CHAP. 81.—An ACT to amend and re-enact an act entitled an act to
amend and re-enact an act entitled an act for working the roads of
the county of Loudoun, passed 1856, and to repeal certain acts
amendatory thereof, approved February 2, 1875, and February 1,
1879.

Approved February 16, 1880.

) 1. Be it enacted by the general assembly, That it shall be
lawful for the county of Loudoun, after the first day of Janu-
ary, eighteen hundred and eighty, to locate, open, change and

repair highways, roads and bridges, as follows:

ra 2. That for each magisterial district in the county of Lou-
doun there is hereby created and established a board, consist-
ing of the supervisor, a commissioner of roads, and one of the

on- justices of the peace for each district, which board shall have
the exclusive control of the roads, bridges and ferries within
its limits, and all taxes levied for road purposes and for build-
ing and repairing bridges shall be expended in each magisterial

of district except as hereinafter provided. The justice of the
peace constituting a member of the board shall be chosen and
designated by the three justices of the peace elected and com-
er missioned in the several magisterial districts, and the commis:

W sioner of roads shall be elected by the people, as hereinafter pro-

ot vided. The designation of the justice who is to serve on said

‘IM board shall be in writing, and shall be preserved and recorded

- by the board of commissioners of roads. The board hereby
created and constituted is declared to be a body politic and
corporate, and shall be known and designated as the board ot
commissioners of roads for magisterial district.

3. That the sub-road districts as now laid out and described
by metes and bounds, within the lines of the old townships,
shall remain as they now are, unless and 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 roads for each sub-road district, whose term of
Office shall be one year, beginning on the first day of July suc-
ceeding his appointment. Ife shall reside in the district for
which he shall have been appointed, and shall have charge of
the roads of his district. If any 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 liable to
a fine,on presentment by the grand jury, not exceeding fifty
dollars; but any person after being overseer for two consccu-
tive years may give up his office 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, jand
he shall not within two years thereafter be appointed overseer
without his consent.

5. That his duties shall be to see that the roads in his district
are kept in good repair ; that the bridges are in a safe condition ;
that the roads are kept free from obstructions ; that all loose stones
are removed ; and for these purposes may employ such number of
laborers, teams, wagons and plows as may be necessary; and
a just allowance shall be made for the labor, teams, plows and
other implements which may be hired, such allowance not to ex-
ceed that paid by the county for like services immediately prior
to the passage of this act, and a day’s work shall be fixed at
ten hours. He shall purchase or hire all tools and implements
necessary for working the roads, subject to the approval of the
commissioner of roads, and shall have the custody of the same,
and shall perform such other duties as may be prescribed by
law or directed by the commssioner of roads; his compensa-
tion shall be one dollar and fifty cents per diem for each day
actually employed.

6. That on the fourth Thursday in May, eighteen hundred
and eighty-one, and every two years thereafter, there shall be
elected in each magisterial district, according to the provisions
of the general election law, one commissioner of roads, whose
term of office shall be for two years, beginning on the first day
of July next succeeding his election. He shall reside in the
district for which he is elected. Each commissioner of roads thus
elected shall qualify at the time and in the manner prescribed
for the qualification of magisterial district officers, and shall
at the time of his qualification, or if he shall already have
qualified, give bond with good personal security, in not less
than two thousand dollars nor more than five thousand dollars.

«4. That the commissioner of roads shall have charge of all
the roads in his magisterial district. Jlis 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 person trespassing
by written notice; and if the obstructions are not removed
after reasonable notice, not to exceed ninety days, he shall
direct the overseer of the district to remove the fencing or
other cbstruction, 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 overseer ; and if he shall
find any overseer delinquent in the discharge of the duties
imposed upon him by this law, or by the commissioner of roads,
the said commissioner shall give him notice in writing ; and on
his failure to discharge said duties in a reasonable time he shall
report him to the board of commissioners of roads, who shall,
unless good cause be shown, remove him from his office and
forthwith appoint another in his place. His compensation
shall be two dollars per diem for each day in which he has
been or may be employed in discharging his duties under the
provisions of this law, and to be paid by the board of commis-
sioners of roads for their respective magisterial districts: pro-
vided, 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 compensation of the
commissioner of roads.

