Vacancy in office 3. The said board of directors shall appoint a treasurer, who shall re- Treasurer to be ceive and pay out, under the direction of said board, the moneys accru- appointed. ing under this act. Before entering upon his duties said treasurer shall His bond. give bond, payable to the governor of the commonwealth and his successors in office, with sufficient security and in such penalty as the board may direct, conditioned for the faithful accounting for all moneys coming to his hands by virtue of his office. Said bond shall be deposited Where filed. with the clerk of the county court of Washington county for safe keeping, and in case of a breach thereof suit may be brought in the county Remedy on bond or superior court of said county, as in like cases of bonds so executed. for default. When said treasurer shall have produced to the Board of public works When state suba copy of his bond, certified by the clerk of Washington county, and scription to be paid. the said board shall be satisfied of the sufficiency of the security thereto, the said Board of public works shall pay to said treasurer the subscriptions on behalf of the commonwealth pari passu with payments of other subscriptions. The board of directors may from time to time appoint of treasurer supanother treasurer in case of vacancy, or for good cause remove him and plied. appoint another in his place. 4. The directors appointed by virtue of this act shall be allowed each Pay of directors. two dollars per day for every day they shall be engaged in the performance of the duties herein imposed, to be paid by their treasurer out of the funds in his hands, upon the order of the respective county courts or of the Board of public works, according as the directors have been appointed by them; but when the tolls on the said road shall be sufficient for that purpose, said compensation shall be paid out of said tolls upon such orders as aforesaid; and the said board of directors may allow to their treasurer, and to such other officers and agents as they may employ, reasonable compensation for their services, not exceeding to said treasurer two per cent. on all moneys coming to his hands, payable upon the orders of said board of directors, and from the funds above specified. Power of re moval. Compensation to treasurer and officers. contracts. 5. Said board of directors shall have power to make contracts for Power to make constructing said road, to appoint such officers and agents as they may deem necessary, and to direct all the operations connected with said road. They shall also exercise such powers and perform such duties in Acquisition of the acquisition of land and materials for said road, as are given in such land and matecases by the act, entitled "An act prescribing certain regulations for the incorporation of turnpike companies." And the provisions of the said Regulations relaact in relation to the exaction of illegal tolls, and the power of the tive to tolls. Board of public works to regulate tolls shall be taken to be parts of this rials. act; but said road shall be constructed of a width nowhere less than six- Road, how conteen feet, and of a grade nowhere exceeding four degrees. structed. 6. When a section of fifteen miles of said road shall be finished, and Toll-gates. as often as sections of that length shall be completed, the board of directors may erect a toll-gate at some suitable point of such section, and demand thereat such rates of toll as they may deem reasonable and the Rates of toll. Board of public works shall approve. The said tolls shall be paid to Reservation for the treasurer, and the board of directors shall annually, or oftener if repairs. they think fit, after reserving such sum as may be necessary for repairs and other expenses, declare and make a dividend of the residue of said Dividends. tolls, and apportion it between the commonwealth and the said counties and individual subscribers, if any, according to the amount of their respective subscriptions. The commonwealth's part of such dividends State's portion, shall be paid into the internal improvement fund, as the dividends on stock held by the state in turnpike companies are paid. how paid. tors. 7. No court shall appoint a director until it shall have determined to When courts to subscribe its share or proportion of the cost of constructing the division appoint direcof said road lying within its county, or the residue of such share or proportion, after deducting the amount subscribed by private individuals. At any court so determining to subscribe all the magistrates of the county What court to shall be summoned to attend, of all of whom two-thirds shall be make: ubscrippresent, tion. Notice to and of those present two-thirds shall concur in making the subscription. justices. 8. Any vacancy among the directors shall be supplied by the court or the Board of public works by which the director was appointed whose Vacancies among directors to be supplied. Power to remove them. One court failing, the other may subscribe, and vacancy is to be filled, as the case may be. And any director may at any time be removed and another appointed in his place, by the court or the board of public works that made the former appointment. 9. If the court of either of the said counties decline or fail to subscribe as aforesaid, the court of the other county may notwithstanding do so, appoint director. and appoint a director as aforesaid, who, together with another director appointed by the Board of public works, shall exercise the powers and perform the duties hereinbefore prescribed. Courts may issue or both, to pay tion. When redeemable. County levies to liquidate debt. 10. The courts of the aforesaid counties shall severally be authorized, scrip, or bonds, if by them thought advisable, to raise the amounts of their respective county subscrip- subscriptions for the construction of said road by issuing the bonds of said courts respectively, bearing an interest not exceeding six per centum per annum, or by issuing scrip to the same amount, at the same rate of interest, or by issuing partly bonds and partly scrip: Provided, That the principal amounts, either of bonds or of scrip, shall be redeemable within some time not less than ten years from the time of issue. And the court or courts acting under this act