Chap. 299.—An ACT providing a road iaw for Amherst county.
Approved March 4, 1884,

1. Be itenacted by the general assembly of Virginia, That
it shall be the duty of the board of supervisors of’ “the county
of Amherst, to take charge of, and have worked and kept in
good repair all public roads, bridges and foot-logs heretofore
or hereafter established within the Irmits of their county ;
and for this purpose the said board of supervisors is autho-
rized and empowered to levy a road tax, not to exceed in any
year twenty cents upon the one hundred dollars assessed
taxable value in said county.

2. The said board of supervisors shall, at a meeting held
by them during the month of April, eighteen hundred and
eighty-four, elect or appoint one road commissioner of roads
for said county, who shall serve as such commissioner of roads
for the balance of the year eighteen hundred and eighty-four,
who shall qualify before the judge of the county court by
taking the usual oath of office.

3. Phe said board of supervisors shall, annually, appoint
one commissioner of roads of their county before the first
day of November of each year, after their first appointment,
who shall serve for one year from the first day of January
succeeding, and who shall qualify before the county court by
taking the usual oath of office, and shall continue to discharge
the duties of his office until bis successor is qualified, unless
removed therefrom by the board of supervisors, as hereinafter
provided for: provided that the first appointment of such
road commissioner sball be made by the said board of super-
visors previous to the first day of May, cighteen hundred and
eighty-four, upon which day be shall enter upun his duty and
continue until the first day of January, eighteen hundred and
eighty-five. The said commissioner of roads shall execute
betore the county court, at the time of his qualification, bond
with good security, to be approved by the court, in such
penalty as may be fixed by the board of supervisors, condi-
tioned for the faithful discharyve of his duties.

4. The commissioner of roads shall have exclusive super-
vision of all roadsand_ bridges in the county, and of the sur-
veyors of same, and all applications to alter or change ex-
ixting roads, or to open new roads, shall be made to him; and
it shall be his duty to view all alterations or changes of ex-
isting roads, or propositions for new roads, and if the same
shall be necessary and expedient to the public convenience,
then he shall proceed to lay off and locate the same, and
make report totbe board of supervisors, setting forth therein
the conveniences and inconveniences that will result, as well
to individuals as the public, if such road shall be as proposed,
and whether any yard, garden. orchard, or any part thereof,
will in such case have to be taken

5. It shall be the duty of the board of supervisors, as 800n
asx any such report shall have been made, to examine the same,
and if in accordance with the provisions of law, it shall be
approved or Cisapproved by them, and certified to the county
court with the reasons of such approval or disapproval set
out at large, to be lodged with the clerk of the county court,
to be docketed in the said court as a motion to be taken up
and tried therein as other motions: provided bowever, that
if the board of supervisors shall disapprove of any report of
the said commissioner, it may refer the same back to him
with such instructions as they may think proper, in order
that a new report may be made by him; which report, when
so made, shal] be certified and lodged with the clerk as here-
inbefore provided.
6. When the report shall be filed and docketed as herein
provided, unless the opinion of the court be against establish-
ing or altering the road, it shall award process to summon
the proprietors or tenants of the lands on which it will be
established, to show cause against the same. The summons
shall be executed on such of them as are in the county, and
on any agent or attorney of any proprietor not within the
same. And if there be no proprietor known to the court re-
siding in this state, or if the true owner or proprictors of the
lands be not known to the court, the judge thereof may order
notice to all whom it may concern, to be published in some
newspaper for four weeks successively, to appear and show
cause against the sume, the cost of such publication to be
paid by the county, not to exceed the cost of publication now
prescribed by law. Personal service of said summons on a
non-resident of the state may be made in the mode prescribed
by section fifteen of chapter one hundred and sixty-six of the
Code of cighteen hundred and seventy-three.

