Chap. 197.—An ACT to amend an act entitled “an act to provide for the oper

ing and working of roads and keeping the same in repair, and to provid
for erecting and maintaining bridges in the county of Culpeper,” approve
January 25, 1898.

Approved March 14, 1906.

1. Be it enacted by the general assembly of Virginia, That it shall b
wful for the county of Culpeper to locate, open, change, and repai
ighways, roads, and bridges, as follows:

2. That for each magisterial district in the counfy of Culpeper ther
hereby created and established a board, consisting of the supervisor, |
mmissioner of roads, and one of the justices of the peace for each dis
‘ict, which board shall have the exclusive contro] of the roads, bridges
id ferries within its limits, and all taxes levied for road purposes ane
1 building and repairing bridges shall be expended in said magisteria
strict, except as hereafter provided. The justice of the peace consti
iting a member of said. board shall be chosen and designated by th
ree justices of the peace elected and commissioned in the several magis
rial districts, and the commissioner of roads shall be appointed by th
ge of the circuit court as hereinafter provided. The designation o
@ justice who is to serve on said board shall be in writing, and shall bi
reserved and recorded by the board of commissioners of roads. Th
ard hereby created and constituted is declared to be a body politic anc
rporate, and shall be known and designated as the board of commis
mers of roads for —————— magisterial district.

3. That the sub-road district as now laid out and described by mete:
\l hounds within the lines of the old township shall remain as they nov
e unless and until they shall be changed by said hoard.
4. That annually there shall be appointed by 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 shall be for one year, begin-
ning on the first day of July succeeding his appointment. He shall
reside 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 overséer refuses to serve after being
appointed, 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 fine not exceeding fifty dollars; but any person after being
overseer for two consecutive years, may give up his office on producing a
certificate to the board, from the road commissioner, or other satasfactory
evidence that the roads in his district are in proper order, and he shal!
not, within two years thereafter, be appointed overseer without his con-
sent.

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 cach
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 work-
ing a whole day, he shall receive twenty-five cents per day for each hand
so employed and doing a day’s work.

6. That biennially, at the May term of the circuit court, there shall he
appointed by the judge of the court for each magisterial district, one
commissioner of roads, whose term of office shall be for two years, begin-
ning on the first day of July next succeeding his appointment; he shall
reside in the district for which he is appointed. Each commissioner of
roads thus appointed shall qualify before the judge of the circuit court.
in court or during vacation, and shall at the time of his qualification
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. His duty shall be to sce 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 move them shall be liable to a fine
not exceeding fifty dollars for each offense. He shall examine the roads
in his district twice cach year, in the months of June and November, and
see that the roads and bridges are kept in good repair by the overseer and
contractor; 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 or his contract, shall make the necessary repairs and enforce payment
therefor, as provided in section eleven of this act; but if, upon such ex-
amination, he shall find that such contractor or overseer 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 collec-
tion 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 compensation shall be two
dollars per diem for each day in which he has been or may be actively
employed in discharging his duties under the provisions of this act, not
to exceed thirty dollars in any one year, to be paid by the board of com-
missioners of roads for the respective magisterial districts. If any such
commissioner of roads fail to discharge his duties as provided in this act
he shall be liable to a fine not exceeding fifty dollars for each failure.

8. 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 a term of three years (except in a case of a new road,
then it shall be left until the next general levy), 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-bills
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 con-
stantly keep in repair and clear of all impediments to safe and conve-
nient 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 contract and price in no case
exceed the estimate made by the overseer and commissioner of roads.

9. That it shall be the duty of the said road commissioner and the
overseer, 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 there-
alter). 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 that. 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 roads. respectively, for
the term of years approved of and designated as provided for in section
seven 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 con-
tracted for. All contractors shall give bond and security 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 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 contract re-
quires, 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 he re-
covered by the commissioner of roads in the name of the board, from the
contractor and his securities, as other debts are recoverable. Every con-
tract price provided for in any contract made under the three preceding
sections of this act shall be paid out of the district funds in which the
road or section which is the subject of such contract is, but no payment
shall be made of any moneys under such 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 contract has
been presented to them, in which case they shall allow the same and
order the payment thereof.

