Chap. 264.—An ACT to provide for working and keeping the public
roads in order in Prince Edward county.

Approved March 3, 1879.

1. Be it enacted by the general assembly of Virginia, That
the several magisterial districts of Prince Uidward county shall
be each a separute road district; and it shall be the duty of
the board of supervisors of said county, at their first meeting
after the passage of this act, and anmually thereafter, at their
regriar meeting on the first Wednesday in November, to ap-
point one road commissioner for each magisterial district, who
shall hold his office until the first day of January of each year,
or until his successor is appointed and qualified. Said com-
missioners shall qualify by taking the oath of office prescribed
by the general laws, and enter into bond with such security
and in such penalty as may be required and approved by said
board of supervisors for the faithful performance of their duties.
And if by reason of death, resignation, removal, or refusal to
serve. a vacancy shall occur in the office of said road commis-
sioner of any magisterial district, the said board of supervisors
shall, at their meeting next succeeding said vacancy, appoint
some suitable person to fill the unexpired term of the road
commissioners so vacated.

2. ‘The supervisors of the magisterial district, the road com-
missioner appointed as ahove for said district, and such justice
of the peace within said district as they may select, shall con-
stitute a board of road commissioners for said district; the
supervisor as aforesaid to be chairman of said board. ‘They

shall, as soon as organized, appoint one of their number to aet
as clerk, who shall give bond, to be approved by said district
board, in the penalty of not less than two hundred dollars, con-
ditioned for the faithful performance of his duties.

3. Said district hoards shall meet each within their respective
districts as soon as practicable, and if necessary, re-district
the roads into sub-districts. or adept the same as now divided ;
and it shall be the duty of each board to appoint annually an
overseer of roads for each sub-district, who shall hold his office
until the first day of January of each year, or until his sueces-
sor is appointed and-+qualified. The said overseer of roads
shall be a resident of the sub-district for which he is appointed,
who shall gualify before entering upon tne duties of his office,
by taking the oath of office prescribed by law, before one of
the justices of the magisterial district, or before the chairmen
of the board of said commissioners, who is hereby authorized
to administer the same; and shall enter into a bond, with a
penalty to be prescribed by the board, but not less in any case
than double the amount and value of any property and money
which will probably come into his hands during the year, con-
ditioned that he will account for such property and money that
pass into his hancs as such overseer, and in all other respects
faithfully discharge the duties of his office; such bond shall
be acknowledyed before a justice or chairman of the board,
with sureties to be approved by at least two of the members of
said board, returned to the clerk of the board of supervisors,
and kept by him with other records of his office.

4, There shall be regular meetings of the district board on
the first and fourth Mondays in October of each year. At the
meeting on the first Monday in October, the several overseers
of roads shall make their reports and statements of accounts.
The board shall proceed to audit and settle the same, and if
not completed in one day, may adjourn from time to time until
all accounts are audited. Said accounts, when allowed by said
district board, shall be entered up in a book kept for that pur-
pose by the clerk of said board in the name of each party,
amount due, and properly numbered; and for settlement of
same, warrants shall be drawn, number, name and amount as
above mentioned, plainly set out therein, upon the county treas-
urer, signed by said clerk and countersigned by chairman of
said board. At the mecting on the fourth Monday in Uetober,
the said board shall appoint the overseers of roads for the sub-
districts within their district for the ensuing year; shall also
select a clerk, each of whom shall qualify as aforesaid. They
shall also at this meeting make an estimate of the amount of
tax necessary to be levied upon all property, real and per-
sonal, of the magisterial district assessed for the state reve-
nue, to be made from the last returns of the commissioners of
revenue, to pay the expenses of keeping all the public roads
within their district in good repair, and of such width and con-
dition as may be required by law, not to exceed five cents on
the one hundre? dollary’ valuation of taxuble property; whien
estimate they suall reauire the clerk of said board to lay before
the county board of supervisors on the first Wedneslay ia No-
vember. ‘The said district board may also, at their meeting an
the fourth Monday in Oeteber, transact any unfinished brsi-
ness from former boards or meetings, and such other bu-iness
relating to pnblic reads within their disfrict as they inay deem
expedient, not inconsistent with this act.