may raise the amount necessary from time to time for the payment of their respective subscriptions, or for the payment of the interest and the redemption of the principal of such bonds and scrip, by county levies and by taxing the lands, rents, and other property within their respective counties, upon the valuation thereof under the laws for the assessment and collection of the public revenue: Provided, That bonds or scrip issued under this act shall not be sold or paid over by the courts or the aforesaid directors for less than their par value. What taxation legal. Board of Public works to borrow to pay state sub scription. Acts 1838, c. 12, p. 24. Land damages, by whom paid. Time allowed Es to begin their road. 11. The Board of public works are hereby authorized to borrow so much as may from time to time be necessary to pay the commonwealth's subscription to said road, conformably to the act passed April ninth, eighteen hundred and thirty-eight, chapter twelve, but at a rate of interest not exceeding six per centum per annum. 12. No part of the fund to be raised for said road under the preceding provisions of this act shall be applied in payment of land damages of said road, but such damages shall (unless relinquished by the individuals entitled to claim them) be paid by the respective counties through which the road will run. 13. And be it further enacted, That the Estillville turnpike company tillville turnpike shall have two years further time to begin their road in addition to the time allowed for that purpose by the act incorporating the said company passed March the ninth, eighteen hundred and forty-eight. 14. This act shall be in force from its passage. Commencement. Directors to construct road. Route of road. Subscription by Scott county and individuals. How raised, guaranteed and certified. CHAP. 100.-An ACT to provide for constructing a graded road in Scott county. [Passed March 19, 1850.] 1. Be it enacted by the general assembly, That two persons to be appointed by the county court of Scott county, and three others by the Board of public works, shall constitute a board of directors to superintend the construction of a graded road from Estillville, in Scott county, up Big Moccasin creek as far as the said commissioners may think proper, and thence by way of Nicklesville to some convenient point on the Cumberland gap road in the same county. 2. Be it further enacted, That the county court of Scott county is hereby authorized to raise two-fifths of a sum not exceeding six thousand dollars, for the construction of said road, and also to receive subscriptions and donations from individuals for the same purpose; said money to be raised by said court; and such subscriptions and donations to be Acts 1839, p. 64. received, guaranteed and certified by said court, and also collected and applied in the manner prescribed in relation to the money, subscriptions and donations, authorized to be expended on the road provided for by the act passed April the eighth, eighteen hundred and thirty-nine, entitled "An act providing for the construction of a road from Guest's station to the Tennessee line;" except that the certificate of the aggregate Board of public amount contributed under this act shall be made by the court to the Board of public works. Certificate to works. 3. Be it further enacted, That the Board of public works are autho- State's subscriprized and directed to pay on the part of the commonwealth for the con- tion. struction of said road, (being also governed in their payments by the same conditions and regulations as are prescribed to the first auditor in relation to the appropriation made by the above cited act,) a sum of money not exceeding thirty-six hundred dollars, being three-fifths of the above sum of six thousand dollars, to be received and expended in the same manner as the appropriation made on the part of the state by the above cited act; and all the provisions of the said act in relation to the Powers and dupowers and duties of the commissioners therein appointed and their ties of directors. compensation; the appointment, bond, duties and responsibilities of the Of treasurer. treasurer of the road the powers and duties of the court of Scott county; Of Scott county. the grade, dimensions and construction of the road, and its management Road, how to be and control after being completed, shall be held and deemed to be en- managed. acted in relation to this road as if specially recited herein. constructed and works to borrow 4. The Board of public works shall borrow so much money as may Board of public be necessary to pay the said appropriation, at any rate of interest not money. exceeding six per cent. per annum, and in other respects according to Acts 1838, p. 24. the terms of the act passed April the ninth, eighteen hundred and thirtyeight, chapter twelve. 3. This act shall be in force from its passage. CHAP. 101.—An ACT to provide for the construction of a bridge across New river in Giles county. [Passed March 19, 1850.] Commencement. when, to submit 1. Be it enacted by the general assembly, That the county courts of the Courts of what counties of Botetourt, Giles, Mercer, Tazewell, Russell, Scott and Lee, counties, and shall order the commissioners of election at the next election of mem- to people subbers of the general assembly, (or if it shall be inconvenient so to do, the scription to bridge over New said courts, or any of them, may make such order, directed to other per- river. sons at any court not later than July eighteen hundred and fifty-one,) to take the sense of the voters qualified to vote for members of the general Who to vote. assembly within their several counties, upon the question, whether or not the courts of the said counties shall subscribe to a joint stock fund to be contributed between said counties and the commonwealth, for the erection of a bridge over New river in Giles county, at or near Snidow's and Chapman's ferry. 