CHAP. 396.—An ACT to provide for the building of bridges and cause-
ways, and the repairs thereof, and the opening, working and keep-
ing in order the roads of the county of Charlotte.

Approved March 3, 1886.

1. Be it enacted by the general assembly of Virginia, That
when, in the opinion of the county court of Charlotte, it is
necessary to examine any of the roads existing in the county,
or such routes for new roads therein, as it may designate, said
court shall appoint one or more commissioners, not exceeding
three, who shall be freeholders of the county, whose duty it
shall be to examine such roads or routes and report upon the ex-
pediency of altering the location or grade of any existing road,
or of establishing any new road, or of repairing or building any
bridge, or may direct them to lay off any road at such grade
as it may prescribe.

2. Every.road shall be thirty feet wide, and the grade of no
road, hereafter located, shall exceed five degrees at any one
point, unless the county court order a different width or differ-
ent grade.

3. When any person applies to the court of said county to
have a road or landing therein established or altered, the court
shall, and whenever without such application it sees cause for
so doing the court may, appoint one or more commissioners,
or three or more viewers, to view the ground and report to the
court the conveniences and inconveniences that will result, as
well to individuals as the public, if such road or landing shall
be as proposed, and especially whether any yard, garden, or-
chard, or any part thereof, will, in such case, have to be taken.

4. The commissioner or viewers, acting either under the pre-
ceding or the first section, shall particularly report the facts and
circumstances, in his opinion, useful in enabling the court to
determine the expediency of establishing or altering the road
or landing. He may examine other routes than that proposed
for any road, and report in favor of the one he prefers, with his
reasons for the preference. He shall report the names of the
land owners on such route, and state which of them require
compensation, the probable amount, in the opinion of the com-
missioner or viewers, to which such party may be entitled, and
any other matter which he may deem pertinent. A map or.
diagram of such route shall be returned with his report. If the
commissioner or viewers be not surveyor, he shall procure one,
if necessary.

.5. Upon the report, unless the opinion of the court be against
establishing or altering the road or landing, it shall award pro-
cess 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, tenant, agent or
attorney of any proprietor known to the court, residing within
this state, or if the true owner or proprietor 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 of
general circulation for four weeks, successively, to appear and
show cause against the same, 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 eighteen hundred and seventy-three.

6. 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 pro-
ceedings.

7. But if any tenant or proprietor desires it, or if the court
see cause for so doing, it shall appoint five disinterested free-
holders 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 or landing. Said commissioners shall meet
on the lands of such proprietors and tenants as may be 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
proprietors or tenants, their agents or attorneys, except, only,
that it need noi be given to one present at the time of making
the order. Any one or more of said commissioners attending
on the land as aforesaid, may adjourn, from time to time, till
the business shall be finished. The said commissioners, in the
discharge of their duties, shall comply in all respects” with the
provisions of sections nine and ten of chapter fifty-six of the
Code of eighteen hundred and seventy-three, and forthwith
make return of their report, and the certificate of the justice,
to the court of the county or corporation; and unless good
cause be shown against the report, the same shall be confirmed.
If, however, good cause be shown against the same, or if the
commissioners report their disagreement, or if they fail to re-
port within a reasonable time, the court may, as often as it
seems to it proper, appoint other commissioners, and the mat-
ter shall be proceeded in as before described; and in the case of
a road, the said commissioners shall also ascertain and report
to court whether the said road will be one of such mere private
convenience as to make it proper that it should be opened and
kept in order by the person or persons for whose convenience
it is desired.

8. When the record shows that the sum allowed by the com-
missioners aS compensation to any proprietor or tenant is not
more than the court before making the order appointing such
commissioners had consented to allow him, such proprietor or
tenant shall be adjudged to pay the cost ‘occasioned by ‘such
order.

9g. Not more than one acre of land shall be condemned for
any landing ;. and no road or landing shall be established upon
or through any lot in an incorporated town without the consent
of the proprietor thereof, or through the lands of any ceme-
tery, or through the lands of any seminary of learning without
the consent of the owners thereof, or the corporate authorities.

