CHAP. 494.—An ACT to provide for the working of the public
roads in King George county.

Approved February 29, 1892.

1. Be it enacted by the general assembly of Virginia,
That the court of the county, by commissioners appointed
for the purpose by the court for each magisterial district,
said commission for each district to be composed of the
supervisor for the same and two freeholders resident
therein, shall divide into precincts all the county roads,
said commissioners to receive one dollar per day for their
services and shall appoint, as often as necessary, @ sur-
veyor for each precinct who shall hold his office until an-
other be appointed in his stead, unless he remove from the
precinct where appointed, in which case his office shal! be
vacated. The clerk of the court shall, upon such appoint-
ment, issue a writ to the sheriff commanding him to give
information thereof to the person so appointed, which writ
the sheriff shall execute and return to the court at the
succeeding term. The clerk shall moreover annually, at
March court, post at the front door of the court-house,
a list of the precincts and of the names of the surveyors
and the hands on each road. The clerk or sheriff failing
in such duty shall forfeit therefor five dollars. Any per-
son appointed by the court under this section who shall
refuse to accept and perform the duties of surveyor under
this section, without sufficient cause, shall be fined not
more than twenty dollars, recoverable as other fines under
the laws of the state.

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

38. Every such surveyor shall superintend the roads in
his precinct, cause the same to be kept cleared, smoothed
of rocks and 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 each road leads. and across
every stream, where it is necessary and practicable, a suffi-
cient bridge, bench or log for the accommodation of foot
passengers. When any more important bridge or cause-
way is necessary, and it is practicable for him to have it
made, he shall cause it to be made twelve feet broad at
the least, and safe and convenient. Every bridge or
causeway in his precinct shall be kept by him in as good
order as the means in his power will permit; and for all
these purposes he shall have power, and it shall be his
duty to enroll all persons liable to road service, who are
not exempt by law, and who shall have resided ten days
within the boundary from which his hands are allotted.

4. The county court of said county, upon the motion of
any road surveyor in any magisterial district therein, or
whenever, in the opinion of the judge thereof, a necessity
therefor exists, shall appoint three discreet freeholders
from such district to lay off, alter or rearrange any pre-
cinct or precincts therein, and to allot the hands to work
on the same. They shall report to court, as soon as may
be, their action in the premises. The report shall be filed
for exceptions, and at the next term of the court any per-
son who thinks himself aggrieved thereby, may appear,
and for good cause shown have the same altered or
amended, otherwise it shall stand confirmed. The said
commissioners shall receive each one dollar per day for
their services, payable out of the county levy.

5. All male persons in said county shall be compelled to
work three days on some public road, in the district in
which he may reside, with the following exceptions, name-
ly: Ministers of the gospel and persons under sixteen and
above sixty years of age; persons who reside in a town
that provide for its poor and keeps its streets in order; any
person who has lost a leg or an arm; and any other person
who is otherwise disabled, may be exempted on certificate
of the county court of such disability. No person shall
be required to work on the public roads more than two
days in the same year, without receiving for each day’s
work so done, seventy-five cents, to be paid out of the
county levy. It shall be the duty of each road surveyor
to keep a list of the numbers who are subject to work on
the public roads by law, and to keep a record of each day’s
work done by every party on the road; and it shall not be
lawful to call on any one person twice until every one who
is required by law to work at least two days or pay a fine
of seventy-five cents per day for failing to do so. After
each person, who is required to work on the public roads,
has done so three days, if it shall then appear that thie is
not sufficient to keep the roads in good order, the road sur-
veyor shall have the right to call out to work on the roads
as many persons as in his judgment is necessary to keep
the roads in good condition, and it shall be the duty of the
paid surveyor to give to each party a statement, showing
how many days he or they have worked extra. The party
or parties holding such certificate from the road surveyor
of his district, shall present the same to the board of su-
pervisors, at their annual meeting, for the approval of the
board. After the bill has met the approval of the board
of supervisors, the bill, or warrant, shall be good for all
debts and demands against the county, except free school
funds. The day for work mentioned in this section shal]
not be less than eight hours.

