son. remain unpaid by the inhabitants of the county of Nelson at the tain duties in Neltime it shall take place, and shall be accounted for in the same manner as if this act had not been made. first sheriff of 6. The governor, with the advice of council, shall appoint a per- Governor and son to be first sheriff for the county of Nelson, who shall continue council to appoint in office during the term, and upon the same conditions as are by Nelson. law appointed for other sheriffs. Amherst court. 7. The court of the county of Amherst, shall have jurisdiction Jurisdiction of of all actions and suits depending before them, at the time the said county of Nelson takes place, and shall try and determine the same, and award execution thereon. attached to same 8. The said county of Nelson, shall remain in the same district County of Nelson with the county of Amherst, for which district courts are holden at district as Amthe town of Charlottesville, and be of the same brigade district, in herst. like manner as if this act had never been made. In future elections of senators and for a representative in congress, the said county of Nelson shall be of the same district as the said county of Amherst. when holden. 9. The quarterly courts for the county of Nelson, shall be holden Quarterly courts, by the justices thereof, on the fourth Monday in April, June, October and December in each year. 10. A court for the county of Amherst shall be held by the jus- Amherst court, tices thereof on the third Monday in every month. And be it further enacted, That Jacob Kinney, Thomas L. Preston, Peter Carr, Isaac Otey, Thomas M. Clark, David Patteson and Dabney Carr, gentlemen, be appointed commissioners, who, or a majority of them, are authorized, and are hereby directed, to fix the permanent seat of justice within the counties of Amherst and Nelson, at the most convenient place within the same, and to cause the same to be made known to the courts of the said counties, on or before the first day of November next. third Monday. 11. This act shall commence and be in force from and after the Commencement. first day of June next. CHAP. 27.-An ACT incorporating a company to establish a turnpike from the Little river turnpike road to Fauquier courthouse. [Passed January 27, 1808.] open books in liam. &c. 1. Be it enacted by the general assembly, That it shall and may Commissioners to be lawful to open books for subscribing stock in the county of Fairfax. Fairfax, under the direction of George Summers, William Moss, and Humphrey Peake, or either of them; in the county of Prince In Prince WilWilliam, under the direction of Thomas P. Hooe, George G. Tyler, and James Kemp, or either of them; in the county of Alexandria In Alexandria, and district of Columbia, under the direction of James Keith, James H. Blake, and Joseph Deane, or either of them; in the In Fauquier. county of Fauquier, under the direction of of Thomas Hunton, John Edmonds, Gustavus B. Horner, William Gibson, and William H. Hampton, or either of them; in the county of Culpeper, In Culpeper. under the direction of John Roberts, George F. Strother, Jeremiah Strother, Gabriel Smithers and Richard Norris, or either of them; in the county of Shenandoah, under the direction of George Brit- In Shenandoah. ton, and William S. Marye, or either of them; in the county of In Frederick. Frederick, under the direction of Henry St. George Tucker and Charles Brent, jun., or either of them; and in the county of In Loudon. for a turnpike road.. Loudon, under the direction of Burr Powell and Stephen C. For subscriptions Rozsel, or either of them; for the purpose of making an artificial turnpike road from Fauquier courthouse to Buckland farm, or Buckland town, and thence to the Little river turnpike road, at the most suitable point for affording a convenient way from Fauquier courthouse to Alexandria; and the stock so to be subscribed, shall Amount of stock. consist of one hundred thousand dollars, and be subscribed in one thousand shares of one hundred dollars each. Meeting of stock where to take place. 2. Be it further enacted, That so soon as two hundred shares holders, when and are subscribed, the persons hereby appointed to take and receive subscriptions, or any four of them, by advertising the same one month in a Winchester and Alexandria newspaper, may call a meeting of the stockholders at Haymarket in the county of Prince William, to constitute which, the presence, or representation by proxy, of a majority of stockholders in amount, shall be necessary; To elect officers. at which meeting, the stockholders shall elect one president, four directors, one treasurer, and such other officers, as they shall judge necessary to conduct the business of the company, who shall hold their offices one year, and until another election shall take place; Company incorpo and from the time of such meeting, the said stockholders, with such persons as may thereafter subscribe stock to the said company, shall be and are hereby created a body politic and corporate, by the stile and name of "The Fauquier and Alexandria Turnpike Company" and by that name, may sue and be sued, plead or be impleaded, before any court of law or equity, or before any justice of the peace within this commonwealth; and shall also have perpetual succession, and a seal, and shall have and exercise all the privileges generally incident to other bodies politic and corporate of the same nature. rated. Sums to be advanced on shares 3. Be it further enacted, That every person subscribing stock as aforesaid, shall pay to the persons appointed by the first section of this act, to take the same, ten dollars in part of each and every share by him subscribed, which shall by the persons aforesaid, be