Chap. 198.—An ACT to provide for the improvement and working of
the roads of the county of Henrico, and for the construction and re-
pair of the bridges therein, and to repenl an act of the general assem-
bly of Virginia, ‘approved 6th March, 1882, entitled an act to provide
for laying out and working roads in Henrico county.

Approved March 1, 1884.

1. Be it enacted by the general assembly of Virginia, That
the board of supervisors of the county of Henrico shall have,
in the manner hereinafter provided, the control of the
improvement and repairs of the roads and bridges of the
county of Henrico, and of the construction of brides therein,

except such bridges as are required by law to be constructed
and kept in repair by the said county of Henrico and adjoin-
ing counties. It shall be the duty of the said board of super-
Visors to see that the roads of the county are kept cleared,
smoothed of rocks and other obstructions, of necessary width,
and that the bed of said roads 1s raised in the middle and
slope gradually each may to the sides, well drained and
secure trom the falling of dead timber ther ein, and otherwise
in good order, and that suitable bridges be constructed and
maintained over such streams and ravines as may need them;
and where the beds of said roads are encroached upon, it shall
notify the person trespassing, by written notice, to remove the
obstruction, and if the same be not done within ten days, it
shall cause said obstruction to be removed and may recover
the expense, with cost, before any justice of the peace of the
said county. It shall have authority to direct the surveyor
of said county to define the boundary of any road therein,
and to alter the grade of any existing road, and to perform
such other service as in the opinion of the board may be
necessary to carry out the provisions of this act; for which
service the said surveyor shall receive reasonable compensa-
tion from tbe board.

2. The said board is authorized.and empowered to Jet the
improvements and repairs to said roads and bridges to con-
tract, to purchase or employ teams and implements, and bire
a force to be operated under its direction, control and super-
vision for said purpose: provided however, that the pro-
priety of purchasing teams and the amount to be expended
therefor, shall be subject to the ratification and approval of
the county court of Henrico. And the said board shall an-
nually submit to said court a schedule of the prices to be paid
for the hire of teams and for the employment of said force,
and such expenditure shall likewise be subject to the ratifica-
tion and approval of the said court; and for such of said
roads as it may deem practicable to let to contract or im-
prove and repair with the force operated under its direction,
it may lay off said county into road precincts, and appoint,
subject to the approval and confirmation of the county court,
a surveyor for such of the roads therein as it may designate,
who shall keep the same in repair as hereinafter directed.
Any road surveyor so appointed, may be removed by the
county court for cause shown.

3. When the board has determined to let any part of the
said roads or any bridges to contract, it shall advertise a rea-
sonable time, and in stich a manner ag it may prescribe, for
proposals, and it shall determine whether any, and if any,
which of the said proposals shall be accepted. The specifica-
tions of the contract shall be such as the board may prescribe.
It shall enter into a contract with the person whose bid they
shall accept, and take trom him bond with good secruity, in
a penalty greater than the amount he is to receive under said
contract, conditioned for the faithful performace of his con-
tract: provided tbat no contract concerning said roads shall
be entered into for a longer time than two. years, nor for a
less term than one year, nor shall any contract under this
section be valid and binding until satistied and approved by
the county court of Henrico.

4, Each road surveyor appointed under this act, shall super-
intend such of the roads of his precinct as may have been
put under his charge, and see that they are kept in the con-
dition required by the first section; and across any stream,
where it is necessary and pr acticable, a sufficient bridge,
bench or log. for the accommodation of foot passengers ; and
when any more important bridge or causeway is necessary,
and it is practicable for him to have it made, be shall cause
the same to be made twelve feet broad at the least, and safe
and convenient. Isvery bridze or causeway in his. precinet,

under his charge, shall be kept in good order. For the pur-

pose of keeping in order the roads of his precinct under his
charge, he shall summon, not oftener than twice a year, all
male persons in his district subject to road duty under the
general road law, to attend with proper tools and work the
roads of said precinct, but no person shall be required to
work upon said roads more than two days in any one year;
and if such person fail to attend in) person, or by sutlicient
substitute, for each day of such fathure there shall be paid to
said surveyor, or by the person in detault, if of full age, or if
he bean intant. by his parent or guardian, the sum of seventy-

