Chap. 606.—An ACT for opening, working and keeping in order
the public roads and for building and repairing public bridges
in the county of Accomac.

Approved March 2, 1892.

1. Be it enacted by the general assembly of Virginia,
That all public roads in the county of Accomac shall be
opened, worked, improved, and kept in order, and new pub-
lic landings established, and public bridges built and re-
paired, in the manner following, to-wit:

2. Commissioners of roads; their appointment, qualifi-
cation and term of office.—The county court of said coun-
ty shall, at the April term thereof in the year eighteen
hundred and ninety-two, and at the same term in every
second year thereafter, and the said court, or judge there-
of in vacation, within thirty days from the time any va-
cancy arises, appoint a commissioner of roads for each of
the magisterial districts of said county, to hold office for
the term of two years from the first day of July next suc-
ceeding his appointment, and afterwards until his succes-
sor has been appointed and duly qualified. Each of said
commissioners shall, within thirty days from the date of
his appointment, before the said court, or the judge thereof
in vacation, qualify by taking and subscribing the several
oaths prescribed by law to be taken by every person before
entering upon the discharge of any function as an officer
of this state, and by entering into bond in such penalty,
not less than one thousand dollars, as may be required by
said court or judge, with satisfactory security thereto,
made payable to the commonwealth of Virginia, and con-
ditioned for the faithful discharge by said commissioner
of the duties of his office. For all breaches of the condi-
tion of said bond, and for any neglect or dereliction of
duty on the part of said commissioner, suit may be prose-
cuted upon said bond in the name of the commonwealth,
for the benefit of the magisterial district for which the
said commissioner was appointed, and the recovery in any
such suit shall inure to the road funds of the said magis-
terial district. When any commissioner qualifies before
the judge of said court in vacation, it shall be the duty of
said judge to return a certificate of such qualification, to-
gether with the bond executed by the commissioner, to the
clerk of said court for record in his office.
3. Their duties.—Each of said commissioners shall, as
soon as possible after his qualification, proceed to divide
the public roads in his district into the following number
of road precincts, to be as compact in form as the circum-
stances will permit,and numbered consecutively, to-wit:
one for the islands; two for the district of Atlantic; eight
for the district of Metompkin; eight for the district of
Lee; and eight for the district of Pungoteague. If any
public road forms the line between two magisterial dis-
tricts, or any public bridge is located on said line, the
commissioner of either of said districts, if they cannot
agree as to how said road shall be apportioned between the
two districts, or which of said districts shall bear the ex-
pense of keeping said bridge in repair, after ten days’
notice to the other, may make application to the county
court of said county to have said road divided between
said districts, and the cost of keeping up and repairing
said bridge placed upon one of said districts; and, upon
such application, the court shall enter an order assigning
said road, or such part thereof as it may deem beat, to
either of said districts, and shall determine by which of said
districts said bridge shall be kept up and repaired. Each
commissioner shall, on or before the first day of July next
after his appointment, return to said court a report of the
division of his district into road precincts as aforesaid,
which shall be recorded on the order-book of said court.
The road precincts may be changed and rearranged by the
commissioner not oftener than once in two years; but all
changes and rearrangements shall be made and reported
to the court on or before the first day of July next there-
after, and shall take effect from and after that day.

4. Commissioners to recommend surveyors.—Each com-
missioner shall, at the June term of the court of said
county, in the year eighteen hundred and ninety-two, and
at the same term every two years thereafter, and within
ten days after any vacancy, recommend to said court, of
those subject to road duty, three proper, suitable and
efficient persons for road surveyor in each road precinct,
one of whom the court shall appoint; and if any commis-
sioner fails, at the time above specified, to make said rec-
ommendations, the court or judge thereof in vacation
shall proceed to make the appointment. When directed
by the court, the commissioner shall view the proposed
route for any new road, or the land upon which a public
landing is proposed to be established, which may be ap-
plied for, or in cases where a public bridge is to be built or
repaired, and the cost of the same will amount to more than
twenty dollars, or in cases where a public road is proposed
to be widened or straightened, or any drain for the drain-
ing of a public road is to be cut through the adjacent lands
of others, and shall report the necessity, if any, for such
new road, landing, bridge, widening or straightening said
road, the manner in which the same shall be opened, es-
tablished, built, repaired, widened, straightened or cut,
the material to be used, the work required, and the esti-
mated cost; and, if the same shall be directed by the court,
he shall superintend the opening of such road, the estab-
lishing of said landing, the building or repairing of such
bridge, the widening or straightening of said road, the
cutting of said drain, and shall direct and approve all the
expenditures made.

