CHaP. 418.—An ACT to authorize the board of supervisors of
| . Rockingham county to issue new bonds, &c.

Approved March 8, 1890.

Whereas by an act of the general assembly of Virginia,
passed March fourth, eighteen hundred and fifty-three, the
county court of Rockingham was authorized to submit to
the voters of said county the question whether or not said
county should subscribe to the capital stock of the Ma-
nassas Gap railroad; and whereas in the election so held
three-fifths of the votes polled were in favor of said sub-
scription, and the said county court in pursuance of said
act, made a subscription to the amount of one hundred and
fifty thousand dollars, and issued the bonds of said county
therefor, payable in twenty years from the date thereof,
with interest thereon at the rate of six percentum per an-
num; and whereas when said bonds became due and pav-
able the greater part of the principal of said bonds and a
considerable portion of the accrued interest thereon re-
maining unpaid by an act of the general assembly of Vir-
ginia, approved March eighteenth, eighteen hundred and
seventy-one, the board of supervisors for the county of
Rockingham was authorized to issue to the holders of said
bonds in lieu of said bonds and accrued interest thereon,
new bonds with coupons attached to an amount not exceed-
ing one hundred and seventy thousand dollars, to become
due and payable in not less than ten nor more than
twenty years from their date, in pursuance of which said
last mentioned act the board of supervisors of Rocking-
ham county issued bonds becoming due and payable on
the thirteenth day of June, eighteen hundred and ninety-
one; and whereas a considerable portion of the principal
of said last mentioned bonds will remain unpaid at the
date of their maturity; therefore,

1. Be itenacted by the general assembly of Virginia,
That the board of supervisors for the county of Rocking-
ham be, and is hereby, authorized to issue new bonds with
coupons attached to an amount not exceeding one hun-
dred thousand dollars, to provide for the payment of the
principal remaining unpaid upon the aforesaid bonds when
they shall become due on the thirtieth day of June, eigh-
teen hundred and ninety-one; said new bonds to hecome
due and payable at such period or periods as may be
deemed best by said board of supervisors, not to exceed
twenty years from their date, and to bear interest as may
be deemed best by said board, not exceeding six per centum
per annum, payable semi-annually, and the matured cou-
pons shall be received by the authorities of said county
at par in payment of all taxes and any other obligations
due the said county.

2. That the board of supervisors of the said county shall
levy a tax sufficient to pay the annual interest on all
bonds issued under this act, and in such manner as they
deem best provide a sinking fund to be applied solely to
the payment and extinguishment of the bonds issued
under this act, and sufficient to liquidate the same as they
mature, and the said bonds now outstanding and those
issued under this act when redeemed and paid off shall be
cancelled.

3. That executors, administrators, guardians and others
acting as fiduciaries, may invest in the bonds issued under
this act, and the same shall be considered a lawful invest-
ment. ,

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

Chap. 419—An ACT to provide for working and keeping the
public roads in order in Mecklenburg county.

Approved March 3, 1890.

1. Be it enacted by the general assembly of Virginia,
That the several magisterial districts of Mecklenburg
county shall be each a separate road district, and it shall
be the duty of the county court, at its first term after the
passage of this act, and annually thereafter at its Novem-
ber term, to appoint two discreet persons from each magis-
terial district as members of the road board of said dis-
trict, who shall hold their office for the term of one year,
from the first day of January following their appoint-
ment, or until their successors are appointed and quali-
fied: provided, that the term of the commissioners first
appointed under this act shall begin immediately upon
their appointment and qualification, and end on the first
day of January, eighteen hundred and ninety-one. Such
persons shall qualify by taking the oath of office pre-
scribed by the general laws, and if, by reason of death,
resignation, removal, or refusal to serve, a vacancy shall
occur, the county court shall, at its next term succeeding
such vacancy, appoint some suitable person to fill the un-
expired term of the office so vacated: provided, that no
person holding either of the offices of justice of the
peace or overseer of the road shall be appointed a member
of the road board. It shall be the duty of the county
court to designate one of the persons appointed under
this section to be known as the commissioner of roads for
each magisterial district.

2. The supervisor of the magisterial district. and the
two persons appointed under section first shall constitute
a board of road commissioners for said district, the super-
visor as aforesaid to be chairman of said board. They
shall as soon as organized appoint one of their number to
act as clerk, who shal! give bond, to be approved by said
district board, in the penalty of not less than two hun-
dred dollars, conditioned for the faithful performance of
his duties.
3. Said district boards shall meet, each within their
respective districts, as soon as practicable, and if neces-
sary redistrict the roads into sub-districts or adopt the
same as now divided. 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
January succeeding his appointment, or until his succes-
sor is appointed and qualified.

