Chap. 92.—An ACT to provide for the Working of Roads in the County
of Fauquier.

Approved February 24, 1876.

1. Be it enacted by the general assembly, That it shall be
lawful for the county of Fauquier after the first day of Jan-
uary, eighteen hundred and seventy-five, to locate, open,
change, and repair highways, roads, and bridges, as follows :

2. That for each magisterial district in the county of Fau-
quier, there is hereby created and established a board, con-
sisting of the supervisor, a commissioner of roads, and one of
the 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 building and repairing bridges, shall be expended in said
magisterial district, except as hereafter provided. The jus-
tice of the peace constituting a member of said board shall
be chosen and designated by the three justices of the peace
elected and commissioned in the several magisterial districts,
and the commissioner of roads shall be appointed by the
judge of the county court as hereinafter provided. The de-
signation of the justice who is to serve on said 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 of commis-
sioners 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 township,
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 for one year, beginning on the first day
of July succeeding his appointment. He shall reside in the
district for which be shall have been appointed, and shall
have charge of the roads of his district. If any such over-
seer 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 over-
seer for two consecutive years, may give up his office on
producing a certificate to the board from the road commis-
sioner, or other satisfactory evidence that the roads in his
district are in proper order; and he shall not, within two
years thereafter, be appointed overseer without hia 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 obstruction, that
all loose stones are removed; and he shall contract for all
tools and implements necessary for working the roads, sub-
ject to the approval of the commissioner of roads, and Shall
have custody ofthe same, and shall perform such other du-
ties as may be prescribed by law, or directed by the board
of commissioners of roads. His compensation shall be one
dollar and fifty cents per diem for each day actually em-
ployed.

6. That annually at the May term of the county court,
there shall be appointed by the judge of the court, for each
magisterial district, one commissioner of roads, whose term
of office shall be for one year, beginning on the first day of
July next succeeding his appointment; he shall reside in the
district for which he is appointed. Hach 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 good personal security in
not less than two thousand dollars nor more than five thou-
sand dollars.

7. That the commissioner of roads shall have charge of all
the roads in his magisterial district. His duty shall be to
see that all roads in his district are of the proper width, and
in all cases where they are not, to notify the persons tres-
passing, by written notice; and if the obstructions are not

reinoved after reasonable notice, not to exceed ninety 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
overseer and cgntractors; and if he shall 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 payment there-
for, as provided in section eleven of this act; but if upon
such examination he shall ffnd that such contractor or over-
seer has executed his contract or performed his duty, accord-
ing 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 overseer, it shall be the duty of such overseer to give
a like certificate. His compensation shall be two dollars per
diem for each day in which he has been or may be actually
employed in discharging his duties under the provisions of
this act, and to be paid by the board of commissioners of
roads for the respective magisterial districts: provided how-
ever, 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 the commissioner of roads for the district, and the
overseer of the sub-district, shall let to contract at public
letting, to the lowest and best bidder, for @ term of three
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
handbills posted in at least three places in each road district.
The specifications 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
maintaing of sufficient bridges over such streams and ravines
as may need them; and in every case, except mountain roads,
it shal! 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 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 directed in the preceding section of this act,
(and within the same period of time preceding the expiration
of each and every term of years thereafter,) to lay out and
divide the public roads and highways in the said district
into sections not exceeding two miles in length, which they
shall number and describe in a book kept tor the purpose.
They shall also distinctly specify therein what they deem
necessary for the improvement and keeping 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, respec-
tively, for the 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 citizen
of the county.

10. Each contractor shall sign his name in a book to be
kept for that purpose by the commissioner of roads, to a
contract embracing all the specifications in relation to the
roads contracted for by him, as provided by the eighth sec-
tion of this act, as well as the contract price, the length of
time contracted for, and the number and description of sec-
tions contracted for. All contractors shall give bond and
‘security in such sum as the board shall deem sufficient, in a
pena ty not less than twenty-five dollars nor more than dou-
-ble 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 sec-
tion, and if the complaint is well founded, shall give imme-
diate notice in writing to the party to make or put his road
or section in repair according to law, or as the contract re-
quires; and upon his failure to do so, the overseer shall pro-
ceed to put the same in order, and the expense éhereof, with
costs of suit, shall be recovered by the commissioner of roads
in the name of the board, from the contractor and his securi-
ties, as other debts are recoverable.

12. That if any section remain unlet by reason of their
‘being no bidder, or the amount offered be deemed unjust, the
‘commissioner of roads and overseer of the district may let
the same by private contract, the contract price not to be
more than estimated by the overseer and commissioner of
roads, and no supervisor of said county, or commissioner of
the revenue, or overseer of the roads therein, or other person
authorized to represent the county in contracting for the
working of any of the roads thereof, shall be in any way in-
terested 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
district shall take chargé of the road or section, and make
-or keep it in repair, and for that purpose may employ such
number of laborers, teams, wagons, and plows, as may be
mecessary, 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 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.

