under an order from the governor, with the advice of council, within six months of the said election, be forthwith delivered, under the penalty before prescribed in other cases of misconduct: but if the said tickets or votes shall not be so demanded within six months, the commissioner holding the same shall no longer be considered as answerable for them. The governor, with the advice of council, is Governor and hereby empowered to defray, by order on the treasury, all reason- council to defray able expences which may attend the execution of this act, and also ing the execution the expence which may be incurred by transmitting the said returns to the executive wherever it shall appear that it was necessary to employ a special messenger for that purpose.

expences attend

of this act.

fail to attend, how the vacancy shall

3. And be it further enacted, That the twenty-four persons having Where electors the greatest number of votes under this act, shall be the electors of a president and vice-president of the United States, for and on be- be filled. half of this state, provided they attend for that purpose at the capitol in the city of Richmond, and at the time appointed by law; but if it shall so happen that any one or more of the said electors chosen by the people under the authority of this act, shall from any cause whatever fail to attend at the place appointed by the said act for the meeting of the electors, at three o'clock in the afternoon, on the day preceding the day appointed for their meeting by the act of congress, it shall then be lawful for the senate and house of delegates, and they are hereby required, by joint ballot, to proceed to supply such vacancy or vacancies, until the number of twenty-four electors for the purpose aforesaid is completed; but if the legisla ture shall not be in session on such day, it shall be lawful for the governor, with the advice of council, to supply such vacancy or vacancies; which elector or electors so appointed, shall be entitled to vote for a president and vice-president of the United States, in the same manner as if he or they had been chosen in the manner before prescribed: Provided nevertheless, That if any elector or electors, Proviso. chosen by the people under the authority of this act, shall attend at the hour of ten in the morning of the day appointed for their meeting as aforesaid, then the appointments made for the purpose of supplying such supposed vacancy shall be void and of no effect.

4. All acts and parts of acts that come within the purview of Repealing clause. this act, shall be, and the same are hereby repealed.

5. Provided, That nothing herein contained shall be so construed Further proviso. as to authorize any compensation to be made to the commissioners

to be appointed under this act.

6. This act shall commence and be in force from and after the Commencement. passing thereof.

CHAP. 112.*-An ACT to amend an act to reduce into one act the several acts

concerning the auditor and treasurer.

(Passed January 30, 1804.)

chosen annually.

1. Be it enacted by the general assembly, That the auditor of Auditor to be public accounts shall hereafter be chosen annually by joint ballot of both houses of assembly: Provided nevertheless, That the present auditor shall hold his office until the first day of January next. So much of the above recited act as comes within the purview of this act, shall be, and the same is hereby repealed.

2. This act shall commence and be in force from the passing Commencement. thereof.

*So in the sessions acts.

Fine remitted.

Commencement.

Preamble.

Turnpike to be es tablished from Richmond to Coumbia.

President and directors to be appointed.

duty.

CHAP. 113.-An ACT concerning William Herndon.
(Passed January 30, 1804.)

1. Be it enacted by the general assembly, That the fine of two hundred and fifty dollars, imposed by the Fredericksburg district court on William Herndon for raflling off a horse, shall be, and the same is hereby, to all intents and purposes, remitted.

2. This act shall commence and be in force from and after the passing thereof.

CHAP. 114.-An ACT incorporating two companies for opening a turnpike road from Richmond to Staunton.

(Passed January 24, 1804.)

Whereas application has been made to this general assembly to incorporate a company for establishing a turnpike road from the city of Richmond to Staunton in the county of Augusta:

1. Be it enacted, That it shall be lawful to open books in the city of Richmond, under the management of John Harvie, Robert Gamble, John Pendleton, Philip Norborne Nicholas, David Meade Randolph, John Graham, Alexander Stuart, John Brockenbrough, Gervas Storrs, Joseph Selden and John Adams, for receiving and entering subscriptions to the amount of fifty thousand dollars, for the purpose of forming a road from Richmond to Columbia in Fluvanna; which said sum shall be divided into five hundred shares of one hundred dollars each, and the subscription be made in person or by attorney. The subscription books shall remain open until the first day of May next, at which time there shall be a general meeting of the subscribers in the city of Richmond, of which meeting, one month's notice shall be given in one of the newspapers published in the city of Richmond, by the managers above named. If it shall appear on examination of the books of this meeting, that one half the capital sum above mentioned shall have been subscribed, then the said subscribers, their heirs and assigns, from the time of the said first meeting, shall be and they are hereby declared incorporated into a company, by the name of "The Richmond and Columbia Turnpike Company," and may as such sue and be sued, plead and be impleaded, answer and be answered.

