CHAP. 261.—An ACT to work and repair the public roads in the
county of Grayson.

Approved February 17, 1890. |

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

2. There shall be a commissioner of roads for each
magisterial district in said county, who shall be appointed
by the judge of the county court at the March term next,
eighteen hundred and ninety, and every four years there-
after. Said commissioners shall qualify before said court,
and execute such bond as the judge thereof shall require,
and the said commissioners shall constitute the road board
of said county.

3. The commissioners shall meet in each district as
soon as convenient and lay off all of the roads into pre-
cincts, clearly designated, and as nearly equal as practi-
cable as to the work and convenience of hands, and each
precinct in said district shall be numbered one, two, three,
and so on.’

4. For each precinct the board shall recommend to the
court a suitable person as overseer of each precinct, which
the court shall appoint, unless good cause be shown
why such appointment should be refused; and the said
board shall allot the hands to each precinct who are liable
to work on roads, as hereinafter provided, and the hands
thus assigned shall be as nearly equal to the character
and magnitude of the work as may be, and regard to con-
venience of overseer and hands shall be duly considered
by the said board, and they shall report to the court the
hands so assigned to each precinct.

5. All male persons in each road precinct who are able-
bodied and between the age of sixteen and sixty years,
and who have not been or may hereafter be exempted by the
court, shall be compelled to work on roads two days in each
year when warned by the overseer of the precinct to which
they belong, except licensed ministers of the gospel.

6. The commissioners shall hold their office for the term
of four years from the date of their appointment, and ten
hours shall constitute a day’s work; and if any person be
notified to attend and work as required by the overseer,
with such tools as he has been notified to bring, upon the
day he 1s warned, or when any hand fails to do a good,
fair day’s work, or shall fail to appear and do said work
in ten days after he was warned, unless good and sufficient
cause be shown, he shall be fined one dollar for such fail-
ure by the overseer of his precinct, which shall be col-
lected by said overseer and expended in work in the said
precinct. Said overseer shall make out an account against
the said party and place the same in the hands of any
constable or sheriff of said county, and the same shall
have the same force as a tax-ticket due the common-
wealth. The said officer shall make return of the same
in thirty days after he receives the same, and if he fails
to make such return he and his sureties shall be liable
for the same, which he may collect by recovering judg-
ment before a justice after five days’ notice by said over-
seer, and in his name. If the same is returned by the
officer to the clerk’s office as delinquent, it shall be the
duty of the court to issue a capias profine against the
said party and place the same in the hands of such officers
as aforesaid, who shall proceed to arrest the said party
and place him under the overseer, who shall see that he
works out the fine and the costs, which costs shal] be the
same as allowed by law on an indictment for a misde-
meanor, with an additional fee of twenty-five cents to the
collecting officer. If the party refuses to do the work he
shall be confined in the jail of the county.

7. Each overseer shall cause the roads to be kept clear
of loose rocks, and secure from the falling of dead or dan-
gerous timber; from gates unlawfully kept up, and other
unlawful obstructions; of the required width, and well
drained; when necessary and practical, a sufficient bench
or foot-log across streams for the acommodation of foot
passengers, and when the grade exceeds five degrees it
shall be put on a new location, if practical, or as may
seem best by the commissioner of the district.

8. Any pverseer failing to have his roads worked as
required by this act as soon after his appointment as prac-
tical shall be liable to indictment, and on conviction
thereof shall be fined not less than five nor more than
thirty dollars, which shall, when collected, be turned over
to the road fund. .

9. When it becomes necessary for the overseer of any
road precinct to have teams and plows to enable him to
work his precinct, or wagon, he shall apply to the commis-
sioner of roads in the district, and it shall be the duty of
the commissioner to hire the same at a price not to exceed
one dollar and fifty cents per day for ox team and two
dollars per day for horse team, with drivers, which sum
shall be allowed and paid out of the road fund of the dis-
trict.

