Chap. 73.—An ACT to amend an act entitled an act for working the
public roads of Fairfax county.

Approved April 28, 1887.

1. Beit enacted by the general assembly of Virginia, That
the present road commissioners and their successors in each
mae! isterial district In Fairfax county, shall constitute a body
politic and corporate, and shall be known as the board of
road commissioners for their respective districts, by which
title they may sue wad be sued, The present commissioners
shall hold office until their successors are elected and qualified.
At the rerular election for district officers to be held on the
fourth Thursday in May, eighteen hundred and eighty-seven,
and every two years there: after, there shall be elected by the
qualitied voters of their district, three commissioners of roads
in each mazisterial district, who shall enter upon their duties
on the first of July following their election, after having
qualitied by taking the usual oath of office before the county
court. Bach board shall organize by selecting a chairman
and clerk from their number, and may hold: meetings when
necessary upon notification of the chairman, and shall meet
at some convenient place in their district on the second Mon-
day in October in cach vear; at which meeting the overseer
of each road district shall make bis report showing: how
much labor and money has been expended by him, w hat fines
have been collected, and how much money will he Necessary
to keep the roads in his district in repair the ensuing year.
Each chairman is authorized to administer all necessary
oaths.

2. Each board shall audit all bills and claims presented
avainst the district. and give orders upon the county treasurer,
sicened hy the chairman “uel clerk for all claims found luc.
They shall determine the amount of taxes, not to exceed
twenty cents on the hundred dollars valuation of real and
personal property, necessary to keep the roads in repair, and
shall report the same to the board of supervisors at their
December meeting. who shall include the same in their recu-
lar levy for county and district purposes, and provided that
the road commissioners of any district may upon the petition
of a majority of the frecholders in any road district increase
the road tax for that road district toa sum not exceeding
thirty cents on the hundred dollars valuation. )

3. Hach board may make such rules as they may deem
necessary to secure the thorough working of the roads, and
shall have general supervision of all roads in such district ;
and in their discretion may let to the lowest responsible
bidder any portion of such roads, taking bond and security
for the faithful performance of such contract. And they may
give specific directions in writing to any overseer as to the
manner of working the roads in “his district, and may pur-
chase such implements as they may deem advantageous for
the working the roads. But no board shall incur any debt.
or draw orders upon the county treasurer in excess of the
amoundts then available for that district.

4. Mach board shall divide their magisterial district into so
many road districts as they may deem convenient and neces-
sarv—the bounds and number of each road district to be
entered ina book to be kept for road purposes; and taey may
alter the boundaries and increase or diminish the number
thereof at any meeting of the board. Un December of each
year they shi all aay ppoint an overseer for each road district. and
shall firnish him within one month thereafter, with a copy of
this act and a book showine the boundaries of his district,
the rate that he may allow for the use Gf teams, plows. and
Other Implements, and the names of all persons entitled to
work the roads, and of all persons charged with a property
tax and the amount thereof. All male persons living in any
road district over twenty-one and under sixty years of are.
except duly licenscd ministers of the gospel, persons who
have lost a leg or an arm, or who may be exempted by order
of the court, shall be required to work upon the public roads
in his district two days in each year,

d The board may remove any overseer for failure to
qualify or neglect of duty, afier reasonable notice for him to
appear before the board, and show cause w hy he should not
he removed, and they may till vacancies at any meeting of
the board. /

6. Bach overseer shall qualify by taking an oath to faith-
fully perform his duties before a justice of the peace or other
officer authorized to administer oaths. or before any member
of the district board, who are hereby authorized to adminis-
ter oaths for this purpose. The ollicer qualitving as over.
seer shall note the fact over his signature in the overseer’s
book,

7 At such time as the overseer shall deem suitable, be
shall give two day's notice of the time and piace of working
to each person entitled to work upon the publie roads. And
it shall be the duty of each person notified, to attend in per-
son, or by an able-bodied substitute mot jess than cighteen
years old, with such tools as may be required, and pertorm
such labor as the overseer shall direct, not to exceed two full
days in each year. And it shall be the duty of the overseer
to add to his list the name of any person who has resided in
the road district fifteen days, which bas been omitted by the
board. Any person so notified who shall fail to appear and
work as required, or shall fail to pay seventy-five cents tor
each day’s failure to the overseer within six days thereafter.
shall be adjudged delinquent, and the overseer shall imme-
diately proceed to collect the same as other fines are collected.
by proceeding before a justice of the peace. All fines col-
lected by an overseer shall be expended by him in his road
district.

