Chap. 985.—An ACT to amend and re-enact. an act entitled an act to provide for
the working of the reads in the county of Washington, approved February 20,
1892.

Approved March 4, 1898.

1. Be it enacted by the general assembly of Virginia, That an act en-
titled ‘An act to provide ‘for the w orking of the roads in the county of
Washington,’ approved February twenty-fifth, eighteen hundred and
ae -two, be amended and re-enacted so as to read ag follows:

That for each m: iwisterial district in the county there is hereby
created and established a “board, consisting of the supervisor, a commis-
sioner of roads and one of the justices of the peace for each district,
which board shall have exclusive control of the roads, bridges and ferries
within its limits, and all tazes levied for read purposes and for building
and repairing bridaca shall he erpended in said magisterial district, except as
hereafter provided. The justice of the peace constituting the member of
said board shall be chosen and designated by the supervisor and road
commissioner constituting the two other members of the board, and in
the event they cannot agree the county judve shall appoint him, and the
commissioner of the roads shall he appointed by the judge of the county
court, as hereinafter provided. The designation of the justice who is
to serve on said board shall be in writing, and shall be preserved and re-
corded by the board of road commissioners. The board hereby created
and constituted is declared to be a body politic and corporate, and shall
be known and designated as the board of road commissioners for
magisterial district.

§ 3. That the sub-road districts, as now laid out and described by
metes and bounds, shall remain as they now are until they shall be
changed by said board.

§4. That annually there shall be appointed by the said board, not
later than the fourth Saturday in May in each year, one overseer of the
roads for each sub-road distriet, not exceeding eight for any magisterial
district, whose term of oflice shall be for one year, beginning on the first
day of July succeeding his appointment. He chi ill reside in the district
for which he shall have been appointed, and shall have charge of the
roads of his district. If anv such overseer refuse to serve after being
appointed, or fail to work the roads in his district when directed by the
road commissioner, he shall be Hable to a fine on presentment by the
grand jury not excecding twenty dollars; but any person after belag
overseer for two consecutive years may give up his oflice on producing a
certificate to the board from the road commissioner or other satisfactory
evidence that the roads in his district are in proper order; and he shi ull
not within two years thereafter be appointed overseer without his con-
sent.

$5. That his duties shall be to see that the roads and ford of streams
in his district are kept in good repair; that the bridges are in a safe con-
dition; that the roads are kept free from obstruction; that all loose
stones are removed; and he shall contract for all tools and implements
necessary for working the roads, subject to the approval of the commis-
sioner of roads, and shall have custody of the same, and shall perform
such other duties as may be prescribed by law or directed by the board
of road commissioners, Tis compensation shall be one dollar per diem
for each day actually emploved. to be on the approval and warrant of
the board of supervisors paid out of the county treasury.

§ 6. That annually, at the May term of the county court, there shall
be appointed by the judge of the county court for each magisterial dis-
trict one commissioner of roads, whose term of office shall be for one
year, beginning on the first day of July next succeeding his appoint-
ment; he shall reside in the district. for which he is appointed, Each
commissioner of roads thus appointed shall qualify before the Judge of
the county, In court or during vacation, and shall, at the time of his
qualification, give bond with “eood personal security, in not less than
three hundred dollars nor more than fifteen hundred dollars.