10. All persons recommended and appointed as over-
seers of precincts shall be compelled to accept and act
unless for good cause shown to the court; but if any
person js so recommended and appointed shall not be lia-
ble to work on the road, he shall not be compelled to
accept, and the said overseer shall serve for the term of
two years, unless released by the court for good cause
shown; but if they desire to be released at the end of two
years, they shall notify the commissioner, and it shall be
his duty to report the fact to the court and recommend
another suitable person in his stead; but before he shall
do this he shall ascertain that the overseer has worked the
number of days required of him, and that his road is in
good repair, a8 required to be kept by this act.

11. The county court may at any time, for good cause
shown, remove any commissioner or overseer as the best
interest of either district may demand.

12. It shall be the duty of the board of supervisors of
the county, at their next regular meeting, and annually
thereafter, to lay a levy on the assessed value of all prop-
erty, real and personal, of not less than five nor more than
twenty cents on the one hundred dollars value thereof,
Which shall be collected by the treasurer of the county as
other taxes are collected, except he shall keep the same
separate from other funds, and the sum collected for each
road district also separate, and he shall turn the same over
to the commissioner of roads in each district and take
their receipt for the same, which shall be a voucher for
him in his annual settlement with the board of supervi-
sors, and the said commissioner shall apply the same to
the roads in his district—first to the main thoroughfares
in his district, and to the repairing or building of bridges,
blasting rock, et cetera.

13. Any person may pay his tax in work on the road by
applying to the commissioner of the district and working
on the road designated by said commissioner, at the rate
of ten hours per day, and the said commissfoner shall
receipt to the treasurer for the amount of said tax so
worked out.

14. And the said commissioner of each district shall
report annually to the board of supervisors the amount of
road funds received by him, in cash or work on roads,
and how he has applied the same; and if he shall be
found at any time in default as to any part of said road
fund, the same may be recovered in the name of the super-
visors of the county against him and his sureties before
the county court of said county, after ten days’ notice; and
it shall be the duty of the attorney for the commonwealth
of said county to prosecute all actions for the board with-
out additional compensation.

15. It shall be the duty of the commissioner of the rev-
enue of each district in said county to extend the road
levy on their books without any additional compensa-
tion.

16. Any commissioner or overseer, sheriff or constable
failing to perform any duty required of them under this act
may be summarily proceeded against in the county court,
and on service of a rule against any party for such failure
may, on hearing, be fined not-exceeding twenty dollars for
each failure of duty. Any such rule may he mnade by the
court on its own motion. When a party has been pro-
ceeded against on such rule he shall not be indicted for
the same offense. Any such rule as aforesaid may be
heard and determined at any term of the court.

17. When any person applies to the court of the 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 shall direct the commis-
sioner of roads in the district in which the same is pro-
posed to be established or altered to view the road or
ground and report to the court the convenience or incon-
venience that will result as well to individuals as the
public of such road, landing, or alteration shall be estab-
lished as proposed, and especially whether any yard, gar-
den, orchard or any part thereof, will in such case have to
be taken. Thecommissioner shall particularly report the
facts and circumstances, in his opinion, useful to enable
the court to determine the expediency of establishing or
altering the road or landing. He may examine other
routes than that proposed for any road, and report in
favor of the one he prefers, and his reasons for the pre-
ference. He shall report the names of the land owners
on such route, and:state which of them require compensa-
tion, the amount, and the amount, in his opinion, they are
damaged, and any other matter he may deem pertinent.
A map or diagram of such route shall be returned with
his report. If the commissioner be not a surveyor he
shall procure one, if necessary, and pay him not exceeding
one dollar and fifty cents per day.

18. Upon the report, unless the opinion of the court be
against establishing, or altering the road, or landing, it
shall award process to summon the proprietors or tenants
of the lands on which it will be established to show cause
against the same. The summons shall be executed on
such of them as are in the county, and on any agent or
attorney of any proprietor not within the same, 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 newspa-
per of general circulation for four weeks successively, to
appear and show cause against the same, the cost of such
publication to be paid as the court may direct, but not to
exceed the cost of publication now prescribed by law.
Personal service of said summons on anon-resident of the
state may be made in the mode prescribed by the court.

