Chap. 613.—An ACT to provide for working the roads, repairing bridges and
opening new roads in the county of Augusta, and repealing so much of the
acts as affects the county of Augusta, approved February 26, 1884, February
19, 1886, March 5, 1888, February 28, 1890.

Approved March 3, 18%.

1. Be it enacted by the general assembly of Virginia, That it shall
be lawful for the county of Augusta, after the first day of July, eigh-
teen hundred and ninety-four, to locate, open, change and repair high-
ways, roads and bridges as follows:

2. For each road district in the county of Augusta there shall be
created and established a board consisting of the supervisor, a com-
missioner of roads and one director for each district, which board
shall have control of the roads and bridges within its limits, and all
taxes levied for road purposes and for building and repairing bridges
shall be expended in each road district, except as hereinafter pro-
vided. The director constituting a member of the board shall be
elected for two years, in the manner, at the times, qualify and take
office as is prescribed in the election of the commissioner; he shal}
be a resident of the road district for which he is chosen and a
qualified voter, and the commissioner of roads shall be elected by
the qualified voters of the several road districts as hereinafter pro-
vided. The board hereby created and constituted is declared to be
a body politic and corporate, and shall be known and designated as
the road board for road district. The road districts named in
this act shall be of the same extent and limits as the magisterial
districts as now constituted, and the qualified voters herein referred
to shall be taken to mean such persons as may be qualified voters of
each magisterial district. The first term of office under this act
shall commence on the first day of July, eighteen hundred and
ninety-five, and continue two years, and the elections thereto shall be
made in May next preceding; each succeeding term shall commence
on the first day of July succeeding the election, and shall continue
two years. Each commissioner of roads thus elected shall qualify at
the time and in the manner prescribed for the qualification of magis-
terial district officers, and shall at the time of his qualification give
bond, with good personal security, in not less than one thousand

dollars nor more than three thousand dollars. The present incum-
bents of these offices shall continue in the discharge of their duties
until their successors are elected, qualify and relieve them by virtue
of this act.

3. The commissioner of roads, as the executive officer of the
board, shall have charge of all the roads in his district. His duty
shall be to see that all the roads in his district are of proper width,
and in places where they are not, to give notice, in writing, to the
person obstructing the roads; and if the obstructions are not re-
moved after reasonable notice, of not less than ten nor more than
twenty days, he shall direct the overseer of roads to remove the
fencing or other obstructions, and may recover the expenses, with
costs, from the person or persons so obstructing the roads, by judg-
ment of a justice of the peace, in a proceeding instituted in the
name of the road board in his district: provided, however, that the
road board of any district may, in its discretion, retain any existing
road at its present width. He shall examine the roads in his dis-
trict at least twice in each year, in the monthe of May and October,
and oftener if the exigencies of the service require it, subject to the
approval of the road board, and shall see that the roads are drained
on the sides and all standing pools of water well removed from the
roads, and that the middle of the roads are sufficiently raised to
shed the water immediately into the side ditches, and that the
bridges are kept in good repair by the overseer. If he shall find
any overseer delinquent in discharging his duties, the said commis-
sioner shall give him notice in writing, and on his failure to dis-
charge his duties in a reasonable time, he shall report him to the
road board, who shall, unless good cause be shown, remove him from
office and forthwith appoint another in his place. The compensa-
tion of the commissioner of roads shall be two dollars per day in
which he has been or may be actually employed in discharging his
duties under the provisions of this law, to be paid by the road board
for the respective road districts, upon the approval of the other two
members thereof; or, if they should disagree, upon the approval of
the judge of the county court, who may determine the matter with-
out formal pleading: provided, however, that persons applying for
a new road, or to lay out, open, alter or change a public road, shall,
when the same is rejected, be charged with the per diem compensa-
tion of the commissioner of roads.