5, Special meetines of the district board may be called by
the chairman, upon the application ef any two of its members,
for the transaction of any business necessary and proper te he
done by the board; and any vavaney in the office of clerk or
overseer of any sub-district may be filled at any meetimy of the
board.

6, All male persons in such sub-district shall be enrolled by
the overseer for that district, and compelled to work on sonic
public road therein two days tn each year, with the following
exceptions, namely: persons under sixteen and over sixty
years of age: all ministers of the gospel; persons who reside
in a town that keeps its strects in order, and provides for its
poor; and any person who bas lost a leg or an arm. Any other
person who is otherwise disabled, may be exempted on certill-
cate of the county court of such disability. <A list of persons
so appointed to work on the public roads, shall be made out in
alphabetical order, and filed by the overseer with the clerk of
the district board,

7. At such times as the overseer may judge most suitable,
he shail notify all persons in his sub-district, liable to road
duty, of the day on which be requires them to werk on the
road, Every person liable to road duty shall, either in person
or by an able-bodied substitute not less than sixteen years of
age, when required by the overseer of his district. attend with
such teams, wagons, carts, scoops, or ofher implements, if he
have them, and work the roads on such days (not exceeding
two) as the overseer may direct. The averseer shall keep a
strict account of all credits due any person for service rendcred
in accordance with the schedule furnished by the board of snyper-
visors; and shall give a certificate, when so requested, to any
persons entitled thereto, showing such credits.

8. For every day on which there may be a failure to work
by any person liable to road duty, one dollar shall be paid as
fine to the overseer of his road district by the person in defanit,
if a person or full age; or if he be a minor, by his parents or
guardians, If the money be not so paid, it shall be recovera-
ble by the overseer, with cost, hefore a justice, and said justice
shall issue a writ i. fier! facias for the ainount and cosf; which,
wien collected, shall be paid to the said overseer or bis ste-

x cessor, Any money received by an overseer under this section,
after payment of cost, shall be applied to the working of roads.
witbin his district, and shall be accounted for by him to the
distriet board.

9. Every overseer shall cause the roads under his charge to

lhe kept clear and smooth, free from loose rocks, from gates an-
lawfully Kept uy, and other obstructions, of the required width.
well drained, bridves safe und otherwise in good order. Le
shall also cause all dead timbers liable to fall in the road to be
removed. Ile shail, wnen divected by the district board, keep
at the tork or crossing of every road, a sign-board, on which
shall be plainty let‘eor ed the most notad e points to which each
point leads; and across each stream, where it is necessary and
practicable, a snfticient bridge, bench or loz, for the accommo-
dation of foot passengers, and a bridge for vehicles and torses.
ife shall also, if directed by the board, provide suitable water-
ing-places on the lines of roads under his charge, for the accom-
moat’ on of stock and persons.

10, Baga overseer shail reccive for bis services such per diem
as mav be tirxed by the board, not to exceed two dollars per
day for each day actually and necessarily employed in the dis-
charge of his antics; but no compensation shall be allowed
any overseer whose roads have not been inspecied and approved
by the roal commissioner of the mao sterial district in which
his sab-aistrict 1s located; right, however, is herein reserved to
the overseer fo appeal from the decision or action of sa.d rood
commissioners to the district board—wherenpon the said dis-
trict board shall appoint two or more disinterested freelolders
to inspect the road or roads in dispute, ant report their actien
at the meeting on the fourth Monday in Oviober, the report of
said freeholiers to be accepted by all parties as final.

