Chap. 388.—An ACT to establish the sufficiency of certain evidence as proof of
the existence of a public road.
Approved March 14, 1908.
1. Be it enacted by the general assembly of Virginia, That where a
way has been worked by road officials as a public road and is used by the
public as such, proof of these facts shall be prima facia evidence that the
same is a public road. And where a way has been regularly or periodically
worked by road officials as a public road and used by the public as such
continuously for the period of twenty years, proof of these facts shall be
conclusive evidence that same is a public road. And in all such cases
the center of the general line of passage, conforming to the ancient land
marks where such exist, shall be presumed to be the centre of the way,
and in absence of proof to the contrary the width shall be presumed to
be thirty feet.
Nothing herein contained shall be construed to convert into a public
road a way of which the use by the public has been or is permissive, and
the work thereon by the road officials has been, or is done under per-
mission of owner of servient tenement.