Chap. 258.—An ACT to provide for Working and Keeping the Public
Roads in Order in Fairfax County.

Approved March 29, 1876.

1. Be it enacted by the general assembly of Virginia, That
the several magisterial districts of Fairfax county, shall be
each a separate 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, to appoint three commissioners
of roads for each magisterial district, who shall constitute a
board of road commissioners for the district. The commis-
sioners so appointed, shall serve until their successors shall
have been elected as-hereinafter provided. Said commission-
ers shall qualify, by taking the oath of office prescribed by
the general law, and shall meet, each in their respective dis-
tricts, as soon as practicable after their appointment, elect a
chairman, and appoint one of their number to act as clerk,
and shall divide their respective districts into sub-road dis-
tricts of not less than four nor more than twelve square miles
each. The board shall provide a book of records, in which
the clerk shall enter the order making such division, which
shall clearly define the boundaries of each sub-district. Where
a public road is the boundary line of any such sub-district,
shall declare to which sub-district the same, or any parts
thereof, to be destgnated by them, shall belong, and they
shall number the same as sub-district number of the
magisterial district of -. Said board may, from time
to time, alter the boundaries of such sub-districts or erect
new ones; but when such change is made or new sub-districts
created, the order making the same shall be recorded as above
directed, and a copy thereof posted in some public place in
each sub-district effected thereby. The clerk appointed as
aforesaid shall give bond, to be approved by the board, in
the penalty of not less than two hundred dollars, conditioned
for the faithful performance of his duties.

2. It shall be the duty of each board, as soon as their magis-
terial districts shall have been laid off into sub-districts, to
appoint an overseer of roads for each sub-district, who shall,
before entering upon the discharge of the duties of his office,
qualify and give bond in like manner as shall be required in
the fourth section of this act, and shall hold his office until
the first day of January of each year, or until his successor
is appointed and qualified. ,

3. At the regular election for county officers, held on the
fourth Thursday in May, eighteen hundred and seventy-
seven, and every two years thereafter, there shall be elected

by the qualified voters of the county, three commissioners of
roads for each Magisterial district, who shall qualify as afore-
said, and serve for the term of two years, or until their suc-
cessors are qualified. And if by reason of death, resignation,
removal, or refusal to serve, a vacancy shall occur in the
board of said commissioners of any magisterial district, the
county board of supervisors shall, at their meeting next suc-
ceeding such vacancy, appoint some suitable person, resident
in the magisterial district in which the vacancy occurs, to fill
the unexpired term of the road commissioner so vacated.

4, The board shall appoint annually, for each sub-district,
one overseer of roads, who shall be a resident of the sub-
district for which he is appointed, who shall qualify before
entering upon the duties ot his office, by taking the oath of
office prescribed by law, before one of the justices of the
magisterial districts, or before the chairman 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, taxes and money,
which will probably come into his hands during the year,
conditioned that he will account for such property, taxes and
money, that pass into his hands as such overseer, and in all
Other respects faithfully discharge the duties of his office.
Such bond shal! be acknowledged before a justice, or chair-
man of the board, with sureties to be approved by at least
two of the members of said board, returned to the clerk
thereof, and kept by him with the other records of his office.

5. There shall be regular meetings of the board on the
second Monday in December, and on the second Monday in
January of each year. At the meeting in December, the
several overseers of roads shall make their reports and state-
ments of accounts. The board shall proceed to audit and
settle the same, and if not completed on one day, may ad-
journ from time to time until all accounts are settled. At
the meeting in January, the board shall appoint the overseers
of the roads for the ensuing year; shall also appoint a clerk,
each of whom sball qualify as aforesaid. They shall also at
this meeting assess and lay a tax upon all the property, real
and personal, of the magisterial district assessed for the state
revenue—the assessment to be made from the last returns of
the commissioners of revenue. The amount assessed, which,
with the labor contributed under the thirteenth section of
this act, shall be sufficient to pay the expense of keeping all
the public roads in each sub-district in good repair, and of
such width and condition as may be required by law, not to
exceed the sum of ten cents on the one hundred dollars’ val-
uation of taxable preperty: provided, that if in any sub-dis-
trict a majority of the resident freeholders thereof shall
petition the board for an ‘additional rate of tax for said sub-
district, the board shall levy said additional tax, not exceed-
ing five cents on the hundred dollars of taxable property, for
said sub-district. The board may also, at the Jauuary meet-
ing, transact any unfinished business from former boards or
meetings, and such other business relating to the public roads,
and working thereof, as they may deem expedient, not incon-
sistent with this act.

