Chap. 932.—An ACT to provide for opening, building, and keeping in repair
the public roads and bridges in Patrick county.

Approved March 7, 1900.

1. Be it enacted by the general assembly of Virginia, That when-
ever, in the opinion of the county court of Patrick county, it is neces-
sary to examine any of the roads in the county, or such routes for new
roads therein as it may designate, it shall appoint not less than three
nor more than five viewers, who shall be resident freeholders of the
county, to examine such roads or routes and report upon the expediency
of altering the location or grade of any road, or of establishing any new
road, or of building or repairing any bridge, or to lay off any road at
such grade as it may prescribe.

Every road shall be thirty feet wide, and the grade of no road here-
re located shall exceed five degrees at any one point unless the county
court order a different width or different grade.

3. When any person applies to said court to have a road established or
altered, the court shall, and whenever without sueh applhecation it
sees cause for so doing, the court may, appoint, viewers as aforesaid
to view the ground and report to the court the conveniences and incon-
veniences that will result, as well to individuals as the public, if such
road shall be opened, and especially whether any yard, garden, orchard,
or any part thereof, will, in such case, have to-be taken; and in the case
of a road, the said viewers shall also ascertain and report to court
whether the said road will be one of such mere private convenience as
to make it proper that it should be opened and kept in order by the
person or persons for whose convenience it is desired.

4, The viewers, acting either under the preceding section, or section
one of this act, shall particularly report the facts and circumstances,
in their opinion, useful in enabling the court to determine the ex-
pediency of establishing or altering the road. They may examine
other routes than that proposed for any road, and report in favor of
the one they prefer, with their reasons for the preference. They shall
report the names of the landowners on such route, and state which
of them require compensation, the amount, in the opinion of the
viewers, to which ach party may be entitled, and any other matter
which they may deem pertinent. A map or diagram of such route
shall be returned with their report. If no one of the viewers be a sur-
veyor, they may employ one if necessary.

5. Upon the report, unless the opinion of the court be against estab-
lishing or altering the road, it shall award process to summon the pro-
prietors and tenants of the land on which it is proposed to be estab-
lished or altered, to show cause against the same. ‘The summons shall
be directed, executed, and returned as a summons may be in other
cases, except that it may be personally served in the county on an
agent of any proprietor not within the same, and such service shall be
equivalent to service on such proprietor.

And if any proprietor reside out of this state and be not within the
county, or have no agent known to the court residing therein, or if the
true owners or proprietors of the land or any part thereof be not known
to the court, the court may order notice to all whom it may concern
to be published for four successive weeks in some newspaper of general
circulation and posted at the front door of the court-house of the
county on some court day to appear and show cause against establish-
ing or altering the road. The cost of such publication shall not exceed
the cost of publishing an order under section thirty-two hundred and
thirty-five of the code, and shall be paid by the county. Personal
service of the said summons on a non-resident and return thereof may
be in the mode and with the effect prescribed by section thirty-two
hundred and thirty-two of the code.

6. Upon the return of said process, duly executed, defense may
be made to the said proceeding by any party, and the court may
hear testimony touching the expediency or propriety of establishing
or altering the road. Upon such hearing, unless the court be of the
opinion that the road ought not to be established, in which case it shall
so order, if it has enough before it to fix a just compensation to the
proprietors and tenants, and they are willing to accept what it deems
just, the court may determine the matter without further proceedings,
and establish or alter the road and with or without gates as to it may
deem proper.

%. But if any tenant or proprietor desire it, or if the court see cause
for so doing, it shall appoint five disinterested resident freeholders of
the county as commissioners (any three of whom may act) for the
purpose of ascertaining a just compensation for the land to be used
for such road.
They shall meet on the lands of such proprietors or tenants as may
be named in the order of the court at a certain place and day therein
also specified, of which notice. shall be given by the sheriff to such
proprietors and tenants, or their agents, except only that it need not
be given to one present at the time of making the order. Any one or
more of the commissioners attending on the land, as aforesaid, may
adjourn from time to time, till the business shall be finished. The
commissioners in the discharge of their duties, shall comply, in all re-
spects, with the provision of section ten hundred and seventy-seven
and ten hundred and seventy-eight of the code, and forthwith make
return of their report, and the certificate of the justice to the court
of the county, and. unless good cause be shown against the report, the
same shall be confirmed. If, however, good cause be shown against the
same, or the commissioners report their disagreement, or fail to report
within a reasonable time, the court, as often as seems to it proper,
may appoint other commissioners for the purpose of ascertaining the
compensation aforesaid. When any report is confirmed, the court shall
establish or alter the road, and with or without gates as to it may seem
proper. .

8. When a road is established or altered, the court may order the
opening of the road or alteration to be made by a road surveyor or such
other person as it may appoint and with such hands as the court may
allot to him for the purpose.

9. When the record shows that the sum allowed by the commissioners
as compensation to any proprietor or tenant is not more than the court
before making the order appointing such commissioners had consented
to allow him, such proprietor or tenant shall be adjudged to pay the
costs occasioned by such order.

