Chap. 793.—An ACT to provide for the working of roads in Fauquier county,
Virginia.

Approved March 4, 1896.

§ 1. Be it enacted by the general assembly of Virginia, That it
shall be lawful for the county of Fauquier, after the first day of
January, eighteen hundred and seventy-tive, to locate, open, change,
and repair highways, roads, and bridges as follows:
§ 2. That for each magisterial district in the county of Fauquier
there is hereby created and established a board, consisting of the
supervisor, a commissioner of roads,:and one of the justices of the
peace for each district, which board shall have the exclusive control
of the roads, bridges, and ferries within its limits, and all taxes
levied for road purposes and for building and repairing bridges shall
be expended in said magisterial district except as hereafter provided.
The justice of the peace constituting a member of said board shall
be chosen and designated by the three justices of the peace elected
and commissioned in the several magisterial districts, and the com-
missioner of roads shall be appointed by the judge of the county
court as hereinafter provided. The designation of the justice who
is to serve on said board shall be in writing, and shall be preserved
and recorded by the board of commissioners of roads. The board
hereby created and constituted is declared to be a body politic and
corporate, and shall be known and designated as the board of com-
missioners of roads for magisterial district.

§ 3. That the sub-road districts as now laid out and described by
metes and bounds within the lines of the old township shall remain
a6 they now are, unless and until they shall be changed by said

oard.

§ 4. That annually there shall be appointed by the said board, not
later than the first Saturday in July in each year, ene overseer of
roads for each sub-road district, whose term of office shal! be for one
year, beginning on the first day of July succeeding his appointment.
He shall reside in the magisterial district in which his sub-road dis-
trict lies and for which he shall have been appointed, and shall
have charge of the roads of his district. If any such overseer refuses
to serve after being appointed, or fail to work the roads in his dis-
trict when directed by the road commissioner, he shall be liable to
a fine, on presentment by the grand jury, not exceeding fifty dollars;
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 or other satisfactory evidence that the roads in
his district are in proper order, and he shall not within two years
thereafter be appointed overseer without his consent.

§ 5. That his duties shall be to see that the roads in his district
are kept in good repair, that the bridges are in a safe condition, that
the roads are kept free from obstruction, that all loose stones are re-
moved; and he shall contract for all tools and implements necessary
for working the roads, subject to the approval of the commissioner
of roads, and shall have custody of the same, and shall perform such
other duties as may be prescribed by law or directed by the board of
commissioners of roads. His compensation shall be one dollar and
fifty cents per diem for each day actually employed.

§ 6. That annually at the May term of the county court there shall
be appointed by the judge of the court for each magisterial district
one commissioner of roads, whose term of office shall be for two
years, beginning on the first day of July next succeeding his appoint-
ment; he shall reside in the district for which he is appointed.
Hach commissioner of roads thus appointed shall qualify before the

judge of the county in court or during vacation, and shall at th
time of his qualification give bond, with good personal security, 1
not less than two thousand dollars nor more than five thousand dol
ars.

§ 7. That the commissioner of roads shall have charge of all th
roads in his magisterial district. His duty shall be to see that al
roads in his district are of the proper width, and in all cases wher
they are not to notify the persons trespassing by written notice ; an
if the obstructions are not removed after reasonable notice, not t
exceed ninety days, he shall direct the overseer of the district to re
move the fencing or other obstruction, and may recover the expenses
with costs, from the trespasser upon judgment of a justice of th
peace. And if said obstructions are intentionally placed in any pub
lic road or any drains leading therefrom, the person placing the same
there shall be liable toa fine not exceeding fifty dollars for eact
offence, to be recovered by action before justice of the peace. He
shall examine the roads in his district twice in each year, in the
months of June and November, and see that the roads and bridges
are kept in good repair by the overseer and contractors; and if he
shall find any overseer or contractor delinquent he shall give him
notice in writing, and on his failure to comply with the law or his
contract shall make the necessary repairs and enforce payment there-
for as provided in section eleven of this act; but if upon such exami-
nation he shal! find that such contractor or overseer has executed his
contract or performed his duty according to the law or his contract
he shall give him a certificate to that effect, with a statement show-
ing the amount such contractor or overseer is entitled to have offset
against his road tax, such certificate to be given before the time fixed
for the collection of said tax; and where work has been done by any
person other than a contractor, under the direction of the overseer, it
shall be the duty of the overseer to give a like certificate. His com-
pensation shall be two dollars per diem for each day in which he has
been or may be actually employed in discharging his duties under
the provisions of this act, and to be paid by the board of commis-
sioners of roads for the respective magisterial districts: provided,
however, that persons applying for a new road, or to lay out, open,
alter, or change a public road, shall, when the same is rejected, be
charged with the per diem compensation of the commissioner of roads.