§ 7. That the commissioner of roads shall have charge of all the roads
and fords in streams in his magisterial district. Tlis duty shall be to see
that all the roads in his district are of the proper width, and in all cases
where they are not to notify the persons trespassing by written notice;
and if the obstructions are not removed alter reasonable notice, not to
exceed thirty days, he shall direct the overseer of the district to remove
the fencing or other obstruction, and may recover the expenses, with
costs, from the trespasser upon judgment of a justice of the peace. He
shall examine the roads in his district twice in each year, in the months
of May and October, and see that the roads and bridges are kept in good
repair by the overseers and contractors; and if heshall find any overseer
or contractor delinquent he shall give him notice in writing, and on his
failure to comply with the law or his contract shall make the necessary
repairs and enforce the payment thereof as provided in section eleven of
this act; but if upon such examination he shall find that such contractor
or overseer has executed his contract or performed his duty according to
the law or his contract, he shall give him a certificate to that effect, with
a statement showing the amount such contractor or overseer is entitled
to have offset against his road tax; such certificate to be given before the
time fixed for the collection of said tax; and where work has been done
by any person other than a contractor, under the direction of the over-
seer, it shall be the duty of the overseer to give a like certificate. His
compensation shall be one dollar and fifty cents per diem for each day
which he has been or may be actually employed in discharging his
duties under the provisions of this act, and to be after and so far as the
same shall be approved by the board of supervisors for the county, who
shall issue their warrant for the same upon the treasurer of the county,
to be paid out of the county treasury: provided, however, the amount
of said allowance shall not, for any one commissioner, for any one year,
exceed thirty dollars.

The supervisor and justice of the peace, constituting members of the
road commissioners, shall be allowed for their services as such one dol-
lar and fifty cents each per diem: provided, however, the sum allowed
each of them for their services as such shall not exceed the sum of ten
dollars for any one year, to be allowed and paid out of the county treas-
ury, as in the case of the commissioner of roads and overseer.

§ 8. That the commissioner of the roads for the district, and the over-
seer of the sub-district, shall let to contract, at public letting, to the
lowest and best bidder, for a term of two years (except in case of a new
road, then it shall be let until the next general letting), all the roads in
each district not exceeding two miles in one section. Of the time and
place of which letting they shall give ten days’ notice by printed hand-
bills, ‘posted in at least three places in each road district. The specifica-
tions of such contract shall be such as will effectually open new roads,
and constantly keep in repair and clear of all impediments to safe and
convenient travel all public roads; and they shall embrace the making
and maintaining of sufficient bridges over such streams and ravines as
may need them, and in every case, except mountain roads, it shall be
specified that the bed of the road shall be raised in the middle and slope
gradually each way to the sides, where ditches sufficient to carry off
the water shall be made and kept open: provided, that the contract price
in no case exceed the estimate made by the overseer and commissioner of
the roads.

§ 9. That it shall be the duty of the said road commissioner and the
overseer, within thirty days preceding the day of public letting, as di-
rected in the preceding section of this act (and within the same period
of time preceding of each and every term of years thereafter), to lay out
and divide the public roads and highways in the said districta into sec-
tions, not exceeding two miles in length, which they shall number and
describe in a book kept for that purpose. They shall also distinctly
specify therein what they deem necessary for the improvement and keep-
ing in good repair the said public roads and highways, with an estimate
of the amount of money which it will require to improve and keep in
repair each and every section of the said roads respectively forthe term
of years approved of and designated as provided for in section seven of
this act. The road book herein provided for shall be- returned to and
preserved by said board, and shall be open to the inspection of any citi-
zen of the county.

§ 10. Each contractor shall sign his name, in a book to be kept for
that purpose by the commissioner of roads and paid for out of the dis-
trict road funds, to a contract embracing all the specifications in relation
to the roads contracted for by him, as provided for by the eighth section
of this act, as well as the contract price, the length of time contracted for,
and the number and description of the sections contracted for. All con-
tractors shall give bond and security, in such sum as the board shall
deem sufficient, in a penalty not less than twenty-five dollars nor more
than double the contract price.

§ 11. That if a contractor refuse or neglect to comply with the law or
his contract, upon complaint the commissioner of roads shall, as soon as
practicable, examine the road or section, and, if the complaint is well
founded, shall give immediate notice, in writing, to the party to make
or put his road or section in repair according to law, or as the contract
requires; and upon his failure to do so the overseer shall proceed to put
the same in order, and the expense thereof, with costs of suit, shall be
recovered by the commissioner of roads, in the name of the board, from
the contractor and his securities, as other debts are recoverable.

