Chap. 403.—An ACT to amend and re-enact section 5 of chapter 10 of chapter
609 of the acts of the general assembly of Virginia, 1902-3-4, relating to
turnpike companies, which became a law January 18, 1904. [H B 270]

Approved March 23, 1918.

1. Be it enacted by the general assembly of Virginia, That
section five of chapter ten of chapter six hundred and nine of the
acts of general assembly of Virginia of nineteen hundred and two-
three-four, be amended and re-enacted as follows:

Section 5. Any person or persons alleging that a turnpike road,
or any section thereof, 1s out of repair, may apply by petition in
writing to the circuit court of any county, or to the judge thereof
In vacation, in which said road may hie, for a summons to three free-
holders not residing on said road and not being county officials, to
meet on said section or sections at a day specified, and examine the
same; five days’ notive of such application shall be given to the
president or to one of the directors of said company, or. if it be a
State road, to the superintendent thereof; and the said court, or
judge thereof in vacation, shall forthwith appoint such viewers of
said road, if, upon the hearing of said petition, the same shall ap-
pear reasonable and proper; and it shall be the duty of the judge
of the circuit court of any county in which there may be a turn-
pike road upon which tolls are charged, three times a year, in term
or vacation, in the months of April, August and December, to ap-
point three such viewers for each of such turnpike roads in such
county, who shall, at a time to be specified in the order, examine
the same; and all viewers, provided for herein, shall be paid by the
company for their services, unless otherwise directed by the court.
All proceedings under said appointments of the court, or of the
judge thereof, shall be as provided by section six, seven, and eight
and nine of this chapter; except that, in the case of any turnpike
road in which the State has an interest, a copy of the report of the
viewers, if against the road, shall be certified by them to the State
corporation commission, and the facts certified by them to the court,
and the cost thereof shall be as the court may direct; and except,
also, that, on any report made by viewers under this section, whether
for or against the turnpike company, of which report the turnpike
company and the informant shall be forthwith notified by the clerk
of the court, either party in interest may appeal to said circuit court;
and said court may, on said appeal, receive evidence and confirm,
set aside, modify or recommit said report for further proceedings,
according to the merits of the cause, and make such order as to
costs as to it may seem fit.