tive cents. Tf the money be not paid twenty days prior to
the time hereinatter specitied for the return of the bill for
said fine, he shall make out a ticket against such delinquent
party for the amount of said fine, with an addition of thirty-
three and one-third per centum, and shall annually, on such
day as the board may designate, return the bills against such
delinquent parties to the said board of supervisors. And it
shall be the duty of the said) board. without delay, to place
the said bills in the hands of a constable, or the treasurer of
the county, for collection. The officer having charge of the
collection of such fines, may distrain therefor in the same
manner as for taxes and levies. Ife shall, within sixty days,
account to the said board for all tines collected, and shall re-
ceive for his compensation fifteen per centum of the amount
collected, and the said survevor shall receive for his services
five per centum of the amount so collected. No person re-
siding within the bounds of any road precinet established by
the board, shall be exempt from road duty therein by reason
of the public road nearest him being worked by contract, or
by the force operating under the direction of the board. If
the surveyor of any precinct is unable, with the means and
labor at his disposal. to keep in good order the roads of which
he is surveyor, the said board may authorize him to spend
such sum as it may deem reasonable for the purpose of putting
the same in good repair. The said board shall require, upon
such dayas it may designate, said surveyors to make such
report to itas is required by the twenty-third and twenty-
seventh sections of the general road law. iach surveyor
shall receive for his compensation the sum of one dollar and
fitty cents for each day sworn to by him as actually employed,
not to exceed ten days in any one year.

d. The board of supervisors, or anv road contractor, or the
surveyor of any read, may take from any conveninent lands,
so much wood, stone, gravel or earth, as may be necessary
to be used in constructing, improving, or repairing such road,
orany bridge or causeway therein; and may for the pur pose of
draining the road, cause a ditch to be cut through any lands
adjoinine the same: provided such wood and other articles
he not taken from, and such ditch be not cut through any
lot in a town, yard or garden, without the consent of the
owner. For any material taken or ditch cut, compensation
shall be allowed only as provided in the twenty-sixth section
of the general road law.

6. When, in the opinion of the board, the public conveni-
ence requires tbe establishment of a road or landing, it shall
cause a map or diagram of the route of such road or landing
to be prepared, and shall cause notice to be served upon the
proprietors and the tenants of the land on which the same
will be established, that it will move the court of said county,
upon some day to be specified in the notice, to appoint com-
Missioners to ascertain a just compensation for the land to be
used for such road or landing. Upon the return of the said
notice duly executed, any citizen may appear and oppose the
establishment of said road or landing; and unless the court,
upon hearing testimony, shall decide against the establish-
ment of such road or landing. it shall appoint five disinter-
ested freeholders of the county, any three of whom may act,
for the purpose of ascertaining a just compensation for the
land to be used for the said road’ or landing; said) commis-
sivners shall meet on the land of the pr oprictors and tenants
named in the order of court, at a certain place and day therein
also specified, of which notice shall be given by the sheriff to
such proprictors and tenants, their avents or attorneys, ex-
cept only that it need not be given to one present at the time
of making the order. Any one or more of the Commissioners
attending on the land aforesaid, may adjourn from time to
time. till the business shall be finished. The said commis-
sioners in the discharge of their duties. shall comply in all
respects with the provisions of sections nine and ten, and the
proceedings thereinafter to be had, shall conform to the pro-
visions of sections eleven, twelve, thirteen, fourteen, fifteen,
and sixteen of chapter lity. six of the Code of Virginia, edi-
tion of eighteen hundred and seventy-three : provided, that
the title to that part of the land for which compe nsation 1s
allowed, shall not absolutely vest in said board of supervisors
in tee simple, but only a sufficient right of way shall vest in
sald board of supervisors. From the action of the court. any
person fecling himselfagerivated, may appeal of right asunder
existing laws, and should the board. of supervisors be the
ay pellant, no security shall be required of it. Cases under
this section shall have precedence over any other civil case
upon the docket. and shall be determined with all conven-
lent speed. Nothing in this section shall be construed, as to
deprive the court of said county from establishing or altering
the roads or landings of the county as now provided hy law,

7. In executing the provisions of this act, the said board
of supervisors shall equalize, as farias practicable, the work
of improving said roads and bridges among the several magis-
terial districts of the county.

