CHAP. 638.—Apn ACT to provide for the improvement and work-
ing of the roads of the county of Prince George, and for the
construction and repair of the bridges therein, and to repeal all
other acts in conflict therewith.

Approved March 6, 1800

1. Be it enacted bv the general assembly of Virginia,
That the hoard of supervisors of the county of Prince
George shall have, in the manner hereinafter provided.
the control of the improvement and repairs of the roads
and bridges of the county of Prince George, and of the
construction of the bridges therein, except such bridges
as are required by law to be constructed and kept in re-
pair by the said county of Prince George and adjoining
counties. It shall be the duty of the said board of super-
visors to see that the roads of the said county are kept
cleared, smoothed of rocks and other obstructions, of
necessary width, and that the beds of said roads are raised
in the middle and slope gradually each way to the sides.
well drained. and secure from the falling of dead timber
therein, and otherwise in good order, and that suitable
bridges he constructed and maintained over such streams
and ravines as mav need them; and where the beds of
said roads are encroached upon, it shall notify the person
trespassing, by written notice, to remove the ‘obstruction.
and if the same he not done within ten days, it shall
cause said obstruction to be removed, and may recover the
expense, with cost, before any justice of the peace of said
county. It shall have authority to direct the survevor of
said county to define the boundary of any road therein.
and to alter the grade of any existing road, and to per-
form such other service as in the opinion of the board
may be necessary to carry out the provisions of this act;
for which service the said gurvevors shall receive reason-
able compensation from the said board, payable out of the
road funds. )

2. The said board are authorized and empowered to let
the improvements and repairs to said roads and bridges
to contract; to purchase for the county, or for any one
or more districts of the county, teams and implements,
and hire a force to be operated under its direction, con-
trol, and supervision for said purpose; and for such of
said roads as it may deem practicable to let tocontract, or
improve and repair with the force operated under its direc-
tion, it may lay off said county into road precincts, and
appoint a surveyor for such of the roads therein as it mav
designate, who shall keep the .same in repair as herein-
after directed. Any road surveyor so appointed may he
removed by the said board of supervisors, upon written
notice given to said surveyor, and an opportunity given
to said surveyor pursuant to said notice to appear before
and be heard by said board: provided, said board con-
sider cause for the removal to exist.

3. When said board has determined to let any part of the
said roads or any bridges to contract, it shall be advertised
a reasonable time, and in such manner as it may prescribe,
for proposals, and it shall determine whether any, and if
any, which of the said proposals shall be accepted. The
specifications of the contract shall be such as the board
may prescribe. It shall enter into a contract with the
person whose bid they shall accept, and take from him
bond, with good security, in a penalty double the amount
he is to receive under said contract, conditioned for the
faithful performance of his contract: provided, that no
contract concerning said roads shall be entered into for a
longer time than two years, nor for a less term than one
year.

4. Every road surveyor appointed under this act shall
superintend such of the roads of his precinct as may have
been put under his charge, and see that they are kept in
the condition required by the first section; and across any
stream, where it may be necessary and practicable, a suf-
ficient bridge, bench, or log shall be made for the accom-
modation of foot passengers, and when any more important
bridge or causeway is necessary, and it is practicable for
him to have it made, he shall cause the same to be made
twelve feet broad at the least, and safe and convenient.
Every bridge and causeway in his precinct, under his
charge, shall be kept in good order. For the purpose of
keeping in order the roads of his precinct under his charge,
he shall summon, not oftener than three times a year, all
male persons in his precinct or district subject to road
duty under the provisions of this act, to attend with
proper tools and work the roads of said precinct; but no
person shall be required to work upon said roads more
than three days in any one year; and if such person fail
to attend in person or by sufficient substitute, for each day
of said failure there shall be paid to said surveyor, either
by the person in default, if of full age, or if he be an in-
fant, by his parent or guardian, the sum of one dollar.
If the money be not paid within twenty days after the date
of the summons to work the road, the surveyor shall make
out a ticket against such delinquent party for the amount
of said fine, with an addition of fifty per centum, and place
the said ticket or bill in the hands of a constable or the
treasurer of the said county, respectively, for collection.
The officer having charge of the collection of such fines
may distrain therefor in the same manner as for taxes and
levies. He shall, within sixty days, account to the said
board of supervisors for all fines collected, and shall
receive for his commission twenty per centum of the

t
amount collected, and the said surveyor shall receive for
his services ten per centum of the amount so collected.
No person residing within the bounds of any road precinct
established by the board shall be exempt from road duty
therein by reason of the public road nearest him being
worked bv contract, or by the force operating under the
direction of the board. If the surveyor of any precinct 1s
unable, with the means anid labor at his disposal, to keep
in order the roads of which he is surveyor, the said board
may authorize him to spend such sum as it may deem
reasonable for the purpose of putting the same in good
repair. The said board shall require, upon such day as it
may designate, said surveyors to make such report to it as
is required by the twenty-third and twenty-seventh sec-
tions of the general road law. Each surveyor shall receive
for his compensation the sum of one dollar and fifty cents
foreach day sworn to by him as actually employed, not to
exceed ten days In any one year.

