Chap. 265.—An ACT for working the roads in the counties of Pow-
hatan, Cumberland, and Goochland.

Approved March 8, 1879.

1. Be it enacted by the general assembly of Virginia, That
for the purpose of providing for working and repairmg the
public roads and bridges in the counties of Powhatan, Cum-
berland, and Goochland, there is hereby established for each
magisterial district in said counties, a board, to be called “The
board of road commissioners for magisterial district, of
the county of . Each of the supervisors of the coun-
ties shall be ex-officio the president of the road board for his
respective magisterial district, and together with two justices
of the peace of the district, to be approved by the county judge,
shall constitute said board. One of the justices comprising
said board shall be selected by the board to be the clerk thereof.

2. The board of road commissioners of the respective magis-
terial districts, shall have control of all the public roads and
bridges therein, and if shall be their duty to ascertain annually
the amount necessary, tn their judgment, in conjunction with
the labor hereinafter provided for, to keep the roads and bridges
in order in their district, and report the said amount to the
board of supervisors of the county, who shall include the same
when they lay the county levy: provided, however, that such
assessment so made by the board shall not exceed ten cents
on the one hundred dollars’ worth of property in each year.

3. The board of road commissioners for each magisterial
district shall appoint as many overseers of roads as they may
deem proper, not exceeding ten for each district, who shall
hold office until others be appointed in their stead. They shall
also define the road precincts in their districts, and increase or
diminish the number thereof in their discretion, not exceeding

ten in each district, and allot the hands to work on the same.
The clerk of the said board shall, upon such appointment, issuc
a writ to the constable of his district, with description of road
and list of hands to work the same, commanding him to give
information thereof to the person so appointed, which writ the
constable shall execute and return to the board at its next meet-
ing. Any clerk or constable failing in such duty, shall forfeit
therefor five dollars: provided, that whenever a surveyor so
appointed shall remove from the precinct where appointed, his
office of surveyor shall be vacated.

4, Any person, after being surveyor for two years, may give
up his office, if his road be in good order, and shali not,
within two years thereafter, be appointed surveyor without his
consent.

5. Every public road shall be thirty feet wide, and the grade
of no road hereafter located shall exceed five degrees at any
one point, unless the board of road commissioners, for good
cause shown, order a different width or different grade. Every
such surveyor shall superintend the roads in his precinet ; shall
cause the same to be kept cleaned and smoothed of recks, roots
and all other obstructions; of necessary width, well drained,
and otherwise in good order, and secure from the falling of
dead timber therein. He shall cause to be placed and kept at
the fork or crossing of every road a sign board, on which shall
be stated in plain letters the most noted place to which such
road leads; and across every stream where it is necessary and
practicable, a sufficient bench or log for the accommodation of
foot passengers. When any more important bridge or cause-
way is necessary, aud it is practicable for him to have it made,
he shall cause it to be made twelye feet broad at the least, and
safe and convenient. Every bridge or causeway in his pre-
cinct shall be kept by him in as good order as the means in
his power will permit.

6. When, in the opinion of the road board of any magisterial
district, it is necessary to examine any of the reads existing
in the district, or such routes for new roads therein as it may
designate, it shall appoint one or more commissioners, not ex.
ceeding three, who shall be freeholders of the district, whose
duty it shall be to examine such roads or routes, and report
upon the expediency of altering the location or grade of any
existing road, or of establishing any new road, or of building
or repairing any bridge.

7. When any person applies to the road board of his district
to have a road or landing therein established or altered, the
boards shall, and whenever without such application it sees
cause for so doing, the board may appoint three or more
viewers to view the ground and report to the board the conve-
niences and inconveniences that will result, as well to indi-
viduals as the public, if such road or landing shall be as pro-
posed, and especially whether any yard, garden, orchard, or any
part thereof, will in such cases have to be taken.
8. The commissioaers or viewers, acting either under the
preceding or the sixth section, shall particularly report to the
road board the facts and circumstances, in their opinion, useful
in enabling the board to determine the expediency of estab-
ishing or altering the road or landing. They may examine
other routes than that proposed for any road, and report in
favor of the one they prefer, with their reasons for the preference.
They shall report the names of the land owners on such route,
and state which of them require compensation, the probable
amount, in the opinion of the commissioners or viewers, to which
such party may be entitled, and any other matter which they
may deem pertinent. A map or diagram of such route shall be
returned with their report. The services of a surveyor may be
procured if necessary: provided there is not one among the
commissioners or viewers.

3. If the report of the commissioners or viewers meets with
the approbation of the road board, they shall endorse upon it
their approval, and forward it to the board of supervisors for
their adoption or rejection. Upon presentation of the said re-
port to the board of supervisors, it shall proceed in like man-
ner as prescribed for the county court in sections five, six,
seven, eight, nine, ten, eleven and twelve of the general road
law of the state: provided that there may be a right of appeal
from the decision of the board of supervisors to the county
court.

10. Any person may apply to the road board of his district
to have a public road or landing discontinued after posting
notice of the intended application on the first day of a term of
the county court, at the door of the court-house, and at two
or more public places in the neighborhood. The road board,
at its next meeting after notices lave been se published. shall
appoint three or more viewers to view such road or landing, and
report in writing whether. in their opinion, any, and if any,
what inconvenience will result from discontinuing the same.
The said road board, if i¢ approve of a discontinuance of said
road or landing, shall forward the report of the viewers, with
its approval endorsed thereon, to the board of supervisors, with
the concurrence of which, such road or landing may be discon-
tinued: provided that any person who may think himself
aggrieved thereby may appeal to the county court.