4. There shall be appointed annually by the road board, not later
than the fourth Saturday of May in each year, one overseer of roads,
with his consent, for each road precinct, whose term of office shall
be one year, beginning on the first day of July succeeding his ap-
pointment. He shall reside in the district for which he shall have
been appointed, and shall have charge of the roads of his precinct.
If any such overseer refuse to serve after being appointed and con-
senting thereto, or fail to work the roads in his district when
directed by the road commission, he shal] be liable to a fine on pre-
sentment by the grand jury, not exceeding fifty dollars; but any
person after being overseer for two consecutive poars, may give up
his office on producing a certificate to the board from the road com-
missioner, or other satisfactory evidence, that the roads in his dis-
trict are in proper order; and he shall not, within two years there-
after, be appointed overseer without his consent. The duty of the
overseer shall be to see that the roads in his precinct are well
drained on both sides, and where they pass over wet or boggy ground,
that they are there undesdrained and graveled as far as practicable,
having reference to permanence and an extension of the work. He
shall keep the road-bed full in the centre to produce a brisk water-
shed into the side ditches, which shall be continuous without ob-
struction and sufficiently large to conduct the water from the road
and afford an elevated track; that all loose stones are removed and
placed for permanent improvement; that the roads are kept free
from obstructions, standing dead trees and other dangerous timber,
and otherwise in good order; and that the bridges are in safe con-
dition. For these purposes he may employ, at the costs and charges
of the road board, such number of laborers, teams, wagons, carts,
plows and road machines as may be necessary, with the approval of
the commissioner of roads; and payment be made therefor according
to the schedule of prices which shall be prescribed in writing on the
first day of July of each year by the road board. He shall, under
the direction of the commissioners of roads, purchase such tools and
implements as shall be necessary for working the roads, have charge
of the same, report annually or oftener if required, their condition
and number, and deliver possession of the same to the commissioners
of roads on settlement of accounta. He shall perform such other
duties as may be prescribed by law, or be required by the commis-
sioner of roads as consequential to them. His compensation shall
be fixed by the road board for each magisterial district on principles
of justice and value.

5. The road board, when they deem it expedient, are empow-
ered to have the building or repairing of bridges or roads, or any
part thereof, done by contract in writing, which shall be filed with
the clerk of the board. Lettings to contracts shall be preceded by
public notice and be awarded to the most suitable bidders, taking
proper sureties for their performance according to this act, under the
direction of the commissioner of roads. In no case shall any mem-
ber of the board have any pecuniary interest in the contracts. If the
board shall find at times and places it most expedient, they are em-
powered to employ suitable overseers, at agreed wages, to work on
the roads by the month or year, in discharge of the duties and obli-
gations imposed on overseers under this act, under the direction of the
commissioners of roads; whose inspection of the work shall be as
frequent as the exigencies may require and the board approve. Such
persons as are personally liable to do work on the district roads shall
not be summoned to work between the fifth of June and the fifth of
August. All such persons may commute their labor by paying.to
the commissioner of roads one dollar per day, on or before the first
day of April in each year, taking his receipt for the same, which
money shall be accounted for by the commissioner to the board and
be credited to the district road fund.
6. For the purpose of providing a fund for working the roads, re-
pairing the bridges and for opening new roads, it shall be the duty
of the board of supervisors of said county on the first Monday in
July in each year, or as soon thereafter as is practicable, to levy a
tax upon all real and personal property in said county, not exempted
by law, not exceeding twenty cents upon each hundred dollars of
the assessed value thereof.

7. The road board for each district shall certify to the board of
supervisors in the month of July, before the first Monday in each
year, the amount of money that in its opinion will be proper or neces-
sary to be spent in its road district for the ensuing year, and the
rate of tax that should be levied upon the real and personal property
In said district, and such certificate shall be binding upon the board
of supervisors, who shall levy the tax thus certified upon each dis-
trict, respectively, and shall certify the amount necessary to be
raised to the commissioner of revenue, and he shall extend the taxes
against the property and persons in the district levied for road
purposes.

