Chap. 309.—An ACT to amend and re-enact section 1985 of the Code of Virginia,
which section is in chapter 84 of the said Code on county roads, causeways
bridges, landings and wharves. {(H B 377]

Approved March 20, 1924.

1. Be it enacted by the general assembly of Virginia, That section
nineteen hundred and eighty-five of the Code of Virginia, be amended
and re-enacted so as to read as follows:

Section 1985. Duty of owner or occupier of dam to maintain road
or bridge; before whom penalty recoverable; by whom cost of upkeep
paid.—Every owner or occupier of a dam shall, so far as a road passes
over the same, keep such dam in good order, at least twelve feet wide at
the top, and also keep in good order a bridge of like width over the pier-
heads, flood-gates, or any waste-cut through or around the dam; and
shall erect and keep in good order a strong railing on both sides of such
bridge or dam, unless such railing be dispensed with by the board of
supervisors. If he fails to comply with this section he shall be fined
two dollars for every failure of twenty-four hours, but the fine shall not
in any case exceed fifty dollars, and where a mill dam is carried away or
destroyed the owner or occupier thereof shall not be thenceforth subject
to such fine until one month after the mill shall have been put into oper-
ation. Such fine shall be recoverable before any justice of said county,
and when collected shall be paid to the treasurer of said county, and
placed by him to the credit of the road fund of said county.

But the foregoing provisions of this section are subject to the follow-
ing qualifications; that the cost of keeping in good order the surface on
said road and bridge, and the cost of erecting and keeping in good order
the said railing if such is required, shall be borne by the State if on:a
State highway and by the county, if on a county highway; and, provided,
further, in case a mill dam has washed out and the owner refuses to re-
place same, then the highway commission, or the board of supervisors,
as the case may be, in its discretion, may construct a highway across
same, but if the owner desires to replace same in the future, he shall be
permitted so to do at his own cost and expense, and replace the surfac-
ing on the highway of the same material, width and character, under
the plans, specifications and supervision of the State highway depart-
ment.