10. When the road or landing is established or altered, the
county shall be chargeable with the compensation to the pro-
prietors or tenants, with such costs as the court may allow the
applicant, and the costs of the commission, except in the case
mentioned in the eighth section: provided, however, that when
it shall appear to the court that the opening and establishment
or alteration of such road will be for mere private convenience,
then the court may order the opening and establishment or
alteration of such road upon the condition of such applicants
paying, in whole or in part, the conpensation to the proprietors
or tenants, the costs of the proceedings and keeping in order
said road ; the said road not to be opened and established or
altered until such compensation and costs shall have been first

aid, or the written consent of the proprietors or tenants given.
hen the court decides in favor of establishing or altering any
road, or building or repairing any bridge, or shall make any
allowance under any provision of this act where the gross ex-
penditures with which the county will be chargeable, will in
any case exceed thirty dollars, before ordering the road, bridge,
alteration or repairs, the court shall ascertain and by its order
determine the amount of the expenditure to be made, and
shall certify the same to the board of supervisors of the county.
Said board shall, at its next meeting, determine by a recorded
vote whether the expenditure is deemed proper, and if two-
thirds of. the members present shall deem it inexpedient, the
expenditures shall not be made. So soon as the board has
acted, it shall cause its action to be certified to the court, and
if two-thirds of the said board are not opposed to the expendi-
ture, the court shall direct the work to proceed ; and if two-
thirds shall vote against expenditure, the court shall not direct
the work to be done.

11. A statement in writing of the number of days each com-
missioner or viewer appointed under the first or third section,
and every surveyor was employed in executing any such order,
shall be sworn to and presented to the court, and the court
may allow to each a reasonable compensation, not exceeding
one dollar per day for each commissioner, and two dollars and
fifty cents per day for the surveyor, to be paid by the county;
and no additional charges shall be allowed by the court for such
survey, except one dollar per day each for two chain carriers,
when deemed necessary by the court ordering the survey.

12. When the court decides against the application of an
individual to establish or alter a road or landing he shall pay
the costs incurred in the case, except the compensation of the
commissioners, viewers and surveyors, and except such costs
as may be payable by any proprietor or tenant under the eighth
section, and the court may enforce payment thereof.

13. When any road is altered it shall be discontinued to the
extent of such alteration, and no further. Any. person may
applv to have a county road or landing discontinued, after
posting notice of the intended application on the first day of
the term of the county court, at the door of the court-house of
the county, and at two public places in the neighborhood, the
county court at the next term after that at which notice may
have been so published, shall appoint three or more commis-
sioners or viewers, to view such road or landing and report in
writing, whether, in their opinion, any, and if any, what in-
convenience would result from discontinuing the same. Upon
the said report and other evidence, if any, the county court
may discontinue such road or landing, taking care in every case
of an established post-road, not to discontinue: the same until
another has been substituted.

14. Application may be made to the court of said county to
permit gates to be erected across any road therein, and a notice
of such application shall be forthwith posted at the door of the
court-house, and at two public places near where the gates are
proposed to be erected. If it appears at the next term that the
notice has been duly posted at least twenty days, the court may
upon evidence if any, permit such erection. But the gates
erected shall be discontinued whenever the court may so di-
rect, after like notice of twenty days.

15. If it be suggested by any citizen of this state to the
county court of said county, that injury or inconvenience re-
sults therefrom, the court shall cause the owner of such gate to
appear at the next term and show cause why the same should
not be discontinued, and upon the return of such process exe-
cuted, shall determine whether there ought to be such discon-
tinuance or not. If the court adjudge that the gate shall be
removed, the surveyor of the road precinct shall abate such
gate at such time as the court may order: provided, such per-
son shall have the right of appeal to the circuit court.

_ 16. The owner or occupier of every dam shall, so far as a
road passed over the same, keep such dam in good order, at
least twelve feet wide at the top, and also keep in good order a
bridge of like width over the pier-head, flood gates, or any
waste cut through or round the dam, and shall erect and keep
in good order a strong railing on both sides of such bridge or
dam, unless such railing be dispensed with by the county court.
If he fail to comply with this section, he shall pay a fine for
every twenty-four hours’ failure of two dollars, but the fine
shall not, in any one prosecution, exceed fifty dollars; and
where a mill-dam is carried away or destroyed, the owner or oc-
cupier thereof shall not be thenceforth subject to such fine until
one month after the mill shall have been put into operation.

. 17, The court of said county, before or at the June term,
eighteen hundred and eighty-six thereof, shall divide into pre-
cincts all thé county roads, and assign to each precinct the
hands to work on the roads therein, and it shall at the same
time appoint a surveyor for each precinct who shall hold his
office for two years from the first day of July following his ap-
pdintment, and until another be appointed in his stead. The
clerk of the court shall upon such appointment issue a writ to
the sheriff commanding him to give information thereof to the
person so appointed, which writ the sheriff shall execute and
return to the court at the succeeding term. The clerk shall
moreover, annually, at his March court, publish at the door of
the court-house, a list of the precincts and of the names of the
overseers. Any clerk or sheriff failing in such duty shall for-
feit therefor five dollars : provided, that whenever a surveyor,
so appointed, shall move from the precinct where appointed,
his office of surveyor shall be vacated, and if any vacancy,
from any cause, it shall be filled by the court at any term
thereof. | --

18. Any person after being surveyor for two years may give
up his office if his road be in good order, and shall not within
two years thereafter be appointed surveyor without his consent.