5. Width of road.—Every road shall be thirty feet wide,
unless the county court order a different width.

6. New road or landing, or widening or straightening
road.—When any person applies to the court of said coun-
ty to have a road or landing therein established or altered,
or a road widened or straightened, the court shall, and
whenever, without such application, it sees cause for so do-
ing, the court may direct the commissioner of the district
in which said proposed road or landing is, or in which the
road proposed to be widened or straightened is, to view the
ground and report to the court the conveniences and incon-
veniences that will result as well to individuals as the pub-
lic, if such road or landing shall be as proposed, and espe-
cially whether any yard, garden, orchard or any part there-
of, will in such case have to be taken; and in the case of
opening a road, the said commissioner shall also ascertain
and report to court whether the said road will be one of
such mere private convenience as to to make it proper that
it should be opened and kept in order by the person or
persons for whose convenience it is desired; and in the
case of widening a road, the said commissioner shall also
ascertain and report whether said road has been encroach-
ed upon by the adjacent land-owners; and if so, to what
extent, and by whom.

7. What facts commissioner to report; diagram of route
to be returned.—The commissioner acting under the pre-
ceding section shall particularly report the facts and cir-
cumstances, in his opinion, useful in enabling the court
to determine the expediency of establishing or altering
the road or landing, or widening or straightening the road.
He may examine other routes than that proposed for any
road and report in favor of the one he prefers, with his
reasons for the preference. He shall report the names of
the land-owners on such route, the quantity of land pro-
posed to be taken, and state which of them requires com-
pensation, the probable amount, in the opinion of this
commissioner, to which such party may be entitled, and
any other matter which he may deem pertinent. A map,
or diagram of such route shall be returned with his report.
The commissioner may employ a surveyor if he deems it
necessary.
8. Proceedings on report; notice to proprietors and ten-
ants.—Upon the report in this case where the application
was.for establishing or altering a road or landing, or
straightening the road, and also where the application
was for widening the road, and the report of the commis-
sioner shows that the road is too narrow, but not by reason
of the encroachments by the adjacent land-owners, unless
the opinion of the court be against establishing or altering
the road or landing, or widening the road, it shall award
process to summon the proprietors and tenants of the
lands which it is proposed to take, to show cause against
the same. The summons shall be directed, executed, and
returned as 8 summons may be in other cases, except that
it may be personally served in the county on any agent of
any proprietor not within the same, and such service
shall be equivalent to service on such proprietor, and if
any proprietor reside out of this state and be not within
the county or have no agent known to the court residing
therein, or if the true owners or proprietors of the lands,
or any part thereof be not known to the court, the court
may order notices to all whom it may concern to be pub-
lished for four successive weeks in some newspaper of
general circulation, or posted at the front door of the
court-house of the county on some court-day to appear
and show cause against establishing or altering the road or
landing, or widening or straightening the road, as the
case may be. The cost of such publication shall not ex-
ceed the cost of publishing an order under section thirty-
two hundred and thirty-five of the code of Virginia, and
shall be paid by the county. Personal service of said
summons on a non-resident, and return thereof may be
in the mode and with the effect prescribed by section
thirty-two hundred and thirty-two of the code of Virginia.

9. Defence allowed; what court may do.—Upon the re-
turn of the said process, duly executed, defence may be made
to the said proceedings by any party; aud the court may
hear testimony touching the expediency or propriety of
establishing or altering the road or landing, or widening
or straightening the road. Upon such hearing, unless the
court be of opinion that the road or landing ought not to
be established, or road widened or straightened, in which
case it shal! so order, if it has enough before it to fix upon
a just compensation to the proprietors and tenants, and
they are willing to accept what it deems just, the court may
determine the matter without further proceedings, and es-
tablish or alter the road or landing and with or without
gates as it may seem proper, or widen or straighten the
road.

