Chap. 809.—An ACT to provide for the appointment of viewers for turnpikes or
toll roads, any part of which are lying and situate in the county of Frederick,
Virginia; to detine the duties of said viewers, and to define and prescribe the
duties of the several turnpike companies or owners of toll roads, any part of
which is lying or situate in said county.

Approved March 3, 1898.

1. Be it enacted by the general assembly of Virginia, That when any
five freeholders residing in the county of Frederick shall make complaint
in writing to the county court of Frederick county, or to the judge
thereof in vacation, that any turnpike or road, any part of which is lying
or situate in Frederick county, and upon which toll is charged, is not in
a tollable condition, or that any section of such turnpike or toll road is
not in a tollable condition, a copy of said complaint having been served
upon the president or one of the directors of said turnpike company or
toll road at least five days before the hearing of said complaint, then in
the discretion of the said county court, or the judge thereof in vacation,
shall appoint three persons residing at a distance of not less than five
miles from said road of which the complaint is made, who shall, as soon
as possible, travel over said road or said section and view the same, and
shall make their report in writing upon the condition of said road to the
said county court, or the judge thereof in vacation. The viewers so ap-
pointed shall none of them be a director or other officer in any turnpike
company. Nor shall the court under this act have the authority to ap-
point viewers oftener than once in every three months. Before proceed-
ing to act they shall take oath to well and truly perform their duty in
the premises, and it shall be unlawful for them to accept any favor while
acting as viewers from any turnpike company or any owner or owners of
any toll road whose road or any section thereof they are appointed to
view. If their report should be that the road or turnpike is not ina
tollable condition, or that any section thereof is not in tollable condition,
then the said county court, or the judge thereof in vacation, shall enter
an order directing that no toll shall be charged on said turnpike or road
or section thereof so declared not to be in a tollable condition; and it
shall not be lawful for such turnpike company or owner of such toll road
to charge toll upon said turnpike or road reported not tollable, or upon
any section thereof reported not tollable, until the order of the county
court, or the judge thereof in vacation, shall be rescinded, as provided
for in section two of this act: provided that five days shall be given the
turnpike company or toll road of the time and place when action by
the court or judge will be had.

2. As provided in the preceding section, the county court of Frederick
county, or the judge thereof in vacation, shall appoint three viewers
selected from residents of the county of Frederick, not residing near said
road nor connected in any way with the management of said road or
any part thereof, nor with the management of any other turnpike com-
pany or toll road, which said viewers shall, as soon as may be, proceed
to view the said road, or section, and travel over the same, and having
done so, shall forthwith make their report in writing to the county court,
or to the judge thereof in vacation. If their report be that the road is
in a tollable condition, then the said county court, or the judge thereof
in vacation, shall enter an order setting aside the order entered by virtue
of the first section of this act, which said order shall allow said turn-
pike company to charge toll on the said road or any section thereof until
the further order of the court.

3. The said viewers shall be allowed two dollars per day or for any
fraction of a day while engaged in actual service, and the persons upon
whose complaint they are appointed, as provided by section one, at the
time of appointment, shall deposit with the clerk of the county court
the sum of twenty dollars to guarantee the payment of said viewers and
the costs connected with their appointment; if they report that the road
complained of is tollable, they shall be paid from said deposit by said
clerk, but 1f they report that the road is not tollable, then by the owners
of the road declared not tollable, or any section of which is declared
not tollable, and the deposit hereby required, or any part thereof not
expended, shall be returned to the persons by whom it was made. The
expenses of the viewers appointed by virtue of section two of this act
shall be paid by the owners of the toll-road or the turnpike company
making the application.

4. All acts or parts of acts in conflict with this act are hereby re-
pealed.

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