8. The county treasurer shall collect the road ex of the county,
and pay the same out upon the order of the commissioner of roads
of the several road districts; he shall be charged with the full
amount of the road taxes levied for the year, and credited by all
sums paid over in money or otherwise, as herein provided. The
treasurer shall receive, as equivalent to money, all accounts for la-
bor, teams, wagons, plows and materials furnished, or for services
rendered in any way, when properly certified by the commissioner of
roads, and the same shall be receipted for by the commissioner as if
paid in money: provided, however, that the treasurer shall in all
cases pay out money on the order of the commissioner who ordered
the work done or materials furnished or service rendered, whether
said commissioner’s successor shall have qualified or not: and pro-
vided, further, that no commissioner shal! order any work to be done
by contract or otherwise, or materials to be furnished after the fif-
teenth day of May of the year in which his term expires, except by
and with the consent of the county court, or the judge thereof in
vacation. Each commissioner of roads acting under the provisions
of this act shall settle with the road board of his district on the first
Monday in June of each year, or as soon thereafter as the said board
shall meet, and account for all moneys received by him from the
treasurer or otherwise for road purposes, and pay over any balance
in his hands to his successor in office, which shall be placed to the
credit of the board and appropriated for road purposes. The taxes
levied under this act shall be subject to the same laws regulating the
collection of all other taxes.

9. The road board shall annually, on the first Monday in June,
audit, adjust and settle accounts of the treasurer for the preceding
year; but if their business shall not be completed on that day they
may adjourn from day to day until it is completed. They shall
charge the treasurer the full amount of the road tax levied in the
district, and shall credit him by his commissions delinquent, and
all payments made by him to the commissioners of roads, for which
he has proper receipts. He shall receive the same per centum for
collecting road taxes as are allowed for collecting the state taxes.

10. The said road board of each road district shall convene at
stated times and places in its district, of which there shall be notice
ziven, and at which persons having business with the board may at-
rend. Meetings for special purposes may be held at Staunton; also,
in the district, on request of the commissioner of roads. The super-
visor shall be ex officio president of the board; the director shall
Jischarge the duties of clerk. The board shall be a deliberative
body, to consider the subjects committed to it in this act, and deter-
mine the ways and means by which to most fully accomplish its de-
sign. The commissioner of roads shall be its chief executive officer.
[he said board shall keep a record of its proceedings and a file of its
vouchers; prescribe regulations for the purchase, care, preservation
and transfer of implements and other property from the outgoing
officer to the incoming one, requiring necessary vouchers. The com-
missioner of roads shall annually make a written report to the board
on the condition of the roads and bridges, the operations of the clos-
ing year, the items, condition, number and disposition of the district
property, with such recommendations for future action as he may
deem proper. His annual report shall be published for the informa-
tion of theirconstituency. The compensation of the members of the
road board shall be one dollar and fifty cents per day for each day
that they shall be in attendance upon the meetings of the board, to
be paid, with cost of necessary stationery and printing, out of the
fund appropriated for the road district.

11. The road precincts shall remain as now laid out and described
by metes and boundaries in the several magisterial districts until
changed by the road board as hereinafter provided. The said board
shall have power, and it shall be its duty, to make such changes
therein as may be proper. When any change is made in the road
precincts, it shall be reported to the county clerk, who shall keep a
record of the same in a book kept for that purpose, and also the said
county clerk shall keep a record of all the road overseers who, when
Appointed by the road board shall be reported to him, and it shall be
the duty of the said board to report all appointments of overseer to
the said county clerk.

12. The road commissioner of each district shall cause to be
erected, at all points where roads cross or intersect or diverge from
each other, suitable indicators, showing the next most prominent
place on the road and the distance. Any person who defaces, re-
moves or in any way injures such indicator shall pay a fine of five
dollars, to be recovered by the commissioner of roads upon the judg-
ment of a justice of the peace, by proceedings instituted in the name
of the board of the road board. . Any overseer shall have power to
enter upon any lands adjoining his road to make necessary repairs,
drains or ditches. Any person who shall obstruct the ditches or im-
pair the drainage of the roads shall pay a fine of one dollar for
every day it continues, and the cost of removal, the damage done the
roads, and the costs of proceeding against such person by the commis-
sioner of roads before a justic to" yavment. The commissioner of
roads shall be empowered to administer oatha’and affirmations.

