Chap. 373.—An ACT to authorize the board of supervisors of the
county of Henrico, Virginia, to condemn stone, gravel, or earth, for
use upon the roads of said county.

Approved May 21, 1887.

1. Be it enacted by the general assembly of Virginia, That
the board of supervisors of the county of Henrico, Virginia,
may, by its officers, agents, or servants, enter upon any con-
venient lands for the purpose of obtaining therefrom stone,
gravel, or earth to be used in constructing, improving, or re-
pairing the roads of said county, or any bridge or causeway
therein. And when it cannot agree on the terms of purchase
with those having right thereto, it shall give to the tenant of
the freeholder, or his tenant for years, at least five days’ no-
tice in writing, that on acertain day to be specified in the
notice, that application will be made to the court of the said
county to appoint commissioners to ascertain what will bea
just compensation for the same. The court shall appoint
three disinterested freeholders as commissioners, who, after
being duly sworn, shall vicw the premises and report in
writing the extent to which stone, gravel, or earth is pro-
posed to be taken, the length of time it is desired to take the
same, and the nature of the injury which may be done in
quarrying, digging, or carrying away the same, and what
will be a just compensation therefor. The certificate of the
commissioners having been sworn to, their report shall be
forthwith returned to the court. If good cause be shown
against the report, or if the commissioners cannot agree, or
fail to report within a reasonable time, the court may, as often
as scems to it proper, appoint other commissioners, who shall
act and report in the manner before prescribed. If the re-
port be confirmed, the same shall be recorded. Then upon the
payment to the person entitled thereto, or into court, of the
sum so ascertained, the board may take and carry away the
stone, gravel, or earth for which such compensation may have
been allowed; and though the report may not be confirmed,
yet, upon the payment into court of the sum therein men-
tioned, it may proceed in like manner as if the report had
been confirmed, and payment made of the sum thereby ascer-
tained. Upon the coming in of a new report, after such pay-
ment into court, the court, if it affirm the report, shall render
judgment in like manner asin cases provided for by the four-
teenth section of the fifty-sixth chapter of the Code of Vir-
ginia, edition of eighteen hundred and seventy-three. From
the time of any such judgment ayainst the said board, its
right so to quarry, dig, take, or carry away, shall be suspended
until the said judgment shall be satisfied.

2. That such material shall not be taken from any lot in a
town yard or garden without the consent of the owner.

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