10. Appointment of commissioners to assess damages.—
But if any tenant or proprietor desire it, or if the court see
cause for so doing, it shall appoint five disinterested resi-
dent freeholders of the county as commissioners (any
three of whom may act) for the purpose of ascertaining a
just compensation for the land to be used for such road or
landing, or proposed to be taken for widening or straight-
ening such road. They shall meet on the lands of such
proprietors and tenants as may be named in the order of
court, at a certain place and day therein also specified, of
which notice shall be given by the sheriff to such proprie-
tors and tenants, or their agents, except only that it need
not be given to one present at the time of making the
order. Any one or more of the commissioners attending
on the land as aforesaid may adjourn from time to time
until the business shall be finished. The commissioners,
in the discharge of their duties, shall comply in all re-
spects with the provisions of sections ten hundred and sev-
enty-seven and ten hundred and seventy-eight of the code
of Virginia, and forthwith make return of their report and
the certificate of the justice to the court of the county;
and, unless good cause be shown against the report, the
same shall be confirmed. If, however, good cause be
shown against the same, or the commissioners report their
disagreement, or fail to report within a reasonable time,
the court, as often asseems to it proper, may appoint other
commissioners for the purpose of ascertaining the compen-
sation aforesaid. When any report is confirmed the court
shall widen or straighten the road, or establish or alter the
road or landing, as the case may be, and with or without
gates as to it may seem proper.

11. When proprietors, and so forth, to pay costs.—When
the record shows that the sum allowed by the commission-
ers ay compensation to any proprietor or tenant is not
more than the court before making the order appointing
such commissioners had consented to allow him, such pro-
prietor or tenant shall be adjudged to pay the costs occa-
sioned by such order.

12. Area for landing; where road or landing not to be
located.—Not more than one acre of land shall be con-
demned for any landing; and no road or landing shall be
established upon or through any lot in a town without the
consent of the proprietor thereof, or through the lands of
any cemetery, or through the lands of any seminary of
learning without the consent of the owners thereof, or the
corporate authorities.

13. In what cases county to pay costs and damages.—
When the road or landing is established or altered, or
road straightened, or road widened (but not on account of
encroachments by the adjacent land-owners) the county
shall be chargeable with the compensation to the proprie-
tors or tenants, with such costs as the court may allow the
applicant, and the costs of the commission, excepting the
case mentioned in section eleven: provided, however, that
when it shall appear to the court that the opening and
establishing or altering of such road will be for mere pri-
vate convenience, then the court may order the same upon
the condition that such applicant pay, in whole or in part,
the compensation to the proprietors or tenants, and the
costs of the proceeding, and keep said road in order; but
the said road shall not be opened and established or
altered until such compensation and costs shall have been
first paid, or the written consent of the proprietors or ten-
ants given.

14. When, by report of the commissioner under section
six of this act, it appears to the court that a road is too
narrow by reason of encroachments by adjacent land-own-
ers, it shall award process to summon the adjacent pro-
prietors and tenants who, according to said report, have
encroached upon the same, to show cause why said report
should not be confirmed. The summons shal! be directed,
executed and returned in the same manner as in section
eight of this act. Upon the return of the said process duly
executed defence may be made by any party; and, if the
court be of opinion that said report ought to be confirmed,
it shall order the commissioner to require the proprietor
or tenant to remove all fences or other obstructions from
within the limits of said road; and if, after reasonable
notice, such person refuse or fail to remove his fence or
other obstruction, the same shal] be moved by the surveyor
of the road precinct at the cost of the offender.

