Chap. 180.—An ACT to provide for the working of the public roads
in Cumberland county.

Approved May 10, 1887.

1. Be it enacted by the general assembly of Virginia, That
on and after the first day of July, eighteen hundred and
eighty-seven, it shall be lawful for the county of Cumberland
to work and keep in repair the roads and bridges as follows:

2. That the several magisterial districts of Cumberland
county shall be each a separate road district, and it shall be
the duty of the county court at its May or June term, in
eighteen hundred and eighty-seven, and annually thereafter,
to appoint three discreet citizens in each magisterial district,
to be selected from different localities of said district, who
shall compose the road board of their respective districts, and
shall be known as district road board. All the public
roads and bridges now existing in the county of Cumberland,
and such as shall hereafter from time to time be opened or
built therein according to law, shall, as to their maintenance
and repair, be under the control, direction, and management
of the district road board.

3. Their term of office shall commence on the first day of
July next succeeding their appointment. They shall qualify
by taking the oath of office prescribed by the laws; and if,
by reason of death or resignation, removal or refusal to serve,
a@ vacancy Sshall occur in the office of said district road board,
the said county court shall, at its next term succceding such
vacancy, appoint some suitable person from the same locality
to fill the unexpired term.

4. The said district board shall within their respective
districts meet on the first Monday in July, eighteen hundred
and eighty-seven, or as soon as practicable, and redistrict the
roads into sub-districts; and it shall be the duty of each board
to appoint annually an overseer of roads for each sub-district,
who shall hold his office until the first day of July, or until

his successor is appointed and qualified. He shall reside in
the road district for which he shall be appointed, and shall
have charge of the roads and bridges of his district. If any
such overseer shall fail to work the roads in his district, he
shall be liable to a fine, on presentment by the grand jury,
of not less than five nor more than fifty dollars.

5. All male persons in each sub-district shall be enrolled
by the overseer of that district, and compelled to work on
some public road therein not less than two daysin cach year,
with the following exceptions, namely: Persons under six-
teen and over sixty years of age; ministers of the gospel
recularly and actually in charge: “of a congregation, and any
person who has lost a leg or arm, and any “other person who
is otherwise disabled may be exempted on certificate of the
county court of such disability. A list of persons so ap-
pointe d to work on the public roads shall be made out in alpha-
betical order and filed by the overseer with the clerk of the
district road board.

6. The said board shall elect one of their number chair-
man and another clerk. Any two shall constitute a quorum
for the transaction of business, and the chairman, or acting
chairman, shall have power to administer an oath to any
person concerning g¢ any matter submitted to the board or con-
nected with their, powers or duties.

7. Every overscer shall cause the roads under his charge to
be kept clear and smooth, free from loose rocks, from gates un-
lawfully kept up, and any other obstructions; thirty feet
wide, unless otherwise ordered by the road board, and the
bed of the road raised in the middle and slope gre adually each
way to the sides, where ditches sufficient to carry off the
water shall be made, and kept open. He shall also cause all
dead timber liable to fall in the road to be removed. He
shall keep at the fork or crossing of every road, a signboard,
on which shall be plainly lettered the most notable points to
which each road leads; and across such streams, where it i3
necessary and practicable, a sufficient bridge, bench, or log
for the accommodation of foot passengers, "and a bridge for
vehicles and horses. THe shall also, if directed by the board,
provide suitable watering places on the lines of the road
under his charge for the accommodation of stock and persons.
All work required by this section, except removing obstruc-
tions, building and repairing bridges, shall be done between
the first day of April and the first “day of September of each

rear.

, 8. At the meeting of the district road board on the first
Monday in October, the overseer shall render an accurate
account to the board of all fines imposed, collected and ex-
pended by him, gnd what persons are delinquent, and for
what sums, what persons are entitled to pay, and how much
for labor, teams, implements, and materials, and how mucb,
in his opinion, it will require to keep tho roads in his district
in order the ensuing year, and make such improvement as
may appear advantageous. Said overseer shall have credit,
in his settlement, for all receipts of constables for fines placed
in his hands for collection and uncollected. The same shall
be charged against his successor, but the board may at any
time credit such overseer with any fines that may appear in-
solvent and which the overseer may make affidavit have not
been collected by him. The overseer in any charge for ser-
vices rendered by himself, or his employees, hire of bis own
team and implements, or materials furnished by himself, shall
prove the same by the affidavit of two disinterested witnesses,
who shall be tax-payers of his road district, that the charges
are just. Any such overseer who shall fail to perform any
duty required by this act, or refuse to serve after being ap-
pointed, shall be liable, on presentment by the grand jury, to
a fine of not less than five nor more than thirty dollars, and
may be removed from office by the board. Any person after
being overseer for two consecutive years, shall not in two
years thereafter be appotnted overseer without his con-
sent.

