Chap. 255.—An ACT providing for submitting tothe voters of Warren
county, on fourth Thursday in May, eighteen hundred and seventr-
seven, the adoption or rejection of a law for working and keeping the
public roads in order in said county.

Approved April 2, 1877.

1. Be it enacted by the general assembly of Virginia, That
the several magisterial districts of Warren county shall be
each a separate road district; and it shall be the duty of the
board of supervisors of said county, at their first meeting
after the adoption by a majority of the qualified voters of
said county at the election hereinafter provided for of this
act, and annually thereafter, at their regular meeting on the
first Wednesday in November, to appoint one road commis-
sioner for each magisterial district, who shall hold his office
until the first day of January of each year, or until bis suc-
cessor is appointed and qualified. Said commissioners sball
qualify by taking the oath of office prescribed by the general
law, and enter into bond with such security and in such
penalty as may be required and approved by said board of
supervisors for the faithful performance of theirduties. And
if iy reason of death, resignation, removal, or refusal to
serve, a vacancy shall occur in the office of said road com-
missioner of any magisterial district, the said board of super-
visors shall, at their meeting next succeeding said vacancy,
appoint some suitable person to fill the unexpired term of
the road commissioner so vacated.

2. The supervisor of the magisterial district, the road
commissioner appointed as above for said district, and such
justice of the peace within said district as they may select.
shall constitute a board of road commissioners for said dis-
trict. The supervisor as aforesaid to be chairman of said
board. They shall, as soon as organized, appoint one of their
number to act as clerk, who shall give bond, to be approved
by said district board, in the penalty of not less than two
hundred dollars, conditioned for the faithful performance of
his duties.

3. Said district board sball meet each within their respec-
tive districts as soon as practicable, and if necessary, redis-
trict the roads in sub-districts, or adopt the same as now
divided; and it shall be the duty of each board to appoint
annually an overseer of roads for each sub-district, who shall
hold his office until the first day of January of each year, or
until his successor is appointed and qualified. The said over-
seer of roads shall be a resident of the sub-district for which
he is appointed, who shall qualify before entering upon the
duties of his office by taking the oath of office prescribed by
law before one of the justices of the magisterial districts, or
before the chairman ot the board of said commissioners, who
is hereby authorized to administer the same; and shall enter
into a bond with a penalty to be prescribed by the board, but
not less in any case than double the amount and value of
any property and money which will probably come into his
hands during the year, conditioned that he will account for.
such property and money that pass into his hands as such
overseer, and in all other respects faithfully discharge the
duties of his office; such bond shall be acknowledged before
a justice or chairman of the boar, with sureties to be ap-
proved by at least two of the members of said board, re-
turned to the clerk of the county board of supervisors, and
kept by him with the other records of his office.

4. There shall be regular meetings of the district board on
the first and fourth Mondays in October of each year. At
the meeting on the first Monday in October, the several over-
seers of roads shall make their reports and statements of ac-
counts. The board shall proceed to audit and settle the
same, and if not completad in one day, may adjourn from
time to time until all accounts are audited. Said accounts,
when allowed by said district board, shall be entered up in a
book kept for that purpose by the clerk of said board in the
name of each party, amount due and properly numbered;
and for settlement of same, warrants shall be drawn, num-
ber, name, and amount as above mentioned, plainly set out
therein, upon the county treasurer, signed by said clerk and
countersigned by chairman of said board. At the meeting
on the fourth Monday in October, the said board shall ap-
point the overseers of roads for the sub-districts within their
district for the ensuing year; shall also select a clerk, each
of whom shall qualify as aforesaid. They shall also at this
meeting make an estimate of the amount of tax necessary
to be levied upon all property, real and personal, of the
magisterial district assessed for the state revenue, to be made
from the last returns of the commissioners of revenue, to pay
the expense of keeping all the public roads within their dis-
trict in good repair, and of such width and condition as may
be required by law, not to exceed five cents on the one hun-
dred. dollars valuation of taxable property; which estimate
they shall require the clerk of said board to lay before the
county board of supervisors on the first Wednesday in No-
vember. The said district board may also, at their meeting
on the fourth Monday in October, transact any unfinished
business from former boards or meetings, and such other
business relating to public roads within their districts as
they may deem expedient, not inconsistent with this act.

