Chap. 744.—An ACT to provide for the working and keeping in order the pub-
lic roads in the counties of Greene and Madison.

Approved March 5, 1894.

1. Be it enacted by the general assembly of Virginia, That when,
in the opinion of the county court of Greene and Madison counties,
it 18 necessary to examine any of the roads existing in the counties,
or such routes for new roads therein as it may designate, it shall ap-
point one or more commissioners, not exceeding three, who shall be
freeholders of the said counties, whose duty it shall be to examine
such roads or routes and report upon the expediency of altering the
location or grade of any existing road, or of establishing any new
road, or of building or repairing any bridge, or may direct them to
lay off any road at such grade as it may prescribe.

2. Every road shall be thirty feet wide, and the grade of no road
hereafter located shall exceed five degrees at any one point, unless
the county court order a different width or different grade.

3. When any person applies to the county court of said counties
to have a road therein established or altered, the court shall, and
whenever without such application it sees cause for so doing, the
court may appoint one or more commissioners, or three or more
viewers, to view the ground and report to the court the conveniences
and inconveniences that will result, as well to individuals as the
public, if such road shall be as proposed, and especially whether any
yard, garden, orchard, or any part thereof, will, in such case, have to
be taken.

4. The commissioners or viewers, acting either under the preced-
ing or the first 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. He may exam-
ine other routes than that proposed for any road, and report in favor
of the one he prefers, with his reasons for the preference. Ile shall
report the names‘of the land-owners on such route, and state which
of them require compensation, the probable amount, in the opinion
of the commissioner or viewers, to which such party may be entitled,
and any other matter which he may deem pertinent. A map or dia-
gram of such route shall be returned with his report. If the com-
missioner or viewer be not surveyor, he shall procure one if neces-
sary.

5. Upon the report, unless the opinion of the court be against es-
tablishing or altering the road, it shall award process to summon
the proprietors or tenants of the lands on which it will be estab-
lished to show cause against the same. The summons shall be exe-
cuted on such of them as are in the said counties, and on any agent
or attorney of any proprietor not within the same. And if there be
no proprietor, tenant, agent or attorney of any proprietor known to
the court, residing within this state, orif the true owners or proprie-
tors of the lands be not known to the court, the judge thereof may
order notice to all to whom it may concern to be published in some
newspaper of general circulation for four weeks successively, to ap-
pear and show cause against the same; the cost of such publication
to be paid by the said counties, not to exceed the cost of publication
now prescribed by law. Personal service of said summons on a non-
resident of this state may be made in the mode prescribed by sec-
tion thirty-two hundred and thirty-two, chapter one hundred and
fifty-eight of Virginia code, edition eighteen hundred and eighty-
seven.

6. Upon the return of the said process so executed, if the court
has enough before it to fix upon a just compensation to the proprie-
tors and tenants, and they are willing to accept what it deems just,
it may determine the matter without further proceedings.

7. But if any tenant or proprietor desire it, or if the court see cause
for so doing, it shall appoint five disinterested freeholders of the
county (any three of whom may act) for the purpose of ascertaining
& just compensation for the land to be used for such road. Said com-
missioners 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 proprietors or tenants, their agents or attorneys, except only
that it need not be given to one present at the time of making the
order. Any one or more of said commissioners attending on the land
as aforesaid may adjourn from time to time till the business shall
be finished. The said commissioners, in discharge of their duties,
shall comply in all respects with the provisions of section ten hun-
dred and seventy-seven and ten hundred and seventy-eight, chapter
forty-six of Virginia code, eighteen hundred and eighty-seven, and
forthwith make return of their report and the certificate of the jus-
tice to the court of the county or corporation; and unless good cause
be shown against the report, the same shall be confirmed. If, how-
ever, good cause be shown against the same, or if the commissioners
report their disagreement, or if they fail to report within a reasona-
ble time, the court may, as often as it seems to it proper, appoint
other commissioners, and the matter proceeded in as before pre-
scribed.

8. When the record shows that the sum allowed by the commis-
sioners as 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 proprietor or tenant shall be ad-
judged to pay the costs occasioned by such order.

9. No road shall be established upon or through any lot in an in-
corporated 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.

10. When the road is established or altered the county shall be
chargeable with the compensation to the proprietors or tenants, with
such costs as the court may allow the applicant, andthe costs of the
commission, except in the case mentioned in the eighth section.

11. A statement, in writing, of the number of days each com-
missioner or viewer appointed under the first or third section and
every surveyor was employed in executing any such order, shall be
sworn to and presented to the court, and the court may allow to each
a reasonable compensation, not exceeding one dollar per day for each
commissioner, and two dollars and fifty cents per day for the sur-
veyor, to be paid by the county.

