Chap. 242.—An ACT to amend paragraph 4, chapter X, of chapter 609, of the
acts of the general assembly, sessions 1902-03-04, approved January 18,
1904, entitled “an act concerning public service corporations.”

Approved March 15, 1906.

1. Be it enacted by the general assembly of Virginia, That section four
if chapter ten of an act approved January eighteenth, nineteen hundred
ind four, being chapter six hundred and nine of acts nineteen hundred
ind two. nineteen hundred and three and nineteen hundred and four, be
mended and re-enacted so as to read as follows:

Par. 4. As often as a section of five miles of a turnpike road shall he
ompleted, the circuit court of the county wherein the section, or the
eater part thereof, lies, shall, on the application of the turnpike com-
any, appoint three disinterested freeholders to report in writing the con-
ition of the section. On such report no order shall be taken, except in
he presence of the Commonwealth’s attorney for the county, or of some
ther attorney acting in his stead. If, on the report, and such other
vidence as may be offered, the court shall be satisfied that the section
snot completed according to law, judgment shall be rendered against the
ompany for all costs, including a fee to the attorney of ten dollars. If
it shall be satisfied that the section is so completed it shall enter of recor¢
an order declaring that fact. After the completion of all the full sec.
tions, if there remain any fractional part of a section, the like proceed.
ings shall be had as to such part. When such declaration shall have beer
entered as to any section, or part of a section, the company may erect «
toll-gate therefor at any point on said section, and may, when deemed
expedient, change the location of said gate to any other point on said sec-
tion, and demand and receive the lawful tolls: provided, that no gate
shall be so changed until the said company shall have obtained the per-
mission of the circuit court of the county in which it is proposed to Jo-
cate the same, after having given notice of such application to the Com-
monwealth’s attorney of said county and by publication for four succes-
sive weeks in some newspaper published in said county ; any party affected
by said change may contest such application.

If any turnpike company shall not complete its road within five years
from the date of its charter, all right acquired thereunder shall be for-
feited unless a longer time for the completion shall have been, or may
hereafter be, expressly allowed by law, and it shall be the duty of the
circuit court of the counties, respectively, in which the road lies, to open
it to the public.