Chap. 101.—An ACT to provide for the opening and working of roads and keep-
ing the same in repair, and to provide for erecting and maintaining bridges in
the county of Culpeper.

Approved January 25, 1898.

1. Be it enacted by the general assembly of Virginia, That it shall be
lawful for the county of Culpeper to locate, open, change, and repair
highways, roads, and bridges as follows:

2. That for each magisterial district in the county of Culpeper 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 pur-
poses 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 commissioner of roads shall be appointed
by the judge of the county court as hereinafter provided. The designa-
tion 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 bouuds within the lines of the old township shall remain as they
now are unless and until they shall be changed by said board.

4. That annually there shall be appointed hy the said board not later
than the first Saturday in June of each year, one overseer of roads for

each sub-road district, whose term of office s shall be for one year, begin-
ning on the first day of July succeeding his appointment. He shall re-
side in the magisterial district in which his sub-road district 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 ap-
pointed, or fail to work the roads in his district according to law, when
directed by the road commissioner, or when it shall be his duty, he shall
be liable to a fine not exceeding fifty dollars; but any person, after being
overseer for two consecutive years, may give up his oflice on producing
a certificate to the board, from the road commissioner, or other satisfac-
tory 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 removed;
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: provided, that if such overseer shall
employ or work on any of the public roads less than six hands in a day,
each working a whole day, he shall receive twenty-tive cents per day for
each hand so employed and doing a day’s work.

6. That biennially 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, be-
ginning on the first day of July next succeeding his appointment; he
shall reside in the district for which he is appointed. Each commis-
sioner of roads thus appointed shall qualify before the judge of the
county, in court or during vacation, and shall, at the time of his qualifica-
tion, give bond with good personal security in not less than two thousand
dollars nor more than five thousand dollars.

7. That the commissioner of roads shall have charge of all the roads
in his magisterial district. Huis duty shall be to see that all roads in his
district are of the proper width, and in all cases where they are not to
notify the persons trespassing by written notice; and if the obstructions
are not removed after reasonable notice, not to exceed ninety days, he
shall direct the overseer of the district to remove the fencing or other
obstruction, and may recover the expenses, with costs, from the tres-
passer upon judgment of a justice of the peace; and if said obstructions
are intentionally placed in any public road or any drains leading there-
from, or if the same are not removed after notice as aforesaid, the person
placing the same there or refusing to remove them shall be hable to a
fine not exceeding fifty dollars fur each offence. He shall examine the
roads in his district twice in each year, in the months of June and No-
vember, 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 con-
tractor 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 therefor as provided in section eleven of this act;
but if upon such examination he shall find that such contractor or over-
seer has executed his contract or performed his duty according to law or
his contract he shall give him a certificate to that effect, with a statement
showing 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 the contractor, under the direction of the overseer, it
shall be the duty of the overseer to give a like certificate. His compen-
sation shall be two dollars per diem for each day in which he has been
or may be actually emploved in discharging his duties under the pro-
Visions of this act, not to exeecd thirty dollars in any one year, to be
paid by the board of commissioners of roads, for the respective miagis-
terial districts. [f any such commissioner of roads fail to discharge his
duties as provided in this aet he shall be Hable to a tine not exceeding
fifty dollars for each failure,

S. That the commissioner of roads for the district and the overseer of
the sub-district shall let to contract at public letting, to the lowest and
best bidder. for aterm of three vears (except ina case of a new road,
then it shall be lef until the next general letting). all the roads im each
district not exceeding two mitles in one section, of the time and place of
Which Jetting they shall give ten days’ notice by printed hand-bills
posted iat least three places ineach read district. “The specifications
of such contract shall be sneh as will effectually open new reads and

coustantly keep in repair and clear of all impediments to safe and con-
verdent travel all publie 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 specitied
that the bed of the road shall be raised inthe middle and slope gradually
each way to the sides, where ditches sullicient to carry off the water
shall be made and kept open: provided, that the contract and price in
no case exceed the estimate made by the overseer and commissioner of
roads.

