CHAP. 608.--An ACT for opening, working and keeping in order the public roads and for building and repairing public bridges in the county of Accomac.

1. Be it enacted by the general assembly of Virginia, That all public roads in the county of Accomac shall be opened, worked, improved, and kept in order, and new public landings established, and public bridges built and repaired, in the manner following, to-wit:

2. Commissioners of roads; their appointment, qualification and term of office.--The county court of said county shall, at the April term thereof in the year eighteen hundred and ninety-two, and at the same term in every second year thereafter, and the said court, or judge thereof in vacation, within thirty days from the time any vacancy arises, appoint a commissioner of roads for each of the magisterial districts of said county, to hold office for the term of two years from the first day of July next succeeding his appointment, and afterwards until his successor has been appointed and duly qualified. Each of said commissioners shall, within thirty days-from the date of his appointment, before the said court, or the judge thereof in vacation, qualify by taking and subscribing the several oaths prescribed by law to be taken by every person before entering upon the discharge of any function as an officer of this state, and by entering into bond in such penalty, not less than one thousand dollars, as may be required by said court or judge, with satisfactory security thereto, made payable to the commonwealth of Virginia, and conditioned for the faithful discharge by said commissioner of the duties of his office. For all breaches of the condition of said bond, and for any neglect or dereliction of duty on the part of said commissioner, suit may be prosecuted upon said bond in the name of the commonwealth, for the benefit of the magisterial district for which the said commissioner was appointed, and the recovery in any such suit shall inure to the road funds of the said magisterial district. When any commissioner qualifies before the judge of said court in vacation, it shall be the duty of said judge to return a certificate of such qualification, together with the bond executed by the commissioner, to the clerk of said court for record in his office.

3. Their duties.--Each of said commissioners shall, soon as possible after his qualification, proceed to divide the public roads in his district into the following number of road precincts, to be as compact in form as the circumstances will permit, and numbered consecutively, to-wit: one for the islands; two for the district of Atlantic; eight for the district of Metompkin; eight for the district of Lee; and eight for the district of Pungoteague. If any public road forms the line between two magisterial districts, or any public bridge is located on said line, the commissioner of either of said districts, if they cannot agree as to how said road shall be apportioned between the two districts, or which of said districts shall bear the expense of keeping said bridge in repair, after ten days notice to the other, may make application to the county court of said county to have said road divided between said districts, and the cost of keeping up and repairing said bridge placed upon one of said districts; and, upon such application, the court shall enter an order assigning said road, or such part thereof as it may deem best, to either of said districts, and shall determine by which of said districts said bridge shall be kept up and repaired. Each commissioner shall, on or before the first day of July next after his appointment, return to said court a report of the division of his district into road precincts as aforesaid, which shall be recorded on the order-book of said court The road precincts may be changed and rearranged by the commissioner not oftener than once in two years; but all changes and rearrangements shall be made and reported to the court on or before the first day of July next thereafter, and shall take effect from and after that day.

4. Commissioners to recommend surveyors.--Each commissioner shall, at the June term of the court of said county, in the year eighteen hundred and ninety-two, and at the same term every two years thereafter, and within ten days after any vacancy, recommend to said court, of those subject to road duty, three proper, suitable and efficient persons for road surveyor in each road precinct, one of whom the court shall appoint; and if any commissioner fails, at the time above specified, to make said recommendations, the court or judge thereof in vacation shall proceed to make the appointment. When directed by the court, the commissioner shall view the proposed route for any new road, or the land upon which a public landing is proposed to be established, which may be applied for, or in cases where a public bridge is to be built or repaired, and the cost of the same will amount to more than twenty dollars, or in cases where a public road is proposed to be widened or straightened, or any drain for the draining of a public road is to be cut through the adjacent lands of others, and shall report the necessity, if any, for such new road, landing, bridge, widening or straightening said road, the manner in which the same shall be opened, established, built, repaired, widened, straightened or cut, the material to be used, the work required, and the estimated cost; and, if the same shall be directed by the court, he shall superintend the opening of such road, the establishing of said landing, the building or repairing of such bridge, the widening or straightening of said road, the cutting of said drain, and shall direct and approve all the expenditures made.