2. The subscribers, or a majority of them who shall be present at this first meeting, shall elect a president and nine directors, being shareholders, who shall continue in office one year and until anoTheir powers and ther election shall take place. The president and directors thus chosen, shall have power to receive subscriptions for the residue of the shares until the whole capital shall be subscribed; to make contracts with any person or persons for clearing, opening and improving the road, and performing such other work respecting the same as they may adjudge necessary and proper, from the end of the Main street in the city of Richmond, by the most convenient route to Goochland courthouse, and from thence to the ferry landing in the town of Columbia; to require from time to time from subscri bers such advances on their respective shares, as the wants of the company shall demand, until the whole of their subscriptions shall be advanced; to call on any emergency a general meeting of the subscribers, giving one month's notice thereof in one of the newspapers published in the city of Richmond; to appoint a treasurer, clerk, and such other officers as may be necessary; to sign and settle all accounts, and to transact all the business of the company

during the intervals between the general meetings of the same. If any subscriber shall fail to pay the sum of money required of him by the president and directors within one month after the same shall have been advertised in one of the newspapers printed in the city of Richmond, it shall and may be lawful for the president and directors to sell at public auction and convey to the purchaser the share or shares of such subscriber so failing or refusing, giving one month's notice as aforesaid; and after retaining the sum due and charges of the sale out of the money produced thereby, to pay the overplus to the former owner of the share or shares; and if the said sale shall not produce the sum required to be advanced, with interest and the incidental charges, then the directors may recover the balance of the original proprietor, by motion, with ten days notice, before the court of the county in which the delinquent resides; and any person purchasing under a sale of the president and directors, shall be subject to the same rules and regulations as the original proprietor.

two directors may

a journal of the

3. The president and two directors, or any three directors with- The president and out the president, shall be sufficient to transact all ordinary busi- transact all ordiness, and all vacancies which may happen amongst the directors nary business, and between the times appointed for the annual meetings of the share- rame shall be holders, shall be supplied by a meeting of the directors, consisting of at least two thirds of their number then in office; they shall instruct their clerk to keep a regular journal of all the proceedings had or all motions made. Every director shall be at liberty to call for the ayes and noes upon any question; and it shall moreover be the duty of the president and directors to cause to be written or printed, certificates stating the number of shares held by each subscriber; which certificate shall be transferrable by him, by deed to be recorded in the books of the said company, to be acknowledged by the seller, or proven by two or more witnesses; which assignment thus entered, shall, to all intents and purposes, make the assignee a member of the said company, subject to all the rules and regulations thereof.

gates shall be ob

4. Whereas it may be necessary to pass over lands which have How lands for tollnot been condemned for the purpose of a road, and to purchase tained. lands adjoining the toll-gates for erecting necessary buildings, it shall and may be lawful for the president and directors, or a majority of them, to purchase land from the proprietors for the purposes above mentioned, and receive conveyances in fee simple to them and their successors, not exceeding ten acres at each toll-gate; and in case any proprietor shall refuse to dispose of the land for the said purposes, the president and directors shall be entitled, on application to the county courts of Henrico, Goochland and Fluvanna, to a writ of ad quod damnum, and on paying the value of the land and damages assessed by a jury impannelled under the said writ, be seized in fee simple of the said land for the use of the said company; and if the said president and directors shall have just cause to believe that the jury have been actuated by any improper prejudices towards the said company, they shall have power to appeal to the district court of Richmond or Charlottesville for a new writ, to impannel a jury composed of persons not inhabitants of any county through which the said road may run, whose award shall be final; and for the purpose of making and keeping the said road in How materials repair, the president and directors, or their agents, may cut and take may be obtained.

Proviso.

When and where annual meetings shall be held.

from the lands of any person adjoining, such and so much timber, gravel, earth or stone as may be necessary, the same being first received and valued by three honest housekeepers, appointed and sworn by a justice of the peace: Provided always, That the president and directors shall not take any timber, stone, earth or gravel, from any lot in the city of Richmond or town of Columbia.

5. An annual meeting of the subscribers shall be held in the city of Richmond, on the last Monday in November, to constitute which, the presence of proprietors having one hundred and twentyfive shares shall be necessary, and if a sufficient number do not attend on that day, the proprietors who do attend may adjourn from day to day until a general meeting shall be had. In counting all votes of the said company, each member shall be allowed one vote for each share as far as ten shares, and one vote for every five shares above ten by him held at the time in the said company. The directors shall render distinct accounts of their proceedings ceedings to be ren- and disbursements of money, to each annual meeting of subscribers previously to the election of directors by said meeting.

Account of pro

dered them.

Toll may be re

road is compleated 12 miles.

