Chap. 343.—An ACT to repeal an act.entitled an act to provide
for working and keeping in order the county roads of Botetourt
county, approved March 3, 1890, and to amend and re-enact an
act entitled an act to provide for working and keeping in repair
the public roads of Botetourt, as amended by an act entitled an
act to amend section 26 of an act to provide for working and
Keeping in repair the public roads of Botetourt, approved May

, 1887.

Approved February 20, 1892.

1. Be it enacted by the general assembly of Virginia,
That the act entitled an act to provide for working and
keeping in repair the county rvads of Botetourt county,
approved March third, eighteen hundred and ninety, be,
and the same is hereby, repealed; that the act entitled an
act for working and keeping in repair the public roads of
Botetourt, approved February twenty-sixth, eighteen hun-
dred and eighty-six, and the act entitled an act to amend
section twenty-six of the above-named act, approved May
twelfth, eighteen hundred and eighty-seven, be amended
and re-enacted so as to read as follows:

2. That in the county of Botetourt the public roads and
bridges shall be established, changed, repaired, and kept
in order as follows: The county court of Botetourt shall
appoint a board of six commissioners of roads, two for
each magisterial district, who shall hold office for the term
of two years, and the first term shall commence July first,
eighteen hundred and ninety-two, but the first appointees
under this act shall enter upon the duties of their office
immediately upon receiving the same. The said board
shall be, and is hereby, declared, a body politic and corpo-
rate under the name and style of the board of road com-
missioners of the county of Botetourt, and by such name
may sue and be sued.

3. The said board shall have control of all public roads
and bridges within the county, the disbursing of taxes,
and the directing of all labor imposed for repairing the
roads and bridges and keeping the same in order.

4. Each of the said commissioners shall qualify before
the county court of Botetourt, or the judge thereof in vaca-
tion, by giving bond with approved security in the penalty
of five hundred dollars conditioned for the faithful per-
formance of their duty, and by taking the oath of office,
which shall be recorded by the clerk of said county as the
qualification and bonds of other county officers are re-
corded.

5. The board shall, immediately upon their qualifica-
tion, organize by the election of one of their number as
chairman and another as secretary.

6. Immediately upon their organization under this act
the said board shal! divide each magisterial district of the
county into two sub-districts, and assign one of their
number to each sub-division; they shall carefully exam-
ine all the public roads of the county, but in making said
examination it shall not be necessary that more than two
of them shall go together: provided, that the commis-
sioner of each sub-district shal] examine the roads in his
own sub-district with one other commissioner from
another district; they shall take a note of the public
roads in the county, their character and condition. Upon
such examination the board shall, at least four being pres-
ent, proceed to divide all of the roads of the county into
three classes. The first class shall consist of such roads
as are generally and frequently used by the public, and
highways used in common by several or more neighbor-
hoods; and these shall be called highways. The second
class shall include all roads for neighborhood purposes
and roads leading into the public highways; and these
shall be called county roads. The third-class roads shall
be such as are used by a few individuals, and have been
opened for the use and benefit of said individuals, or for
their farms. The first class, or highways, shall be re-
paired and kept in order by contract or by means of hired
labor, as hereinafter provided. Thesecond class, or county
roads, shall be repaired and kept in order by the labor
hereafter provided, and such appropriations as may be
made to them by the said board. The third class, or pri-
vate roads, shall be kept up by the parties benefited by
said roads, as they may see fit.

7. The road precincts shall remain as now laid out and
described by metes and bounds, until changed by the
road commissioners. The said board shall have power,
and it shall be their duty, to make such changes therein
as they may think proper. The supervisors now in
charge of roads shall continue to discharge their duties,
when this law goes into effect, until their successors
are appointed, and qualify under this act. The road
commissioners shall take charge of and provide for
keeping in repair all first and second-class roads of
the county, and to this end may, at their discretion, be-
tween the fifteenth and twentieth days of May in each
year, or a8 soon thereafter ae practicable, let to contract
the said highways, in such sections as they may prescribe,
at public letting to the lowest bidder, for the term of not
less than one nor more than two years—the said letting
to be made by the two road commissioners of each magis-
terial district as to the highways in said district; and the
said commissioners shall report the same to the board,
which shall have power to reject any and all bids. The
specifications of work to be done upon each section, and
the condition in which the same 1s to be kept, shall be such
as in the judgment of those who have examined the same,
the said highway will require and shall be written out and
made known at the timeof the letting. The board of road
commissioners at their annual June meeting hereinafter
provided for, shall examine the bids made for each sec-
tion, and if no reason appear to the contrary shall confirm
said letting, and the commissioner of the sub-district
shall enter into a written contract with the person to whom
the road, or section, is let, which contract shall be in ac-
cordance with the terms of letting, and in a penalty of not
‘ess than fifty dollars, nor more than double the contract
price and with security to be approved by the board. If
any road or section remains unlet by reason of there be-
ing no bid, or any other reason, the commissioner in whose
sub-district the road or section may be, may take charge
of the said road or section and put and keep it in repair, and
to this end employ teams, hands, and so forth, paying for
the same the customary price for labor in that portion of
the county, and agreed upon by the board. He shall keep
an accurate account of such work and expenses and make
oath to the same, and report it to the board, and, if found
to be correct, the board shall allow the same.

