Chap. 177.—An ACT to amend and re-enact the 16th section of an act en-
titled an act to amend and re-enact an act entitled an act to provide for
the working of roads in Fauquier county, Virginia, approved January 25,
1900.

Approved February 15, 1901.

1. Be it enacted by the general assembly of Virginia, That section
sixteen of an act entitled an act to amend and re-enact an act entitled an
act to provide for the working of roads in Fauquier county, Virginia,
approved January twenty-fifth, nineteen hundred, be amended and re-
enacted so as to read as follows:

$16. That the court shall examine the amount of the damage assessed
and if satisfied that the public interest will be subserved by its payment
and the opening of the road, or the proposed change, shall approve the
report and order the damages to he paid by the magisterial district, or
districts through which the road may pass, in such proportion as the
damages may be assessed in the said districts, respectively ; but upon the
return of the report of the viewers the proprietors or tenants of the land
upon which said road will be established, shall be summoned to show
cause against said report, and if any proprictor or tenant of lands on
which said road will be, if established, may enter himself a party de-
fendant to said petition, 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 commissioner of roads: provided, that the viewers and surveyors
shall be paid out of the county treasury: and provided further, that no
such opening or change of road shall be made through any inclosed lands,
except by consent of the proprietor, until the damages allowed him be
actually paid.
2. This act shall be in force from its passage.