paid to the president and directors, so soon as they shall be elected; and every person thereafter subscribing stock, shall in like manner pay, at the time of his subscription, to the president and directors, or their agent, ten dollars in part of each share by him subscribed; President and di- and the said president and directors shall have power from time to rectors may call for advance. stockholders. time, to demand of every stockholder, such advance in part of his subscription, as they may judge necessary, until the whole shall be paid, giving at least one month's notice of such demand in an Alexandria and Winchester newspaper. And if any stockholder shall fail to pay the sums demanded in manner aforesaid, the president and directors shall and may recover the same by suit or warrant, as the case may be, with costs and ten per centum damages thereon, for the use of the company; and if the sum aforesaid cannot be obtained by suit, then the money before paid by such person shall be forfeited to the company, and his interest as a stockholder shall cease and determine. Annual meeting of 4. Be it further enacted, That from the first election of a president and directors, there shall be a like meeting of the stockholders annually, and a like election of a president, directors and other officers, at which election, a majority of shares shall in like manner be represented by the owners in person, or by proxy, and every share shall be entitled to one vote, as far as ten, and no farther. officers to con 5. Be it further enacted, That if at any annual meeting of the Failing to have an stockholders, a majority of shares shall fail to be represented in the annual meeting, manner aforesaid, the president, directors and other officers, for tinue, &c. the time being, shall continue in office until the next annual meeting, and until an election takes place. And the president and directors, or a majority of them, shall have full power and authority to transact and conduct all the affairs and business of the company; and for the well ordering of the same, they may, from time to time, make and establish such bye-laws, rules and ordinances, not inconsistent with the laws and constitutions of the United States, and of this commonwealth, as they shall judge necessary. stock to be grant 6. Be it further enacted, That the president and directors shall Certificate of cause a written or printed certificate to be given to each subscriber, ed, and to be for every share by him subscribed, signed by the president and coun- transferable. tersigned by the treasurer; which certificate shall be transferable by an assignment made thereof on the books of the company, by the owner in person, or by an attorney in fact; and every assignee shall be liable to the like bye-laws, rules and penalties, and to the like recoveries, as the original owner would have been liable to, if he had remained a stockholder. which road must 7. Be it further enacted, That the said president and directors, Officers may enter their officers, servants and agents, shall have full power and autho- on lands over rity to enter upon all lands and tenements, through which they may pass. judge it necessary to make the said road, and for the purpose of making the same, may enter upon any premises near, or adjoining thereto, and therefrom to dig, cut and carry away, such materials of stone or gravel, as they may judge necessary, giving, in every such case, notice to the owner; and if such. owner and the presi- How to proceed. dent and directors cannot agree as to the amount of damages to be done by laying out and making the said road through his lands or inclosures, or about the value of such materials of stone and gravel, as the said president and directors may take for the use of the company, then and in every such case, the president and directors, and the owners, shall jointly appoint three disinterested freeholders, any two of whom, being sworn for that purpose, by the next justice of the peace, may value and appraise the same; and in case the owner shall refuse to join in such appointment, then the same shall be made by the nearest justice; and upon paying the value, or damages, as the case may be, to be found or assessed by the persons so appointed, the president and directors shall have power to lay out the said road and take such materials of stone and gravel from the lands near or adjoining thereto, as they may think necessary, doing herein as little damage as possible, and repairing all such breaches of any person's inclosures as they may make. And if, in carrying this act into effect, the said president and directors, their officers, servants, or agents, shall do any unnecessary damage to the lands or tenements of any person, through, or near whose estate they shall lay out the said road, they shall pay the damage so done, which shall be assessed in the manner herein before provided with respect to materials. 