Chap. 578.—An ACT to provide for opening and working of roads and keepin
the same in repair, and to provide for erecting and maintaining bridges :
the county of Culpeper.

Approved March 3, 1896.

1. Be it enacted by the general assembly of Virginia, The it shal
be lawful for the county of Culpeper to locate, open, change, an
repair highways, roads, and bridges as follows:

2. That for each magisterial district in the county of Culpepe
there is hereby created and established a board, consisting of th
supervisor, a8 commissioner of roads, and one of the justices of th
peace for each district, which board shall have the exclusive contrc
of the roads, bridges and ferries within its limits, and all taxes levie
for road purposes and for building and repairing bridges shall b
expended in said magisterial district except as hereafter providec
The justice of the peace constituting a member of said board sha
be chosen and designated by the three justices of the peace electe
and commissioned in the several magisterial districts, and the cox
missioner of roads shall be appointed by the judge of the count
court as hereinafter provided. The designation of the justice wh
is to serve on said board shal] be in writing, and shall be preserve
and recorded by the board of commissioners of roads. The boar
hereby created and constituted is declared to be a body politic an
corporate, and shall be known and designated as the board of commi:
sioners of roads for magisterial district. }

3. That the sub-road districts as now laid out and described b
metes and bounds within the lines of the old township shall remai
as they now are unless and until they shall be changed by said boarc

4, That annually there shall be appointed by the said board, no
later than the first Saturday in July in each year, one overseer o
roads for each sub-road district, whose term of office shall be for on
year, beginning on the first day of July succeeding his appointment
He shall reside in the magisterial district in which his sub-road dis
trict lies and for which he shall have been appointed, and shall hav
charge of the roads of his district. If any such overseer refuses t:
serve after being appointed, or fail to work the roads in his distric
when directed by the road commissioner, he shal! be liable to a fine
on presentment by the grand jury, not exceeding fifty dollars; bu
any person, after being overseer for two consecutive years, may giv:
up his office on producing a certificate to the board from the roa
commissioner or other satisfactory evidence that the roads in hi
district are in proper order, and he shall not, within two years there
after, be appointed overseer without his consent.

5. That his duties shall be to see that the roads in his district ar.
kept in good repair, that the bridges are in a safe condition, that th
roads are kept free from obstruction, that all loose stones are removed
and he shall contract for all tools and implements necessary fo:
working the roads, subject to the approval of the commissioner o!
roads, and shall have custody of the same, and shall perform suct
other duties as may be prescribed by law or directed by the board o!

COmmissioners of roads. His compensation shall be one dollar and
fifty cents per diem for each day actually employed.

6. That biennially at the May term of the county court there
Shall be appointed by the judge of the court for each magisterial
district one commissioner of roads, whose term of office shall be for
two years, beginning on the first day of July next succeeding his
appointment; he shall reside in the district for which he is ap-
pointed. Each commissioner of roads thus appointed shall qualify
before the judge of the county in court or during vacation, and shall
at the time of his qualification give bond with good personal security
in not less than two thousand dollars nor more than five thousand
dollars.

7. That the commissioner of roads shall have charge of all the
roads in his magisterial district. His duty shall be to see that all
roads in his district are of the proper width, and in all cases where
they are not to notify the persons trespassing by written notice; and
if the obstructions are not removed after reasonable notice not to
exceed ninety days, he shall direct the overseer of the district to re-
move the fencing or other obstruction, and may recover the expenses,
with costs, from the trespasser upon judgment of a justice of the
peace. And if said obstructions are intentionally placed in any
public road or any drains leading therefrom, the person placing the
same there shall be liable to a fine not exceeding fifty dollars for
each offence, to be recovered by action before justice of the peace.
He shall examine the roads in his district twice in each year, in the
months of June and November, and see that the roads and bridges

are kept in good repair by the overseer and contractors; and if 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, shall make the necessary repairs and enforce payment
therefor as provided in section eleven of this act; but if upon such
examination he shall find that such contractor or overseer has exe-
cuted his contract or performed his duty according to the law or his
contract he shall give him a certificate to that effect, with a state-
ment showing the amount such contractor or overseer is entitled to
have offset against his road tax, such certificate to be given before
the time fixed for the collection of said tax; and where work has
been done by any person other than a contractor, under the direction
of the overseer, it shall be the duty of the overseer to give a like
certificate. His compensation shall be two dollars per diem for each
day in which he has been or may be actually employed in discharg-
ing his duties under the provisions of this act, and to be paid by the
board of commissioners of roads for the respective magisterial dis-
tricts.