13. Every public road hereafter established in the county of Au-
gusta shall be thirty feet wide, and the grade of such road shall not
exceed five degrees at any one point. The road board of any dis-
trict may, however, by special order establish a different width or
grade.

14. When any person applies to the county court to have a bridge
therein established or altered the court shall refer such application,
which shall be in writing, describing as accurately as possible the
desired road or bridge, to the road board of the magisterial district
in which the whole or greater part thereof is to be located, and
thereupon the said board shall view the ground and report to the
court the conveniences and inconveniences that will result, as well
as to individuals as to the public, if such road or bridge shall be as
proposed established, and especially whether any yard, garden,
orchard, or apy part thereof, will in such case have to be taken.

15. The board shall particularly report the facts and circumstances,
in its opinion, useful in enabling the court to determine the expe-
diency of establishing or altering the road or bridge. It may ex-
amine other routes than that proposed for any road and report in
favor of the one it prefers, with the reasons for the preference. The
report shall state the names of the land-owners on each 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; to what amount any person through whose lands
any road is opened may be benefited thereby, and any other matter
which may be deemed pertinent. A map or diagram shall be re-
turned with the report, and for that purpose the board may, if it see
fit, employ a surveyor.

16. Upon the return of the report, summons shall be awarded
against the proprietors of the land, which shall be served in person
if they be residents of the county; and if not, upon any agent or
attorney or tenant of the land. If there be no agent, attorney or
tenant within the county, service may be had by publication for one
week 1n some newspaper published in the county. ‘lhe summons of
publication shall be to show cause, at the term of the court to which
it may be returnable, why the said road shall not be opened or the
bridge built; and the cost of the same and the compensation of the
road board shall be paid by the road board of the district out of
its funds, except that the court may, in its discretion, render judg-
ment for the same against the applicant, should the application be

enied.

17. The court shall hear evidence for and against the report of the
road board, and for and against the assessment of damages to any
land-owner, and may decide the same upon the evidence, or, in its
discretion, it may appoint three freeholders, who shall go upon the
land and make further report, both as to the advisability of opening
the road or the damages thereof, or to any land-owner, or any other
matter that the court may assign to them; and this report may be
read in connection with the other report, and the evidence heard
upon the application.
18. If the court shall be of opinion that the road should be
opened or bridge built, it shall so direct, and the clerk shall certify
its order to the road commissioner of the district, who shall cause it
to be executed: provided, however, if the cost of opening the road
or building the bridge, and the damages to the land-owners, shall
exceed the sum of one hundred and fifty dollars, the said road shall
not be opened or the bridge built until the board of supervisors shall
approve the same and make an appropriation therefor out of the
county levy.

19. No road shall be established through any lot in an incorpo-
rated town without the consent of the proprietor thereof, or through
the land of any cemetery, or any seminary of learning, without the
consent of the owner thereof, or the corporate authorities.

20. Should any member of the road board be unable, and should
the court think it improper for him to act under the sixteenth, sev-
euteenth, eighteenth and nineteenth sections of this act, because of
interest in the subject matter, or other sufficient cause, the court
may appoint some freeholder of the county to act in his place. A
majority of the board, or of the freeholders appointed as viewers,
shall constitute a quorum for any matter under this act, except that
both of the other members of the road board must pass upon the
accounts of the road commissioner.

21. In case of a road on the line dividing two magisterial districts,
the commissioner of roads of the adjoining districts shall divide the
road between each district in such a way as will equally divide the
expense, if they can agree; and in case they cannot agree, the board
of supervisors of the county shall divide the same, and direct what
part of said road shall be opened and kept in repair by each magis-
terial district.

22. The act to provide for working the roads, repairing bridges
and opening new roads in the counties of Frederick, Clarke, War-
ren and Augusta, approved February twenty-sixth, eighteen hun-
dred and eighty-six, and the acts amendatory thereof, so far only
as they relate to and affect the county of Augusta, are hereby re-
pealed.

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