Chap. 156.—An ACT to amend and re-enact an act approved March 4, 1896,
Vitel an act to provide for the working of roads in Fauquier county,
r a.

Approved January 2, 1900.

1. Be it enacted by the general assembly of Virginia, That an act
approved March fourth, eighteen hundred and ninety-six, entitled an
act to provide for the working of roads in Fauquier county, Virginia,
be amended and re-enacted so as to read as follows:

> 1. Be it enacted by the general assemblv of Virginia, That it shall
be Jawful for the county of Fauquier, after the first day of January,
eighteen hundred and seventy-five, to locate, open, change, and repair
highw avs, 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 super-
visor, 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,
and of the bridges and ferries when the same do not cost over thirty
dollars, 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 consti-
tuting a member of said board shall be chosen and designated by the
three justices of the peace, elected and commissioned in the several
mavisterial districts, or failing in which, bv the county court, and the
commissioner 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 re-
corded by the road board. The board hereby created and constituted
is declared to be a body politic and corporate, and shall be known and
designated as the road board for ——————— magisterial district.

S$ 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 as
thev now are, unless and until thev shall be changed bv said hoard.

§ 4. That annually there shall be appointed by the said board (if
in the discretion of said board it is deemed advisable) between the first
and fifteenth day of July, in each year, one overseer of roads for each
suh-road district, whose term of office shall be for one year, beginning
on the fifteenth of the July of his appointment. He shall reside in the
macisterial 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 dis-
trict; if any such overseer refuses to serve after being appointed or fail
to work the roads in his district when directed by the road commis-
sioner, 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 suc-
cessive 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 obstructions, 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 road board. His compen-
sation shall he one dollar and fifty cents per diem for each day actually
emploved. When there is no overseer the road commissioner shall per-
form the duties herein prescribed.

§ 6. That biennially at the May term of the county court there shall
be appointed by the judge of the court one commissioner of roads for
each magisterial district, whose term of office shall be for two vears,
beginning on the first dav of July next succeeding his appointment;
he shall reside in the district for which he is appointed. Each com-
missioner of roads thus appointed shall qualify before the judge of the
county, in court or during vacation, and shall at the time of his quali-
fication give bond, with good personal securitv, in not less than two
thousand dollars nor more than five thousand dollars.

87. That the commissioner of roads shall have charge of all the
roads in his magisterial district. His 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, after
reasonable notice, the obstructions are not removed, he shall direct
the overseer of the district to remove the fencing or other obstruction,
and may recover the expenses with costs from the trespasser upon jude-
ment of a justice of the peace. And if said obstructions are intentionally
placed in any public road or any drains leading therefrom, the person
placing the same there shall be liable to a fine not exceeding fifty dollars
for each offense, to be recovered by action before a justice of the peace.
He shall examine the roads in his district twice in each year, in the
month of June and in October or November, and see that the roads and
bridges are kept in good repair by the overseers 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 and his
contract shall make the necessarv 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 overseer has executed his contract
or performed his duty according to the law and 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
a contractor, under the direction of the oversecr, it shall be the duty of
the overseer to give a like certificate. His compensation shall be two
dollars per diem for each day in which he has been or may be actually
emp'oyed in discharging his duties under the provisions of this act, and
to be paid by the road board 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 overseer
of the sub-district (when there is one) shall let to contract at public
letting, to the lowest and best bidder for a term of three years (except
in 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 hand-hills posted in at least three places in each road district.
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 of 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 be made and kept open: provided, that the con-
tract and price in no case exceed the estimate made by the overseer and
commissioner of roads.

§ 9. That it shall be the dutv of the said road commissioner and
overseer (when there is one), 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
highways 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 road, respectively, for the term of years approved of and desig-
nated, as provided for in section eight 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 description of
sections contracted for. All contractors shall give bond and security
jn 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 the 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 complaint
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 con-
tract requires; and upon his failure to do 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 sureties, as other debts are recover-
able. .

812. 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 contract price
not to be more than estimated by the overseer and commissioner of
roads, and no supervisor of said county or commissioner of the revenue
or overseer of the roads therein, or other person authorized to represent
the county in contracting for the working of any of the roads thereof,
shall be in anvway interested in any contract provided for in this act:
and any violation of this provision shall render the contract null and
void; and in case there be no contract the overseer of the district (and
should there be none, then the road commissioner) shall take charge
of the road or section, and make or keep it in repair, and for that pur-
pose may emplov 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 mav be furnished by private indi-
viduals, such allowance not to exceed that made for the county for like
services as per addendum hereto; work shall be fixed at ten hours.

