Chap. 297.—An ACT to amend and re-enact sections 7 and 9 of chapter 10 of
chapter 609 of the acts of the general assembly of Virginia, 1902-'03-’04,
relating to turnpike companies.

Approved March 17, 1906.

1. Be it enacted by the general assembly of Virginia, That sections
seven and nine of chapter ten of chapter six hundred and nine of the acts
of assembly, nineteen hundred and two, nineteen hundred and three, nine-
teen hundred and four, be amended and re-enacted so as to read as follows:

$7. The report of the freeholders shall be annexed to the summons and
shall be to the following effect :

We, ————— ————,, freeholders named in the summons hereto
annexed, certify that after having been duly sworn, we have in pursuance
thereto examined the section herein mentioned and report the condition
of the same to be as follows: ——__—- ——_—, and make the following
recommendations : —_—..

§9. All tolls upon any section or sections of the road of any turnpike
company pronounced to be out of repair by the viewers, and over which
they recommend that the tolls be suspended, shall from the time of the
filing of the report of the viewers in the clerk’s office, be suspended, un-
less an appeal be taken from the decision of the said viewers as provided
in section five of this act; and in the event that the circuit court shall
confirm the said report of viewers, upon appeal, or in the event that no
appeal be taken, the tolls thus suspended shall remain suspended until
said section or sections shall be put in good repair and ascertained so to

be as follows:
On the application of the president, or one of the directors of the com-
pany, a justice shall issue his warrant for summoning three freeholders
of the county not living on or regularly using said road, to be named in
the warrants, to meet on the said section at a certain specified time, which
shall be as soon as convenient, and ascertain whether the said section is
in good repair or not; and the proceedings upon such warrants shall be
the same as are prescribed in the preceding sections; the fees of the
officers and viewers shall be paid by the company: provided, that where
viewers, appointed by the circuit court of any county in which there may
be a turnpike road upon which tolls are charged, or by the judge thereof
in vacation, shall have reported such turnpike, or any section or sections
thereof as not in good repair, and payment of tolls on the same shall
have been suspended in the manner provided by law, should such turnpike
company allow its said road, or any section or sections thereof, to remain
for four months consecutively in such condition that tolls are not allowed
to be charged thereon, the Commonwealth’s attorney of such county, or of
any adjacent county, may apply by petition in writing to the circuit court
of such county in which such turnpike road is situated to have the said
turnpike, or any section or sections thereof in said county upon which
tolls are not allowed to be charged, again viewed by freeholders, of which
petition five days’ notice in writing shall be given to the president, or
one of the directors or any agent or employee of the said turnpike com-
pany; and the said circuit court shall cause the said turnpike, or any
section or sections thereof in said county upon which tolls are not
allowed to be charged, to be examined by three freeholders of the county
not living on or regularly using said road, as prayed in said petition;
all proceedings following said petition to be as provided by sections five.
six, seven, and eight of this chapter: provided, that the report of the
said freeholders shall, in addition to the report required by section seven,
of this chapter, state whether in their opinion the said turnpike com-
pany has prior to service of such notice made substantial effort to put in
good repair such section or sections of this road since the same was or
were declared as not in good repair and tolls thereon suspended.

Upon the filing of the report of the said viewers, the said court may
set a day for the consideration of the said report, of which due notice in
writing shall be served upon the president, or any director or agent or
employee of the said turnpike company, and upon said hearing, the said
court may confirm, set aside, or recommit said report for further pro-
ceeding, or may enter such order in the premises as it may deem ad-
visable; but, if upon hearing herein provided for, or any subsequent hear-
ing, the said court shall be of the opinion that the said road, or any sec-
tion or sections thereof, is or are not in good repair, and that the said
turnpike company has not made real and substantial effort to put the
said road and the sections thereof in good repair, after tolls were sus-
pended thereon, according to this section, then the said court may enter
its order declaring that the said turnpike company has abandoned its said
road in said county, and thereupon the charter and franchises of the said
turnpike company as to said road in said county shall be forfeited. Any
turnpike company whose charter and franchises have been declared for-
feited as to said county by said order may appeal from the decision of the
said court to the supreme court of appeals.