Chap. 181.—An ACT to provide for Working and Keeping in Order
| the Roads of the Commonwealth.

Approved March 20, 1875.

1. Be it enacted by the general assembly of Virginia, That
when, in the opinion of the court of any county, it is neces-
sary to examinc any of the roads existing in the county, or
such routes for new roads therein as it may designate, it
shall appoint one or more commissioners, not exceeding three,
who shall be freeholders of the county, whose duty it shall
be to examine such roads or routes and report upon the ex-
pediercy of altering the location or grade of any existing
road, or of establishing any new road, or of building or re-
pairing any bridge, or may direct them to lay off any road
at such grade as it may prescribe.

2. Every road shall be thirty feet wide, and the grade of
no road hereafter locatéd, shall exceed five degrees at any
one point; unless the county court order a different width
or different grade.

3. When any person applies to the court of a county to
have a road or landing therein established or altered, the
court shall, and whenever without such application it sees
cause for so doing, the court may appoint one or more com-
missioners; or three or more viewers, to view the ground and
report to the court the conveniences and inconveniences that
will result, as well to individuals as the public, if such road
or landing shall be as proposed, and especially whether any
yard, ention, orchard, or any part thereof, will, in such case,
have to be taken. |

4. The commissioner or viewers, acting either under the
preceding or the first section, shall particularly report the
facts and circumstances, in his opinion, useful in enabling
the court to determine the expediency of establishing or
altering the road or landing. He may examine other routes
than that proposed for any road, and report in favor of the
one he prefers, with his reasons for the preference. He shall
report the names of the land owners on such route, and state
which of them require compensation, the probable amount,
in the opinion of the commissioner or viewers, to which such
party may be entitled, and any other matter which be may
deem pertinent. A map or diagram of such route sball be
returned with his report. If the commissioner or viewer be
not surveyer, be shall procure one if necessary.

5. Upon the report, unless the opinion of the court be
against establishing or altering the road or landing, it shall
award process to suinmon the proprietors or tenants of the
lands on which it will be established, to show cause against
the same. The summons shall be executed on such of them
as are in the county, and on any agent or attorney of any
proprietor not within the same. And if there be no propri-
etor, tenant, agent, or attorney of any proprietor known to
the court, residing within this state, or if the true owners or
proprietors of the lands be not known to the court, the
judge thereof may order notice to all whom it may concern,
to be published in some newspaper of general circulation for
four weeks successively, to appear and show cause against
the same, the costs of such publication to be paid by the
county, not to exceed the cost of publication now prescribed
by law. Personal service of said summons on a non-resident
of the state, may be made in the mode prescribed by section
fifteen of. chapter one hundred and sixty-six of the Code of
eighteen hundred and seventy-three.

6. Upon the return of the said process so executed, if the
court has enough before it to fix upon a just compensation
to the proprietors and tenants, and they are willing to ac-
cept what it deems just, it may determine the matter with-
out further proceedings.

7. But if any tenant or proprietor desire it, or if the court
see cause for so doing, it shall appoint five disinterested {rec-
holders of the county (any three of Whom may act) for the

urpose of ascertaining a just compensation for the land to
e used for such road or landing. Said commissioners shall
mect on the lands of such proprietors and tenants as may be
named in the order of court, at a certain place and day
therein also specified, of which notice shall be given by the
sheriff to such proprietors or tenants, their agents or attor-
neys, except only that it need not be given to one pres-
ent at the time of making the order. Any one or more of
said commissioners attending on the land as aforesaid, may
adjourn, from time to time, till the business shall be finished.
The said commissioners, in the discharge of their duties, shall
comply, in all respects, with the provisions of sections nine
and ten of chapter fifty-six of the Code of eighteen hundred
and seventy-three, and forthwith make return of their re
port, and the certificate of the justice to the court of the
county or corporation; and unless good cause be shown
against the report, the same shall be confirmed. If, however,
good cause be shown against the same, or if the commis-
sioners report their disagreement, or if they fail to report
within a reasonable time, the court may, as often as it seems
to it proper, appoint other commissioners, and the matter
proceeded in as before prescribed.
8. When the record shows that the sum allowed by the
commissioners as Compensation to any proprietor or tenant
3 NOt more than the court before making tho order appoint-
ing sach commissioners had consented to allow him, such
proprietor or tenant shall be adjudged to pay the costs oc-
casioned by such order.