4. There shall be regular meetings of the district board
on the first and fourth Mondays in October of each year.
At the meeting on the first Monday in October the several
overseers of the roads shall make their reports and state-
ments of accounts. The board shall proceed to audit and
settle the same, and, if not completed in one day, ma
adjourn from time to time until all accounts are audited.
Said accounts, when allowed by said district board, shall
be entered up in a book kept for that purpose by the clerk
of said board in the name of each party, amount due, and
properly numbered, and for settlement of same warrants
shall be drawn, number, name, and amount, as above
mentioned, plainly sef out therein, upon the county trea-
surer, signed by said clerk and countersigned by chairman
of said board. At the meeting on the fourth Monday in
October the said board shall appoint the overseers of roads
for the sub-districts within their district for the ensuing
year; shall also select a clerk, each of whom shall qualify
as aforesaid. They shall also at this meeting make an
estimate of the amount of tax necessary to be levied upon
all property, real and personal, of the magisterial district
assessed for the state revenue, to be made from the last
returns of the commissioners of revenue, to pay the
expenses of keeping all the public roads within their dis-
trict in good repair and of such width and condition as
may be required by law, not to exceed fifteen cents on the
one hundred dollars valuation of taxable property, which
estimate they shall require the clerk of said board to lay
before the county board of supervisors at their next meet-
ing. The said district board may also at their meeting on
the fourth Monday in October transact any unfinished!
business from former boards or meetings, and such other
business relating to public roads within their district as
they may deem expedient, not inconsistent with this act.

5. Special meetings of the district board may be called
by the chairman, or any two of its members, for the trans-
action of any business necessary and proper to be done by
the board; and any vacancy in the office of clerk or over-
seer of any sub-district may be filled at any meeting of
the board,

6. All male persons in such sub-districts shall be en-
rolled by the overseer for that district, and compelled to
work on some public road therein two days in each year,
with the following exceptions, namely: persons under
sixteen and over sixty years of age; all ministers of the
gospel ; persons who reside in a town that keeps its streets
in order, and any person who has lost a leg or an arm.
Any other person who is otherwise disabled may be ex-
empted on certificate of the county court of such disa-
bility. <A list of persons so appointed to work on the pub-
lic roads shall be made out in alphabétical order and filed
by the overseer with the clerk of the district board.

7. At such times as the overseer may judge most suita-
ble he shall notify all persons in his sub-district liable to
road duty of the day on which he requires them to work
on the road. Every person liable to road duty shall either
in person -or by an able-bodied substitute, not less than
sixteen years of age, when required by the overseer of his
district, attend with such teams, wagons, carts, scoops, or
other implements, if he have them, and work the roads
on such days (not exceeding two) as the overseer may
direct. The overseer shall keep a strict account of all
credits due any person for service rendered in accordance
with the schedule furnished by the board of supervisors,
and shall give a certificate, when so requested, to any
person entitled thereto showing such credits.

8. For every day on which there may be a failure to
work by any person liable to road duty, one dollar shall be
paid as fine to the overseer of his road district by the per-
gon in default, if a person of full age; or if he be a
minor, by his parents or guardians. The overseer shall
be empowered to discharge any person on his road who
shall be idle, disorderly, or who refuses to obey his orders,
and shall charge him with the loss of such day or days as
in case he had not attended. If the money be not so paid
it shall be recoverable by the overseer, with cost, before a
justice, and said justice shall issue a writ of fieri facias
for the amount and cost, against which no exemption
shall be claimed or allowed, which, when collected, shall
be paid to the said overseer or his successor. Any money
received by an overseer under this section, after payment
of cost, shall be applied to the working of roads within
his district, and shall be accounted for by him to the dis-
trict board.

9. Every overseer shall cause the roads under his charge
to be kept clear and smooth, free from loose stones and
other obstructions, thirty feet wide, unless otherwise or-
dered by the road board, and the hed of the road raised in
the middle and sloped gradually 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 tim-
bers liable to fall in the road to be moved. He shall keep
at the fork or crossing of every road a sign-board, on
which shall be plainly lettered the most notable points to
which each road leads, and across such streams, when it
is necessary and practicable, a sufficient bridge, bench, or
log for the accommodation of foot passengers. He shall
also, if directed by the boards, provide suitable watering
places on the lines of roads under his charge for the ac-
commodation of stock and persons. A1l work required by
this section, except removing obstructions, building and
repairing bridges, shall be done between the first day of
April and the first day of November of each year.