15. Draining county road, and when a portion of cost to
be paid by land-owners.—When, for the proper draining
of a county road, it is necessary to open a ditch or drain
through the lands of individuals adjacent thereto, or to
deepen or clean out a ditch or drain already opened, the
commissioner of roads for the district in which said ditch
or drain is to be located, or already is, shall view the lands
through which it is to be opened, deepened or cleaned, and
report to the county court the necessity therefor, the loca-
tion of the same, the size thereof, the manner in which it
should be opened, the probable cost, and the advantage,
if any, the same will be to the adjacent lands, and deter-
mine how much of said costs should be borne by the coun-
ty, and how much by each of the proprietors and tenants of
the lands through which said ditch or drain shall pass.
Five days’ previous notice of the time and place of such
view and examination shall be given by said commissioner
to such of said proprietors and tenants. Upon the filing
of the report of the commissioner, any tenant or proprietor,
or any other person interested, who may feel aggrieved by
the action of the commissioner, may except thereto. The
court shal! proceed to consider the said report and excep-
tions thereto, and all evidence which may be produced,
and make such order therein as it deems proper, and give
judgment against the proprietors and tenants for such sums
as may be assessed against them in the report, or which
the court may consider just to charge upon them; and
may enforce the judgment by execution for such sums and
the costs attending the proceeding. All sums thus col-
lected shall be expended by the commissioner of roads of
the district, or the surveyor of the precinct, in opening,
deepening or cleaning the ditch or drain.

16. When the court decides in favor of establishing or
altering any road or landing, or widening or straightening
any road, or building or repairing any bridge, where the
cost of the same will exceed twenty dollars, the court may
either direct the commissioner of the district to have said
work done or the county court may contract therefor, and
to this end appoint the commissioner of the district to re-
ceive proposals.

17. Notices for proposals.——The commissioner to re-
ceive proposals for any work, shall publish notices in a
newspaper for four successive weeks, or at the front door
of the court-house on a court-day, and at three or more
public places in the neighborhood where the work is to be
done, that proposals for such work will be received in wri-
ting on the first day of the next court, or on such subse-
quent day as may be mentioned in the notice. The notice
shall describe the work to be done and require such speci-
fications to be made in the proposals as the commissioner
may determine on.

18. Action of court on report of commissioner.—The
court in its order appointing a commissioner to receive pro-
posals may, in its discretion, either direct the commis-
sioner to determiné whether any, and if any, which of the
said proposals he shall accept; and if the proposals of any
person be accepted, to reduce to writing a contract between
the county and such person; or the said court may in its
said order direct that the proposals be returned to the
court, which shall determine whether any, and if any,
which of the said proposals shall be accepted; and if the
proposals of any person be accepted, the court shall direct
the commissioner to reduce to writing a contract between
the county and such person.

19. Contract and bond to be executed and returned to
court.—The commissioner shall report to the court every
such contract, signed by the person with whom it 18 made,
and, after an order shal! be made by the court ratifying such
contract, thesame shall be binding upon the contractor and
the county, so soon as the contractor gives bond, with suf-
ficient sureties, to be approved by the court, and in a pen-
alty at least double the amount which he is to receive under
the contract, payable to the county, with condition for
the faithful performance of such contract. Such bond
shall be taken by the commissioner and returned to the
court. If approved by the court, the fact shall be entered
of record, and the bond and contract shall remain filed in
the clerk’s office. The commissioner shall superintend
the work contracted for and make report to the court when
he considers that it has been completed according to the
contract.

20. No commissioner to be contractor.—No commis-
sioner shall become an undertaker for the work either di-
rectly or indirectly.

21. How contractor paid.—When, upon the report of the
commissioner, and any evidence adduced for or against it,
the court is of opinion that the work has been done ac-
cording to contract, it shall order the county treasurer to
pay to the contractor, out of the road tax, the money
which he is entitled to receive under his contract.

22. Allowance to surveyor and chain carriers.—The
court shall allow a reasonable compensation to the
surveyor and chain carriers not exceeding three dollars
per day to the surveyor, and one dollar per day to each
chain carrier, when the employment of such carriers 18
deemed necessary, to be paid by the county.

23. When and what costs to be paid by the applicant—
When the court decides against the application to estab-
lish or alter a road or landing, or to widen or straighten 4
road, the applicant shall pay the costs incurred in the
case, except the compensation to the surveyor and chain-
carriers, and except such costs as may be payable by any
proprietor or tenant under section eleven of this act, and
the court may enforce payment thereof: provided, however,
that if the commissioner of the district is the applicant,
he shall not be liable for any costs, whether said applica-
tion is granted or refused by the court.

