CHAP. 702.—An ACT to provide for Boards of appralsers to as-
seas damages to owners of property injured on railroad tracks.

Approved March 4, 1892.

1. Be it enacted by the general assembly of Virginia,
That whenever any property is injured by any train of
cars or locomotive upon any railroad track within this
state, it shall be lawful for the owners of the property so
injured to have the property examined and the damages as-
sessed by a board of appraisers in the following manner:
The owner of such property, his agent or attorney may
appoint a discreet, intelligent and disinterested free-
holder of the county where the injury occurred, as the
appraiser in his behalf, and notify the nearest section
foreman of the company, or person in charge of such sec-
tion, that such an appointment has been made, and there-
upon it shall be the duty of such section foreman to ap-
point a like appraiser on behalf of the railroad company,
who, after belng duly sworn, shall constitute a board of
appraisers, to examine the property injured, and if the
same be killed, fix the fair cash value thereof; and if the
same be crippled, fix the amount of the deterioration of
such fair cash value by reason of the injury. In case
said two appraisers are unable to agree, they may appoint
a third, who being duly sworn, shall be a member of the
board, any two of whom may then determine the matter.
The said board shall make duplicate returns in writing,
one to said owner and the other to said section foreman,
carefully describing the property injured, the nature of
the injury, and the value or deterioration in value, as
hereinbefore provided. And in any action or suit for anv
such injury the amount so found by said board shall be
taken prima facie as the true value of said property or
amount of such deterioration.

2. The station agents of the railroad companies in this
state are hereby authorized to administer the oaths pro-
vided for by this act, but shall not be authorized to make
any charge therefor.

3. The appraisers shall receive for their services under
this act, each the sum of one dollar, to be paid equally
by the railroad company and the owner of the property
injured, but in case of action or suit, the successful party
shall recover as a part of his costs the amount of com-
pensation paid by him to the appraisers.

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