An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1877/1878 |
---|---|
Law Number | 184 |
Subjects |
Law Body
Chap. 184.—An ACT to provide for working the roads in the county
of Fairfax. ’
Approved March 12, 1878.
1. Be it enacted by the general assembly of Virginia, That
the several magisterial districts in the county of Fairfax,
shall be each a separate road district and that the present
acting boards of road commissioners in each magisterial dis-
trict established by an act, approved March twenty-ninth,
eighteen and seventy-six, and their successors in office, shall
be a body politic and corporate, and shall be known and
described as The Board of Commissioners of Roads for
Magisterial District. Atthe regular election held for county
officers on the fourth Thursday in May, eighteen hundred
and seventy-nine, and every two years thereafter, there shall
be elected by the qualified voters of the county, three com-
missioners of roads for each magisterial district, who shall
take the usual oath of office and shall meet in their respective
districts as soon as possible after their qualification, and shall
organize the board of road commissioners by electing a chair-
man and appointing one oftheir number to act as clerk, who
shall give bond in the penalty of not less than two hundred
dollars, conditioned for the faithful discharge of his duties.
2. Each board of road commissioners shall, at their first
meetirg under this law, divide the roads of their districts
into sections of not less than one nor more than four square
miles, appoint overseers therefor and allot the hands thereon.
The limits and number of each section shall be defined and
entered in a book kept for general road purposes.
3. The board of road commissioners for the several magis-
terial districts shall meet at some convenient place in each of
said districts, the Monday preceding the annual meeting of
the board of supervisors of the county, held for the purpose
of laying the county levy. At this meeting the several over-
seers shall make their report and the board of road commis-
sioners shall audit andgsettle all claims against the district
for material furnished or labor performed, and shall draw
their warrants (not in excess of the funds on hand) on the
county treasurer forthe paymentofsame: provided no warrant
shall be drawn in favor of any party fora greater amount
than the road taxes of said party, unless the funds are ample
to pay all claims. They shall, also, at this meeting, ascertain
the amount of taxes that will be required to keep the roads
in their respective districts in lawful order for the ensuing
year; which amount shall be certified to the board of super-
visors of the county, who shall, in its discretion, levy the
same, not in excess of ten cents on the one hundred dollars’
valuation of real and personal property of the respective
districts as ascertained from the commissioner’s booka: pro-
vided however, any district may, by a three-fifths vote of its
qualified voters, increase said tax to an amount not in excess
of twenty cents on the one hundred dollars’ valuation of its
property.
4. The board of road commissioners sball appoint, annu-
ally, one overseer of road for each section in their respective
districts, who shall qualify, before entering upon the duties
of his office, by taking the oath of office prescribed by law
before a justice or other officer authorized to administer an
oath, or before the chairman of the board of said commis-
sioners, Who is hereby authorized to administer the same,
that he will faithfully discharge the duties of his office. If
any person shall refuse to serve as overseer after having been
duly notified of his appointment, or fail to perform any of
the duties herein prescribed (when possible), he shall be liable
to a fine or punishment of the grand jury, not exceeding
fifty dollars. But any person who has served as overseer, at
the expiration of the time for which be was appointed, if the
roads in his section are in good order and his returns properly
made, shall not within two years thereafter, without his
consent, be appointed overseer.
5. All taxes for road purposes under this act shall be
assessed by the commissioners of the revenue for the county,
who shall, as soon as possible after the completion of their
assessment, furnish the clerks of the several boards of road
commissioners within their district, a certificate showing the
amount of taxable property in each district, and the tax
levied thereon; said commissioners shall receive the same
per cent. for assessing and entering the road taxes as they
are allowed for extending the county levy. |
6. All road taxes provided for by this act shall be collected
and accounte:l for by the county treasurer as other taxes are
by law directed to be collected and accounted for, and he
shall be responsible on his official bond for all taxes so col-
lected. For collecting and distributing the said taxes he shall.
receive as compensation the same per centum that is allowed
for collecting and distributing the county levy. He shall
open an account with the several road districts, in a book to
be kept for that purpose, and shall pay out the money due
the several districts, upon the order of the district road
board, signed by the chairman and’ countersigned by the
clerk of said board; but shall require the holder of said
order to endorse his name and the date of its presentation
upon the back of same, and shall not be allowed any.
credit in his annual. settlement for any warrant not so
endorsed. ,
_ % The county treasurer shall receive the warrant of any
road district in payment of taxes, when said district bas
funds to the amount of the warrant in his hands. He shall,
from time to time, notify the several districts of the amount
of money in his hands due the said districts, and shall an-
nually, at such times as the board of supervisors may direct,
settle his account with the several road districts, and in said
settlement he shall be credited with all money paid out on
warrants properly drawn and endorsed, his commissions, and
tbe amount of insolvents as returned on the list authorized
by law.