24. Effect of alteration of roads; proceedings to dis-
continue roads.—When any road is altered it shall be dis-
continued to the extent of such alteration, and no further.
The commissioner of the district, or any other person, may
apply to have a road or landing discontinued after post-
ing notice of the intended application on the first day of
a term of the county court, at the front door of the coutt-
house and at two public places in the neighborhood. The
court, at the next term after that at which notice may have
been so published, shall enter an order requiring the com-
missioner of the district to view such road or landing and
report, in writing, whether in his opinion any, and if any,
what inconvenience would result from discontinuing the
same. Upon the said report, and other evidence, if any,
the court may discontinue such road or landing; taking
care, in every case of an established post road, not to dis-
continue the same until another has been substituted;
and if the court decides against said application, the
same rule as to costs shall apply as in the preceding section.

Google
25. Erection of gates.—Application may be made to the
sounty court of said county to permit gates to be erected
across any road therein; and a notice of such application
shall be forthwith posted at the front door of the court-
house, and at two public places near where the gates are
proposed to be erected. If it appears at the next term
that the notice has been duly posted at least twenty days,
the court may, upon evidence, if any, permit such erection.
But the gates erected shall be discontinued whenever the
court may so direct, after like notice of twenty days.

26. Discontinuance of gates.—If it be suggested by any
citizen of said county to the court of said county that in-
jury or inconvenience results from such gate, the court
shall cause the owner of such gate to appear at the next
term and show cause why the same should not be discon-
tinued. and upon the return of such process “ executed,”
shall determine whether there ought to be such discontin-
uance or not. If the court adjudge that the gate shall be
removed, the surveyor of the road precinct shall remove
the same at such time as the court may order; but such
person shall have the right of appeal to the circuit court.
Whenever a road is established with gates, and the gates
are removed as ordered, and damages are claimed by the
party owning the same, the court shall direct the commis-
sioner of the district to examine and report upon the na-
ture and extent of the damage caused by the removal, and
upon his report, and other evidence, if any, the court may
allow such damages as may appear to be proper, which
shall be chargeable to the county.

27. Duty of owner or occupier of dam to maintain road
or bridge.—Every owner or occupier of a dam shall, so
far as a road passes over the same, keep such dam in good
order, at least twelve feet wide at the top, and also keep
in good order a bridge of like width over the pier-head,
flood-gates, or any waste cut through or around the dam,
and shall erect and keep in good order a strong railing on
both sides of such bridge or dam, unless such railing
be dispensed with by the county court. If he fail to com-
ply with this section, he shall be fined two dollars for
every failure of twenty-four hours, but the fine shall not,
in any case, exceed fifty dollars; and when a mill-dam is
carried away or destroyed, the owner or occupier thereof
shall not be thenceforth subject to such fine until one
month after the mill shall have been put into operation.

28. What use of bridges forbidden.—No person sball
use any county bridge as a wharf from which to load or un-
load any vessel or boat, nor as a place of deposit for any
property, nor for any other purpose except for crossing.
Nor shall the master or owner of any vessel make fast the
same to or Jay the same alongside such bridge. Any per-
son violating this section shall be fined not less than five
nor more than twenty dollars, to the use of the county.

29. Erection and abatement of wharves, piers, and bulk-
heads.—Any person owning land upon a water course may
erect a wharf on the same, or pier or bulk-head in such
water course opposite his land: provided the navigation
be not obstructed, nor the private rights of any person be
otherwise injured thereby. But the court of the county,
after causing ten days’ notice to be given to the owner
thereof of its intention to consider the subject, if it be
satisfied that such wharf, pier, or bulk-head obstructs the
navigation of the water course, or so encroaches on any
public landing as to prevent the free use thereof, may
abate the same. |

30. Erection of wharves at county landings.— Any per-
son desiring the privilege of erecting a wharf at oron any
county landing may, after giving notice of his inten-
tion by advertising such notice at some public place near
the landing, and also at the front door of the court-house,
on the first day of a term of the county court, present to
the court at its next term a petition for such privilege.
The court may consider the same, and may, in its dis-
cretion, grant such privilege and fix such rates and
charges upon such conditions and limitations as to it
may seem fit. But the court, at any subsequent term,
may, if it think proper, revoke such privilege, or alter
such conditions and limitations, or regulate the rates
and charges. This section shall not be construed to
authorize the county court to grant the privilege of erect-
ing a wharf within an incorporated town.

