Chap. 196.—An ACT to provide for working the roads, repairing
bridges, and opening new roads in the counties of Frederick, Clarke,
Warren, and Augusta.

Approved February 26, 1884.

1. Be it enacted by the general assembly of Virginia, That
it shall be lawful for the county of Frederick, after the first
day of May, eighteen hundred and eighty-four, to locate,
open, change, and repair highways, roads, and bridges, as
follows:

Z. For each road district in the county of Frederick, there
shall be created and established a board, consisting of the
supervisor, a commissioner of roads, and one director for
each district, which board shall have control of the roads
and bridges within its limits; and all taxes levied for road
purposes, and for building .and repairing bridges, shall be
expended in each road district, except as hereinafter provided.
The director constituting a member of the board, shall be
chosen and designated by the county court; he shall be a
resident of the road district for which he is chosen, and the
commissioner of roads shall be elected by the qualified voters
of the several road districts, as hereinafter provided. The
board, hereby created and constituted, is declared to be a
body politic and corporate, and shall be known and desig-
nated as the board of commissioners of roads for road
district. The road districts named in this act shall be ot
the same extent and limits as the magisterial districts as now
constituted, and the qualified voters herein referred to, shall
he taken to mean such persons as may be the qualified voters
of each magisterial district.

3. At the May term, eighteen hundred and cighty-four, of
the county court of Frederick county, there shall be appointed
by the county court for each road district of Frederick county,
one road commissioner, who shall be a resident, qualified voter
and freeholder of said district, and who, for his first term,
shall hold office until the first day of July, eighteen hundred
eighty-five, and on the fourth Thursday in May, eighteen
hundred eighty-five, and on the fourth Thursday in May in
each second year thereafter, successors to said commissioners
shall be elected by the qualified voters of each road district.
The first term of office of the road commissioner shall com-
mence on the first day of July, eighteen hundred eighty-four,
and shall terminate one year thereafter, and cach succeeding
term shall commence on the first day of July succeeding his
election, and shall continue two years. Each commissioner
of roads thus elected, shall qualify at the time and in the
manner prescribed for the qualification of magisterial district
officers, and shall, at the time of his qualification, give bond
with good personal security, in not less than two thousand
dollars or more than five thousand dollars.

4. The commissioner of roads shall have charge of all of
the roads in his road district. His duty shall be to see that
all the roads in his district are of proper width, and in all
places where they are not, to give notice in writing to the
persons obstructing the roads; and if the obstructions are
not removed after reasonable notice, of not less than ten nor
more than twenty days, he shall direct the overseer of roads
to remove the fencing or other obstructions, and may recover
the expenses, with costs, from the person so obstructing the
roads by judgment of a justice of the peace, in a proceeding
instituted in the name of the board of commissioners of roads
of his district: provided however, that the board of road
commissioners of any district may, in its discretion, retain
any existing road at its present width. He shall examine the
roads in his district twice in each year, in the months of May
and October, and shall see that the roads and bridges are
kept in good repair by the overseer; and if be shall find any
overseer delinquent in discharging his duties, the said com-
missioner shall vive him notice In writing, and on his failure
to discharge said duties, in a reasonable time, he shall report
him to the board of commissioners of roads, who shall, unless
good cause be shown, remove him from office and forthwith
appoint another in his place. The compensation of the com-
missioner of roads shall be two dollars per diem in which he
has been or may be employed in discharging his duties under
the provisions of this law, and to be paid by the board of com-
missioners of roads for the respective road districts, upon the
approval of the other two members thereof, or if they should
disagree, upon the approval of the judge of the county court,
who may determine the matter without formal pleading :
provided however, that persons applying for a new road or
to lay out, open, alter or charge a public road, shall, when the
same is rejected, be charged with the per diem compensation
of the commissioner of roads.