§ 8. That the commissioner of roads for the district and the over-
seer of the sub-district shall let to contract at public letting, to the
lowest and best bidder, for a term of three years (except in a case of
a new road, then it shall be let until the next general letting), all
the roads in each district not exceeding two miles in one section, of
the time and place of which letting they shall give ten days’ notice
by printed handbills posted in at least three places in each road dis-
trict. The specifications of such contract shall be such as will
effectually open new roads and constantly keep in repair and clear
of all impediments to safe and convenient travel all public roads,
and they shall embrace the making and maintaining of sufficient
bridges over such streams and ravines as may need them, and in
every case except mountain roads it shall be specified that the bed
»f the road shall be raised in the middle and slope gradually each
way to the sides, where ditches sufficient to carry off the water shall
pe made and kept open; provided that the contract and price in no
sase exceed the estimate made by the overseer and commissioner
of roads.

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

§ 10. Each contractor shall sign his name in a book to be kept for
that purpose by the commissioner of roads to a contract embracing
all the specifications in relation to the roads contracted for by him
as provided by the eighth section of this act, as well as the contract
price, the length of time contracted for, and the number and descrip-
tion of sections contracted for. All contractors shall give bond and
security in such sum as the board shall deem sufficient, in a penalty
not less than twenty-five dollars nor more than double the contract

rice.

8 11. That if a contractor refuse or neglect to comply with the law
or his contract, upon complaint the commissioner of roads shall, as
soon as practicable, examine the road or section, and if the com-
plaint is well founded shall give immediate notice in writing to
the party to make or put his road or section in repair according to
law, or as the contract requires; and upon his failure todo so, the
overseer shall proceed to put the same in order and the expense thereof
with costs of suit, shall be recovered by the commissioner of roads
in the name of the board, from the contractor and his securities, as
other debts are recoverable.

§ 12. That if a section remain unlet by reason of there being no
bidder or the amount offered be deemed unjust, the commissioner of
roads of the district may let the same by private contract, the con-
tract price not to be more than estimated by the overseer and com-
missioner of roads, and no supervisor of said county or commis-
sioner of the revenue or overseer of the roads therein, or other per-
son authorized to represent the county in contracting for the work-
ing of any of the roads thereof, shall be in any way interested in
any contract provided for in this act; and any violation of this pro-
vision shall render the contract null and void; and in case there
be no contract, the overseer of the district shall take charge of
the road or section, and make or keep it in repair, and for that pur.-
pose may employ such number of laborers, teams, wagons and plows
as: may be necessary, and a just allowance shall be made for the
teams, plows and other implements which may be furnished by pri-
vate individuals, such allowance not to exceed that made by the
county for like service immediately prior to the passage of this act;
and a day’s work shall be fixed at ten hours.

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

§ 14. That every petition for a new road, or to lay out, open, alter or
change a public road must first be presented to the commissioner of
roads in the district in which the road is, who shall endorse thereon
his approval or disapproval of the same, and his reasons therefor,
which petition and the commissioner’s report shall be laid before
the county court at its next term, in open court, and the court shall
appoint three discreet freeholders to view the ground of any new
road or of proposed change; the county or other competent surveyor
shall accompany the viewers, and if necessary survey and map the
road. The whole number of viewers must view, but a majority may
decide for or against, and they may view and make report of and
estimates for any modification of the route.

