An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1891/1892 |
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Law Number | 580 |
Subjects |
Law Body
CHAP. 580.—An ACT to amend an act to provide for working and
keeping the public roads in orderin Prince Edward county, ap-
proved March 8, 1879.
Approved March 2, 1892.
1. Be it enacted by the general assembly of Virginia,
That the several magisterial districts of Prince Edward
county shall be each a separate road district, and it shall
be the duty of the county court at its first term after the
passsage of this act, and annually thereafter at its Novem-
ber term, to appoint two discreet persons from each magis-
terial district as members of the road board of said dis-
trict, who shall hold their office for the term of one year
from the first day of January following their appointment,
or until their successors are appointed and qualified. Such
persons shall qualify by taking the oath of office pre-
scribed by the general laws, and if by reason of death, re-
signation, removal or refusal to serve, a vacancy shall oc-
cur, the county court shall at its next term succeeding
such vacancy appoint some suitable person to fill the
unexpired term 80 vacated: provided that no person hold-
ing either of the offices of supervisor, justice of the peace
or overseer of the roads shall be appointed.
2. The supervisor of the magisterial district and the two
persons appointed under section first shall constitute a
board of road commissioners for said district—the super-
visor as aforesaid to be chairman of said board. They
shall], as soon as organized, appoint one of their number to
act as clerk, who shall give bond, to be approved by said
district board in the penalty of not less than two hundred
dollars, conditioned for the faithful performance of his
duties; and shal! also appoint one of their number to be
known as road inspector.
3. Said district boards shaJ] meet, each within their re-
spective districts, as soon as practicable, and, if necessary,
redistrict the roads into sub-districts, or adopt the same as
now divided. And it shall be the duty of each board to
appoint annually an overseer of the roads for each sub-
district, who shall hold his office until the first day of
January succeeding his appointment, or until his succes-
sor is appointed and qualified.
4. There shall be regular meetings of the district board
on the first Mondays in May and October of each year.
At the meeting on the first Monday in October the several
overseers of roads shall make their reports and state-
ments of accounts. The board shall proceed to audit and
settle the same, and, if not completed in one day, may ad-
journ from time to time until all accounts are audited.
Said accounts, when allowed by said district board, shall
be entered up in a book kept for that purpose by the clerk
of said board in the name of each party, amount due, and
properly numbered; and for settlement of same warrants
shall be drawn, number, name, and amount as above men-
tioned plainly set out therein, upon the county treasurer,
signed by said clerk and countersigned by chairman of
said board. At the meeting on the first Monday in Octo-
ber the said board shall appoint the overseers of roads for
the sub-districts within their district for the ensuing year;
shall also select a clerk, each of whom shall qualify as
aforesaid. They shall also, at their meeting in May, make
an estimate of the amount of tax necessary to be levied
upon all property, real and personal, of the magisterial
district assessed for the state revenue, to be made from
the last returns of the commissioners of the revenue, to
pay the expenses of keeping all the public roads within
their district in good repair, and of such width and condi-
tion as may be required by law, not to exceed fifteen cents
on the one hundred dollars’ valuation of taxable property,
which estimate they shall require the clerk of said board
to lay before the county board of supervisors on the first
meeting in May. The said district board may also, at
their meeting on the first Monday in May, transact any
unfinished business from former boards or meetings, and
such other business relating to public roads within their
district as they may deem expedient, not inconsistent with
this act.
5. Special meetings of the district board may be called
by the chairman, upon the application of any two of its
members, for the transaction of any business necessary
and proper to be done by the board; and any vacancy in
the office of clerk or overseer of any sub-district may be
filled at any meeting of the board.
6. All male persons in sub-districts shall be enrolled by
the overseer of that district, and compelled to work on
some public road therein two days in each year, with the
following exceptions, namely: persons under sixteen and
over sixty years of age, all ministers of the gospel, and
any person who has lost a leg or an arm. Any other per-
son who js otherwise disabled may be exempted on cer-
tificate of the county court of such disability. A list of
persons so appointed to work on the public roads shall be
made out in alphabetical order and filed by the overseer
with the clerk of the district board.
7. At such times as the overseer may judge most suita-
ble, he shall notify all persons in his sub-district liable
to road duty of the day on which he requires them to work
on the said road. Every person liable to road duty shall,
either in person or by an able-bodied substitute not less
than sixteen years of age, when required by the overseer
of his district, attend with such wagons, teams, carts,
scoops, or other rmplements, if he have them, and work
the roads on such days (not exceeding two) as the over-
seer may direct. The overseer shall keep a strict account
of all credita due any persons for service rendered, in ac-
cordance with the schedule furnished by the board of su-
pervisors, and shall give a certificate, when so requested,
to any persons entitled thereto showing such credits.
