CHAP. 322.—An ACT to provide for the working and repairing of
public roads and bridges in Albemarle county.

Approved February 20, 1892.

1. Be it enacted by the general assembly of Virginia,
That the board of supervisors of Albemarle county shall,
subject to the approval of the county court of said county,
from time to time, divide the said county into not exceed-
ing six road districts, each containing one or more magie-
terial districts, and shall, subject to the approval of said
court, appoint at their annual meeting, on the fourth Mon-
day in July in each year, a road commissioner for each of
said road districts, to hold office for one year, and his term
to begin twenty days after his appointment.

2. Such road commissioners shall, within their respec-
tive road districts, be charged with the duty of supervising
and superintending the working and repairing of public
roads and bridges by the road surveyors and other persons
whose duty it may be to work and keep in repair such
roads and bridges, and he shall examine and direct such
working and repairing, and shall examine and report upon
all the accounts and claims presented to such board or
sourt by such road surveyors or persons working such
roads as aforesaid, and shall, when directed to do so by
3aid court or judge thereof in vacation, superintend and
direct the opening of new roads, or alteration of those in
which changes are made, and the erection or repairing of
bridges; and shall further discharge such other duties in
connection with the working and repairiug of such roads
and bridges within their respective districts as may be
prescribed by said board by and with the approval of said
court, or judge thereof in vacation.

3. The said board may from time to time prescribe such
plans, specifications, and directions as they may deem best
for the working, keeping in order, and repairing the roads
and bridges in the said road districts, and may let to con-
tract the working, repairing, and keeping in order of such
roads and bridges in any one or more of the road districts,
or any part of any of them, subject to such plans, specifi-
cations, and restrictions as said board, with the approval
of the said county court or judge thereof in vacation, may
prescribe, and may assign to any person to whdém any such
contract is let, the statutory labor and hands, who are
properly assignable to the working of any road so let to
contract, with the right to enforce such labor on said road
in the manner prescribed by law, taking from any such
contractor such bond as they may prescribe; and any such
contractor may also be appointed as and hold the position
of special road surveyor as to such roads and for such time
as are embraced in his contract.

4. The judge of said court, in term time or in vacation,
may, by and with the consent of said board, by order or
resolution spread on their minutes, appoint as many spe-
cial road surveyors for any one or more of said road dis-
tricts, or for any portion of any of them, as may be deem-
ed proper, and for such time as may be deemed proper,
who may, under the supervision and direction of said
jadge and of the road commissioner of the district, buy
or hire material, teams, implemente, and tools, hire labor,
and superintend work ordered pursuant to this act; and
said special surveyors shall! in addition have all the pow-
ers and dutiea of, and be subject to all the penalties im-
posed upon, other road surveyors according to law; and
the pay-rolls, accounts, and vouchers of any such special
surveyor shall be by him submitted to the commissioner
of the district in which the work was done or expenditure
was made, and, if approved by such commissioner, shal]
be certified to by him to said judge, who, if he approve the
same, shall order their payment; and the amount of any
moneys to be expended by, or allowed for services to, any
such special surveyors, shall be fixed in advance by the
said board and a fund provided for their payment. Any
road commissioner may act as such special surveyo!
and his accounts as such be settled as aforesaid by th
supervisor of the district in which the work was done an:
the county judge, and their payment ordered by him; an:
such special road surveyor may be removed from offic
at any time by said board of supervisors or said count:
judge.

5. The said road commissioners shall inspect the road:
and bridges within their respective districts and make re
ports on the condition of the same, under oath, to the firs
day of the July and December courts of said county iz
each year, which reports shall also show whether the
road surveyors within their districts have performed thei:
duty upon their respective roads with regard to working
and keeping the same in order, and said reports, if unfa-
vorable to such surveyors, or any of them, shall be laid
before the next grand jury of such court, and shall be evi-
dence upon which such grand jury may make a present-
ment, or find an indictment against any such road surveyor
for neglect,of duty or malfeasance in office; such reports
shall be certified by said court to the said board of super-
visors.

6. Every road surveyor of said county shall be authorized
to appoint a deputy, in whom all the powers and authority
of the principal may be vested.