That it shall he the duty of the said road cominissioner and the
overseer, Within thirty days preceding the day of pubhe letting, as
directe ae in the precedime section of this act Cand within the same period
of time preceding the expiration of each and every term of vears there-
after), to lay out and divide the public roads and highways in the said
district into sections not exceeding two iniles in leneth, which thev
shall number and deseribe ina book kept fer the purpose. They shall
uso distinetly specify therein what they deem necessary for the improve-
ment and keeping in good repair the said public ronds and highways,
with an estimate of the amount of money which it will require to im-
prove and Keep oan repair each and every section of the said) reads, re-
spectively, for the term: of years approved of and desisnated as provided
for in section seven of this act. The read book herein provided for
shall be retuyned to and: preserved by said) board, and shall be open to
the dispection of any citizen of the county,

10. Each contractor shall sign dis name ina 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 hy 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 description of sections con-
tracted for, All contractors shall give bond and seeurity in such sum
as the board shall deem sufficient, in a penalty not less than twenty-five
dollars nor more than double the contract price.

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 scetion, and if the con: plaint i is well
founded shall give immediate notice in w riting to the party to make or
put his road or section in repair according to law, or as the contract re-
quires, and upon his failure to do so the overseer shall procced to put
the same in order, and the expense thereof with costs of suit, shall be
recovered by the commussioner of roads in the name of the board, from
the contractor and his securities, as other debts are recoverable.

Every contract price provided for in any contract made under the three
preceding sections of this act shall be paid out of the district) funds
mM Which the road or section which is the subject of such contract is, but
ho pavinent shall be made of any moneys under said contract until the
same shall have been allowed by the board of road commissioners of the
district after satisfactory evidence of the proper fulfillment of such con-
tract has been presented to them, in which case they shall allow the same
and order the payment thereof.

That if a section remain unlet by reason of there being noe bidder,
or the amount offered be deemed unjust, the commissioner of roads and
overseer of the district may Jet the same by private contraet, the con-
tract price not to be more than estimated by the overseer and commis-
sioner of roads, and no supervisor of said county or commissioner of
roads or other person authorized to represent the county In contracting
for the working of anv roads thereof, shall be in any way interested im
anv contract provided for in this act, and any violation of this provi-
sion 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 purpose
may employ such number of laborers, teams, wagons, and plows as
may be necessary, and a just allowance shall be made for the
labor, teams, plows, and other implements which may be furnished
by private Individuals, such allowanee not to excced 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. And upon all roads which
are hot worked by contract, as provided in the preceding sections of this
act. the bridges shall be built and maintained as follows:

If the cost of building or repairing a bridge will be less than one hun-
dred dollars, the same shall be built or repaired under the direction of
the commissioner of roads or the overseer of roads, and paid for out of
the road fund of the district in which the bridge is or is proposed to be
built. If the cost of such building or repair will be one hundred dol-
lars or more then application shall be made by the commissioner. of
roids for said district, or if the location be between the two districts,
by the conmmissioner of roads of either of said districts, to the board of
supervisors of the county, to authorize the said bridge to be built or the
repairs to be made. Said board, after hearing evidence as to the neces-
sity therefor, shall determine whether the same is expedient, and if it
shall decide in favor of the application, it shall direct the read commis-
sloner or commissioners, of the district or districts in which the bridge
Is or is proposed to be located, to contract for the work; but all such
contracts must be ratified and approved by the board. But the said
board of supervisors may, in its diserction, direct the work to be done
by the commissioner of roads in such manner and upon such terms as
it may be deemed most expedient, and the costs of building or repairing
such bridges shall be paid out of the county treasurv, after the work
shall have been accepted and approved by the board of supervisors,
But, if either before or after the work has been done, it is ascertained
that the cost of building or repairing such bridge is or will be less than
one hundred dollars, then such cost shall be paid by the board of com-
inissioners of roads out of the road fund of the said district or districts.

13. That when any contractor shall die or remove from his district,
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
inay release the said contractor from) his contract, and shall let the sec-
tions for the remainder of the term in the same way and on the same
conditions as at the first letting.

14. 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 for
the district in which the road is, who shall examine the said road and
ascertain and report to the court the practicability of and necessity for
the same, and shall ascertain and report whether, in his judgment, a
more desirable location can be obtained, and shall endorse upon said
petition his approval or disapproval of the same, with his reasons therefor
as above provided, which petition and the commissioner's report shall be
laid before the county court at its next term, in open court, and if the
court is of opinion from the said report of the commissioner of roads
that there is probable necessity for the said road, or proposed change of
road, and that it is expedient to open or change the saine, it shall ap-
point three discreet freeholders to view the ground of such new road or
proposed change; but if the commissioner of rvads disapproves the said
road or proposed change, for reasons satisfactory to the court, the court
may, at the term at which the petition is filed, or at the next succeeding
term, hear evidence upon said petition, and if it be of opinion that
there is a probable necessity for the said road, and that it is expedient
to open the same, it shall likewise appoint three discreet freeholders to
view the ground of such new road or proposed change, and the county
or other competent surveyor shall accompany the viewers, and if neces-