1t. All male persons over sixteen vears of age, and under
sixty, who have resided tn the district ten days, shall be com-
pelled to work on some public road therein, as near as may be
to the place of their residence, with the following exceptions,
namely: ministers of the gospel, persons who reside in a town
that provides for its poor and keeps ; streets in order, and
any person who has lost a leg or arm, o7 any other person who
is otherwise disabled may be exempted on certificates of his
family physician and the board of supervisors of such disa-
bility.

12, Every person required to work on the public roads, shall,
either in person, or by a sufficient substitute, when notified by
the proper suryeyor, attend with proper tools and work the
road on such days as the surveyor may direct, eight hours in
the winter and ten hours in the summer being considered a
day’s work. For every day on which there may be a failure,
seventy-five cents shall be paid to the surveyor within thirty
days thereafter, by the person in default, if a person of full
age, or if he be an infant, by his parent or guardian. If the
money be not paid to the surveyor within the time specified, he
shall make out a ticket against such delinquent party for the
amount of said fine, with an addition of ten per centum for
costs, which ticket shall be put by him into the hands of the
constable of his district for collection: provided, however, that
such delinquent may, after notice to such surveyor, apply to
the road board of his district, and for good cause shown, have
said fine reieased or remitted: and provided further, that such
delinquent may, before said ticket goes into the hands of the
constable, discharge said fine by labor upon his road precinct.
The officer having charge of the collection of such fiaes may
distrain therefor in the same manner as for taxes and county
levies. He shall account to the surveyor for all fines collected
by him, dividing the cost collected with the surveyor, and shall
return to the board of supervisors at their regular annual meet-
ing a list of all fines so collected, with the names of surveyors
to whom the same bave been paid. The clerk of the board of
supervisors shall label and file the same in his office.

13. If the surveyor of any road precinct is unable, with the
means and labor at his disposal, to keep in good order tis road
precinct, he may apply to the board of srpervisors, who may
authorize him to hire as many jaborers as will snflice to keep
his road precinct in good order, or to repair great damages
casually occurring, or open a new road. The road board may
authorize the surveyor to purchase such material, tools or im-
plements as may be necessary to facilitate or economize the
work in his precinct, who shali return to said board a particular
itemized account, on oath, of the expense so incurred, and for
the hire of teams, ploughs, and so forth; also, the expense of
placing and keeping sign boards, as before mentioned, and upon
approval of the road board, the board of supervisors shall alow
the same, or so much thereof as may be justly due, to be paid
out of the county fund.

14. Every road surveyor, in addition to what is required oi
him in the preceeding sections, shall report to their respective
road boards at the end of each fiscal year an exact account,
verified on oath, of all moneys received by him by virtue of his
office during the past year. Said account shali specify the
amount expended by him, and the manner in which the same
has been expended, together with the amount, 1f any, remain-
ing in his hands unexpended. He shall apply any balance so
remaining to his road preeinct in such manner as said board
may direci, or turn over the same to his successor tm office, whe
shall, in hke manner, account therefor in the next annual report.
It shall be the further duty of said surveyor to embrace in his
report the number of day’s labor performed by him and his
nands on his road precinct during the past year; what altera
tions, improvements, or repairs he may think should be made
during the ensuing year, the probable cost of the same, and
any other matters or suggestions in relation to his road precinct
which he may deem pertinent, or which may be required of him
by said board. It shall be the duty of the clerk of said board,
after said report has been examined and confirmed by the board,
to label and file the same in his office.

15. The overseer of roads shall receive a compensation of
one dollar a day for every day he is actually engaged in sum-
moning hands, and the same compensation for every whole day
he is actually engaged in working or supervising the persons
working under his control; but his accounts, after being ex-
amined and approved by the board of road commissioners, shall
be subject to the revision of the board of supervisors, and paid
by their warrant upon the county treasurer. Each meraber of
the board of road commissioners shall receive as compensation
one dollar for each day of actual employment in the exercise
of official duties: provided the whole amount does not exceed
ten dollars per annum to each member thereof, to be allowed
by the board of supervisors from county levy.

16. It shall be the duty of each surveyor to summon all the
hands belonging to his road precinct at least twice in each year,
and to work on said road at least two whole days in each year.
If he fail to do so, or to perform any duty required by this act, or
fail to keep the road and bridges in his precinct in good order,
as required by law, he shall be fined by his board of road com-
missioners not less than five dollars nor more than thirty dollars.
The order imposing the fine shall be placed in the hands of the
constable of the district, or the sheriff of the county, and may
be collected by distress or levy, as in the case of public taxes.
The amount of the fine, when collected, to be expended by
order of the board on the roads of the district.

17. It shall be the duty of the county court judge at every
regular term at which a grand jury shall be impanelled, to charge
them to enquire into the condition of the public roads and
bridges, and to present, by sufficient description, any road, or
part of road, ov bridge, not in the order required by law. And
any presentment so made shall be certified by the clerk of the
court to the president of the road board having.charge of said
road, for its action thereon: provided that the road surveyor
shall be entitled to an appeal to the county court of his county
from all orders imposing a fine on him.

18. Be it further enacted, That all the provisions of an act
passed March twentieth, eighteen hundred and seventy-five,
entitled an act for working and keeping in order the roads of
this commonwealth, as do not conflict with this act, shall con-
tinue in force in the counties of Powhatan, Cumberland and
Goochland. And all acts and parts of acts—so far as the said
three counties are concerned—inconsistent with this act, are
hereby repealed.

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