An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1884es |
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Law Number | 104 |
Subjects |
Law Body
Chap. 104.—An ACT to amend and re-enact an act entitled an act to
provide for working of roads in the counties of Chesterfield, Pow-
atan and Goochland, approved March 3, 1884.
' Approved November 24, 1884.
1. Beit enacted by the general assembly of Virginia, That
an act approved March the third, eighteen hundred and
eighty-four, entitled an act to provide for working of roads
in the counties of Chesterfield, Powhatan and Goochland, be
amended and re-enacted so as to read as follows:
§1. Beit enacted by the general assembly of Virginia, That
it shall be lawful for the counties of Chesterfield and Pow-
hatan, after the first day of December, eighteen hundred and
eighty-four, to locate, open, change and repair highways,
roads, ferries and bridges as follows: :
§2. That for each. magisterial district in the counties of
Chesterfield and Powhatan there is hereby created and estab-
lished a board, consisting of the supervisor, a commissioner
of roads, and an associate commissioner of roads, for each
district, which board shall have the control of the roads,
bridges and ferries within its limits, and all taxes levied for
road purposes and building and repairing bridges and ferries
shall be expended in said magisterial district, except as here-
after provided. The commissioner of roads and associate
commissioner of roads shall be nominated by the board of
supervisors of each county, and shall be appointed by the
judge of the said counties of Chesterfield and Powhatan, who,
with the supervisor, shall constitute the road board for each
magisterial district, and they shall remain in office until their
successors are nominated and appointed in May next and
qualified according to law, or as provided by this act.
§3. That the sub-road districts, as now laid out and de-
scribed by metes and bounds, within the line of the old town-
ships, shall remain as they now are, unless and until they
shall be changed by said board. ;
§4. That every two years there shall be recommended by
each road board, and appointed by the board of supervisors
in each of the counties of Chesterfield and Powhatan, not
later than the fourth Thursday in May, one overseer of roads
for each sub-road district in each magisterial district in each
county, whose term of office shall be for two years, beginning
on the first day of July succeeding his appomtment. He
shall reside in the district for which he shall have been ap-
pointed, and shall have charge of the roads of his district.
f any such overseer, after being appointed, fail to work the
roads in his district when necessary, or when directed by the
commissioner of roads for his magisterial district, he shall be
liable to a fine, on presentment by the grand jury, not ex-
ceeding twenty-five dollars.
§5. That his duties 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, and
all ferries are kept in working order; also shall have custody
of any tools and implements that may be putin his hands for
working the roads; and shall perform such other duties as
may be prescribed by law or directed by the board of com-
missioners of roads. His compensation shall be at the rate of
one dollar and fifty cents per day, or at the rate of one dollar
and fifty cents for any portion of a day actually employed in
road duty.
§6. That every two years, at the May term of the court,
there shall be appointed by the judges of the counties of
Chesterfield and Powhatan, as per second section of this Act,
for each magisterial district, one commissioner of roads, whose
term of office shall be for two years, beginning on the first
day of July next succeeding his appointment. He shall re-
side in the district for which he has been appointed, and shall
qualify before the judge of the county court either in term
time or vacation, giving bond with good personal security in
a sum not less than five hundred dollars, nor more than one
thousand dollars.
§7. The commissioner of roads shall have charge of all the
roads in his magisterial district. His duty shall be to see that
the roads in his district are kept in good condition and of the
proper width, and in all cases where they are not of the pro-
per width, to notify the person or persons trespassing, by
written notice, and, if the obstruction is not removed in a rea-
sonable time, he shall direct the overseer of the district to
remove the said obstruction, and recover the expenses, with
cost, from the trespasser, by a warrant before a justice of the
peace. He shall examine the roads of his district each year,
in the months of May and November, and see that the road,
bridges and ferries are kept in good repair by the overseers
thereof, and if he shall find any overseer delinquent, he shall
give him notice, in writing, that his road is out of order, and
if the road-overseer refuses or fails to put the road in order,
then he shall be subject to presentment before the grand jury,
and a fine of not less than twenty dollars nor more than
twenty-five dollars. The road board in each magisterial dis-
trict in each county shall, with the consent and approval of
the board of supervisors, have authority, when it is deemed
advisable, to let out to contract any piece or section of road
that cannot be kept in order by the overseer with the hands
belonging to said road district.
