Chap. 27.—An ACT to Amend and Re-enaet an Act passed February 28,
1856, Amending an Act fur Working the Roads of Loudoun County.

In force January 14, 1671.

Ҥ 1. Beit enacted by the general assembly, That it shall
be lawful for the county of Loudoun, after the first day of
January, eighteen hundred and seventy-one, to locate, open,
change, and repair highways, roads, and bridges, as follows:

Ҥ2. That each township shall have exclusive control of the
roads, bridges, and ferries within its limits, and all taxes levied
for road purposes and for building and repairing bridges, shall
be expended in said township, except as hereafter provided.

Ҥ 3. That the several township boards in said county shall
meet as soon after the first day of January, eighteen hundred
and seventy-one, (but before the first of February, eighteen
hundred and seventy-one,) as possible, and proceed to lay off
their townships into as many road districts as may be neces-
sary, and to describe the lines and boundaries of each dis-
tinctly.

“$4, That annually, commencing on the fourth Saturday in
May, eighteen hundred and seventy-one, there shall be elected
in each road district, according to the provisions of sections
four and five of the district road law of this state, one over-
seer of roads for each district, whose term of office shall be for
one year, beginning on the first day of July succeeding his
election. He shall reside in the district for which he shall
have been elected, and shall have charge of the ‘roads in his
district.

Ҥ 5. That his duties shall be to see that the ronda in his
district are kept in good repair; that the bridges are in a safe
condition; that the roads are kept free from obstruction ; that
all loose stones are removed; and he shall contract for all tools
and implements necessary for working the roads, subject to
the approval of the commissioner of roads; and shall have
custody of the same, and shall perform such other duties as
may be prescribed by law, or directed by the township board.
His compensation shall be one dollar and fifty cents par diem
for each day actually employed.

\
“$6. Each commissioner of roads elected on the fourth
Thursday in May, eighteen hundred and seventy, shall, on or
before the first day of February, eighteen hundred and seventy-
one, and every commissioner of roads hereafter elected, quality
at the time and in the manner prescribed for the qualification
of township officers; and shall, at the time of his qualification,
or, if he shall already have qualified, give bond, with good per-
sonal security, in not less than two thousand nor more than
five thousand dollars.

Ҥ 7. That the commissioner of roads shall have charge of
all the roads in his tow nship. His duties shall be to see that
all the roads in his township are of the proper width, and, in
all cases where they are not, to notify the person 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 remove the fencing or
other obstruction, and may recover the expenses, with cost,
from the trespasser, upon judgment of a justice of the peace.
He shall examine the roads in his township twice in each year,
in the months of May and October, and see that roads ard
bridges are kept in good repair by the overseers and contrac-
tors; and if he shall find any overseer or contractor delin-
quent, 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.

Ҥ 8. That at the meeting of the township board in January,
eighteen hundred and seventy- one, as provided by section
three of this act, the said board shall proceed to appoint over-
seers for each district, who shall enter upon the duties of their
office at once, and shall continue until their successors are
elected and qnalified.. The commissioner of roads for the
township, and the overseer of the district, shall let to contract,
at public letting, to the lowest and best bidder, for a term of
three years (except in 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 hand bills, posted i in at least three places in each road
district. The specifications of such contract shall be such as
will eftectually 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 main-
taining of sufficient 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 price shall, in no case, ex-
ceed the estimate made by the overseer and commissioner of
roads.

Ҥ 9. That it shall be the duty of the said road commissioner
and the district overseer, within thirty days preceding the day
of public letting as directed in the preceding section of this
ct, (and within the same period of time preceding the expi-
~tion of each and every term of years thereafter,) to lay out
mad divide the public roads and highways in the said town-
hip into sections, not exceeding two miles in length, which
ey shall number and describe in a book kept for the purpose.
“hey shall also distinctly specify therein what they deem ne-
easay for the improvement and keeping in good repair the
aid public roads and highways, with an estimate of the amount
£ money which it will require to improve and keep in repair
ach and every section of the said roads, respectively, for the
erm of years approved of and designated as provided for in
ection seven of this act. The road bodk herein provided for
hall be returned to the township clerk and preserved by him,
nd shall be open to the inspection of any citizen of the
ounty.

“< § 10.. Each contractor shall sign his name, in a book to be
cept for that purpose by the commissioner of roads, to a con-
.ract, embracing all the specifications in relation to the roads
-omtracted for by him, as provided for by the eighth section of
-his act, as well as the contract price, the length of time con-
wracted for, and the number and description of sections con-
practed for. All contractors and overseers shall give bond and
security, in such sum as the township board shall deem sufii-
clent, 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 no-
tice 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
township, from the contractor and his securities, as other debts
are recoverable. —_— :

Ҥ 12. That if any section remain unlet by reason of there
being no bidder, or the amount offered be deemed unjust, the
commissioner of roads and overseer for 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
in case there be no contract, the overseer of the district shall
take charge of the road or section and make or keep it in re-
pair, and for that purpose may employ such number of labor-
ers, teams, wagons, plows, as may be necessary, and a just al-
lowance shall be made for the labor, teams, plows, and other
implements, which may be furnished by private individuals.
Such allowance not to exceed that paid by the county for like
services immediately prior to the passage of this act, and a
day’s work to be fixed at ten hours. ,

Ҥ 13. That every petition for a new road, or to lay out,
open, alter, or change a public road, must be first presented to
the commissioner of roads of the township in which the road
is, who shall endorse thereon his approval or disapproval of
the same, and his reasons therefor; which petition shall be laid
before the county court at its next term in open court, and the
court shall appoint three discreet freeholders to view the
ground for any new road, or of proposed change. The county
surveyor shall 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 modifications of the
route.

