Chap. 72.—An ACT to provide for the working of roads in the coun-
ties of Culpeper and Buckingham.

Approved April 21, 1882.

1. Be it enacted by the general assembly, That it shall
lawful for the counties of Culpeper and Buckingham,
fter the first day of January, eighteen hundred and eighty-
three, to locate, open. change, and repair highways, roads,
and bridges, as follows:

2. That for each magisterial district in the counties of Cul-

peper and Buckingham, there is hereby created and estab-
ished a -board, consisting of the supervisor, a commissioner
of roads, and one of the justices of the peace for each dis-
trict; 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 justice 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 designation of the justice whois to
serve on said road, 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 commissioners of roads for magisterial
district.

3. That the sub-road districts as now laid out and described
by metes and bounds within the line 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 he shall have been appointed, and shall
have charge of the roads of his district. If any such over
seer, after being appointed, unless he decline to accept the
appointment, 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.

5. That his duties shall be to see that the roads in his dis-
trict 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

ave custody of the same, and shall perform such other
duties 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

employed

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. Each commissioner of
roads thus appointed, shall: qualify before the judge ot 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
thousand.

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 the roads in his district are kept in good condi-
tion and are of the proper width, and in all cases where they
are not, to notify the persons trespassing, by written notice;
and if the obstructions are not removed after reasonable
notice, not to exceed ninety days, he shall direct the over-
seer of the district to remove the fencing or other obstruc-
tion, 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 each year, in the months of
April, August, and November, and see that the roads and
bridges are kept in good repair by the overseer and con-
tractors; 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 therefor, as pro-
vided in section eleven of this act; but if upon such exami-
nation he shall find that such contractor or overseer has exe-
cuted his contract or performed his duty, according 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 col-
lection 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 that
the compensation of commissioner shall not for any year
exceed thirty dollars—unless the road board for his district
shall otherwise determine, that persuns 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 a 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 naktad 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
maintaining of sufficient bridges over such streams and
ravines as may need them; and in every case, except moun-
tain roads, it shall 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 commis-
sioner of roads.

9. That it shall be the duty of the said road commisssioner
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 expi-
ration of each and every term of years thereafter, to lay out
and divide the public roads and highways in said district into
sections not exceeding two miles in length, which they shall
number and describe in a book kept for the purpose. They
shall also distinctly specify therein what they deem neces-
sary 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

erein provided for, shall be returned to and preserved by
suid board, and shall be opened to the inspection of any citi-
zen 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
penalty not less than twenty-five dollars, nor more than
double the contract price.

11. That if a contractor refuse or neglect to comply with
the law of 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 sec-
tion or road in repair according to law, or as the contract
requires; and upon his failure to do so, the overseer shall
proceed to put the same in order, and the expense thereof,
with costs of suit, shall be recovered by the commissioner of
roads in the name of the board, from the contractor and his
securities, 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 counties, 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
interested 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 charge 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
necessary, and a just allowance shall be made for the labor,
teams, plows, and other implements which may be furnished
by private individuals, such allowances 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
ours.

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 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 reasons 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 pro-
posed 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 vici-
nage 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
jadgment. 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 tothe 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 with-
out 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 viewers, the proprietors and
tenants of land upon which said road will be, if established,
shall be summoned to show cause against said report, and any
proprietor or tenant of lands on which said road will be, if
established, 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 commissioner of roads: provided that the
viewers and surveyor shall be paid out of the county trea-
sury: and provided further, that no such opening or change
of road shall be made through any enclosed lands, except by
consent of the preprietor, until the damages allowed him
shall be actually paid.

17. That the county 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

e 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
authorized to keep in repair the roads in such road district,
or a section thereof; and such contractor shall have all the
rights aud remedies 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 failure to
work the roads when summoned so to do.

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

21. That in case of a road or line dividing two magisterial
districts, the commissioner 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

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D case they cannot agree, the county court shall divide the
ame, and direct what part of said road shall be opened and
<ept in repair by each magisterial district.

22. That under the direction of the commissioner of roads,
yhe overseer shall erect at all points where roads cross, or
mtersect, or diverge from each other, suitable indicators,
showing the next most prominent place on the road, and the
listance; 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,
Lo 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 lands adjoining his road
or section to make necessary repairs, drains, or ditches.

23. 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 fifteen cents on every
one hundred dollars of value of property, real and personal,
within their districts, and immediately certify the same to
the commissioner of the revenue, who shall thereupon
extend the said taxes in the copies of his books to be deliv-
ered to the clerk of the county court, and the treasurer of
the county.