§ 12. That if any section remain unlet by reason of there being no
bidder, or the amount offered deemed unjust, the commissioner of roads
and the overseer of the district may let the same by private contract, the
contract price not to be more than estimated by the overseer and com-
missioner of roads; and no supervisor of said county, or commissioner of
roads, or overseer of the roads therein, or other person authorized to rep-
resent the county in contracting for the working of any of the roads
thereof, shall be in any way interested in any contract provided for in
this act; and any violation of this provision shall render the contract
null and void; and in case there be no contract, the overseer of the dis-
trict shall take charge of the road or section and make or keep it in
repair, and for that purpose may employ such number of laborers,
teams, wagons, plows and other implements as may be necessary, and
which he may be directed by the board to hire, and a just allowance
shall be made for the labor, teams, plows and other implements which
may be furnished by private individuals, such allowance not to exceed
two dollars per day for each team, including driver; and a day’s work
shall be fixed at ten hours.

§ 13. That when any contractor shall die or remove from his district,
and shall have fully complied with the conditions of his contract to the
date of his death or removal, the commissioner of the roads and overseer
may release the said contractor from his contract, and shall let the sec-
tions for the remainder of the term in the same way and on the same
conditions as at the first letting.
§ 14. That every petition for a new road or to lay out, open, alter or
change a public road must first be presented to the commissioner of
roads in 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
at its next term in open court, and the court shall appoint three discreet
freeholders to view the ground of any new road or of proposed change.
The county or other competent surveyor shall accompany the viewers,
and, if necessary, survey and map the road. The whole number of
viewers must view, but a majority may decide for or against, and they
may view and make report of and estimates for any modification of the
route.

§ 15. That notice of the time and place when the viewers shall meet
shall be given in some public manner in the vicinage of the proposed
road at least five days before the time of meeting. The viewers before
they proceed to discharge their duties shall be severally sworn by the
commissioner of the roads or some other person authorized to administer
oaths to perform their duties impartially and to the best of their judgment.
If they decide that there is public necessity for the road or change they
shall lay out the same, having respect for the shortest distance and best
ground, and so as to do the least injury to private property, and also as
far as practicable to be agreeable to the petitioners. They shall assess
the damage done to land through which the road passes, taking into con-
sideration the advantage to be derived from the road passing through the
land, and shall report in writing to the next term of the court; but in
no case shall any yard, garden, orchard, or any part thereof, be taken
without the consent of the owner.

§ 16. That the court shall examine the amount of damages assessed,
and, if satisfied, the public interests will be subserved by its payment
and the opening of the road, or the proposed change, shall approve the
report and order the damages and expense of opening or changing the
road 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 districts respectively; but upon the return of the re-
port of the viewers the proprietors and tenants of Jand upon which said
report will be, if established, may enter himself a party defendant to
said petition, after which the same proceedings shall be had as under the
general road law of the state, upon the return of the report of the com-
missioner of roads: provided, that the viewers and surveyors shall be
paid out of the county treasury. But whenever the road to be changed
or opened, or the bridge to be built, is of such public and general 11n-
portance as to make it proper that the cost thereof shall be borne by the
whole county the court may so order.

§ 17. That the county court shall, at the time when any new road is
established, direct what width the new roadbed shall be made, and shall
have power to regulate the width of all roads: provided, that the land
condemned for any new road shall not be less in width than twenty feet.

$18. That the court may, at its discretion, grant a second or third re-
view, the viewers to be paid the sum of one dollar per diem, and the
county or other surveyor two dollars per diem, to be paid as provided for
In section sixteen of this act.
819. That the clerk of the county court shall keep a road docket,
which all proceedings in regard to roads in the county court shall be Kept
of record,

§ 20. That in case a road or line dividing two magisterial districts the
commissioner of roads of the adjoining districts shall divide the said
roads between the said districts in such way as will equitably divide the
expense, if they can agree; and in case they cannot agree, the county
court shall divide the same, and direct what part of said road shall be
opened and kept in repair by each magisterial district.