9. Not more than one acre of land shall be condemned for
any landing; and no road or landing shall be established upon
or through any lot in an incorporated town without the con-
sent of the proprictor ‘thercof, or through the lands of any
cemetery, or through the lands of any seminary of learning,
without the consent of the owners thereof, or the corporate
Authorities.

10. When the road or landing is established or altered, the
county shall be chargeable with the compensation to the
proprietors or tenants, with such costs as the court may
allow the applicant, and the costs of the commissicn, except
in the case mentioned in the cighth section.

11. A statement, in writing, of the number of days each
commissioner or viewer appointed under the first or third
section, and every surveyor, was employed in executing any
such order, sball be sworn to and presented to the court, and
the court may allow to eacb a reasonable compensation, not
exceeding one dollar per day for each commissioner, and two
dollars and fifty cents per day for the surveyor, to be paid by
the county.

12. When the court decides against the application of an
individual to establish or alter a road or landing, he shall
pay the costs incurred in the case, except the compensation
of the commissioner, viewers and surveyor, and except such
costs as may be payable by any proprietor or tenant under
the eighth section, and the court may enforce payment
thereof.

13. When any road is altered, it shall be discontinued to
the extent of such alteration, and no farther. Any person
may apply to have a county road or landing discontinued,
after posting notice of the intended application on the first
day ot a term of the county court, at the door of the court-
house of the county, and at two public places in the neigh-
borhood. The county court, at the next term after that at
which notice may have been so published, shall appoint
three or more commissioners or viewers, to view such road
or landing, and report, in writing, whether, in their opinion,
any, and if any, what inconvenience would result from dis-
continuing the same. Upon the said report, and other evi-
dence, if any, the county court may discontinue such road
or landing; taking care, in every case of an established post
road, not to discontinue the same until another has been sub-
stituted. | .

14. Application may be made to the court of a county to
permit gates to be erected across any road therein, and a
notice of such application shall be forthwith posted at the
door of the courthouse, and at two public places near where
the gates are proposed to be erected. If it appears, at the
next term, that the notice has been duly posted, at least
twenty days, the court may, upon evidence, if any, permit
such erection. But the gates erected, shall be discontinued
whenever the court may so direct, after like notice of twenty
days.

15. If it be suggested by any citizen of this state to a
county court of the county in which such gate may be, that
injury or inconvenience results therefrom, the court shall
cause the owner of such gate to appear at the next term and
show cause why the same should not be discontinued, and
upon the return of such process executed, shall determine
whether there ought to be such discontinuance or not. If
the court adjudge that the gate shall be removed, the sur-
veyor of the road precinct shall abate such gate at such
time as the court may order: provided, such person shalt
have the right of appeal to the circuit court.

16. The owner or occupier of every dam shall, so far as a
road passes over the same, keep such dam in good order,
at least twelve feet wide at the top, and also keep in good
order a bridge of like width over the pier-head, flood gates,
or any waste cut through or round the dam; and shall erect
and keep in good order a strong railing on both sides of such
bridge or dam, unless such railing be dispensed with by the
county court. If he fail to comply with this section, he shall
pay a fine, for every twenty-four hours’ failure, of two dol-
lars; but the fine shall not, in any one prosecution, exceed
fifty dollars; and where a mill-dam ix carried away or de-
stroyed, the owner or occupier thereof shall not be thence-
forth subject to such fine until one month after the mill shall
have been put into operation.

17. The court of cach county sball divide into precincts
oll the county roads not kept in order under any contract,.
and as often as it pleases may appoint a surveyor for cach.
precinct, who shall hold bis.office- until another be appointed
in his stead. The clerk of the court shall, upon such ap-
pointment, 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 his
March court, publish at the door of the courthouse a list of
the precincts, and of the names of the surveyors. <Any clerk
or sheriff, failing in such duty, shall forfeit therefor five dol-
lars: provided, that whenever a surveyor, so appointed, shall
remove from the precinct where appointed, his office of sur-
veyor shall be vacated.

18. 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. 3

19. Every such surveyor shall superintend the roads in
his precinct. He shall cause the samo 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 thercin. 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 sufficient bridge,
bench or log for the accommodation of foot passengers. When
any more important bridge or causeway 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 convenicat.
Every bridge or causeway, in his procinct, shall be kept by
him in as crood order ag the means in bis power will permit.