§ 13. That upon the death or removal from his district of any con-
tractor or upon other satisfactory grounds, said contractor having fully
complied with the terms of his contract to that date, the commissioner
of roads and overseer (if there he one) may release said contractor from
his contract, and shall re-Jet such sections for the remainder of the term
in the same wav and upon 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 frecholders to view the ground of any new road or proposed
change; the county or other competent survevor mav accompany the
viewers, and if necessary survey and map the road. The whole number
of viewers must view, but a majoritv mav 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 before 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 judg-
ment. If they decide that there is a public necessity for the road or
change, they shall lav out the same, having respect for the shortest dis-
tance and the best ground, and so as to do the least injury to private
property, and also, as far as practicable, to be agreeable to the peti-
tioners. They shall assess the damage done to the Jand 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 anv 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 damage as-
sessed, 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 heen 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 proceed-
ings 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 shall be paid out of the county treasury: and
provided further, that no such opening or change of road shall be made
through any enclosed 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 road-bed shall be made, and shall
have power to regulate the width of all roads: provided, that the land
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 sec-
tion sixteen of this act.

§ 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 or line dividing two magisterial districts
the commissioner of roads of the adjoining district 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 shall divide the same and direct what part of said road 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 road board for their respective districts shall annually,
between the first day of May and the first day of August, lay a road
tax, not 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
book to be delivered to the clerk of the county court and to the treasurer
of the county.

& 23. 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 hold the same to the credit of the road boards
for the several districts, and subject to the order of the respective com-
missioners of roads. He shall be charged with the full amount of the
road taxes levied for the year, and credited by all sums 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 re-
ceipted for by the commissioner, as if paid to him in money. Each
commissioner of roads acting under the provisions of this aet shall settle
with the read board on the first Monday in September of each vear,
or as soon thereafter as the said board shall meet, and account for all
moneys received by hin from the treasurer for road purposes, and pay
over any balances in lis hands to his successor in office, which shall be
placed to the credit of the board and appropriated for road purposes.

S24. 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 apy person failing to pay any road taxes to the treasurer
by the first dav of December shall incur a penalty equal in amount to
that incurred for non-pavinent of state taxes, which shall be added to
the read taxes, and collected and accounted for as provided for in case
of state and county taxes.

£25, That the road board shall annually, not later than the first
Monday in September, audit, adjust, and settle the accounts of the
treasurer for the preceding vear. Thev shall charge the treasurer with
the full amount of the road tax levied in the district, and shall credit
him by his commissions delinquent, and all payments made bv him to
the commissioner of roads for which he has proper receipts. The treas-
urer shall receive the same per centum for collecting road taxes as for
collecting the state revenue.

€ 26. Any person or persons causing water to be diverted from its
natural course and conveved across the publie highway, or who, by the
erection of waste gates or anv other means shall cause water to flow or
be conducted over such public highway, shall place and keep in good
repair bridges over the same at his or her expense, and if the com-
missioner 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 davs 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 he recovered before a justice of the
peace or court of competent jurisdiction.

$27. Whenever in the opinion of the read board for anv magisterial
district it hecomes advisable to have surveyed and established the lines
of anv road therein, the true courses of which are unknown and do not
already appear of record, the said board may petition the county court
to have said road surveved and its lines properly designated. Where-
upon viewers shall he appointed and a competent surveyor employed. if
necessary, and upon the return of their report, which report shall show
the landowners through whose lands said road may run; said land-
owners shall he summoned and the same proceedings had as is provided
under this act in establishing a new road, and in this connection con-
tinued working at the county’ s expense of any road, of which there is
no publie record, shall be taken as prima facie dedication of the same
as a public highway, but such dedication, however, may be repelled bv
proper evidence. Upon a final confirmation by the court of such report
sich road shall be taken’ as established accordingly.
§ 28. At the discretion of the board of supervisors of Fauquier county
the general road law of this state, except so far as the same is in conflict
with this act, may be enforced in the county of Fauquier.

§ 29. 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 pro-
visions of this act.

§ 30. A vacancy in the office of commissioner of roads shall be filled
by the county court, the appointment to be for such unexpired term.

§ 31. All acts heretofore passed by the general assembly in reference
to the county roads of Fauquier are hereby repealed.

§ 32. 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 super-
visors on the seventh of May, eighteen hundred and seventy-five:

For four-horse team and wagon (driver’s services being due as a
laborer on road), three dollars; for two-horse team and wagon (driver’s
services, and so forth), two dollars; for ox team and wagon (driver’s
services, and so forth), two dollars; for plow and two horses (driver’s
services, and so forth), two dollars; and where the driver does not be-
long on the road he is to be paid the additional sum of eighty cents.