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 commis-
sioner of roads and overseer may release the said contractor
from his contract, and shall let the sections 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 roasons therefor, which petition and commis-
sioner’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 vi-
cinage 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
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 re-
spect 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 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 interest 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 may pass, in such proportion as the damages may
have been assessed in the said districts respectively; but
upon the return of the report of the receivers, the proprie--
tors and tenants of land upon which said road will be, if
established, shall be summoned to show cause againstYsaid.
report, and any proprietor or tenant of lands on which said
road will be, if established, may enter himself a party defen-
dant 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 surveyor shall be paid out of the coun-
ty treasury.

17. 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. ,

18. 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, and the county or other surveyor two dollars per
‘diem, to be paid as provided. for in section sixteen of this act.

19. The labor of the able-bodied citizens of each road dis-
trict in said county, or section thereof, not exempt under the
present general road law of this state, shall be farmed out by
the commissioner and overseer of roads, or other person au-
thorized to keep in repair the roads in such road district or
a section thereof; and such contractor shall have all the
rights and remediés for requiring such able-bodied citizens
to labor on the roads in their road district, or the section
thereof in which they reside, not to exceed two days in each
year, and for collecting and enforcing the fines and penalties
imposed by the general road law of this state for failing to
work the roads when summoned so to do. 7

20. 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. |

21. That in case of aroad or a line dividing two magis-
terial districts, the commissioners of roads of the adjoining
districts shall divide the said road between such 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.

22. Thut under the direction of the commissioner of roads,
the overseer shal! 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; a failure,to comply with this provision shall be
punished by a fine of not less than five dollars for each of-
fence, and any person who defaces, removes, or in any way
injures any ibdicator, shall be 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 contractor
shall have power to enter upon any lauds adjoining his road
or section to make necessary repairs, drains or ditches.

23. That the board of commissioners of roads for their re-
spective districts shall, annually, in the month of July of
each year, lay a road tax, not exceeding twenty cents on the
dollar of .the amount of state revenue, and a like percentage
on licenses within the district, as adjusted for the state and
county tax.

24. That the sheriff of the county shall collect the road
tax, and pay the same over to the commissioners of roads of
the several 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 pro-
vided. He shall, in the month of December of each year,
give notice, by posting handbills in each road district, to
tax payers, requiring them to call on him to pay their road
tax. Such as shall make payment on or before the first day
of March thereafter, shall be entitled to a deduction of five
per centum. The sheriff shall receive as equivalent to money,
all accounts for labor, teams, wagons, plows, materials fur-
nished, 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. Hach commissioner of roads acting under the pro-
visions of this act shall settle with the board ot commission-
ers of roads 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 pur-
poses, and pay over any balances in his hands to his succes-
sor in office, which shall be placed to the credit of the board
and appropriated for road purposes.

25. That if any person shail neglect to make payment of
road taxes until after the first day of March, the sheriff shall
make out a list of delinquents, and of the amount of taxes
due from each, and shall collect them as now provided by
law for the collection of state taxes.

26. That the board of commissioners of roads shall annu-
ally on the first Monday in June, audit, adjust, and settle the
accounts of the sheriff for the preceding year. They shall
charge the sheriff with the full amount of the road tax levied.
in the district, and shall credit him by his commissions, de-
linquents, and all payments made by him to the commissioner
of roads for which he has the proper receipt. He sball re-
ceive the same per centum for collecting road taxes as for
collecting the state revenue.

27. Any person or persons causing water to be diverted
from its natural course and conveyed across a-public high-
way, or who, by the erection of waste gates, or any other
meana, shall cause water to flow or 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 commissioner
or overseer of roads shall notify such person or persons that
his or their bridge is unsafe, and such person or persons shall
fail to make the necessary repairs, he or they shall be held
responsible for all damages, to be recovered by warrant be-
tore a justice of the peace or court of competent jurisdiction,
that may result from such failure. Within ten days after
such failure, the commissioner 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.

28. That upon the petition of twenty free-holders of each
district, the board of supervisors, if a majority of thém shalk
so determine, 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 lo-
cation of towns, stores, mills, post offices, churches, school-
houses, and other prominent objects, indicating beds of min-
erals; all the mappings to be completed in three years from
the first day of January, eighteen hundred and seventy-six.

29. That the compensatior 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.

30. That the price of the map on rollers shall not exceed
five dollars, and that each person whose levy for map pur-
poses shall, in three years, be equal to five dollars, shall be
entitled to a copy; and each person whose levy does not
reach five dollars, 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.

31. 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 Fauquier. .

32. All acts heretofore passed by the general assembly in
relerence to the county roads of Fauquier are hereby re-

ealed.

33. All inmG@umbents of offices under the road law now in
force in Fauquier, will continue in office and discharge the
duties of the same until their successors are duly appointed
and qualified under the provisions of this act. -

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