20. The county court of any 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, whose duty it shall be to lay off, alter, or re-
arrange any precinct or precincts therein, and to allot the
hands to work on the same. Said commissioners shall report
to court, as soon as may be their action in the premises.
Said report shall be filed for exceptions, and at the next term
of said court, any person, who thinks himself aggrieved
thereby, miy appear, and for good cause shown, have the
same altered or amended, otherwise it shall stand confirmed.
Said commissioners shall receive each one dollar per day for
their services, payable out of the county levy

21. All male persons, in each county, shall be compelled
to work on some public road therein, as near as may be to
the place of their residence, with the following exceptions,
namely: Ministers of the gospel, persons under sixteen and
above sixty years of age, persons who reside in a town that
provides for its poor and keeps its streets in order, and any
person who has lost a leg or arm, Any other person, who
is otherwise disabled, may be exempted on certificate of the
county court, of such disability.

22. Every person, required to work on the public roads,
shall, either in person, ‘or by a sufficient sabstitute, when no-
tified by the proper surveyor, attend with proper tools, and
work the road on such days as the surveyor may direct.
For every day on which there may be a failure, seventy-five
ecnts shall be paid to the surveyor, within thirty days there-
after, by the person in default, if a person of full age, or if he
be an infant, by his parent or guardian. If the money be
not paid to the surveyor within the time above specified, he
shall make outa ticket against such delinquent party, for
the amount of said fine, with an addition of ten per centum
for costs, which ticket shall be put by him into tbe hands of
the conatable of his district, or the sheriff of the county for
collection: provided, however, that such dclinquent may,
after notice to such surveyor, apply to the county court or
judge thereof, in vacation, or to the supervisor of hia district,
and for good cause shown, bave said fine released or remit-
ted: and provided further, that such delinquent may, before
said ticket goes into the hands of the constable or sheriff
discharge said fine by labor upon his road precinct. The
officer having charge of the collection of such fines, may dis.
train therefor, in the same manner as for taxes and county
levies. He shall account to the surveyor for all fines col.
lected by him, dividing the costs collected equally with the
surveyor, and shall 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. Said clérk shall label and file the same in his
office.

23. If the surveyor of any road precinct is unible, with
the means and labor at his disposal; to keep in good order
his road precinct, he may apply to the county court of bis
county who may authorize him to hire as many laborers as
will suffice to keep his precinct in good order, or to repair
great damages casually occurring, or open 9 new road, when
ordered by the court. The county court may also authorize
the surveyor to purchase such material, tools or implements
as may be necessary to facilitate or economize the work in
his precinct. The surveyor shall retyrn to the county court
a particular account, on oath, of the expense so incurred,
and for the hire of teams, plows, &c.; also, the expense of
placing and keeping sign boards, as before mentioned, and
they shall allow the same or so much thereof as may be
justly due, to be paid out of the county fund.

24. The board of supervisors shall prepare a schedule,
which shall show the prices allowed for the use of teams,
plows, and other implements used on public roads: provided,
that no price be allowed for the use of any implement the
market value of which dges not excecd one dollar. <A copy
of this schedule shall be delivered to each survevor by the
clerk.

25. The surveyor of any road may take from any con-
venient lands so much wood, stone, gravel or earth, as may
be necessary, to be used in constructing or repairing sach
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, aud such ditch be not cut
through any lot in a town yard, or garden, without the con-
sent of the owner. |

26. If the 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, requiring them to
view the said lands and ascertain what is a just compensa-
tion to such. owner or tenant for the damage to him, by rea-
son of anything done under the preceding section. .The said
freeholdérs, after being sworn, shall accordingly ascertain
such compensation and report the same to the board of
supervisors; and an allowance shall be made therefor in the
next county levy.
27. Every road surveyor, in addition to what is required
of him in the twenty-third section, shall report to the county
court, at the March term thereof in each year, an exact ac-
count, verified on oath, of all moneys received by him by
virtue of his office, during the past year. Said account shall
specify the amount expended by him and the manner in
which the same has been expended, together with the
amount, if any, remaining in his hands unexpended. He
shall apply any balance so remaining to the use of his road
precinct, in such.manner as said court may direct, or turn
over the same to his successor in office, who shall in like
manner account therefor in the next annual report. It shall
be the further duty of said surveyor to embrace in his report
the number of days’ labor performed by him and his hands
on his road precinct during the past year, what alterations,
improvements or repairs he may think should be made
during the ensuing year, the probable costs of the same, and
any other matters or suggestions in relation to his road pre-
cinct, which he may deem pertinent or which may be re-
quired of him by said court. It shall be tho duty of the
clerk of said court, after said report has been examined by
the judge thereof, to label and file the same in his office.

