CHAP. 94.—An ACT to provide for the working and Keeping in
order the highways in the county of King George.

Approved January 24. 1590.

1. Be it enacted by the general assembly of Virginia,
That the court of King George county shall divide into
precincts all the highways of the said county, to be called
precincts number one, two, three, respectively, and so on;
and shall appoint some good discreet citizen as surveyor
for each precinct, who shall hold his office for two years,
or until his successor has been appointed and qualified.
The clerk of the said court shall issue a writ to the sheriff
commanding him to give information thereof to the per-
sons appointed, which wrif the sheriff shall execute and
return at next term of the court. The clerk shall, more-
over, annually, at the March term of the court, post at the
front door of the court-house, a list of all the precincts
and of the names of surveyors. Any clerk or sheriff
failing to perform such duty as required herein, shall for-
feit ten dollars, to be recovered on their respective official
bonds by motion in the county court after ten days’ notice.

2. Each surveyor before entering upon the duties of his
office shal] take and subscribe the following oath, which
shall be kept among the records of the county court: I do
solemnly swear that I will perform the duties of surveyor
of highways in King George county for precinct number
to the best of my ability, and shall make true return
and reports, as required by this act, so help me God.

3. Any surveyor may be removed by the county court
for neglect of duty, inefficiency, or other good cause; no
surveyor shall be permitted to resign until he has put his
road in good order.

4. Every such surveyor shall superintend the highways
in his precinct, cause the same to be kept cleared,
smoothed of rocks, free from obstructions and mud holes,
and secure from the falling of dead trees; shall keep it
well trimmed of bushes and in all other respects in good
order, and as far as practicable of necessary width. Across
every stream, where it is necessary and practicable, a suf-
ficient bridge or log for the accommodation of foot passen-
gers shall be put. When 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 convenient with proper
guards on each side, which he shall keep up. Every bridge
or causeway in his precinct shall be kept by him in as
good order as the means in his power will permit, and for
these purposes it shall be his duty to require the work of
all persons liable to road service who shall have resided
ten days within his road precinct. Any surveyor who

shall violate any of the provisions of this section shall
© fined not less than ten nor more than twenty-five dol-
ars.

5. Each survevor shall, with his road hands, place and
<eep at the fork of the crossing of every road, a sign board,
on Which shall be stated, in plain letters, the most noted
place to which the roads lead with number of miles. Mak-
ing and lettering of sign boards shall be done by con-
tract. The board of supervisors shall advertise for bids
and let same out to lowest bidder.

6. All male persons in the county subject to the pro-
visions of the next succeeding section shall be compelled
to work on some highway in his precinct, as near as may
be to his place of residence, with the following exceptions,
namely: Ministers of the gospel, persons under twenty-
one and over sixty years of age; any person who has lost
a leg or an arm; any person who is exempted by any ex-
isting law, and any person who is otherwise disqualified,
may be exempted by the county court.

7. Each surveyor shall immediately on his appointment
make out a list of every person in his precinct liable to
work on the highways, and every person so listed shall be
required to work on the highways two days in each year,
either in person or by sufficient substitute, and when noti-
fied by the surveyor, shall attend, with all proper tools,
and work the highways as such surveyor may direct; but
any person who has worked on the highways _ two days in
the year shall not be required to work again without
compensation, as is hereinafter provided. When a per-
son has been summoned to work on the highways, and
shall fail so to do, as required by this act, he shall pay a
fine of seventy-five cents thirty days thereafter. Ifthe
fine be not paid in that time, the surveyor shall make out
a ticket against the delinquent, with twenty-five cents
added, to be paid to the constable for collecting. Such
fine may be relieved, for good cause, by the court; or he
may pay same by working on the highways in his _ pre-
cinct. The officer having charge of the collection of such
fines may distrain therefor, or otherwise collect the same in
the mode prescribed for the collection of taxes. He shal]
account to the treasurer of the county for all fines col-
lected by him, who shall place the same with the fund to
be expended for the benefit of the highways, as herein-
after provided. At the end of every six months after
this act goes into effect, each surveyor shall report to the
county court of his county under oath, the number and
amount of fines »laced by him in the hands of the con-
stable for collection, and if he has placed none in_ the
hands of the constable, he shall also report this fact. The
treasurer, at his annual settlement with the board of
supervisors, shall account forall fines received by him,
and it shall be the duty of its clerk to furnish said board
with the amount of fines reported to the court by the sur-
veyors, as placed in the hands of the constables for col-
lection. The board shall compare this with the account
of the treasurer. If any constabjJe fail to perform any
duty required of him under this section, he shall be fined
not less than twenty nor more than forty dollars. And
any surveyor who shal! fail to perform any duty required
of him under this section, he shall be fined not less than
five nor more than twenty dollars.

