Chap. 305.—An ACT to amend and re-enact Section 28 of Chapter 159 of the Acts
of the General Assembly of 1928, approved March 10, 1928, relating to dis-
continuance of gates across public roads; and to repeal Section 27 of said
chapter, relating to the same matter. [H B 436]

Approved March 30, 1942

1. Beit enacted by the General Assembly of Virginia, That section
twenty-eight of the Acts of the General Assembly of nineteen hundred
and twenty-eight, approved March tenth, nineteen hundred and twenty-
eight, be amended and re-enacted, as follows: |

Section 28. Discontinuance of gates on public roads.—Whenever
a public road is, or has been, established with gates, any person may apply
to the board or other governing body of the county to have such gate or
gates discontinued, on which application proceedings shall be had in ac-
cordance with the applicable provisions of sections two, three, four, five
and six of this act. If the board or other body decides that the gate or
gates shall be removed, it shall direct the sheriff of the county to remove
the same, and it shall be his duty so to do at such time as the board or
other body may direct.

Where damages are allowed to any person or persons on account of
the removal of such gate or gates, such damages and the costs incident to
the proceeding, shall be paid out of the county levy. Any such person shall
have an appeal of right to the circuit court of the county at any time within
ten days from the date of the order making such allowance, but only from
the amount of damages allowed.

2. Be it further enacted, That section twenty-seven of Chapter one
hundred and fifty-nine of the Acts of the General Assembly of nineteen
hundred and twenty-eight, approved March tenth, nineteen hundred and
twenty-eight, is hereby repealed. |