Chap. 57.—An ACT to provide for the working and keeping in order
the roads of Appomattox county.

Approved April 6, 1887.

1. Be it enacted by the general assembly of Virginia, That
when in the opinion of the county court of Appom: tox, 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 frecholders of the county, whose duty it
shall be to examine stich roads or routes and report upon the
expediency of altering the location or grade of any existing
road, or of establishing any new road, or of repairing or buiid.
ing any bridge, or may direct them to lay off any road at any
such grade as it may prescribe.

2. Every road shall be thirty feet wide, and the wpa of
no road, hereafter located, shall exceed tive dewrees, at any
one point, unless the county court order a different width or
different grade,

3. When any person applies to the court of said county to
have a road or Janding 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 com-
missioners, or three or more Viewers to review the ground
and report to the court the conveniences and mconvenicnces
that will result as well to individuals as to the publie if such
road or landing shall be as proposed, and especially whether
any yard, garden, orchard, or any part thereof will in such

‘ase have to be taken.

4. The commissioner or viewers acting either under the
preceding or the first section, shall particularly report the
frets 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 tor 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 commissioner 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 ser-
veyor, he shall procure one if necessary.

5. Upon the report, unless the opinion of the court be

against establising or altering the road or landing, it shall
award process to summon the propriotors or tenants of the
lands on which it will be established to show cause against
the same. The summons shall be exceuted on such of them
as are in the county, and on any avent or attorney of any
proprietor not within the same; and if there be no proprictor,
tenant, agent, or attorney of any proprictor known to the
court residing within this State, or if the true owner or pro-
prictor 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 cnouch betore it to fix upon a just compensation to
the proprictors and tenants, and they are willing to accept
what it deems just, it may determine the matter without fur-
ther proceedings.

7 But if any tenant or proprietor desires it, or if the court.
see cause for so doing, it shallappoint five disinter ested 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 not be given to one presentat 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
CAUSC ve new n against the report, the same shall be con-
firmed ; if, however, good cause be shown against the same,
or if tle commissioners re port their disagreement, or if they
fail to report within a reasonable time, the court may, as
often as it seems to it proper, appoint other commissioners,
and the matter shall be proceeded in as before described, and

in the cause of a road, the said commissioners shall also ascer-

tain and report to Cuaurt 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 vonvenience it is desired,

8. When the records show that the sum allowed by the
commissioners a8 Compensation to any proprietor or tenant
is not more than the court, before making the order appoint-
ing such COMMISSIONS, hi id consented to allow him, such
proprictor or tenant shull be adjudged to pay the cost ocea-
bioned by such order. .

9. 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 con-
sent of the proprietor thereof, or through the lands of any
cemetery, or through the lands of anv 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
proprictors 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, how-
ever, that when it shall appear to the court that the opening
and establishment or alteration of such road or Innding will
be for mere private convenience, then the court may order
the opening and establishment or alteration of such road or
landing upon the condition of such applicants paving, in
whole or in part, the compensation to the proprictors or
tenants, the costs of the proceedings, and keeping in order
said road or landing; the said roud or landing not to be
opened and established or altered until such compensation
and costs shall have been first paid, or the written consent of
the proprictors or tenants given. When the court decides in
favor of establishing or altering any road or landing, or
building or repairing any bridge, or shall make any allow-
ance under any provision of this act where the eross expen-
ditures with which the county will be charge: ible will in any
case exceed thirty dollars, before ordering the road, landing,
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, deter-
mine 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 bas acted, 1t shall cause its action to be certified
to the court, and if two-thirds of the said board are not
opposed to the expenditure, the court shall direct the work
to proceed; and if two-thirds shall vote avainst expenditure,
the court shall not direct the work to be done.

11. A statement in writing of the number of days each
commissioner 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 tbe 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, viowers, 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
thereot.

13. When any road is altered, it shall be discontinued to
the extent of such alteration, and no further. <Any person
may apply to have a county road or landing discontinued,
after posting notice of the mtended application on the tirst
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 neigh-
borhood. The county court, at the next term after that at
which notice may have been so published, shall appoint three
or more Commissioners or Viewers, to view such road or
landing, and report, in writing, whether in their opinion aay,
and ifany, What inconvenience would result from discontinu-
ing the same. Upon the said report and other evidence, if
any, the county court may discontinue such road or landirg,
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, anda
notice of such application shall be forthwith posted at tae
door of the courthouse and at two public places near where
the gates are proposed to be erected. Lf it appears at the
next term that the notice has been duly posted at least
twenty days, the court may upon evidences, if any, permit
such erection, But the gates erected shall be discontinued
whenever the court may so direct, atter like notice of twenty
days.