7. Every person liable to road duty under the general
law shall, either 1n 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
(not exceeding three in any one year) as the surveyor or
his deputy shall direct; for every day in which there ma
be a failure so to attend and work seventy-five cents shail
be paid to the surveyor within thirty days thereafter by
the person in default, if of age, or if he be an infant, by
his parent or guardian. If the money be-not paid as spe-
cified, the surveyor shall make out a ticket against the
delinquent party for the amount of said fine, with the
addition of thirty-three and one-third per centum for
costs, which ticket shall be placed by him in the hands of
a constable of his magisterial district, or the sheriff of the
county for collection: provided, that such delinquent may,
after notice to such surveyor, apply to the county court or
to the judge thereof in vacation, or to the supervisor
of his district, and for good cause shown, have said fine
remitted. The officer in charge of said tickets may dis-
train therefor upon the same property and in the same
manner as for taxes and county levies, and he shal! pay
over to the surveyor all fines collected by him, retaining
four-fifths of the costs aforesaid, and one-fifth of such
costs shall go to such surveyor.
8. It shall be the duty of every such constable and sher-
iff, when such tickets shall be tendered him by such sur-
veyor, to receive and give him receipt for the same, and
the amount of every such receipt shall be forthwith re-
ported by the surveyor to the road commissioner of his
Jistrict ; and such constable or sheriff shall, during the
month of November in each year, return to the road com-
missioner of the district a list under oath of all such fines
as he may have been unable to collect, which list shall! be
by such commissioner submitted to the supervisor of the
district, and the same, so far as approved by him and by
the said commissioner, shall be returned by them to the
clerk’s office of the county court of said county, on or be-
fore the first Monday in January in each year, and the
amount so approved and returned shall be a credit to said
constable or sheriff on his list. Said constable or sheriff
shall, when he returns such lists to said road commission-
er, also exhibit to him all his receipts for moneys paid
over to such surveyors, and the commissioner shal] pro-
ceed to ascertain what balance, if any, may be due by such
constable or sheriff, after crediting him by his receipts
and his delinquent lists approved as aforesaid. Such bal-
ance shall be recoverable on motion, after ten days’ notice,
in the county court of said county against such constable
or sheriff and his sureties on his official bond, which mo-
tion shall be in the name of the county, and shall be pros-
ecuted by such road commissioner, and it shall be the duty
of the commonwealth’s attorney of the county to conduct
such prosecution and give the proper notice when there-
unto requested by such commissioner. Moneys recovered
upon any such motion shall be received by the said com-
missioner and turned over to the proper road surveyor, to
be expended upon his road, and all moneys received on
account of fines by any such surveyor (less such costs as
he may be entitled to as aforesaid) shall be so expended
by him. For the failure of any such constable or sheriff
to make his delinquent return to, and his annual settle-
ment with, such commissioner as aforesaid, he shall be
fined two dollars per day for each day he continues in de-
fault.

9. Every surveyor of a road not under contract shall be
entitled to compensation at the discretion of the county
court, to be certified by it to the board of supervisors, and
paid out of the road district levy, hereinafter provided for,
in the manner and subject to the conditions hereinafter
provided, not exceeding one dollar per day of ten hours’
work ; but special road surveyors, appointed by the county
court, may, at the discretion of said court, receive com-
pensation to an amount not exceeding two dollars per day
for each day’s work as aforesaid: provided such increased
compensation be first authorized by the said board o:
supervisors.

10. The said road commissioners shall receive compen.
sation for their services at the rate of two dollars per day
for the time during which they shall be actually engaged
in the duties of their office as such commissioners, and
the number of days for which they shall respectively re-
ceive such compensation shall be limited by said board
of supervisors according to the number of days during
which it shall appear each commissioner should be
employed in his district, to be paid out of the road tax
collected in his district; but no such commissioner shal]
receive more than one hundred dollars in any one year;
and if said commissioner shall have served as special sur-
veyor, he shall not be paid twice for the same time em-
ployed in both capacities.

11. Should any such road commissioner act also as spe-
cial surveyor, his work as such surveyoy shall be super-
vised, inspected, and reported on as aforesaid to the July
and November courts by the supervisor of the magisterial
district in which the same is done; and such supervisor
shall receive compensation therefor, and also for the extra
duties imposed upon him by this act, including such meet-
ings as it may be necessary to hold of said board for road
purposes, at the rate of three dollars per day for the time
employed by him, not to exceed, however, fifteen dollars
In any one year.