Ҥ 14. 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 meet-
ing. The viewers, before they proceed to discharge their du-
ties, shall be several!y sworn by the commissioner of roads, or
some other person authorized to administer oaths, to perform
their duties impartially and to the best of their judgment. If
they decide that there is public necessity for the road or change,
they shall lay out the same, having respect for the shortest dis-
tance and the best ground, and so as to do the least injury to
private property, and also, as far as practicable, to be agreea-
ble to the petitioners. They shall assess the damage done to
land through which the road passes, taking into consideration
the advantage to be derived trom the road passing through
the land, and shall report in writing to the next term of the
court; but in no case shall any yard, garden, orchard, or any

art thereof, be taken without the consent of the owner.

Ҥ 15. That when any contractor shall die or remove from
his district, and shall bave fully complied with the conditions
of his contract to the date of his death or removal, the com-
missioner of roads and overseer may release the said contrac-
tor from his contract, and shall let the sections for the remain-
der of the term in the same way and on the same conditions
as at the first letting.

Ҥ 16. That the court shall examine the amount of damages
assessed, and if satisfied the public interest will be subserved
by its payment and the opening of the road, or the proposed
change, shall approve the report, and order the damages to be
paid by the township or townships through which the road
may pass, in such proportion as the damages may have been
assessed in the said township respectively; but upon the re-
turn of the report of the viewers, the proprietors and tenants
of lands upon which said road will be if established, shall be
summoned to show cause against said report, and any proprie-
tor or tenant of lands on which said road will be if established,
may enter himself a defendant party defendant to said peti-
tion, after which the same proceedings shall be had as under
the general road law of the state, upon the return of the re-
port of the commissioner of roads: provided, that the viewers
and surveyor shall be paid out of the county treasury.

Ҥ17. That the county court shall, at the time when any
new road is established, direct what width the road bed 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 feet.
Ҥ 18, That the court may, at its discretion, grant a second
or third review; the viewers and county surveyor to be paid
a sum not less than one dollar and fifty cents per diem, to be
paid as provided for in section sixteen of this act.

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

Ҥ 20. That in case of a road on a line dividing two town-
ships, the commissioners of roads of the townships shall divide
the said road between such townships in such way as will equi-
tably divide the expense, if they can agree, and in case they
cannot agree, the county court shall divide the same, and di-
rect what part of said road shall be opened and kept in repair
by each township.

Ҥ 21. That under direction of the commissioner of roads,
the overseers shall erect at all points where roads cross, or in-
tersect, or diverge from each other, suitable indicators, show-
ing the next most prominent place on the road, and the dis-
tance; a failure to conrply with this provision shall be punished
by a fine of not less than five dollars for each offence, and any
person who defaces, removes, or in apy way injures any indi-
cator, shall be subject to a fine of five dollars, to be recovered
by the commissioner of roads upon judgment of a justice of
the peace; and any overseer or contractor shall have power to
enter upon any lands adjoining his road or section to make
necessary repairs, drains, or ditches.

Ҥ 22. That the township board shall, annually, in the month
of July of each year, lay a road tax, not exceeding thirty
cents on the dollar of the amount of state revenue, and a like
per centage on licenses within the townsbip, as adjusted for
the state and county tax; and shall cause a book to be made
up by its clerk, extending taxes against all property and per-
sons in the township levied for road purposes, a copy of which
book shall be filed and preserved in the office of the clerk, and
another copy delivered to the township collector.

Ҥ 23. That the township collector shalt collect the road tax
and pay the same over to the commissioner of roads. He
shall be charged with the full amount of the road tax levied
for the year, and credited by all sums paid over in money or
otherwise, as herein provided. He shall, in the month of July
of each year, give notice, by posting hand bills in each road
district, to the tax payers, requiring them to call on him to
pay their road tax. Such as shall make payment on or before
the first day of October thereafter, shall be entitled to a de-
duction of five per centum. The collector shall receive, as
equivalent to money, all accounts for labor, teams, wagons,
plows, materials furnished, or for service rendered in any way,
when properly certified to by the commissioner or overseer,
aod the same shall be receipted for by the commissioner as if
paid to him in money.

Ҥ 24. That if any person shall neglect to make payment of
road taxes until after the first day of November, the collector
shall make out a list of delinquents, and of the amount of taxes
due from each, and shall collect as now provided by law for
the collection of state taxes.

““§ 25. That the township board shall, annually, on the first
Monday in June, audit, adjust, and settle the accounts of the
collector of the preceding year. They shall charge the col-
lector with the full amount of the road tax levied in the town-
ship, and shall credit him by his commissions, insolvents, and
all payments made by him to the road commissioner for which
he has proper receipts. He shall receive a commission of
three per centum on the whole amount collected by him.

Ҥ 26. That upon the petition of fifty freeholders of each
township, 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 township, marking the location of towns,
stores, mills, post offices, churches, school houses, and other
prominent objects, indicating beds of minerals; all the map-
pings to be completed in three years from the first of January,
eighteen hundred and seventy-one. ~

Ҥ 27. That the compensation shall be fixed by the board of
supervisors, and shall not exceed two dollars per diem for the
time actually employed.

Ҥ 28. That the price of the map on rollers shall not exceed
five dollars, 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: provided, the price of the same
shall: be fixed by the board of supervisors.

Ҥ 29. The general road law of this state, except so far as
the same is in conflict with this act, shall be in force in the
county of Loudoun.

Ҥ 30. All acts inconsistent with this act are hereby repealed.

Ҥ 31. This act shall be in force from the first day of Janu-
ary, eighteen hundred and seventy-one.”