Chap. 848.—An ACT to amend and re-enact an act approved February 28, 1890.
entitled an act to amend and re-enact an act approved February 3, 1888, en-
titled an act to amend and re-enact section 8 of chapter 61 of the code of Vir-
ginia,as amended by an act approved March 9, 1890, as amended by an act
approved March 30, 1887,as amended by an act approved May 21, 1887,to amend
and re-enact section 12 of said chapter 61 of the code of 1873, which is section
1196 of the code of Virginia in relation to turnpike companies.

Approved March 5, 1896.

1. Be it enacted by the general assembly of Virginia, That section
eight of chapter sixty-one of the code of Virginia of eighteen hundred
and seventy-three, as amended by an act approved March ninth, eigh-
teen hundred and eighty, as amended by an act approved March thir.
tieth, eighteen hundred and eighty-seven, as amended by an act ap.-
proved May twenty-first, eighteen hundred and eighty-seven, and
said section eight and section twelve of said chapter sixty-one, in
relation to turnpike companies, as amended by an act approved Feb.
ruary third, eighteen hundred and eighty-eight, as amended by an
act approved February twenty-eighth, eighteen hundred and ninety,
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, or the judge thereof in vacation, in which
said road may lie, for a 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 presi-
dent 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 ap-
point 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 thére
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 sec-
tion 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 such
last mentioned report and on any report made by viewers under this
section, if made against the turnpike company, of which the turn-
pike company shall be forthwith notified by the clerk of the courtor
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 report for further proceedings, as
it may deem advisable; provided that the provisions of this act shall
not apply to the Staunton and Parkersburg turnpike road nor to any
turnpike road in the counties of Clarke or Frederick.

§ 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 reporta
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 appli-
cation of the president or one of the directors of the company, a jus-
tice shall issue his warrants for summoning the same freeholders, or
in case of a vacancy or vacancies enoygh other disinterested free-
holders to fill such vacancy or vacancies, to be named in the war-
rants, to meet on the said section at a certain specified time, which
shall be as soon as convenient, and ascertain whether the said sec-
tion 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 con-
tained in the preceding five sections shall be construed to refer to
any turnpike placed under the exclusive control of the board of pub-
lic works by the general assembly.

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