Chap. 17.—An ACT to amend and re-enact section 8 of chapter 61 of
the Code of Virginia, as amended by an act approved March 9, 1880,
in relation to turnpike companies.

Approved March :30, 1887,

1. Be it enacted by the general assembly of Virginia, That
section eight of chapter sixty-one of the Code of Virginia, as
amended by an act approved March ninth, eighteen hundred
and eighty, beand the same is hereby amended and re-enacted
so as to read as follows

§ 8. Any person or persons alleging that a turnpike road,
or any section thereof, is out of repair, inay apply by peti-
tion in writing to the court of any county In which said road
may lic, fora summons to three frecholders, not living on said
road, to mect on said section at a day specified, and examine
the same, ten 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, the superintendent thereof and the said court
shall appoint such viewers of said road, if} upon the bearing
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
January, May and September terms of his court, to appoint
three such viewers for cach of such turnpike roads in his
county, who shall examine the same, and be paid by the com-
pany or the county, as provided in section eleven of this
chapter; and proceedings under said order of the court
shall be in all respects as now provided for by sections
nine, ten, eleven and twelve of this chapter, except that in
the case of wny turnpike road owned by the state. the report
of the viewers, if agaist the road, shall be to the board of
public works, and that fact certitied to the court, and the
costs paid as the court may direct: provided that the pro-
visions of this act shall not apply to the Staunton and Par-
kersburg turnpike roud nor to the Berryville and Charles-
town turnpike road in the county of Clarke.
2. This act sball be in force from its passage.