CHAP. 357.—An ACT to provide for the working of roads in the
county of Washington.

Approved February 25, 1892.

1. Be it enacted by the general assembly of Virginia,
That it shall be lawful for the county of Washington, after
the first day of March, eighteen hundred and ninety-two,
to locate, change and repair highways, roads, and bridges
as follows: |

2. That for each magisterial district in the county there
is hereby created and established a board consisting of the
supervisor, a commissioner of roads, and one of the jus-
tices of the peace for each district, which board shall have
the control of the roads, bridges and ferries within its
limits, except as hereinafter provided in section twenty-
three, and all taxes levied for road purposes and for build-
ing and repairing bridges shall be expended in said mag-
isterial district, except as hereinafter provided. The jus-
tice of the peace constituting a member of said board shall
be chosen and designated by the supervisor and a road
commissioner, constituting the two other members of the
board, and if they cannot agree, said justice to be desig-
nated by the judge of the county court; and the commis-
sioner of roads shall be appointed by the judge of the
county court, as hereinafter provided. The designation
of the justice who is to serve on said board shall be in
writing, and shall be preserved and recorded by the dis-
trict road board. The board hereby created and consti-
tuted shall be known and designated as the district road
board for ————— magisterial district.

3. That the district road boards hereinbefore consti-
tuted shall as soon as convenient divide into precincts of
convenient length all the county roads in their several
districts, and appoint an overseer for each precinct, and
they shall further allot the hands to work on the roads in
the same; and they shall report to the county road board
as may be their action in the premises, who may also have
power to lay off, alter, or re-arrange any precinct within the
county.
4. That annually there shall be appointed by the said
board not later than the fourth Saturday in May in each
year, one overseer of roads for each precinct under section
third, whose term of office shall be for one year, beginning
on the first day of July succeeding his appointment. He
shall reside in the precinct for which he shall have been
appointed, and shall have charge of the roads of his pre-
cinct. If such overseer refuse to serve after being ap-
pointed, or fail to work the roads in his precinct, he shall
be liable to a fine, on presentment by the grand jury, not
exceeding fifty dollars; but any person, after being over-
seer for two consecutive years, may give up his office on
producing a certificate from the road commissioner or
other satisfactory evidence that the roads in his precinct
are in proper order, and he shall not within two years
thereafter be appointed overseer without his consent.

5. That his duties shall be to see that the roads in his
precinct are kept in good repair, that the bridges are in
a safe condition, that the roads are kept free from ob-
struction, that all loose stones are removed, and he shall
contract for all tools and implements necessary for work-
ing the roads, subject to the approval of the commissioner
of roads, and shall have custody of the same, and shall
perform such other duties as may be prescribed by law, or
directed by the district road board. His compensation
shall be one dollar per diem for each day actually em-
ployed, to be on the approval and warrant of the county
road board hereinafter constituted: provided no warrant
shall issue under this section unless said board is fully
satisfied that said overseer has faithfully performed his
duties as required by this act.

6. That annually, at the May term of the county court,
there shall be appointed by the judge of the court, for
each magisterial district, one commissioner of roads,
whose term of office shall be for one year, beginning on
the first day of July next succeeding his appointment.
He shall reside in the district for which he is appointed.
Each commissioner of roads thus appointed shall qualify
before the judge of the county, in court or during vaca-
tion, and shall at the time of his qualification give bond
with good personal security in not less than three hun-
dred dollars nor more than fifteen hundred dollars.