19. Every such surveyor shall superintend the roads in his
precinct, he shall cause the same to be kept clear and smooth,
free of rocks and obstructions, of necessary width, well drained,
and otherwise in good order, and secured from the falling of
dead timber therein ; he shall cause to be placed at the fork
or 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 where it is necessary and prac-
ticable, a sufficient bridge, bench or log, for the accommoda-
tion of foot passengers; where any more important 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 least,
and safe and convenient. Every bridge or causeway in his pre-
cinct shall be kept by him in as good order as the means in
his power will permit. ,

20. The county court of said county, upon the motion of any
road surveyor in any magisterial district therein, or whenever,
in the opinion of the judge thereof, a necessity therefor exists,
shall appoint three district freeholders from such district, whose
duty it shall be to lay off, alter or re-arrange any precinct or
precincts therein, and to allot the hands to work on the same.
Said commissioners shall report to.court, as soon as may be,
their action in the premises. Said report shall be filed for ex-
ceptions, and at the next term of said court, any persén whc
thinks himself aggrieved thereby may appear, and for good
cause shown, have the same altered or amended, otherwise i1
shall stand confirmed. Said commissioners shall receive eack
one dollar per day for their services, payable out of the county
levy.

21. All male persons in said county shall be compelled tc
work on some public road therein, as near as may be to the
place of their residence, not exceeding three days in each year
with the following exceptions, namely: ministers of the gospel
persons under sixteen and above sixty years of age, person:
who reside in a town that provides for its poor and keeps it:
streets in order, and any person who has, lost a leg or arm
Any other person who is otherwise disabled may be exemptec
on certificate of the county court of such disability.

22. Every person required 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 thi
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 thereafter, 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
within the time above specified, he shall make out a ticket
against such delinquent party for the amount of said fine, with
an addition of ten per centum for costs, which ticket shall be
put by him into the hands of the constable of his district, or
the sheriff of the county for collection: provided, however, that
such delinquent may, after notice to such surveyor, apply to
the county court, or judge thereof in vacation, and for good
cause shown, have said fine released or remitted: and provided
further, that such delinquent may, before said ticket goes into
the hands of the constable or sheriff, discharge said fine by
labor upon his road precinct. The officer having charge of the
collection of such fines, may distrain therefor in the same man-
ner as for taxes and county levies. He shall account to the
surveyor for all fines collected by him, dividing the costs col-
lected equally with the surveyor, and shall return to the clerk
of the county court, annually, at the March term, a list of all
fines so collected, with the names of the surveyors to whom the
same have been paid. Said clerk shall label and file the same
in his office.

23. 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 may apply-to the county court of his said county,
who may authorize him to hire as many laborers as will suffice
to keep his precinct in good order or to repair great damages
casually occurring or opening a new road when ordered by the
court. The said court may also authorize the surveyor to pur-
chase such material, tools or implements as may be necessary

to facilitate or economize the work in his precinct. The sur-

veyor shall return to the county court a particular account on
oath of the expense so incurred, and for the hire of teams,
plows and so forth, also, the expense of placing and keeping
sign boards as before mentioned, and it shall allow the same or
so much thereof as may be justly due to be paid out of the
county fund.

24. The board of supervisors shall prepare a schedule which
shall show the prices allowed for the use of teams, plows and
other implements used on public roads: provided, that no price
be allowed for the use of any implement, the market value of
which does not exceed one dollar. A copy of the schedule
shall be delivered to each surveyor by the clerk.

25. The surveyor of any road may take from any convenient
lands so much wood, stone, gravel or earth, as may be neces-
sary to be used in constructing or repairing such road, or any
bridge or causeway thereon; and may, for the purpose of drain-
ing the road, cause a ditch to be cut through any lands adjoin-
ing 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.
26. If the owner or tenant of any such lands shall think him-
self injured thereby, a justice, upon application to him, shall
issue a warrant to three freeholders, requiring them to view the
said lands and ascertain what is a just compensation to such
owner or tenant for the damage to him by reason of anything
done under the preceding section. The said freeholders, after
being sworn, shall accordingly ascertain such compensaticn,
and report the same to the board of supervisors, and an allow-
ance shall be made therefor in the next county levy.