31. Road surveyors, their appointment and duties.—
There shall be appointed by the county court, upon the
recommendation of the commissioner of the district, as
provided in section four of this act, one surveyor for each
road precinct, subject to road duty therein, who shall hold
his office for two years from the first day of July next suc-
ceeding his appointment, and afterwards until his succes-
sor is appointed and duly qualifies. Each of said survey-
ors shall, within thirty days from the date of his appoint-
ment, before the said court, or the judge thereof in vacation,
qualify by taking and subscribing the several oaths
prescribed by law to be taken by every person before en-
tering upon the discharge of any function as an officer of
this state, and by entering bond, in such penalty, not less
than five hundred dollars, as may be required by said
court or judge, with satisfactory security thereto, made
payable to the commonwealth of Virginia, and zonditioned
for the faithful discharge by said surveyor of the duties
of his office. For all breaches of the condition of the said
bond, and for any neglect or dereliction of duty on the
part of said surveyor, suit may be prosecuted upon said bond
in the name of the commonwealth for the benefit of the ma-
gisterial district to which said surveyor’s road belongs,
and the recovery in any such suit shall inure to the road
fund of said district. Whenever any surveyor qualifies
before the judge of said court in vacation, it shall be the
duty of said judge to return a certificate of such qualifica-
tion, together with the bond executed by the surveyor, to
the clerk of said court for record in his office.

32. Duties of surveyor.—Every such surveyor shall sup-
erintend the roads in his precinct; cause the same to be
kept cleared of obstructions, of necessary width, secure
from the falling of dead timber therein, well drained, and
otherwise in good order; and in working or draining the
same, he shall, where practicable, raise the road-bed in
the centre so as to cause the water to run off to each side.
He shall cause to be placed and kept, at the fork or cross-
ing of every road, a sign-board, on which shall be stated
in plain letters the most noted place to which each road
leads, and across every stream, where it is necessary and
practicable, a sufficient bridge, bench or log for the accom-
modation of foot passengers. Where any more important
bridge or causeway is necessary, it shall be made twelve
feet broad at the least, and safe and convenient. Every
bridge and causeway in his precinct shall be kept by him
in as good order as the means in his power will permit;
and for all these purposes he shall have power, and it
shall be his duty, to enroll all persons liable to road ser-
vice, who are not exempt by section thirty-five of this
act, and who shall have resided ten days within the boun-
dary from which his hands are allotted.

33. Materials for roads and bridges, how provided.—The
surveyor of any precinct may take from any convenient
lands so much wood, gravel or earth, as may be necessary
to be used in constructing or repairing any road, bridge, or
causeway therein: provided such wood and other articles
be not taken from any lot in a town, yard or garden, with-
out the consent of the owner. ,

34. Compensation to the owner in such case.—If the
owner or tenant of any such land shall think himself in-
jured thereby, a justice, upon application to him, shall
issue a warrant to three freeholders requiring them to
view said lands and ascertain what is a just compensation
to such owner or tenant for the damages to him by reason
of anything done under the preceding section. The said
freeholders, after being sworn, shall accordingly ascertain
such compensation, and report the same to the commis-
sioner of the district. Said commissioner may allow the
full amount reported by said freeholders,or s0 much thereof,
as upon investigation he may deem reasonable, subject to
such owner or tenant’s right of appeal to the county court;
and said commissioner shall draw a warrant on the coun-
ty treasurer, payable out of the district road fund, for the
amount finally ascertained to be due for such damages.

85. Schedule of prices for teams and implements.—The
boards of supervisors shall, from time to time, fix the
prices allowed for the use of teams and other implements
on public roads, and prepare ‘a schedule thereof, a copy of
which shall be delivered to each surveyor by the clerk:
provided that no price be allowed for the use of any im-
plement, the market value of which does not exceed one
dollar. Upon application by the surveyor, such tools as
may be necessary to keep his road in order may be furnished
him by the commissioner of the district. The commis-
sioner shall take a receipt from the surveyor for the tools
furnished him; and shall see that said tools are delivered
by the surveyor to his successor in office.