8. No person shall be required to work on the highway
twice successively until the surveyor has exhausted his
list by summons, but each person who has worked upon
the highway two days in the year shall, when thereafter
summoned, be paid at the rate of seventy-five cents per
day. The day shall consist of seven hours from the first
day of November to the first day of May, and the rest of
the year shall consist of nine hours. No person shall be
paid for a full day’s work who does not actually work the
required number of hours, but shall be paid only for the
fraction of a day worked.

9. Each surveyor shall keep a record of the name of
each persan who has worked on the highway in his pre-
cinct, the number of days or fractions of a day he hag
worked and the amount and date of certificate given bim,
if any, and shall also keep a list of all kinds of team and
implements and wagons, et cetera, employed ; the names of
the owners and the time the said teams, implements, wag-
ons, et cetera, were actually engaged in work, and also
the amount of certificate given owners for their use. If
any surveyor shall require a form for this record he shall
call upon the attorney for the commonwealth for the
same, who shall make it out for the use of the surveyor
without any extra compensation.

10.. Each surveyor shall, every six months after his ap-
pointment under this act, return to the county court of
his county the record and list required to be kept by the
next preceding section. The court shall swear him to
the correctness of the same, and if necessary shall take
other evidence and such other action as it may deem best.
The said record and list shall be filed with the county
court papers after being properly labeled by the clerk. Any
surveyor who desires to retain a copy of said record shall
apply to the said clerk, who shall forthwith make out
such copy and deliver it to the surveyor without charge.

11. Any surveyor who shall violate any of the provis-
ions of the two preceding sections shall be fined not less
than twenty nor more than fifty dollars, one-half of which
shall go to the informer.

12. The surveyor shall issue to a person entitled to
compensation under this act a certificate in the following
form: “This is to certify that (insert name of laborer)
has worked hours in the month of on highway
number , making days and isentitled to dol-
lars and cents. Given under my hand this day of
eighteen hundred and .’ In case of team, carts,
and so forth, the same form shall be used, making necessary
changes to meet the case. The original holder of this certifi-
cate shall present the same to the county court, who in its
discretion may approve the same, and shall compare this
with the return of the surveyor made under section nine
of this act, or vice versa. After it has been approved by
the court it shall be referred to the board of supervisors
who may, if it is in proper form, issue a warrant for the
same payable out of the proper funds, and hold the certi-
ficate as a voucher among its records. This warrant shall
be receivable for taxes, or cashed at the treasurer’s office
on presentation.

13. The board of supervisors shall from time to time
fix the prices allowed for the use of teams, plows, wagons
and carts, and other implements on the highways and
prepare a schedule thereof; acopy of which shall be deliv-
ered to each surveyor: provided that no price be allowed
for the use of any implement the market value of which
does not exceed one dollar. Uponapplication of surveyor
such tools as may be necessary to keep his highway in
order may be furnished by the board of supervisors if the
levy will be sufficient to justify the expenditure.