8. That every petition for a new road, or to lay out, open,
alter or change a public road, must first be presented to the
board of commissioners of roads in the district in which the
road is, who shall endorse thereon their approval or disapproval
of the same, and their reasons therefor, which petition and the
report of the board of commissioners 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 proposed change or alteration of an old road; the
county or other competent surveyor shall accompany the view-
ers and survey and map the road or change. The whole num-
ber of viewers must view, but a majority may decide for or
against, and they may view and make report of and estimate
for any modification of the route.

9. 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.
A copy of said notice duly verified shall be returned to the
court. The viewers, before they proceed to discharge their
duties, shall be severally sworn by the commissioner of roads
or some other person authorized to administer oaths, to per-
form their duties impartially and to the best of their judgment.
If they decide that there is a public necessity for the road or
change they shall lay out the same, having respect for the
shortest distance and the 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 the land through which the road passes, taking into
consideration the advantage to be derived from the road’s pass-
ing through the land, and shall report in writing to the next
term of the court, but in no case shall any yard, garden, or-
chard or any part thereof be taken without the consent of the
owner.

10. That the court shall examine the said report and the
amount of damages assessed, and if satisfied that the public
interest and convenience will be subserved by its payment and
the opening of the road or the proposed change, shall approve
the report and order the damages to be paid by the magisterial
district or districts through which the road passes in such pro-
portion as the damages may have been assessed in the said
districts respectively ; but upon the return of the report of
the viewers, the proprietors and tenants of lands upon which
said road will be if established, shall be summond to show
cause against said report, and any proprietor or tenant of said
lands 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 commissioner of roads: provided, that the viewers and sur-
veyor shall be paid out of the county treasury.

11. That the county court shall, at the time when any new
road is established, direct what width the road-bed 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 thirty feet.

12. That the court may at its discretion grant a second or
third review, the viewers to be paid the sum of one dollar per
diem, to be paid for as provided for in section ten of this act.

13. That the clerk of the county court shall keep a road
docket in which all proceedings in regard to roads in the
county court shall be kept of record.

14. That in case a road is a dividing line between two magis-
terial districts the commissioners of roads of the districts thus
adjoining shall divide said road between such districts in such
way as will equitably divide the expense, if they can agree;
in case they cannot agree the county court shall divide the
same and direct what part of said road shall be kept in repair
by each magisterial district.

15. That under the direction of the commissioner of roads
the overseers in their several districts shall erect at all points
where roads cross or intersect, or diverge from each other, suit-
able indicators, showing the next most prominent place on the
road and the distance. A failure to comply with this provision
shall be punished by a fine of not less than five dollars for each
offence; and any person who defaces, removes or in any way
injures any indicator shall be subject to a fine of five dollars
to be recovered by the commissioner of roads upon a judgment
of a justice of the peace; and any overseer shall have power
to enter upon any lands adjoining his road to make necessary
repairs, drains or ditches. )

16. That the board of commissioners of roads for their
respective districts shall annually, in the month of July of
each year, lay a road tax not exceeding thirty vents on the
dollar of the amcunt of state revenue, and a like per centage
on licenses within the district, as adjusted for the state and
64 ACTS OF ASSEMBLY.

