The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1878-02-07
[ Bill to Provide for the Working Of Roads
in the County Of Augusta.
Patron-Mr. Van Lear,

Patron-Mr. Van Lear
Reported from the Committee on Counties
Cites, and Towns.
Virginia, That it shall be lawful for the county ol
Augusta to change and repair highways. roads
g. That for each nagisteria district in he co,in
ty OF Augusta there is hereby created and estab
commissioner of roads. and one OF the justices Of
the district, which shall have the exclusive con
troll OF the roads. bridges, and ferries within its
limits and all taxes levied for road purposes, and
for building and repairing bridges, shall be eX-
pended in said magisterial district, except as
hereinafter provided.
board shall be chosen and designated by the three
justices elected and commissioned in each magis-
teriaI district, and the commissioner of roads
shall be appointed by the county Judge, at the
May term OF the county court next succeeding the
pass age OF this act, who shall hold his office until
his successor is elected and qualified as hereinaf-
| ter provided. The designation of the Justice who
is to serve on said board shall be i'll writing and
shall be preserved and recorded by the board OF
comm iSSonerS of roads.
4. The board hereby created and constituted is
declared to be body polite and corporate, and
Commissioners for Magisteral District
5. The sub-road districts, as laid out and
described by metes and bounds, within the lines
of the present magisterial districts shall remain
as they now are.
s. There shall be appointed by the said board,
not later than the fifteenth day OF July, over
seer OF roads for each sub-district whose term Of
office shall be for two years, beginning the first
day OF August succeeding his appointment. He
shall reside in the district for which he shall have
been appointed and shall have charge OF the roads
OF his district. II any such oyerseer shall refuse
to serve after being appointed, fail to keep in
good order the roads in his district, he shall be
| liable to a fine. on presentment by the grand
Jury. not exceeding fifty dollars. But any person
who has served as overseer may, at the expira-
ton OF the term for which he was appointed, give
up his Office on producing certificate to the
board from the commissioner OF roads, OF other
satisfactory evidence, that the roads in his dis
trict in proper order, and he shall not within
two years thereafter be appointed overseer with
7. His duty shall be to see that the roads in
| his district are kept in good repair that the
kept free from distractions, that all loose stones
are removed; and he shall contract for all tools
| and instruments necessary for working 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 pre-
scribed by law or directed sby the board OF com
missioners OF roads. His compensation shall be
one dollar per day for each day actually employed.
e as in
commissioner OF roads, who tshall reside in the
| district for which he is elected, and whose term
OF office shall be for two years, beginning the
| first day Of July, next succeeding his election.
| Each commissioner of roads, appointed or elect
| ed, shall qualify at the time and in the manner
| prescribed by law for the qualification Of magis-
terial district officers and SHALL at the time Of his
| qualification or before he enters upon the dis
charge OF his duties. give bond with good perSo-
| nal security in the sum of two hundred dollars.
| Q. That the commissioner OF roads shall have
charge of all the roads in his magisterial district.
His duty shall be to see that ali the roads in his
district are of the proper width and in all cases
| where they are not. to notify the persons tres
passing by written notice; andif the distractions
are not removed after reasonable notice, not to
exceed ninety days. he shall direct the oyerseer
of the district to remove the fencing other OBJ
structions, and may recover the expense. with
costs, from the trespasser. upon Judgment OF a
Justice OF the peace 1ro 3Si ,16 that
feet now in use, and the commissioner Of
roads is satisfied that no Inconvenience will re-
suit to the public on account OF the width OF said
| road, he may continue the same He shall exam
inc the roads in his district twice In each year. in
roads and bridges are kept in good repair by the
oveseer Hiscompensation shall be one dollar and
fifty cents per day for each day in which he has
his duties under the provisions Of this act and to
be paid by the county treasurer in the manner
hereinafter prescribed provided however, that
his salary shall not exceed thirty dollars within
10. That every petition to alter or change pub
lie road, must first be presented to the commits
sioner OF roads in the district in which the road
is. who shall endorse thereon his approval or dis
which petition and commissioners report shall
be laid before the county court at its next term
n aha me ye ma may fhree
proposed change the county or other competent
surveyor shall accompany the viewers, and, il
number 81 viewers must view. but majority
may decide for OF against and they may view and
ton of the route.