5. Special meetings of the district boards may be called
by the chairman, upon the application of any two of its
members, for the transaction of any business necessary or
proper to be done by the board; and any vacancy in the
office of clerk or overseer of any sub-district, may be filled
at any meeting of the board.

6. All male persons in each sub-district, shall be enrolled
by the oversecr for that district, and compelled to work on
some public road therein two days in each year, with the
following exceptions, namely: persons under sixteen and over
sixty years of age; all ministers of the gospel; persons who
reside in a town that keeps its streets in order, and provides
for its poor; and any person who has lost a leg or an arm.
Any other person who is otherwise disabled, may be ex-
empted on certificate of the county court of such disability.
A list of persons so appointed to work on the public roads
shall be made out in alphabetical order and filed by the over-
seer with the clerk of the district board.

7. At such times as the overseer may judge most suitable,
be sball notify all persons in his sub-district, liable to road
duty, of the day on which he requires them to work 6n the
road. Every person liable to road duty, either in person or
by an able-bodied substitute, not less than sixteen years of
age, when required by the overseer of his district, attend
with such teams, wagons, carts, scoops, or other implements,
if he have them, and work the-roads on such days (not ex-
ceeding two) as the overseer may direct. The overseer shall
keep a strict account of all credits due any person for ser-
vices rendered, in accordance with the schedule furnished by
the board of supervisors; and shall give a certificate, when
s0 requested, to any person entitled thereto, showing such
credita.

8. For every day on which there may be a failure to work.
by any person liable to road duty, one dollar shall be paid as
a fine to the overseer of his road district by the person in de-
fault, if a person of full age; or if he be a minor, by his
parent or guardian. If the money be not so paid, it sball be
recoverable by the overseer, with costs, before a justice; and
said justice shall issue a writ of fieri facias for the amount
and costs, which, when collected, shall be paid to the said
overseer, or his successor. Any money received by an over-
seer under this section, after payment of costs, shall be ap-
plied to the working of roads within his district, and shall be
accounted for by him to the district board. |

9. Every overseer shall cause the roads under his charge
to be kept clear and smooth, free from loose rocks, from gates
unlawfully kept up, and other obstructions, of the required
width, well drained, bridges safe, and otherwise in good order.
He shall also cause all dead timber, liable to fall in the road,
to be removed. He shall, when directed by the district
board, keep at the fork or crossing of every road a aign-
board, on which shall be plainly lettered the most notable
points to which each point leads; and across each stream,
where it is necessary and practicable, a sufficient bridge,
bench or log, for the accommodation of foot passengers, and
a bridge for vehicles and horses. ‘ He shall also, if directed
by the board, provide suitable watering places on the line of
roads under his charge, for the accommodation of stock and
persons.

10. Each overseer shall receive for his services such per
diem as may be fixed by the board, not to exceed two dollars
per day, for each day actually and necessarily employed in
the discharge of his duties; but no compensation shall be al-
lowed any overscer whose roads have not been inspected and
approved by the road commissiorfer of the magisterial district
in which his sub-district is located; right, however, is herein
reserved to the overseer to appeal from the decision or action
of said road commissioner to the district board; whereupon,
the said district board shall appoint two or more disinterested
freeholders to inspect the road or roads in dispute, and re-
port their action at the meeting on the fourth Monday in
October; the report of said freeholders to be accepted by all
parties as final.

11. At the meeting of the district board on the first Mon-
day in October, the overseer shall render an accurate account
to the beard of all fines imposed, collected and expended by
him, and what persons are delinquent and for what sums,
what persons are entitled to pay, and how much for labor,
teams, implements and materials, and. how much, in his
opinion, it will require to keep the roads in his district in
order the ensuing year, and make such improvement as may
appear advantageous. Said overseer shall have credit, in bis
settlement, for all receipts of constables for fines placed in
their hands for collection and uncollected, and the same shall
be charged against his successor; but the board may, at any
time, credit such overseer with any fines that may appear
insolvent, and which the overseer may make affidavit have
not been collected by him: provided that if required by the
board, the overseer, in any charge for services rendered by
himself or his employees, hire of his own teams and imple-
ments, or materials furnished by himself, shall prove the
same by affidavit of tavo disinterested witnesses, who shail
be tax payers of his road district, that the said charges are
just. Any overseer of the roads who shall fail to perform
any duty required of him by this act, shall pay a fine of not
less than five nor more than thirty dollays, and may be re-
moved from office by the board.