19. 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 ac-
cept what it deems just, it may determine the matter; but
if either of the parties claiming damage desire it, the court
shall appoint five disinterested freeholders of the county,
any three of whom may act, for the purpose of ascertain-
ing a just compensation for the land to be used for such
road or landing. Said freeholders shall meet on the lands
of such proprietors or tenants as may be named in the order
of court on a day therein specified, of which notice shall
be given by the sheriff tosuch proprietors and tenants, their
agents or attorneys, except it need not be given to any
present at the time of making the order. Any one or more
of said freeholders attending on the land as aforesaid may
adjourn from time to time until the business shall be
finished; in all other respects the commissioners shall be
subject to the general road law of the code of Virginia.

20. When the return of the commissioners shows that
the sum allowed as compensation to any proprietor or
tenant is not more than the court, before making the
order appointing such commissioner, had consented to
allow him, such proprietor or tenant shall be adjudged
to pay the costs occasioned by such order; and it shall be
the duty of the court in all such cases, before it appoints
the freeholders, to make to the proprietors or tenants an
offer in damages.

21. 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 a town without the consent of
the proprietors thereof, or through the lands of any ceme-
tery, or through the lands of any seminary of learning with-
out the consent of the owners thereof or the corporate
authorities.

22. If an applicant for any new road, alteration, or land-
ing fails to establish the same as a public convenience, he
shall pay the costs of such application. If the same is
established as convenient for individuals only they shall
pay all damage and cost on same.

23. Sections nine hundred and fifty-nine, nine hundred
and sixty, nine hundred and sixty-one, nine hundred and
sixty-two of the code of eighteen hundred and eighty-seven
shall be the law in all respects for the said county of Gray-
son.

24. The supervisors may allow the overseers of road pre-
cincts one dollar per day for one-half of the number of
days they are actually engaged in the discharge of their
duties under this act, but it shall not exceed five dollars in
a year, to be paid out of the fund in each road district by
the said commissioner of each district.

25, Where public roads are dividing lines between mag-
isterial districts the commissioner shall divide the same
equally between the said districts as to them may seem
best.

26. It shall be the duty of the court, when a new road
is established, or an alteration, to direct the commissioner
of roads in the district to cause the same to be opened,
and it shall be the duty of said commissioner to proceed
to have such road opened, and he shall notify all overseers
of precincts to notify their hands to appear on such days
designated by the said commissioners, with proper tools,
and perform said work; but they shall not be compelled
to work more than three days on any new road in each
year, or to travel over four miles distance if the same can
be avoided; and the said commissioner shall superintend
the work unless prevented; if prevented, he shall desig-
nate one of said overseers to superintend the same, whose
duty it shall be to do so, subject to the penalties pres-
cribed by this act against overseers. When the road is
completed the said commissioner shall report the fact to
the court. When said report is received and confirmed,
the court shall! direct the commissioners to have the same
kept up, and said commissioners shall allot hands to keep
the same in repair, and recommend to the court a suitable
person as overseer, and so forth.

27. The commissioner of roads in each district shall
receive a compensation of one dollar per day for each day
he is actually engaged in the discharge of his duties under
this act; but he shall not receive more than seventy-five
dollars in any year. He shall present an itemized state-
ment to. the board of supervisors showing the days he was
actually engaged, sworn to be correct. The board shall
direct the same to be paid out of the district fund or allow
the same as a credit to said commissioner when they settle
with him annually.

_ 28. All the general road laws not in conflict with this
act shall be in force in the said county of Grayson.

29. It shall be the duty of the county court to give a
liberal construction to this act so as to have the same fully
executed and carried into effect.

30. All acts or parts of acts, and all special road laws
passed for the county of Grayson, which are in conflict
with this act, are hereby repealed.

31. This act shall be in force from and after the first
day of March, eighteen hundred and ninety.