8. If the board shall so elect, they may take charge of
any portion of the highway as classified by them, and re-
pair and improve and work the same with the chain-gang
of the county where one is established, under section twen-
ty-four, chapter eleven, criminal code, acts of assembly
eighteen hundred and seventy-seven and eighteen hundred
and seventy-eight, or the board may, in its discretion, ap-
point an overseer of such portions of a highway as they
may select, and have said portion worked by hiring hands
and teams, and pay the same as other payments are made
under the seventh and twenty-sixth sections of this act.

9. Annually, not later than the first of July, the road
commissioners may appoint overseers for second-clgss
roads if they may think it advisable. The said overseer
shall some in the precinct for which he may be ap-

inted.

10. The duty of the overseer of roads shall be to see that
the roads in his precinct are kept in good repair; that the
bridges and crossings for foot passengers are in safe con-
dition; that the roads are necessary width, well drained,
and free from obstruction; that all dead trees near the
road are cut down, and all loose stones removéd from the
roads; that neat signboards are kept at all forks and cross-
ings of public roads, plainly indicating the most noted
place to which the road leads and the distance thereto.
He shall perform such other duties as may be required by
law.

11. All male persons in said county over eighteen and
under fifty-five years of age, except such as are exempt
by the general road law, shall be compelled to work two
days in each year on some road as near as practicable to
his place of residence, when notified by the road commis-
sioner, overseer, or their agent, such notice being served
upon them in person, or left at their place of residence,
and for failure to work when so notified, shall pay a fine
of seventy-five cents for each day he fails to work (if a
minor his parent or guardian shall be liable) to be paid
to the commissioner, or overseer within thirty days there-
after; not less than ten hours of actual labor shall consti-
tute a day’s work under this act: provided, that residents
of an incorporated town in the county which keeps its
own streets in good order, and provides for its own poor shall
be exempt from the labor required in this section of this
act.

12. Each overseer shall, within forty days after he has
worked the roads in bis precinct, make a report in writing
to the road commissioner of his sub-district, showing
what work was done on his roads; what persons attended
and worked, and how long each worked; what persons
fail to obey his summons and work as required; and if
any such have paid fines to him, the amount he has re-
ceived, and make oath to the same. And he shall pay
the said commissioner the amount so received. The com-
missioner shall make out a ticket against each party so
liable, for the amount of fine aforementioned, with twenty
per centum added thereon for cost of collection, and shall
place said ticket in the hands of a constable, or the sher-
iff of the county, taking his receipt for the same; said
officer shall proceed to collect the same as other fines are
collected, and shall pay the amount so collected, less the
cost of collection, over to the commissioner who holds his
receipt, said amount to be credited to the road fund of
the sub-district in which it is collected.

