Chap. 287.—An ACT declaring a part of Deep creek, a stream in the county of
Cumberland, to be a public highway.

Approved March 25, 1902.

1. Be it enacted by the general assembly of Virginia, That Deep
creek, from Maxey’s mill to the Powhatan line, in the county of Cumber-
land, shall be considered, and is hereby, declared to be a highway for the
purposes of this act, and shall be subject to all the provisions of law in
reference to public highways now in force and applicable thereto, except
as hereinafter provided.
2. It shall be the duty of the owners of the land lying and bordering
on each bank of said creek above designated as a highway to keep the
said creek lying within or bordering on their lands and the banks thereof
properly cleared out and free from all obstructions, except where au-
thorized by law, and where said creek is the line between different land
owners, the owners on each side shall keep their banks and the bordering
creek to the middle of the stream properly cleared and free from such
obstructions.

3. The board of supervisors of Cumberland county shall, from time to
time, appoint one overseer of said creek, who shall hold office for two
years from date of qualification, unless sooner removed for good cause by
said board. The overseer shall be charged with the duty of inspecting
the said creek above designated as a highway during the months of April
and October of each year, and at such other times as obstructions in said
creek or on the banks thereof may be reported to him. The said overseer,
if, upon inspecting the said creek, find that the owner or owners of the
lands lying and bordering on the banks of said creek has or have failed to
keep the said creek and the banks thereof clear of obstructions as re-
quired by this act, shall notify in writing the said owner or owners, if re-
siding in said county, or his or their tenant or agent, if any such reside
in said county, of any and all obstructions in said creek or on the banks
thereof, and require him or them to remove and clear out such obstruc-
tions in thirty days from time such notice is served on him or them. If
the said owner or owners shall fail or refuse to clear out such obstruc-
tions in the said creek or on the banks thereof within thirty days after
he or they has or have been so notified by said overseer of such obstruc-
tions, the said overseer shall at once proceed to cause the said obstruc-
tions to be removed, and report the cost to the said board of supervisors
of said county, who, if they approve of the amount of the bill rendered
for the removal of said obstructions, shall at the same time levy a tax on
the said land owner or owners sufficient to defray all the expenses inci-
dent to the removal of the said obstructions, including the cost of col-
lecting the same, and the said tax shall have the same lien and be col-
lected by the treasurer of the said county as other taxes assessed by the
said board. But if the said land owner or owners shall furnish the said
overseer with labor to remove the said obstructions, they shall have proper
credit therefor.

4. The board of supervisors of Cumberland county shall at the time
that they levy taxes for school and county purposes levy a tax on all of
said Jand owners on said creek above designated as a highway, not to ex-
ceed the sum of twenty dollars in the aggregate, in addition to the cost
of collecting the same, and the said tax shall have the same lien and be
collected by the treasurer of said county as other taxes are assessed by
the said board; and the said board shall allow the said overseer the sum
of one dollar for each day he may be necessarily employed in discharging
the duties of inspection imposed upon him by this act, not to exceed
twenty dollars, to be paid out of the said tax when collected.

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