6. It shall be the duty of the commissioners of the revenue
for said county of Fairfax, as soon as they have completed
their books for each year, to furnish to the clerk of the board
of each magisterial district within his assessment district, a
list of all the land and property in said district, with the
names of the owners, and opposite the name of each, in sepa-
rate columns, the assessed value of land and personal property
assessed, with state taxes belonging to each. The commis-
sioners of the revenue shall be allowed a reasonable compem
sation, not to exceed five dollars for each of said lists, to be
audited by the county board of supervisors, and paid out of
the county treasury.

7. When the assessment has been made, the board shall
provide a suitable book for each overseer, and the clerk shall
write in it the name of each person that belongs in his sub-
district, and opposite the name of each person, the tax which
has been assessed upon him; and if he be liable to work on
the road, the amount of labor required of him. Such lists of
taxes and days’ labor shall be delivered to each overseer, to
be collected and used by him as the board may direct, in the
manner provided for in this act. Each land-owner shall be
assessed and pay his land road tax in the sub-district in
which a majority of his landed property lies. ,

8. The board shall also prepare a schedule, which shall
show at what rate each tax-payer shall have credit for his.
labor on the public roads, an«l for the use of his teams, plows,
and other implements used thereon: provided, the credit for
labor shall not exceed the rate of ten cents for each hour 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 each overseer by the clerk.

9. At such times as the overseer may judge most suitable,
‘he shall notify all persons in his sub-district, liable to road
duty, of the day on which he requires them to work on the
roads. At the appointed time, it shall be the duty of each
person to perform such labor as the overseer shall direct;
and furnish such teams, wagons, Carts, scoops, or other im-
plements, if he have them, as the overseer may require.
The overseer shall keep a strict account of all credits due
any tax-payer for services rendered in accordance with the
schedule furnished by the board; shall give a certificate,
when so requested, showing such credits; and whenever the
tax upon any person has been worked out, such person shall
be notified. No substitute shall he accepted, unless he is
eighteen years of age, and able-bodied. It is further pro-
vided, that if the board deem it necessary, may order that a
part, not exceeding one-fourth of the road tax on property,
shall be paid in money; also, that the principal part of the
work on roads ghall be done before the first of July in each
year, except in cases of emergency. If any tax-payer prefers
to pay his tax,r any part thereof, in money, then the over-
seer shall receive it and expend it on the roads in his dis-
trict by hiring labor or purchasing such material as he may
need: provided, that the prices paid for labor or material
shall not exceed the neighborhood’s rates.

10. Each overseer may at any time, when a tax-payer in
his district is in arrears in the payment of his road tax or
labor,.if he believes such tax-paver does not intend to pay
his road tax, or that he is about to remove from his district,
he may, from the book in his possession, make off a tax
ficket against such person, and upon affidavits of the facts
upon such tax ticket, place such ticket in the hands of a con-
stable of his magisterial district for collection. Such con-
stable shall receipt for the same, to be paid td said overseer,
or his successor in office, when collected, and shall forthwith
levy and collect the same, with ten per centum thereon for
his own commissions, in the same manner as other taxes are
collected, and for this purpose shall have all the powers.
which are or may be vested in offcers charged with the vol-
lection of state taxes; and when collected shall immediately
pay the same, less his commission, to the overseer of the dis-
trict from whom the ticket originally came, or to his suc-
cessor in office.

