CHAP. 21.—An ACT to amend and re-enact the sixteenth section of an
act approved February tweuty-fourth, eighteen hundred and sev-
enty-six, enfitled an act to provide for the working of roads in the
county of Fauqnier. -

Approved January 10, 1879.

1. Be it enacted by the general assembly of Virginia, That
the sixteenth section of an act of general assembly of Virginia,
approved February twenty-fourth, eighteen hundred and sey-
enty-six, entitled an act to provide for the working of roads in
the county of Fauquier, be amended and re-enacted so as to
read as follows:

§ 16. That the court shall examine the amount of damages
assessed, and if satisfied 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 be
paid by the magistertal district or districts through which the
road may pass, in such proportion as the damages may have
been assessed in the said districts respectively; but upon the

return of the report of the viewers, the proprietors and tenants
of land, upon which said road ‘will be, if established, shall be
summoned to show cause against said report, and any proprie-
tor or tenant of lands on which said road will be, if established,
may enter himself a party defendant 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 commis-
sioner of roads: provided that the viewers and surveyor shall
be paid out of the county treasury ; and provided further, that
‘no such opening or change of road shall be made through any
enclosed lands, except by consent of the proprietor, until the
damages allowed him shall be actually paid.

2. This act shall be in force from its passage.