§ 15. That notice of the time and place when the viewers shall
meet shall be given in some public manner in the vicinage of the
proposed road at least five days befor the time of meeting. The
viewers, before they proceed to discharge their duties, shall be
severally sworn by the commissioner of roads, or some other person
authorized to administer oaths, to perform their duties impartially
and to the best of their judgment. If they decide that there isa
public necessity for the road or change, they shall lay out the same,
having respect for the shortest distance and the best ground, and s0
as to do the least injury to private property, and also, as far as prac-
ticable, to be agreeable to the petitioners. They shall assess the
damage done to the land through which the road passes, taking into
consideration the advantage to be derived from the road passing
through the land, and shall report in writing to the next term of
court; but in no case shall any garden, yard, orchard, or any part
thereof, be taken without the consent of the owner.

§ 16. That the court shall examine the amount of the damages
assessed, and if satisfied that the public interest will be subserved
by its payment and the opening of the road, or the proposed change,
shall approve the report and order the damages to be paid by the
magisterial district or district through which the road may pass, in
such proportion as the damage may have been assessed in the said
districts, respectively; but upon the return of the report of the
viewers the proprietors and tenants of lands upon which said road
will be if established shall be summoned to show cause against said
report, and if any proprietor or tenant of lands on which said road
will be, if established, may enter himself a party defendant to said
petition, after which the same proceedings shall be had as under the
general road law of the state upon the return of the report of the
commissioner of roads; provided that the viewers and surveyors
sha!l be paid out of the county treasury; and provided, further, that
no such opening or change of road shall be made through any en-
closed lands, except by consent of the proprietor, until the damages
allowed him shall be actually paid.

§ 17. That the county court shall, at the time when any new road
is established, direct what width the roadbed shall be made, and
shall have power to regulate the width of all roads; provided that
the Jand condemned for any new road shall not be less in width than
thirty feet.

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

§ 20. That the clerk of the county court shall keep a road docket,
in which all proceedings in regard to roads in the county shall be
kept on record.

8 21. That in case of a road or line dividing two magisterial dis-
tricts the commissioners of roads of the adjoining districts shall
divide the said road between such districts in such ways as will
equitably divide the expense, if they can agree, and in case they
cannot agree the county court shal] divide the same and direct what
part of said road shall be opened and kept in repair by each magis-
terial district.

§ 22. Any overseer or contractor shall have power to enter upen
any lands adjoining his road or section to make necessary repairs,
drains, or ditches.

§ 23. That the board of commissioners of roads for their respec-
tive districts shall annually in the month of July of each year lay a
road tax, not exceeding fifteen cents on every one hundred dollars
of value of property, real and personal, within their districts, and
immediately certify the same to the commissioner of the revenue for
their respective districts, who shall, thereupon, extend the said taxes
in the copies of his books to be delivered to the clerk of the county
court and to the treasurer of the county. Should any contractor
under the operation of this act be injured or damaged by the repeal
of section nineteen of the aforesaid act, entitled an act to provide
for the working of roads in the county of Fauquier, said board of
commissioners of roads shall hear the complaint, and upon evidence
before it assess the damage done the contractor and pay the same
out of the road tax aforesaid. Should the contractor be dissatisfied
with the decision of said board of commissioners of roads he may
within thirty days appeal asof right to the county court. The board
of commissioners of roads shall be summoned to appear before said
county court, the appeal be heard;without formal pleadings, as are
appeals from the judgments of justices of the peace, and the judg-
ment of the county court shall be final. When the decision of the
board of commissioners of roads is reversed by the judgment of the
county court said board of commissioners shall provide out of said
road tax for the payment of the judgment and all costs incident te
the appeal.

§ 24. That the treasurer of the county shall collect the road tax in
the same manner and at the same times and places he receives the
state and county taxes, and pay the same over to the commissioners
of roads of the several districts. He shall be charged with the full
amount of the road taxes levied for the year, and credited by all sume
paid over in money or otherwise, as herein provided. The treasurer
shall receive as equivalent to money all accounts for labor, teams,
plows, wagons, material furnished, or for services rendered in any
way, when properly certified by the commissioner or overseer, and
the same shall be receipted for by the commissioner asif paid to him
in money. Each commissioner of roads acting under the provisions
of this act shall settle with the board of commissioners of roads on
the first Monday in September of each year, or as soon thereafter as
the said board shall meet, and account for all moneys received by
him from the treasurer for road purposes, and pay over any balances
in his hands to his successor in office, which shall be placed to the
credit of the board and appropriated for road purposes.

