Chap. 735.—An ACT for working, keeping in repair, and building the roads and
bridges in Buckingham county.

Approved March 4, 1896.

1. Be it enacted by the general assembly of Virginia, That the
judge of the county court of Buckingham county shall take charge
of and have kept in repair all the roads and bridges established in
said county.

2. Road engineer; his appointment and duties.—The said judge
of the county court shall, as soon as possible after the passage of
this act, appoint a competent engineer or surveyor, who shall be a
resident of the county, and whose duty it shall be to inspect all of
the public roads and bridges in the county and report upon their
condition, with such plans, specifications, and estimates for working,
repairing, or building the same as he may deem best, and such
report, plans, specifications, and estimates shall be delivered to the
judge of the county court not later than the second Monday in July,
eighteen hundred and ninety-six, and semi-annually thereafter, on
the second Monday in November and the second Monday in April,
and he shal! make such other examinations and reports upon the
roads and bridges of the county whenever in the opinion of the
judge of the county court it may be deemed necessary.

8. His term; qualifications and bond.—The term of office of such
road engineer or surveyor shall be two years, commencing on the
first day of July next succeeding his appointment. He shall be
appointed bi-ennially prior to the first day of June next preceding
the commencement of his term. Said engineer shall qualify and
enter into and acknowledge bond before the court or judge before
whom he qualifies, with surety to be approved by such judge or cour
in a penalty at least equal to double the annual allowance for him
and failure to qualify and give bond as aforesaid prior to the first
day of July next after his appointment shall vacate his office. Such
bond shall be payable to the board of supervisors of the county, with
condition for the faithful discharge of his duties. A vacancy in the
office of road engineer shall be filled by the judge of the county
court, and in case of a vacancy when the office has been filled partly
by one engineer and partly by another in any one year the annual
compensation shall be apportioned between them by the judge of
the county court in such manner as may be just. A recovery on
such bond shall be for the benefit of the county road fund.

4. Pay of road engineer; by whom fixed.—The judge of the county
court shall fix the amount of compensation which the engineer of
roads shall be entitled to receive per annum, but in no case shall the
compensation exceed one hundred and twenty dollars per annum.

5. Road superintendents; their appointment and duties.—There
shall be appointed by the judge of the county court a road superin-
tendent for every election district, who shall be a resident and
voter thereof, and whose duty it shall be to superintend and direct
the repairs and keeping in order and building all county roads and
bridges within his election district in such manner and under such reg-
ulations and restrictions as may be prescribed by the judge of the
county court.

6. Their terms, qualification and bonds; how vacancies filled.—
The term of office of such road superintendents shall be two years,
commencing on the first day of July next succeeding their appoint-
ment. They shall be appointed bi-ennially prior to the first day of
June next preceding the commencement of their term. Said super-
intendents shall qualify as other district officers are required by law to
qualify, and each of them shall enter into and acknowledge bond before
the court or judge before whom he qualifies, with surety to be ap-
proved by such judge or court, in a penalty at least equal to double
the annual allowance made for him; and failure to qualify and give
bond as aforesaid prior to the first day of July next after his ap-
pointment shall vacate his office. Such bond shall be payable to the
board of supervisors of the county and with condition for the faith-
ful discharge of his duties. A vacancy in the office of road superin-
tendent shall be filled by the judge of the county court, and in the
case of a vacancy where the office has been filled partly by one su-
perintendent and partly by another in any one year the annual com-
pensation shall be apportioned between them by the said judge of
the county court in such manner as may be just. A recovery on any
such bond shall be for the benefit of his road district.

7. The judge of the county court to prescribe rules and plans for
working roads, and so forth.—The judge of the county court shall
examine the plans, specifications and estimates for working, repair-
ing and building the roads and bridges furnished by the road engi-
neer, and shall select therefrom such plans and specifications as he
may deem best, and prescribe such restrictions and directions as he
shall deem best for the working, keeping in order, repairing and
building the roads and bridges in the several districts in the county,
including any special plans, specifications, restrictions or directions
which he may prescribe for particular roads or bridges, and said
plans, specifications, restrictions or directions shaJ] be noted upon
the records of the board of supervisors, and a copy thereof shall be
given to each road superintendent by the clerk of said board.