13. On the first day of June and December of each year,
or as soon thereafter as practicable, the board shall meet
at the court-house and audit all claims against the road
fund of the county, including the accounts of commis-
sioners and overseers, which account shall be verified by
affidavit; and the said board shall draw their warrant,
signed by the chairman and countersigned by the secre-
tary, upon the treasurer of the county, who shall pay the
same out of the treasury. The treasurer of the county
shall furnish the said board, at their said meetings, a
statement of the amount on hand to the credit of the road
fund, and no money shall be paid out of said road fund,
except upon the warrant of the board of road commission-
ers, and the said board shall not. draw warrants for a
greater amount than is in the treasurer’s hand when the
warrants are drawn. Andattheir June meeting the board
shall determine what amount in their judgment will be
necessary _to open new roads, work and keep in repair the
nighways and county roads for the ensuing year: pro-
vided, when the cost of altering or changing a road, or
pening a new road, to be in their judgment too burden-
some to be paid in one year, they may, in their discretion,
provide for the same in not exceeding three annual instal-
ments. They shall certify the amount so ascertained to
the board of supervisors at their annual meeting in July,
and the board of supervisors shall! levy a road tax to meet
the same, not exceeding fifteen cents on the one hundred
dollars’ worth of the real and personal property of the
county, including railroads, to be collected as other county
levies; also a tax on the licenses as adjusted for state
taxes, not exceeding ten per centum of the state tax on
said licenses and said levies, to be made upon all the per-
sons and property liable to other county levies, anything
in the charter of any incorporated town in said county to
the contrary notwithstanding; and in addition thereto,
the board of supervisors shall provide out of the general
levy for the building and keeping in repair all bridges
over ten feet long in said county, the amount necessary
for that purpose to be ascertained by the board of road
commissioners and reported to the board of supervisors,
and the amount so provided is to be expended only on the
bridges over ten feet in length; and the board of road
commissioners shall. keep an accurate account of all its
proceedings in a well-bound book prepared for that pur-

Be.

14. The commissioner of roads shal] have general super-
vision of all roads and bridges in his sub-district. The
overseer of roads in his sub-district shall be under his
authority and subject to his orders, and the commissioner
shall have authority to direct what work shall be done by
the overseer, how the county roads shall be repaired, and
on what part of the precinct labor shall be bestowed; but
in the absence of such directions the overseer shall control
the same. It shall be the duty of the commissioner to see
that all the roads in his district are the proper width, and
in all cases where they are not, to notify the person tres-
passing by written notice, and if the obstructions are not
removed within thirty days he shall direct the contractor
in the highway or the overseer of the precinct to remove
the fencing or other obstruction, and may recover the ex-
penses, with costs, from the trespasser upon a judgment of
a justice of the peace. The commissioner shall examine
all the roads (both highways and county roads) in his sub-
district at least twice in each year in the months of May
and November, and also whenever so requested by not less
than three tax-payers of a precinct. He shall view any
road complained of, and see that the roads and bridges are
kept in good repair by the contractor and overseers, and if
at such times, or at any other time, he shall find any over-
seer or contractor delinquent, he shall give him notice in
writing, and on his failure to comply with the law or his
contract for ten days thereafter, shall make the necessary
repairs of the highways, and enforce payment thereof by
proceeding before a justice of the peace without limit as
to the amount, which recovery shall embrace cost of recov-
ery, including two dollars a day for said commissioner
while attending to said repairs, with the right of appeal to
the county court if the sum recovered exceeds twenty dol-
lars. In case an overseer is delinquent, it shall be the
duty of the commissioner to report the same to the attor-
ney for the commonwealth, who shall cause the commis-
sioner and such other witnesses as may be known to him
to appear before the grand jury to testify in said matter.
Any overseer of a road who shall fail to perform any duty
required of him in this act shal! pay a fine of not less than
five nor more than thirty dollars, which fine shall be paid
by the officer collecting the same into the county treasury,
to be credited to the road fund.

15. But if upon the semi-annual examinations the com-
missioner shall find that such contractor or overseer has
executed his contract, or performed his duty according to
the law and his contract, he shall give him a certificate to
that effect, with a statement showing the amount con-
tractor or overseer is entitled to receive under his contract
for his services.

16. Whenever in the opinion of the commissioners of
roads of a sub-district it is necessary, or whenever a citi-
zen desires to alter, change, or discontinue a public road,
to open a new road, build a bridge, or establish a ferry,
such persons shall apply to the county court for the same,
and the county court shall appoint four of the commis-
sioners of roads (the commissioner of sub-district in which
the change is proposed to be made being one, any three of
whom may act, the said commissioner of the sub-district
being one), to view the ground of any new road, bridge,
landing or ferry, or any proposed change. The county
surveyor or other competent surveyor shall accompany the
viewers, and, if necessary, survey and map the road.