7. Upon the return of the said process so executed, if the
court has enough before it to fix upon a just compensation
to the proprietors and tenants, and they are willing to accept
what it deems just, it may determine the matter without
further proceedings. |

8. But if any tenant or proprietor desire it, or if the court
see cause for so doing, it shall appoint five disinterested
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 such road; said commissioners shall meet on
the lands of such proprietors or tenants as may be named in
the order of court, at a certain place and day therein so
specified, of which notice shall be given by the sheriff to such
proprietors or tenants, their agents or attorneys, except only
that it need not be given to one present at the time of making
the order: provided such presence shall appear from the
record: and provided further, that no notice be given to such
parties as to whom an order of publication may have been
made as hereinbefore provided. Any one or more of said
commissioners attending on the land as aforesaid, may adjourn
from time to time until the business shall be finished.

9. Before executing their duties, the said commissioners
shall take an oath, which shall be certified in substance as
follows:

Amherst county, to-wit:

I, , @ justice of the peace for the said
county, do certify that have this day made
oath before me that they will faithfully and impartially
ascertain what will be a just compensation for such of the
land of the frecholder whereof is a tenant, as
is proposed to be taken up by the county of for its
purposes, and will truly certify the same.

Given under my hand this day of .

10. The said commissioners, after viewing the land and
hearing such proper evidence as either party may offer, shall

ascertain what will be a just compensation for the said land,
and for the damages to the residue of the tract beyond the
peculiar benefits to be derived in respect to such residue from
the road to be constructed or altcred, and shall make a report
to the following effect: We, , appointed by the
county court, by its order of the day of , to ascertain
what will be a just compensation for such part of the land
of the freeholders, whereof is tenant, as is
proposed to be taken by the county for its purpose, do certify
that on the day of , the day designated in the said
order (or the day to which we were regularly adjourned from
the day designated in the said order), we met together on the
said part of the land, the limits of which part was then and
there described to us (here set forth the width and length of
the particular part, and describe the same in such manner as
to make it reasonably certain), and after being first duly
sworn upon a view of the part aforesaid, and upon such
evidence as was before us, we are of opinion and do ascertain
that for the said part, and for the damage to the residue of
the tract beyond the peculiar benefits to be derived in respect
to such residue from the construction or alteration of the
proposed road, dollars will be a just compensation.
Given under our hands this —— day of

11. The said commissioners shall forthwith return their
report, with the certificate of the justice or notary, to the
court of the county, which shall be conclusive as to the
amount of the damages to be allowed in the road, shall be estab-
lished and opened as proposed: provided, however, that if the
commissioners shall report their disagreement, or if they fail
to report within a reasonable time, the court may appoint
commissioners, who shall proceed as hereinbefore prescribed.

12. When the record shows that the sum allowed by the
commissioners, a8 Compensation to any proprictor or tenant,
is not more than the amount reported in favor of such pro-
prietor or tenant, by the commissioner of roads, such pro-
prietor or tenant shall be adjudged to pay the costs occasioned
by such order.

13. When the road is established or altered, the county
shall be chargeable with the compensation to proprietors or
tenants, with the cost of the commission, except in the case
of the foregoing section.

14. A statement in writing of the number of days each
commissioner appointed under this act, and every surveyor
was employed upon such road, shall be sworn to, and _ pre-
sented to the court, and the court may allow to cach, a rea-
sonable compensation, not exceeding one dollar and fifty
cents per day for each commissioner, and two dollars and
fitty cents per day for the surveyor, and one dollar per day
for each chain-carrier, to be paid by the county out of the
road taxes.

15. When any road is altered, it shall be discontinued to
the extent of such alteration, and no further. Any person,
may apply to have a county road discontinued, after posting

notice of the intended application on the first day of a term
of the county court, at the door of a courthouse of the county,
and at two public places in the neighborhood. The county
court at the next term thereafter, shall enter an order re-
quiring the commissioner of roads to view such road, and
report in writing to the board of supervisors, whether in his
judgment any, and if any, what inconvenience would result
from discontinuing the same. The board of supervisors shall
endorse thereon, their approval or disapproval to the county
court, upon the said report so endorsed and returned, and
other evidence, if any. The county court may discontinue
such road: provided the same be not an established post-road.