7. That the commissioner of roads shall have charge of
all of the roads in his magisterial district. His duties
shall be to see that all the roads in his district have
@ proper width, and in all cases where they are not, to no-
tify the persons trespassing by written notice; and if the
obstructions are not removed after reasonable notice, not
to exceed thirty days, he shall direct the overseer of the
district to remove the fencing or other obstructions, and
may recover the expenses thereof, with costs, from the
trespasser upon warrant before a justice of the peace or a
court of competent jurisdiction. He shall thoroughly ex-
amine the roads in his district four times in each year, in
the months of April, July, October and December, and
see that the roads and bridges are kept in good repair by
the overseers or contractors, as the case may be; and if
he shall find any overseer or contractor delinquent, he
shall give him notice in writing, and on his failure to
comply with the law or his contract, shall make the nec-
essary repairs, and at once notify the attorney for the
commonwealth, who shall proceed against the delinquent
and enforce payment thereof by warrant before a justice or
action at law; but if upon such examination he shall find
that such contractor or overseer has executed his contract
or performed his duty according to the law or his contract,
he shall give him a certificate to that effect, with a state-
ment showing the amount such contractor or overseer is
entitled to have offset against his road tax, such certifi-
cate to be given before the time fixed for the collection of
said tax; and where work has been done by any person
other than a contractor, under the direction of the over-
seer, it shall be the duty of such overseer to give a like
certificate. His compensation shall be one dollar and
fifty cents for each day in which he has been or may be
actually employed in discharging his duties under the
provisions of this act, and to be after and only so far as
the same shall be approved by the county road board, who
shall issue their warrant for the same upon the treasurer
of the county, to be paid out of the county treasury: pro-
vided, however, the amount of said allowance shall not
for one commissioner for any one year exceed forty dol-
lars; and provided that no warrant shall issue under this
section unless said board is fully satisfied that said road
commissioner has faithfully performed his duty as re-
quired by this act. The supervisor and justice of the
peace constituting members of the district road board of
their respective districts shall be allowed for their ser-
vices as such, one dollar each per diem: provided, however,
the sum allowed each of them for their services as such
shall not exceed the sum of five dollars for any one year,
to be allowed and paid out of the county treasury by war-
rant of the county road board as in the case of the com-
missioner of roads and the overseers.

8. That the district road board may, if ordered by the
county road board, let to contract at public letting, to the
lowest and best bidder, for a term not exceeding two years
(except in cases of a new road, then it shall be let until
the next general letting), any or all the roads or any part
thereof. Of the time and place of which letting they shall
give ten days’ notice, by printed hand-bills posted in at
seast three places in each road district. The specifications
of such contract shall be such as will effectually open new
roads, and constantly keep in repair and clear of all im-
pediments to safe and convenient travel all public roads;
and they shall embrace the making and maintaining of
sufficient bridges over such streams and ravines as may
need them; and in every case, except mountain roads, it
shall be specified that the bed of the road shall be raised
in the middle and slope to the side, where ditches suffi-
cient to carry off the water shall be made and kept open :
provided that the contract price shall in no case exceed
the estimate made by said county road board.

9. That it shall be the duty of the said road commis-
sioner and the overseer, within thirty days preceding the
day of public letting, as may be directed in the preceding
section of this act (and within the same period of time
preceding the expiration of each and every term of years
thereafter), to lay out and divide the public roads and
highways in said districts into sections not exceeding two
miles in length, which they shall number and describe
in a book kept for that purpose. They shall also distinctly
specify therein what they deem necessary for the improve-
ment and keeping in good repair the said public roads and
highways, with an estimate of the amount of money which
will be required to improve and keep in repair each and
every section of the said roads, respectively, for the term
of years approved of and designated as provided for in
section seven of this act. The road book herein provided
for shall be returned to and preserved by said board, and
shall be open to the inspection of any citizen of the coun-
ty. And said book shall be delivered to the county board
when required at any meeting for their inspection.

10. Each contractor shall sign his name (in a book to
be kept for that purpose by the commissioner, and paid
for out of the district road funds,) to a contract embracing
all the specifications in relation to the roads contracted
for by him, as provided by the eighth section of this act,
as well as the contract price, the length of time contracted
for, and the number and description of section or sections
contracted for. All contractors shall give bond and secu-
rity in such sum as the board shall deem sufficient in a
penalty not less than twenty-five dollars nor more than
double the contract price, said bond to be made payable to
the county road board.

11. That if a contractor refuse or neglect to comply with
the law or his contract, the commissioner of roads, upon
complaint, shall as soon as practicable examine the road
or section, and if the complaint is well founded shall give
immediate notice in writing to the party to make or put
his road or section in repair accord ing to law or as the
contract requires; and upon his failure to do so the over-
seer shall proceed to put the same in order, and the ex-
pense thereof, with costs of suit, shall be recovered in the
name of the county road board from the contractor and his
securities as other debts are recoverable. Said suits to be
brought and attended to by the attorney for the common-
wealth as soon as he is notified to do so by the commis-
sioner of roads.

12. That if any section remain unlet by reason of there
being no bidder, or the amount offered be deemed unjust,
the commissioner of roads and overseer of the district may,
subject to the approval of the county road board, let the
same by private contract, the contract price not to be more
than estimated by the overseer and commissioner of roads,
and no supervisor of said county, or commissioner of roads,
or overseer of the roads therein, or other persons author-
ized to represent the county in contracting for the working
of any of the roads thereof, shall be in any way interested
in any contract provided for in this act; and any violation
of this provision shall render the contract null and void;
and in case there be no contract, the overseer of the dis-
trict, when ordered by the district road board, shall take
charge of the road or section, and make or keep it in repair,
and for that purpose may employ such number of laborers,
teams, wagons, and plows as may be necessary, and a just
allowance shall be made for the labor, teams, plows, and
other implements which may be furnished by private indi-
viduals, such allowances not to exceed that paid by the
county under the general road law for like services; and a
day’s work shall be fixed at ten hours.