IL. That notice OF the time and place. when and
where, the viewers shall meet. shall be given ain
some pnblic manner in the viclnage of the pro-
posed road, at least five days before tie time of
meeting The viewers, before they proceed to
discharge their duties, shall be severally sworn
by the Commissioner of roads, or some other per-
son authorized to administer oaths, to perform
their duty mpartiay and to the best Of their
ty for the change. they shall lay out the same,
having respect for the shortest distance and the
hast TO f1,n rrrfu1
vate property, and also as far as practicable to be
agreeable to the; petitioners. They shall assess
the damage done to land through which the road
shall pass, taking into consideration the .advan-
tage to be derived from the road passing through
the land and shall report in writing to the next
term OF the county court but in no case shall
any yard, garden, orchard, any part thereof, be
taken without the consent of the owner, except in
cases where the viewers certify to the Judge OF the
county court that it is absolutely necessary for
the public good that said road shall pass through
confirm or reject their REPORT rs he NAV deem fit.
II. That the court shall examine the amount of
damages assessed. and if satisfied the public in
interest will be subserved by its payment, and by
making the proposed change, shall approve the
report and order the damages to be paid by the
magisterial district or districts through which
| the road may pass, in such proportion as the
damages may have been assessed in the said dis
report Of the viewers, the proprietors and ten
ants OF lands upon which said road will be, il
changed, shall be summoned to show cause
against said report; and any proprietor or tenant
Of lands on which said road will be, if changed,
may enter himself party defendant to said pc
tition, after which the same proceedings shall be
had as under the general road law OF the State,
upon the return OF the report OF the commission
ers OF roads; provided that the viewers and sur
upon the order OF the county court:
10. That in the changing of a road shall
place it on a line dividing two magisterlal dis
tricts the commissioners OF roads OF the adjoin-
ing districts shall equitaby divide the expense
agree and in case they cannot agree. the county
court shall divide the same. and direct what part
Of said road shall be opened and kept in repair by
each magsterial district.
IA. The board OF commissioners of roads for
each magisterial district, at its annual meeting
in July, shall assess and levy a tax upon the
property, real ahd personal, OF the magisterial
district assessed for State revenue, an amount
which. with the labor contributed , under the
to paythe expense OF keeping all the public roads in
its magsteral district in good repair and of such
and for all other purposes provided for in this
act: provided that the assessment on property
on the hundred dollars. The assessment to be
made upon the same basis as that upon which
State revenues are levied.
each magisterial district shall annually make an
estimate OF the probable amount necessary to pay
the expenses OF changing and working roads. re-
vided for in this act and any other expenses they
may deem likely to arise under the provisions OF
this act, and shall. before the first day OF August
IN each year. furnish to the county treasurer a
statement of the tax assessed against each person
required to collect other revenues are collect
ed, and for the collection and disbursement of
which he shall receive commission OF five per
centum. The board of commissioners shall, at
such times as they may think proper, direct the
treasurer to pay over to the ovorseers OF roads
such amounts as they may deem necessary in ad-
ditiOn to the labor provided for in section nine
teen, to keep their roads in order, and said
seers shall pay to the commissioner of roads any
amount not so required to be held by him subject
| to the order OF the board of commissioners Of
roads for his district.
| le. The board commissioners of roads ofeach
magisteral district shall fix schedule of prices
for labor, hire OF teams, and other service upon
| roads in their district.
! II. That the board OF commissioners of roads in
| each magisterial district SHALL annually, on the
| first Tuesday in December, examine and audit
| all claims arising under the provisions OF this
act, and shall furnish to the county treasurer q
certified statement setting forth all claims so aud
| tied and allowed, which he shall be required to
| enter in book to be kept for that purpose,
which said claims shall be paid by him out Of any
| funds in his hands for that purpose,
18. That the Justice Of the peace and supervisor,
| who, with the commissioner OF roads, constitute
| in each magisterial district board OF commits
sioners OF roads for that district, shall each
| ceiye one dollar and fifty cents per day for each
| day actually employed in accordance with the
provisions of this act.
10. That all male persons in each road distr let,
| except such as are exempt by law, shall be ap-
pointed by the overseer Of roads for that district
| and compelled to work two days in each year on