16. Any new road may be established, with or without
gates, across the same, and the damages assessed accordingly,
and in every instance where a road may be established with
yates, the number of gates allowed upon the lands of each
proprietor, shall be designated in the report of the road com-
missioner, and shall be erected and kept in good order by the
respective proprietors, and for failure to do so, each proprie-
tor shall be liable to a fine of five dollars for every thirty days
such gate may be out of order, and to have the same removed
by the overseer of the road.

17. Application may be made to the county court to per-
init gates to be erected across any road therein, and a notice
of such application shall be posted at the door of the court-
house, and at two or more public places at or near where the
gates are to be erected, which notice shall also be served upon
the commissioner of roads, and upon the board of supervisors.
If it appears at the next term that the notice has been duly
posted, and served at least twenty days, the court may, upon
satisfactory evidence, permit such erection; but the gates
erected shall be discontinued whenever the court shall so
direct, after like notice and service of the same, and the sur-
vevor of the road precinct shall abate such gate at such time
as the court may order.

18. The board of supervisors shall divide into precincts all
the county roads, and as often as it pleases may appoint a
surveyor Yor each precinct, who shall hold his oftice until
another shall be appointed in his stead ; they shall make re-
port to the court, with a list of all the surveyors appointed,
and of the changes made in such surveyors from time to
time; upon the approval of such report by the court, it shall
be the duty of the clerk to issue a writ to the sheriff, com-
manding him’ to give notice thereof to the person so ap-
pointed, which writ the sheriff shall execute and return to
the court at the succeeding term; the clerk shall, moreover,
annually, at the March term of the court, publish at the door
of the courthouse a list of the precincts, and of the names of
the surveyors; any clerk or sheriff failing in such duty, shall
forfeit therefor five dollars: provided that whenever a sur-
veyor so appointed, shall remove from the precinct where ap-
pointed. his office of surveyor shall be vacated, if he so elects :
provided further. that the same person so appointed surveyor
of two or more precincts with his consent: and provided fur-
ther, that any surveyor who has served two years may re-
sign. :

19. Each surveyor shall superintend the roads over which
he is surveyor. He shall cause the same to be kept cleared of
rocks and obstructions, of necessary width, well drained, and
otherwise in good order and secure from the falling of dead
timber thereon. He shall cause to be placed and kept at the
fork and crossing of every road, a sign board, on which shall
be stated, in plain letters, the most noted place to which each
road leads, and across every stream a sufficient bridge, bench
or log, for the accommodation of foot passengers. When any
bridge or causeway is necessary, and it is practicable for him
to have it made, he shall cause it to be made twelve feet
broad at the least, and sate and convenient. Every bridge or
causeway in his precinct shall be kept by him in as good
order as the means in his power will permit.

20. The board of supervisors shall, whenever in their judg-
ment a necessity exists, lay off, alter or re-arrange any road
precinct or precincts in their county, and allot the bands to
work on the same, and may at any time amend or alter the
same in such manner and to such extent as they may think
proper upon the sugyestion of any surveyor or the commis-
sioner of roads: provided however, that the road precincts
and apportionment of hands as existing at the time this act
shall continue and be in torce until the same shall be altered
or changed by the board of supervisors as hereinbefore pro-
vided for: and provided further, that the said board of super-
visora shall make and keep a correct record of the road pre-
cincts and allotment of hands, and of every alteration or
change of the same.

21. All male persons between the age of seventeen and
sixty years, shall be compelled to work on some public road
in the county, as near as may be to the place of their resi-
dence, with the following exceptions: Ministers of the gospel,
any person who has losta leg or arm, and any other person
who is otherwise disabled, may be exempted by order of the
board of supervisors on account of such disability.