county tax, and shall certify the amount necessary to be raised
to the commissioner of the revenue, and he shall extend the
taxes against all property and persons in the district levied for
road purposes, a copy of which shall be returned to the clerk’s
office of the county court, and from the said copy so returned
the sheriff shall make out his books for the collection of said
tax. |
Sheriff tocol- 17. That the sheriff of the county shall collect the road tax
lectroadtax snd pay the same over. to the commissioners of roads of the
Towhatex- several districts. He shall be charged with the full amount of
tent charge- the road taxes levied for the year, and credited by all sums
Whentaxto paid over in money or otherwise, as herein provided. He shall,
he pata in the month of December of each year, give notice by posting
handbills in each road district to tax-payers, requiring them
Bonusforpay- to call on him and pay their road tax. Such as shall make
ment before payment on or before the first day of March thereafter shall
When ac- be entitled to a deduction of five per centum. The sheriff
counts for shall receive as equivalent to money all accounts for labor,
be received in teams, wagons, plows, materials furnished, or for services
payment rendered in any way when properly certified by the commis-
sioner of roads or overseer, and the same shall be receipted
Whencom- for by the commissioner as if paid to him in money. Each —
mitheeian: commissioner of roads acting under the provisions of this act |
board ofcom- shall settle with the board of commissioners of roads of his
missioners 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 sheriff for road purposes, and ©
pay over any balances in his hands to his successor in office,
which shall be placed to the credit of the board and appropri- |
ated for road purposes.
Penalty for 18. That if any person shall neglect to make payment of |
failure topay road taxes until after the first day of March the sheriff shall
March make out a list of delinquents and the amount of taxes due)
How collected from each, and shall collect them as now provided by law for
the collection of state taxes.
When and 19. That the board of commissioners of roads shall annually,
how accounts on the first Monday in June, audit, adjust and settle the ac-
dited and counts of the sheriff for the preceding year; they shall charge
Settled the sheriff with the full amount of the road tax levied in the dis-
trict, 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. He shall receive the same
per centum for collecting road taxes as are allowed for collect-_
ing the state revenue. ,
Obligationon 20. Any person or persons causing water to be diverted from
porting water its natural course and conveyed across a public highway, or.
from itsnatu- who by the erection of waste-gates or any other means, shal)
ral'cou fublis’ Cause water to flow or be conducted over such public highway,
roads shall place and keep in good repair bridges over the same at

all damages, to be recovered by warrant befcre a justice of the
peace or court of competent jurisdiction, that may result from
such failure. Within ten days after such failure the commis-
sioner 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
competent jurisdiction.

21. That upon the petition of fifty frecholders of each district
the board of supervisors, if a majority of them shall so deter-
mine, may direct that the county surveyor shall make a survey
and map of the county, showing on the same the boundaries
of each magisterial district, marking the location of towns,
stores, mills, post-offices, churches, school-houses and other
prominent objects, indicating beds of minerals; all the map-
pings to be completed within three years from the first day of
January, eighteen hundred and eighty.

22. That the compensation of the surveyor shall be fixed by
the board of supervisors, and shall not exceed two dollars and
fifty cents per diem for the time actually employed.

23. That the price of the map on rollers shall not exceed
five dollars, and that each person whose levy for map purposes
shall in three years be equal to five dollars shall be entitled
to a copy, and each person whose levy does not reach five dol-
lars shall have a copy by paying the difference between his
levy and the price of the map. ‘The said maps shall be under
the control of the surveyor: provided, the price of the same
shall be fixed by the board of supervisors.

24. The general road law of this state, except so far as the
same is in conflict with this act, shall remain and be in force
in the county of Loudoun.

25. That one-third of all road taxes levied and collected by
virtue of this act within the limits of any incorporated town
in the county of Loudoun shall be paid over to the proper
authorities of such towns: provided, they by their town ordi-
nances provide for and keep their streets in good order and
repair.

26. That all incumbents of offices, under the special road
law now in force in Loudoun, shall continue in office and dis-
charge the duties of the same until their successors are duly
elected, appointed and qualified under the provisions of this
act, and all contracts made in pursuance of law shall remain
in a force and effect.

That all special acts in relation to roads and the working
of ie saine heretofore passed by the general assembly for the
county of Loudoun be and the same are hereby repealed.

28. This act shall be in force from its passave.