15. If it be su¢cested 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 pro-
cess executed, shall determine whether there ought to besuch
discontinuance or not. If thee court adjudge that the gate
shall be removed, the surveyor of the road precinct shall
abate such pate at such time as the court may order: pro-
vided, such person shall have the right of appeal to the circuit
court.

16. The owner or occupier of every dam shall, so far as a
road passes 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 around the dam, and shall erect. and
keep in good order a strong railing on both sides of such
bride or dam, unless such railing be dispensed with by the
county court. If he fail to comply with this section, he shall

ay a fine for every twenty-four hours’ failure of two dollars,
but the fine shall not, in any one prosecution, exceed tifty
dollars; and where a mill dam is carried aw ay or destroyed,
the owner or occupier thereof shall not be thencetorth subject
to such fine until one month atter the mill sball have been
put into operation.
17. The court of said county, before or at the June term,
eohteen hundred and cichty-seven, thereof, shall divide into
pvecinets all the county roads, and assion to each precinct the
hands to work on the roads therein, and it shall at the same
tine appoint a surveyor or overseer for each precinct, who
shall hold bis office for two years from the first day of July
folowing his appointment, and until another be appointed in
hisstead. The clerk of the court shall, upon such appoint-
merit, issue a writ to the sheriff commanding him to give In-
fornation thereof to the person so appointed, which writ the
sheif shall execute and return to the court at the succeeding
tern. The clerk shall, moreover, annually, at his Mareh
cowt, publish at the door of the courthouse, a list of the pre-
cimts and of the names of the overseers. Any clerk or sheriff
faiing in such duty shall torteit theretor tive dollars: provided,
tht whenever a survevor or overseerso appointed shall move
fren the precinct where appointed, his office of surveyor or
ovrseer shall be vacated; and if any vacancy occurs at any
tire from any cause. it shall be filled by the court at any
tem thereof.

i8. Any person, after being surveyor or overseer tor two
yars, may give up his office if his road be in good order, and
shill not within two vears thereatter be appointed surveyor
0 overseer without his consent.

19, Every such surveyor or overseer shall superintend the

pads in his precinet; he shall cause the same to be kept clear
nd smooth, free of rocks and obstructions, of necessary width,
ell drained, and otherwise in good order, and secure from the
alling of dead timber therein; he shall cause to be placed at
he fork or crossing of every road a sign-board, painted white,
yn which shall be stated,in plain black letters, the most noted
place to which cach. road leads; and across every stream
where it is necessary and practicable, a sufficient. bridge,
bench, or low for the accommodation of toot 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 conve-
nient. Every bride or causeway in his precinct shall be
kept by him inas good order &s the means in his power will
permit.

20. The county court of said county, upon the motion of
any road survevor in any magisterial district therein, or
whenever in the opinion of the judyve thereof, a necessity
therefor exists, shall appoint three discreet frecholders from
such district. whose duty it shall be to lay off, alter, or rear-
ranve 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 tiled tor exceptions, and at the next term of
said court, any person who thinks himself averieved thereby
may appear. and for ood cause shown, have the same altered
or amended, otherwise it shall stand confirmed. Said com-
missioners shall receive each one dollar per day for their
services, payable out of the county levy.
21. All male persons in each county shall be compelled,
under the supervision and direction of the road surveyor of
their respective precincts, to work two days in every year
upon some public road in their respective precincts, not mors
than four miles from their place of residence, with the follov-
ing exceptions, namely: ministers of the gospel regularly ard
actually in charge of a congregation, persons under eightee,
and over sixty years of age, persons who reside in a tovn
that provides for its own poor, and that keeps its streetsin
order, and any person who has lost an arm ora leg, and ay
other person otherwise disabled, who may for that cause de
exempted by the certificate of the county court, or a Justics
court of two justices.

22. Every person required to work on public roads slull
either in person or by a sufficient substitute, when notitid
by the proper surveyor, attend with proper tools and wor
the road on such days as the surveyor may direct; and tk
road surveyor shall, as far as possible, consistant with Is
duty under this act, consult the convenicuce of the bands 1
his road precinet, as to the days on which they shall be sur
moned to work. For every day on which there may bes
failure, seventy-five cents shall be paid to the surveyo
within thirty days thereafter by the person in default, if
person of full age, or if he be an infant, by his parent ce)
guardian. If the money be not paid to the survevor withi
the time above specified, he shall make out a ticket againsi
such delinquent party for the amount of said fine, with an
addition of ten per centuim 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, ap-
ply 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 manner as for taxes and county levies. He shall
account to the surveyor for all fines collected by him, divid-
ing the costs collected equally with the surveyor, and shall
return to the clerk of the county court, annually, at the
March term, a list of ail fines so collected, with the names of
the surveyors to whom the same have been paid. Said clerk
shall Jabel and file the same in his office.