22. Every person requested to work on the public roads
shall, either in person or by a sufficient substitute, when
notified by the proper surveyor, attend with proper tools,
and work the road on such days as the surveyor may direct.
For every day on which there may be a failure, seventy-five
cents shall be paid to the surveyor within thirty days there-
after, by the person in default, if'a person of full age, or if he
be an infant, by his parent or guardian. If the money be
not paid to the surveyor in the time specified, he shall make
out a ticket against such delinquent party, or the person
liable to pay the same, for the amount of said fine, and place
the same in the hands of the constable of his district, or
sheriff of the county, who is hereby required to receive the
same for collection, and take a receipt of the officer for the
same. The officor having charge of the collection of such
fines, shall distrain therefor in the same manner as for taxes
and county levies, and may sell any property distrained after
ten days notice. Such officer shall have a fee of twenty-five
cents in all cases where the money shall have been collected
by him, to be paid by the party in addition to the fine. He
shall pay over to the surveyor all such fines within thirty
days after they shall come into his hands, or return the same
to the surveyor as insolvent, where the fine cannot be col-
lected by levy. If the officer shall fail to make payment of
the fine, or return the same insolvent within sixty days from
the date be received it, he and his sureties on his official
bond, shall be liable for such fine, whether collected by him
or not, to be recovered by the surveyor upon motion. He
shall return to the board of supervisors annually, by the first
day of December, a list of' all fines so collected, with the
names of the surveyors, to whom the same has been paid, to
be labelled and filed for safe-keeping. All money which shall
be received by any surveyor, shall be expended by him for
labor or teams on his road, and he shall annually, on the first
day of December, render an account, under oath, to the board
of supervisors, showing the full amount which shall have
been recovered by him, and the manner in which the same
was expended.

23. All tickets for labor which may be returned by the
officer insolvent, as hereinbefore provided, shall be returned
by the surveyor to the board of supervisurs, who may unless
good cause be shown to the contrary, order that the delin-
quent party be arrested and turned over to the manager of
the gang of road hands hereinbefore provided, and shall be
made to work with said gang, at fifty cents per day, until
the fine and cost are satisfied.

24. If the surveyor of any road precinct is unable, with
the means and labor at his disposal, to keep in good order his
road precinct, he sball inform the road commissioner thereof,
who shall under the direction of the board of: supervisors,
proceed to take such steps as may be necessary to put such
road precinct in order.

25. The board of supervisors shall prepare a schedule fixing
the prices to be allowed for the use of teams, plows, and other
implements used on public roads. A copy of such schedule
shall be delivered or sent to each surveyor by the clerk of
the board. Upon application of the surveyor, such tools as
may be necessary to keep bis road in order shall be furnished
him by the board of supervisors: provided the same be ap-
proved by the commissioner of roads.

26. The surveyor of any road 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
any lands adjoining the same: provided such wood and other
articles be not taken from, and such ditch be not cut through
any lot in a town, yard or garden, without the consent of
the owner.
27. If the owner or tenant of any such land shall think
himself injured thereby, a justice, upon application to him,
shall issue a warrant to three freebolders, requiring them to
view the said lands, and ascertain what is a just compensa-
tion to such owner or tenant for the damage to him by reason
of anything done under the preceding section. The said free-
holders, after being sworn, shall ascertain such compensation,
aud report the same to the board of supervisors, which shall
be levied for and paid out of the road fund. °

28. Every surveyor of a road shall be entitled to compensa-
tion not exceeding one dollar and fifty cents per day, to be
fixed by the board of supervisors, to be paid out of the road
fund, for the time actually employed in summoning hands
and working the road, which shall be embraced in the annual
account to be rendered to the board of supervisors, under
oath, on the first day of December of each year, as herein-
before provided. :

29. When a bridge or causeway is necessary, and it is not
practicable for the surveyor to have it built or repaired, the
commissioner of roads shall, under directions of the board of
supervisors, cause the same to be done, either by letting the
same to contract, or otherwise, the cost thereof to be paid out
of the road fund.