5. Width of road.--Every road shall be thirty feet wide, unless the county court order a different width.

6. New road or landing, or widening or straightening road.--When any person applies to the court of said county to have a road or landing therein established or altered, or a road widened or straightened, the court shall, and whenever, without such application, it sees cause for so doing, the court may direct the commissioner of the district in which said proposed road or landing is, or in which the road proposed to be widened or straightened is, to view the ground and report to the court the conveniences and inconveniences that will result as well to individuals as the public, if such road or landing shall be as proposed, and especially whether any yard, garden, orchard or any part thereof, will in such case have to be taken; and in the case of opening a road, the said commissioner shall also ascertain and report to court whether the said road will be one of such mere private convenience as to to make it proper that it should be opened and kept in order by the person or persons for whose convenience it is desired; and in the case of widening a road, the said commissioner shall also ascertain and report whether said road has been encroached upon by the adjacent land-owners; and if so, to what extent, and by whom.

7. What facts commissioner to report; diagram of route to be returned.--The commissioner acting under the preceding section shall particularly report the facts and circumstances, in his opinion, useful in enabling the court to determine the expediency of establishing or altering the road or landing, or widening or straightening the road. He may examine other routes than that proposed for any road and report in favor of the one be prefers, with his reasons for the preference. He shall report the names of the land-owners on such route, the quantity of land proposed to be taken, and state which of them requires compensation, the probable amount, in the opinion of this commissioner, to which such party may be entitled, and any other matter which he may deem pertinent. A map, or diagram of such route shall be returned with his report. The commissioner may employ a surveyor if he deems it necessary.

8. Proceedings on report; notice to proprietors and tenants.--Upon the report in this case where the application was for establishing or altering a road or landing, or straightening the road, and also where the application was for widening the road, and the report of the commissioner shows that the road is too narrow, but not by reason of the encroachments by the adjacent land-owners, unless the opinion of the court be against establishing or altering the road or landing, or widening the road, it shall award process to summon the proprietors and tenants of the lands which it is proposed to take, 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 any 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 lands, or any part thereof be not known to the court, the court may order notices to all whom it may concern to be published for four successive weeks in some newspaper of general circulation, or posted at the front door of the court-house of the county on some court-day to appear and show cause against establishing or altering the road or landing, or widening or straightening the road, as the case may be. 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 of Virginia, and shall be paid by the county. Personal service of 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 of Virginia.

9. Defence allowed; what court may do.--Upon the return of the said process, duly executed, defence may be made to the said proceedings by any party; and the court may hear testimony touching the expediency or propriety of establishing or altering the road or landing, or widening or straightening the road. Upon such hearing, unless the court be of opinion that the road or landing ought not to be established, or road widened or straightened, in which case it shall so order, if it has enough before it to fix upon 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 or landing and with or without gates as it may seem proper, or widen or straighten the road.

10. Appointment of commissioners to assess damages. But if any tenant or proprietor desire it, or if the court see cause for so doing, it shall appoint five disinterested residentfreeholders of the county as commissioners (any three of whom may act) for the purpose of ascertaining just compensation for the land to be used for such road or landing, or proposed to be taken for widening or straightening such road. They shall meet on the lands of such proprietors and tenants as may be named in the order of 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 until the business shall be finished. The commissioners, in the discharge of their duties, shall comply in all respects with the provisions of sections ten hundred and seventy-seven and ten hundred and seventy-eight of the code of Virginia, 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 widen or straighten the road, or establish or alter the road or landing, as the case may be, and with or without gates as to it may seem proper.

11. When proprietors, and so forth, to pay costs.--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.

12. Area for landing; where road or landing not to be
located.--Not more than one acre of land shall be condemned for any landing; and no road or landing 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, or the
corporate authorities.

