Chap. 30.—An ACT to provide for the discontinuance of gates on public
roads, which provision shall be section 945 of the Code of Virginia.

Approved February 17. 1906.

1. Be it enacted by the general assembly of Virginia, That <ection
nine hundred and forty-five of the Code of Virginia shall be as follows:

§945. Discontinuance of gates.—If it be suggested by any citizen of
this State to the board of supervisors of the county in which such gate
is that injury or inconvenience results from any gate across a public
road, the said board shall cause the owner of such gate to be summoned
to appear at the next meeting of the board and show cause why the same
should not be discontinued ; and upon the return-of the order “executed”
by any officer authorized to execute process shall determine whether there
ought to be such discontinuance or not. If the board decide that the
gate shall be removed, it shall direct the commissioner, superintendent,
road foreman or other person having charge of such road to remove the
gate, and it shall be his duty so to do at such time as the board may direct.

Wherever a road is, or has been, established with gates, and the gates
are removed as ordered, and damages are claimed by the party owning
the same, the board of supervisors shall appoint viewers to examine and
report upon the nature and extent of the damage caused by the removal ;
and upon their report and other evidence, if any, the board may allow
such damages as may appear to be proper, which shall be chargeable on
the county. The clerk of the court shall, at the request of either party,
or at the direction of the board, issue summons for witnesses to appear
before the board, and the board may award the costs of summoning wit-
nesses and of their attendance against the losing party.

From any order of the board of supervisors discontinuing or refusing
to discontinue any gate, or awarding or refusing to award damages under
this act, any party interested may appeal of a right to the circuit court
of the county: provided, notice of such appeal is filed with the board of
supervisors or with the county clerk in fifteen days after such order is
entered.

2. This act shall apply to all the counties of the State, whether acting
under special road laws or not.

3. It being represented that there are cases in which the public inter-
est is suffering by reason of the obstruction of roads by gates, this act
shall be in force from its passage.