il. At the meeting of the district board on the first Monday
in October, the overseer shall render an accurate account to the
board of all fines imposed, collected, and expended by him, and
what persons are delinquent, and for what sums: what perseus
are entitled to pay, and how much for labor, teams, implements,
and materials, and how much, in his opinion, it will require to
keep the roads in his district in order the ensuing year, and
make such Improvements as may appear advantageous. Said
overseer shall have credit, m bis settlement, for all receipts of
constables for fiucs placed in their hands for collection and un-
collected, and the same shall be charged against nis successor ;
buat the board inay at any thne credit such overseer with any
fines that may appear Insolvent, and which the overseer may
make aitfidavit have not been collected by him: provided, tvat
if required by the board the overseer, in any charge for ser-
vice rendered by himself. or his employees, hire of his own teams
and implements, or materials furnished by himself, shall prove
the same by affidavits of two disinterested witnesses, who shall
be tax-payers of his road district, that the said charges are just.
Any overseer of roads who shall fail to perform any duty re-
quired of him by this act shall pay a fine of not less than five
or more than thirty dollars, and may be removed from office by
the board.

12. The overseer and his sureties shall be liable upon his
bond for any failure to account for any property or money in
hands belonging to or due said district, and if he fail to mal:
such settlement as is provided for in the preceding section, «+
fail to account for any property or inoney placed in his hands.
the clerk shall at once notify the clerk of the county board o/
supervisors, who shall place the bend of said overseer in the
hands of the attorney for the commonwealth, who shall suo
upon the same in the circuit or county court for the value of
such property or such sums as may be due for the use of |is
sub-district, and shall be entitied to a fee of five dollars, to be
added in the cost ef the suit.

15. ‘Phe overseer of any sub-district may take from any con-
venient lands, so much wood, stone, gravel, er earth, as may be
necessary to be used in the construction or repairing of such
roads, or any bridee or catiseway thercin: and may, for the
purpose of draining the road, cause a ditch to be cut through
any lands adjominge the same: providing any such weed or
other article be sot taken from, any such ditch be not ent
through, any lot in a town, yard or garden, without the consent
of the owner.

14, If any owner or tenant of any such lands shall think
himself injured thereby, a justice, upon application to him, shal}
issue a warrant to three freeholders of the sub-district, requir-
ing them to view the said lands, and ascertain what is a just
compensation to such owner or tenant for the damage to him
by reason of anything done under the preceding section. The
said freeholders, after being sworn, shall accordingly ascertain
such compensation, and report the same to the district boards,
who shall allow and audit the same ainong claims against said
district.

15. The commissioner of roads shall have under his general
supervision all the roads within his magisterial district; and
he shall, before the first Monday in Oetober of each year, inspect
and note the condition of all reads in his district; the need of
new ones, or alteration in existing ones; the condition of all
bridges, and when new ones are needed : ; give the overseer of
each sub-district a certificate of approval of the work upon their
roads, if their condition justify the same; all of which matters,
with such suggestions as to the future work he may consider
advisable, he shall embody in a report to be made to the board
at its meeting on the fourth Monday in October. Ie shall pass
over and inspect the roads in his district at least twice during
the year; shall advise or suggest to tle overseers any improve-
ment in the roads, or manner of working them, and shall care-
fully note any violation of duty or inefficiency of any road
overseer in his district. He shall receive for his service two
dollars per day for the time actually employed: provided the
total compensation shall not exceed ten dollars for any one
year. Any commissioner of the roads, who shall fail to per-
form any duty required of him by this act, shail pay a fine of
not less than ten nor more than fifty dollars, and may be re-
moved from office by the board of supervisors.

16. The members of the board of road commissioners for
each magisterial district shall each receive for their services
two dollars per day for time actually employed: provided, the
total compensation of each shall not exceed ten dollars for any
one year. The road commissioner, Lowever, to reesive, in
addition to the above, his compels sation as set out in the pre-
ceding section. The clerk of the board shall receive reason-
able additional compensation for extra service rendered, Such
additional compensation shall be fixed by the board, subject to
the approval by the county board of supervisors. The allow-
ance to members of the board of road commissioners andi the
clerk’s exira compensation shall be audited by said district
board among the ciaims against said district,

17. The clerk of the board of road commissioners in each
magisterial district shall forward, a8 scon as approved by the
board, any and all bonds of the oversecr of sub-district to the
clerk of the county board of supervisors. He sball, before the
first Wednesday in November of each year, make out a state-
ment in writing of all claims acainst iis said district, audited
by the said board, the amount of each and to whom due, what
amount remains collected in the hancs of the overseer. and
what amount remains uncollected of fiues, also the amount of
road tax required ly said board to be levied upon real and
personal property within his district for the woi'ing of and
keeping in order the public roads of said district. This state-
ment shail be laid before the board of supervisors at their reg-
ular meeting on the first Wednesday in November of cach vear.
The said clerk shail receive no pay for extra service until the
above statement is made as directed.