13. In what cases county to pay costs and damages.--
When the road or landing is established or altered, or
road straightened, or road widened (but not on account of
encroachments by the adjacent land-owners) 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 costs of the commission, excepting the
case mentioned in section eleven: provided, however, that
when it shall appear to the court that the opening ad establishing or altering of such road will be for mere private convenience, then the court may order the same upon
the condition that such applicant pay, in whole or in part, the compensation to the proprietors or tenants, and the costs of the proceeding, 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.

14. When, by report of the commissioner under section six of this act, it appears to the court that a road is too narrow by reason of encroachments by adjacent land-owners, it shall award process to summon the adjacent proprietors and tenants who, according to said report, have encroached upon the same, to show cause why said report should not be confirmed. The summons shall be directed, executed and returned in the same manner as in section eight of this act. Upon the return of the said process duly executed defence may be made by any party; and, if the court be of opinion that said report should not to be confirmed, it shall order the commissioner to require the proprietor or tenant to remove all fences or other obstructions from within the limits of said road; and if, after reasonable notice, such person refuse or fail to remove his fence or other obstruction, the same shall be moved by the surveyor of the road precinct at the cost of the offender.

15. Draining county road, and when a portion of cost to be paid by land-owners.--When, for the proper draining of a county road, it is necessary to open a ditch or drain through the lands of individuals adjacent thereto, or to deepen or clean out a ditch or drain already opened, the commissioner of roads for the district in which said ditch or drain is to be located, or already is, shall view the lands through which it is to be opened, deepened or cleaned, and report to the county court the necessity therefor, the location of the same, the size thereof, the manner in which it should be opened, the probable cost, and the advantage, if any, the same will be to the adjacent lands, and determine how much of said costs should be borne by the county, and how much by each of the proprietors and tenanted the lands through which said ditch or drain shall pass. Five days' previous notice of the time and place of such view and examination shall be given by said commissioner to such of said proprietors and tenants. Upon the filing of the report of the commissioner, any tenant or proprietor, or any other person interested, who may feel aggrieved by the action of the commissioner, may except thereto. The court shall proceed to consider the said report and exceptions thereto, and all evidence which may be produced, and make such order therein as it deems proper, and give judgement against the proprietors and tenants for such sums as may be assessed against them in the report, or which the court may consider just to charge upon them; and may enforce the judgment by execution for such sums and the costs attending the proceeding. All sums thus collected shall be expended by the commissioner of roads of the district, or the surveyor of the precinct, in opening, deepening or cleaning the ditch or drain.

16. When the court decides in favor of establishing or
altering any road or landing, or widening or straightening any road, or building or repairing any bridge, where the cost of the same will exceed twenty dollars, the court may either direct the commissioner of the district to have said work done or the county court may contract therefor, and this end appoint the commissioner of the district to receive proposals.

17. Notices for proposals.--The commissioner to receive proposals for any work, shall publish notices in a newspaper for four successive weeks, or at the front door of the court-house on a court-day, and at three or more public places in the neighborhood where the work is to be done, that proposals for such work will be received in writing on the first day of the next court, or on such subsequent day as may be mentioned in the notice. The notice shall describe the work to be done and require such specifications to be made in the proposals as the commissioner may determine on.

18. Action of court on report of commissioner.--The court in its order appointing a commissioner to receive proposals may, in its discretion, either direct the commissioner to determine whether any, and if any, which of the said proposals he shall accept; and if the proposals of any person be accepted, to reduce to writing a contract between the county and such person; or the said court may in its said order direct that the proposals be returned to the court, which shall determine whether any, and if any, which of the said proposals shall be accepted; and if the proposals of any person be accepted, the court shall direct the commissioner to reduce to writing a contract between the county and such person.