8. All road taxes assessed under this act and returned de-
linquent, shall be a lien upon the real and*personal property,
upon which they have been assessed, and when collected,
shall go to the district for which they were originally levied.
Each land owner shall be assessed and pay his land road tax
in the district in which the most of his land is situated.
9. The board of road commissioners for the several dis-
tricts shall have the general supervision of all the roads in
their respective districts, and may, in their judgment, let to
contract any part or section of the road under their control
to the lowest responsible bidder, and are hereby empowered
to take a bond from same, conditioned for the faithful per-
formance of the contract, or may give specific direction to
any overseer as to the manner of working any portion of
road in his section, together with the amount of work to be
expended thereon; said direction to be in writing, signed by
the chairman and countersigned by the clerk of said board.
10. The boards shall adopt such rules as they may deem
necessary to secure the thorough working of the roads in
the different sections af their respective districts, not in con-
flict with this act or the general road law of the state, and
shall deliver to each overseer a schedule, which shall show
at what rate each tax-payer shall have credit for the use of
teams, plows, or other implements: provided that no credit
shall be allowed for the use of any implement, the market
value of which is :ess than three dollars, and that not more
than two dollars per day shall be allowed for any plow and
team, scoops and team, or wagon and team, for each day ac.
tually employed; the number of ploughs and teams, scoops
and teams, or wagons and teams, each overseer shall be en-
titled to work per day on the road or roads in his respective
section, the number of hours hands are to work, and their
compensation, which shall not exceed seventy-five cents per
day, and such other instructions as they may seo fit to give.
In the hiring of teams and implements, the overseer shall
give preference to those who desire to work out their road
es.
11. All male persons in each district shall be enrolled by
the district board, and compelled to work on some public
road therein two days in each year, with the following ex-
ceptions, viz.: persons under eighteen years of age and over
sixty, ministers of the gospel and millers, persons who re-
pide ina town that keeps its strects in order and provides
for its poor, and any person who bas lost a leg or an arm, or
who is exempt by order of court. A list of persons so ap-
pointed to work on the public roads for each section shall be
furnished each overseer by the clerk of the district board;
but any person whose name is not found on said list, who
has resided in any road section for fifteon days or more, shall,
upon due notice being given him by the overseer of said
rection, be required to work on the roads the same as if he
had been hsted by the board.
12. At such tire as the overseer may judge most suitable,
he shall notify all persons in his sections liable to road duty,
at least five days before the day he requires them to work,
of the time and place when work will begin, and the imple-
ment they are expected to bring. At the appointed time and
place, it shall be the duty of the person so notified, to attend
either in person or by an able-bodied substitute (not less than
eighteen years of age), with the implement as above directed,
and perform such labor on such duys (not exceeding two in
each year) as the overseer may direct. It sball be the duty
of the overseer of the several sections to report annually, or
oftener, to the board of road commissioners of their respec-
tive road districts, the names of all persons who, after due
notice, failed to attend, together with the names of those
who attend with imperfect or uscless tools, or who failed to
do a fair day’s work when present; and said boards shall
assess auch fines aguinst said delinquent as they may deem
just, not to exceed seventy-five cents for eacb day for which
the delinquency occurred; which fines shall be recovered
before a justice of the peace as other fines and penalties are
directed to be recovered: provided that any person who fails
to attend and work the road as required, shall, upon payment
of the fine of seventy-five cents per day, to the clerk of the
district board in which he resides, be exempt from all pros-
ecution in this behalf.
13. Every overseer shall cause the roads under his charge
to be kept clear and free from loose rock, and unlawful
obstructions, of the required width, well drained, bridges
safe, and otherwise in good order. He shall cause all dead
timber liable to fall in the road to be removed, and keep at
the crossing and forks of roads, sign-boards, on which shall
be lettered the name and distance to the most notable places
to which each road leads, and across each stream, where it
it is necessary, a sufficient bridge or log for the accommoda-
tion of foot passengers.
