Chap. 393.—An ACT for working and repairing the public roads of
Grayson and Patrick counties.

Approved May 23, 1887.

1. Be it enacted by the general assembly of Virginia, That
when in the opinion of the county courts of Grayson and
Patrick, it is necessary to examine any of the existing roads
in the county or routes for new roads, with the view of alter-
ing or changing the existing roads, or opening new roads or
routes, building, or repairing wagon bridges, it shall appoint
three frecholders, any two of whom may act, to examine
such roads or routes, the building or repairing any wagon
bridges, and report to court the conveniences and inconve-
niences that will result as well to individuals as to the public,
and especially whether any yard, garden, orchard, or any
part thereof will have to be taken, and such other facta as in
their opinion would be useful in enabling the court to deter-
mine the expediency of altering or establishing such road or
bridge. Said viewers shall report the names of the land
owners on such route, and state which of them, if any, require
compensation, assess the damages, if any claimed, furnish a
diagram of such route, and report the grade of said route,
and report whether in their opinion such route, road, or
bridge should be established.

2. Upon the return of the report of said viowers, unless
the opinio: of the court be against establishing or altering
the road or bridge, the said court will appoint a general over-
seer, whese duty it shall: be to open or alter said road or build
said bridge with such hands as the said court shall allot ne-
cessary to open or alter such road or build such bridge.

3. But if the owner or owners desire it, the said court shall
appoint five disinterested frecholders of the county, any three
of whom may act, to ascertain a just compensation for the
land to be used for such road or bridge. Said commissioners
shall meet on the land of such owners as may be named in
the order of court, at a certain place, on a certain day therein
named or agreed upon by the said commissioners, notice
being given to the owner or proprietor, if not present at the
time of making the order therefor. The commissioners 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
to the county court, and unless good cause be shown against
the report it shall be confirmed.

4. When the records show that the sum allowed by the
commissioners to any owner or proprietor does not exceed
the damage assessed by the original viewers, such owner or
proprietor shall be adjudged to pay the costs occasioned by
such order.

5. No road shall be established through a town lot, burial
ground, seminary of learning, orchard, yard, or garden, with-
out the consent of the owner or proprietor. |
6. When a road is established or altered, the county shall
be chargeable with the compensation, if any, to owners of
lands, and costs, except as mentioned in fourth section of this
act.

7. Said commissioners and viewers acting under the pro-
visions of this act, shall be allowed one dollar per day each
for their services, said account to be made out in writing and
sworn to by said commissioners or reviewers to be paid by
the county.

8. When any roa:l is altered, it shall be discontinued to the
extent of such alteration and no further.

9. The roads shall be divided into precincts by three com-
missioners appointed by the court, any two of whom may
act, and the court shall appoint an overscer or surveyor for
each precinct from among the road hands, to hold his office
until another be appointed in his stead. The clerk shall issue
notice, to be served by the sheriff to all surveyors or over-
seers appointed by said court: provided that whenever an
overscer or surveyor appointed shall remove from the pre-
cinct where appointed, his office shall be deemed vacant, and
the court shall appoint at the next term his successor. Any
person after being surveyor of a precinct for two years, may
give up his office if his road be in good repair.

10. Every such overseer or surveyor shall superintend his
precinct of road, and cause the same to be cleared of rocks
and obstructions, and smoothed, of necessary widtb, well
drained, and otherwise in good order, and secure from the
falling of dead timber thereon. I{e shall cause to be placed
and kept at the fork or crossing of every road, a sign-board,
on which sball be stated in plain letters the most noted place
to which each road leads; and across every stream, where it
is necessary, a sufficient bridge, bench, or log for the accom-
modation of foot passengers.

11. The county court shall, upon motion of any overseer
or surveyor in any magisterial district therein, appoint three
frecholders from such district, whose duty it shall be to lay
off, alter, or rearrange any precinct or precincts therein, and
to allot the hands to work the same; and said commis-
sioners shall report to court in sixty days their action in the
premises. Said commissioners shall receive one dollar per
day cach, for actual services, verified upon oath.

12. All male persons shall be compelled to work some
public road in the county as near as may be to the place of
their residence, with the following exceptions, viz.: Itinerant
ministers, who have no settled residence, persons under six-
teen years old, and over sixty years of age, and any person
who has lost a leg orarm. Any otber persons who are other-
wise disabled may be exempted by the county court upon
producing a certificate, sworn to by a practicing physician,
stating the disability.