12. The overseer and his sureties shall be liable upon his
bond for any failure to account for any property or money in
his hands belonging to or due said district; and if he fail to
make such settlement as is provided for in the preceding
section, or fail to account for any property or money placed
in his hands, the clerk shall at once notify the clerk of the
county board of supervisors, who shall place the bond of said
overseer in the hands of the attorney for the commonwealth,
who shall suc upon the same in the circuit or county court
for the value of such property or such sums as may be due
for the use of his sub-district, and shall be entitled to a fee
of five dollars, to be added in the costs of the suit.

13. The overseer of any sub-district may take from any
convenient lands so much wood, stone, gravel, or earth, as
may be necessary to be used in the construction or repairing
of such 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
or other article be not taken from, any such ditch be not cut
through, any lot in a town, yard, or garden, without the con-
sent of the owner. ;

14. If any owner er tenant of any such lands shall think
himself injured thereby, a justice, upon application to him.
shall issue a warrant to three freeholders of the sub-district,
requiring them to view the said lands, and ascertain what is
a just compensation to such owner or tenant for the damage
to him by reason of anything done under the preceding sec-
tion. The said frecholders, after being sworn, shall accord-
ingly ascertain such compensation, and report the same to
the district board, who shall allow and audit the same among
the claims against said district.

15. The commissioner of roads shall have under bis gene-
ral supervision all the roads within his magisterial district;
and he shall, before the first Monday in October of each
year, inspect and note the condition of all the roads in bis
district; the need of new ones or alteration in existing ones:
the condition of all bridges, and when new ones are needed.
give overseer of each sub-district a certificate of approval of
the work upon their roads, if their condition justify the
same; all of which matters, with such suggestions as to the
future work he may consider advisable, he shall embody in
a report to be made to the board at its mecting on the fourth
Monday in October. He shall pass over and inspect the
roads in his district at least twice during the year; shall
advise or suggest to the overseers any improvement in the
roads or manner of working them, and shall carefully note
any violation of duty by, or inefficiency of, any road overseer
in his district. THe shall receive for this service two dollars
per day for the time actually employed: provided the total
compensation shall not exceed ten dollars for any one year.
Any commissioner of the roads who sball fail to perform any
duty required of him by this act, sball pay a fine of not less
than ten nor more than fifty dollars, and may be removed
from office by the board. of supervisors.

16. The members of the board of road commissioners fur
each magisterial district, shall cach receive for their services
two dollars per day for time actually employed: provided the
total compensation of each shall not exceed ten dollars for
any one year. The road commissioner, however, to receive,
in addition to the above, his compensation as sct out in tbe
preceding section. The clerk of the board shall receive rea-
sonable additional compensation for extra services rendcred.
Such additional compensation shall be fixed by the board,
subject to approval by the county board of supervisors. The
allowance to the members of the board of road commission-
ers, and the clerk’s extra compensation, shall be audited by
said district board among the claims against said districts.

17. The clerk of the board of road commissioners in each
magisterial district shall forward, as soon as approved by said
board, any and all bonds of the overseers of sub-districts, to
the clerk of the county board of supervisors. He shall,
before the first Wednesday in November of each year, make
out a statement, in writing, of all claims against his said
district audited by the said board; the amount of each and
to whom due; what amount remains collected in the hands of
the overseers, and wbset amount remains uncollected of fines;
also the rate of road tax required by said board, to be levied
upon real and personal propeaty within his district for the
working of and keeping in order the public roads of said
district. This statement shall be laid before the board of
supervisors at their regular meeting onthe first Wednesday
in November of each year. The said clerk shall receive no
pay for extra services until the above statement is made as
directed.

18. The county board of supervisors, at their regular meet-
ing on the first Wednesday in November, or at such adjourned
meeting before the annual levy is closed, as they may deem
practicable, shall examine all statements of the district
boards laid before them, having power to correct any errors
that may be found therein, and shall levy such road tax for
the ensuing year, upon each magisterial district, as the board
of said district may require: provided said tax does not ex-
exceed the rate set out in the fourth section of this act in any
one district.