23. If the surveyor of any road precinct is unable with
the means and Jabor at his disposal, to keep in good order bis
road precinct or any portion thereof, he may apply to the
county court of bis said county, who may authorize him to
hire as many laborers as will suftice to keep his precinet 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 purchase such ma-
terial, tools or implements as may be necessary to facilitate
or economize the work in his precinct; and if, in the judg-
ment of said county court, the same should be necessary, it
may authorize said surveyor to let to contract any portion of
his road precinct. The surveyor 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 ex-
pense of placing and keeping sign boards, as before men-
tioned, 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 conve-
nient lands so much wood, stone, gravel or earth as may be
necessary to be used in constructing or repairing such road,
or any bridge or causeway thereon; and may for the purpose
of draining the road, cause a ditch to be cut through any
lands adjoining the same: provided such wood and other arti-
cles 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 Jands shall think
himsclf injured thereby, a justice, upon application to bim,
shall issue a warrant to three freeholders, requiring them to
view the said lands, and ascertain what is a just compensa-
tion to such owner or tenant for the damage to him by rea-
son of anything done under the preceding section. The said
treeholders, after being sworn, shall accordingly ascertain
such compensation, and report the same to the board of super-
visors, and an allowance 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 county
court at the June term thereof in each year, an exact account,
verified 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 money,
if any, remaining in bis hands unexpended. He shall apply
any balance so remaining, 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 pre-
cinct 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 road 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 one dollar per day tor the time actually
emploved in summoning hands to work on the 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 conviction thereof, pay a
fine of not l@ss than five nor more than thirty dollars.

20. 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 court of said county may notify the court of any
adjoining county, that a road is necessary from the line of
the former to a place in the latter, or that a bridge or cause-
Way Is necessary over a place hetween the two countigs. If
the court. to which such notification is sent concur In this
opinion, it shall in the former case proceed in like manner as
when a person applies to have a road established, and in the
latter it shall appoint three commissioners to meet at such
place between the two counties on a certain day, and agree
with commissioners of the other court as to the manner and
conditions of doing the work; upon this order being com-
municated to the former court, it shall make a similar ap-
pointment. The persons so appointed. shall after such con-
ference, report the result thereot to the courts by which they
are respectively appointed. Upon such report being made,

each of the courts shall direct the same or any other commis-
sioners, not exceeding three tor each county, to unite with
commissioners of the other courts in ree eiving 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.

31. It 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 circuit court of the county whose court is complained ot
on behalf 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 commissioners of either county that it would be equi-

table for the two counties to bear ratably the expense of said
bridge, the county courts of said countics may agree upon an
equitable division 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 bear evidence and determine
first, whether the bridge is needed, and secondly, in what
manner the expense thereof should be equitably divided
between the counties.

32. The commissioners to receive proposals for any work
to be let to contract under this act shall publish notice in
some newspaper for four weeks, or at the front door of the
courthouse, 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
tirst 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 dcter-
mine on.

33. The proposals which may be received, shall all be re-
turned to the court or courts, as the case may be, which shall
determine whether any, and if any, which of the said pro-
posals 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.

34. 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 ratitying such contract, the same shall be binding upon
the contractor and the county or counties; so soon as the
contractor gives bond, with sufficient sureties, to be approved
by the court, and in a penalty at least double the amount
which he is to reeeive under the contract, payable to the
county or counties, with condition tor the faithful performance
of such contract, such bond shall be taken by the comnis-
sioner and returned to 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 may appoint
one ormore commissioners to superintend the work contracted
for, and make such allowances therefor as it may deem reason-
able, which sball be chargeable on the county 5 and no person
appointed a commissioner, under the order for such contract,
shall become an undertaker tor the work, either directly or
indirectly.

35. Any person owning land upon a water course in said
county may ercct a wharf on the same, or a pieror bulkhead
in such water course opposite bis land, so that the navigation
be not obstructed thereby, and so that sach wharf, pier, or
bulkhead shall not otherwise injure the private rights of any

erson; but the court of the said county, atter 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 obstructs the navigation of the water course, or
so cncroaches on any public Janding as to prevent the free use
thereof, may abate the same.
id

36. It shall he 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
first been obtained.

37. It shall be lawful for the board of supervisors of said
county, upen the petition of twenty-five freeholders from any
mi agisterial 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 appled to the whole county,

or any magisterial district thereof: provided, that no citizen
shall be compelled to labor more than two days in any one
year; nor shall any tax greater then five cents on the one
hundred 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.

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

39. The board of supervisors of said county are hereby
authorized and empowered to transfer and pass to the general
county levy any balance or balances that shall remain to the
eredit of any magisterial district in the said county, arising
from the district tax for road purposes under the law now in
force.

40. All acts and parts of acts now in force in the county of
Appomattox, inconsistent with the provisions of this act, are
hereby repealed : provided, the road surveyors now in office
in said county shall continue therein until their several terms
expire under the law now in force.

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