2. If it shall appear from the return of the commissioners that a ma- When courts to jority of the voters in all or any of said counties are in favor of such subscribe. subscription, the courts of such county or counties shall subscribe such tion. part of two-fifths of a sum, not exceeding twelve thousand dollars, as What amount. they may deem advisable; and the Board of public works shall sub- State's subscripscribe on behalf of the commonwealth three-fifths of such sum of twelve thousand dollars, when satisfied that the whole amount of two-fifths has been subscribed by the counties and solvent individuals, and the pay- How to be paid. ments on account of their subscription by the Board of works shall be made pari passu with payments of other subscriptions. 96-97. rectors and of 3. The courts of such counties as may subscribe shall each select one Directors, how director, and the Board of public works three directors, who together appointed. shall constitute a board to superintend the construction of the bridge aforesaid; and all the provisions contained in the act "To provide for Acts 1848-9, p. the construction of the Tazewell courthouse and Fancy gap turnpike road," passed March the seventeenth, eighteen hundred and forty-nine, intended to prescribe the mode of appointment, and the powers, duties Powers, duties and compensation of the board of directors, and the other agents and and pay of diofficers employed under said act, and likewise the powers and duties of ficers. the Board of public works, and of the several county courts mentioned Of Board of in said act, in reference to that road, together with all such provisions as county courts. relate to the management, repair and revenues of the said road, shall be Management, reheld and deemed, so far as may be compatible with the provisions of pair and revethis act, to be re-enacted and repeated with reference to the bridge hereby provided for, except that the bond of the treasurer appointed by Bond of treasuthe board of directors shall be deposited and sued upon in the court of rer, where filed. public works and nues of bridge. When directors Giles county; and except that the time fixed for the appointment of to be appointed. directors shall be the first day of June eighteen hundred and fifty-one, under this act, instead of the time fixed by the eighth section of the above cited act. Who to regulate 4. The Board of public works shall have power to fix the tolls to be tolls. demanded and received on the said bridge, and from time to time to rePower to borrow gulate the said tolls; and said board shall, if necessary, borrow the amount of the commonwealth's subscription, agreeably to the terms of the act passed April the eighth, eighteen hundred and thirty-nine, authorizing loans for the payment of certain subscriptions and appropriations. money to pay p. 11. Damages to owners of ferry, how ascertained. When paid. Commencement. 5. Provided, That nothing contained in this act shall be so construed as to deprive the owners of said ferry, their heirs or assigns, from the right to apply to the county court of Giles to issue a writ of ad quod damnum, to ascertain and determine the damage, if any, which they may sustain by reason of the construction of said bridge: And provided further, That in the event of damages being adjudged in favor of the owners of the ferry, the same shall be paid before the aforesaid company shall be authorized to construct said bridge. 6. This act shall be in force from its passage. ACTS OF A PRIVATE AND LOCAL NATURE. PART II. CHAP. 102.-An ACT to incorporate the Manassa's gap railroad company. [Passed March 9, 1850.] 1. Be it enacted by the general assembly, That it shall and may be law- Subscriptions to ful to open books of subscription in the town of Alexandria, under the be taken, where and by whom. direction of Phineas Janney, George H. Smoot, Robert Brockett, and William H. Irvin; in the town of Warrenton, under the direction of Richard Paine, Thomas M. Munroe, and Hamden A. White; in the town of Front Royal, under the direction of Giles Cook, E. B. Jacobs, Charles Green and Robert Turner; in the town of Woodstock, under the direction of Green B. Samuels, Mark Bird and William Moreland; and in the town of Harrisonburg, under the direction of John Kinney, Samuel Shacklett and Littleton W. Gamble, or any two of them; and in such other place or places, under the direction of such agents or deputies, as a majority of the commissioners at either of the above-named places shall designate, for the purpose of receiving subscriptions to the amount of eight hundred thousand dollars, in shares of fifty dollars each, Capital. to constitute a joint capital stock, not exceeding eight hundred thousand dollars, for the purpose of making a railroad from some convenient Route of railroad. point on the Orange and Alexandria railroad, through Manassa's gap, passing near the town of Strasburg, to the town of Harrisonburg in the county of Rockingham. tions. 2. Be it further enacted, That whenever one hundred and fifty Manassa's gap thousand dollars shall have been subscribed, the subscribers, their Railroad incorporated. executors, administrators and assigns, shall be and are hereby declared to be a body politic and corporate, under the name and style of the " Manassa's Gap Railroad Company," and shall be subject to all General regulathe provisions of the act prescribing certain general regulations for the Acts 1836-7, incorporation of railroad companies, passed March the eleventh, eighteen p. 101 to 112. hundred and thirty-seven, except so far as the provisions thereof may be inconsistent with the provisions herein contained: And provided, Damages for That the proviso of the tenth section of the above cited act shall not apply to this act, and except also, that said company may declare divi- Dividends. dends of all its nett profits: Provided, That it shall not at any time or in any form make dividends of its capital stock: And provided also, Tolls, how reguThat the tolls of the said company shall not be under the control of the Board of public works. land. lated. pany declared 3. All machines, wagons, vehicles or carriages belonging to the com- Property and pany, together with all their works and other property, and all profits profits of comwhich shall accrue from the same, shall be vested in the respective personal estate. shareholders of the company forever, in proportion to their respective shares; and the same shall be deemed personal estate, and shall be ex- Exempt from empt from any public charge or tax whatsoever; and the tolls of said taxation. company shall be regulated and prescribed by the president and directors of the company. Tolls. |