8. Be it further enacted, That the president and directors shall To construct construct bridges over all the water courses crossing the said road bridges over water where the same shall be found necessary; and shall make the said courses. made. Road, how to be road, in every part thereof, fifty feet wide at least, twenty feet of which shall be well covered with gravel or stone wherever the same may be necessary, and on each side of the part so covered with stone or gravel, they shall clear out and keep in repair, a summer road fifteen feet wide, for the use of horse and foot travellers at all Toll gates, how to times of the year. And after any five miles of the said road shall be erected. Restrictions on carriages. Company may erect scales at their gates, &c. Owner of land re road, company be finished, the same shall be called a section thereof, and a toll- gon, or other four wheeled carriage, the wheels of which shall ex- And all kind of two wheeled carriages shall be subject to the same regulations, and in the same ratio. And any owner or driver of any cart or carriage offending against this act, shall forfeit five dollars, to the use of the company, to be recovered with costs, before any justice of the peace; and it shall be lawful for any toll-gatherer of the said company, or other agent thereof, with civil process, to compel the appearance of such offender before a justice, who, on proof of the offence, shall award execution against the goods of such offender, in case he be a free person, or if an apprentice or slave, then against the goods of the master, wheresoever he may reside, to be executed and returned by some constable of the county in which such master shall dwell. 9. Be it further enacted, That it shall be lawful for the said company to erect scales at their respective toll-gates to weigh the burden of any waggon or other carriage, which the toll-gatherer may suspect to contain a greater weight than is allowed by this act, and for that purpose may compel the driver to unload the same. And in case any toll-gatherer shall unreasonably detain any waggon, or other carriage, under pretence of weighing the burden thereof, or in weighing the same, shall do any injury thereto, he shall forfeit and pay for every such offence, a sum not exceeding five dollars, to the use of the party injured, to be recovered with costs, before any justice of the peace, and shall moreover be liable to an action at the suit of the party. 10. Be it further enacted, That if the holder of any land through fusing way for the which the said road may pass, shall refuse to convey to the company may obtain writ in so much thereof as will be sufficient to accommodate a toll-house, where the same may be necessary, at such price as the president nature of ad quod damnum. and directors shall judge reasonable, the president and directors shall be entitled, on motion before the county court having jurisdiction, to a writ in the nature of a writ of ad quod damnum, and thereupon the like proceedings shall be had as are provided by law for condemning ground for abutments for mill dams. rectors when to 11. Be it further enacted, That so soon as the first election shall President and ditake place, the president and directors shall proceed to lay out and commence the make the said road from Fauquier courthouse to Buckland farm or work, &c. Buckland town, which ever they shall judge proper, and from thence to the Little river turnpike, at such point, and every where laying the same on such ground as they may think best calculated to promote the public good and the interest of the company, and shall as soon as practicable thereafter proceed to make and complete the same according to the provisions of this act, commencing the same in such place or places as they may judge proper. collect toll. 12. Be it further enacted, That so soon as any section of five when entitled to miles of the said road shall be completed, it shall be lawful for the president and directors to apply to the court of that county in which such section of five miles or the greater part thereof may lie, for the appointment of three discreet and disinterested freeholders to examine the same, who, or any two of whom, being sworn for that purpose, shall examine such section; and if upon their report it shall appear that such section is completed in the manner aforesaid, it shall thereupon be lawful for the president and directors, and they are hereby authorized to erect thereon a toll-gate or gates, and they shall be entitled to demand and receive the following tolls upon the said section of five miles, and so in proportion for any lesser distance, to wit: For every score of sheep or hogs, six cents; for every Tolls. score of cattle, twelve and one half cents; and so in proportion for any greater or lesser number of sheep, hogs or cattle; for every horse, mare, mule or gelding, three cents; for every two wheeled riding carriage, six and one quarter cents; for every four wheeled riding carriage, twelve and one half cents; for every cart or waggon, the wheels whereof do not exceed four inches in width, one and a half cents; for every horse, mare, mule, gelding or ox drawing the same, one and a half cents; and for every cart or waggon, the wheels of which exceed four inches in width and roll less than seven inches, three cents for every horse, mare, mule, gelding or ox drawing the same; and for every cart or waggon, the wheels of which are seven inches or more in width, two cents for every horse, mare, mule or ox drawing the same: Provided always, That return waggons or carts drawing a burden of less weight than five hundred pounds, shall pass toll free: and the like rules and proceedings shall be had for every other section of five miles when the same shall be completed, and for a proportional part of a section, if there shall remain a portion at the full completion of the said road; and the like tolls for each section, when completed, shall also be granted upon each section, and so in proportion for any greater or lesser distance, with the like power to erect a gate or gates to collect the same. And any toll-gatherer may lawfully refuse a passage to any thing hereby chargeable with toll until the same shall be paid. pair. 13. Be it further enacted, That if at any time after the said Proceedings when company shall be invested with the right to receive tolls upon the road is out of resaid road or any part thereof, the same shall be found out of repair in any part thereof, upon which such right to receive tolls shall |