§ 8. That every two years, at the May term of the court,
there shall be appointed by the judges of the counties of
Chesterfield and Powhatan, as per second section of this act,
for each magisterial district, one associate commissioner of
roads, whose term of office shall be for two years, beginning
on the first day of July next succeding his appointment: pro-
vided that the first appointment under this act shall be for
one year. He shall reside in the district for which he has
been appointed, and shall qualify before the judges of the
county courts of the counties of Chesterfield and Powhatan,
either in term time or vacation. | ,
§ 9. His duties shall be to sit in the meeting of the board
of road commissioners, whenever notified of said meeting, as
a member of said board, and to perform any other duties that
may be required of him by the said board of road commis-
sioners. .
§10. That the board of road commissioners, for their re-
spective magisterial districts, shall annually, not later than
the fourth Monday in April of each year, lay a road tax, not
exceeding twenty-five cents on every hundred dollars value
of property, real and personal, including all railroad property
within their districts, and immediately certify the same to
the board of supervisors of their respective counties, as the
amount of levy necessary for road purposes in their districts,
and for the building and repairing of bridges, as well as fer-
ries, in the counties.
§11. 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 indorse thereon his approval or disapproval of
the same, and his reasons therefor; which petition and com-
missioner’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 proposed change; the county or other competent surveyor
shall accompany the reviewers, 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
Google
make report of, and estimates for any modification of the
route.
§ 12. That notice of the time and place when the viewers
shall meet, shall be given in some public manner in the
vicinage of the proposed road at least five days before the
time of meeting. The viewers, before they proceed to dis-
charge their duties, shall be severally sworn by the commis-
sioners of roads, or some other person authorized to adminis-
ter oaths, to perform their duties impartially and to the best
of their judgment. If they decide that there is public neces-
sity for the road, or change, they shall lay out the same, hav-
ing respect 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 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
rom 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, orchard, or any part thereof, be taken without
the consent of the owner.
§ 13. 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, atter which the same proceedings shall be had as
under the general road law of the state, upon the return of
the report of the 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 ac-
tually paid.
§ 14. 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 be less in width than thirty feet.
§ 15. That the court may, at its discretion, grant a second
or third review, the reviewers to be paid the sum of one dol-
lar per diem, and the county or other surveyor two dollars
per diem, to be paid as provided for in section sixteen of this
act.
§ 16. That the clerk of the county court shall keep a road
docket, in which all proceedings in regard to roads in the
county court shall be kept of record, and hoard of supervi-
sors shall pay him according to the work to be performed.
§17. All male persons in the counties of Chesterfield and
Powhatan shall be compelled to work on some public road
therein, as near as may be practicable to the place of their
residence, with the following exceptions: Ministers of the
gospel who have charge of a congregation, persons under
sixteen and over sixty years of age, and any person who has
lostaleg oranarm. Any other person who is otherwise disa-
bled may be exempted on a certificate of the commissioner of
roads of such disability: provided, however, they shall not
be required to work more than two daysin one year. All
persons so required to work, shall be notified by the road
overseer of the road section to which he is assigned, of the
time and place where he is required to work, as near his
place of residence as may be practicable. The said notice of
the road overseer shall be given at least twenty-four hours
prior to the time fixed to work such hands, and this notice
must be madein person or a written notice thereof left at the
residence or place of employment of such person. All per-
sons 80 notified, must appear, or furnish an acceptable substi-
tute, in time to perform ten hour’s diligent labor; and if he
fails so to appear with a suitable tool to work with, or fails
or refuses to do what the road overseer directs, or does any-
thing to operate against the diligent prosecution of the work,
he shall be dismissed by the road overseer and proceeded
against as if he had not attended according to notice.. Such
persons shall by the road overseer be fined or charged seventy-
five cents per day for every day of such failure, with the
addition of ten per centum. If he fails to pay such fine or
charge to the road overseer within thirty days thereafter, the
road overseer shall make off and deliver to the treasurer, or
sheriff, or any constable, an account for such fines, which
shall be collected by the officers receiving the same in the
same manner provided by law for the collection of taxes.