§ 25. That all persons who shall make payment of road taxes on
or before the first day of December shall be entitled to a deduction
of five per centum, and any person failing to pay any road taxes to
the treasurer by the first day of December shall incur a penalty
equal in amount to that incurred for non-payment of state taxes,
which shall be added to the road taxes and collected and accounted
for as provided for in case of state and county taxes.

§ 26. That the board of commissioners of roads shall annually, on
the first Monday in June, audit, adjust, and settle the accounts of
the treasurer for the preceding year. They shall charge the treasurer
with the full amount of the road tax levied in the district, and shall
credit him by his commissions delinquents, and all payments made
by him to the commissioner of roads for which he has the proper
receipt. The treasurer shall receive the same per centum for collect-
ing road taxes as for collecting the state revenue. He shall pay said
rqad taxes received and collected by him upon warrants issued by
the board of commissioners of roads.

§ 27. Any person or persons causing water to be diverted from its
natural course and conveyed across a public highway, or who, by the
erection of waste gates or any other means, shall cause water to flowor
be conducted over such public highway shall place and keep in good
repair bridges over the same at his or her expense, andif the commis-
sioner or overseer of roads shall notify such person or persons that his
or their bridge is unsafe, and such person or persons shall fail to make
the necessary repairs, he or they shall be held responsible for all
damages, to be recovered by warrant before a justice of the peace, or
court of competent jurisdiction, that may result from such failure.
Within ten days after such failure the commissioner or overseer may
make such repairs and require such party or parties to pay all costs
thereby incurred, which costs may be recovered before a justice of

the peace or court of competent jurisdiction.
§ 28. That upon the petition of twenty freeholders of each district
the board of supervisors, if a majority of them shall so determine,
may direct that the county surveyor shall make a survey and map
of the county, showing on the same the boundaries of each magiste-
rial district, marking the location of towns, stores, mills, post-offices,
churches, school-houses, and other prominent objects, indicating
beds of minerals; all the mappings to be completed in three years
from the first day of January, eighteen hundred and seventy-six.

§ 29. That the compensation of the surveyor shall be fixed by the
board of supervisors, and shall not exceed two dollars and fifty cents
per diem for the time actually employed.

§ 30. That the price of the map on rollers shall not exceed five
dollars, and that each person whose levy for map purposes shal] in
three years be equal to five dollars shall be entitled to a copy, and
each person whose levy does not reach five dollars shall have a copy
by paying the difference between his levy and the price of the map.
The said maps shall be under the control of the surveyor: pro-
vided the price of the same shall be fixed by the board of supervi-

ors.

§ 31. At the discretion of the board of supervisors of Fauquier
the general road law of this state, except so far as the same is in
conflict with this act, may be in force in the county of Fauquier.

§ 32. All acts heretofore passed by the general assembly in refer-
ence to the county roads of Fauquier are hereby repealed.

§ 33. All incumbents of offices under the road law now in force in
Fauquier will continue in office and discharge the duties of the same
until their successors are duly appointed and qualified under the
provisions of this act.

§ 34. This act shall be in force from its passage.

ADDENDUM.

Schedule of prices allowed for the use of teams, plows, wagons,
and other implements used on public roads, as fixed by the board of
supervisors on the seventh of May, eighteen hundred and seventy-
five:

For four-horse team and wagon (driver’s services being due as la-
borer on road), $3; for two-horse team and wagon (driver’s services
being due as laborer on road), $2; for ox team and wagon (driver’s
services being due as laborer on road), $2; for plow and two horses
(driver’s services being due as laborer on road), $2; and where the
the driver does not belong on the road he is to be paid the additional
sum of eighty cents.