14. Each oversecr shall receive for his services (when seven
or more hands are worked) one dollar per day for each day
actually engaged as overseer of roads; he shall receive no
compensation for notifying bands, but in lieu thereof sball
be exempt from the two days’ labor required of all others:
provided that no overseer shall receive a greater amount than
five dollars for any one year, unless for special service ordered
by the district board; for which they may allow an additional
compensation, not to exceed the rate of one dollar per day.
Any overseer who shall tail to perform any duty required of
him by this act, may be removed from office (upon due
notice) by the district board.
15. Upon complaint to the county court by any citizen of
the county, or upon presentment by the grand jury that any
road in said county is not in such condition as the law
requires, the court, in its discretion, may summon the board
of the magisterial district in which such road may lie, to
appear before it upon a certain day named in the summons
to show cause, if any, why a sufficient tax may not be levied
upon the district; and if in the opinion of the court, upon
hearing said cause, the same is necessary, it may by manda-
mus compel a sufficient tax to be levied.
16. Special meetings of the district, board may be called
by the chairman for the transaction of business necessary to
be done by the board. Any vacancy in the office of clerk or
overseer of roads may be filled at any meeting of the board.
The board may assign a certain number of sections to each
member who shall have the general supervision thereuf; he
shall note the condition of the roads, advise and suggest to
the overseer any improvements or manner of working them,
shall note the condition of bridges, when new ones are
needed, the alteration of existing roads or the necessity of
new ones, all of which matters with bis suggestion thereto,
he shall report to the board at their meeting.
17. Every road shall be thirty feet wide, unless the board
shall direct otherwise. It may order a road adjoining a town
or village to be made, therefrom, wider for a distance not
exceeding eight hundred vards.
18. The overseers of any section 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 such
roads, or any bridge or causeway therein, and may, for the
purpose of draining the road, cause a ditch to be cut through
avy Jand adjoining the same: provided such wood or other
articles be not taken from, or any ditch be cut through any
lot in a tuwn, yard, or garden, without the consent of the
owner.
19. If any owner, or tenant, of any such land, be injured
thereby, a justice, upon application to them, shall issue a
warrant to three frecholders of the district requiring them to
view the said land and ascertain what would be a just compen-
sation for any damage done under the preceding section.
The three freeholders, after being sworn, sha!l ascertain the
amount of damage and report the same to the board, who
shall make allowance therefor and draw their warrant on the
treasurer for the amount of same.
20. The members of the board of road commissioners for
each magisterial district, shall each receive for his service
one dollar and fifty cents per day for time actually employed:
provided the total amount for each shall not exceed ten dol-
lars for any one year. Theclerk of the board shall receive
reasonable compensation for extra service rendered; such
additional shall be allowed by the district board and paid
out of the district road fund. All allowances made to mem-
bers of the district board shall be fixed by the board, subject
to the approval of the board of supervisors, such allowance
to be paid out of the county treasury.
21. The clerk of the board of road commissioners for each
magisterial district shall, on or before in each year,
compile and made an itemized exhibit, showing the amount
of road tax raised in their respective districts the past year
on real and personal property, the number of persons liable
to day’s work, and also state what amount has been dis-
bursed by the county treasurer, what amount paid for rer-
vice of overseers, What amount for teams, what for mate-
rial, and what amount for hire; what amount of fines col-
lected, if any, what amount of labor, and what amount has
been placed in the hands of the constable for collection.
This exhibit shall be laid before the county board of super-
visors at their mecting, and shall be open to the
inspection of all who may desire. The clerk shall receive no
pay for extra service until the above statement is made as
directed.
22. Applications for new roads, landings, bridges, or alter-
ations thereof, with all matters not specially provided for by
this act, shall be as provided for in the general road law
when not in conflict with this act.
23. In order to perfect the road system in the county of
Fairtax, the board of supervisors are hereby authorized to
pass such ordinances, not in conflict with this act or the gen-
eral road law of the state, as may from time to time appear
necessary to secure a perfect working of the several roads in
the said county.
24. All acts and parts of acts inconsistent with this act
are hereby repealed.
25. This act shall be in force from its passage.