11. At the December meeting of the board, the overseer
shall render an accurate account to the board, showing how
much of the taxes in his list have been collected and ex-
pended, both on account of property tax and labor; and
what persons are delinquent and for what sums; how much
has been paid in money, aad how much by labor, teams, im-
plements, and materials; and how much, in: his opinion, it
will require to keep the roads in his district in order the en-
suing year; and make such improvement as may appear
advantageous. Said overseer shall have credit in his settle-
ment for all receipts of constables for taxes charged against
him, which shail be charged against his successor; but the
board may at any time credit such overseer with any taxes
which appear to be insolvent, and which the overseer may
make affidavit, have not been collected by him: provided,.
that if required by the board, the overseer, in any charge
for services rendered by hifhself or his employees, hire of his
own teams and implements, or materials furnished by him-
self, shall prove the same by affidavit of two disinterested
witnesses, who shall be property tax-payers of his road dis-
trict, that the said charges are just. |

12. The overseer and his sureties shall be liable, upon his
bond, for any failure to account for any taxes in his hands;
and if he fail to make sych settlement as is provided for in
the preceding section, or fail to account for any taxes placed
in his hands, the clerk shall at once place his bond in the
hands of the attorney tor the commonwealth, who shall sue
upon the same in the circuit or county court, for such sums
as may be due for the use of bis sub-district, and shall be en-
titled to a fee of five dollars, to be added in the cost of the
suit. e

13. All male persons in each sub-district shall be enrolled
by the overseer for that district, and compelled to work on
some public road therein two days in‘each year, with the
following exceptions, viz: Persons under eighteen and over
sixty years of age; all ministers of the gospel; persons who
reside in a town that keeps its streets in order, and provides
for its poor, and any person who has lost a leg or an arm.
Any other person who is otherwise disabled may be ex-
empted, on certificate of the county court of such disability.
A list of persons so appointed to work on the public roads
shall be filed by the overseer with the clerk.

14. Every person required to work shall, either in person
or by an able-bodied substitute, not less than eighteen years
of age, when required by the overseer for his district, attend
with proper tools and work the roads, on such days (not ex-
ceeding two) as the overseer may direct. For every day on
which there may be a failure to work, one dollar shall be

aid as a fine to the said oyerscer by the person ity default.

f the money be not so paid it shall be recoverable by the
overseer, with costs, before a justice, and said justice shall
issue a writ of fieri facias for the amount and costs, which,
when collected, shall be paid to the said overseer or his suc-
cessor. Any money received by an overseer under this sec-
lion, after the payment of costs, shall be applied the same as
other moneys derived from tuxation are used, and shall be
accounted for in the same manner.

15. Every overseer-shall cause the roads under his charge
to be kept clear and smooth, free from loose rocks, from
gates unlawfully kept up, and other obstructions, of the re-
quired width, well drained, bridges safe, and otherwise in
good order. He shall also cause all dead timber, liable to
fall in the road, to be removed. He shall keep at the tork or
crossing of every road, a sign-boerd, on which shall be plainly
lettered the most notable place to which each road leads;
and across each stream, where it is necessary and practica-
ble, a sufficient bridge, bench or log, for the accommodation
of foot passengers, and if directed by the board, a bridge for
vehicles and horses.

16. Upon complaint to the coufity court by any citizen of
the county, or upon presentment by the grand jury, that any
road in said county is not in such a condition as the law re-
quires, the court, in its discretion, shall summon the board of
the magisterial district in which such road may lie, to appear
before it upon a day named in such summons, to show cause
why they shall not be compelled to levy a sufficient tax to
keep such roads in order, and if, in the opinion of the court,
upon hearing of said cause, the same is necessary, it shall, by
mandamus, compel said board to levy a sufficient tax on the
sub-district to keep the road in order, and the cost of such
proceedings shall be paid by individual members of the
board, unless it shall appear that the inadequacy of the tax
was caused by the action of the freeholders of said sub-dis-
trict, in which:case the cost shall be paid by the overseer of
said sub-district out of the money derived from taxes in his
district. The attorney for the commonwealth shall appear
for the complainant; but if such complaint shall be dismissed,
the complainant shall pay all costs, but nothing shall be paid
to the attorney for the commonwealth.

