Chap. 71.--An ACT to provide for Working of Roads in the county of
Madison.

Approved February 7, 1&4.

1. Be it enacted by the general assembly of Virginia, That
it shall be lawful tor the county of Madison, after the first
day of January, eighteen hundred and eizhty-tive, to locate,
open, change and repair highways, roads, and bridges, 28
follows:

2. That for each magisterial district in the county of Madi-
son, there is hereby created and established a board, con-
sisting of the supervisor, a Commissioner of roads, and one of
the justices of the peace for each district; which board shall
have the exclusive control of the roads, bridges, and fences
within its limits, and all taxes levied for road purposes, and
for building and repairing bridges, shall be expended in such
magisterial districts, except as bereatter provided. The jus-
tice 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 a hoard,
consisting of the judge of the county court, commonwealth’s
attorney, and SUperVvisor of mayisterial district. tor which
the road commissioner is to be chosen, as hereinafter) pro-
vided. The designation of the justice who is to serve on
said read, shall be in writing, and shall be preserved and re-
corded by the board of Commissioners of roads. The board
hereby created and constituted, is declared to be a body
politie 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 des-
eribed by metes and bounds within the line of the old town-
ship, shall remain as they now are, unless and until they
shall be changed by said board.

4. That annually there shall be apysixted 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 ofthis district. If any such overseer,
after being: appointed, unless he decline to accept the appoint-
ment, fail to work the roads in his district when directed by
the road commissioner, he shall be liable to a fine, on present-
ment 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 sate
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
have 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 dol-
lar and fifty cents per diem for each day actually employed.

6. That annually on the fourth Thursday in February,
there shall be appointed by a board, consisting of the county
judge, commonwealth’s attorney, and supervisor of the
magisterial district for which the road commissioner is to be
Chosen for each magisterial district, one commissioner of roads,
whose term of office shall be for one year, beginning on the
first day of March next succeeding bis appointment. “He shall
reside in the district for which he is appointed. Hach com-
missioner of roads thus appointed, shall quality before the
judge of the county, in court or during vacation, and shall, at
the time of his qualification. give bond, with wood personal
security, in not less than two ‘thousand dollars nor more than
five thousand dollars.

7. That the commissioner of roads shall have charge of all
the roads in his mavisterial district. Ilis duty shall be to see
that all the roads in his district are kept in good condition
and are of the proper width, and in all cases where thev are
not, to notity 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 overseer of the
district to remove the fencing or other obstruction, 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 contractors: and if he
Shall tind any overseer or contractor delinquent, he shall give
him notice in writing; and on his tailure to comply with the
law or his contract, shall make the necessary repairs and
enforce payment therefor, as provided in section cleven of
this act; but iff upon such examination, he shall find that
such contractor or overseer has exccuted his contract or per-
formed his duty. according to the law or his contract, he Hall
give him a certificate to that ctfect. with a statement show-
ing 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 collection 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 p: Lid by the board of
commissioners of roads for the respective magisterial dis-
tricts: provided that the compensation of commissioner shall
not for any year exceed one hundred dollars, unless the road
board for bis district shall otherwise determine, that persons
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 publie
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 posted i 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 main-
taining of sufficient bridges over such streams and ravines as
may need them; and in every case, except mountain 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
exceeds the estimate made by the overseer and commissioner
of roads.

9. That it shall be the duty of the said road commissioner
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 expiration
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 e purpose. They
shall also distinetly specify therein what they deem necessary
for the improvement and keeping in good repair the said
public roads and bighways, 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 respectively for the
term of years approved of and designated as provided for in
section seven of thisact. The road book herein provided for,
shall be returned to and preserved by said board, and shall
be opened to the inspection of any citizen in 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 con-
tract embracing all the specifications in relation to the reads
contracted for by him, as provided by the eighth section of
this act, as well as the contract price, the length of time con-
tracted for, and the number and description of sections con-
tracted 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 con-
tract 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 see-
tion, and if the complaint is well founded, shall g¢ive 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 re-
quires ; and upon his failure to do so, the overseer sball pro-
ceed 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 overscer 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 in-
terested in any contract provided for in this act; and any
Vielation 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 fturnished
by private individuals, such allowance not to exceed that paid
by the county for like services immediately prior to the pas-
nae of this act, and a day’s work shall be fixed at ten hours.

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
trom 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 ts,
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
frecholders to view the cround 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 vicin-

aye 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 per-
form their duties impartially and to the best of their judg-
ment. If they decide that there is public necessity for the
road or change, they shall lay out the same, having respect
for the shortest distance and the best grounds, and so as to
do the least injury to private property, and also, as far as
practicable, to be agreeable to the 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 satistied 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 whieh said road will be, if
established, may enter himself a party detendant to said peti-
tion, 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 treasury: and
provided further, that no such opening or change of road
shall be made through any enclosed lands, except by consent
of the proprietor, 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: pro-
vided that the land condemned for any new road, shall not be
less in width than thirty fect.
18. That the ccurt 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
resent general road-law of this state, sball be farmed out
iy 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 and remedies for requiring such able-bodied citizens to

labor on the roads in their road district, or the section thercot
in Which they reside, not to exceed two days in each vear,
and tor collecting and entorcing the tines and penalties im-
posed by the general voad-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 revard to roads in the
county courts shall be kept of record. —

21. That in case of a road or line dividing two mavisterial
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 in
cuse they ‘“annot auree, the county court shall divide the
sume, and direct what piurt of said road shall be opened and
kept in repair by each magisterial district.

22. That under the direction of the commissioner of’ roads,
the overseer shall crect at all points where roads cross, or
intersect, or diverge from each other. suitable indicators,
showing the next most prominent place on the road, and the
distance; 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 defices, removes, or in any way injures
any indicator, shall be subject to a fine of five dollars, to be
recovered by the commissioner of reads upon judgement of a
justice of the peace; and any overseer or contractor shall have
power to enter upon any lands adjoining his road or section,
tu make necessary repairs, drains or ditches.

23. That the board of commissioners of roads for their ne-
spective districts, shall annually in the month of February of
each year, lay a road tax, not exceeding twenty-five cents on
every one hundred dollars of value of property, real and per-
sonal, 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 delivered
to the clerk of the county court, and the treasurer of the
county.

24. That the treasurer of the county shall collect the road
tux 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 Iabor, 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 act-
ing 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 thereatter as the said board shall meet,
and account for all moneys received by him) from the treas-
urer for road purposes, and pay over any balance in his hands
to his successor in office, Which shall besplaced 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 contum; 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. in-
curred 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 annu-
ally, on the first Monday in June. audit, adjust and settle the
accounts of the treasurer for the preceeding 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-
Snissioner of roads tor 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 suc th
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 persons
that his or ther 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 hy warrant
before a justice of the peace or court of competent jurisdic-
tion, 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 jus-
tice of the peace or court of competent jurisdiction.

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 county surveyor sball make
a survey and map of the county, showing on the same the
boundaries of each magisterial district, marking the location
of towns, stores, mills, postoffice, churches, school-houses,
and other prominent objects; indicating beds of minerals—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 dollars
and fiftw cents per diem for the time actually 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 tive dollars, shall be
entitled to a copy, and each person whose levy does not reach
five dollars, shall havea 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
sume is in conflict with this act, shall be in force in the county
of Maclison.

32. All acts heretofore passed by the general assembly in
reference to the county roads of Madison are hereby repealed.

33. All incumbents of offices under the road law now in
force in Madison, 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 its passage.