18. The county board of supervisors, at their recular meet-
ing on the first Wednesday in November. or at such adjourned
meeting before the annual levy is closed as they may deem
practicable, shall examine all statements of the district boards
Jaid before them, having power to correct any errors that may
be found therein, and shall levy suéeh read tax for the ensuing
year upon each magisterial district as the board of said cis-
trict may require: provided said tax does not exceed the rates
set out la the fourth section of this act In any one district.

19. Lhe elerk of the county board of supervisors shail care-
fully file away and keep with other records of his office all
bonds of road overseers and comuissioners, and other papers
relating to public roads within the magisterial district of his
county that may be delivered to him by the district boards ;
he shall furnish the clerk of each district board a certified
copy of the schedule price adopted by the county board of
supervisors for the hire of laborers, teams, and so forth, and
he shall deliver on or before the first day of February of each
year, to the commissioner of the revenue for said county, a
certified statement of the amount of road tax laid by the said
board of supervisors upon each magisterial district.

20. It shall be the duty of the said commissioner of the re-
yenue when making his assessment of other taxes, to extend
upon his books, opposite the name of each person assessed
with real or personal property therein, in a separate and dis-
tinct column, the amount of road tax for which each is liable,
keeping each district separate; and for this service he shall re-
ceive a compensation not exceeding two and one-half per cen-
tum of the total amount of road tax assessed, payable out of
the county treasury.

21. The treasurer of said county shall enter said road tax,
assessed as provided in the preceding section, upon his tax
bills, in a separate column, against all persons liable therefor,
and collect the same in such manner as is provided by law for
the collection of other taxes. He shall also keep a road-tax
account with each magisterial district, and when said taxes are
colected shall pay all road warrants presented to him, signed
by the clerk of the district board and countersigned by the
chairman of said board, crediting each district with the amount
of road tax collected therein, and charging each district with all
road warrants issued thereon, when paid by him; shall also set-
tle his accounts relating to road tax annually with the district
beards at such time as the said boards may order; and for this
service he shall receive the same rates of per centum upon the
road tax as is now allowed by law for the collection of other
taxes,

22. Every potition for a new road, or to lay out, open, alter
or change a public road, must first be presented to the com-
missioner of roads of 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 commissioner's report
shall be laid before the county court, to be proceeded in as is
now provided in the general road law of the state.

23. The court shall, however, if the damages assessed be
allowed, order the said 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
district respectively, the viewers to be paid the sum of one
dollar each per diem, and the surveyor two dollars per diem for
time actually employed, out of the county treasury.

24. In case of a road or a line dividing two magisterial dis-
tricts, excepting such as may be otherwise provided for by spe-
cial act, the commissioner of roads of the adjoining district
shall divide the said road between such district in such way
as will equitably divide the expenses, if they can agree, and
in case they cannot agree the county board of supervisors shall
divide the same, and direct what part of said road shall be
open and kept in repair by each magisterial district.

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25. The county board of supervisors shall adopt annually a
schedule which shall show at what rates each tax-payer shall
have credit for his labor on the public roads, and for the use of
his teams, plows and other implements used thereon: provided
the credit for labor shall not exceed the rate of seventy-five
cents per day for an able-bodied hand: and provided further,
that no credit shall be allowed for the use of any implement,
the market value of which does not exceed three dollars. A
copy of this schedule shall be delivered to the clerk of each
district board on or before the first day of February of each
year, and he shall forthwith deliver a copy of same to each road
overseer within his district.

26, All matter not specially provided for by this act, shall
be as provided in the general road law of thia state, when not
in conflict with this act.

27. This act shalt be in force from its passage.