CHAP. 514.—An ACT defining a lawful fence for Charles City
county.

Approved March 4, 1890.

1. Be it enacted by the general assembly of Virginia,
That for and within the magisterial districts of Tyler and
Harrison, in the county of Charles City, a fence four feet
and one-half feet high, made of three rails, planks, poles, or
wires, the bottom one of which is to be two feet from the
ground, the middle one to be three feet from the ground,
and the top one to be four and a-half feet from the ground,
shall be a lawful fence.

2. This act shall be in force on and after the first day
of April, eighteen hundred and ninety.
CHapP. 515.—An ACT to amend and re-enact sections 956, 963, 967,
978, and 980 of chapter 48 of the code of Virginia, in regard to
ont ae s, &c., as faras the same applies to the county of

e.

Approved March 4, 1890.

1. Be it enacted by the general assembly of Virginia,
That sections nine hundred and fifty-six, nine hundred
and sixty-three, nine hundred and sixty-seven, nine hun-
dred and seventy-eight, and nine hundred and eighty of
chapter forty-three of the code of Virginia of eighteen
hundred and eighty-seven, be amended and re-enacted, as
to Dinwiddie county, so as to read as follows:

8956. When costs of road, and so forth, exceeds thirty
dollars, what court to do; duty of supervisors.— When the
court decides in favor of establishing or altering any road
or landing, or letting to contract the making, improving,
or keeping in order the whole or any part of any road, when
the gross expenditure with which the county will be
chargeable will in any case exceed thirty dollars, before
ordering the road alteration or repair, the court shall ascer-
tain, and by its order determine, the amount of the expen-
diture to be made, and shall certify the same to the board
of supervisors of the county. Said board shall, at its
next meeting, determine, by a recorded vote, whether the
expenditure is deemed proper, and if two-thirds of the
number present shall deem it inexpedient the expendi-
ture shall not be made. So soon as the board has acted
it shall cause its action to be certified to the court, and if
two-thirds of the said board are not opposed to the expen-
diture, the court shall direct the work to proceed, and if
two-thirds shall vote against the expenditure, the court
shall not direct the work to be done. This section shall
not apply to expenditures authorized to be made by the
court under section nine hundred and eighty-seven.

§963. Road surveyors, their appointment and duties.—
The board of supervisors of Dinwiddie county shall
divide each election district in said county into as many
road districts, not exceeding six, as it shall think proper,
assign road hands to the same; and appoint a road sur-
veyor for each district, who shall superintend and direct
the repairs and keeping in order of the county roads and
bridges within his district, in such manner and under
such regulations and restrictions as may be prescribed by
said board.

§967. Pay of road surveyors.—Each road surveyor shall
be entitled to receive one dollar and fifty cents per diem
for the time he is employed in superintending the roads
of his district.

§978. Levy of road tax; how limited, and how col.
lected.—The hoard of supervisors shall annually levy,
along with the county levy, a tax upon the property, real
and personal, assessed for taxation in the several magis-
terial districts of their county, which shall be applied to
working, keeping in order, and repairing the public roads
and bridges in such districts, and the compensation of
the surveyors and supervisors provided for by sections
nine hundred and sixty-seven and nine hundred and sev-
enty-three. Such tax shall not be less than five nor more
than fifteen cents upon every one hundred dollars in value
of such property, and the same shall be collected, accounted
for, and paid out on the warrant of the board as if it
were a county levy, except that the fund collected from
each magisterial district shall be kept separate by the
county treasurer, to be expended in the district in which
it is collected, and a different rate of tax may be pre-
scribed for different districts.

$980. To work when notified; fine for failure; how fine
collected or released; duty of collecting officer.—Every
person liable to road duty shall, either in person or by a
sufficient substitute, when notified by the proper surveyor,
his deputy or agent, attend with proper tools and work the
road on such days as the surveyor, his deputy or agent
shall direct. For every day on which there may be a
failure a fine of seventy-five cents shall be paid to the
surveyor within thirty days thereafter by the person in
default, if of full age, or if an infant by his parent or
guardian. If the fine be not paid the surveyor shall make
out a ticket against the delinquent party for the amount
thereof, with an addition of fifty cents, one half for costs
and the other half to go to the surveyor of roads, which ticket
shall be placed by him in the hands of the constable of
his district or the sheriff of his county for collection:
provided, however, that such delinquent may, after notice
to such surveyor, apply to the county court, or the judge
thereof in vacation, or to the supervisor of his district,
and for good cause shown have said fine remitted; or such
delinquent may, before the ticket goes into the hands of
the constable or sheriff, discharge said fine by labor upon
the roads of bis precinct. The officer having charge of
the collection of such fine may distrain therefor or other-
wise collect the same in the mode prescribed for the col-
lection of taxes and county levies. He shall account to
the surveyor for all fines collected by him, retaining the
cost aforesaid, and return to the board of supervisors at
their February meeting in each year, a list of all fines so
collected, and a list of all delinquents, which list shall be
passed upon by the board, and for such amount thereof as
may not be approved by the board the collecting officer
shall be liable to the surveyor, and forthwith pay the same
to him.

110
$988. When und how judge of the county court mat
appoint bridge commissioners, and contract for buildin:
and repairing bridges and causeways.—The county cour
may appoint three general bridge commissioners, whi
shall: be entitled to receive two dollars per diem for th
time employed by them about bridges, and whenever :
bridge or causeway is necessary, and it is impracticabl
for the surveyor to have it built or repaired out of the dis
trict fund, the judge of said court in vacation may, by ar
order in writing, direct said commissioner or special com
missioners appointed for the purpose to receive proposal:
therefor, and may authorize said commissioners to deter.
mine which, if any, of said proposals shall be accepted
and the contract and bond for the performance of the
same, when approved by said judge, shall be binding upon
the county and be filed in the clerk’s office.

2. This act shall be in force from its passage