5. There shall be appointed annually by the board of road
commissioners, not later than the fourth Saturday in May in
each year, except the appoinment for the first year, one over-
seer of roads fur each road precinct, whose term of office shall
be 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 all the
roads of his precinct. Ifany such overseer 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 overseer for two consecu-
tive years, may give up his office on producing a certificate to
the board from the road commissioners, 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 his consent. The duties of the overseer
shall be to see that the roads in his district are kept in good
repair; that the bridges are in safe condition; that the roads
are kept free from obstructions; that all loose stones are
removed ; and for these purposes he may employ such num-
ber of laborers, teams, wagons, carts and plows as may be
necessary, with the consent and approval of the commis-
sioner of roads, and a just allowance shall be made for the
labor, teams, plows and other implements which may be
hired ; such allowance not to exceed that paid by the county
for like services immediately prior to the passage of this act,
and a days’ work shall be fixed at ten hours. He shall pur-
chase or hire all tools and implements necessary for working
the roads, subject to the approval of the commissioner of
roads, and shall have the custody of the same and shall per-
form such other duties as may be prescribed by law or
directed by the commissioner of roads. His compensation
shall be determined by the boards of commissioners for each
macisterial district.

6. For the purpose of providing a fund for working the

roads, repairing bridges, and for opening new roads in the
county of Frederick, it shall be the duty of the board of
supervisors of said county, on the fourth Monday in July,
eighteen hundred and eighty-four, or as soon thereafter as
practicable, and on the fourth Monday in July in each year
thereafter, to levy a tax upon all real and personal property
in said county, not exceeding twelve and a half cents upon
each one hundred dollars of the assessed value thereof.
7. The board of road commissioners for each district, shall
certify to the board of supervisors in the month of July, be-
tore the fourth Monday in each year, the amount of money
that in its opinion, will be proper or necessary to be spent in
its road district for the ensuing year, and the rate of tax that
should be levied upon the real and personal property in) said
district, and such certificate shall be binding upon the board
of supervisors, Who shall levy the tax, thus certified upon
each district respectively, and shall certify the amount
necessary to be raised to the commissioner of revenue, and
he shall extend the taxes against all property and persons in
the district levied for road purposes.

8. The county treasurer shall collect the read tax of the
county, and pay the same out upon the order of the com-
missioners of road of the several road 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 other-
wise as herein provided. The treasurer shall receive as
equivalent to money, all accounts tor labor, teams, wagons,
plows, and materials furnished, or for services rendered in any
way when properly certified by the commissioner of roads,
and the same shall be receipted for by the commissioners, 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 of bis district, on the first Monday in
June of each year, or as soon thereafter as the said board
shall mect and account for all moneys received by him from
the treasurer or otherwise 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. The taxes levied under this act. shall be subject
to the same laws regulating the collection of all other taxes.

9, The board of commissioners of roads shall annually on
the first Monday in June, audit, adjust, and settle the ac-
counts of the treasurer for the preceding vear; but if their
business shall not be completed on that day, they may
adjourn from day to day until it is completed. They shall
charge the treasurer with the full amount of the road tax
levied in the district, and shall credit him by his commissions
delinquent, and all payments made by him to the commis-
sioners of roads, for which he has proper receipts. He shall
receive the same per centum for collecting road taxes as are
allowed for collecting the state taxes.

10. The said board of road commissioners of each road
district, shall convene from time to time in Winchester, or in
some place in its road district, upon the call of the road com-
missioner, Who shall be ex-officio president of the board. The
compensation of the members ot the board of road commis-
sioners shall be one dollar and fiftw cents per day, for each
day that they shall be in attendance upon the sessions of the
board, to be paid out of the fund appropriated for the road
district; except the commissioner shall receive two dollars for

rach days service in attendance upon said board.

11. The road precincts shall remain as now laid out and
described by metes and bounds in the several magisterial dis-
tricts until changed by the board of road commissioners as
hereinatter provided, The said board shall have power, and
it shall be their duty to make such changes therein as may
be proper. When any change is made in the road precincts,
it shall be reported to the county clerk, who shall keep a
record of the same ina book kept for that purpose, and also the
said county clerk shall keep a record of all the road overseers
who, when appointed by the board of commissioners of roads
shall be reported to him, and it shall be the duty of the said
board to report all appointments of overscers to the said
county clerk.

