Chap. 89.—An ACT to amend section 1092 of the code of Virginia, in relation
to railroad and canal companies providing wagon-ways for land-owners.

Approved January 29, 1594.

1. Be it enacted by the general assembly of Virginia, That section
ten hundred and ninety-two of the code be amended and re-enacted
so as to read as follows:

§ 1092. Company to provide wagon-ways.—It shall be the duty of
every railroad or canal company, whose road or canal passes through
the lands of any person in this state, to provide proper and suitable
wagon-ways across said road or canal from one part of said land to
the other, and keep such ways in good repair. Such ways shall be
constructed on the request of the land-owner in writing, made to
any section master or employee of the company having charge or
supervision of the road or canal at that point, and shall designate
the points at which the wagon-ways are desired. If the company
fail or refuse for ten days after such request to construct the wagon-
ways of a convenient and proper character at the places designated,
then the ow ner, having given ten davs’ notice in writing to such
section master or employee, may apply to the county court of such
county for the appointment of three disinterested commissioners,
whose lands do not abut on the railroad or canal, whose duty it
shall be to go upon the land and determine whether the wagon-ways

asked for should be constructed. Their decision shall be in writing,
and if favorable to the land-owner, it shall set forth the points at
which the wagon-ways should be constructed, giving also a descrip-
tion of what should be done by the company to make a suitable and
convenient way. The decision shall be returned to and filed in the
clerk’s office of the county court of such county, and when called up
at the next or any succeeding term of said court it shall be con-
firmed, unless good cause is shown against it by the company,
either party to have the right to appeal from the judgment of the
court to the circuit court. If the company shall fail for twenty
days after the confirmation by the court of a report favorable to the
Jand-owner to make the wagon-ways therein referred to of a suitable
and proper character, then thereafter it shall pay the land-owner five
dollars for every day of such failure. The commissioners shall
each receive for their services the sum of one dollar per day, to be
taxed as a part of the costs of the proceeding.

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