8. The county court of Ienrico shall, at the July term of
each year, appoint a treeholder from each of the magisterial
districts of the county, and whose duty it shall be in the
months of September, January, and April, and before the
fifteenth day thereof, who shall be known as the inspector of
roads for such district, to examine the roads and bridges of
his district, and report to the court at the next ensuing term
thereof, in writing, the condition of the same, and particularly
the condition of contraet roads therein, and whether, in his
opinion, the contractor is fulfilling the terms of his contract;
and he shall make such recommendations and suggestions as
to the improvement and repair of said roads and bridges as
in his judgment may be necessary. And as compensation
for the services so rendered, he shall receive two dollars per
day for each day sworn to by him as actually employed, not
to exceed five days in any one month.

9. The members of the board of supervisors, and road
surveyor, or any inspector of roads appointed under this act,
for a failure to pertorm any duty required of them under this
act, shall pay a fine of not less than five nor more than thirty
dollars.

10. The board of supervisors, at its annual mecting on the
fourth Monday in July, shall, for the purposes of this act,
embrace in the levy then to be laid, a sum not to exceed ten
cents on the one hundred dollars of the value of real and
personal property and income listed for state taxes in said
county, and may, in addition thereto, set apart for said pur-
pose, the amount derived from the tax imposed upon railroads
for county purposes.

11. That all the rights and powers, duties and responsi-
bilities of the several road boards of the county of Henrico,
established by an act of assembly approved the sixth day
of March, eighteen hundred and eighty-two, under contracts
entered into by said boards according to the provisions of
said act, shall devolve upon the said board of supervisors,
and it may, with the consent of the contractor, terminate
any of the said contracts; that all moneys, books, and papers
of the said road boards shall, upon this act taking effect, be
turned over to the said board of supervisors.

12. That each member of the board of supervisors, in addi-
tion to the compensation now allowed by law, shall receive
for the service required under this act, the sum of two dol-
lars per dicm for each day sworn to by him as actually
employed, not to exceed twenty days in any one year; and
no charge shall be made by the said supervisors for mileage
under this act. And the clerk of said board, for such addi-
tional service, shall receive such compensation as the board
may prescribe, not to exceed the sum of one hundred dollars
in any one year.

13. That in the case of those citizens of the county who
reside on or near a turnpike road, with no other public road
leading to the city of Richmond, and who habitually travel
the said turnpike for which they are required to pay tolls
upon the payment of their tax, shall, upon making applica-
tion to the said board of supervisors, and producing satisfac-
tory evidence of the amount of tolls so paid by them, be
entitled to have refunded to them an amount equal to one-
half of the tolls so paid by them: provided said amount so
refunded to them be not greater than one-half of the amount
of their road tax. The provisions of this section shall not
apply to the personal road service required under the fourth
section of this act. On all roads that have improved side-
ralks, or walk ways, it shall be unlawful to ride or drive
upon the same; and for any violation of this section, the
offender shall be fined not exceeding five dollars, recoverable
betore any justice of the peace of the county of Henrico;
and the said fine shall be paid into the county treasury, to be
applied to the improvement of the roads of said county.

14. That the gencral road law of this state, except so far
as the same is in conflict with the provisions of this act, shall
be in force in the county of Henrico.

15. That an act of the veneral assembly of Virginia, ap-
proved March the sixth, eivhteen hundred and eighty-two,
entitled an act to provide tor laying out and working ro ads
in Henrico county, be and the same is hereby repe aled.

16. This act shall be in force from and after the first day
of July, eighteen hundred and eighty-four.