12. When the court decides against the application of an indi-
vidual to establish or alter a road, he shall pay the costs incurred in
the case, except the compensation of the commissioner, viewers and
surveyor, and except such costs as may be payable by any proprietor
or tenant under the eighth section, and the court may enforce pay-
ment thereof.

13. When any road is altered it shall be discontinued to the ex-
tent of such alteration, and no further. Any person may apply to
have a county road discontinued after posting notice of the intended
application on the first day of a term of the county court at the door
of the court-house of the county, and at two public places in the
neighborhood. The county court, at the next term after that at
which notice may have been so published, shall appoint three or
more commissioners or viewers, to view such road and report, in
writing, whether, in their opinion, any, and if any, what inconve-
nience would result from discontinuing the same. Upon the said re-
port and other evidence, if any, the county court may discontinue
such road; taking care, in every case of an established post road, not
to discontinue the same until another has been substituted.

14. Application may be made to the court of a county to permit
gates to be erected across any road therein, and a notice of such ap-
plication shall be forthwith posted at the 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 discon-
tinued whenever the court may so direct, after like notice of twenty
days.

15. If it be suggested by any citizen of said county to the county
court of the county in which such gate may be that injury or incon-
venience results therefrom, the court shall cause the owner of such
gate tu appear at the next term and show cause why the same should
not be discontinued, and upon the return of such process executed
shall determine whether there ought to be such discontinuance or
not. Ifthe court adjudge that the gate shall be removed, the sur-
veyor of the road precinct shall abate such gate at such time as the
court may order: provided such persons shall have the right of
appeal to the circuit court.

16. The owner or occupier of every 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, floodgates or any waste cut through or
round the dam, and shall erect and keep in good order a strong rail-
ing on both sides of such bridge or dam, unless such railing be dis-
pensed with by the county court. If he fail to comply with this
section he shall pay a fine for every twenty-four hours’ failure of
two dollars; but the fine shall not in any one prosecution exceed
fifty dollars; and where a mill-dam is carried away or destroyed,
the owner or occupier thereof shall not be thenceforth subject to a
fine until one month after the mill shall have been in operation.

17. The county court of said county shall divide into precincts
all the county roads not kept in order under any contract, and as
often as it pleases may appoint a surveyor for each precinct, who
shall hold his office until another be appointed in his stead. The
clerk of the court shall, upon such appointment, issue a writ to the
sheriff commanding him to give information thereof to the person
so appointed, which writ the sheriff shall execute and return to the
court at the succeeding term. The clerk shall, moreover, annually,
at his March court, publish at the door of the court-house a list of
the precincts and of the names of the surveyors. Any clerk or
sheriff failing in such duty shall forfeit therefor five dollars: pro-
vided that whenever a surveyor so appointed shall remove from the
precinct where appointed his office as surveyor shall be vacated.

18. Any person, after being surveyor for four years, may give up
his office, if his roads be in good order, and shall not within two
years thereafter be appointed surveyor without his consent.

19. Every such surveyor shall superintend the roads in his pre-
cinct. He shall cause the same to be kept cleared, smoothed of
rocks and obstructions, of necessary width, well drained and other-
wise in good order, and secure from the falling of dead timber
therein. 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 accommodation of foot-passengers.
When any more important bridge or causeway is necessary, and it
is practicable for him to have it made, he shall cause it to be made
twelve feet broad at the least, and safe and convenient. Every
bridge or causeway in his precinct shall be kept by him in as good
order as the means in his power will permit.

20. The county court of said county, upon the motion of any road
surveyor in any magisterial district therein, or whenever, in the
opinion of the judge thereof, a necessity therefor exists, shall ap-
point three discreet freeholders from such district, whose duty it
shall be to lay off, alter or rearrange any precinct or precincts
therein, and to allot the hands to work the same. Said commis-
sioners shall report to court, as soon as may be, their action in the
premises. Said report shall be filed for exceptions, and at the next
term of said court any person who thinks himself aggrieved thereby
may appear, and, for good cause shown, have the same altered or
amended, otherwise it shall stand confirmed. Said commissioners
shall receive each one dollar per day for their services, payable out
of the county levy.

21. If the surveyor of any road precinct is unable, with the means
and labor at his disposal, to keep in good order his road precinct, he
may apply to the county court of said county, who may authorize
him to hire as many laborers as will suffice to keep his precinct in
good order, or to repair great damages casually occurring, or open a
new road when ordered by the court. The county court may also au-
thorize the surveyor to purchase such material, tools or implements
as may be necessary to facilitate or economize the work in his pre-
cinct. The surveyor shall return to the county court a particular
account, on oath, of the expense so incurred, and for the hire of
teams, plows, and so forth; also the expense of placing and keeping
sign-boards, as before mentioned, and they shall allow the same, or
so much thereof as may be justly due, to be paid out of the county
fund.