8. Pay of road superintendent; when and by whom fixed.—
The judge of the county court shall determine the amount of com-
pensation (according to the plans he shall adopt) which each super-
intendent shall be entitled to receive per annum, taking into con-
sideration in fixing the compensation the reasonable amount of
labor and supervision to be performed in each district. Such com-
pensation shall be fixed at lest thirty days prior to his appointment,
and shall not be increased or diminished during his term of office
unless the appropriation or expenditure for roads and bridges in his
district be increased or diminished during his term, and shall not
be less than thirty or more than one hundred dollars for any one
year for any one district.

9. Notice thereof to be given.—The judge of the county court, at
least twenty days prior to any such appointment, shall give notice
of the amount of such compensation either by publishing or posting
the same, and such notice shall include a brief statement of any
requirement as to any particular road or bridge.

10. Apportionment of roads which divide districts.— Where public
roads form dividing lines between election districts the judge of
the county court shall divide such roads between the superintend-
ents in contiguous districts as he may deem best.

11. When judge of county court may remove road engineer and
superintendents.—The judge of the county court shall have power
to remove the road engineer or any superintendent any time during
his term of office for neglect of duty or malfeasance in office.

12. Judge of county court shall require inspection of roads and
bridges.—It shall be the duty of the judge of the county court to
keep himself informed as to the condition of the public roads and
bridges in the county, the manner in which they are worked and
kept in repair, and whether or not the superintendents of the several
districts have fully performed their duty, and for that purpose he
shall require the road engineer to inspect all the roads and bridges in
the county at least once in every six months, and make a report in
writing thereon to the judge of the county court on the second Mon-
day in November and the second Monday in April in each year, and
file the same in the clerk’s office of the county court.

13. Annual report of superintendents.—Each superintendent shall
annually at such time as the judge of the county court may deter-
mine, report to him on oath the general condition of the public roads
and bridges in his district; the amount of money or labor, or both,
expended or performed on said roads and bridges, and in the employ-
ment of contractors, laborers or materials, and such other matters
relative thereto as the judge of the county court shall suggest anc
require.

14. When to receive their pay.—When such report has been mad:
and the judge of the county court is satisfied that the superintend.
ent has fully discharged his duties as such it shall be the duty of the
judge of the county court to certify the same to the board of super
visors, and then, and not before, the board of supervisors shall iseus
the warrant to him for the amount of his compensation.

15. Penalty on superintendents.—Every superintendent shall be lia
ble to prosecution for any neglect of duty or malfeasance in office, and
upon conviction shall be fined in each case not less than five nor
more than fifty dollars, and the semi-annual report of the road engi-
neers required by the provisions of this act may be taken as evidence
on which to found any such prosecution.

16. Levy of road tax; how limited; how collected and expended.—
The board of supervisors of the county shall annually levy, along
with the county levy, a tax upon the property, real and personal,
assessed for taxation in the several magisterial districts of their
county, which shall be applied to the working, keeping in order and
repairing the public roads and bridges in such district, and the com-
pensation of the road engineer, superintendents and county judge
provided for by this act. Such tax shall be not less than ten or
more than twenty cents upon every one hundred dollars in value of
said property, and the same shall be collected, accounted for and paid
out on the warrant of the board as if it were a county levy, except
that the fund collected from each magisterial district shall be kept
separate by the county treasurer, and a different rate of tax may be
prescribed for different districts in the same county. The amount
collected in each district shall be expended thereon.