10. No road shall be established upon or through any lot in a town
without the consent of the proprietor thereof, or through the lands
of any cemetery, or through the lands of any seminary of learning,
without the consent of the owners thereof.

11. When the road is established or altered, the county shall be
chargeable with the compensation to the proprietors or tenants, with
such costs as the court may allow the applicant, and the cost of the
commission, except in the case mentioned in section nine: provided,
however, that when it shall appear to the court that the opening and
establishing or altering of such road will be for mere private conve-
nience, then the court may order the same upon the condition that
such applicant pay, in whole or in part, the compensation to the pro-
prietors or tenants, and the cost of the proceedings, and keep said
road in order, but the said road shall not be opened and established
or altered until such compensation and costs shall have been first paid,
or the written consent of the proprietors or tenants given.

12. When the court decides in favor of establishing or altering any
road, or building, repairing, or altering any bridge, where the gross
expenditure with which the county will be chargeable, will, in any
case, exceed thirty dollars, before ordering the road, bridge, alteration,
or repairs, the court shall ascertain, and, by its order, determine the
amount of the expenditure to be made, and shall certify the same to the
board of supervisors of the county. Said board shall, at its next meet-
ing, determine by a recorded vote whether the expenditure is deemed
proper, and if two-thirds of the number present shall deem it inex-
pedient, the expenditure shall not be made. So soon as the board has
acted, it shall cause its action to be certified to the court, and if two-
thirds of the said board are not opposed to the expenditure, the court
shall direct the work to proceed, and if two-thirds shall vote against
the expenditure, the court shall not direct the work to be done. This
section shall not apply to expenditures authorized to be made by the
court under section twenty-three of this act.

13. A statement in writing, showing the number of days each viewer
appointed under sections one and three; each commissioner, under
section seven; and every surveyor, was employed, shall be sworn to
and presented to the court, and the court may allow to each a reason-
able compensation, not exceeding one dollar per day for each viewer
or commissioner, two dollars and fifty cents per day for the surveyor,
to be paid by the county; and no further allowances shall be made for
any survey.

14. When the court decides against the application to establish or
alter a road, the applicant shall pay the costs incurred in the case, and
the court may enforce the payment thereof.

15. When any road is altered, it shall be discontinued to the extent
of such alteration, and no farther. Any person may apply to have a
county road discontinued, after posting notice of the intended apph-
cation on the first day of a term of the county court, at the front door
of the court-house of the county, and at two public places in the
neighborhood. The court, at the next term after that at which notice
may have been so published, shall appoint not less than three, nor
more than five viewers, to view such road or landing, and report, in
writing, whether, in their opinion, any, and if any, what convenience
would result from discontinuing the same. Upon the said report, and
other evidence, if any, the court may discontinue such road; taking care,
in every case of an established post road, not to discontinue the same
until another has been substituted.

16. Gates may be erected or discontinued across anv public road
of said county as provided by sections nine hundred and sixty and nine
hundred and sixty-one of the code.

17. On and after January first, nineteen hundred and one, all male
persons in said county shall be compelled, under the supervision and
direction of the surveyor of their respective precincts, to work not
exceeding four days in every year upon some public road in their
respective precincts, not more than five miles from their place of resi-
dence, with the following exceptions—namely:

Ministers of the gospel regularly and actually in charge of a congre-
gation, persons under eighteen and over sixty years of age, persons
who reside in a town that keeps its streets in order, and any person
who has lost an arm or leg. Any person otherwise disabled may be
exempted by the county court.

18. Every person liable to road duty, shall, either in person, or by
a sufficient substitute, when notified by the proper surveyor, attend with
such tools, and work the road on such days as the surveyor shall direct.
For every day on which there may be a failure, a fine of seventy-five
cents shall be paid to the surveyor within thirty days thereafter by the
person in default, if of full age, or if an infant, by his parent or
guardian.

If the fine be not paid, the surveyor shall make out a ticket against
the delinquent party for the amount thereof, with an addition of
twenty-five per centum for costs, which ticket shall be placed by him
in the hands of the constable of his district or the sheriff of his county
for collection: provided, however, that such delinquent may, after
notice to such surveyor, apply to the county court, or the judge thereof
in vacation, and, for ood cause shown, have said fine remitted; or
such delinquent may, before the ticket goes into the hands of the con-
stable or sheriff, discharge said fine by labor upon the roads of his
precinct. The officer having charge of the collection of such fine may
distrain therefor, or otherwise collect the same in the mode prescribed
for the collection of taxes and county levies. He shall account to the
surveyor for all fines collected by him, retaining the costs aforesaid.

19. The labor and fines provided for in the two preceding sections
shall be used and applied by the surveyors in working the roads and
kecping the same and the bridges in order in their respective precincts.

20. very surveyor shall cause the roads in his precinct to be kept
cleared, smoothed of rocks 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 practicable, 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 cause it to be made twelve feet broad
at least and safe and convenient, and cause every bridge or causeway in
his precinct 1o be kept in as good order as the means in his power
will permit.