13. That when any contractor shall die or remove from
his district, and shall have fully complied with the condi-
tions of his contract to the date of his death or removal,
the commissioner of roads and overseer may release the
said contractor from his contract, and shall let the sections
from the remainder of the term in the same way and on the
same conditions as at the first letting.

14. That every petition for a new road, or to lay out, open,
alter, or change a public road, must first be presented to the
commissioner of roads in the district in which the road is,
or any part thereof, who shal! endorse thereon his approval
or disapproval of the same and his reasons therefor in de-
tail; which petition and commissioner’s report shall be laid
before the county court at its next term, in open court, and
the court shall appoint three discreet freeholders to view
the ground of any new road or proposed change. The
county or other competent surveyor shall accompany the
viewers, and, if necessary, survey and map the road. The
whole number of viewers must view, but a majority may
decide for or against, and they may view and make report
of and estimates for any modification of the route; or may,
if they deem it proper, view and report on the advisability
of an entirely new route.
15. That notice of the time and place when the viewers
shall meet shall be given in some public manner in the
vicinage of the proposed road at least five days before the
time of meeting. The viewers, before they proceed to dis-
charge their duties, shall be severally sworn by the com-
missioner of roads, or some other person authorized to ad-
minister oaths, to perform their duties impartially and
to the best of their judgment. If they decide that there
is public necessity for the road or change, they shall lay
out the same, having respect to the shortest distance and
the best grade, and so as to do the least injury to private
property. They shall assess the damages done to land
through which the road passes, taking into consideration
the advantages to be derived from the road passing through
the land, and shall report in writing to the next term of
the court; but in no case shall any yard, garden, orchard,
or any part thereof, be taken without the consent of the
owner.

16. That the court shall examine the amount of damages
assessed,and if satisfied the public interest will be subserved
by its payment, and the opening of the road or the proposed
change, shall approve the report and order the damages
and the expense of opening or changing the road, to be
paid by the magisterial district or districts through which
the road may pass, in such proportion as the damages may
have been assessed in the said districts respectively; but
upon the return of the report of the viewers, the proprie-
tors and tenants of land upon which 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, may enter himself a party de-
fendant to said petition, after which the same proceedings
shall be had as under the general road law of the state,
upon the return of the reportof the commissioner of roads:
provided that the viewers and surveyor shall be paid out of
the county treasury. But whenever the road to be changed
or opened, or the bridge to be built, is of such public and
general importance as to make it proper that the costs
thereof shall be borne by the whole county, the court may
so order, or certify the fact or facts to the county road
board, who then may, if advisable, order the costs afore-
said to be paid by the county as aforesaid, and for that
purpose may issue their warrants therefor.

17. That the county court shall, at the time when any
new road is established, direct what width the road-
bed shall be made, and shall have power to regulate the
width of all roads: provided that the land condemned for
any new road shall not be less in width than twenty feet.

18. That the court may at its discretion grant a second
or third review, the viewers to be paid the sum of one dol-
lar each per diem, and county or other surveyor two dol-
lars per diem, to be paid as provided for in section sixteen
of this act.

19. The labor of the able-bodied citizens of each road
district in said county or section thereof, not exempt un-
der the present general road law of this state, shall be
apportioned out by the commissioner and overseer of roads,
or other person authorized to keep in repair the roads in
such road district or section thereof; and such contractor
shall have all the rights and remedies for requiring such
able-bodied citizens to labor on the roads in their road dis-
trict or the section thereof in which they reside, not to
exceed two days in each year, and for collecting and en-
forcing the fines and penalties imposed by the general
road law of this state for failing to work the roads when
summoned so to do.

20. That the clerk of the county court shall keep a road
docket, in which all proceedings in regard to roads in the
county court shall be kept of record, and the court may
designate at what terms of the court road cases will be
heard by an order on the minutes of said court.

21. That in the case of a road or a line dividing two
magisterial districts the commissioner of roads of the ad-
joining districts shall divide the said road between such dis-
tricts in such way as will equitably divide the expense, if
they can agree; and in case they cannot agree, the county
court shall appoint these commissioners to divide the
same and report tothe court their decision, and it may
direct what part of said road shall be opened and kept in
repair by each magisterial district.