The road overseers shall also act as collectors, with the same
powers of treasurer, sheriff or constable. The road overseer
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, with
ten per centum added, and no property shall be exempt from
seizure or distraint to satisfy said claim. All moneys collec-
ted by the road overseer, treasurer, sheriff or constable under
the foregoing proceedings, or otherwise, shall be accounted
for to the board of commissioners of roads, and by said boards
to the board of supervisors, who must account for same on
settlement by the boards of commissioner of roads with the
boards of supervisors.
§18. That the boards of supervisors of Chesterfield and
Powhatan, shall be authorized to draw their warrants upon
the treasurers of their respective counties, in favor of the
commissioner of roads of each magisterial district, for such
amounts not exceeding at any one time, one-fourth of the
amount levied by said board of commissioners of roads, and
approved by the board of supervisors to which his district
will be entitled for road purposes.
§19. That the board of road commissioners shall keep, in
a well bound book, a record of all their proceedings, and in
another account-book, the amounts of money paid out, to
whom paid, and a full statement, and what it is paid for.
§20. The road commissioners shall be, and are hereby
required to make an annual statement or settlement of all
their accounts for the year, at the June meeting of the board of
supervisors, or as soon thereafter as practicable, showing the
amounts of money that came into their hands from all sources,
and the amounts expended on roads, bridges and ferries; the
amount paid out for material used; the amount paid road
commissioners and road overseers, each properly explained ;
and any other information that may be required by the board
of supervisors, in regard to roads in the magisterial districts.
§ 21. That in case a road or line dividing two magisterial
districts, the road commissioners 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 case they cannot agree, the board of supervisors shall
divide the same, and direct what part 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 road overseer shall erect at all points where roads
cross or intersect or diverge from each other, suitable indi-
cators 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 defaces, removes, or in any
way injures an indicator, shall be subject to a fine of five dol-
lars, to be recovered by the commissioner of roads upon judg-
ment of a justice of the peace, and any road overseer or con-
tractor shall have power to enter upon any lands adjoining
his road or section to make necessary repairs, drains or
ditches. .
§ 23. The board of road commissioners of each magisterial
district in the counties of Chesterfield and Powhatan shall
report in writing to the board of supervisors, at the June and
December meetings of said board, the condition of the roads,
bridges and ferries in their respective districts, and whether
or not the road overseers in said districts have discharged
their duties faithfully, as required by this act. The board of
supervisors shall have the power to remove all persons they
nominate or confirm, but in all cases of removal the board of
supervisors must enter the cause of removal.
§ 24. All contracts heretofore made by the board of super-
visors of Chesterfield county, in regard to roads and bridges
in said county, are hereby made valid, and the levy which
has been already made by the board of supervisors of Ches-
terfield county, which includes the necessary funds ‘for the
present working of roads, shall be considered a fund, and the
oard of supervisors will turn the same over to the commis-
sioner of roads for each magisterial district, as they in their
judgment may deem just and equitable to all portions of the
county. .
§ 25. 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 commissioner
or overseer of roads shall notify such person or persons 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 fur all damages, to be recovered by warrant be-
fore 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 road overseer may make
said repairs and require such party or parties to pay all costs
thereby incurred, which costs may be recovered before a jus-
tice of the peace or court ot competent jurisdiction.
§ 26. 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 shall 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, post-offices, 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.
g 27. That the compensation of the surveyor shall be fixed
by the board of supervisors, and shall not exceed two dollars
and fifty eents per diem for the time actually employed.
§ 28. 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 en-
titled to a copy, and each person whose levy does not reach
five dollars shall have a copy by paying the difference be-
tween his levy and the price of the map. The said map shall
be under the control of the surveyor: previded, the price of
the same shall be fixed by the board of supervisors.
§ 29. All acts heretofore passed by the general assembly in
reference to the country. roads of Chesterfield and Powhatan
are hereby repealed.
§ 30. All incumbents of office under the road law now in
force in Chesterfield and Powhatan counties will continue in
office, and discharge the duties of the same, until their suc-
cessors are duly appointed and qualified under the provisions
of this act.
- §31. This act shall be in force from its passage.