13. Every person required to work on a public road shall
either in person or by a sufficient substitute, when notified
by the overseer, attend with such tools and on such days ar
the oyerseer or surveyor may direct. For every day on
which there shall be a failure, seventy-five cents shall be paid
to tho surveyor or overseer within thirty days thereafter by
the person in default, if he be of full age, or if an infant, by
his parent or guardian. Ifthe money be not paid within
thirty days as aforesaid, to the overseer or surveyor, said
overseer or surveyor shall make outa ticket against such delin-
quent for the amount of said fine or fines, and ten per centum
for costs, which ticket he shall put into the hands of' a sheriff
or constable of the county for collection. Said fines to be
collected as taxes and other tines, and paid over to the said
overseer, to be expended on his precinct of road in licu of
other hands not to exceed seventy-five cents per day. Tho
overseer can, if he chooses, allow a delinquent to make up
his time on said precinct of road, provided the delinquent
may in ten days after the ticket goes into the hands of the
officer, have said fine remitted, betore the nearest magistrate
for good cause shown, and due notice given the overseer or
surveyor, but without cost to the overseer.

14. If any overseer or surveyor of a road is unable, with
the means and labor at his disposal, to keep in good order
his precinct of road, he may hire as many hands as is actu-
ally necessary to put and keep said precinct in good order,
and no more, at a price not to exceed seventy-five cents per
day for cach band, and he may also purchase such material,
tools, or implements as may be necessary to facilitate and
economize the work on his precinct. And said tools or im-
plements shall, when not in use, be loaned by said overseer
to any other overseer to be used on his precinct; and each
overseer shall be charged by the county with such tools or
implements for safe-keepiny, said charge to be transferred
from one overscer to another as may be indicated by their
receipts from one to the other. The overseer or surveyor
shall make out an itimized account for materials, tools, and
implements, hire of teams, plows, and so forth, on oath, of
the expenses so incurred, also for putting and keeping sign-
boards, which shall be paid out of the county levy: provided
the county court approve the same as reasonable and just.
Said overseers or surveyors to be governed by a schedule of
prices to be fixed by the board of supervisors and published
or posted for the guidance of all overseers or surveyors in the
county.

15. The surveyor or overseer of any precinct, alteration,
or new road, building, or repairing wagon-bridge, may take
from any convenient lands so much wood, stone, gravel, or
earth as may be necessary to be used in repairing, altering,
or opening now road, building or repairing bridge, and may
for the purpose of draining tho road, cause a ditch or water-
break to be cut through any lands adjoining the same: pro-
vided said ditch be not cut through orinto any yard, gafden,
or cemetery without owner’s consent.

16. Every overseer or surveyor shall zeport to the county
court, at the March term of each year, an exact account,
verified on oath, of all the moneys received and expended by
him by virtue of his office, and how and for what expended ;
and also the number of days’ labor performed OF him and his
hands during the year on his precinct. It shall be the duty
of the clerk of said court to label and file said report after it
has been examined and approved by the said court.

17. The road year shall be construed te begin on the first
day of April of each year. Any overseer of a road who shall
fail to perform any duty required by this act of him, sball
pay a fine of not less than two nor more than five dollars, to

e assessed by the judge of the county court, on proof thereof,
without a good excuse.

18. Thecourt shall have power to assign or allot companies
of hands, under the supervision of a general overseer or sur-
veyor, to open any new road or alteration, building or re-
pairing wagon-bridge herein provided for, or to repair any
precinct of road already opened, whenever necessary 80 to
do, under which order the hands shall in all respects be sub-
ject to the provisions of this act: provided that no citizen
shall be required to work more than four days in any one
year on any new road, alteration, or repair of old road, build-
ing, orrepairing wagon-bridge: and provided further, that
no company or part thereof shall be required to travel more
than five miles: provided further, thut when a company of
hands has once been allotted to open a new road, alter or
repair and old road, said company shall not be reallotted
until the improvement to which said company was first al-
lotted shall have been completed or abandoned.

19. It shall be lawful, and the duty of any citizen of the
county, whenever any precinct of road shall be found out of
order, to notify the overseer of such precinct of the fact that
his road is out of order, whereupon it shall be the duty of
such overseer at once to notify his hands, and have the same
repaired; and if he shall fail to put the same in order in ten
days, said citizen sball, upon due notice thereof, report said
overseer for such failure to the nearest justice of the peace,
who shall, without proof to the contrary, assess a fine of not
less than two nor more than five dollars, and costs. And all
fines assessed by the court or justices of the peace against
overseers of roads, shall be paid either, to the court or the
justice assessing said fine, and if not paid to the court or the
justice at the time assessed, the said court or justice shall
hand said assessment of said fine to any constable or sheriff
to be collected as other fines, and paid into the school fund
of the school district in which said fine shall have been as-
sessed and collected.

20. A gencral overseer, appointed to superintend the build-
ing or repairing of wagon-bridges, in addition to the labor
and means hereinbefore provided, may hire skilled labor ne-
cessary to build or repair said bridge, or buy such material
and tools, or hire teams necessary to complete said work,
said overseer to keep an itemized account, verified upon oath,
which account shall be paid out of the county levy.
21. All acts and parts of acts inconsistent with this act, are
hereby repealed.
22. Thie act shall be in force from its passage.