Chap. 77.—An ACT to amend and re-enact section 8 of chapter 61 of
the Code of Virginia, as amended by an act approved March 30.
1887, as amended by an act approved May 21, 1887, and to amend
and re-enact section 12 of said chapter 61 in relation to turnpike
companies.

Approved February 3, 1888.

1. Be it enacted by the general assembly of Virginia, That
section eight of chapter sixty-one of the Code of Virginia, as
amended ir an act approved March ninth, eighteen hundred
and eighty, as amended by an act approved March thirtieth,
eighteen hundred and eighty-seven, as amended by an act
approved May twenty-first, eighteen hundred and’ eighty-
seven, and section twelve of said chapter sixty-one in rela-
tion to turnpike companies, be amended and re-enacted so as
that said sections eight and twelve shall read as follows:

§ 8. Any person or persons alleging that a turnpike road
or any section thereof is out of repair, may apply by petition
in writing to the court of any county if in session, or the
judge thereof in vacation, in which said road may lie, for a

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summons to three freeholders not living on said road, to meet
on said section at a day specified and examine the same; five
days’ notice of such application to be given to the president |
or one of the directors of said road, or if it be a state road to
the superintendent thereof, and the said court shall forthwith
appoint such viewers of said road, if upon the hearing of said
petition the same shall appear reasonable and proper, and it
shall be the duty of the judge of the county court of any.
county in which there may be a turnpike road upon which
tolls are charged three times a year, to-wit: at the April,
August, and December terms of his court to appoint three
such viewers for each of such turnpike roads in his county,
who shall at a time to be specified in the order, examine the
same and be paid by the company or the county as provided
in section eleven of this chapter; and all proceedings under |
said order of the court shall be as provided by sections nine,
ten, eleven, and twelve of this chapter, except that in case of
any turnpike road owned by the state, the report of the viewers,
if against the road, shall be to the board of public works, and
the facts certified to the court, and the cost to be paid as the.
court may direct; and except that on said last mentioned
report, and on any report made by viewers under this sec-
tion, if made against the turnpike company, of which the
turnpike company shall be forthwith notified by the clerk of
the court, or of the board of public works as the case may be,
the said company may appeal to said county court, and said
court may on such appeal, confirm, set aside, or recommit said
reports for further ik aa as it may deem advisable:

rovided, that the provisions of this act shall not apply to the
Rteanton and Parkersburg turnpike road nor to any turn-
pike in the counties of Clarke or Prederick, nor to the Lynch-
burg and Salem turnpike road, in the county of Campbell,
nor Lynchburg and Campbell courthouse turnpike in the
county of Campbell.

§12. All tolls upon any section so pronounced not to be in
good repair, shall be suspended from the time of the filing of the
reports of the viewers in the clerk’s office until the said section
shall be put in good repair and ascertaining so to be as follows:
on the application of the president or one of the directors of
the company, a justice shall issue his warrants for summon-
ing the same freeeholders, or in case of a vacancy or vacan-.
cies, enough other disinterested freeholders to fill such
vacancy or vacancies to be named in the warrants, to meet
on the said section at a certain specified time, which shall be
as soon as convenient, and ascertain whether the said section
is in good repair or not; and the proceedings upon such war-
rants shall be the same as are prescribed in the preceding
sections; the officers’ fees shall be paid by the company. But
nothing contained in the preceding five sections shall be con-
strued to refer to any turnpike placed under the exclusive
control of the board of public works by the general assembly.

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