27. Every road surveyor, in addition to what is required of
him in the twenty-third section, shall report to the couny court
at the June term thereof in each year, an exact account, veri-
fied on oath, of all moneys received by him, by virtue of his
office, during the past year; said account shall specify the
amount expended by him, and the manner in which the same
has been expended, together with the amount of any remaining
in his hands unexpended. He shall apply any balance so re-
maining to the use of his road precinct in such manner as
said court may direct, or turn over the same to his successor
in office, who shall in like manner account therefor in the next
annual report. It shall be the further duty of said surveyor to
embrace in his report the number of days labor performed by
him and his hands on his road precinct during the past year,
what alterations, improvements or repairs he may think should
be made during the ensuing year, the probable costs of the
same, and any other matter or suggestions in relation to his
toad precinct which he may deem pertinent or which may be
required of him by said court. It shall be the duty of the
clerk of said court after said report has been examined by the
judge thereof to label and file the same in his office.

28. Every surveyor of roads shall be entitled to compensa-
tion, at the rate of two dollars per day, for the time actually
employed in working on roads, which shall be certified by the
court to the board of supervisors, and paid out of the county
levy, which time shall be stated in writing and sworn to by the
surveyor. Any surveyor of roads who shall fail to perform any
duty required of him by this act shall, on presentment and con-
Viction thereof, pay a fine of not less than five nor more than
thirty dollars. |

‘29. When a bridge or causeway is necessary, and it is not
practicable for the surveyor to have it built or repaired, the
county court may contract therefor; and to this end appoint
one or more commissioners to receive proposals.

30. The board of supervisors of the said county shall, on or
before the first day of July, eighteen hundred and eighty-six,
and annually thereafter, appoint one commissioner of roads for
each magisterial district in said county, whose term shall begin
on the first of July, eighteen hundred and eighty-six, and con-
tinue for one year, or until his successor is appointed and quali-
fied. Said commissioner shall qualify by taking the oath
prescribed for county officers. And if by reason of death,
resignation, removal or otherwise, a vacancy shall occur in the
office of said road commissioner of any district, the said board
of supervisors shall, at their meeting next succeeding said
vacancy, appoint some suitable person to fill the unexpired
term of the road commissioners so vacated.

31. The commissioner of roads shall have under his general
supervision all the roads within his magisterial district. He
shall pass over and inspect the roads in his district before the
first Monday in May and November of each year, and note the
condition of all roads therein, the need of new ones, or altera-
tion in existing ones; the condition of all bridges, and where
new ones are needed; and shall carefully note any violation or
inefficiency of any surveyor in his district; all of which matters,
with such suggestions as to the future work he may consider
advisable, he shall embody in a report, to be made under oath
to the county court, at the May and November terms thereof ;
he shall receive for his services two dollars per day for the time
actually employed in the discharge of his duties: provided, the
total compensation shall not exceed twenty-five dollars in any
one year. Any commissioner of roads who shall fail to per-
form any duty required by this act, shall be liable, on present-
ment and conviction, to a fine of not less than five nor more
than thirty dollars; and for any failure in the discharge of his
duties, or for any other good cause, may be removed from
office by the board of supervisors.

32. Any person after serving as road commissioner for one
year, shall not within one year thereafter be appointed or com-
pelled to serve as such without his consent.

33. The court of said county, upon the return of the report
of said commissioner, as required by the thirty-first section,
shall inspect the same and forthwith transmit the same to the
grand jury at its regular May and November terms, and shall
cause each of said commissioners to be sent before said grand
jury at the same time, to be by said jury specially interrogated
as to the condition of the roads in their several districts in con-
nection with their reports made as aforesaid.

34. The court of said county may notify the court of any
adjoining county, that a road 1s necessary from the line of the
former to a place in the latter, or that a bridge or causeway is
necessary over a place between the two counties. If the court
to which such notification is sent concur in their opinion, it
shall in the former case proceed in like manner as when a per-
son applies to have a road established,-and in the latter, it
shall appoint three commissioners to meet at such place be-
tween the two counties, on a certain day, and agree with com-
missioners of the other court, as to the manner and conditions
of doing the work; upon this order being communicated to the
former court, it shall make a similar appointment. The per-
sons so appointed shall, after such conference, report the re-
sult thereof to the courts by which they are respectively ap-
pointed. Upon such report being made each of the courts
shall direct the same, or any other commissioners, not exceed-
ing three for each county, to unite with commissioners of the
other courts, in receiving proposals for doing the work in such
manner and on such conditions as may have been agreed on
by the commissioners, or in any other manner, or upon any
other conditions that may be concurred in by the two courts.