12. That if a section remain unlet by reason of there being no hidder.
or the amount offered be deemed unjust, the commissioner of roads and
overseer of the district may let the same by private contract, 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 any roads thereof, shall be in any way interested in anv con-
tract 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 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 allow-
ance shall be made for the labor, teams, plows, and other implements
which may be furnished by private individuals, such allowance not to
exceed 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 not 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
hundred 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 dollars
or more, then application shall be made by the commissioner of roads
for said district, or if the location be between the two districts, by the
commissioner of roads of either of said districts, to the board of super-
visors of the county, to authorize the said bridge to be built or the re-
pairs to be made. Said board, after hearing evidence as to the necessity
therefor, shall determine whether the same is expedient, and if it shall
decide in favor of the application, it shall direct the road commissioner
or commissioners, of the district or districts in which the bridge is or is
supposed 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 super-
visors may, in its discretion, direct the work to be done by the commis-
sioner of roads in such a 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 treasury, after the work shall
have heen accepted and approved by the board of supervisors. But, if
vither before or after the work has been done, it is ascertained that the
casts of building or repairing such bridge is or will be less than one hun--
dred dollars, then such cost shall be paid by the board of commissioners
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
may 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 ascer-
tai 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 commissioner‘s report shall be laid
before the board of supervisors at its next meeting, and if the board 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 same, it shall appoint three
discreet freeholders to view the ground of such new road or proposed
change: but if the commissioner of roads disapproves the said road or
proposed change, for reasons satisfactory to the board, the board may,
at the meeting at which the petition is filed, or at the next succeeding
meeting, 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
tv 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 necessary
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 re--
port of and estimate for any modification of the route.
15. That notice of the time and place, when and where, the viewer:
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 sworr
by the commissioner of roads, or some other person authorized to admin.
ister oaths, to perform their duties impartially, and to the best of thein
judgment. They shall examine the proposed new road or change 01
road, and ascertain and report the practicability and necessity for the
change, the character of the work to be done, to properly open and estab.
lish the same, and all such facts as will fully advise the board of the
propriety of opening, establishing, or changing said road as asked in the
petition. They shall further report the probable cost of the work, anc
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 ar
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 change they
shall lay out the same, having respect for the shortest distance and best
ground and so as to do the least injury to private property, 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 board of supervisors, but in
no case shall any yard, 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-
eceding 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 board 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 reported,
it shall approve said report and order the said road to be opened or the
proposed changes to be made and the damages to be paid: provided, how-
ever, that the board may, in its discretion, adopt any other route which
nay appear most feasible and to the public interest: provided, further, that
the hoard may, if the expenditure proposed on the character of the road
is such as to render it proper, in the opinion of the board, direct the com-
missioner 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.
Hither the applicant or 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
lad 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 allowed
him shall be actually paid.

1t. That the board of supervisors, at the time when any new road is
established, 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.

1s. That the board may, in its discretion, recommit any report of the
viewers ta do the same or other viewers for a further report upon the
same or any other route. The viewers and commissioner of roads shall
vach be paid one dollar per diem, and the county or other surveyor two
dollars per diem, to be paid out of the county treasury.

19. That the clerk of the board 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-
wrlal districts, the commissioners of roads of the adjoining districts shall
divide the same road between such districts in such way as will equi-
tably divide the expense, if they can agree; and in case they cannot agree,
the board of supervisors shall divide the same, and direct what part of
te road shall be opened and kept in repair by each magisterial district.

21. Anv 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-
‘nets shall annually, in the month of July of each year, lay a road tax,
rot exceeding twenty cents on every one hundred dollars of value of

property, real and personal, within their districts, and immediately cer-
‘ify the same to the commissioner of the revenue for their respective dis-
‘ricts. who shall thereupon extend the said’ taxes in the copies of his
‘ooks to be delivered to the clerk of the county court and to the treas-
urer of the county. Should any contractor under the operation of this
ict be injured or damaged by the repeal of section nineteen of the afore-
~aid 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 com-
vlaint, and upon evidence before it, assess the damage done to the con-
tractor and pay the same out of the road tax aforesaid. Should the con-
cractor he dissatisfied with the decision of said board of commissioners of
voads. he may, within thirty days, appeal as of right to the circuit court.
The board of commissioners of roads shall be summoned to appear before
~aid circuit court, the appeal be heard without formal pleadings, as are
anpeals from the judgments of justices of the peace, and the judginent of
ihe cirenit court shall be final. When the decision of the board of com-
tussioners of roads is reversed by the judgment of the circuit court said
‘ard of commissioners shall provide out of said road tax for the pay-