9, If any overseer shall fail to account for any money or
property in bis hands belonging to or due said district, and
if be fail to make such settlement, as is provided for in this
act, or fail to account for any money or property placed in
his bands, the board shall ascertain the value or amount
of such property or money, an1 deduct the same from his pay.

10. The members of the road board shall, before the first
Monday in October of each year, inspect and note the con-
dition of all the roads and bridsees | in their districts, and shall
advise or sugyest to the overseers any improvement in the
mode and manner of working them. They shalk carefully
note any violation of duty or ineficiency of the overseers in
their district, and it shall be their duty to report such viola-
tion to the grand j jury. The members of the board shall re-
ceive for their services two dollars per day for the time actu-
ally employed: provided the total compensation for each
member shall not exceed ten dollars in any one year. Any
member of the board who shall fail to pertorm any duty re-
quired by this act, shall be liable, on presentment by the
yrand jury, to a tine of not less than five nor more’ than
twenty dollars, and may be removed from office by the county
court.

11. The district road board shall annually, on the first
Monday in October, lay a road tax, not exceeding twelve
cents on the hundred dollars of value of property, real and per-
sonal, within their districts, and the same shall he certified to
the commissioner of the revenue, who shall thereupon extend
Lhe said taxes in the copies of bis book to be delivered to the
‘lerk of the county court and the treasurer of the county.
[he road board at the same mecting shall audit all accounts
n their respective districts, and cert:fy the same to the board
of supervisors, and the said board of supervisors shall have
whe said accounts entered upon their record, and warrants
ssued tor their payment.

12. The treasurer of the county shall collect the road tax
in the same manner and at the same time. and place he re-
ceives the State and county tax, and pay the same on pre-
sentation of county warrants for that purpose: provided that
each warrant shall state upon its face on which magisterial
district fund it is drawn.

13. The compensation of the overseers shall be fixed by
the road board, but sball not exceed two dollars per diem for
the time actually engaged, including summoning the hands
and working the roads. The funds collected from each
magisterial district shall be kept separate by the county
treasurer, and a different rate of tax may be prescribed for
different districts, and the amounts collected in each district
shall be expended in that district.

14. The road board 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 to each overseer by the clerk of the board.
Upon application of the overseers, such tools as the board
may decm necessary to keep the road in order, may be fur-
nished by the board.

15. The overscer may take from any land so much wood,
stone, gravel, or earth as may be necessary to be used in con-
structing or repairing any road, 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.

16. If the owner or tenant of any such lands shall think
himself injured thereby, the chairman of the road board,
upon application to him, shall issue a warrant to three free-
holders, requiring them to view the said land and property,
and ascertain what is a just compensation to such owner or
tenant for the damage to him by reason of anything under
the preceding section. The freeholders, after being sworn,
shall accordingly ascertain such compensation, and report the
same to the road board, and an allowance shall be made
thercfor; and the said allowance shall be certified to the
board of supervisors as other road claims, and paid out of the
same fund.

17. Every person liable to road duty shall, either in person
or by sufficient substitute, when notified by the overseer to
attend with proper tools and work on the road on such days
as the overseer shall direct. For every day on which there
is @ failure, seventy-five cents shall be paid to the oversecr,
within thirty days thereafter, by the person in default, if of
full age, or it he be an infant, by his parent or guardian. If
the money be not paid, as above specified, the overseer ghall
make out a ticket against the delinquent party for the amount
of said fine, with an addition of twenty-five per centum for
costs, which ticket shall be ptaced by him in the bands of tbe
constable of his district for collection. The constable in
charge of said ticket may distrain therefor, in the same man-
ner and upon the same property as tor taxes and county
levies; and if the said fine be not paid in thirty days after
the ticket has been placed in the hands of the constable, the
constablo shall proceed to collect the said fine as if it was a
capias pro fine issued for a fine due the commonwealth. That
any constable collecting fines under the latter clause of this
section, shall be entitled to the same fees as for similar ser-
vices rendered the commonwealth, all of which are to be paid
out of the road levy.

18. The constable shall account to the overseer for all fines
collected by him, retaining the costs aforesaid, and he shall
return to the board, at their meeting on the first Monday
in October of cach year, a list of all claims or fines collected
by him.

19. It shall be the duty of the clerk of the board of super-
visors to furnish the several road boards the amount of all
taxable property in each magisterial district, real and per-
sonal.

20. All acts and parts of acts in conflict with this act are
hereby repealed.

21. This act shall be in force from its passage.