the same shall be filled by ap-
pointment by the board of such district.

28. The commissioner of roads in the several districts shall
convene the other members of the board whenever it becomes
necessary to do anything by their joint action.

29. The commissioners of roads in the several districts shall
inspect the roads thereof yearly, beginning on the first day of
October, and make report to the court, at the next November
term, of the condition of each section; and if he finds any sec-
tion not to be in the condition required by the tenth section of
this act, he shall state the fact, and the name of the overseer in
default. The attorney for the commonwealth shall examine the
several reports, and when he finds any overseer in default, he
shall lay the matter before the grand jury. Such reports shall
be prima facie evidence of the matters therein stated.

30. The commissioner of roads in each district shall lay be-
fore the supervisors of the county, at their annual meeting next
immediately preceding the laying of the county levy, the re-
ports of the several overseers of his district. He will also show
the amount of fines received by him, and whether or how he
has disbursed thé same. He will also show the amount neces-
sary to be raised to pay off expenses of the roads in his district,
and to whom and for what it is due; and if it appears just and
correct a levy shall be laid therefor, not to exceed twenty-five
cents on the one hundred dollars assessed value of real and
personal estate; and the levies under this act shall be collected
by the treasurer as other county levies, and paid out upon the
warrants of the several road boards.

31. Each commissioner of the several road boards shall be
entitled to receive a compensation for his services of one dollar
per day: provided, that no one shall receive more than twenty-
five dollars in any one year. The other members of the road
boards shall each receive one dollar per day for his services—
not to exceed ten dollars in any one year—and each overseer
of sections shall receive one dollar for warning his hands to
work, and one dollar for each day he superintends such hands
as may be hired under this act, their respective accounts to be
verified by affidavit; but the commissioners and overseers shall
not be entitled to receive the compensation herein allowed until
they respectively make the reports required under this act—
the reports to be made by the commissioners to be shown by
the certificate of the commonwealth’s attorney, and the reports
of the overseers to be shown by the certificate of the commis-
sioner of the district board to whom the report should have
been made.

32. Each commissioner shall also be entitled to receive ten
per centum out of the fines which he may collect under this act
as a compensation for receiving and disbursing; but before he
receives any fine he shall execute a bond, with good security,
payable to the commonwealth in the penalty of two hundred
dollars, conditioned to account for and pay over all moneys
which may come to his hands under this act.

33. Any member of a road board, overseer of sections, con-
stable or sheriff failing to perform any duty prescribed under
this act, may be summarily proceeded against by the county
court of the county, and on service of a rule against the person
for such failure may, on a hearing, be fined not exceeding
twenty dollars for such failure of duty. Any such rule may be
made by the court on its own motion, or on the suggestion of
the commonwealth’s attorney for the county, who shall prose-
cute such rule, and the case may be heard and determmed at
any term of the said court. But when a party is proceeded
against on a rule he shall not thereafter be liable to an indict-
ment for the same offence.

34. New roads shall be established and made in the manner
prescribed by the existing general road law, and the hands to
make the same shall be designated by the county court; but no
hand shall be compelled to work on any new road more than
five days in any year.

35. It shall be the duty of the county court to have this act
printed, and to have a copy furnished to each member of the
road boards, and one to each overseer of sections.

36. The commissioners of the revenue shall report the mag-
isterial districts in which a tax-payer resides, and in which real
estate is situated, so that levies for road purposes under this
act can be properly made against the district.

37. All laws in conflict with this act are hereby repealed.