6. Every person required to work on the public roads
shall, either in person, or by a sufficient substitute, when
notified by the proper surveyor, attend with proper tools,
and work the road on such days as the surveyor may di-
rect. For every day on which there may be a failure a fine
of seventy-five cents shall be paid to the surveyor within
thirty days thereafter by the person in default, if of full
age, or if an infant, by his parent or guardian. If the fine
be not paid to the surveyor within the time above specified
he shall make out a ticket against such delinquent party
for the amount thereof with an addition of ten per centum
for costs, which ticket shall be placed by him in the
hands of the constable of his district or the sheriff of the
county for collection: provided, however, that such delin-
quent may, after notice to such surveyor, apply to the
county court, or judge thereof, in vacation, or to the su-
pervisor of his district, and for good cause shown, have
said fine released or remitted; or such delinquent may,
before the ticket goes into the hands of the constable or
sheriff, discharge the fine by labor upon his road precinct.
Any surveyor who shall fail, after the lapse of thirty
days, to place the tickets hereinbefore provided for in the
hands of the constable or sheriff for collection, shall be
fined not less than five dollars, and the officer in whose
hands said claim is placed, shall have power to collect the
same in the mode prescribed for the collection of taxes
and county levies. He shall account to the surveyor for
all such fines collected by him, dividing the costs collected
equally with the surveyor, and return to the clerk of the
county court annually at the March term a list of all
fines so collected, with the names of the surveyors to
whom the same have been paid; and the clerk shall
file the same in his office. And the said officer, upon fail-
ure to collect said fine in any case where it is practicable,
shall be fined not less than five dollars. And in any case
where he is unable to collect said fine he shal] make due
returns of the reasons therefor to the clerk of the court,
as in the case of the collections of fines, which return shal}
be submitted to the court by the clerk to determine upon
its sufficiency. And in case of failure on the part of the
surveyor to perform his duty under this section, in addi.
tion to the fine hereby imposed, the amount of the fine
imposed upon the hand shall be deducted from his claim for
services against the county. And the officer, for any fail-
ure to perform his duty under this section, shall be re-
sponsible upon his official bond.

7. The board of supervisors shall, by order entered
upon their minutes, fix the pay for all horses and plows,
all horses and wagons, all carts and oxen, and all other
vehicles, implements, and teams hired to work the public
roads, at so much per hour and day.

8. Every road surveyor, in addition to what is required
of him by this act, shall report to the county court at the
March term thereof in each year an exact account, veri-
fied by oath, of all moneys received by him, by virtue of
his office, during the past year. The account shall specify
the amount expended by him, the manner in which the
same has been expended, and the balance, if any, remain-
ing in his hands. He shall apply such balance to the use
of his road precinct, as said court may direct, or turn over
the same to his successor in office, who shall in like man-
ner account therefor in the next annual report. He shall
also embrace in his report the number of days in the past
year during which he and his hands were engaged in
working the roads of his precinct, what alterations, im-
provements 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
precinct which he may deem pertinent or which may be
required of him by the court. It shall be the duty of the
clerk, after said report has been examined by the court,
to label and file the same in his office.

9. The supervisor of each magisterial district shall be a
road inspector, and shall inspect the roads in his district
at least twice a year, and, after such inspection, shall make
all necessary suggestions to the several surveyors of his
district as to repairing, improving and keeping in order
their respective roads, and shall report to the court at the
June and November terms thereof, all the suggestions so
made to the surveyors, whether the same have been carried
out or not, and all the delinquencies on the part of the
surveyors, and all matters which they may, in their judg-
ment, deem necessary to enable the court to have the
roads put and kept in proper repair. The said super-
visors shall receive for their services hereunder the sum
of ten dollars, each, per annum.

10. Every surveyor of a road shall be entitled to receive
for summoning hands to work on the public roads a sum
not exceeding five cents for each hand summoned, the
same to be fixed by the board of supervisors, and he shall
receive, in addition thereto, the sum of seventy-five cents
per day for each day over two in any one year which he
may supervise the working of the road. Every surveyol
shal] present his account for services under this act, to.
gether with all expenses incurred by him in working the
roads under his charge to the court at its December term
verified by his oath and certified to by at least two free.
holders of his road district that the services, work and ex.
penses therein set forth were actually rendered and in.
curred, and that the same were necessary, which shall, if
allowed by the court, be certified by it to the board of super-
visors.

11. All fines imposed by this act shall be collectible as
penal fines under the laws of this state.

12. All expenses necessary to carry out this act shall be
paid out of the county levy.

13. The general laws of this state in reference to public
roads, not in conflict with this act, shall remain in force
in King George county, and all acts or parts of acts incon-
sistent with this act are hereby repealed.

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