8. For every day on which there may be a failure to work
by any person liable to road duty, one dollar shall be paid
as a fine to the overseer of his road district by the person
in default, if a person of full age, or if he be a minor, by
his parent or guardian. If the money be not so paid, it
shall be recoverable by the overseer, with costs, before a
justice, and said justice shall issue a writ fieri facias for
the amount, or, in his discretion, a capias pro fine, which,
when collected, shal] be paid to the overseer or his suc-
cessor. Any money received by an overseer under this
section, after payment of costs, shall be applied to the
working of roads in his district, and shall be accounted
for by him to the district board.
9. Every overseer shall cause the roads under his charge
to be kept clear and smooth, free from loose rocks, from
gates unlawfully kept up, and other obstructions, thirty
feet wide, unless otherwise ordered by the road board, and
the bed of the road raised in the middle and slope grad-
ually each way to the sides, where ditches sufficient to
carry off the water shall be made and kept open. He shall
also cause all dead timber liable to fall in the road to be
removed. He shall keep at the forks or crossing of every
road a sign-board, on which shall be plainly lettered the
most notable points to which each road leads, and across
such streams, where it is necessary and practicable, a suf-
ficient bridge, bench, or log for the accommodation of
foot passengers, and a bridge for vehicles and horses. He
shall also, if directed by the board, provide suitable water-
ing places on the lines of roads under his charge for the
accommodation of stock and persons. All work required
by this section, except removing obstructions, building
and repairing bridges, shall be done between the first day
of April and the first day of September of each year.
10. Every such overseer shal] receive such compensation
as may be fixed by the board, not to exceed two dollars per
day for each day actually and necessarily employed in the
discharge of his duties; but no compensation shall be
allowed any overseer whose roads have not been inspected
and approved by the road commissioner of the magisterial
district in which his sub-district is located. Right, how-
ever, is herein reserved to the overseer to appeal from the
decision or action of said road commissioner to the district
board; whereupon the said district board shall appoint
two or more disinterested freeholders to inspect the road
or roads in dispute, and report their action at their meet-
ing in October, the report of said freeholders to be accepted
by all parties as final.
11. At a meeting of the district board, on the first Mon-
day in May and October, the overseer shall render an ac-
curate account to the board of all fines imposed, collected
and expended by him, and what persons are delinquent,
and for what sums; what persons are entitled to pay, and
how much, for labor, teams, implements and materials;
and how much, in his opinion, it will require to keep the
roads in his district in order the ensuing year, and make
such improvements as may appear advantageous. Said
overseer shall have credit in his settlement for all receipts
of constables for fines placed in his hands for collection,
and uncollected, and the same shall be charged against
his successors; but the board may at any time credit such
overseer with any fines that may appear insolvent, and
which the overseer may make affidavit have not been col-
lected by him: provided that if required by the board, the
overseer, in any charge for services rendered by himself
or his employees, hire of his own teams and implements,
or materials furnished by himself, shall prove the same
by affidavits of two disinterested witnesses, who shall be
tax-payers of his road district, that the charges are just.
Any such overseer who shal] fail to perform any duty re-
quired by this act, or refuse to serve after being appointed,
shall be liable,on presentment by the grand jury, toa
fine not less than five nor more than thirty dollars, and
may be removed from office by the board; but any person,
after being overseer for two consecutive years, may give
up his office on producing a certificate to the board from
the road commissioner that the roads in his district are in
proper order, and shall not in two years thereafter be ap-
pointed overseer without his consent.
12. If any overseer shall fail to account for any prop-
erty or money in hand belonging to or due said district,
and if he fail to make such settlement as is provided for
in the preceding section, or fail to account for any money
or property placed in his hands, the board shall ascertain
the value or amount of such property or money, and de-
duct the same from his pay.
13. The overseer of any sub-district may take from any
convenient lands so much wood, stone, gravel or earth as
may be necessary to be used in the construction or repair-
ing of such roads, or any 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
any such wood or other article be not taken from, any
such ditch be not cut through, any lot in a town, yard or
garden without the consent of the owner.
14, If any owner or tenant of any such lands shall think
himself injured thereby, a justice, upon application to
him, shall issue a warrant to three freeholders of the sub-
district requiring them to view the said lands and ascer-
tain what is a just compensation to such owner or tenant
for the damage to him by reason of anything done under
the preceding section. The said freeholders after being
sworn, sha}! accordingly ascertain such compensation, and
report the same to the district boards, who shall allow and
audit the same among the claims against said district.
15. The road inspector shall have under his general su-
pervision all the roads within his road district, and he
shall, before the first Monday in May and October of each
year, inspect and note the condition of all the roads in
his district, the need of new ones, or alterations in exist-
ing ones; the condition of all bridges, and when new ones
are needed ; give the overseer of each sub-district a certifi-
cate of approval of the work upon his roads, if their con-
dition justify the same; all of which matters, with such
suggestions as to the future work he may consider advisa-
ble, he shall embody in a report to be made to the board
at its meeting on the first Monday in May and October.
He shall pass over and inspect the roads in his district at
least twice during the year, shall advise or suggest to the
Overseers any improvements in the mode or manner of
working them, and shall carefully note any violation of
duty or inefficiency of any road overseer in his district.
