Chap. 184.—An ACT for the enactment of a special road law for Lee
county.

Approved May 10, 1887.

l. Beit enacted by the general assembly of Virginia, That
each magisterial district of the county of Lee, shall keep in
good repair within such district.

2. There shall be a commissioner of roads within each dis-
trict, who shall be appointed by the judge of the county
court at the term next, and he and two other persons
within the district to be also appointed by the court at the
same time, shall constitute a board styled the road board of
district.

3. The board in each district shall lay off the roads in the
district into sections, clearly designated, and as nearly equal
a8 may be as to the work required to be done on each scc-
tion, and the sections shall be numbered one, two, three, and
80 forth. .

4. For each section the board shall appoint a suitable per-
s0n as oversecr, and assign to each overscer so appointed, a
number of hands of not less than sixteen, when practicable,
who are liable to work on roads, and the hands thus assigned
shall be as nearly equally as may be, and regard to the con-
venience of overseers and hands shall be duly considered by
the board.

5. All male persons in cach road district who are able-
bodied and between the ages of sixteen and sixty years shall

be compelled to work on the roads within such district, ex-
cept ministers of the gospel.

6. Each member of the several road boards shall qualify
within ten days after due notification of his appointment; he
shall take an oath from some one authorized to administer
an oath that he will perform his duties to the best of his
ability and judgment. A certificate thereof shall be for-
warded by him to the clerk of the county court, in whose
office it shall be filed.

7. The road boards of the several districts shail proceed
within thirty days after the notification of their appointment,
to lay off the roads in their respective districts into sections,
and appoint overseers and assign hands as hereinbefore pro-
vided.. The commissioner of each district shall keep a record
thereof in a book kept by him for that pwrpose, which shall
be open for inspection to any one interested. A report
thereof, signed by the board, shall be returned to the county
court as soon as practicable. The same shall be examined by
the court, and if there be no objection on the face of the re-
port, or valid objections made thereto, the same shall be
noted on the records as confirmed, and it will have the same
effect as an order of court duly made and entered; the same
shall be filed in the clerk’s office and properly labeled. Each
board shall have the right from time to time to modify the
sections of roads within the district, assign hands liable to
work in conformity with the provisions of this act, and such
changes, modifications, and assignment of hands shall be re-
ported to court and notice shall be given by the commissioner
of the action of the board to the interested overseers.

8. The commissioner of roads in each district shall as soon
as practicable, make off a list of the difforent overseers, show-
ing the hands assigned to each of.them and the section of
road to be kept in repair by each overseer. He will place
these lists in the hands of a constable of the district or the
sheriff of the county, who shall serve without delay-a copy
on the overseer to whom it is directed, and make return to
the commissioner of the execution.

9. The persons so assigned by the boards of the districts
to work under oversecrs of sections of roads sball work three
days in each year, and eight hours each day, when notified
so to do by the overseer or by any one authorized by him; and
if any onc so notified fail to attend in person or by an able-
bodied substitute upon the day he is warned to work, or when
any hand fails to do a good and fair day’s work, the overseer
shall lay off on the section so much work to be done by the
absent hand or hands, or the hand failing to do a good
and reasonable day’s work, as may be just and fair; and if
the work thus laid off shall be done within ten days from
the time such hand or hands were notified to work, then no
liability shall rest upon such hand or bands.

10. Each overseer of roads shall cause the roads under his
charge to be kept clear and smoothe, free from loose rocks,
from gates unlawfully kept up, and other unlawful obstruc-
ons, Of the required width, well drained, and otherwise in
ood condition, and secure from the falling of dead timber
1ereon. When necessary and practicablo, a sufficient bridge
nall be made across streams, and a foot-log or bench for the
ccommodation of foot passengers where necessary. And
‘hen the grade on any road exceeds five degrees, it shall be
ut on a new location, or cut down to this degree, as may be
eemed most expedient by the board of the district, who
ball determine the same.

11. If the work prescribed to cach hand under section nine
f this act shall prove insufficient to put and keep the road
nder any overseer in the condition required by the preced-
ge section, then the overscer of such section shall require
he hands assigned to him to work until his section is in con-
ition; and for every day's work of nine hours’ labor of any
and over three day’s work required by section nine, such
and shall be entitled to a compensation of sixty cents for
ach day; but any hand who shall fail to do a good and rea-
onable day’s work, shall be discharged by the overscer, and
thers may be employed by the overseer in place of such dis-
‘-harged bands.

12. The overseers of roads shall require the work to be
lone by the hands under their charge, to be done between
he first of April and the first. of October in each year. But
f any obstruction occur on any road between the first of
Uetober and the first of April, it shall be removed as soon as
practicable.