386. Who to work public roads.—All male persons in
said county shall be compelled under the supervision and
direction of the surveyor of their respective precincts, or
his deputy or agent, to work not exceeding two days in
every year upon some public road in their respective pre-
cincts, not more than five miles from their place of resi-
dence, with the following exceptions, namely: ministers
of the gospel, persons under eighteen and over sixty years
of age, persons that reside in a town that keeps its streets
in order, and any person who has lost an arm ora leg.
Any person who is otherwise disabled, may be exempted
by the county court; but any such person may commute
the labor required of him in any year by paying the sur-
veyor of his precinct one dollar and fifty cents on or before
the first day of August; and it shall be the duty of every
road surveyor to post a copy of this section at three or
more public or conspicuous places in his road precinct on
or before the fifteenth day of July in every year. Any
surveyor may work the whole, or any number of hands, as
he deems best: provided, however, that not less than three
hands shall be worked at one time.

37. To work when notified; fine for failure; how fine
collected.—Every person required to work on the public
roads, who has not commuted his road labor, shall, either
in person or by a sufficient substitute, when notified by
the proper surveyor one day previous to the day appointed
by him for working the road, attend with proper tools and
do such work as the surveyor may direct. For every day on
which there may be a failure, a fine of seventy-five cents
shall be paid to the surveyor by the person in default if
of full age, or if an infant, by his parent or guardian.
It shall be the duty of the surveyor to collect said fine, and
he shall have the right to distrain therefor, or otherwise
collect the same in the mode prescribed for the collection
of taxes and county levies: provided, however, that such
delinquent may, after notice to such surveyor, apply to the
county court, or judge thereof in vacation, or to the super-
visor of his district, and, for good cause shown, have said
fines released or remitted.

38. How fines and commutations expended.—The sur-
veyor shall have the right to expend all fines and commu-
tations in employing labor and hiring team and imple-
ments to put his road in good condition.

39. A day’s work.—A day’s work, wherever mentioned in
this act, shall be ten hours.

40. Repair of minor bridges.—When a surveyor finds it
necessary to build or repair a bridge where the expendi-
ture will not exceed twenty dollars, he shall make applica-
tion to the commissioner of roads for his district for
authority to purchase such material as may be necessary
to build or repair the same; and such commissioner, by an
order under his hand, may authorize him to expend such
amount as to him shall seem proper for such purpose, and
shall direct what kind of material shall be used.

41. Reports of surveyors.—Every surveyor shall make
quarterly reports, under oath, to the commissioner of his
district of all moneys collected, whether consisting of fines
or commutations of road labor, from whom, and the date
when received; all expenditures, when and to whom made,
and return vouchers therefor; the number of days he
worked his road during the quarter; how many hands he
employed each day, and whether they were hired or per-
sons liable to road duty; also the names of those failing to
work when duly notified, and what steps were taken by
him to collect the fines from said delinquents, and from
whom he was unable to collect said fines. Also he shall
make an estimate of what expenditures will be required on
his road, and suggest how they shall be made.

42. Warrants for bridges.—Whenever it appears from
the surveyor’s report that he has built or repaired a bridge
that was previously ordered by the commissioner, and
that the bridge was built or repaired in accordance with
said order, the commissioner shal! draw a warrant on the
county treasurer, payable out of the district fund, in fa-
vor of such persons and for such sums as said surveyor’s
report may show to be due.

43. Reports of commissioners of roads.—Each commis-
sioner of roads shall examine the roads in his district at
least once in every three months, and make a quarterly
report to the county court of the condition of each road
precinct, the work done in the same, and all delinquencies
or cases of neglect by surveyors, which report shall be
sworn to by the commissioner. In the last quarterly re-
port in each year, the commissioner shal! also include an
account of al] moneys expended during the year, whether
by the surveyors of his district or himself, and all work
done; also make an estimate of the necessary amount re-
quired for the coming year, the work which will be re-
quired, and suggest as to the best mode for working and
improving the roads.

