Chap. 87.—An ACT to amend and re-enact an act entitled an act for
Working the Roads of Loudoun County, passed 1856, and to repeal
certain acts amendatory thercof.

Approved February 2, 1875.

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

2. That for each magisterial district in the county of Lou-
doun there is hereby created and established a board, con-
sisting of the supervisor, a commissioner of roads, and one
of the justices of the peace for each district, which board
shall have the exclusive control of tho roads, bridges and
ferries within its limits, and all taxes levied for road pur-
poses, and for building and repairing bridges, shall be ex-
pended in said magisterial district, except as hereinafter pro-
vided. The justice of the peace constituting a member of
said board shall be chosen and designated by the three
justices of the peace elected and commissioned in the several
magisterial districts, and the commissioner of roads shall be
elected by the people as hereinafter provided. The desig.
nation of the justice who is to serve on said board shall be
in writing, and shall be preserved and recorded by the
board of commissioners of roads. The board hereby cre-
ated and constituted is declared to be a body politic and cor.
porate, and shall be known and designated as The Board
of Commissioners of Roads for Magisterial District.

3. That the sub-road districts, as now laid out and de-
scribed by metes and bounds, within the lines of the old
townships, shall remain as they now are, unless and until
they shall be changed by said board.

4, That annually there shall be appointed by the said
board, not later than the fourth Saturday in’ May in each
year, one overseer of roads for each sub-road district, whose
term of office shall be for one year, beginning on the first
day of July succeeding his appointment. He shall reside in
the district for which he shall have been appointed, and shall
have charge of the roads of his district. If any sueh over-
seer refuse to serve after being appointed, or fail to work the
roads in his district when directed by the road commission-
er, he shall be liable to a fine, on presentment by the grand
jury, not exceeding fifty dollars; but any person, after being
overseer for two consecutive years, may give up his office on
producing a certificate to the board, from the road commis-
sioner, or other satisfactory evidence that the roads in his
district are in proper order; and he shall not, within two
years thereafter, be appointed overseer without his consent.

5. That his duties shall be to see that the roads in his dis-
trict are kept in good repair, that the bridges are in a safe
condition, that the roads are kept free from obstructions,
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 board
of commissioners of roads. His compensation shall be one
dollar and fifty cents per diem for each day actually em-
ployed. ;

6. That annually at the regular election, on the fourth
Thursday in May, there shall be elected in each magisterial
district, according to the provisions of the general election
law, one commissioner of roads, whose term of office shall
be for one year, beginning on the first day of July next suc-
ceeding his election; he sholl reside in the district for which
he is elected. Each commissioner of roads thus elected shall
qualify at the time and in the manner prescribed for the
qualification of magisterial district officers; and shall at the
time of his qualification, or if he shall already have qualified,
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 the roads in his district are of the proper
width, and in all cases where they are not, to notify the per-
son 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 ex-
nses, with costs, from the trespasser, upon judgment of a
justice of the peace. He shall examine the roads in his dis-
trict twice in each year, in the months of May and October,
and see that the roads and bridges are kept in good repair
by the overseers 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 pay-
ment therefor, as provided in section eleven of this act, but
if upon such examipation he 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 have
offset against bis 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 such
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 discharging 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: provided however, that persons applying for a new
road, or to lay out, open, alter or change a public road, shall,
when the same is rejected, be charged with the per diem com-
pensation of the commissioner of roads.

8. That the commissioner of roads for the district, and the
overseer 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 case of a new road, then it shall be let un-
til 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 in at least three places in each road
district. The specifications of such contract shall be such as
will effectually open new roads, and conatantly keep in re-
pair and clear of all impediments to safe and convenient
travel, all public roads; and they shall embrace the makin
and maintaining of sufficient bridges over such streams and
ravines as may need them; and in every case, except moun-
tain 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 exceed the estimate made by the overseer
and commiasioner 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 expira-
tion of each and every term of years thereafter), to lay out
and divide the public roads and highways 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 respect-
ively, 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 sec-
tion of this act, as well as the contract price, the length of
time contracted for, and the number and description of sec-
tions contracted for. All contractors shall give bond and se-
curity in such sum as the board shall deem sufficient, in a
pena ty not less than twenty-five dollars nor more than dou-

le 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 sec-
tion, and if the complaint is well founded, shall give imme-
diate notice in writing to the party to make or put his road
or section in repair according to law, or as the contract re-
quires; and upon his failure to do so, the overseer shall pro-
ceed to put the same in order, and the expenses thereof, with
costs of suit, shall be recovered by the commissioner of roads
in the name of the board, from the contractor and his secu-
rities, as other debts are recoverable.

12. That if any section remain unlet by reason of there
boing 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 in case there be no contract, the overscer of the
district shall take charge of the road or section, and make or
keep it in repair, and for that purpose may employ such
number of laborers, teams, wagons, and plows as may be ne-
cessary, and a just allowance 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 shall be fixed at ten

ours.

13. 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 disap-
proval of the same, and his reasons therefor, which petition
and commissioners report shall be laid before the county
court at its next term, in open court, and the court shall ap-
point three discrect freeholders to view the ground of any
new road or of proposed change ; the county or otber com-
petent surveyor shall accompany the viewers, and if neces-
sary, survey and map the road. The wholo number of view-
ers 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. :

14. That notice of the time and place when the viewers
shall meet, shall be given in some public manner in the
vicinage ot the proposed road at least five days before the
time of meeting. The viewers, before they proceed to dis-
charge their duties, shall be severally sworn by the commis-
sioners of roads, or some other person authorized to admin-
ister 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 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 shall assess the damage done to land through which
the road passes, taking into consideration the advantage to
be derived from the road passing through the land, and shall
report in writing to the next term of the court, but in no
case shal any yard, garden, orchard, or any part thereof, be
taken without the consent of the owner.