35. If the court to which said notification is sent shall fail to’
appoint viewers or commissioners, or if either court shall fail, |
in any respect, to do on its part what should be done towards
the work, the remedy, by mandamus, shall be before the cir-
cuit court of the county whose court is complained of, on be-
half of the court of the other county; and the circuit court shall
compel the court complained of to do what ought to be done
in the matter. If it shall appear, from the report of the com-
missioners of either county, that it would be equitable for the
two counties to bear ratably the expense of said bridge, the
county courts of said counties may agree upon an equitable di-
vision of the expense of the bridge. If, however, the said courts
cannot agree, the board of supervisors of either county may
take an appeal from the decision of the county court of the
other county to the circuit court of said last named county,
which circuit court shall hear evidence and determine, first,
whether the bridge is needed; and secondly, in what manner
the expense thereof should be equitably divided between the
counties.

36. The commissioners to recejyve proposals for any work to
be let to contract under this act, shall publish notice in news-
paper for four weeks, or at the front door of the court-house,
on a court day, and in the neighborhood, at three or more
public places, where the work is to be done, that proposals for
such work will be received in writing on the first day of the
next court, or on such subsequent day as may be mentioned in
the notice. The notice shall describe the work to be done, and
require such specifications to be made in the proposals as the
commissioner or commissioners may determine on,

37. The proposals which may be received shall all be returned
to the court or courts, as the case may be, which shall deter-
mine whether any, and if any, which of the said proposals shall
be accepted, and if the proposals of any person be accepted,
shall direct the commissioners, or one of them, to reduce to
writing a contract between the county or counties and such
person. : ,

38. The commissioner or commissioners shall report to the
court every such contract signed by the person with whom it is
made, and after an order shall be made by the court or courts
ratifying such contract the same shall be binding upon the con-
tractor and the county or counties; so soon as the contractor
gives bond, with sufficient sureties, to he approved by the court,
and in a penalty at least double the amount which he is to re-
ceive under the contract, payable to the county or counties,
with condition for the faithful performance of such contract.
Such bond shall be taken by the commissioner and returned to
the court. If approved by the court, the fact shall be entered
of record, and the bond and contract shall remain filed in the
clerk’s office. The court mav appoint one or more commis-
sioners to superintend the work contracted for, and make such
allowances therefor as it may deem reasonable, which shall be
chargeable on the county; and no person appointed a commis-
sioner, under the order for such contract, shall become an un-
dertaker for the work, either directly or indirectly.

39. Any person owning land upon a water-course in said
county may erect a wharf on the same, or a pier or bulkhead
in such water-course opposite his land, so that the navigation
be.not obstructed thereby, and so that such wharf, pier or bulk-
head shall not otherwise injure the private rights of any person.
But the court of the said county, after causing ten days’ notice
to be given to the owner thereof of its intention to consider the
subject, if it be satisfied that such wharf, pier or bulkhead ob-
structs the navigation of the water-course, or so encroaches on
any public landing as to prevent the free use thereof, may abate
the same.

40. It shall be lawful for the court of said county to grant
authority to individuals to construct or build tram-roads along
the county roads; provided, they do not interfere with travel
along such roads, the consent of the owners of the fee having
been first obtained.

41. Whenever it shall be necessary for the court of said
county to appoint a commissioner or commissioners under the
first, third and thirty-fourth sections of this act, the court may,
if it appear proper so to do, designate one or more of the dis-
trict commissioners, who shall perform such service as the court
shall designate in such order, for which service said district
commissioner shall receive no other compensation than such as
is provided for by the thirty-first section of this act.

42. It shall be lawful for the board of supervisors of said
county, upon the petition of twenty-five freeholders from any
magisterial district or districts affected thereby, to adopt a
mixed system of contract and labor for working the roads of
said county, such system may be applied to the whole county
or any magisterial district thereof: provided, that no citizen
shall be compelled to labor more than three days in any one
year, nor shall any tax greater than five cents on the one hun-
dred dollars of property, be levied under such system: and
provided further, that upon the petition of fifty freeholders of
the county, the county court shall have power to set aside and
annul the action of the board of supervisors, after having caused
thirty days’ notice of the filing of such petition to be given to
the clerk of the board. Taxes under this section shall be levied
and collected as other county levies.

43. All allowances made by the county court, in pursuance of
this act, shall be certified by said court to the board of super-
visors for payment out of the county levy.

44. The board of supervisors of said county are hereby au-
thorized and empowered to transfer and pass to the general
county levy, any balance or balances that shall remain to the
credit of any magisterial district in the said county, arising
rom the district tax for road purposes under the law now in
orce.

45. All acts and parts of acts, in so far as they apply to the
county of Charlotte, inconsistent with the provisions of this act
are hereby repealed.

46. This act shall be force on and after the first day of July,
eighteen hundred and eighty-six.