Chap. 292.—An ACT to provide for the establishment of ferries in the
county of Carroll,

Approved March 14, 1878,

1. Be it enacted by the general assembly of Virginia, That
any person desiring to establish a ferry across any water-
course in the county of Carroll, whether it be a stream
bounding the county or not, who owns, or who has contrac-
ted for the use of land on both sides or on one side of the
stream, at the point at which he wishes to establish the same,
may, after publishing notice of his intention at the front door
of the courthouse, on the first day of each of the two next
preceding terms; aud in case the applicant only owns, or has
contracted for the use of land on one side of the stream,
after giving the owner of the land on the opposite side writ-
ten notice of such intention for at least twenty days before
such application, apply to the court of the county, or of one
of the counties in which he desires to establish such ferry,
for leave to establish the same.

2. If the place at which the ferry is proposed, be half a
mile or more by the course of the stream from any ferry
legally established, the application shall be referred to the
commissioners of roads for the county or to three or more
viewers, to be appointed by the court; and the said viewers
or commissioners after giving the applicant and the law-
owner other than the applicant, and with whom no contract
has been made, notice of the day upon which they will make
such view, shall view the said place and upon oath report
their opinion whether or no, public convenience will result
from the proposed ferry and especially whether any yard,
garden, orchard, or any part thereof will in such case have
to be taken; and will also report what in their opinion, would
be a fair compensation to the owner of the land other than
the applicant, and with whom no contract has been. made,
for the use of a sufficient quantity of land for said ferry ;
which land said commissioners or viewers shall circum-
scribe. bd

- 8. Upon such report and any other proper evidence offered
by the applicant, any land-owner or any person who may
make himself a party and contest such application, the court
may reject the application, or may, unless the water-course
at such place be the division line between the two coun-
ties, grant leave to establish said ferry upon the appli-
cants paying such land damages as the court may fix and
the cost of the application except that where the appli-
cation is resisted by the land-owner and the court allows
him no more compensation than was fixed by the commis-
sioners or viewers or where the contestant is not a land-
owner, then the costs incurred in court after the return of
the report is to be paid by such land-owner or other contest-
ant; and the court shall prescribe the number of hands and
the number and kind of boats to be kept and the rates of fer-
riage for persons and things at the same.

4. If, however, the said water-course be such division line,
and the court be of opinion that the application ought to be
granted, it shall certify to the court of the other county, such
Opinion, with the number of hands and the number and kind
of boats, and the rates of ferriage which it deems proper at
the same, the compensation fixed for any land-owner and
judgment for costs given and the amount thereof. The
applicant may then apply to the court of such other county,
after notice therein as prescribed by the twelfth section, and
said court, upon the report made to the other court, and any
other proper evidence offered by the applicant, any land-
owner or other party contesting, may reject the application,
or grant the same on the terms prescribed by the other
court.

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