15. That when any contractor shall die or remove from
his district, and shall have fully complied with the condi-
tions of his contract to the date of his death or removal,
the commissioner of roads and overseer 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 samo
conditions as at the first letting. |

16. That the court sball 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 pro-
posed change, shall approve’ the report, and order the
damages to be paid by the magisterial district or districts
through which the road may pass, in such proportion as the
damages may have been assessed in the said districts, re-
spectively; but upon the return 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 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 pro-
ceedings shall be had as under the general road law of the
state, upon the return of the report of the commissioner of
roads: provided, that the viewers and surveyor shall be paid
out of the county treasury.

17. 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.

18. That the court may, at its discretion, grant a second
or third review; the viewers to be paid the sum of 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
doeket, in which all proceedings in regard to roads in the
county court shall be kept of record. .

20. That in ease of a road or a line dividing two magiste-
rial districts, the commissioners of roads of the adjoining
districts shall divide the said road between such districts in
such way as will equitably divide the expeuse, 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 magisterial district.

21. That under the direction of the commissioner of roads
the overseers shall erect, at all points where roads cross or
intersect, or diverge from each other, suitable indicators,
showing the next most prominent place on the road, and the
distance; a failure to comply with this provision shall be
punished by a fine of not less than five dollars for each of-
fence; and any person who defaces, removes, or in any way
injures any indicator, 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.

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 thirty cents on the
dollar of the amourt of state revenue, and a like percentage
on licenses within the district, as adjusted for the state and
county tax, and shall certify the amount neeessary to be
raised, to the commissioner of the revenue, and he shall ex-
tend the taxes against all property and persons in the dis-
trict levied for road purposes, a copy of which shall be re-
turned to the clerk’s office of the county court; and from
the said copy so returned, the sheriff shall make out. his
books for the collection of said tax.

23. That the sheriff of the county shall collect the road
tax, and pay the same over to the commissioners of roads of
the several districts. He shall be charged with the fall
amount of the road taxes levied for the year, and credited
by all sums paid over in money or otherwise, as horein pro-
vided. He shall, in the month of December of each year,
give notice, by posting hand-bills in each road district, to
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 March thereafter, shall be entitled to a deduction of five
per centum. The sheriff shall receive, as equivalent to mo-
ney, all accounts for labor, teams, wagons, plows, materials
furnished, or for services rendered in any way, when pro-
perly 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 com-
missioners of roads on the first Monday in June of each
year, or as soon thereafter as the said board shall meet, and
account for all moneys received by him from the sheriff 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 if any person shall neglect to make payment of
road taxes until after the first day of March, the sheriff shall
make-out a list of delinquents, and of the amount of taxes
due from each, and shall collect them as now provided by
law for the collection of state taxes. ¢

25. That the board of commissioners of roads shall an-
nually, on the first Monday in June, audit, adjust, and settle
the accounts of the sheriff for the preceding year. They
shall charge the sheriff with the full amount of the road tax
levied in the district, and shall credit him by his commis-
sions, delinquents, and all payments made by him to the
commissioner of roads, for which he has the proper receipt.
He sbal!l receive the same per centum for collecting road
taxes as for collecting the state revenue.

26. Any person or persons causing water to be diverted
from its natural course and conveyed across a public high-
way, 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 commis-
sioner or overseer of roads shall notify such person or per-
sons that his or their bridge 1s unsafe, and such person or

ersons shall fail to make the necessary repairs, he or they
shall be held responsible for all damage, 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 said repairs and require such party or parties tO pay
all costs thereby incurred, which costs may. be recovered
before a justice of the peace or court of competent jurisdic-
tion.

27. That upon the petition of fifty freeholders of each dis-
trict, 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 magisterial district, marking the
location of towns, stores, mills, post-offices, churches, school-
houses, and other prominent objects, indicating beds of
minerals; all the mappings to be completed in three years
froin the first day of January, eighteen hundred and'seventy-

ve.
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 dollars, and that each person whose levy for map pur-
poses 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.

30. 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.

31. That an act passed February, twenty-eighth, cighteen
hundred and fifty-six, entitled an act for working the roads
of Loudoun county,eand an act in force January fourteenth,
eighteen hundred and seventy-one, entitled an act to amend
and re-enact an act passed February twenty-eighth, cighteen
hundred and fifty-six, and an act in force March twenty-
sixth, eighteen hundred and seventy-two, entitled an act to
amend an act entitled an act to amend and re-enact an act
passed February twenty-eighth, eighteen hundred and fifty-
six, and an act to amend sections four, twenty-three, and
twenty-five of an act, in relation to working the roads in
Loudoun county, are hereby repealed.

32. All incumbents of offices, under the special road law
now in force in Loudoun, will continue in office and dis-
charge the duties of the same until their successors are duly
elected, appointed, and qualified under the provisions of thia
act, and all contracts made in pursuance of laws now in force
for working the roads of Loudoun county, shall remain in
full force and effect.

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

’