sary 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 and where the viewers
shall meet shall be given in some public manner in the vicinage of the
proposed road at least five days before the time of meeting. The view-
ers, 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. They shall examine the proposed new road or
change of road and ascertain and report the practicability and necessity
for the same, the character of the work to be done, to properly open and
establish the same, and all such facts as will fully advise the court of
the propricty of opening, establishing or changing said road, as asked
in the petition. They shall further report the probable cost of the work,
and shall also ascertain and report whether a more feasible or desirable
route can be obtained, and if they recommend a different route from
that asked in the petition they shall report as to it in the same manner
as they are required to report with reference to the road asked in the
petition. If they decide that there is a public necessity for the road or

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change they shall lay out the same, having respect for the shortest dis-
tance and best ground and so as to do the least injury to private pro-
perty, and also, so far as practicable, to be agreeable to the petitioners.
They shall assess the damages 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 the court; but in no case shall any vard, garden, orchard or
graveyard, or any part thereof, be taken without the consent of the owner.

16. Upon the filing of said report the proprietors and tenants of lands
upon which said road will be, if established, shall be summoned to show
cause against the said report, and any proprietor or tenant of lands on
which said road be, if established, or any citizen interested, may enter
himself a party defendant to the said petition, after which the same pro-
ceeding shall be had as under the general road law of the state upon the
return of the report of commissioner of roads. If no person is entered
a party defendant to the said petition, and the court is satisfied that the
public interest will be subserved by opening the said road, or making
the proposed change, and the payment of the costs and damages as re-
ported, it shall approve said report and order the said road to be opened
or the proposed change to be made and the damages to be paid: provided,
however, that the court may, in its discretion, adopt any other route
which may appear most feasible and to the public interest: provided,
further, that the court may, if the expenditure proposed or the character
of the road is such as to render it proper, in the opinion of the court,
direct the commissioner of roads to let the opening or change of said
road by contract, and may direct the reception of bids therefor, ratify
or reject the same, or any of them, direct the plan, specifications, and
manner of execution of the work and the materials to be used, or it may,
in its discretion, limit the expense to be incurred in opening or changing
any proposed road. And in any case, if the court sce proper, it may
refer the application to the board of supervisors of the county for infor-
mation as to whether or not it is expedient to make the expenditure re-
quired in opening or changing the said road. Either the applicant or
the defendant shall have the right of appeal from any final order of the
court in any proceeding to open or change a road to the circuit court,
upon which appeal the same proceedings shall be had as are had in
cases of appeals in road cases under the general laws of this state. The
costs of opening or changing the said road, including the costs of the
view and survey and the damage allowed, shall be paid out of the county
treasury, but no such opening or change shall be made through any en-
closed lands except by consent of the proprietor until the damages al-
lowed him shall be actually paid.

17. That the county court shall, at the time when any new road is es-
tablished, direct what width the roadbed shall be made, and shall have
power to regulate the width of all roads: provided, that the land con-
demned for any new road shall not be less in width than thirty feet.

18. That the court may, in its discretion, recommit any report of the
viewers to the same or other viewers for a further report upon the same
or any other route. The viewers and commissioner of roads shall each
be paid one dollar per diem, and the county or other surveyor twa dol-
lars per diem, to_be paid out of the county treasury.
19. 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.

20. That in case of a road being the dividing line between two magis-
terial districts the commissioners of roads of the adjoining districts shall
divide the said road between such districts in such way as will equitably
divide the expense, if they ean agree; and in case they cannot agree,
the county court shall divide the Kame, and direct what part of the Toad
shall be opened and kept in repair by each magisterial district.

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

22. That the board of commissioners of roads for their respective dis-
tricts shall annually in the month of July of each year lay a road tax,
hot exceeding twenty 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 trea-
surer 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 Culpeper, said board of commissioners of roads shall hear the
complaint and upon evidence before it assess the damage done to the
contractor and pay the same out of the road tax aforesaid. Should the
contractor be dissatisfied with the decision of said board of commis-
stoners of roads he may, within thirty davs, appeal as of 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 judements of justices of the peace,
and the judgment 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 to the
appeal.