12. The road commissioner of each district shall cause to
be erected at all points where roads cross, or intersect or
diverge from each other, suitable indicators, showing the next
most prominent place on the read and the distance. And
any person who detitces, removes, or in any way injures such
indicator, shall pay a fine of five dollars, to be recovered by
the commissioner of roads upon judgment of a justice of the
peace, by proceedings instituted In the name of the board of
commissioners of roads. Any overseer shall have power to
enter upon any lands adjoining his land to make necessary
repairs, drains or ditches. The board of road commissioners
may, when they deem it expedient, have the building or re-
pairing of bridges or roads done by contract. The ‘term of
office of the director shall be the same as that of the commis-
sioner. The commissioners shall be empowered to administer
oaths and affirmations.
13. All male persons in the county of Frederick shall be
compelled to work on some public road therein as near
as may be to the place of their residence, with tho follow-
ing exceptions: Ministers of the gospel who have charge of
a congregation, persons under sixteen and over sixty years of
age, persons who reside in a town that provides for its poor
und keeps its streets in order, and any person who has lost a
leg or anarm. Any other person who is otherwise disabled,
may be exempted on a certificate of the county court of such
disability: provided however, they shall not be required to
work more than one day in one year. All persons so required
to work, shall be notified by the overseer of the road precinct
in which he resides, of the time and place where he is to work,
as near his place of residence as may be: the said notice of
the overseer shall be given at least twenty-four hours prior
to the time fixed to work such hands, and this notice must be
made in person, or by a written notice thereof, left at the
residence or place of employment of such person. All per-
sons so notified, must appear or furnish an acceptable substi-
tute in time to perform ten hours diligent labor, and if he
fuils so to appear with a suitable tool to work with, or fails or
retuses to do what the overseer directs, or docs anything to
operate against the diligent prosecution of the wor k, he shall
be dismissed by the overseer and proceeded against as if he
had not attended according to notice. Such person shall,
by the overseer of the road precinct, be fined or charged one
dollar per day for every day of such fuilure; if he fhils to
pay such fine or charge to the overseer within thirty days
thereafter. the overscer shall proceed to collect it upon the
warrant of a justice of the peace, in proceedings instituted
in the name of the board of commissioners of roads of the
district, and the party so warranted shall be made to pay all
costs of proceedings, and no property shall be exempt from
scizure or distraint to satisfy said claim. AT] moneys collected
by the overscers under the foreyoing proc ceedings, or other-
wise, shall be accounted for to the commissioner, who must
account for the same on settlement with the board of road
commissioners.

14. Every public road in the county of Frederick hereatter
established, shall be thirty feet wide, and the grade of such
road shall not exceed five degrees at any one point. The
board of road commissioners of any district may, however,
by special order, establish a different width or gr: ade.

15. When any person applies to the county ‘court to have
a road or bridge therein established or altered, the court shall
refer such application, which shall be in writing, describing
as accurately as possible the desired road or bride, to the
board of road commissioners of the magisterial district. in
which the whole or greater part thereof is to be located, and
thereupon the said board shall view the ground and report to
the court the conveniences and inconveniences that will re-
sult, as well to individuals as to the public, if such road or
bridge shall be as proposed, and especially whether any yard,
garden, orchard, or any part thereof, will in such cases have
to be taken.

16. The board shall particularly report the facts and cir-
cumstances in its opinion, useful in enabling the court to de-
termine the expediency of establishing or altering the road
or bridge. It may examine other routes than that proposed
for any road, and report in favor of the one it prefers, with
the reason for the preference. The report shall state the
names of the land owners on each route, and state which of
them require compensation, the probable amount, in the
opinion of the commissioners or viewers, to which such party
may be entitled, to what amount any person through whose
land any road is opened may be benefitted thereby, and any
other matter which may be deemed pertinent. A map or
diagram shall be returned with the report, and for that pur-
pose, the board may, if it sees fit, emp ey & surveyor.