28. Every surveyor of a road shall be entitled to compen-
sation, at the discretion of the county court, to be by it cer-
tified to the board of supervisors, and paid out of the county
Jevy, not exceeding one dollar per day, for the time actually
employed in summoning hands to work on the road; which
time shall be stated, in writing, and sworn to. Any surveyor
of a road, who shall fail to perform any duty required of
him in this act, shall pay a fine of not Jess than five -nor
more than thirty dollars.

29. When a bridge or causeway,is necessary, and it is not
practicable for the surveyor to have it built or repaired, the
county court may contract therefor; und to this end, appoint
one or more commissioners to receive proposals.

30. The court of one county may notify the court’ of an-
other, that a road is necessary from the line of the former to
a place in tue latter, or that a bridge or causeway is neces-
sary over a place between the two counties. Ifthe court to
which such notification is sent, concur in this opinion, it
shall, in the former ca3e, proceed in like manner as when a
person applies to have a road established; and in the latter,
it shall appoint three commissioners to mect at such place
between the two counties, on a certain day, and agree with
commissioners of the other court, as to the manner and con-
ditions of doing the work. Upon thisorder being communi-
cated to the former court, it shall make a similar appoint-
ment. The persons 60 appointed shall, after such conference,
report the result thereof to the courts by which they are re-
spectively appointed. Upon such report being made, such
of the courts shall direct the same, or any other commis-
sioners, not exceeding tbree for each court, to unite with
commissioners of the other court, in receiving proposals for
doing the work in such manner, and on such conditions, 4s
may have been agreed on by the commissioners, or in any
other manner, or upon any other conditions, that may be
concurred in by the two courts.

31. At any time, when any county court or county courts
are authorized by the laws now in force, to appoint commis-
sioners to receive proposals for building or repairing a bridge
or causeway, such court or courts may, in their discretion.
authorize the commissioners to determine whether any, and
if any, which of the proposals shall be accepted, and to re-
duce to writing a contract between the county or counties.
and any person whose proposals they may accept, and to

take bond from the contractor, with sufficient sureties, in a
penalty at least double the amount which he is to receive
under the contract, payable to the county or counties, with
condition for the faithful performance of the contract. Such
bond and contract, after being signed by said contractor.
shali be returned by the commissioners to the said county
court or county courts; and if approved and ratified, the tact
shall be entered of record, and the contract and bond shall.
from the time of such approval and ratification by said court
or courts, be binding upon the county or counties and such
contractor; and the said contract and bond shall remain filed
in the clerk’s office.

32. If the court to which such notification is sent. shall
fail to appoint reccivers or commissioners, or if cither court
shall fail, in any respect, to do on its part what should be
done towards the work, the remedy, by mandamus, shall lie
before the circuit court of the county whose court is com-
plained of, on behalf of the court of the other county; and
the circuit court shall compel the court complained of, to do
what ought to be done in the matter. I[f it shall appear,
from the report of the commissioners of either county, that
it would be equitable for the two counties to bear ratably the
expense of said bridge, the county courts of said counties
may agree upon an equitable division of the expense of the
bridge. . If, however, the said courts cannot agree, the board
of supervisors of either county may take an appeal from the
decision of the county court of the other county to the cir-
cuit court of said last named county, which cireuit court
shall hear evidence and determine, first, whether the bridge
is needed; and secondly, in what manner the e expense thereof
should be equitably divided between the counties.

33. The court of any county may appoint one or more
commissioners or surveyors to receive proposals for making.
improving or keeping in order the whole or any part of any
road therein; such keeping in order to be for such length of
time as the court muy prescribe.

34. The commissioners to receive proposals for any work,
shall publish notice in a newspaper for four weeks, or at the
front door of the courthouse on a court day, and in the
neighborhood at three or more public places where the
work is to be done, that proposals for such work will be re-
eived in writing on the first day of the next court, or on
uch subsequent day as may be mentioned in the notice.
“he notice shall describe the work to be done, and require
uch specifications to be made in the proposals as the com-
nissioners may determine on.

35. The proposals which may be received shall‘all be re-
urned to the court or courts, as the case may be, which
hall determine whetber any, and if any, which of the said
yroposals shall be accepted; and if the proposals of any per-
on be accepted, shall direct the commissioners, or one ot
hem, to reduce to writing a contract between the county or
‘ountics and such person.