13. Any overscer tailing to have the section of road under
his charge in the condition required by section ten of this
act on or after the first day of October next after his appoint-
ment, shall be liable to an indictment, and for his failure shall
be fined not sess than five dollars, and tor every thirty days
after he is convicted on such indictment, which such failure
shall continue, shall be a new offence, which will subject such
overseer to another indiciment.

14. Any hand failing to attend to work, or failing to do
reasonable work, when notified to do so, by his overseer or
agent under the foregoing sections, and failing for ten days
thereafter to do the work assigned to be done by his over-
seer as provided by section nine, shall be subject to a fine of
eighty cents for each day which be should have worked and
failed to do so.

Ib, Kach overseer sball keep a record of the work done by
each of his hands, and when such work was done, and when
any hand fails to do the work which he should have done, he
shall report the fact, and the number of days of his failure,

He shall also keep a record of the work of any band entitled
to pay under the provisions of this act; also an account of
the work of hired teams, and return such reports to the com-
missioner of roads of’ his district, verified by atlidavit, by the
first day of October in each year next after the work is done.
And such report shall be prima facie evidence of the matters
therein stated.
16. Whenever it appears to any commissioner from the
reports filed with him by the overseers of roads in his district
that there is lability on any hand in his district, he shall
make off an account in the name of the district board against
such person, showing the amount of the claim, and place it
in the hands of a constable for collection, who shall collect
the same as Other small claims, and when judgment is ren-
dered against any one on such claim, and the same remains
unpaid for sixty days thereafter, the constable shall return
the judgment to the clerk’s office of the county court, and
the same proceedings shall be taken thereon as if it were a
judgment of the commonwealth rendered upon an indict-
ment.

17. All fines collected for the delinquency of hands shall
be paid to the commissioner of roads of the district whose
board obtained the judgment, and the same shall be expended
on the roads in such district.

18. When it becomes necessary for overseers on sections
to have a team, wagon, plow, or other implements to work
on the road, the board of the district may authorize such
overseer to hire the same on the best terms he can, so that
for a driver and yoke of oxen he shall not pay more than
one dollar and fifty cents, and for a team of horses or mules
and wagon he shall not contract to pay more than two dol-
lars. An account for such services shall be made off by the
person to whom it is due, verified on oath, and when ap-
proved by the board of the district the same shall be allowed
as other expenses.

19. When it becomes necessary to take from lands, stone,
gravel, and such like material, to make or put a road in good
condition, or timber to make or repair a bridge, or for other
necessary purposes, and the owner objects to such things
being taken, the overseer of the road shall notify the com-
missioner of his district, who shall immediately convene the
board. They shall inspect the road, and if they deem such
material necessary, the same shall be condemned for the use
and purposes aforesaid. If the owner claims damages, the
same shall be assessed by the board and paid as other expen-
ses are paid; but if the owner is dissatisfied with the assess-
ment, he may appeal to the county court witbin ten days
from the time of the assessment; he shall notify the commis-
sioner of the board that he desires an appeal. The commis-
sioner shall endorse the appeal desired on the assessment
made, and send the papers to the next term of the county
court. Itshall try the case as other appeals are tried, and
its judgment shall be final.

20. When it becomes necessary to drain a road, the over-
seer shall have the right and privilege to dig a ditch through
the adjacent lands for this purpose, but such ditch shall be
made when practicable where the least injury will result to
the owner of such lands.

21. When an alteration and change in the location of
road is deemed expedient by an overseer or by the commia-
sioner of roads, such commissioner when desired to do so by
an overseer, or when he deems it proper so to do, shall notify
the board of the district. They shall view the proposed
changes, and if it is deemed proper by the board that the
change in the road be made, and the owner of the land
through which the proposed change to be made consents
thereto, the change will be made by the board, who shall
make a report of such change, with a plot and diagram, to
the county court. If any damage results to the owner of
the land through which it is made, the board shall assess the
same, anda levy shall be made therefor. But if the owner
of the land objects to such change being made, the board
shall nevertheless make tho change, if deemed proper and
expedient, and assess the damages to the owner, who shall
be entitled to an appeal to the county court; and on bis ap-
plication for such an appeal to the commissioner of the board,
who shall transmit the papers to the court at its next term,
the views of the board shall be set forth, with a report and
diagram; and the same shall be heard by the county court,
whose action shall be final, and costs awarded as may seem
to it just and proper. And when any change is made, the
overseer shall be notified thereof.

22. When a bridge or causeway is necessary between two
districts, the court of the county may on its motion, or on
the application of any one, let such work to contract, and
order the expenses to be paid ratably by the districts or by
the county, as may seem most just; and whena bridge across
a stream within a district should be built or repaired, or
otber work on a road of an unusual character to be done,
upon tho application of the board of such district the court
may, if it sees that the building of such bridge or other work
is too onerous on the district, order tbat a levy be laid in the
county for such an amount as may scem to it just and fair to
be expended on such bridge or work.