5. All male persons residing in the county of Prince
George shall be compelled to work three days in each vear
on some public road therein, as near as may be to their
residences, with the following exceptions, namely: minis-
ters of the gospel; persons under eighteen and over sixty
vears of age; any person who haa lost a leg or an arm;
also any other person who is otherwise disabled may he
exempt on certificate of the county court of such disa-
hilitv; also any other person who pays a road tax of five
dollars or more per annum upon property in the countv:
also any person who shall pay, before or when first sum-
moned in each year to work on the roads, either to the
county treasurer or to the surveyor of his road district or
precinct, the sum of three dollars, taking a receipt there-
for as the evidence of his exemption from road work for
that vear.

6. The board of supervisors, or any road contractor, or
the survevor of any road, may take from any convenient
lands so much wood, stone, gravel or earth as may be
necessary to be used in constructing, Improving or repair-
ing such road, or anv 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: provided,
such wood and other articles be not taken from, and such
ditch be not cut through, any Jot in a town, yard or garden
without the consent of the owner. For any material or
diteh cut compensation shall be allowed only as provided
in the twenty-sixth section of the general road law.

7. When in the opinion of the board, the public con-
vernience requires the establishment of a road or landing.
it shall eause a map or diagram of the route of such road
or landing to be prepared, and shall cause notice to be
served upon the proprietors and the tenants of the land on
which the same will be established, that it will move the
court of said county, upon some day to be specified in
the notice, to appoint commissioners to ascertain a just
compensation for the land to be used for such road or
landing. Upon the return of the said notice’duly executed
any citizen may appear aud oppose the establishment of
said road or landing; and unless the court, upon hearing tes-
timony shall decide against the establishment of such road
or landing, it shall appoint five disinterested freeholders
of the county, any three of whom may act, for the purpose
of ascertaining a just compensation for the land to be used
for the said road or landing. Said commissioners shall
meet on the land of the proprietors and tenants named in
the order of the court, at a certain place and day therein
also specified, of which notice shal] be given by the sheriff
to such proprietors and tenants, their agents or attorneys,
except only that it need not be given to one presen: at the
time of making the order. Any one or more of the com-
missioners attending on the land aforesaid may adjourn
from time to time until 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, and the proceedings thereinafter to be had
shall conform to the provisions of sections eleven, twelve,
thirteen, fourteen, fifteen and sixteen of chapter fifty-six
of the code of Virginia, edition of eighteen hundred and
seventy-three: provided, that the title for that part of the
land for which compensation is allowed shall not absolutely
vest in said board of supervisors in fee simple, but only a
sufficient right of way shall vest in said board of supervi-
sors. From the action of the court any person feeling
himself aggrieved may appeal of right as under existing
laws, and should the board of supervisors be the appellant
no security shall be required of it. Cases under this sec-
tion shall have precedence over any other civil case upon
the docket, and shall be determined with all convenient
speed. Nothing in this section shall be construed as to
deprive the court of said county from establishing or alter-
ing the roads or landings of the county as now provided
by law.

"8. In executing the provisions of this act the said board
of supervisors shall equalize, as far as practicable, the
work of.improving said roads and bridges among the
several magisterial districts of the county.

9. The members of the board of supervisors and road
surveyor, or any inspector of roads appointed under this
act, for a failure to perform any duty required of them
under this act, shall pay a fine of not less than five nor
more than thirty dollars.

10. The board of supervisors of the county, at its annual
meeting on the fourth Monday in July, shall, for the pur-
poses of this act, embrace in the levy there to be laid a
sum not less than ten nor more than twenty cents on the
one hundred dollars of the value of real and personal
property and income listed for state taxes in said county.
and shal], in addition thereto, set apart for said purpose
the amount derived from the tax imposed upon railroads
for county purposes.

11. That each member of the board of supervisors shall,
in addition to his other duties, inspect the roads in his
district at least three times in each year, in the months of
September, January, and April, between the fifteenth days
of said months and the firat days of the next succeeding
months, and report in writing to the board of supervisors
at the next ensuing meeting thereof the condition of said
roads, and particularly whether, 1n his opinion, contracts
ag to working and repairing said roads are being fulfilled
according to their terms, with such recommendations and
suggestions as in his judgment may be necessary; and
that each member of the board of supervisors, in addi-
tion to the compensation now allowed by law, shall receive
for the service required under this act the sum of two dol-
lars per diem for each day, sworn to by him as actually
employed, not to exceed twenty days in any one year; and
no charge shall be made ky the said supervisors for mile-
age under this act; and the clerk of said board, for such
additional service, shall receive such compensation as the
board may prescribe, not to exceed the sum of one hun-
dred dollars in any one year.

12. That the general road law of this state, except so
far as the same is in conflict with the provisions of this
act, shall be in force in the county of Prince George.

13. All acts and parts of acts in conflict with this act
be, and the same are hereby, repealed.

14. This act shall be in force from and after the first
dav of July, eighteen hundred and ninety.