Chap. 868.—An ACT to provide for making, building, and keeping in repair
the public roads and bridges in Grayson county.

Approved March 6, 1900.

1. Be it enacted by the general assembly of Virginia, That it shal
be the duty of the county court of Grayson county, annually at the firs!
term of said court, to appoint a road overseer for each election precinc'
in said county, who shall hold office one year from the date of hi:
appointment, and until his successor is appointed and qualified and wh¢
shall have charge of the roads in the precinct for which he was ap
pointed, and in which he resides. Such overseer shall execute bond befor
said court, with good security, in the penalty of one thousand dollars
conditioned for the faithful performance of his duties under this act.

2. The board of supervisors of said county shall annually levy a tax
not exceeding forty cents on the one hundred dollars, on all the taxabl:
values in said county, upon which state taxes are levied, for the purpos
of this act; and the fund arising from said tax shall be set apart fo
that purpose and no other, and shall be collected as other county taxe
are collected, except as herein otherwise provided, and the funds of eac!l
magisterial district shall be kept separate by the county treasurer, an
shall be appropriated and paid out as hereinafter provided.

3. It shall be the duty of the overseer of roads in each precinct, t
give to each taxpayer residing therein, three days’ written or verba
notice of the time and place where such taxpaver shall have the privi
lege of working out the road tax assessed upon his property, in perso’
or by a satisfactory substitute, and in such manner and with such tool
as the said overseer may direct; but no taxpaver shall have but on
notice and one opportunity to work out said tax in any one year.

4. Ten hours actual labor shall constitute a day’s work under thi
act, and for which the said taxpayer shall be entitled to not less than
fifty cents, nor more than eighty-tive cents, according to the character
and kind of work performed, nor less than five cents, nor more than eight
and one-half cents per hour, when less than a day’s work is performed
with such tools as said overseer may direct. The said overseer shall
allow for team and wagon, or team and plow, not exceeding one dollar
per day, and for team alone not exceeding seventy-five cents per day,
and for a less period at corresponding rates per hour.

5. When a taxpayer shall have worked out his road tax, in full or
in part either in person or by substitute, or by furnishing teams and
tools as provided in section four of this act, he shall receive from the
overseer a receipt for such work to the following effect:

Received from —————-———. taxpayer, in—————————_ magisterial
district, ——-————- days and —--————_ hours work by ————————
and ———_——— days and —-————— hours work of team and
aggregating the sum of ——————— dollars and —-——————- cents, this

day of —-—————— nineteen
/ ——_______——__Overseer.

This receipt when properly filled out and signed by the proper over-
seer shall be delivered to such taxpayer, and shall be taken up by
the county treasurer in payment or part payment, as the case may be,
of the road tax assessed against such taxpayers, but no such receipt shall
be given or taken up in payment of the road tax assessed against
another.

6. When any taxpayer shall fail or refuse to work out his road tax
in person, or by satisfactory substitute, or by furnishing teams and
tools as provided in section three of this act, the county treasurer shall
collect the road tax assessed against such taxpayer and place the same
to the credit of the road fund of the magisterial district wherein such
default occurred.

7. The several road overseers appointed under this act shall each re-
ceive the sum of one dollar per day for the time actually employed in
the discharge of their official duties: provided, that no claim shall be
allowed any overseer supervising work when less than five men are
amployed; except the work to be done can be completed in one day or
less time, payable out of the road fund not otherwise appropriated of
che magisterial district in which such services were performed, upon
che order of the county court, but no such claim shall be allowed or
yaid until an account of such service has been properly itemized and
‘ramed in such manner as the county court may direct. And in all
uch cases it shall be the duty of the attorney for the commonwealth to
epresent the interests of the county and resist the payment of all
‘laims where they appear unreasonable or improper, for which services
1e shall receive a fee of ten dollars, in each case, when his defense to
ach claim is sustained, to be taxed as part of the cost against such
oad overseer.

8. In the execution of this law, it shall be the duty of the road over-
eers to consult the convenience of taxpayers and where practicable
‘ive them an opportunity to work out their road tax on the road nearest:
o them.

9. All new roads shall be built under the direction and supervisior,
of the road overseer of the precinct in which the same is being built,
but no new road shall be ordered to be opened by the county court
unless it shall be made to appear that there is sufficient surplus in
the treasury to the credit of the road fund, either in money or unpaid
road tax, in the vicinity where such new road is to be opened, to pay
for the same. And no expenditure of money on any new road shall
be made unless first approved by the county court. .

10. When any blasting is necessary on any public road, the over-
seer thereof may, by the consent and approval of the county court of
said county, employ some competent person to do the same and fur-
nish him with such tools and material as may be necessary to complete
such work in a satisfactory manner. Such person shall receive not
exceeding one dollar and twenty-five cents per day, and his assistants
therein shall receive the same amount as other road hands. When any
such work shall be completed and an itemized account thereof made out
and framed as provided in section four of this act it shall be allowed
and paid out of the road fund, in the treasury not otherwise appro-
priated.

11. Every such road overseer, shall cause the roads in his precinct
to be kept cleared and free of rocks and obstructions, of necessary
width, well drained and otherwise in good order and secure from the
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 such road leads,
and across every stream, when it is necessary and practicable, a sufficient
bench, bridge, or log for the accommodation of foot passengers. When
any more important bridge or causeway is necessary, and it shall be
practicable for him to have it made he shall have it made at least twelve
feet broad and safe and convenient, and cause every bridge or cause-
way in his precinct to be kept in as good order as the means at his
command, in money or unpaid road tax will permit.

12. It shall be the duty of any citizen of said county knowing of
any default or failure to discharge his duties under this act on the part
of any road overseer to inform the commonwealth’s attorney for the
county of such default, who shall forthwith investigate the same, and
if he finds such default has really occurred, he shall, at once, after
having given such overseer and his sureties ten days’ written notice
thereof, submit a motion before the county court of said county for
judgment against them for such damages as in his opinion the county
has sustained. If upon a hearing it appcars that there has been such
default judgment shall be entered for the damages actually sustained
by the county, together with ten per centum interest from the date
when such default occurred. The attorney for the commonwealth fot
his services under this section shall be entitled to a fee of fifteen dollars
to be taxed as part of the cost of such motion against the overseer and
his sureties, but in no case shall any cost be taxed against the county.

13. It shall be the duty of the county treasurer, as soon after he
receives the tax books from the commissioners of the revenue, in eact
year to make out a statement for each overseer of roads in said county
showing the road tax assessed against each taxpayer residing in the
several road precincts, and furnish the same to the respective road over.
seers, for which services he shall receive the sum of twenty-five dollars
per year.

14. No taxpayer shall incur the penalty of five per centum on his
road tax for failure to pay the same by the first day of December in any
year, unless he has prior thereto had an opportunity to work out such
tax, and failed or refused to do so.

15. In the event the fund collected in cash in payment of road tax
assessed under this act shall prove insufticient to pay the cash expenses
incurred in keeping the roads and bridges in said county in legal repair
the county court of said county may, by and with the consent of the
board of supervisors, order such deficiency to be paid out of the levy
for county purposes not otherwise appropriated.

16. All acts or parts of acts inconsistent with this act are hereby
repealed.

1%. This act shall be in force on and after the first day of June, nine-
teen hundred.