8. That the commissioner of roads for the district and the over-
seer of the sub-district shall let to contract at public letting, to the
lowest and best bidder, for a term of three years (except in a case
of a new road, then it shall be let until the next general letting),
all the roads in each district not exceeding two miles in one section,
of the time and place of which letting they shall give ten days’
notice by printed handbills posted in at least three places in each
road district. The specifications of such contract shall be such as
will effectually open new roads and constantly keep in repair and
clear of all impediments to safe and convenient travel all public
roads, and they shall embrace the making and maintaining of suffi-
cient bridges over such streams and ravines as may need them, and
in every case except mountain roads it shall be specified that the
bed of the road shall be raised in the middle and slope gradually
each way to the sides, where ditches sufficient to carry off the water
shall be made and kept open; provided that the contract and price
in no case exceed the estimate made by the overseer and commis-
sioner of roads.

9. That it shall be the duty of the said road commissioner and the
overseer, within thirty days preceding the day of public letting, as
directed in the preceding section of this act (and within the same
period of time preceding the expiration of each and every term of
years thereafter), to lay out and divide the public roads and high-
ways in the said district into sections not exceeding two miles in
length, which they shall number and describe in a book kept for the
purpose. They shall also distinctly specify therein what they deem
necessary for the improvement and keeping in good repair the said
public roads and highways, with an estimate of the amount of money
which it will require to improve and keep in repair each and every
section of the said roads, respectively, for the term of years approved
of and designated as provided for in section seven of this act. The
road book herein provided for shall be returned to and preserved by
said board, and shall be open to the inspection of any citizen of the
county.

10. Each contractor shall sign his name in a book to be kept for
that purpose by the commissioner of roads to a contract embracing
all the specifications in relation to the roads contracted for by him,
as provided by the eighth section of this act, as well as the con-
tract price, the length of time contracted for, and the number and
description of sections contracted for. All contractors shall give
bond and security in such sum as the board shall deem sufficient,
in a@ penalty not less than twenty-five dollars nor more than double
the contract price.

11. That if a contractor refuse or neglect to comply with the law
or his contract, upon complaint the commissioner of roads shall, as
soon as practicable, examine the road or section, and if the complaint
is well founded shall give immediate notice in writing to the party
to make or put his road or section in repair according to law, or as
the contract requires; and upon his failure to do so the overseer
shall proceed to put the same in order, and the expense thereof, with
costs of suit, shall be recovered by the commissioner of roads in
the name of the board, from the contractor and his securities, as
other debts are recoverable.

12. That if a section remain unlet by reason of there being no
bidder, or the amount offered be deemed unjust, the commissioner
of roads and overseer of the district may let the same by private
contract, the contract price not to be more than estimated by the
overseer and commissioner of roads,and no supervisor of said county
yr commissioner of the revenue or overseer of the roads therein, or
ther person authorized to represent the county in contracting for
he working of any of the roads thereof, shall be in any way inter-
sted in any contract provided for in this act; and any violation of
his provision shall render the contract null and void; and in case
here be no contract the overseer of the district shall take charge of
che road or section, and make or keep it in repair, and for that pur-
pope may employ such number of laborers, teams, wagons and plows
a8 may be necessary, and a just allowance shall be made for the
‘abor, teams, plows, and other implements which may be furnished
by private individuals, such allowance not to exceed that made by
the county for like service immediately prior to the passage of this
act; and a day’s work shall be fixed at ten hours.

13. That when any contractor shall die or remove from his district
and shall have fully complied with the conditions of his contract to
the date of his death or removal the commissioner of roads and over-
seer may release the said contractor from his contract, and shall let
the sections for the remainder of the term in the same way and on
the same conditions as at the first letting.