21. The county court shall, from time to time, fix the prices allowed
for the use of teams, plows, and other implements on public roads and
prepare a schedule thereof, a copy of which shall be delivered to each
survevor by the 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 the surveyor, the county court may order
him to purchase such tools as may be necessary to keep his road in
order, which shall be paid for out of the general county fund.

22. The survevor of any precinct may take, from any convenient
lands, so much wood, stone, gravel, or earth as may be necessarv to be
used in constructing or repairing any road, bridge, or causeway therein ;
and may, for the purpose of draining the road, cause a ditch to he
eut through anv Jands adjoining the same: provided, such wood and
other articles be not taken from, and such ditch be cut not through,
anv lot in a town, vard, or garden, without the consent of the owner.

23. When great and unforescen damage casually occurs to anv road,
or when any surveyor is unable, with the means and labor at his dis-
posal, to keep his road in good order, he may apply to the county court
for authority to purchase material or implements, or to hire such addi-
tional 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 may scem proper for such purpose: provided, how-
ever, that no such expenditure shall be authorized without the approval,
in writing, of the supervisor of the district in which the expenditure

; to be made; such surveyor shall return to the court a particular
account, on oath, of all the expenses so incurred, and if the same be
approv ed by the supervisor aforesaid, and the court be 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.

24. When a bridge and causeway, or either, is necessary, and it 1s
not practicable for the surveyor to have it built or repaired, the county
court may contract therefor; and, to this end, appoint one or more
commissioners to receive proposals.

As soon as practicable, the county court of said county shall ap-
point three discreet freeholders from each macisterial district to lav off
and arrange into suitable and convenient precincts the roads of their
respective ‘districts, and to allot the hands to work on the same. When
anv road shall form the dividing line between two districts, the persons
so appointed from both districts shall meet and lay off such road into
precincts and allot the hands to work on the same. They shall report
to court as soon as may be their action in the premises. The report
shall be filed for exception, and at the next term of the court, any person
who thinks himself aggrieved thereby, may appear, and for good cause
shown, have the same “altered or amended. ‘The persons so “appointed
shall each receive one dollar per day for their service, payable out of the
county fund. - The said court may, as often as it may deem it necessary,
appoint like persons to rearrange the road precincts, and allot the hands
to work on the same.

26. When the roads of said county shall have been laid off into pre-
cincts as provided in the preceding section, the county court shall
appoint a surveyor for each precinct, whose term shall commence on the
first dav of January, nineteen hundred and one, and continue until
another be appointed in his stead, unless he remove from the precinct
where appointed, m which case his office shall be vacated. The said
court may, whenever it dcems it necessary, remove any surveyor and
appoint another in his stead. The clerk of the court shall, upon such
appointment issue a writ to the sheriff commanding him to cive notice
te the person so appointed, which writ the sheriff shall execute and
return to the court at the succeeding term.

27. Any person, after being surveyor for two years, may give up
his office, if his road be in cood order, and shall not, within two years
there: after, be appointed surveyor, without his consent.

28. Every road surveyor, in addition to what is required of him by
section twenty-three, shall report to the county court at the March term
thereof in each year, an exact account, verified by oath of all moneys
received by him by virtue of his office during the past year. The ac-
count shall specify the amount expended by him, the manner in which
the same had been expended, and the balance, if any, remaining in his
hands. He shall apply such balance to the use of his road precinct
as said court may direct, or turn over the same to his successor in office
who shall, in like manner, account therefor in the next annual report
He shall also embrace in his report the number of days in the pas
year, during which he and his hands were engaged in working the road:
of his precinct, what alteration, improvements, or repairs he may thin
should be made during the ensuing year, the probable cost of the same
and any other matter or suggestions in relation to his precinct, whicl
he may deem pertinent or which may be required of him by court. I
shall be the duty of the clerk, after said report has been examined bi
court, to label and file the same in his office.

29. Every surveyor of a road shall be entitled to compensation, a'
the discretion of the court, to be by it certified to the board of super
visors, and paid out of the county levy, not exceeding one dollar pet
day, for the time actually employed in summoning hands to work
on the road; which time shall be stated in writing and sworn to. A
surveyor of a road, who fails to perform any duty required of him by
this act, shall, for such failure, be fined not less than five or more
than thirty dollars, to be imposed by the county court.

30. The board of supervisors of said county are hereby authorizec
and instructed to turn all funds, collected under the act approved
March third, eighteen hundred and ninety-eight entitled “an act tc
provide for the working, opening, and keeping in repair the roads in
the county of Patrick, and for the building and keeping in repair
the bridges in the same county,” which remain unexpended on January
first, nineteen hundred and one, into the general county fund of said
county.

31. All acts and parts of acts in conflict with this act are hereby
repealed. But nothing herein contained shall be construed as affect-
ing in any way the Jaws now in force providing for keeping in repair
the roads of the said county, until January first, nineteen hundred
and one.