17. Each overseer shall receive for his services such per
diem as may be fixed by the board, not tu exceed two dollars
per day, for each day actually and necessarily employed in
the discharge of his duties, to be offset against his road tax
and ‘Jabor due; and the excess, if any, to be paid out of any
money in his hands derived from his sub-district. Any over-
seer@of the roads who shall fail to perform any duty required
of him by this act, shall pay a fine of not less than five nor
more than thirty dollars, and may be removed from office by
the board. The fines when collected shall be applied to
working the roads in his sub-district. |

18. The board shall direct the overseers to provide, when
practicagle, suitable watering places on the line of the roads
under their charge for the accommodation of cattle and per-
sons. Special meetings of the board may be called by the
chairman, upon the application of any two of its members,
for the transaction of any business necessary or proper to be
done by the board; and any vacancy in the office of clerk or
overseer of any sub-district, may be filled at any meeting of
the board. The board may assign to each of its members a
section of the magisterial district to be under his general su-

ervision; and each shall note the condition of the roads in

is section, and the need of new ones, or alteration in exist-
ing ones; the condition of all bridges, and when new ones are
needed; advise and suggest to the overseer any improvement
in the roads, or manner of working them; and before the
close of the year, inspect and note the condition of all the
roads in his section; all of which matters, with such sugges-
tions as to the future work he may consider advisable, he
shall embody in a report to be made to the board at the Jan-
uary meeting. .

19. At the first meoting of the board, when the magiste-
rial district shall be divided into sub-districts, it shall be de-
termined whether it will levy a road tax for the residue of
the year, ending January first, eighteen hundred and seventy-
seven; and if it so determine, shall levy the same, and place
it in the hands of the several overseers, to be by them col-
lected and applied in the manner provided in this act.

20. Every road shall be thirty feet wide, unless the board
shall direct otherwise. It may order a road adjoining a town
or village to be made therefrom wider, for a distance not ex-
ceeding eight hundred yards; in such case the road shall not
exceed sixty feet in width.

21. The overseer of any sub-district may take from any
convenient lands, so- much wood, stone, gravel, or earth as
may be necessary to be used im the constructien or repairing
such road, or any bridge or causeway therein; and may, for
the purpose of draining the road, cause a ditch to be cut
through any lands adjoining the same: provided, such wood
and other articles be not taken from, any such ditch be
not cut through any lot in a town, yard, or garden without
the consent of the owner.

22. If any owner or tenant of any such lands shall think
himself injured thereby, a justice, upon application to him,
shall issue a warrant to three freeholders of the sub-district
requiring 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 gec-
tion. The said freeholders, after being sworn, shall accord-
ingly ascertain such compensation and report the sam®@ to
the board, who shall make an allowance therefor, to be paid
out of any money in the hands of the overseer of that sub-
district. |
_ 23. The members of the board of road commissioners for
each magisterial district shall each receive for his services
two dollars per day for time actually employed: ygovided,
the total compensation for each shall not exceed ten dollars
for any one year. The clerk of the board shall receive rea-
sonable additional compensation for extra services rendered.
Such additional compensation shall be fixed by the board,
subject to approval by the county board of supervisors.
The allowance to the members of the board of road commis-
sioners, and the clerk’s extra compensation, shall be made by
the county board of supervisors at their first meeting after
the January meeting of the board, and such allowance shall
be paid out of the county treasury.

24. The secretary of the board of road commissioners in
each magisterial district, shaJl, on or before the first Monday
in January of each year, compile and make a statement in
writing of the amount of road tax raised in the district the
past year on real and personal property; also the number of
persons liable to day’s work. He shall also state what
amount has been paid in money, and what amount in labor
and materials; also what amount remains collected in the
hands of the overseeys, and what amount remains uncollected
of money and labor. This statement shall be laid before the
board of supervisors of the county at their first meeting
after the second Monday of January of each year. The
secretary shall.receive no pay for extra services until the
above statement is made as directed. - |

25. Applications for new roads, landings, and bridges, or
alterations thereof, with all matters not specially provided
for by this act, shall be as provided for in the general road
road, when not in conflict with this act.

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