6. So soon as the said road shall be opened at least thirty feet ceived when the wide, with a sufficient ditch on each side descending from the middle to said ditches, to be paved or gravelled where the same cannot otherwise be made firm and safe, for the passage of loaded waggons, and with sufficient bridges where they may be necessary, for the distance of twelve miles, the president and directors shall apply to the governor of this commonwealth, who shall forthwith appoint three honest and skilful persons, who shall not be shareholders, to view and examine the said road; and if they shall report the same to be finished and executed according to the intent and meaning of this act, the said governor shall grant his certificate or warrant, under the seal of the commonwealth, authorizing the said president and directors to erect so many gates, and to appoint so many toll-gatherers, as may be necessary to collect the tolls hereinafter granted. The tolls shall be as follow: for every score of sheep, ten cents; for every score of hogs, ten cents; for every score of drove cattle, twenty cents; and so in proportion for every greater or lesser number; for every horse or mule not employed in drawing a carriage, three cents; for every four wheeled riding carriage, thirty cents; for every two wheeled riding carriage, fifteen cents; for every cart or tumbril, twelve and an half cents; for every waggon with four or more horses, twenty-five cents; for every waggon with two horses, fifteen cents; for every ox employed in rolling tobacco, or otherwise, if not engaged in drawing any of the before mentioned carriages, three cents; and in the same proportion for any shorter distance, where gates may be erected.

Rate of tolls.

How such tolls

7. Which said tolls, when collected, shall be employed by the shall be applied. president and directors, for compleating the residue of the said road, and at the end of every twelve miles as aforesaid, a similar application shall be made to the governor, upon which, proceedings shall be had as before directed, and in like manner they shall progress until the whole shall be finished.

Half yearly divi

dends to be made

and the road con

8. And so soon as the said road shall be finished from the city of Richmond to the ferry landing in the town of Columbia, a masidered real estate jority of the subscribers, after leaving in the hands of their treasuwhen finished. rer a sufficient sum for keeping the said road in good repair, shall, half yearly, order the nett profits from the tolls herein granted, to

be divided amongst the proprietors of the said company, in proportion to their respective shares. In consideration of the expenses the proprietors will incur in opening, improving and repairing the said road, the said road with all its tolls and profits, shall be, and the same is hereby vested in the said proprietors, their heirs and assigns forever, as tenants in common, in proportion to their respective shares; and the same shall be considered real estate.

sons failing to pay

9. In case of refusal or neglect of any person to pay toll at the Penalty for pertime of offering to pass, the toll-gatherer may lawfully refuse pas-on sage to any article subject to said toll; and if any article subject to the payment of toll as aforesaid, shall pass without paying the same, the toll-gatherer may prosecute and obtain the remedy given by law to the owners of ferries, and to companies authorized by law to receive tolls.

tween this and

10. The president and directors shall have power to open roads Communications by the most convenient route, to communicate between the public to be made beroads now established, and the road to be established by this act; other public roads. and if any person through whose lands the same shall pass, shall object to its passage, it shall and may be lawful for the president and directors to obtain a writ of ad quod damnum in the manner and form as already directed: Provided, That the said company shall receive no tolls upon any roads so established.

in good order.

11. And be it further enacted, That if the said company shall Penalty for failing neglect to keep the said road in repair, for the space of thirty days, to keep the road and information thereof shall be given to any justice of the peace in the neighbourhood, he shall issue a warrant to a constable, commanding him to summon three freeholders to meet at a certain time, and at the place complained of, both to be mentioned in the warrant, previous reasonable notice having been given to the person entrusted with the repair thereof; and if on enquiry by the said freeholders, in presence of a justice of the peace, the said road shall be found to be out of order, according to the true meaning of this act, the tolls shall cease to be demanded at the nearest gate, until such defective part of the said road shall be put into proper repair; and moreover, the person entrusted by the company with the repair thereof, shall be subject to a fine of ten dollars, to be recovered by warrant with costs, before a justice of the peace, one moiety to the use of the poor of the county, and the other to the person prosecuting for the same.

beginning and

12. If the said company shall not begin the said work within Time allowed for two years after the said company shall be formed, or shall not com- completion of said plete the first twenty-four miles, within seven years thereafter, in road. the manner herein before directed, then shall the interest of the said company, in the road and tolls aforesaid, be forfeited and

cease.

legislature.

13. The tolls herein allowed, shall be subject to the control of Tolls subject to the legislature at the end of five years, after the completion of the the control of the said road, or at any time thereafter: Provided, That they shall not be so reduced as to make them nett less than fifteen per centum per annum clear profit, on the sum actually expended in compleating the said road. And the president and directors are hereby required to make report to the governor, of the actual amount of the capital expended, in compleating the said road, whenever the same shall be finished.