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road rung over

Any bridge the 14. And be it further enacted, That if the said road shall run shall be paid for over any bridge already built by any of the counties through which by the company. the same shall pass, the said company shall, before they use the

said bridge, pay to the court of the county entitled thereto the value of the said bridge, to be ascertained in the same manner as the value of timber, gravel or stone is directed to be ascertained by

this act. Turnpike from 15. And be it further enacted, That it shall and may be lawful Staunton to Co. to open books in the town of Staunton, under the management of

Archibald Stuart, John Browne, Jacob Kinney, Jacob Swope, John Wayl, John Coalter, John Fackler, John M’Dowel, Samuel Blackburn and Robert Doake, for receiving and entering subscriptions to the amount of forty thousand dollars, for the purpose of forming a road from Staunton in the county of Augusta, to the present ferry landing in the county of Fluvanna opposite to Columbia, which sum shall be divided into four hundred shares of one hundred dollars each, the subscriptions to 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 town of Staunton, of which meeting one month's notice shall be given in one of the newspapers published in the town of Staunton, by the managers above named. If it shall appear on examination of the books of said 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 Staunton Turnpike Company;" and the said company is hereby invested with the same powers, privileges and advantages as are granted by this act to "The Richmond and Columbia Turnpike Company," subject to the same regulations and restrictions as are prescribed in this act, except that the said company shall not be compelled to make the road more than twenty feet wide across the Blue Ridge at Rockfish gap. The proceedings of said company shall be held in the

town of Staunton, and the road shall commence from the same Proviso. place: Provided only, That whereas much expence will be in.

curred in making a good and sufficient road across the Blue Ridge at Rockfish gap; and whereas several roads will cross the mountain at the same place, which will have no other connection with the said turnpike road; it shall and may be lawful for the president and directors to erect a toll-gate on the top of the mountain at Rockfish gap, with the privilege of exacting one third of the tolls before allowed by this act, and the said toll shall be separate

and independent of all other gates to be established. Commencement. 16. This act shall commence and be in force from and after the

passing thereof.

Preamble.

Chap. 115 —An ACT for establishing a turnpike road from Richmond to the
Deep run coal pits, and from thence to the Three Notched road.

(Passed January 5, 1804.)
Whereas it is represented to the general assembly, that the estab-
lishment of a turnpike road the most direct way from the city of
Richmond to the Deep run coal pits, commonly called Duval's
coal pits, in the county of Henrico, and from thence to the Three
Notched road, would greatly facilitate the transportation of that va-

luable article coal, and add to the accommodation of travellers by affording them at all times a good road :

1. Be it therefore enacted, That it shall and may be lawful to Managers appointopen books in the city of Richmond, under the management of ed 19. deceive sub

.
Philip N. Nicholas, Joseph Gallego, George W. Smith, Richard
Adams, John Foster, Samuel Myers, Henry S. Shore, George
Pickett, Robert Pollard, David Ross, James Currie, Willam Duval,
Gervas Storrs and Joseph Selden, for receiving and enteriog sub-Capital.

. scriptions to the amount of forty thousand dollars, for the said undertaking; which sum shall be divided into four hundred shares, of one hundred dollars each, and the subscriptions be made in person or by attorney, in Virginia currency. The subscription books shall General meeting remain open until the first day of July next, at which time there of the subscribers. 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 printed in the said city, by the managers

above named. If it shall appear to this meeting on examination of the When considered books, that one half of the capital sum above mentioned shall have incorporated. been subscribed, then the said subscribers, their heirs and assigns, from the time of the said meeting, shall be, and they are hereby declared, incorporated into a company, by the name of " The Richmond Turnpike Company,” and may sue and be sued, as such.

2. The subscribers, or a majority of them, who shall be present Directors to be apat this first meeting, shall elect five directors, who shall continue in pointed. office one year, but may at any general meeting of the subscribers, be wholly, or in part, removed by vote of a majority of the members present. The directors thus chosen shall have power to re. Their powers and

eive subscriptions for the residue of the shares, until the whole duty. capital of forty thousand dollars shall be subscribed; to make contracts with any person or persons on behalf of the company, for clearing, opening and improving the road, and performing such other work respecting the same, as they shall judge necessary and proper, from Richmond to the Deep run coal pits, and from thence to the Three Notched road; to require from subscribers from time to time such advance of money on their respective shares, as the wants of the company may demand, until the whole of their sub. scriptions 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 printed in the said city; to appoint a trea- Treasurer and surer, clerk, and such other officers as may be necessary; to sign