14. That every petition for a new road, or to lay out, open, alter,
or change a public road must first be presented to the commissioner
of roads in the district in which the road is, who shall endorse
thereon his approval or disapproval of the same, and his reasons
therefor, which petition and the commissioner’s report shall be laid
before the county court at ita next term, in open court, and the court
shall appoint three discreet freeholders to view the ground of any
new road or of proposed change; the county or other competent sur-
veyor shal! accompany the viewers, and if necessary survey and map
the road. The whole number of viewers must view, but a majority
may decide for or against, and they may view and make report of
and estimates for any modification of the route.

15. That notice of the time and place when the viewers shall meet
shall be given in some public manner in the vicinage of the proposed
road at least five days before the time of meeting. The viewers, before
they proceed to discharge their duties, shall be severally sworn by
the commissioner of roads, or some other person authorized to ad-
minister oaths, to perform their duties impartially and to the best
of their judgment. If they decide that there is a public necessity for
the road or change, they shall lay out the same, having respect for the
shortest distance and the best ground and so as to do the least injury
to private property, and also, as far as practicable, to be agreeable to
the petitioners. They shal] assess the damage done to the land
through which the road passes, taking into consideration the advan-
tage to be derived from the road passing through the land, and shall
report in writing to the next term of court; but in no case shall any
garden, yard, orchard, or any part thereof, be taken without the con-
sent of the owner.

16. That the court shall examine the amount of the damages
assessed, and if satisfied that the public interest will be subserved
by ita payment and the opening of the road, or the proposed change,
shall approve the report and order the damages to be paid by the
county, but upon the return of the report of the viewers the pro-
prietors and tenants of lands upon which said road will be if estab-
lished shall be summoned to show cause against said report, and if
any proprietor or tenant of lands on which said road will be, if
established, may enter himself a party defendant to said petition,
after which the same proceedings shall be had as under the general
road law of the state upon the return of the report of the commis-
sioner of roads: provided that the viewers and surveyor shall be
paid out of the county treasury; and provided, further, that no such
opening or change of road shall be made through any enclosed lands
except by consent of the proprietor, until the damages allowed him
shall be actually paid by the county and the opening of said road
shall be paid by the county.

17. That the county court shall at the time when any new road is
established, direct what width the roadbed shall be made, and shall
have power to regulate the width of all roads: provided that the land
condemned for any new road shall not be less in width than thirty

eet.

18. That the court may, at its discretion, grant a second or third
review, the viewers to be paid one dollar per diem, and the county or
other surveyor two dollars per diem, to be paid as provided for in
section sixteen of this act.

19. That the clerk of the county court shall keep a road docket,
in which all proceedings in regard to roads in the county shall be
kept on record.

20. That in case of a road or line dividing two magisterial dis-
tricts the commissioners of roads of the adjoining districts shall
divide the said road between such districts in such way as will
equitably divide the expense, if they can agree, and in case they
cannot agree, the county court shall divide the same and direct what
part of said road shall be opened and kept in repair by each magis-
terial district, and all bridges shall be paid for and kept in repair
by the county.

21. Any overseer or contractor shall have power to enter upon any
lands adjoining his road or section to make necessary repairs, drains,
or ditches.

22. That the board of commissioners of roads for their respective
districts shall annually in the month of July of each year lay a road
tax, not exceeding twenty cents on every one hundred dollars of
value of property, real and personal, within their districts, and im-
mediately certify the same to the commissioner of the revenue for
their respective districts, who shall thereupon extend the said taxes
in the copies of his books to be delivered to the clerk of the county
court and to the treasurer of the county. Should any contractor
under the operation of this act be injured or damaged by the repeal
of section nineteen of the aforesaid act, entitled an act to provide
for the working of roads in the county of Culpeper, said board of
commissioners of roads shall hear the complaint, and upon evidence
before it assess the damage done the contractor and pay the same
out of the road tax aforesaid. Should the contractor be dissatisfied
with the decision of said board of commissioners of roads he may
within thirty days appeal as of right tothe county court. The board
of commissioners of roads shall be summoned to appear before said
county court, the appeal be heard without formal pleadings, as are
appeals from the judgments of justices of the peace, and the judg-
ment of the county court shall be final. When the decision of the
board of commissioners of roads is reversed by the judgment of the
county court said board of commissioners shall provide out of said
road tax for the payment of the judgment and all costs incident to
the appeal.

