Chap. 349.—An ACT to Provide the Mode of Ascertaining (
tion for Land Condemned for a Road or Landing.

Approved April 30, 1874.

1. Be it enacted by the general assembly of Virginis
the twenty-sixth and twenty-seventh and thirty-secot
tions of chapter fifty-two of the Code of eighteen hi
and seventy-three, be amended and re-enacted so a3 ¢
as follows:

Ҥ 26. Upon the return of the said process so exec
the court has enough before it to fix upon a just con]
tion to the proprietors and tenants, and they are will
accept what it deems just, it may determine the matter’
out further proceeding.

Ҥ 27. But if any tenant or proprietor desire it, or!
court see cause for so doing, it shall appoint five disinte!
freeholders of the county (any three of whom may a
the purpose of ascertaining a just compensation for thé
to be used for such road or landing. Said commiss
shall meet on the lands of such proprietors and tena
may be named in the order of court, at a certain plac _
day therein also specified, of which notice shall be gives’
the sheriff to such proprietors or tenants, except only ths
need not be given to one present at the time of making -
order. Any one or more of said commissioners attendiz:
the land as aforesaid may adjourn from time to time til:'
business shall be finished. The said commissioners, it :
discharge of their duties, shall comply in all respects witht
provisions of sections nine and ten of chapter fifty-six oft
Code of eighteen hundred and seventy-three, and forthw
make return of their report and the certificate of the jas
to the court of the county or corporation; and unless
cause be shown against the report the same shall be «
firmed. If, however, good cause he shown against the sat
or if the commissioners report their disagreement, or if th
fail to report within a reasonable time, the court may.
often as it seems to it proper, appoint other commissiore
and the matter proceeded in as before prescribed.”’

Ҥ 32. When the record shows that the sum allowed!
the commissioners as compensation to any proprietor or tt
ant is not more than the court, before making the orders
pointing such commissioners, had consented to allow b!
such proprietor or tenant shall be adjudged to pay the costs
occasioned by such order.”

2. Sections twenty-eight and twenty-nine of chapter fifty-
two of the Code of eighteen hundred and seventy-three are
hereby repealed.

3. The commissioners appointed to act under this act shall
each receive one dollar per day for their services.