Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1856-04-16
New Road Law for the County.


will act upon it at the April term
The law goes into force only when adopted by
the County Court after all the justices OF the
county have been summoned to consider the
subject; and may be rescinded at any time by
like authority. The proposition for working the
roads by tax fund, can only be adopted by
three-fifths vote of the people, If majority OF
the Justices submit the question at some general
election.
This law follows the plan of that in the Code,
making such changes only rs experience sugses-
ted to secure greater efficiency and economy in
the road system.
The County Court is to appoint road commits
sioners, as at present; but one commissioner Is
to reside in each magisterial district, and 10
have special charge of the public roads therein'
with authority to direct the precinct surveyors
to work the roads, or on failure, to call out the
hands himself to have the road repaired lhe
commissioner is liable to presentment equally
with the surveyor for any roads in his district
out of repair, and the jury may fine both or the
one most in fault. Qhis is to supply defect in
the present law, by providing an officer whose
duty it is to make presentments for Illegal roads,
All the road commissioners are together to
constitute board with a President and Secre-
tary, who besides the usual duties OF allottlng
hands and arranging the precincts, &C., &c. are
to meet on the week preceding the levy court to
audit all road-claims against the county, and
certify to the Court such as are found to be just
Qnstesd of leaving this to be DONE as now, by
the Justices in Court who have no opportunity
of testing the correctness of such clalmsI The
board, under order of the Court, may let to con-
tract the opening or repairing of heavy work Oh
roads; may employ county engineer, DC. 1t
shall keep Il record Of its proceedings, subject to
public inspection, and report to the Court annu-
ally the amount expended and the labor per-
formed in each district, &c The commissioner
receives the compensation now made, OH certiti-
cate from the board that he has discharged the
duties imposed by this law.
The proceedings for establishing new roads
are the same as by the Code; except, that to
prevent frivolous delay, the landowner if not
satisfied with the damage allowed him by the
commissioner, must take out his inquest for
damages at the term, or the next succeeding one,
to which the process on him is returned execu-
ted. Then, instead of the present costly quib-
bling and vexatious process of writ of ad quod
damnum, and twelve jurors attended by the
Sheriff. to ascertain the damages, the Court is to
make an order appointing five freeholdeis (any
three to act) who are to assess the damages, and
report in writing under oath, to the next Court,
las is now provided in cases of land damages for
internal Improvement companies)
The details of provisions as to costs, discontin-
uance of roads, erection of gates roads over mill
dams. &C., are similar to the law in the Code
Surveyors of precincts are appointed by Court
on Recommendation of the road commissioner;
his duties are, with slight changes, such as are
prescribed in the Code. Roads are to be kept
open thirty feet wide, unless the Commissioner
recommend some other width, and to lie kept
smoothed of all Instructions for at least fifteen
feet in the middle. and otherwise in good order,
&c.
All persons noe required to work upon roads
are also required under this law, but are entitled
to twenty-tour hours previous notice OF the time
and place for working with the pricitege of ex-
emption by paying IS cents to the Surveyor on
the day of notification, Gin order that their place
may be supplied and a full force assembled on
the day of working) If any one fails to appear,
or to pay IS cents az adcance, he is liable to a
fine of $3.50 cents afterwards.
The provisions for blasting rocks, procuring
tools, wagons, ploughs, draining, &c, &c, are
substantially the same as under the present law
The Surveyor is to be paid at the discretion OF
the Court, provided he has with his account
stated the amount of money, work, &c, NC, ex-
pended in his precinct and it be certified &C
cordingly by the board of road commissioners.
If the plan thus provided prove unsatisfactory
for working the roads, the tax system may at
any time be substituted if three-ffths of the vo-
tiers of the county prefer it, which is in sub
stance as follows
Each levy court shall then assess tax not eX-
ceeding 81 on each titheable, and per centage
not exceeding ten cents on the 500 value of the
property taxable by the State, to raise fund
not exceeding that reasonably sufficient for the
road expenses OF each year, to be apportioned
equitably by the board of commissioners among
the several county districts, and subject to the
trict Commissioner.
The tax assessed against each person liable to
work the road i'll his precinct shall be COMMUNE
Gated to the Surveyor who shall, as in the for
mer part of this law, notify each person of the
time of working &c, who may attend accord
iugly and cork ont has tao at the rate of Is cents
per day, and certificates to that effect shall be
received by the Sheriff in discharge of so much
Of said road tax. On failure to pay the tax or
work, fifty per cent damages and costs are re-
coverable by the Surveyor for the road fund OF
the district, &c. With the road fund the Sur
veyor is to hire additional force sufficient to keep
the road in good order.
The main difference of this and the alternative
plan for working the roads, is, that the former
charges the cost of keeping up the public roads
upon the tiMeables alone, as persons, while the
latter charges the cost upon the titheables and
also upon the property IN tie proportion orned
By each person.
Such is a sketch of the material portions OF
the new road law, and indicating the changes it
makes in the present law. a copy of the act in
full may be seen in the County Clerks Office, or
ut the law-ofice of b. Christian The bill was
prepared for Augusta alone, but on its passage
was made applicable, by request, TO some fifty or
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