12. Each road surveyor in said county shall annually,
at a meeting of the board of supervisors to be held for that
purpose on the first Monday in December in each year, or
at such other time in each year as the board of supervis-
ors shall direct, report to them on oath the general condi-
tion of the public roads and bridges in his road precinct,
the amount of money, labor, or both (including also the
hire of teams), expended or performed on said roads and
bridges, and such other matters relative thereto as the
board of supervisors shall suggest or require, and such re-
ports shall be passed on and approved or disapproved in
whole or in part by the road commissioner of the district,
except when such commissioner may himself make the
same as special surveyor, in which case it shall be passed
on and approved or disapproved as aforesaid by the super-
visor of the district where the work was done.

13. Upon such report as is prescribed in the preceding
section, and after the semi-annual reports from the road
commissioners or supervisors hereinbefore required shal]
have been made as to the precinct of a road surveyor and
his account duly certified by the county court or judge
thereof in vacation, and upon the said board of supervis-
ors being satisfied that such road surveyor has fully dis-
szharged his duty, they shall issue proper warrant to him
or the amount to which he may be entitled.

14. Every such road surveyor shal! be Jiable to prosecu-
ion for any neglect of duty or malfeasance in office, and
pon conviction shall be fined in each case not less than
ive nor more than fifty dollars.

15. The clerk of said board of supervisors and of said
-ourt shall receive compensation for the duties he may be
required to perform under this act, to be allowed him by
3aid board, not to exceed fifty dollars in any one year.

16. The said board shall annually levy (along with the
county levy) a tax upon all] the property, rea] and person-
al, assessed for taxation in the several road districts afore-
said, for the working, repairing and keeping in order of the
public roads and bridges under this act, which tax shall
not exceed twenty cents on the hundred dollars of such
property, and such tax shall be laid separately upon each
road district, and may be at different rates in the differ-
ent districts, and of the moneys collected by the county
treasurers in each district a separate account shall be kept
and the same shal] be expended in the district in which
they were collected.

17. When bridges are across streams forming the boun-
dary line of two road districts, the cost of repairing the
same so far as chargeable to the districts shall be borne
equally by them, and such repairs shal] be under the joint
supervision of the road commissioners of the two districts,
except in those cases where the board of supervisors may
with the approval of said judge, in term time or vacation,
prescribe some different rule with regard to such repairs.

18. The judge of said court, in term time or vacation,
may, with the approval of said board, appoint a commis-
sioner of bridges for said county, with such compensation
as may be fixed by said board, who shall have the super-
vision and inspection of the bridges of the county so far
as erected or repaired at the county expense, and perform
such other duties as may be required by the rules and reg-
ulations of said board; and when it shall appear that the
amount needed at one time to put any bridge in repair
will be more than one hundred dollars, the same shall be
ordered and paid for out of the county levy in the mode
prescribed in the general law, unless the said board and
the said judge, in term time or vacation, shall order other-
wise.

19. The teams, tools and implements now belonging to
said county for road purposes may be apportioned ratably
among the several road districts by the county judge, or
he may, with the approval of the board of supervisors,
make such other disposition of them as may be deemed
proper.
20, The provisions of chapter forty-three of the code
of Virginia, of the edition of eighteen hundred and
eighty-seven, in reference to county roads, causeways,
bridges, landings and wharves, shall apply to and be in
force in said county, so far as not inconsistent with the
provisions of this act, and in so far as the matters therein
contained shall not have been otherwise provided for in
this act, except that the sections numbered from nine
hundred and sixty-three to nine hundred and eighty-three,
inclusive, of said chapter, shall not have effect or be in
force in said county; and an act entitled an act to pro-
vide for working and keeping in repair the public roads
of Albemarle county, approved March seventh, eighteen
hundred and eighty-four, and an act to provide for the
working and keeping in order the public roads of Albe-
marle county, approved February nineteenth, eighteen
hundred and eighty-six, are hereby repealed; but all rules
and regulations which may have been adopted by said
board of supervisors under said acts, so far as not in-
consistent with this act, shall continue in force until
modified or annulled by said board; and the present road
commissioners of the said county shall continue in office
until the terms of office of the road commissioners pro-
vided for in the first section of this act shall commence.