He shall receive for his services two dollars per day for
the time actually employed: provided the total compen-
sation shall not exceed ten dollars in‘any ono year. Any
road inspector who shall fail to perform any duty required
by this act, shall be liable, on presentment by the grand
jury, to a fine of not less than five nor more than thirty
dollars, and may be removed from office by the county
court.
16. The members of the board of road.commissioners
for each magisterial district shall each receive for their
services two dollars per day for time actually employed:
provided the total compensations of each shall not exceed
ten dollars for any one year, the road inspector, how-
ever, to receive in addition to the above his compensation
as set out in the preceding sections. The clerk of the
board shall receive reasonable additional compensation
for extra service rendered. Such additional compen-
sation shall be fixed by the board, subject to the ap-
proval by the county board of supervisors. The allow-
ance to members of the board of road commissioners and
the clerk’s extra compensation shall be audited by said dis-
trict board among the claims against said district.
17. The clerk of the board of road commissioners in
each magisterial district shall forward, as soon as approved
by the board, any and all bonds of the overseer of sub-
district to the clerk of the county board of supervisors.
He shal], before the first Wednesday in November of each
year, make outa statement in writing of all claims against
his said district, audited by the said board, the amount of
each, and to whom due, what amount remains collected
in the hands of the overseer, and what amount remains
uncollected of fines; also the amount of road tax required
by said board to be levied upon real and personal property
within his district for the working of and keeping in order
the public roads of said district. This statement shall be
laid before the board of supervisors at their regular meet-
ing on the first Wednesday in November of each year.
The said clerk shall receive no pay for extra service until
the above statement is made as directed.
18. The county board of supervisors, at their regular
meeting on the first meeting in May, or at such adjourned
meeting before the annual levy is closed, as they may deem
practicable, shall examine al] statements of the district
boards laid before them, having power to correct any
errors that may be found therein, and shall levy such road
tax for the ensuing year upon each magisterial district as
the board of said district may require: provided said tax
does not exceed the rates set forth in the fourth section of
this actin any one district. Atsaid meetings, if it appear
that there is any unexpended funds to the credit of any
district, the said board shall, if they deem proper, appor-
tion the same among al] the districts of the county accord-
ing to area.
19. The clerk of the county board of supervisors shall
carefully file away and keep with other records of his office
all bonds of road overseers and commissioners, and other
papers relating to public roads within the magisterial dis-
trict of his county, that may be delivered to him by the
district boards. He shall furnish the clerk of each dis-
trict board a certified copy of the schedule price adopted
by the county board of supervisors for the hire of laborers,
teams, and so forth, and he shall deliver, on or before the
first day of June of each year, to the commiesioner of the
revenue for said county, a certified statement of the amount
of road tax laid by the said board of supervisors upon each
magisterial district.
20. It shall be the duty of the said commissioner of the
revenue, when making his assessment of other taxes, to ex-
tend upon his books opposite the name of each person as-
sessed with real or personal property therein, in a separate
and distinct column, the amount of road tax for which
each is liable, keeping each district separate; and for
this service he shall receive a compensation not exceeding
two and one-half per centum of the total amount of road
tax assessed, payable out of the county treasury.
21. The treasurer of said county shall enter said road
tax, assessed as provided in the preceding section, upon
his tax bills, in a separate column, against all persons
liable therefor, and collect the same in such manner as is
provided by law for the collection of other taxes. He
shall also keep a road-tax account with each magisterial
district, and when said taxes are collected shall pay all
road warrants presented to him, signed by the clerk of the
district board and countersigned by the chairman of said
board, crediting each district with the amount of road tax
collected therein, and charging each district with all
road warrants issued thereon, when paid by him; shall
also settle his accounts relating to road tax annually
with the district boards at such time as the said board
may order; and for this service he shall receive the
same rate of per centum upon the road tax as is now
allowed by law for the collection of other taxes. He shall
also furnish the clerk of each board of commissioners, on
the first Monday in October, a statement of the amount of
assessment which will be to the credit of such district.
22. Every petition for a new road, or to lay out, open,
alter or change a public road, must first be presented to
the inspector of roads of the district in which the road is,
who shall endorse thereon his approval or disapproval of
the same, and his reasons therefor, which petition and in-
spector’s report shall be laid before the county court, to be
proceeded in as is now provided in the general road law of
the state.
23. The court shall, in its discretion, however, if the
damages assessed be allowed, order the said damages 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 district respectively, the
viewers to be paid the sum of one dollar each per diem,
and the surveyor two dollars per diem for time actually
employed out of the county treasury.
24. In case of a road or a line dividing two magisterial
districts, excepting such as may be otherwise provided for
by special act, the commissioner of roads of the adjoining
district shall divide the said road between such district in
such way as will equitably divide the expenses, if they can
agree, and in case they cannot agree the county board of
supervisors shall divide the same and direct what part of
said road shall be open and kept in repair by each magis-
terial district.
25. All acts and parts of acts in conflict with this act
are hereby repealed. All acts of the general road law of
the commonwealth shall be in force as to this county so
far as they do not conflict with this act.
26. This act shall be in force from its passage.