Chap. 194.—An ACT to amend and re-enact the forty-seeond section
of an act approved March twenticth, eightcen hundred and seventy-
five, as arnended by an act approved March twenty-seventh, eighteen
hundred and seventy-six, in regard to working and keeping in order
the roads of the commonwealth.

Approved March 20, 1877.

1. Be it enacted by the general assembly of Virginia, That
section forty-two of an act approved March twentieth, eigh-
teen hundred and seventy-five, entitled an act to provide for
working and keeping in order the roads of the commonwealth,
as amended by an act approved March twenty-seventh, eigh-
teen hundred and seventy-six, entitled an act to amend and
re-enact the forty-second section of the act approved March
twentieth, eighteen hundged and seventy-five, entitled an act
to provide for working and keeping in order the roads of the
commonwealth, be amended and re-enacted so as to read as
follows: co
§ 42. It shall be lawful for the county courts of this com-
monwealth to grant authority to individuals to construct or
build tram-roads along the county roads: provided they do
not unnecessarily interfere with public travel along such
roads, or the proprietory rights of parties along the line of
such tram-road; and if there be such interference, either the
panes owning the soil, or the party building or proposing to
uild such tram-road, may apply to the county court of the
county in which the real estate lies, to appoint one or more
commissioners, or threc or more viewers, to examine the pre-
mises, and particularly to report the facts and circumstances
useful to enable the court to determine whether or not there
will be an interference with the public travel, or with the
rigbta and interests of the owner of the soil, and what com-
pensation, if any, is due him forsuch interference. Upon the
report of the commissioners or viewers, the court shall direct
the clerk to post at the front door of the courthouse a notice
summoning all parties interested to appear and show cause
agatnst the same; and if it appear that the said notice has
been so posted for twenty days before the commencing of the
term at which the report is to be passed upon, such action
and proceedings shall be had and order made, as are provided
by the sixth, seventh and eighth sections of chapter one
hundred and eighty-one of the acts of eighteen hundred and
seventy-four-five, entitled an act to provide for working and
keeping in order the roads of the commonwealth, approved
March twentieth, eighteen bundred and seventy-five. The
said tram-roads shall not exceed six feet on one side or the
other of such county roads.
2. This act shall be in force from its passage.