pointed. 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 required of him by the Mode of collecting directors, or a majority of them, within one month after the same

sums subscribed. shall have been advertised in one of the newspapers printed in the said city, it shall and may be lawful for the directors, or a majority of them, to sell at public auction, and to convey to the purchaser, the share or shares of such subscriber or subscribers so failing or refusing, giving one month's notice in one of the newspapers printed in the said city, 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; and if the said sale shall not produce the sum required to be advanced, with the incidental charges, then the directors may recover the balance of the original proprietor, by motion, with ten days notice, before the court of that county of which he

clerk to be ap

tained.

Proviso.

is an inhabitant; and any purchaser under a sale by the directors, shall be subject to the same rules and regulations as the original

proprietor. How land for toll 3. And whereas it may be necessary to straighten the road in gates and mate. rials may be ob

some parts, and to purchase land adjoining the different toll-gates, for the purpose of erecting the necessary buildings, it shall and may be lawful for the directors, or a majority of them, to purchase land from the proprietors for the purpose above mentioned, and to receive conveyances in fee simple to them and their successors, for the benefit of the company; and in case any proprietor shall refuse to dispose of land for the said purposes, the directors shall be entitled, on application to the county court of Henrico, 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 for the purpose of making and keeping the said road in repair, the directors may cut and take from the lands of any person adjoining, such, and so much timber, gravel, earth or stone, as may be necessary, the same being first viewed and valued by two honest housekeepers appointed and sworn for that purpose by a justice of the peace : Provided always, That the directors shall not take any timber, stone or earth from any lot within the city of Richmond, without

permission from the owner thereof. Annual meeting 4. An annual meeting of the subscribers shall be held in the city

of Richmond on the first Monday in June, to constitute which the presence of the proprietors having one hundred and fifty 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 their proceed- der distinct accounts of their proceedings and disbursements of mo.

ney to the annual meeting of the subscribers, and may, by a majority of the members, be continued in office or displaced.

5. So soon as the said road shall be compleated from Richmond to the said Deep run coal pits, and from thence to the Three Notched road, a majority of the subscribers, after leaving in the hands of their treasurer a sufficient sum for keeping the said road in good repair, shall annually order the nett profits from the tolls

herein granted, to be divided among the proprietors of the said comShares considered pany, in proportion to their respective shares. In consideration of real estate.

the expences the proprietors will incur in opening, improving and repairing the said road, the said road, with all the 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 deemed real estate Toll-gates to be from the time the said road shall be compleated; and that it shall

and may be lawful for the directors at all times, and forever hereafter, to establish one or more toll-gates at such places as they may deem necessary; that every loaded waggon and team that travels the said turnpike road from the city of Richmond by the said coal pits to Priddy's tavern, which stands at or near the junction of the main road called Pouncy's track, with the Three Notched road, shall pay twenty-five cents; on every cart or tumbril, six cents per

Directors to ren

When dividends shall be made.

established.

Rates of tolls.

wheel, (carts carrying wood to Richmond excepted ;) on all horses,
mules or horned cattle, not attached to carriages, three cents for
each of them; on all riding carriages, six cents per wheel. That
the said president and directors, or a majority of them, shall accu-
rately survey the whole distance of the said turnpike road, and have
the same entered of record in the said court, which shall be so di-
vided that at each turnpike the tolls shall be paid only in proportion
to their respective distances, by those who use the said road in part,
they having in view the tolls already granted as the rule to propor-
tion the same by, so as to make the same just and equitable : Pro- Proviso.
vided always, That return waggons and caris having five hundred
weight and less, shall repass toll free, except

coal
waggons

and coal carts, which shall pay one half of the said tolls.

6. The said road shall be made at least forty feet wide, with a How the road shall sufficient ditch on each side, and well covered with gravel or stone, when tolls'shall be so as to render the passing of waggons thereon as convenient as demanded. possible, without being paved. When one fourth part of the said road is mpleated in the opinion of the said court, according to the directions of this act, which opinion is to be entered on record, then the said president and directors for the said company shall be entitled to receive and take one fourth part of the said tolls on the articles aforesaid; and when one other fourth part of the said road shall be compleated as aforesaid, to be adjudged of and entered of record as aforesaid, then the said president and directors, for the use of the said company, may receive and take one half of the said tolls on the aforesaid articles, and so on in like manner when any other fourth part of the said road shall be compleated, to be adjudged of as aforesaid, and entered of record in the said court from time to time, until the whole of the said road shall be compleated as this act directs, at which time, and not before, the said president and directors, or a majority of them, shall and may receive and take full tolls on the articles enumerated.