19. Contract and bond to be executed and returned to court.--The commissioner shall report to the court every such contract, signed by the person with whom it is made, and, after an order shall be made by the court ratifying such contract, the same shall be binding upon the contractor and the county, so soon as the contractor gives bond, with sufficient sureties, to be approved by the court, and in a penalty at least double the amount which he is to receive under contract payable to the county, with condition for the faithful performance of such contract. Such bond shall be taken by the commissioner and returned to the
court. If approved by the court, the fact shall be entered of record, and the bond and contract shall remain filed in the clerk's office. The commissioner shall superintend the work contracted for and make report to the court when he considers that it has been completed according to the contract.

20. No commissioner to be contractor.--No commissioner shall become an undertaker for the work either directly or indirectly.

21. How contractor paid.--When, upon the report of the commissioner, and any evidence adduced for or against it, the court is of opinion that the work has been done according to contract, it shall order the county treasurer to the contractor, out of the road tax, the money to which he is entitled to receive under his contract.

22. Allowance to surveyor and chain carriers.--The court shall allow a reasonable compensation to the surveyor and chain carriers not exceeding three dollars per day to the surveyor, and one dollar per day to each chain carrier, when the employment of such carriers is deemed necessary, to be paid by the county.

23. When and what costs to be paid by the applicant--When the court decides against the application to establish or alter a road or landing, or to widen or straighten a road, the applicant shall pay the costs incurred in the case, except the compensation to the surveyor and chain-carriers, and except such costs as may be payable by proprietor or tenant under section eleven of this act, and the court may enforce payment thereof: provided, however, that if the commissioner of the district is the applicant, he shall not be liable for any costs, whether said application is granted or refused by the court.

24. Effect of alteration of roads; proceedings to continue roads.--When any road is altered it shall be discontinued to the extent of such alteration, and no further. The commissioner of the district, or any other person, may apply to have a road or landing discontinued after posting notice of the intended application on the first day of a term of the county court, at the front door of the court house 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 enter an order requiring the commissioner of the district to view such road or landing and report, in writing, whether in his opinion any, and if any, what inconvenience would result from discontinuing the same. Upon the said report, and other evidence, if
the court may discontinue such road or landing; taking care, in every case of an established post road, not to discontinue the same until another has been substituted; and if the court decides against said application, the same rule as to costs shall apply as in the preceding section.

25. Erection of gates.--Application may be made to the
county court of said county to permit gates to be erected
across any road therein; and a notice of such application
shall be forthwith posted at the front door of the court
house, and at two public places near where the gates are
proposed to be erected. If it appears at the next term
that the notice has been duly posted at least twenty days,
the court may, upon evidence, if any, permit such erection.
But the gates erected shall be discontinued whenever the
court may so direct, after like notice of twenty days.

26. Discontinuance of gates.--If it be suggested by any citizen of said county to the court of said county that injury or inconvenience results from such gate, the court shall cause the owner of such gate to appear at the next term and show cause why the same should not be discontinued. and upon the return of such process "executed," shall determine whether there ought to be such discontinuance or not. If the court adjudge that the gate shall be removed, the surveyor of the road precinct shall remove the same at such time as the court may order; but such person shall have the right of appeal to the circuit court. Whenever a road is established with gates, and the gates are removed as ordered, and damages are claimed by the party owning the same, the court shall direct the commissioner of the district to examine and report upon the nature and extent of the damage caused by the removal, and upon his report, and other evidence, if any, the court may allow such damages as may appear to be proper, which shall be chargeable to the county.

27. Duty of owner or occupier of dam to maintain road or bridge.--Every owner or occupier of a dam shall, so far as a road passes over the same, keep such dam in good order, at least twelve feet wide at the top, and also keep in good order a bridge of like width over the pier-head, flood-gates, or any waste cut through or around the dam, and shall erect and keep in good order a strong railing on both sides of such bridge or dam, unless such railing be dispensed with by the county court. If he fail to comply with this section, be shall be fined two dollars for every failure of twenty-four hours, but the fine shall not,
in any case, exceed fifty dollars; and when a mill-dam is carried away or destroyed, the owner or occupier thereof shall not be thenceforth subject to such fine until one month after the mill shall have been put into operation.