That the treasurer of the county shall collect the road tax in the
saine manner and at the same tines and places he receives the state and
county taxes, and pay the same over to the conimissioners of roads of
the several districts. Ele shall be charged with the full amount of the
read taxes levicd for the vear, and credited by all sums paid over in
money or otherwise as herein provided. The treasurer shall receive as
equivadent to money all accounts for labor, teams, plows, wagons, mate-
rial furnished, or for services rendered in any way, when properly certi-
fied by the commissioner or overseer or allowed bv the road board as
provided in this act, and the same shall be receipted for by the commis-
sioner ax if paid to hin in money. Each commissioner of roads acting
under the provisions of this act shall settle with the board of commis-
sioners of roads on the first Monday of September of each year, or as
soon thereafter as the said board shall mect, 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.
24. That all persons who shall make payment of road taxes on or be
ore the first day of December shall be entitled to a deduction of fiv
rer centum; and any person failing to pay any road taxes to the trea
surer by the first day of December shall incur a penalty equal in amoun
o that incurred for non-payment of state taxes, which shall be adde
o the road taxes and collected and accounted for as provided for in cas
of state and county taxes.

25. That the board of commissioners of roads shall annually o
he first Monday in June audit, adjust, and settle the account
of the treasurer for the preceding year. They shall charge the treasure
vith the full amount of road tax levied in the district, and shall cred
1im by his commissions, delinquents, and all payments made by hi
© the commissioner of roads for which he has the proper receipt. Th
‘reasurer shall receive the same per centum for collecting road taxes a
for collecting the state revenue. He shall pay said road taxes receive
and collected by him, upon warrants issued by the board of commissione)
of roads. The clerk of the board shall receive as compensation for his se
vices two dollars per diem for the time actually engaged im attendance upo
the meetings of the board, not to exceed twelve dullars in any one year.

26. Any person or persons causing water to be diverted from its na’
ural course and conveyed across a public highway, or who, by the ere
tion of waste gates or any other means, shall cause water to flow or |
conducted over such public highway shall place and keep in good repa:
bridges over the same at his or her expense; and if the commissoner ¢
overseer of roads shall notify such person or persons that his or the
bridge is unsafe, and such person or persons fail to make the necessar
repairs, he or they shall be held responsible for all damages, to be recon
ered by warrant before a justice of the peace or court of competent Juri:
diction, that may result from such failure. Within ten days after suc
failure the commissioner or overseer may make such repairs, and requir
such party or parties to pay all costs thereby incurred, which cos
may be recovered before a justice of the peace or court of competer
jurisdiction.

27. That upon the petition of twenty frecholders of each district tl
board of supervisors, if a majority of them shall so determine, ma
direct that the county survevor shall make a survey and map of th
county, showing on the same the boundaries of each magisterial distric
marking the location of towns, stores, mills, postoflices, churches, schoo
houses, and other prominent objects; indicating beds of minerals; a
the mappings to be completed in three years from the first day of Jam
uary, eighteen hundred and seventy-six.

28, That the compensation of the survevor shall be fixed by the boar
of supervisors, and shall not exceed two dollars and fifty cents per die!
for the time actually employed.

29. That the price of the map on rollers shall not exceed five dollar
and that each person whose levy for map purposes shall in three yea
be equal to five dollars shall be entitled to a copy, and each person who:
levy does not reach five dollars shall have a copy by paying the diffe
ence between his levy and the price of the map. The said maps shu
be under the control of the surveyor: provided, the price of the san
shall be fixed by the board of supervisors.
30. At the discretion of the board of supervisors of Culpeper 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 Culpeper.

31. All acts heretofore passed by the general assembly of Virginia in
reference to the county roads of Culpeper county are hereby repealed,
except an act approved February nineteenth, eighteen hundred and
ninety-six, in reference to working roads in Stevensburg magisterial dis-
trict of said county, and in such other districts as may adopt the
same.

32. All incumbents of offices under the road law now in force in Cul-
peper will continue in oflice and discharge the duties of the same until
their successors are duly appointed and qualified under the provisiuns
of this act.

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

ADDENDUM.

Schedule of prices allowed for the use of teams, plows and wagons:

For four-horse team, wagon and driver, three dollars; for two-horse
team, wagon and driver, two dollars; for ox team, wagon and driver,
two dollars; for plow, two horses and driver, three dollars.