22. That under the direction of the commissioner of
roads the overseer shall erect, at all points where roads
cross or intersect or diverge from each other, suitable in-
dicators showing the next most prominent place on the
road and the distance. A failure to comply with this pro-
vision shall be punished by a fine of not less than five
dollars for each offence, and any person who defaces, re-
moves, or in any way injures any indicator shall be sub-
ject to a fine of five dollars, to be recovered by the com-
missioner of roads upon warrant and a judgment before a
justice of the peace; and any overseer or contractor shall
have power to enter upon any lands adjoining his road or
section to make necessary repairs, drains, or ditches, and
to have said drains or ditches constructed so as to do the
least injury to the owner of said land as may be practi-
cable for said purposes.

23. That the members of the several district road boards
hereinbefore provided for shall constitute, and they are
hereby declared to be, a body corporate, capable of suing
and being sued, under the name of the Washington county
road board, hereinbefore mentioned as the county road
board. Said board shall meet within thirty days, or as
‘soon thereafter as called together by the county judge, and
elect from their number a chairman and clerk, who shall
be known as the chairman and clerk of the Washington
county road board ; and said clerk shall keep a minute of all
proceedings held by said board in a book provided by said
board. Said board shall meet at the county court-house
at Abingdon, Virginia, regularly on the fourth Monday in
June, or at any other time a meeting can be had by a call
being signed by a member from each district road board
in the county, and acopy of said call mailed to each mem-
ber by the clerk of said county road board. A majority
of said county road board shall constitute a quorum for
the transaction of business, and a majority vote of said
quorum, or of the entire board, if present, as the case may
be, shall control the action of said board. It shall be the
duty of said county road board, at its regular meeting re-
quired in the last section, to lay a road levy not exceeding
twenty-five cents nor less than fifteen cents on every hun-
dred dollars of value of property, real and personal, in said
county, and to apportion the same among the several dis-
tricts as the board may deem advisable; and after the levy
of said taxes the clerk of said board shall immediately cer-
tify the same to the commissioners of the revenue, who
shall thereupon extend the said taxes in the copy of their
books to be delivered to the clerk of the county court and
to the treasurer of the county.

24. Said county road board shall have the same powers
to levy taxes and do any other thing in road matters as
are now conferred upon the board of supervisors under the
code of eighteen hundred and eighty-seven, and not incon-
sistent with this act. The members of said board shall be
entitled to the sum of one dollar per diem for compensa-
tion for services under this act: provided, that it shall not
exceed five dollars each in any one year; and it has power
to make rules and regulations to carry out and put into
effect the provisions of this act.

25. The said county road board, if it deems it advisa-
ble, is authorized to enter into a contract with the gov-
ernor of this state for the hire of convicts, upon the terms
hereinafter set forth, to work upon the public roads of
this county, in a number not exceeding thirty, and for
such time as may be deemed necessary, not exceeding two
years; and the governor shall furnish said convicts if in
the penitentiary or not otherwise contracted for under the
laws of the state, and the said board is authorized to
work said convicts upon the public roads of the county,
improving such specified roads, one after the other, in the
manner as said board, from time to time, may determine
upon, in sections of not more than five miles alternately,
and at different sections and at such points as may be
definitely set forth in the minutes of their proceedings.
The said county road board may contract under this sec-'
tion for said convicts, and pay therefor out of the county
treasury an amount sufficient to pay for transporting
from and returning them to the penitentiary of the state,
and feeding and lodging them, and superintendent for
working same,so long as they are used in working upon
the public roads of the county under the provisions of
this act; and for this purpose they are authorized to levy
atax exclusive of tax hereinbefore provided, and for this
purpose only, payable out of the county treasury, not ex-
ceeding five cents on one hundred dollars taxable value of
property, real and personal, in any one year. It shall be
the duty of the judge of the county court, upon contract
for said convicts being made, to make such rules and reg-
ulations as may be deemed proper for the government of
said convicts whilst employed under the provisions of
this act, which rules and regulations, after being adopted,
shall be certified to said county road board, to be entered
of record upon its proceedings by the clerk of said board.
And the judge of said county court shall appoint the nec-
essary officers and guards to transport said convicts from
the penitentiary to the county, and guard and properly
work and care for the same whilst in the employment of
same; and said judge shall also appoint a surgeon, who
who shall render all necessary medical and surgical atten-
tion to the convicts, and to see that said convicts are
properly fed, quartered, clothed and humanely treated,
and report the condition of same to the said judge every
month, a copy of which report, when examined by the
judge, shall be forwarded to the superintendent of the
penitentiary; the said guards and surgeon to be paid for
said services reasonable sums out of the state treasury on
warrants directed quarterly by said judge, but in no event
are the allowances for same to exceed what the state al-
lows at present for said services.

