CHAP. 109.--An ACT to provide for the draining of the public highways of Accomac county through lands adjacent to said highways.

1. Be it enacted by the general assembly of Virginia, That whenever the board of supervisors of the county of Accomac shall be of the opinion that it is necessary for the proper draining of said highways that ditches or drains be dug or opened through lands adjacent to the same it shall be the duty of the supervisors of the magisterial district in which is located the road desired to be drained to agree with the owners of said lands upon compensation for any damage thereto over and above the benefits derived from the digging or opening of said ditches or drains. If the said supervisor of such district and the owners of said lands can agree upon such compensation, he shall submit the said agreement to the board of supervisors of the said county for their approval and ratification. In the event that the superintendent of roads and the owners of the said property cannot agree upon said compensation, the said supervisors of such district shall make a report to the board of supervisors of said county setting forth the location of such proposed ditches or drains, the names of the proprietors and tenants of the lands upon which the said ditches or drains are proposed to be located, and at the next meeting of the board of supervisors after the receipt of said report, unless the opinion of the board of supervisors be against the digging or opening of such ditches or drains, it shall require its clerk to issue process to summon the proprietors and tenants of the lands on which it is proposed to dig or open such ditches or drains, to show cause against the same. The summons shall be directed, executed and returned, as a summons may be in other cases, except that it may be personally served in the county on an agent or tenant of any proprietor not within the same, and such service shall be equivalent to service on such proprietor. And if any proprietor reside out of this State and be not within the county or has no agent nor tenant known to the board of supervisors or its clerk residing therein, or if the true owners or proprietors of the land or any part thereof be not known to the said clerk or board, said clerk or board may order notice to all whom it may concern to be posted for four successive weeks in some newspaper of general circulation or posted at the front door of the court house of the county on some court day to appear and show cause against the digging or opening of such ditches or drains. The cost of such publication shall not exceed the cost of publishing an order in section thirty-two hundred and thirty-five of the Code and shall be paid by the county. The personal service of said summons to a non-resident and return thereof may be in the mode and with the affect prescribed by section thirty-two hundred and thirty-two of the Code.

Upon the return of said process duly executed, defense may be made to the said proceedings by any party and the board of supervisors may hear testimony touching the expediency or propriety of digging or opening the said ditches or drains. Upon the hearing of such testimony, unless the board of supervisors be of the opinion that the said ditches or drains ought not to be dug or opened, in which case it shall so order, it shall proceed to fix upon a just compensation to the proprietors and tenants of the lands proposed to be taken and the damage accruing thereto over and above the benefits derived by proprietors and tenants therefrom, but if any tenant or proprietor desire it, or if the board of supervisors see cause for so doing, it shall appoint three disinterested qualified voters, residents of said magisterial district, (any two of whom may act) for the purpose of ascertaining the just compensation for the land to be used for such ditches or drains. They shall meet on the lands of such proprietors and tenants as may be named in the order of the board of supervisors at a certain place and day therein specified, of which notice shall be given by the sheriff to such proprietors and tenants or their agents, except that it need not be given to one present at the time of making the order. Any one or more of the commissioners attending on the land as aforesaid may adjourn from time to time until the business shall be finished. The commissioners in the discharge of their duty shall comply in all respects with the provisions of the act concerning the exercise of the power of eminent domain, approved March eighteenth, nineteen hundred and four, so far as applicable and forthwith make report to the board of supervisors, and unless good cause be shown against the report the same shall be confirmed.

Such report shall show the amount and value of the land proposed to be taken or damaged by the digging or opening of such ditches and drains over and above the benefits derived by the proprietors or tenants of such land by the digging or opening of such ditches or drains. If, however, good cause be shown against the said report or the commissioners report their disagreement or fail to report within a reasonable time, the board of supervisors as often as it seems to it proper, may appoint other commissioners for the purpose of ascertaining the compensation aforesaid. When any report is confirmed the board of supervisors shall order the digging and opening of such drains or ditches as to it may seem proper and provide for the payment of the compensation allowed.

If any such proprietor or tenant be dissatisfied with the decision of the board of supervisors in respect to said compensation he may appeal to the circuit court of said county and the said court shall hear the matter de novo with the further right of appeal as provided by general law. Upon the hearing of said appeal the court shall determine the amount of compensation to which such proprietor or tenant is entitled, and shall certify the same to the said board of supervisors, which shall at its next meeting provide for the payment of the compensation allowed by the court; but the digging or opening of such ditches or drains under the supervision of the superintendent of roads shall not be prevented or delayed pending the determination of the amount of compensation to be allowed to the proprietors or tenants.

2. All acts or parts of acts inconsistent with this act are hereby repealed.

3. By reason of the necessity of draining certain highways of said county an emergency is declared to exist, and this act shall be in force from its passage.