24. That the treasurer of the county shall collect the road
tax in the same manner, and at the same time and places he
receives the state and county 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 provided. The treasurer shall receive
as equivalent to money, all accounts for labor, teams, plows,
wagons, material furnished, or for services rendered in any
way, when properly certified by the commissioner or over-
seer, and the same shall be receipted for by the commissioner,
as if paid to him in money. Each commissioner of roads,
acting under the provisions of this act, shall settle with the
board of commissioners 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
treasurcr for road purposes, and pay over any balance in his
hands to his successor in office, which shall be placed to the
credit of the board, and appropriated for road purposes.

25. That all persons who shall make payment of road taxes
on or before the first day of December, shall be entitled to a
deduction of five per centum; and. any person failing to pay
any road taxes to the treasurer by the first day of December,
shall incur a penalty equal in amount to that incurred for
non-payment of state taxes, which shall be added to the road
taxes, and collected and accounted for as provided for in case
of state and county taxes.

26. That the board of commissioners of roads shall annually,
on the first Monday in June, audit, adjust, and settle the
accounts of the treasurer for the preceding year. They shall
charge the treasurer with the full amount of the road tax
levied in the district, and shall credit him by his commis-
sions, delinquents, and all payments made by him to the com-
missioner of roads, for which he has the proper receipt. The
treasurer shall receive the same per centum for collecting
road taxes as for collecting the state revenue. He shall pay
said road taxes received and collected by him, upon warrants
issued by the board of commissioners of roads.

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
means, 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 commis-
sioner or overseer of roads shall notify such person or per-
sons 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 before 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 cost may be recovered
before a justice of the peace or court of competent jurisdic-
tion.

28. That upon the petition of twenty freeholders of each
district, the board of supervisors, if a majority of them shall
so determine, may direct that the cotnty surveyor shall
make a survey and map of the county, showing on the same
the boundaries of each magisterial district, marking the loca-
tion of towns, stores, mills, postoffices, churches, school-
houses, and other prominent objects; indicating beds of mine-
rals—all the mappings to be completed in three years from
the first day of January, eighteen hundred and eighty-
three.

29. That the compensation of the surveyor shall be fixed
by the board of supervisors, and shall not exceed two dol-
lars and fifty cents per diem for the time actus) 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 coun-
ties of Culpeper and Buckingham.

32. All acts heretofore passed by the general assembly in
reference to the county roads of Culpeper and Buckingham,
are hereby repealed.
33. All incumbents of offices under the road law now in
force in Culpeper and Buckingham, 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 the first day of Janu-
ary, eighteen hundred and eighty-three.

Chap. 72.—An ACT to provide for the working of roads in the coun-
ties of Culpeper and Buckingham.

Approved April 21, 1882.

1. Be it enacted by the general assembly, That it shall
lawful for the counties of Culpeper and Buckingham,
fter the first day of January, eighteen hundred and eighty-
three, to locate, open. change, and repair highways, roads,
and bridges, as follows:

2. That for each magisterial district in the counties of Cul-

peper and Buckingham, there is hereby created and estab-
ished a -board, consisting of the supervisor, a commissioner
of roads, and one of the justices of the peace for each dis-
trict; 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 justice 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 designation of the justice whois to
serve on said road, 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 commissioners of roads for magisterial
district.

3. That the sub-road districts as now laid out and described
by metes and bounds within the line 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 he shall have been appointed, and shall
have charge of the roads of his district. If any such over
seer, after being appointed, unless he decline to accept the
appointment, 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.

5. That his duties shall be to see that the roads in his dis-
trict 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

ave custody of the same, and shall perform such other
duties 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

employed

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. Each commissioner of
roads thus appointed, shall: qualify before the judge ot 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
thousand.

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 the roads in his district are kept in good condi-
tion and are of the proper width, and in all cases where they
are not, to notify the persons trespassing, by written notice;
and if the obstructions are not removed after reasonable
notice, not to exceed ninety days, he shall direct the over-
seer of the district to remove the fencing or other obstruc-
tion, 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 each year, in the months of
April, August, and November, and see that the roads and
bridges are kept in good repair by the overseer and con-
tractors; 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 therefor, as pro-
vided in section eleven of this act; but if upon such exami-
nation he shall find that such contractor or overseer has exe-
cuted his contract or performed his duty, according 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 col-
lection 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 that
the compensation of commissioner shall not for any year
exceed thirty dollars—unless the road board for his district
shall otherwise determine, that persuns 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 a 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 naktad 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
maintaining of sufficient bridges over such streams and
ravines as may need them; and in every case, except moun-
tain roads, it shall 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 commis-
sioner of roads.

9. That it shall be the duty of the said road commisssioner
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 expi-
ration of each and every term of years thereafter, to lay out
and divide the public roads and highways in said district into
sections not exceeding two miles in length, which they shall
number and describe in a book kept for the purpose. They
shall also distinctly specify therein what they deem neces-
sary 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

erein provided for, shall be returned to and preserved by
suid board, and shall be opened to the inspection of any citi-
zen 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
penalty not less than twenty-five dollars, nor more than
double the contract price.