17. Upon the return of the report, summons shall be
awarded against the proprietors of the land, which shall be
served in person, if they be residents of the county, and if
not, upon any agent or attorney or tenant of the land. If
there be no arent, attorney or tenant within the county,
service may be had by publication for one week in some
newspaper published in the county. The summons of the
publication shall be to show cause at the term of the court
to which it may be made returnable, why the said road shall
not be opened or the bridve built, and the cost of the same;
and the compensation of the board of road commissioners
shall be paid by the board of road commissioners of the dis-
trict out of its fund, except that the court may, in its dis-
cretion, render judgment for the same against the applicants,
should the application be denied.

18. The court shall hear evidence for and against the report
of the board of road commissioners, and for and against the
assessment of damages to any land owner, and may decide
the same upon the evidence. or in its discretion, it may appoint
three freeholders. who shall go upon the land and make further
report, both as to the advisability of opening the road or the
damages thereof, or to any land owner, or ot any other matter
that the court m: iy assign to them; and this report may be
read in connection with the other report and the evidence
heard upon the application.

19. If the court shall be of opinion that the road should
be opened, or bridge built, it shall so direct, and the clerk
shall certify its order to the road commissioner of the dis-
trict, who shall cause it to be executed: provided however,
if the cost of opening the road, or building the bridge, and
the damages to the land owners, shall exceed the sum “of one
hundred and fifty dollars, the said road shall not be opened
or the bridge built, until the board of supervisors shall approve
the same, and make any appropriation therefor out of the
county levy.

20. No road shall be established through any lot in an
incorporated town without the consent of the proprietor
thereof, or through the land ot any cemetery, or of any
seminary of learning, without the consent of the owner
thereof, or the corporate authorities.

21. Should any member of the board of road commis-
sioners be unable, and should the court think it improper for
him to act under the sixteenth, seventeenth, eighteenth, and
nineteenth sections of this act, because of interest in the sub-
ject matter, or other sufficient cause, the court may appoint
some freeholder of the county to act in his place. A majomty
of the board, or of the frecholders appointed as viewers, shall
constitute a quorum for any matter under this act, except
that both of the other members of the board of road com-
missioners must pass upon the accounts of the road commis-
sioner,

22. In case of a road or line dividing two magisterial dis-
tricts, the commissioner of roads of the adjoining aietricts
shall divide the road between each district in such way
will equally divide the expense, if they can agree, and in case
they cannot agree, the board of supervisors of the county
shall divide the same and direct what part of’ said road shall
be opened and kept in repair by each magisterial district.

23. This act shall apply to the counties of Clarke, Warren,
and Augusta, Whenever a majority of the board of supervisors
of each of said counties shall, ata general or special meeting
thereof, adopt the law for each county: provided however,
that when the law shall be so adopted, the meetings of the
board. which in the county of Frederick are provided to be
held in Winchester, shall in the county of Clarke, be held in
the town of Berryville; in the county of Warren, in the town
of Front Royal; and in the county of Augusta, in the city
of Staunton, And the fifth section of said act, providing for
laying a tax upon all real and personal property, shall apply
tu Augusta county. so as not to exceed twenty cents upon

each one hundred dollars of the assessed value of all real and
personal property in said county; and in the thirteenth sec-
tion of said act. all persons required to work, as is there
set forth. shall in Augusta county, be required to work not
more than two days in one year, The adoption of this act
for the counties of Clarke, Warren, and Augusta, in the man-
ner provided in this section, shall operate a repeal of the
existing acts or parts of acts providing for making the roads,
repairing the bridges, and opening new roads in said counties,
sO farias the same are in conflict with this act.

24. All acts and parts of acts in conflict with this act are
hereby repealed. but until a tax has been duly levied and
collected under this act, the roads of the counties to which
this act is applicable, shall be worked under the laws now in
force.

25. This act shall be in force from its passace.