8. Each overseer shall cause the roads in his district to be
kept clear of loose rock, of brush, or other obstruction, well
drained, bridges sate and in good order, and shall keep sign
boards at the forks of all roads showing the name of the next
prominent place and the distance thereto, Shall provide
‘proper crossings over each stream for foot passengers. The
roads shall be thirty feet wide, but the road bed may, in the
discretion of the board. be ot less width and fora distance of
ele¢ht hundred and fifty vards from ai villaze or town. the
board may order it to) be opened toa width not exceeding
sixty feet. Chartered roads or turnpikes which are now or
mav be turned over to the county. shall remain the full width
authorized by their charters.

O. Each overseer shall receive two dollars tor each dav
necessarily emploved, except for notitving hands, in lieu of
Which be shall not be required to work the two days. but
his compensation for one vear shall not be more than sixteen
dollars. except for special services required by the board. and
no compensation shall be allowed until he has returned his
book and made the report required by the first section of this
act.

10. All taxes levied under this act shall be assessed by the
commissioners of the revenue, Who shall prior to October first
in each year, furnish the bo: rd of voad Commissioners of each
magisterial district with a copy of their books tor the district.
showing the names of all persons and the amount of property,
real and personal, taxed to, cach. For such services. they
shall receive the same Commissions as allowed tor extending
the county levy, but such commissions shill not be paid) by
the board of supervisors until such copy is furnished each
board of road Commissioners.

11. All taxes levied under this act, shall be Collected and
accounted tor by the county treasurer, who shall receive tor
such service a cominission of three per centum. Te shall
keep an account with cach magisterial district, and shall pay
out all money due such district upon the warrant of the road
board, siened by the chairman and clerk and endorsed by the
bolder thereof, Ie shall notity each board of the amount to
their credit on the first days of May and September of each
year, and shall settle his wecount with each board during the
month of December of cach year, and at such settlement ‘shall
be credited with all moneys properly paid out, with his e¢om-
missions, and with the insulvents as returned according to law.

12. All taxes assessed under this act and returned delin-
quent, shall be a lien upon the property on which assessed.
and when collected shall be credited to the district in which
they were levied.

13. The overseer of any district may take from any con-
venient land, so much wood, stone, gravel, or earth as may
be necessary to be used in constructing or repairing such
roads, brides, or causeways, and may tor “the necessary drain-
ing of any road, cause a ditch to be cut through any land
adjoining the same: provided such materials shall not be
taken from or ditch cut through any lot in a town, yard, or
garden without the consent of the owner.
14. If any owner or tenant of such land be injured thereby,
a justice, upon complaint by the party injured, shall issue
his warrant to three disinterested frecholders of the district,
requiring them to view the said land and ascertain what
would be a just compensation for such damage; such free-
holders shall after being sworn, assess such damage, if any,
and report their award to the board, who shall pay the same.

15. Applications for new roads, landings, and bridges, or
alterations thereof, with all matters not specially provided
for by this act, shall remain under the general road law when
not in conflict with this act, except that it shall in all cases
be the duty of the county court to refer all applications in
reference to roads to the road commissioners of the districts
in which such roads are located.

16. Necessary plank for bridges shall be furnished any
overseer, the bill for the same approved by the road com-
missioner, shall be paid by the board of supervisors out of
the county levy.

17. The road commissioners shall receive a compensation
of two dollars per day for each day necessarily employed, to
be paid out of the county levy by the board of supervisors.
The clerk of the board shall receive rcasonable compensation
for extra services rendered, to be fixed by the board and paid
out of the district road fund: provided the compensation for
any one year paid to road commissioners by the board of
supervisors out of the county levy shall not exceed twenty
dollars each.

18. All acts and parts of acts inconsistent with this act
are hereby repealed.

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