Chap. 346.—An ACT to amend and re-enact section 8 of chapter 61 of!
the Code of Virginia, as amended and re-enacted by an act approved
March 9, 1880, as amended by an act approved March 30, 1887.

Approved May 21, 1887.

1. Beit enacted by the general assembly of Virginia, That
section cight of chapter sixty-one of the Code of Virginia.
as amended by the act approved March ninth, eighteen bun-
dred and eighty, be 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, may apply, by petition
in writing, to the court of any county in which said road may
lie, for | summons to three freeholders not living on said
road, to meet on said section at a day specified and examine
the same; ten day’s 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 appoint sucb 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
amy county in which there may be a turnpike road upon
which tolls are charged, twice a year, to-wit: At the April
and October terms of his court to appoint three such viewers
for each of such turnpike roads in his county, who shall, ata
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 court shall be as provided by sections nine, ten, eleven,
and twelve of this chapter, except that in case of any turn-
pike road owned by the State, the report of the viewers, if
against the road, shall be to the board of public works and
that fact certified to the court, and the costs be paid as the
court may direct; and except that on said report, said turn-
pike company may appeal to said county court, and said
court may on such appeal confirm, set aside, or recommit said
report for further proceedings, as it may deem advisable.
2. This act shall be in force from its passage.