10. Any person causing water to be conveyed into or
across a public road shall place and keep bridges over the
same at his or her expense.

11. Each overseer shall receive for his services such per
diem as may be fixed by the board, not to exceed two dol-
lars per day, for each day actually and necessarily em-
ployed in the discharge of his duty; but no compensation
shall be allowed any overseer whose roads have not been
inspected and approved by the road commissioner of the
magisterial district in which his sub-district is located.
Right, however, is herein reserved to the overseer to appeal
from the decision or action of said road commissioners to
the district board, whereupon the said district board shall
appoint two or more disinterested freeholders to inspect
the road or roads in dispute, and report their action at the
meeting on the fourth Monday in October, the report of
said freeholders to be accepted by all parties as final.

12. At a meeting of the district board on the first
Monday in October the overseer shall render an accurate
account to the board of all fines imposed, collected and
expended by him, and what persons are delinquent, and
for what sums; what pergons are entitled to pay, and how
much, for labor, teams, implements, and materials, and
how much, in his opinion, it will require to keep the roads
in his district in order the ensuing year and make such
improvements as may appear advantageous. Said over-
seer shall have credit in his settlement for all receipts of
constables for fines placed in his hands for collection and
uncollected, and the same shall be charged against his suc-
cessor; but the board may, at any time, credit such overseer
with any fines that may appear insolvent, and which the
overseer may make affidavit have not been collected by him:
provided, that if required by the board, the overseer in any
charge for services rendered by himself or his employees,
hire of his own teams and implements or materials fur-
nished by himself, shall prove the same by affidavits 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 appointed, shall be liable, on present-
ment by the grand jury, to a fine not less than five dol-
lars, nor more than thirty dollars, and may be removed
from office by the board; but any person, after being over-
seer for two consecutive years, may give up his office on
producing a certificate to the board from the road com-
missioners that the roads in his district are in proper
order, and shall not in two years thereafter be appointed
overseer without his consent.

13. If any overseer shall fail to account for any prop-
erty or money in hand belonging to or due said district,
and if he fail to make such settlements as is provided for
in the preceding section, or fail to account for any money
or property placed in his hands, the board shall ascertain
the value or amount of such property or money, and de-
duct the same from his pay.

14. The overseer of any sub-district may take from any
convenient land so much wood, stone, gravel, or earth as
may be necessary to be used in the construction or repair-
ing of such roads, or any 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: pro-
vided, any such wood or other article be not taken from,
any such ditch be not cut through, any lot in a town,
yard, or garden, without the consent of the owner.

15. If any owner or tenant of any such lands shall
think himself injured thereby, a justice, upon application
to him, shall issue a warrant to three freeholders of the
sub-district, requiring them to view the said lands and
ascertain what is a just compensation to such owner or
tenant for the damage to him by reason of anything done
under the preceding section. The said freeholders, after
being sworn, shall accordingly ascertain such compensa-
tion and report the same to the district boards, who shall
allow and audit the same among claims against said
district.

16. The commissioner of roads shall have under his
general supervision all the roads within his road district,
and he shall, before the first Monday in October of each
year, inspect and note the condition of all the roads in
his district, the need of new ones, or alterations in ex-
isting ones, the condition of all bridges, and where new
ones are needed, give the overseer ot each sub-district a
certificate of approval of the work upon their roads, if
their condition justify the same; all of which matters,
with such suggestions as to the future work he may con-
sider advisable, he shall embody in a report to be made
to the board at its meeting on the fourth Monday in Octo-
ber. He shall pass over and inspect the roads in his dis-
trict at least twice during the year; shal] advise or suggest
to the overseers any improvements in the mode or manner
of working them, and shall carefully note any violation of
duty or inefficiency of any road overseer in his district.
He shall receive for his services two dollars per day for the
time actually employed: provided, that the total compen-
sation shall not exceed ten dollars in any one year. Any
commissioner of roads who shall fail to perform any duty
required by this act 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
county court.

17. ‘The members of the board of road commissioners
for each magisterial district shall each receive for their
services two dollars per day for time actually employed:
provided, the total compensation of each shall not exceed
ten dollars for any one year; the road commissioner, how-
ever, to receive in addition to the above his compensation
as set out in the preceding section. The clerk of the board
shall receive reasonable additional compensation for extra
service rendered. Such additional compensation shall be
fixed by the board, subject to the approval by the county
board of supervisors. The allowance to members of the
board of road commissioners and the clerk’s extra com-
pensation shall be audited by said district board among
the claims against said district.