28. What use of bridges forbidden.--No person shall use any county bridge as a wharf from which to load or unload any vessel or boat, nor as a place of deposit for any property, nor for any other purpose except for crossing. Nor shall the master or owner of any vessel make fast the same to or lay the same alongside such bridge. Any person violating this section shall be fined not less than five nor more than twenty dollars, to the use of the county.

29. Erection and abatement of wharves, piers, and bulk-heads.--Any person owning land upon a water course may erect a wharf on the same, or pier or bulk-head in the water course opposite his land: provided the navigation be not obstructed, nor the private rights of any person otherwise injured thereby. But the court of the county after causing ten days' notice to be given to the owner thereof of its intention to consider the subject, if it be satisfied that such wharf, pier, or bulk-bead obstructs navigation of the water course, or so encroaches on any public landing as to prevent the free use thereof, may abate the same.

30. Erection of wharves at county landings.--Any person desiring the privilege of erecting a wharf at or on any county landing may, after giving notice of his intention by advertising such notice at some public place near the landing, and also at the front door of the court-house, on the first day of a term of the county court, present the court at its next term a petition for such privilege. The court may consider the same, and may, in its discretion, grant such privilege and fix such rates and charges upon such conditions and limitations as to it may seem fit. But the court, at any subsequent term, may, if it think proper, revoke such privilege, or alter such conditions and limitations, or regulate the rates and charges. This section shall not be construed to authorize the county court to grant the privilege of erecting a wharf within an incorporated town.

31. Road surveyors, their appointment and duties.-- There shall be appointed by the county court, upon the recommendation of the commissioner of the district, provided in section four of this act, one surveyor for each road precinct, subject to road duty therein, who shall hold his office for two years from the first day of July next succeeding his appointment, and afterwards until his successor is appointed and duly qualifies. Each of said surveyors shall, within thirty days from the date of his appointment, before the said court, or the judge thereof in vacation, qualify by taking and subscribing the several oaths prescribed by law to be taken by every person before entering upon the discharge of any function as an officer of this state, and by entering bond, in such penalty, not less than five hundred dollars, as may be required by said court or judge, with satisfactory security thereto, made payable to the commonwealth of Virginia, and conditioned for the faithful discharge by said surveyor of the duties of his office. For all breaches of the condition of the said bond, and for any neglect or dereliction of duty on the part of said surveyor, suit may be prosecuted upon said bond in the name of the commonwealth for the benefit of the magisterial district to which said surveyor's road belongs, and the recovery in any such suit shall inure to the road
fund of said district. Whenever any surveyor qualifies before the judge of said court in vacation, it shall be the duty of said judge to return a certificate of such qualification, together with the bond executed by the surveyor, to the clerk of said court for record in his office.

32. Duties of surveyor.--Every such surveyor shall superintend the roads in his precinct; cause the same to be kept cleared of obstructions, of necessary width, secure from the falling of dead timber therein, well drained, and otherwise in good order; and in working or draining the same, he shall, where practicable, raise the road-bed in the centre so as to cause the water to run off to each side. He 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, where it is necessary and practicable, a sufficient bridge, bench or log for the accommodation of foot passengers. Where any more important bridge or causeway is necessary, it shall be made twelve feet broad at the least, and safe and convenient. Every bridge and causeway in his precinct shall be kept by him in as good order as the means in his power will permit; and for all these purposes he shall have power, and it shall be his duty, to enroll all persons liable to road service, who are not exempt by section thirty-five of this act, and who shall have resided ten days within the boundary from which his hands are allotted.

33. Materials for roads and bridges, how provided.--The surveyor of any precinct may take from any convenient lands so much wood, gravel or earth, as may be necessary to be used in constructing or repairing any road, bridge, or causeway therein: provided such wood and other articles be not taken from any lot in a town, yard or garden, without the consent of the owner.