17. Notice of the time and place of the meeting of the
viewers shall be given by the commissioner of the sub-
district, by written or printed notices in the vicinity of the
proposed road, at least five days before the time of meeting.
The viewers shall, on the day named, go upon the ground
and examine the same; they may view and make a report
of any estimate for any modification of the work. If they
decide there is a necessity for the road or change, they
shall lay out the same, having respect for the shortest dis-
tance and best ground, and so as to do the least injury to
private property, and also as far as practicable to be agree-
able to the petitioners. They shall assess the damages
done to the land through which the road passes,-taking
into consideration the advantages to be derived from the
road passing through the land, and shal] report in writing
to the next term of the court the probable amount of dam-
ages, cost of construction, and such facts as will en-
able the court to determine the propriety of opening
said road. Although it may appear that no more than a
few, or even one person, will be benefited by the opening
of any road, yet the court may, in its discretion, cause
said road to be opened, requiring such beneficiary and the
county respectively to pay such part of the damages, ex-
penses of construction, cost of repair, from time to time,
as to the court may seem right. That upon the return of
the report of the viewers, the owner, his guardian, or com-
mittee, if within the county, if not, the occupier of the
land upon which the said road will be, if established, shall
be summoned to show cause against said report, and any
proprietor or tenant of lands on which said road will be, if
established, or the commissioner of roads may enter him-
self a party defendant to said petition, after which the
same proceedings shall be had as under the general road
law of the state. The court may, at its discretion, grant a
second view by the other commissioners of roads.

18. That the court shall examine the amount of dam-
ages assessed and the probable expense of opening the
road, and if satisfied that the public interest will be sub-
served by opening the road, or the proposed change, shall
approve the report and order the damages to be paid, as de-
termined under the preceding section, and shall cause the
clerk to deliver a copy of the order establishing, changing,
or altering the road to the commissioners of roads in whose
district or districts the road may be. The commissioner
shall embrace the amount of damages, cost, and expenses
of opening or changing the road and keeping it in repair
in his estimate of road tax to be laid before the board of
road commissioners.

19. That if the court decides against the application to
alter, change, or open a road, it may require the cost to be
paid by the petitioners or by the court, as to the court may
seem just.

20. The viewers shall be paid two dollars per diem for
their services, and the surveyor two dollars and fifty cents
per diem.

21. The commissioner receiving the said order of the
county court, shall lay the same before the board of
commissioners, and then shall direct to what class any
new road shall be assigned, and in case of a highway
they shall let the same to contract as provided in seventh
section. In case of a county road, if in their opinion the
road or the proposed change can be made by the over-
seer of the precinct with the tools and labor at his com-
mand, they shall direct the same to be done; if not, they
may let the same to contract or direct the commissioner of
the sub-district to hire teams and labor, and make the same.

22. The commissioner may order any change in a road
in his sub-district which may be agreed to by the board,
which does not involve the condemnation of lands or pay-
ment of damages as where the land owners consent.

23. The board shall furnish all necessary tools, imple-
ments and other things necessary to work the roads under
this law, and may for their purposes, purchase and hold
wagons, horses, mules, or oxen, or any machinery used
for making or working roads. The commissioner shall
collect together all the tools, and so forth, belonging
to the county now in the hands of overseers of roads in
his sub-district, and shall issue them to the overseers ap-
pointed under this act, to be used hy them for working
the road, taking their receipts therefor, and after, on the
demand of the commissioners, the overseer shall return
said tools, and so forth, to the said commissioner, and
the overseer shal] be responsible for the same while in his
possession.

24. It shall be the duty of the attorney of the com-
monwealth to represent the road commisioners in all mat-
ters affecting the public roads in the courts of record in
the county and also to proceed against said commission-
ers on their official bonds or otherwise for any dereliction
of official duty.

25. The county treasurer shall, annually, at the July
meeting, of the board of supervisors settle and adjust be-
fore said board his account with the roadfund. The said
board shall charge him with the full amount of the road
tax levied in the county and all sums collected from de-
linquent contractors and from all other sources, and shall
credit him by his commission, delinquent, and al] pay-
ments made by him for which he has the proper voucher.

26. The commissioners shall receive as compensation
two dollars per diem for ten hours of time actually em-
ployed in discharge of their duty: provided, that in no
case shall they receive over one hundred dollars in any
one year, except that he shall be paid one dollar and fifty
cents for each day he may be employed superintending
work on his roads and each overseer shall receive one dol-
lar per diem for ten hours exclusive of the days required
of him by law.

27. The general road law of the state, except so far as
the same is in conflict with this act, shall be enforced in
Botetourt county.

28. All acts and parts of acts inconsistent with this act
are hereby repealed.

29. This act shall go into effect on the first day of May,
eighteen hundred and ninety-two.