23. When it becomes necessary in the opinion of the board
of any district, that the overseer of any section of road
within such district should havea sledge-hammer, drill, or
other necessary implement to work his road, or to have pow-
der or fuse for blasting, the same shall be furnished on the
order of the board by the commissioner of the road district,
and tho costs shall be paid by the district.

24. When a water course runs across any road for the
benctit of anyone, such person shall keep a good bridge across
the same, at least twelve feet in width, and with substantial
railing on each side, when deemed necessary by the district
board. The water course shall be kept by the beneficiary
thereof in such condition as not to injure the road nor impede
travel; if he fails to do so, he will be liable to be indicted,
and on conviction shall be fined not less than five dollars, and
on second conviction such water course may be viewed as a
nuisance and abated by an order of the county court upon a
rule or other duc proceeding.

25. Persons appointed by the county court to constitute a
road board, and overseers of sections appointed by the road
boards, shall be compelled to act unless released by the
county court for cause shown. But if any person is appointed
on any road board or as overseer of sections, who would not
be liable to work on roads, such person shall not be compelled
to act, and any one who discharges his duties for two con-
secutive years, may resign, and shall not be compelled to
serve again for a period of four years.

26. The county court may at any time, for cause shown,
remove any member ofa road board, and the board of any
road district, for good cause, may at any time remove an
overseer of such district.

27. When a vacancy occurs from any cause in a road
board, the same sball be filled by the county court in the
same manner as an original appointment; and if from any
cause there is no overscer of a section of road, the same shall
be filled by appointment by the board of such district.

28. The commissioner of roads in the several districts shall
convene the other members of the board whenever it becomes
necessary to do anything by their joint action.

29. The commissioners of roads in the several districts
shall inspect the roads thereof yearly, beginning on the first
day of October, and make report to the court at the next
November term of the condition of cach section, and if he
finds any section not to be in the condition required by the
tenth section of this act, he shall state the fact and the name
of the overseer in default. The attorney for the common-
wealth shall examine the several reports, and when he finds
any overseer in default, he shall lay the matter before the
grand jury; such reports shall be prima facie evidence of the
matters therein stated.

30. The commissioner of roads in each district shall lay
before the supervisors of the county, at their annual meeting
next immediately preceeding the laying of the county levy,
the reports of the several overseers of his district; he will
also show the amount of fines received by him, and whether
or how he has disbursed the same; he will also show the
amount necessary to be raised to pay off the expenses of the
roads in his district, and ta whom and for what it is due,
and if it appears just and correct, a levy shall be laid therefor.

31. Each commissioner of the several road boards shall be
entitled to reccive a compensation for his services of one dol-
lar and fifty cents per day: provided that no one shall re-
ceive moro than thirty dollars in ‘any one year. The other
members of the roud boards shall each receive one dollar per
day for his services, and each overseer of sections shall
receive one dollar per day for his services, their respective
accounts to be verified by affidavit; but the commissioners
and overseers shall not be entitled to receive the compensa-
tion herein allowed until they respectively make the reports
required under this act—the reports to be made by the com-
missioners to be shown by the certificate of the common-
wealth’s attorney, and the reports of the overseers to be
shown by the certificate of the commissioner of the district
board to whom the report should have been made.

32. Each commissioner shall also be entitled to receive ten
per centum out of the fines which be may collect under this
act as a compensation for receiving and disbursing; but be-
fore he receives any fine he shall execute a bond with good
security, payable to the commonwealth in the penalty of two
hundred dollars, conditioned to account for and pay over all
moneys which may come to his hands under this act.

33. Any member of a road board, overseer of sections,
constable, or sheriff failing to perform any duty prescribed
under this act, may be summarily proceeded against by the
county court of the county, and on service of a rule against
the person for such failure, may, on bearing, be fined not ex-
ceeding twenty dollars for such failure of duty. Any such
rule may be made by the court on its own motion or on the
suggestion of the commonwealth’s attorney for the county,
who shall prosecute such rule, and the case may be heard and
determined at any term of the said court. The common-
wealth’s attorney shall be entitled to a fee to be taxed against
the party on conviction, of two dollars and fifty cents. But
when a party is proceeded against on a rule, he shall not
thereafter be liable to an indictment for the same offence.

34. New roads shall be established and made in the man-
ner prescribed by the existing general road law, and the
hands to make the same shall be designated by the county
court; but no hand shall be compelled to work on any new
road more than four days in any year.

35. It shall be the duty of the county court to have a copy
of this act printed, and to have a copy furnished to each
member of the road boards and one to each overseer of sec-
tions.

36. The commissioners of the revenue shall report the
magisterial districts in which a tax-payer resides and in which
real estate is situated, so that levies for road purposes under
this act-can be property made against the district. °

37. All laws in conflict with this act are hereby repealed.