30. When the road commissioner shall be informed that
any road precinct is out of order, he shall require the overseer
of such precinct to put the same in order without delay; and
if the oversecr shall, for ten days thereatter, refuse or fail to
put the same in order according to law, then it shall be the
duty of said road commissioner to report the fact to the
commonwealth’s attorney, specifying the road precinct and
the name of the surveyor, whose duty it shall be to cause a
summons to be issued forthwith from the clerk’s office of the
county court in the nature of a rule against such surveyor,
requiring him to appear on the first day of a term of the
county court, to be specified in the summons, to show cause,
if any be can, why be shall not be fined for not keeping his
road precinct in proper order.

31. Upon the return of the summons, duly executed, the
court at which the surveyor was notified to attend, shall, with-
out the intervention of a jury, proceed to hear the motion
upon such evidence as may be produced, and if it shall appear
that said surveyor has failed to discharge his duty and keep
his road in order, he shall be fined by the court a sum not
less than five dollars nor more than twenty, which, with the
cost, including the legal fee to the commonwealth’s attorney,
shall be collected as other fines, and paid into the county
road fund, except the fee which shall be paid the common-
wealth’s attorney.

32. It shall be lawful for the board of supervisors to em-
ploy a gang of hands and a competent person to superintend
the same, to be constantly worked on the worst places on the
public roads, and to provide suitable teams, wagons, and all
such tools and implements, including scrapers, shovels, picks,
and so forth, as may be necessary, and pay the same out of
the county road fund, together with the wages of all the
hands which may be employ ed, and all expenses attending
the purchase of such teams, tools, wagons, including the ex-
ense of feeding such teams and hands: provided the said
board of supervisors may, if in their judgment, provide for
the working of two or more gangs of hands.

33. All new roads and alterations of old roads shall be
made with the hired labor, under the provisions of this act,
unless the parties immediately interested shall agree to open
such new roads or make such alterations as a condition or
ayreement upon which such new road is established or alter-
ations made.

34. The board of supervisors shall fix the salary to be paid
to the commissioner of roads, so that the same shall not ex-
ceed six hundred dollars per annum. and shall provide
whether the hole of the time or part thereof of such com-
missioner shall be devoted to the public roads.

35. Any person desiring to have opened through the lands
of another person a road for his private accommodation, may
make application and proceed according to the provisions of
this act, but shall in all cases pay all costs and damages in-
cluding the opening of such road: provided that nothing
shall be charged for the services of the road commissioner in
such cases.

36. The board of supervisors shall provide for the payment
of all the costs which may be incurred in keeping the public
roads in order, and for altering the same, and for opening
new roads, including land damases, and for repairing or build-
ingr bridges, to be levied, collected, and paid out according to
provisions of law.

37. To enable the board of supervisors to speedily com-
menee operations under this act, they are empowered to issue
ten county bonds of five hundred dollars each, payable annu-
ally from one to ten years, bearing six per centum interest
trom date of’ issue, aud they shall provide to pay punctually
the said bonds as they become due, as well as the interest,
annually, on all of the outstanding bonds.

38. ‘The supervisors shall each. receive twenty dollars, in
addition to that which they are now entitled by law, in con-
sideration of the additional duties imposed on them by this
act.

39. Before this act shall be enforced, the board of supervi-
sors Shall provide for an election by the voters of the county.
to he held on the fifteenth day of April, eighteen hundred
and eighty-four, as other county elections are held, at which
election all qualitied voters can vote, either for the road law
or agrainst the road law; and if a majority of the votes cast,
including a majority of the frecholders voting, be for the
road law, then this act shall be in full force. But if a majority
of the votes cast be against the road law, then tbis act shall
be void and of no eftect.
40. All acts and parts of acts inconsistent with this act,
so far as they relate to said county, are hereby repealed; but
this act shall not be so construed as to repeal or alter any act
or law in relation to ferries or bridges between said county
and any other counties or city.