$18. The clerk of the board of road commissioners in
each magisterial district shall forward, as soon as approved
by the board, any and all bonds of the overseer of sub-
district to the clerk of the county board of supervisors.
He shall, before the first Wednesday in November of each
year, make out a statement in writing of all claims against
his said district, audited by the said board, the amount of
each and to whom due, what amount remains collected in
the hands of the overseer, and what amount remains un-
collected of fines; also the amount of road tax required
by said board to be levied upon real and personal property
within his district for the working of and keeping in order
the public roads of said district. This statement shall be
laid before the board of supervisors at their next regular
meeting. The said clerk shall receive no pay for extra
service until the above statement is made as directed.

19. The county board of supervisors, at their regular
annual April meeting, or such adjourned meeting before
the annual levy is closed as they may deem practicable,
shall examine all statements of the district boards laid
before them, having power to correct any errors that may
be found therein, and shall levy such road tax for the en-
suing year upon each magisterial district as the board of
said district may require: provided, said tax does not ex-
ceed the rates set forth in the fourth section of this act in
any one district.

20. The clerk of the county board of supervisors shall
carefully file away and keep with other records of his office
all bonds of road overseers and commissioners and other
papers relating to public roads within the magisterial dis-
trict of his county, that may be delivered to him by the
district boards. He shall furnish the clerk of each dis-
trict board a certified copy of the schedule price adopted
by the county board of supervisors for the hire of laborers,
teams, and so forth,and he shall deliver, on or before the
first day of February of each year, to the commissioner of the
revenue for said county, acertified statement of the amount
of road tax laid by the said board of supervisors upon each
magisterial district.

21. It shall be the duty of the said commissioner of the
revenue, when making his assessment of other taxes, to
extend upon his books, opposite the name of each person
assessed with real or personal property therein, in a sepa-
rate and distinct column, the amount of road tax for
which each is liable, keeping each district separate; and
for this service he shall receive a compensation not exceed-
ing two and one-half per centum of the total amount of
road tax assessed, payable out of the county treasury.

22. The treasurer of said county shall enter said road
tax, assessed as provided in the preceding section, upon
his tax bills, in a separate column, against all persons
liable therefor, and collect the same in such manner as is
provided by law for the collection of other taxes. He shall
also keep a road tax account with each magisterial dis-
trict, and when said taxes are collected shall pay all road
warrants presented to him, signed by the clerk of the dis-
trict board and*‘countersigned by the chairman of said
board, crediting each district with the amount of road tax
collected therein, and charging each district with all road
warrants issued thereon when paid by him; shall also
settle his accounts relating to road tax annually with the
district boards at such time as the said boards may order;
and for this service he shall receive the same rates of per
centum upon the road tax as is now allowed by law for
the colleetion of other taxes.

23. Every petition for a new road, or to lay out, open,
alter or change a public road must first be presented to
the commissioner of roads of the district in which the
road is, who shall endorse thereon his approval or disap-
proval of the same, and his reasons therefor, which peti-
tion and commissioner’s report shall be laid before the
county court to be proceeded in as is now provided in the
general road law of the state.

24. The court shall, however, if the damages assessed
be allowed, order the said damages to be paid by the
magisterial district or districts through which the road
may pass in such proportion as the damages may have
been assessed in the said district, respectively, the view-
ers to be paid the sum of one dollar each per diem for
time actually employed out of the county treasury.
25. In case of a road or a line dividing two magisterial
districts, excepting such as may be otherwise provided for
by special act, the commissioner of roads of the adjoin-
ing district shall divide the said road between such dis-
tricts in such way as will equitably divide the expenses, if
they can agree, and in case they cannot agree the county
board of supervisors shall divide the same, and direct
what part of said road shall be open and kept in repair
by each magisterial district.

26. The county board of supervisors shall adopt an-
nually a schedule, which shall show at what rates each
tax-payer shall have credit for his labor on the public
roads, and for the use of his teams, plows, and other 1m-
plements used thereon: provided, the credit for labor
shall not exceed the rate of seventy-five cents per day for
an able-bodied hand; and, further, that no credit shall
be allowed for the use of any implement the market value
of which does not exceed three dollars. A copy of this
schedule shall be delivered to the clerk of each district
board on or before the first day of February of each year,
and he shall forthwith deliver a copy of same to each road
overseer within his district.

27. All matter not specially provided for by this act
shall be as provided in the general road law of this state
when not in conflict with this act.

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