23. That the treasurer of the county shall collect the road tax in the
same manner and at the same times and places he receives the state and
county taxes, and pay the same over to the commissioners of roads
of the several 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, plows,
wagons, material furnished, or for services rendered in any way, when
properly certified by the commissioner or overseer, and the same
shall be receipted for by the commissioner as if paid to him in
money. Each commissioner of roads acting under the provisions of
this act shall settle with the board of commissioners of roads on the
first Monday in September of each year, or as soon thereafter as the
said board shall meet, and account for all moneys received by him
from the treasurer for road purposes, and pay over any balances in his
hands to his successor in office, which shall be placed to the credit
of the board and appropriated for road purposes.

24, That all persons who shall make payment of road taxes on or
before the first day of December shall be entitled to a deduction of
five per centum; and any person failing to pay any road taxes to the
treasurer by the first day of December shall incur a penalty equal
in amount to that incurred for non-payment of state taxes, which
shall be added to the road taxes and collected and accounted for as
provided for in case of state and county taxes.

25. That the board of commissioners of roads shall annually, on
the first Monday in June, audit, adjust, and settle the accounts of
the treasurer for the preceding year. They shall charge the treas-
urer with the full amount of the road tax levied in the district, and
shall credit him by his commissions, delinquents, and all payments
made by him to the commissioner of road for which he has the
proper receipt. The treasurer shall receive the same per centum for
collecting road taxes as for collecting the state revenue. He shall
pay said road taxes received and collected by him upon warrants
issued by the board of commissioners of roads.

26. Any person or persons causing water to be diverted from its
natural course and conveyed across a public highway, or who, by the
erection of waste gates or any other means, shall cause water to
flow or be conducted over such public highway, shall place and keep
in good repair bridges over the same at his or her expense; and if
the commissioner or overseer of roads shall notify such person or
persons that his or their bridge is unsafe, and such person or per-
sons shall fail to make the necessary repairs, he or they shall be
held responsible for all damages, to be recovered by warrant before
a justice of the peace, or court of competent jurisdiction, that may
result from such failure. Within ten days after such failure the
commissioner or overseer may make such repairs, and require such
party or parties to pay all costs thereby incurred, which costs may
he recovered before a justice of the peace or court of competent
jurisdiction.

27. That upon the petition of twenty freeholders of each district
the board of supervisors, if a majority of them shall so determine,
may direct that the county surveyor shall make a survey and map
of the county, showing on the same the boundaries of each magiste-
rial district, marking the location of towns, stores, mills, post-offices,
churches, schoolhouses, and other prominent objects, indicating
beds of minerals; all the mappings to be completed in three years
from the first day of January, eighteen hundred and seventy-six.

28. That the compensation of the surveyor shall be fixed by the
board of supervisors, and shall not exceed two dollars and fifty
cents per diem for the time actually employed.

29. That the price of the map on rollers shall not exceed five dol-
lars, and that each person whose levy for map purposes shall in
three years be equal to five dollars shall be entitled to a copy, and
each person whose levy does not reach five dollars shall have a copy
by paying the difference between his levy and the price of the map.
The said maps shall be under the control of the surveyor: pro-
vided the price of the same shall be fixed by the board of super-
visors.

30. At the discretion of the board of supervisora of Culpeper the
general road law of this state,except so far as the same is in conflict
with this act, may be in force in the county of Culpeper.

31. All acts heretofore passed by the general assembly in refer-
ence to the county roads of Culpeper are hereby repealed.

32. All incumbents of offices under the road law now in force in
Culpeper will continue in office and discharge the duties of the same
until their successors are duly appointed and qualified under the pro-
visions of this act.

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

ADDENDUM.

Schedule of prices allowed for the use of teams, plows and
wagons:

For four-horse team, wagon and driver, $3; for two-horse team,
wagon and driver, $2; for ox team, wagon and driver, $2; for plow,
two horses and driver, $3.
ACTS OF ASSEMBLY. 651