§ 21. That under the direction of the commissioner of roads, the over-
seer shall erect 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 e: a failure to comply with this pro-
vision shall be punished hy a tine of not less than tive dollars for each
offence, and any person who defaces, removes or in any way injures the
indicator shall he subject to a fine of five dollars, to be recovered by the
commissioner of roads upon judgment of a justice of the peace, and any
overseer or contractors shall have power to enter upon lands adjoining
his road or section to make necessary repairs, drains or ditches.

$22. That the board of road commissioners for their respective dis-
tricts shall annually, in the month of July of each year, lay road tax,
not less than seven and one-half nor more than fifteen cents on every one
hundred dollars of value of property, real and personal, within their
districts, and immediately certify the same to the commissioner of reve-
nue, w ho shall thereupon. extend the said taxes in the copies of his books,
to be delivered to the clerk of the county court and to the treasurer of
the county.

§ 23. That the treasurer of the county shall collect the road tax in the

same manner and at the same times and places as he receives the state
and county taxes, and pay the same over to the commissioners of roads
of the several districts. Ife 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 labor, teams, plows, wagons, ma-
terials furnished or for services rendered in any way, when properly
certified by the commissioner or overseer; and the same shall be receipted
for by the commissioner as if paid to him in money. Each commis-
sioner of the roads acting under the provisions of this act shall settle
with the board of road commissioners on the first Monday in June of
each year, or as soon thereafter as the said board shall meet, and ac-
count for all moneys received by him from the treasurer for road pur-
poses, and pay over any balances in his hands to his successor in oflice,
which shall be placed to the credit of the board and appropriated for
road purposes.

§ 24. That all persons who shall make payment of road taxes on or
before the first day of December shall be entitled to a deduction of five
per centum, and any person failing to pay any road taxes to the treasurer
by the first day of December shall incura penalty equal to that incurred
for non-payment of state taxes, which shall be added to the road taxes
and collected and accounted for as provided for in case of state and
county taxes.

@Qq@rrm ry
§ 25. That the board of road commissioners shall annually, on the
first Monday in June, audit, adjust, and settle the accounts of the trea-
surer for the preceding year. They shall charge the treasurer with the
full amount of the road tax levied in the district, and shall credit him by
his commissions, delinquents, and all payments made by him to the
commissioner of roads, for which he has the proper receipt. The trea-
surer shall receive the same per centum for collecting road taxes as for
collecting the state revenue. He shall pay said road taxes received and
collected by him upon warrants issued by the road commissioners.

§ 26. Any person or persons causing water to be diverted from its
natural course and conveyed across public highway, or who, by the
erection of waste gates, or any other means, shall cause water to flow or
to be conducted over such public highway, shall place and keep in good
repair bridges over the same, at his or her expense, and if the commis-
sioner or overseer of the roads shall notify such person or persons that
his or their bridge is unsafe, and such shall fail to make the necessary
repairs, he or they shall be held responsible for all damage, to be recov-
ered by warrant before a justice of the peace, or a court of competent
jurisdiction, that may result from such failure. Within ten days after
such failure the commissioners or overseer may make said repairs, and
require such party or parties to pay all costs thereby incurred; which
costs may be recovered before a justice of the peace or court of compe-
tent jurisdiction.

§ 27. That it shall be unlawful for any person, firm or corporation to
place or cause to be placed in the waters of the county of Washington
any obstacle or other thing that will in any way interfere, obstruct or
hinder the free passage of any ford of said waters used in said county as
a part of the public highway. Any person, firm or corporation violating
the provisions of this section shall be guilty of a misdemeanor and fined
not less than ten nor more than twenty-five dollars for each offence, the
same to be recovered as other fines due the commonwealth.

§ 28. The general road law of this state, except so far as the same is
in conflict with this act, shall be in force in the county of Washington.

§ 29. This act shall take effect after the first day of July, eighteen
hundred and ninety-eight.