7. In case of refusal or neglect to pay toll at the time of offering Penalty for not to pass, the collector may lawfully refuse a passage to any article paying tolls. subject to such toll; and if any article subject to the payment of toll as aforesaid, shall pass without paying the same, the collector may prosecute and pursue the remedy given by law to the owners of ferries, and to companies authorized by law to receive tolls.

8. And be it further enacted, That if the said company shall not Time allowed for begin the work within two years after the said company shall be

the beginning and

compleating the formed, or shall not compleat the same within seven years therea;- road. ter, in the manner herein before directed, then shall the interest of the said company in the road and tolls aforesaid, be forfeited and

cease.

9. That the tolls herein allowed shall be subject to the control of Tolls subject to the legislature at the end of two years after the completion of the file is 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, nett profit on the sum actually expended in compleating the said road, to be calculated from the periods of contribution by the stockholders. And the directors are hereby required to report to the executive the amount of the capital expended in compleating the said road whenever the same shall be finished : Provided also, That nothing herein contained shall authorize the said company to demand toll from any carrier of the public mail, or any public mes

Proviso.

senger: And provided also, That the said company shall not establish their gates so as to compel any person to pay toll for passing from the city of Richmond 10 and along the roads commonly called the Three Notched and River roads.

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

Commencement.

may award inte. rest on final docrees.

trict courts may

decrees upon ap

Proviso.

Chap. 116.–An ACT concerning the proceedings in courts of chancery, and

for other purposes.

(Passed January 20, 1804.) Chancery courts 1. Be it enacted by the general assembly, That from and after

the commencement of this act, the several courts within this commonwealth having original chancery jurisdiction, shall have power and authority in all cases where, by any final decree, any sum or sums of money, or quantity of tobacco, are directed to be paid to either party, to award interest until the same shall be paid, any law

or custom to the contrary notwithstanding. Court of appeals 2. And be it further enacted, That the court of appeals, and the and chancery dis.

several district courts of chancery, in all cases where any decree award damages in rendered for any sum of money, or quantity of tobacco, shall, on peals.

appeal therefrom, be affirmed, shall award to the appellee damages at the rate of ten per centum per annum on the whole amount (including the cost,) for which such decree was rendered, from the time the appeal was obtained until the affirmance in the appellate court, in satisfaction of all damages or interest, and legal interest

from that tiine until the same shall be paid. Dissolved injunc 3. And be it further enacted, That in all cases where hereafter missed with costs. any injunction shall be wholly dissolved, the bill of the complainant

shall stand dismissed of course, with costs, unless sufficient cause is shewn against such dismission at the next term, where the same shall be in the district courts of chancery; and where the same shall be in any of the inferior courts, at or before the second court, let the same be monthly or quarterly, thereafter. And it shall be the duty of the several clerks of the said courts to enter such dismission on the last day of the terms aforesaid.

4. And be it further enacted, That where any injunction shall damages against be hereaser obtained, to stay the proceedings on any judgment rencomplainants

dered in any of the courts of this commonwealth, for money or tobacco, and such injunction shall be dissolved wholly or in part, damages at the rate of ten per centum per annum, from the time the injunction was awarded until the dissolution, shall be paid to the

party on whose behalf such judgment was obtained, on such sum Clerks of district as appears to be due, including the costs; and where any such indissolutions of in- junction shall be depending in the district courts of chancery, the junctions to infe- clerk of such court shall, on dissolution thereof, certify to the clerk

of the court wherein the judgment was obtained, the order of dissolution, as also the time of granting and dissolving such injunction,

and the clerk shall issue the execution according to the provisions Damages on forth of this act; and in all cases where a forthcoming bond has been coming bonds,

executed by the complainant in such injunction, and no judgment rendered thereupon, ihe court in which execution is awarded, shall direct the said damages to be included in the judgment, which shall

be in satisfaction of all interest and damages during the time afore. Proviso. said: Provided nevertheless, That where the injunction is granted

in order to obtain a discovery, or any part of the judgment shall

Courts to award

whose bills are dissolved.

rior courts.

when to be awardod.

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