22. The board of supervisors shall prepare a schedule, which shall
show the prices allowed for the use of teams, plows and other im-
plements used on public roads: provided that no price be allowed
for the use of any implement the market value of which does not
exceed one dollar. A copy of this schedule shall be delivered to
each surveyor by the clerk.

23. The surveyor of any road may take from any convenient lands
80 much wood, stone, gravel or earth as may be necessary to be used
in constructing or repairing such road 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
such wood and other articles be not taken from and such ditch be
not cut through any lot in a town yard or garden without the con-
sent of the owner.

24. If the owner or tenant of any such lands shall think himself
injured thereby, a justice, upon application to him, shall issue a war-
rant to three freeholders, requiring them to view thesaid lands and
ascertain 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, shall accordingly
ascertain such compensation and report the same to the board of
supervisors; and an allowance shall be made therefor in the next
county levy.

25. Every road surveyor, in addition to what is required of him in
twenty-third section, shall report to the board of supervisors of the
said county, on thé third Monday in June in each year, an exact ac-
count, verified on oath, of all moneys received by him by virtue of
his office during the past year. Said account shall specify the
amount expended by him and the manner in which the same has
been expended, together with the amount, if any, remaining in his
hands unexpended. He shall apply any balance so remaining tothe
use of his road precinct in such manner as said court may direct, or
turn over the same to his successor in office, who shall in like man-
ner account therefor in the next annual report. It shall be the
further duty of said surveyor to embrace in his report the num-
ber of days’ labor performed by him and his hands on his road
precinct during the past year; what alterations, improvements or
repairs he may think should be made during the ensuing year, the
probable cost of the same, and any other matters or suggestions in
relation to his road precinct which he may deem pertinent, or which
may be required of him by said board. It shall be the duty of the
clerk of said board, after the said report has been examined by the
board thereof, to label and file the same in his office.

26. Every surveyor of a road shall be entitled to compensation, at
the discretion of the county court, to be by it certified to the board
of supervisors and paid out of the county levy, not exceeding one
dollar per day for the time actually employed in summoning hands
to work on the road, which time shall be stated in writing and sworn
to. Any surveyor of a road who shall fail to perform any duty re-
quired of him in this act shall pay a fine of not less than five nor
more than thirty dollars.

27. When a bridge or causeway is necessary and it is not practi-
cable for the surveyor to have it built or repaired, the county court
may contract therefor, and to this end appoint one or more commis-
sioners to receive proposals.

28. The court of said county may notify the court of another that
a road is necessary from the line of the former to a place in the lat-
ter, or that a bridge or causeway is necessary over a place between
the two counties. If the court to which such notification is sent
concur in this opinion, it shall, in the former case, proceed in like
manner as when a person applies to have a road established; and in
the latter, it shall appoint three commissioners to meet at such place
between the two counties on a certain day, and agree with the com-
missioners of the other court as to the manner and conditions of
doing the work. Upon this order being communicated to the former
court it shall make a similarappointment. The persons so appointed
shall, after such conference, report the result thereof to the courts
by which they are respectively appointed. Upon such report being
made, such of the courts shall direct the same, or any other com-
missioners, not exceeding three for each court, to unite with the
commissioners of the other court in receiving proposals for doing
the work in such manner and on such conditions as may be agreed
on by the commissioners, or in any other manner or upon any other
conditions that may be concurred in by the two courts.

29. At any time when said county court or county courts are au-
thorized by the laws now in force to appoint commissioners to receive
proposals for building or repairing a bridge or causeway such court
or courts may, in their discretion, authorize the commissioners to de-
termine whether any, and if any, which of the proposals shall be ac
cepted, and to reduce to writing a contract between the county o1
counties, and any person whose proposals they may accept, and tc
take bond from the contractor, with sufficient sureties, in a penalty
at least double the amount which he is to receive under the contract
pavable to the county or counties, with condition for the faithful per.
formance of the contract. Such bond and contract, after being signec
by said contractor, shall be returned by the commissioners to the said
county court or county courts; and if approved and ratified, the fact
shall be entered of record, and the contract and bond shall, from the
time of such approval and ratification by said court or courts, be
binding upon the county or counties and such contractor; and the
said contract and bond shall remain filed in the clerk’s office.