19. The clerk of the county board of supervisors shall
carefully file away and keep with the other records of his
office all bonds of road overseers and commissioners, and
other papers relating to public roads within the magisterial
districts of his county, that may be delivered to him by the
district board; he shall furnish the clerk of each district
board a certified copy of the schedule prices adopted by the
county board of supervisors for the hire of laborers, teams,
and so forth, and he shall deliver on or before the first day of
February of each year, to the commissioner of the revenue
for said county, a certified statement of the amount of road
tax laid by the said board of supervisors upon each magiste-
rial district.

20. It shall be the duty of the said commissioner of the
revenue, When making his assessment of other taxes, to ex-
tend upon his books, opposite the name of each person as-
sessed with real or personal property therein, in a separate
and distinct column, the amount of road tax for which each
3 liable, keeping each district separate; and for this service
he shall receive a compensation not exceeding two and one-
half per centum of tbe total amount of road tax so assesscd,
payable out of the county treasury.

21. The treasurer of said county shall enter said road tax,
assessed as provided in the preceding section, upon his tax
bills in a separate column, against all persons lable therefor,
and collect the same in such manner as is provided by law
for the collection of other taxes. He shall also keep a road
tax account with each magisterial district; and when said
taxes are collected, shall pay all road warrants presented to
him, signed by the clerk of the district board and counter-
signed by the chairman of said board, crediting each district
with the amant of road tax collected therein, and charging
each district with all road warrants issued thereon when
paid by Lim; shall also settle his accounts relating to road
tax annually with the district boards at such time as the
said boards may order; and for this service he shall receive
the same rate of per centum upon the road tax as is now
allowed by law for the collection of other taxes.

22. Every petition for a new road, or to lay out, open, alter
or change a public road, must first be presented to the com-
missioner of roads of 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, to be proceeded
in as is now provided in the general road law of the state.

23. The court shall, however, if the damages assessed be
allowed, order the said 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 ; the viewers to be paid the sum of
one dollar each per diem, and the surveyor two dollars per
diem, for time actually employed, out of the county treasury.

24. In case of a road, or a line dividing two magisterial
districts, excepting such as may be otherwise provided for
by special act, the commissioners of roads of the adjoining
districts shall divide the said road between such districts in
‘such way as will equitubly divide the expense, if they can
agree, and in case they cannot agree, the county board of
supervisors shall divide the same and direct what part of said
road shall be opened and kept in repair by each magisterial
district.

25. The county board of supervisors shall adopt annually
a schedule which shall show at what rate each tax-payer
shall have credit for his labor on the public roads, and for
the use of his teams, plows, and other implements used there-
on: provided the credit for labor shall not exceed the rate of
seventy-five cents per day for an able-bo lied band: and pro-
vided further, that no credit shall be allowed for the use of
any implement, the market value of which does not exceed
three dollars. A copy of this schedule shal: be delivered to
the clerk of each district board on or before the first day of
February of each year, and he shall forthwith deliver a copy
of the same to each road overseer within bis district.

26. All matters not specially provided for by this act shall
be as provided in the general road law of this state, when
not in conflict with this act.

27. This act shall not take effect unless ratified by a ma-
jority of the registered voters of Warren county, at the elec-
tion to be held on the fourth Thursday in May, eighteen hun-
dred and seventy-seven; and at such election each of said
voters, who shall approve the law hereinbefore set forth,
shall, on the ballot which he uses to vote at said election,
have written or printed, the words, “For the proposed road
Jaw,” and each of said voters who shall be opposed to said
road law, shall; on the ballot which he uses to vote at said
election, have written or printed the words, “Against .the
proposed road law.” "

28. The manner of receiving and canvassing the ballots
cast at such election on the question of the adoption or re-
jection of said proposed road law, and making returns and
abstracts of the results thereof, shall conform, in all respects,
to the regulations prescribed by the general election law of
this state, except that the certificate of the judgesof election
shall be as follows:

We hereby certify that at the election held at pre-
cinct, votes were cast for the adoption of the proposed
road law for Warren county, and votes were cast against

said proposed road law. .
A. B.
C. D. > Judges.
EK. F.

r H "+ Clerks.

29. If, from such returns and abstracts of votes cast on the
question of adopting or rejecting said proposed road law, it
sball appear that a majority of the qualified voters of the
county aforesaid are in favor of the adoption of said pro-
posed road law, then it shall be the duty of the county court
to declare the provisions of this actin regard to the working
and keeping in repair the public roads in Warren county,
operative and in full force and effect in said county.

‘30, This act shall be in force from its passage.

r