35. Schedule of prices for teams and implements.--The boards of supervisors shall, from time to time, fix the prices allowed for the use of teams and other implements on public roads, and prepare a schedule thereof, a copy of which shall be delivered to each surveyor 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 by the surveyor, such tools as may be necessary to keep his road in order may be furnished him by the commissioner of the district. The commissioner shall take a receipt from the surveyor for the tools furnished him; and shall see that said tools are delivered by the surveyor to his successor in office.

36. Who to work public roads.--All male persons in said county shall be compelled under the supervision and direction of the surveyor of their respective precincts, or
his deputy or agent, to work not exceeding two days in every year upon some public road in their respective precincts, not more than five miles from their place of residence, with the following exceptions, namely: ministers
of the gospel, persons under eighteen and over sixty years
of age, persons that reside in a town that keeps its streets
in order, and any person who has lost an arm or a leg,
Any person who is otherwise disabled, may be exempted
by the county court; but any such person may commute
the labor required of him in any year by paying the surveyor of his precinct one dollar and fifty cents on or before the first day of August; and it shall be the duty of every
road surveyor to post a copy of this section at three or more public or conspicuous places in his road precinct on or before the fifteenth day of July in every year. Any surveyor may work the whole, or any number of hands, as he deems best: provided, however, that not less than three hands shall be worked at one time.

37. To work when notified; fine for failure; how fine
collected.--Every person required to work on the public
roads, who has not commuted his road labor, shall, either
in person or by a sufficient substitute, when notified by
the proper surveyor one day previous to the day appointed
by him for working the road, attend with proper tools and do such work as the surveyor may direct. For every day on which there may be a failure, a fine of seventy-five cents shall be paid to the surveyor by the person in default if of full age, or if an infant, by his parent or guardian. It shall be the duty of the surveyor to collect said fine, and he shall have the right to distrain therefor, or otherwise . collect the same in the mode prescribed for the collection of taxes and county levies: provided, however, that such delinquent may, after notice to such surveyor, apply to the

county court, or judge thereof in vacation, or to the supervisor of his district, and, for good cause shown, have said fines released or remitted.

38. How fines and commutations expended.--The surveyor shall have the right to expend all fines and commutations in employing labor and hiring team and implements to put his road in good condition.

39. A day's work.--A day's work, wherever mentioned in this act, shall be ten hours.

40. Repair of minor bridges.--When a surveyor finds it necessary to build or repair a bridge where the expenditure will not exceed twenty dollars, he shall make application to the commissioner of roads for his district for authority to purchase such material as may be necessary to build or repair the same; and such commissioner, by an order under his hand, may authorize him to expend such amount as to him shall seem proper for such purpose, and shall direct what kind of material shall be used.

41. Reports of surveyors.--Every surveyor shall make quarterly reports, under oath, to the commissioner of his district of all moneys collected, whether consisting of fines or commutations of road labor, from whom, and the date when received; all expenditures, when and to whom made, and return vouchers therefor; the number of days he worked his road during the quarter; how many hands be employed each day, and whether they were hired or persons liable to road duty; also the names of those failing to work when duly notified, and what steps were taken by him to collect the fines from said delinquents, and from whom he was unable to collect said fines. Also he shall make an estimate of what expenditures will be required on his road, and suggest bow they shall be made.

42. Warrants for bridges.--Whenever it appears from the surveyor's report that he has built or repaired a bridge that was previously ordered by the commissioner, and
that the bridge was built or repaired in accordance with said order, the commissioner shall draw a warrant on the county treasurer, payable out of the district fund, in favor of such persons and for such sums as said surveyor's report may show to be due.

43. Reports of commissioners of roads.--Each commissioner of roads shall examine the roads in his district at least once in every three months, and make a quarterly report to the county court of the condition of each road precinct, the work done in the same, and all delinquencies or cases of neglect by surveyors, which report shall be sworn to by the commissioner. In the last quarterly report in each year, the commissioner shall also include an account of all moneys expended during the year, whether by the surveyors of his district or himself, and all work done; also make an estimate of the necessary amount required for the coming year, the work which will be required, and suggest as to the best mode for working and improving the roads.