44. Derelictions of duty on part of surveyors.—When-
ever it appears from the report of the commissioner of
roads, or the sworn complaint of any citizen of the county,
that the surveyor of any precinct does not keep his road
in proper order, or is guilty of any dereliction in the dis-
charge of his duties, it shall be the duty of the attorney
for the commonwealth of the county to file in the county
court an information against the said surveyor, or prefer
to the next grand jury an indictment based on said report
or complaint; and the court shall award against said sur-
veyor a summons to answer said information or indict-
ment, as the case may be; and shall proceed to try said
information or indictment, and if the jury find him guilty,
they shal] impose a fine upon him, not less than five nor
more than thirty dollars. The failure to pay any fine so
imposed shall be deemed a breach of the condition of the
bond executed by the surveyor on his qualification. All
such fines collected from a surveyor shall be expended
upon the roads in his precinct, and all the sums recovered
on the bond of a commissioner of roads for dereliction of
duty shall go into the fund of the district of which he
was commissioner.

45. Removal from office of commissioner and sur-
veyor.—Commissioners of roads and surveyors of roads
shall be liable to be removed from office by the county
court for malfeasance, misfeasance, incompetency or gross
neglect of official duty; and any person, after being sur-
veyor for two years, may give up his office, if his road be
in good order, and shall not, within two fears thereafter, be
appointed surveyor without his consent. All proceedings
under this section shall be by order of, or on motion be-
fore, said court, upon reasonable notice to the officer to be
affected thereby; and such officer shall have the right to
demand a trial by jury.

46. Commissioners of roads to submit an estimate to
board of supervisors.—Each commissioner of roads shall,
ten days before the annual meeting of the board of super-
visors, submit to said board an estimate of the amount in
his opinion necessary to be expended on the roads in his
district for the ensuing year; and in said estimate shall
distinguish between the amount necessary to be expended
in establishing or altering roads or Jandings and widen-
ing or straightening roads, and building and repairing
bridges where the probable expenditure will exceed twenty
dollars; and the amount necessary to be expended in
working and draining the roads, and building and repair-
ing bridges where the probable expenditure will be less
than twenty dollars.
47. Levy by the board of supervisors.—The board of
supervisors shall, at their annual meeting, levy upon the
assessed property of each magisterial district an amount
sufficient for working and draining the roads in that dis-
trict, and for building and repairing the bridges of the
same in all cases where the probable expenditure will not
exceed twenty dollars, and shall levy upon the assessed
property of the county at large an amount sufficient for
establishing or altering roads or landings, widening or
straightening roads, and building and repairing bridges
where the probable expenditure will exceed twenty dol-
lars; but that the levy in both cases shall not exceed fif-
teen cents on the one hundred dollars of the assessed value
in any district; which levy is to be applied to no other
purpose, and shall be extended on the books of the com:
missioner of the revenue by the designation of “ road

ax.

48. Apportionment of the levy made for working the
roads, et cetera.—The amount realized from the levy made
in each magisterial district for working and draining the
roads, and building and repairing bridges where the prob-
able expenditure will not exceed twenty dollars, shall be
apportioned by the commissioner of roads for that dis-
trict amongst the several road precincts in said district,
according to their respective needs and requirements,
taking into consideration the character of said roads and
the difficulty and expense of keeping them in order, and
the means, other than the levy, under the control of the
surveyor.

49. Appeal from commissioner’s apportionment.—F rom
the commissioner’s apportionment the surveyor of the
precinct or any ten of the persons required to work the
same, may appeal tothe board of supervisors, who shall,
at their next meeting, hear and decide the same. The
commissioner shall file with the clerk of the said board a
copy of his apportionment within ten days after the same
is made.

50. Compensation of commissioner of roads. — Each
commissioner of roads shall receive as compensation three
dollars per day for the time actually and necessarily em-
ployed in performing the several duties required of him
under this act; but not to exceed thirty dollars in the
district of the Islands, nor one hundred dollars in each of
the other districts in any one year.

51. Compensation of surveyors.—Each surveyor of roads
shall receive as compensation two dollars per day for time
actually and necessarily employed on his road, but not to
exceed fifty dollars in any one year; and also five per
centum commission on all fines or commutations received,
and on all moneys disbursed.
52. All acts or parts of acts inconsistent with this act
are hereby repealed.

53. This act shall be in force from its adoption by the
board of supervisors of said county.