30. If the court to which suchenotification is sent shall fail to ap-
point receivers or commissioners, or if either court shall fail, in any
respect, to do on its part what should be done towards the work, the
remedy, by mandamus, shall lie before the circuit court of the county
whose court is complained of, on behalf of the court of the other
county; and the circuit court shall compel the court complained of
to do what ought to be done in the matter. If it shall appear from
the report of the commissioners of either county that it would be
equitable for the two counties to bear ratably the expense of said
bridge, the county courts of said counties may agree upon an equita-
ble division of the expense of the bridge. If, however, the said
courts cannot agree, the board of supervisors of either county may
take an appeal from the decision of the county court of the other
county to the circuit court of said last named county, which circuit
court shall hear evidence and determine, first, whether the bridge is
needed; and secondly, in what manner the expense thereof should
be equitably divided between the counties.

31. The court of said county may appoint one or more commis-
gioners or surveyors to receive proposals for making, improving or
keeping in order the whole or any part of any road therein; such
keeping in order to be for such length of time as the court may pre-
scribe.

32. The commissioners to receive proposals for any work shall
publish a notice in a newspaper for four weeks, or at the front door
of the court-house on court day, and in the neighborhood at three
or more public places where the work is to be done, that proposals
for such work will be received in writing on the first day of the next
court, or on such subsequent day as may be mentioned in the notice.
The notice shall describe the work to be done, and require such
specifications to be made in the proposals as the commissioners may
determine on.

33. The proposals which may be received shall all be returned to
the court or courts, as the case may be, 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, shall
direct the commissioners, or one of them, to reduce to writing a con-
tract between the county or counties and such person.
34. The commissioners shall report to the court every such con-
tract, signed by the person with whom it is made, and after an order
shall be made by the court or courts ratifying such contract, the
same shall be binding upon the contractor, and the county or coun-
ties, so soon as the contractor gives bond with sufficient sureties, to
be approved by the court, and in a penalty at least double the
amount which he is to receive under the contract, payable to the
county or counties, with condition for the faithful performance of
such contract. Such bond shall be taken by the commissioners and
returned to the court. If approved by the court the fact shall be en-
tered of record, and the bond and contract shall remain filed in the
clerk’s office. The court may appoint one or more commissioners to
superintend the work contracted for, and may make such allowances
therefor as it may deem reasonable, which shall be chargeable on
the county; and no person appointed a commissioner under the or-
der for such contract shall become an undertaker for the work, either
directly or indirectly.

35. The money which the contractor may be entitled to receive
under such contract shall be so levied for as to be paid at the times
at which, by the contract, the same is to be paid. When the con-
tract is with two counties the levy therefor shall be by the supervi-
sors of the two, in proportion to the taxes in each, according to the
last assessment next before such contract.

36. It shall be lawful for the said county court to grant authority
to individuals to construct or build tram roads along the county
roads: provided thev do not interfere with travel along such roads,
the consent of the owner of the fee having been first obtained.

37. For the purpose of carrying into operation the provisions of
this act the county court of said county shall appoint, as soon as
may be, three discreet freeholders in each magisterial district, whose
duty it shall be to lay off their respective magisterial districts into
road precincts, and allot the hands to work on the public roads in
each precinct. Proceedings under this section shall conform to the
provisions of the twentieth section of this act.

38. It shall be lawful for the board of supervisors of said county,
upon the petition of twenty-five freeholders from any magisterial
district or districts affected thereby, to adopt a mixed system of con-
tract and labor for working the roads of such county; such system
may be applied to the whole county or any magisterial district
thereof: and provided, further, that upon the petition of fifty free-
holders of the county, the county court shall have power to set aside
and annul the action of the board of supervisors, after having caused
thirty days’ notice of the filing of such petition to be given to the
clerk of the board. Taxes under this section shall be levied and
collected as other county levies.

39. The board of supervisors shall, at theirannual meeting in July,
or whenever practicable, set aside for road purposes out of the county
levy, not exceeding twenty cents on every hundred dollars’ worth
taxable property,a fund, which fund shall be devoted exclusively to
road purposes.
40. Each supervisor is hereby constituted a road inspector in his
magisterial district, and shall report to the county court the general
condition of the public roads in his district, the repairs needed, the
manner in which the work has been done and any other matter per-
taining to the roads the court may require. Each supervisor shall
receive fifteen dollars a year for this service.

41. The clerk of the county court shall receive for his services
rendered under this act thirty dollars a year, to be paid out of the
county levy.

42. This act shall not be in force except with the’consent of the
board of supervisors and the county court of the counties of Greene
and Madison, which consent of the supervisors shall be recorded by
them in their minutes and that of the county court in its minutes.
This act may be put in force whenever they deem it practicable.