‘ent of the judgment and all costs incidental to the appeal.
23. That the treasurer of the county shall collect the road tax in the
same manner and at the same times and places he reccives the State and
county taxes, and pay the same over to the commissioners of roads of the
several districts. He shall be charged with the full amount of the read
taxes levied for the year, and credited by all sums paid over in money
or otherwise as herein provided. The treasurer shall receive, as equiva-
lent to money, all accounts for labor, teams, plows, wagons, material fur-
nished, or for services rendered in any way, when properly certified by the
commissioner or overseer or allowed by the road board as provided in this
act, and the same shall he receipted for by the commissioner as if paid to
him in money. Each commissioner of roads acting under the provisions
of this act shall settle with the board of commissioners of roads on the
first Monday of September of each year, or as soon thereafter as the said
board shall meet, 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 eredit of the board and
appropriated for road purposes.

24. That all persons who shall make payment of road taxes on or ‘w-
fore the first day of December shall be entitled to a deduction of five per
centum ; and any person failing to pay any road taxes to the treasurer
by the first day of December shall incur a penalty equal in amount to that
incurred for non-payment of State taxes, which shall be added to the road
taxes and collected and accounted for as provided for in case of State and
county taxes.

25. That the board of commissioners of roads shall annually on the
first Monday in June audit, adjust, and settle the accounts of the treas-
urer for the preceding vear. They shall charge the treasurer with the
full amount of road tax levied in the district, and shall credit him by
his commissions, delinquents, and all payments made by him to the com-
missioner of roads for which he has the proper receipt. The treasurer
shall receive the same per centum for collecting road taxes as for collect-
ing the State revenue. Hé shall pay said road taxes received and col-
lected by him, upon warrants issued by the board of commissioners of
roads. The clerk of the board shall receive as compensation for his ser-
vices two dollars per diem for the time actually engaged in attendance
upon the meetings of the board, not to exceed twelve dollars in any one
year, and an additional sum for clerical services, not to exceed ten dollars
in any ove year. ‘The chairman of the board shall receive as compensa-
tion for his services two dollars per diem for the time actually engaged
in attendance upon the mectings of the board, not to exceed twelve dollars
in any one year.

26. Any person or persons causing ‘water to be diverted from its nat-
ural course and conveyed across a public highway, or who, by the erection
of waste gates or any other means, shall cause water to flow or he con-
ducted over such public highway shall place and keep in good repair
bridges over the same at his or her expense; and if the commissioner or
overseer of roads shall notify such person or persons that his or their
bridge is unsafe, and such person or persons fail to make the necessary
repairs. he or they shall be held responsible for all damages, to be recov-
ered hy warrant before a justice of the peace or court of competent juris-
diction, that may result from such failure. Within ten days after such
failure the commissioner or overseer may make such repairs, and require
uch party or parties to pay all costs thereby incurred, which costs may
he recovered before a justice of the peace or court of competent juris-
diction.

That upon the petition of twenty free holders of each district the
hoard of supervisors, if a majority of them shall so determine, may direct
that the county surveyor shall make a survey and map of the county,
showing on the same the boundaries of each magisterial district, marking
the location of towns, stores, mills, postoffices, churches, school houses,
and other prominent objects, indicating beds of minerals: all the map-
pings to he completed in three years from the first day of January, eigh-
tern hundred and seventy-six.

2s. That the compensation of the survevor shall be fixed by the board
of supervisors, and shall not exceed two dollars and fifty cents per diem
for the time actually emploved.

29. That the price of the map on rollers shall not exceed five dollars.
and that each person whose levy for map purposes shall in three years be
equal to five dollars shall be entitled to a copy, and each person whose levy
does net reach five dollars shall have a copy by paving the difference be-
tween his levy and the price of the map. The said maps shall be under
the control of the surveyor: provided, the price of the same shall be
fixed by the board of supervisors.

30. The road boards, for the several districts hereinabove provided for,
shall keep an itemized account of all receipts and disbursements made.
and publish the same once a year in some paper published in the said
county of Culpeper, and the clerks of the respective road boards shall
vach receive the sum of five dollars per annum for their services in
stating and having published such account, in addition to the remunera-
ton already hereinabove allowed.

5}. At the discretion of the board of supervisors of Culpeper the gen-
eral 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.

All acts heretofore passed by the general assembly of Virginia in
wference 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 district of
said county, and in such other districts as may adopt the same.

All incumbents of offices under the road law now in foree in Cul-
peper will continue in office and discharge the duties of the same until
their suecessors are duly appointed and qualified under the provisions of
this act.

54. 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, waven, and driver, two
dollars: for plow, two horses, and driver, three dollars.