Chap. 328.—An ACT to amend and re-enact the ninth section of an act, ap-
proved February 16, 1880, entitled an act to amend and re-enact an act
entitled an act to amend and re-enact an act entitled an act for working
the roads of the county of Loudoun, passed 1856, and to repeal certain acts
amendatory thereof, approved February 2, 1875, and February 1, 1879.

Approved February 16, 1901.

1. Be it enacted by the general assembly of Virginia, That independent
section nine of an act approved February sixteenth, eighteen hundred and
eighty, entitled an act to amend and re-enact an act entitled an act to
amend and re-enact an act entitled an aet for working the roads for the
county of Loudoun, passed eighteen hundred and fifty- -six, and to repeal
certain acts amendatory thereof, approved February second, eighteen
hundred and seventy- five, and February first, eighteen hundred and
seventy-nine, be amended and re-enacted so as to read as follows:

$9. That notice of the time and place when the viewers shall meet
shall be given in some public manner in the vicinage of the proposed road,
at least five davs before the time of meeting. A copy of said notice dulv
verified shall be returned to the court. The viewers, before they proceed
to discharge their duties, shall be severally sworn by the commissioner of
roads, or some other person authorized to administer oaths, to perform
their duties impartially and to the best of their judgment. If they decide
that there is a publie necessity for the road or change, they shall lay
out the same, having respect for the shortest distance and the best ground.
and so as to do the least injury to private property; as also, as far as
practicable, to be agreeable to the petitioners. They shall assess the
damage done to the land through which the road passes, taking into
consideration the advantage to be derived from the road’s passing through
the land, and shall report in writing to the next term of the court. They
shall report especially whether any yard, garden, or orchard, or any part
thereof, will in such case have to be taken; and in no case shall anv yard
or garden, or any part thereof, be taken without the consent of the
owner.

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