17. Condition in which superintendents shall keep roads; sign-
boards; foot and other bridges.—Every such superintendent sub-
ject to the control, specifications and directions of the judge of the
county court, as hereinbefore provided, shall cause the roads in his
precinct to be kept cleared, smoothed of rock and obstructions, of
necessary width, well drained, and otherwise in good order and secure
from falling of dead timber therein; and shall cause to be placed and
kept at the fork or crossing 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, when it is necessary and prac-
ticable, a sufficient bench-bridge 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,
subject to the control, specifications and directions aforesaid, cause
it to be made twelve feet broad at least, and safe and convenient,
and cause every bridge or causeway in his district to be kept in as
good order as the means in his power will permit.

18. Schedule prices for team and implements.—The judge of the
county court shall from time to time fix the price allowed for the
use of teams, plows and other implements on public roads, and pre-
pare a schedule thereof, a copy otf which shal! be delivered to the
clerk of the board of supervisors to be filed, and a copy shall be de-
livered to each superintendent by the said clerk; provided that no
price be allowed for the use of any implement the market value of
which does not exceed one dollar. Upon application of a superin-
tendent, certified by the judge of the county court, such tools as may
be necessary to keep his road in order shall be furnished him by the
board of supervisors.

19. Material for roads and bridges; how procured.—The superin-
tendent of any district may take from any convenient lands so much
wood, stone, gravel, or earth as may be necessary to be used in con-
structing or repairing any road, 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 arti-
cles be not taken from and such ditch be not cut through any lot in
a town, yard, or garden without the consent of the owner.

20. Compensation to owner in such case.—If the 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
requiring them to view the said Jands and ascertain what is a just com-
pensation 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 judge of the county court during term,
and an allowance shall be made therefor in the next county levy.

21. When court may authorize additional expenditures for mate-
rials and labor.— When great and unforeseen damage casually occurs
to any road, or when any superintendent is unable with the means
and labor at his disposal to keep his road in good order, he may ap-
ply to the county court for authority to purchase material or imple-
ments, or to hire such additional labor or teams as may be necessary
to repair such damage or keep his road in order, and such court may
authorize him to expend such amount as to it shall seem proper for
such purpose; provided, however, that the application shall be ap-
proved, in writing, by the road engineer. Such superintendent shall
return to the court a particular account, on oath, of all the expenses
so incurred, and if the same be approved by the road engineer and
the court is satisfied of the correctness of the account, it shall allow
the same, or so much thereof as may be proper, to be paid out of the
county fund.

22. Pay of clerk of board of supervisors.—The clerk of the board
of supervisors shall receive for the duties to be performed by him
under the provisions of this act compensation to be fixed and allowed

to him by the said board not to exceed twenty-five dollars per annum.

23. Pay of the judge of the county court.—The judge of the county
court shall receive for the duties to be performed by him under this
act the compensation of fifty dollars per annum.

24. Claims for labor; material; how paid.—aAll claims for labor
performed or material furnished on roads or bridges shall contain
itemized statements of the amounts under oath, and shall be certi-
fied by the superintendent of the district in which the work was
done or material furnished when presented to the board of super-
visors before they shall issue a warrant therefor.
25. The said judge of the county court shall have power and he
is hereby authorized to employ upon the county roads, or any portior
thereof, all vagrants and criminals confined in the county jail, anc
all persons confined in said jail in default of the payment of fines
imposed upon them, said parties to be worked under the supervision
of said superintendent under such rules and regulations as the judge
of the county court may prescribe. But in such case the board
maintenance, and cost of guarding such persons when necessary
shall be paid for out of the road tax for the district in which they
are worked for the time being, and shall not be charged upon the
state, as now provided by law, in case they remain in jail and are
not worked upon roads as aforesaid.

26. The road tax levied for the year eighteen hundred and ninety-
six shall be used and expended by the board of supervisors in
accordance with the provisions of this act.

27. The existing laws regarding the foregoing subjects shall be,
and they are hereby, repealed in so far as they are applicable to the
county of Buckingham.

28. This act shall be in force from its passage.