11. That if a contractor refuse or neglect to comply with
the law of 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 sec-
tion or road in repair according to law, or as the contract
requires; and upon his failure to do so, the overseer shall
proceed to put the same in order, and the expense thereof,
with costs of suit, shall be recovered by the commissioner of
roads in the name of the board, from the contractor and his
securities, 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 counties, 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
interested 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 charge 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
necessary, and a just allowance shall be made for the labor,
teams, plows, and other implements which may be furnished
by private individuals, such allowances 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
ours.

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 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 reasons 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 pro-
posed 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 vici-
nage 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
jadgment. 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 tothe 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 with-
out 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 viewers, the proprietors and
tenants of land upon which said road will be, if established,
shall be summoned to show cause against said report, and any
proprietor or tenant of lands on which said road will be, if
established, 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 commissioner of roads: provided that the
viewers and surveyor shall be paid out of the county trea-
sury: and provided further, that no such opening or change
of road shall be made through any enclosed lands, except by
consent of the preprietor, until the damages allowed him
shall be actually paid.

17. That the county 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

e 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
authorized to keep in repair the roads in such road district,
or a section thereof; and such contractor shall have all the
rights aud remedies 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 failure to
work the roads when summoned so to do.

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

21. That in case of a road or line dividing two magisterial
districts, the commissioner 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

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D case they cannot agree, the county court shall divide the
ame, and direct what part of said road shall be opened and
<ept in repair by each magisterial district.

22. That under the direction of the commissioner of roads,
yhe overseer shall erect at all points where roads cross, or
mtersect, or diverge from each other, suitable indicators,
showing the next most prominent place on the road, and the
listance; 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,
Lo 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 lands adjoining his road
or section to make necessary repairs, drains, or ditches.

23. 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 fifteen cents on every
one hundred dollars of value of property, real and personal,
within their districts, and immediately certify the same to
the commissioner of the revenue, who shall thereupon
extend the said taxes in the copies of his books to be deliv-
ered to the clerk of the county court, and the treasurer of
the county.

24. That the treasurer of the county shall collect the road
tax in the same manner, and at the same time and places he
receives the state and county 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 provided. The treasurer shall receive
as equivalent to money, all accounts for labor, teams, plows,
wagons, material furnished, or for services rendered in any
way, when properly certified by the commissioner or over-
seer, and the same shall be receipted for by the commissioner,
as if paid to him in money. Each commissioner of roads,
acting under the provisions of this act, shall settle with the
board of commissioners 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
treasurcr for road purposes, and pay over any balance in his
hands to his successor in office, which shall be placed to the
credit of the board, and appropriated for road purposes.

25. That all persons who shall make payment of road taxes
on or before the first day of December, shall be entitled to a
deduction of five per centum; and. any person failing to pay
any road taxes to the treasurer by the first day of December,
shall incur a penalty equal in amount to that incurred for
non-payment of state taxes, which shall be added to the road
taxes, and collected and accounted for as provided for in case
of state and county taxes.

26. That the board of commissioners of roads shall annually,
on the first Monday in June, audit, adjust, and settle the
accounts of the treasurer for the preceding year. They shall
charge the treasurer with the full amount of the road tax
levied in the district, and shall credit him by his commis-
sions, delinquents, and all payments made by him to the com-
missioner of roads, for which he has the proper receipt. The
treasurer shall receive the same per centum for collecting
road taxes as for collecting the state revenue. He shall pay
said road taxes received and collected by him, upon warrants
issued by the board of commissioners of roads.

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
means, 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 commis-
sioner or overseer of roads shall notify such person or per-
sons 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 before 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 cost may be recovered
before a justice of the peace or court of competent jurisdic-
tion.

28. That upon the petition of twenty freeholders of each
district, the board of supervisors, if a majority of them shall
so determine, may direct that the cotnty surveyor shall
make a survey and map of the county, showing on the same
the boundaries of each magisterial district, marking the loca-
tion of towns, stores, mills, postoffices, churches, school-
houses, and other prominent objects; indicating beds of mine-
rals—all the mappings to be completed in three years from
the first day of January, eighteen hundred and eighty-
three.

29. That the compensation of the surveyor shall be fixed
by the board of supervisors, and shall not exceed two dol-
lars and fifty cents per diem for the time actus) 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 coun-
ties of Culpeper and Buckingham.

32. All acts heretofore passed by the general assembly in
reference to the county roads of Culpeper and Buckingham,
are hereby repealed.
33. All incumbents of offices under the road law now in
force in Culpeper and Buckingham, 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 the first day of Janu-
ary, eighteen hundred and eighty-three.