14. All fines imposed and collected by virtue of any
prosecution under this act shall with the exception of
_ that part which goes to the informer, be paid over by the
collecting officer to the treasurer of the county, who shall
hold the same, subject to the order of the board of super-
visors, for the use of the highways in the county.

15. The board of supervisors shall at their annual meet-
ing in July, or whenever practicable, set aside for high-
way purposes out of the county levy, not exceeding fifteen
cents on every hundred dollars worth taxable property,
which fund shall be devoted exclusively to highway pur-

ges.

16. All levies made under this act shall be extended by
the commissioner of the revenue upon his books accor-
ding to districts, separate and apart from other levies,
and they shall be collected and accounted for by the county
treasurer asa special fund for highways, and shall be
paid out on order of the board of supervisors.

17. Every surveyor shall be entitled to compensation,
at the discretion of. the court, to be certified by it to the
board of supervisors, and paid out of the levy under this
act, not exceeding one dollar and fifty cents per day for
time actually employed in summoning hands to work the
highways, which time shall be stated in writing with date

of summons, and the names of hands summoned, which
shall be sworn to before the county court. The court shall
call for any other testimony it sees fit. It shall be the
duty of the county court to examine carefully every
account presented under this section, and to approve or
disallow, in whole or in part, as the justice of the case
may require. If approved, it shall be certified to the board
of supervisors for payment out of levy under this act.

18. The surveyor of each precinct shall superintend and
assist in the poling of the highway in his precinct; but
no highway shall be poled without the consent and order
of the county court, and before such order is given the
court shall inquire whether the same is advisable anda
public necessity. If the court decides it to be advisable
anda public necessity, it shall order the work to be done,
stating in the order the number of yards to be poled and
the size of the poles to be used. When the work is com-
pleted the said court, or judge thereof, in vacation, may,
in its discretion, require the supervisor of the district in
which the poling is done, to examine and measure the
game and report whether the work is done in a proper and
efficient manner and in accordance with the order. If so
done the said court shall allow the surveyor not exceeding
ten cents for every lineal yard poled, to be paid out of the
levy made under this act. The surveyor shall purchase at
the lowest possible price the poles as near the place to be
poled as possible. The person from whom the poles are pur-
chased shall present his bill to the county court and the
same shall be paid out of thecounty levy made under this
actif the court deem the charge a just and proper one.

19. No surveyor shal] directly or indirectly be interested
in the purchase of any material for working or mending,
or improving the highways, and for any violation of this.
section shall be fined ten dollars.

20. Each supervisor is hereby constituted a highway
inspector in his magisterial district, and shal! report to
the court, in addition to what may be required of him in
the seventeenth section semi-annually after this act goes
into effect, the general condition of the highways in his
district, the repairs needed, the manner in which the work
has been done, and any other matter pertaining to the
highways the court may require. Each supervisor shall
receive twelve dollars a vear for this service.

21. All expenditures under this act not otherwise herein
provided tor shall be paid by the board of supervisors out
of the levy made under this act. But said board shall
allow no account or claim except upon satisfactory evi-
dence that the same is just and right.

22. Any order of the county court allgwing a claim, and
referred to the board of supervisors for payment out of
the levy made under this act, the said board may reject
in whole, or in part, or allow the same; and the party
aggrieved shall have the right of appeal as now provided
by law.

23. If any surveyor violate any provisions of this act,
the punishment for which is not especially provided for
herein, he shall be fined not less than ten nor more than
twenty dollars.

24. Noinformer under this act shall be marked as prose-
cutor in any prosecution hereunder.

25. Such provisions of the general road law of the
state as are not in conflict with this act shall continue in
force in the county of King George. |

26. Each surveyor shall be furnished with a printed
copy of this act. He shall carefully preserve the same
and deliver it to his successor in office.

27. This act shall not be in force except with the consent
of the board of supervisors and the county court of the
county of King George, which consent of the supervisors
shall be recorded by them in their minutes and that of
the county court in itsminutes. This act may be put in
force whenever they deem it practicable.