26. That the treasurer of the county shall collect the
road tax in the same manner and at the same time and
Place as he receives the state and county taxes, and pay
the same over to the commissioners of roads of the seve-
ral districts. He shall be charged with the full amount
of the road taxes levied for the year, and credited by all
sums paid over in money or otherwise as herein provided.
The treasurer shall receive as equivalent to money all ac-
counts for labor, teams, plows, wagons, material furnished,
or for services rendered in any way, when properly certi-
fied by the commissioners or overseer, and the same shall
be receipted for by the commissioner as if paid to him in
Money. Each commissioner of roads acting under the
Provisions of this act shall settle with the county road

ard on the fourth Monday in June of each year,
OF as soon thereafter as the said board shall meet,
gnd account for all money received by him from the treas™
urer for road purposes, and pay over any balances in his
hands to his successor in office, which shall be placed to
the credit of the proper district road board and appropri-
ated for road purposes. That all persons who shall make
payment of road taxes on or before the first day of De-
cember shall be entitled to a deduction of five per centum ;
and any person failing to pay any road taxes to the treas-
urer by the first day of December shall incur a penalty
equal in amount to that incurred for non-payment of state
taxes, which shall! be added to the road taxes and collected
and accounted for as provided for in case of state and
county taxes.

27. That the board of road commissioners shall annual-
ly, on the first Monday in June, credit, adjust, and settle
the accounts of the treasurer for the preceding year. They
shall charge the treasurer with the full amount of the road
tax levied in the district, and shall credit him by his com-
missions, delinquents, and all payments made by him to
the commissioner of roads for which he has the proper re-
ceipt. The treasurer shall receive the same per centum
for collecting road taxes as for collecting the state reve-
nues. He shal] pay said road taxes received and collected
by him upon warrants issued by the county road board.

28. Any person or persons causing water to be diverted
from its natural course and conveyed across a public high-
way, or who, by the erection of waste-gates, or any other
means, shall cause water to flow or to be conducted over
such public highway, shall place, and keep in good repair,
bridges over the same at his or her expense; and if the com-
missioner or overseer of roads shall notify such person or
persons that his or their bridge is unsafe, and such person
or persons shall fail to make the necessary repairs, he or
they shall be held responsible for all damage, to be recov-
ered by warrant before a justice of the peace or court of
competent jurisdiction, that may result from such failure.
Within ten days after such failure the commissioner or
overseer may make said repairs, and require such party or
parties to pay all costs thereby incurred, which costs may
be recovered before a justice of the peace or court of com-
petent jurisdiction, and the attorney for the common-
wealth shall prosecute to judgment all cases under this
section and all other sections of this act.

29. Any commissioner or overseer of roads failing to
perform his duties under this act shall be liable to pre-
sentment or indictment by the grand jury, and shall, on
conviction, be fined a sum not exceeding fifty dollars.

30. That every person required to work on public roads
shall, either in person or by a sufficient substitute, when
notified by the proper overseer of the road, attend with
proper tools and work the roads on such days as the com-
missioner of the road may direct. For every day on which
there may be a failure seventy-five cents shall be paid to
the said road commissioner within thirty days thereafter
by the person in default, if a person of full age, or if he
be an infant, by the parent or guardian. If the money be
not paid to the said commissioner within the time above
specified, he shall make out a ticket against such delin-
quent party for the amount of said fine, with an addition
of ten per centum for cost, which ticket shall be put by
him into the hands of the constable of his district or the
sheriff of the county for collection: provided, however,
that such delinquent may, after notice to such commis-
sioner, 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 released or remitted: provided
further, that such delinquent may before the said ticket
goes into the hands of the constable or sheriff discharge
said fine by labor upon his road precinct. The officer hav-
ing charge of the collection of such fines may distrain
therefor or otherwise collect the same in the mode and
manner prescribed for the collection of county levies. He
shall account to the said commissioner for all fmes col-
lected by him, dividing the costs equally with the said
commissioner, and shall return to the clerk of the county
court annually at the March term of the county court a
list of all fines so collected, with the names of the officers
to whom the same have been paid, and the said clerk shall
label and file the same in his office.

31. The general road law of this state, except in so far as
the same is not in conflict with this act, shall be in force
in the county of Washington, and all acts and parts of acts
inconsistent with this act are hereby repealed.

32. This act shall take effect from and after the date of
its passage.