36. The commissioners shall report to the court every
uch contract, signed by the person with whom it is made,
ind after an order shall be made by the court or courts rati-
‘ying such contract, the same shall be binding upon the con-
‘ractor and the county or counties, so soon as the contractor
rives bond, with sufficient sureties, to be approved by the
court, and in a penalty at least double the amount which he
is to receive under the contract, payable to the county or
counties, with condition for the faithful performance of such
contract. Such bond shall be taken by the commissioners
and returned to the court. If approved by the court, the
fact shall be entered of record, and the bond and contract
Shall remain filed in the clerk’s office. The court may ap-
point one or more commissioners to-superintend the work
contracted for, and muy make such atlowances therefor as it
may deem reasonable, which shall be chargeable on the
county; and no person appointed a commissioner under the
order tor such contract shall become an undertaker for the
work, cither directly or indirectly.

37. The money which the contractor may be entitled to
receive under such contract, shall be so levied for as to be
paid at the times at which, hy the contract, the same ts to
be paid. When the contract is with two counties, the levy
therefor shall be by the supervisors of the two, in propor-
tion to the taxes in cach, according to tho last assessment
next before such contract.

38. No person shall use any county bridge as a wharf
from which to unload or load any vessel or boat, nor as a
place of deposit for any property, or any other purpose ex-
cept for crossing. Nor shall the master or owner of any
vessel make fast the same to or lay the same along side such
bridve. Any person violating this section shall” pay a fine
of not less than five nor more than twenty dollars, which
fine shall be to the county in which the offence was com-
mitted.

39. Any person owning land upon a water course may
erect a wharf on the same, or a pier or bulkhead in such
water course opposite his land, so that the. navigation be not
obstructed thereby, and so that such wharf, pier or bulk-
head, shall not otherwise injure the private rights of any
person. But the court of the county in which such wharf,
pier or bulkhead, shall be, after causing ten days’ notice to
be given to the owner thereof of its intention to consider
the subject, if it be satisfied that such wharf, pier or bulk-
head obstructs the navigation of the water course, or so en-
croaches on any public landing as to prevent the free use
thereof,.may abate the same.

40..Any person desiring the privilege of erecting a whart
at or on any county Janding, may, after giving notice of his
intention, by advertising such notice at some public place
near the landing, and also at the front door of the courthouse
of such county, on the first day of a term of the court ot
said county, present to the court at its next term a petition
for such privilege. The court may consider the same, and
may, in its discretion, grant such privilege, and fix such rates
and charges, upon such conditions or limitations as to it may
seem fit. But the court, at any subsequent time, may, if it
think proper, revoke such privilege, or alter such conditions
or limitations, or regulate the rates and charges. This sec-
tion shall not be construed to authorize the county court to
grant the privilege of erecting a wharf, within a town whicb
has a corporation court.

41. Nothing contained in thfs act shall be construed to

‘take from the jurisdiction or charge of the trustees, court, or
authority of any town, so much of any road, as by the laws
now in force is under such jurisdiction or charge, or to repeal
or ‘alter an act passed February twenty-eighth, eighteen hun-
dred and fifty-six, for working the roads of Loudoun county.
or any act amendatory thereof.

42. It shall be lawful for the county courts of the common-
wealth to grant authority to individuals to construct or
build tram-roads along the county roads: provided,’ they do
not interfere with travel along such roads, the consent of the
owners of the fee having been first obtained.

43. For the purpose of carrying into operation tbe pro-
visions of this act, the county court of each county shall ap-
point, as soon as may be, three discreet freeholders in’ each
magisterial district, whose duty it shall be to lay off their
respective magisterial districts into road precincts, and allot
the hands to work on the public roads in each precinct.
Proceedings under this section shall conform to the provi-
sions of the twentieth section of this act.

44. It shall be lawful for the board of supervisors of any
county upon the petition of twenty-five freeholders from any
magisterial district or districts affected thereby, to adopt 4
mixed system of contract and labor for working the roads
of such county, such system may be applied to the whole
county or any magisterial district thereof: provided, that no
citizen shall be compelled to labor more than three days in
onc year, nor shall any tax greater than five cents on the
one hundred dollars of property, be levied under such sys-
tem: and provided further, that, upon the petition of fifty
freeholders of the county, the county court shall have power
to set aside and annul the action of the board of supervisors,
after baving caused thirty days notice of the filing of such
petition to be given to the clerk of the board. ‘Taxes under
this section shall be levied and collected as other county
evies.

45. Chapter fifty-two and section ten of chapter six of the
Code of Virginia, edition of cightcen hundred and seventy-
three, and all acts and parts of acts inconsistent with the
provisions of this act, are hereby repealed.

46. This act’shall be in force on and after the first day of
May, eighteen hundred and seventy-five.