44. Derelictions of duty on part of surveyors.--Whenever it appears from the report of the commissioner of roads, or the sworn complaint of any citizen of the county, that the surveyor of any precinct does not keep his road in proper order, or is guilty of any dereliction in the die. charge of his duties, it shall be the duty of the attorney for the commonwealth of the county to file in the county court an information against the said surveyor, or prefer to the next grand jury an indictment based on said report or complaint; and the court shall award against said surveyor a summons to answer said information or indictment, as the case may be; and shall proceed to try said information or indictment, and if the jury find him guilty, they shall impose a fine upon him, not less than five nor more than thirty dollars. The failure to pay any fine so imposed shall be deemed a breach of the condition of the bond executed by the surveyor on his qualification. All such fines collected from a surveyor shall be expended upon the roads in his precinct, and all the sums recovered on the bond of a commissioner of roads for dereliction of duty shall go into the fund of the district of which be was commissioner.

45. Removal from office of commissioner and surveyor.--Commissioners of roads and surveyors of roads shall be liable to be removed from office by the county court for malfeasance, misfeasance, incompetency or gross neglect of official duty; and any person, after being surveyor for two years, may give up his office, if his road be in good order, and shall not, within two years thereafter, be appointed surveyor without his consent. All proceedings under this section shall be by order of, or on motion before, said court, upon reasonable notice to the officer to be affected thereby ; and such officer shall have the right to demand a trial by jury.

46. Commissioners of roads to submit an estimate to board of supervisors.--Each commissioner of roads shall, ten days before the annual meeting of the board of supervisors, submit to said board an estimate of the amount in his opinion necessary to be expended on the roads in his district for the ensuing year; and in said estimate shall distinguish between the amount necessary to be expended in establishing or altering roads or landings and widening or straightening roads, and building and repairing bridges where the probable expenditure will exceed twenty dollars; and the amount necessary to be expended in working and draining the roads, and building and repairing bridges where the probable expenditure will be less than twenty dollars.

47. Levy by the board of supervisors.--The board of supervisors shall, at their annual meeting, levy upon the assessed property of each magisterial district an amount sufficient for working and draining the roads in that district, and for building and repairing the bridges of the same in all cases where the probable expenditure will not exceed twenty dollars, and shall levy upon the assessed property of the county at large an amount sufficient for establishing or altering roads or landings, widening or straightening roads, and building and repairing bridges where the probable expenditure will exceed twenty dollars; but that the levy in both cases shall not exceed fifteen cents on the one hundred dollars of the assessed value in any district; which levy is to be applied to no other purpose, and shall be extended on the books of the commissioner of the revenue by the designation of "road tax."

48. Apportionment of the levy made for working the roads, et cetera.--The amount realized from the levy made in each magisterial district for working and draining the roads, and building and repairing bridges where the probable expenditure will not exceed twenty dollars, shall be apportioned by the commissioner of roads for that district amongst the several road precincts in said district, according to their respective needs and requirements, taking into consideration the character of said roads and the difficulty and expense of keeping them in order, and the means, other than the levy, under the control of the surveyor.

49. Appeal from commissioner's apportionment.--From the commissioner's apportionment the surveyor of the precinct or any ten of the persons required to work the same, may appeal to the board of supervisors, who shall, at their next meeting, bear and decide the same. The commissioner shall file with the clerk of the said board a copy of his apportionment within ten days after the same is made.

50. Compensation of commissioner of roads.--Each commissioner of roads shall receive as compensation three dollars per day for the time actually and necessarily employed in performing the several duties required of him under this act; but not to exceed thirty dollars in the district of the Islands, nor one hundred dollars in each of the other districts in any one year.

51. Compensation of surveyors.--Each surveyor of roads shall receive as compensation two dollars per day for time actually and necessarily employed on his road, but not to exceed fifty dollars in any one year; and also five per centum commission on all fines or commutations received, and on all moneys disbursed.

52. All acts or parts of acts inconsistent with this act are hereby repealed.

53. This act shall be in force from its adoption by the board of supervisors of said county.