Chap. 208.—An ACT for the relief of John H. Cassin and others.
Approved March 3, 1882.

Whereas it appears to this general assembly that by virtue
of a Jand office treasury warrant, number seventeen hundred
and five, issued on the twenty-eighth day of November,
seventeen hundred and ninety-five, there was granted by
the commonwealth of Virginia unto William Deakins, junior,
a certain tract of land, containing nine thousand nine hun-
dred and five acres by survey, bearing date the sixth day of
November, seventeen hundred and ninety-seven, lying and
being in the county of Frederick, on the top and both sides
of the North mountain, within nine miles of the town of
Winchester, adjoining the lands of General Isaac Zane,
deceased, Elias Keckley, and others, bounded as follows:
Beginning at a pile of stones between three fallen pines on
the west side of the said mountain, the southeast corner of a
survey made for Joseph Watson, deceased, and sold to the
Wartons of Philadelphia, said to contain four thousand four
hundred acres; thence running with a line of the same,
north fifty-five degrees, east three hundred poles, crossing
Laurel run, a branch of Back creek, and the course con-
tinued in all six hundred and forty poles, to a chestnut oak
and fallen pine on the same side of the mountain, Warton’s
corner, in or near James Kile’s linc; thence running in or
near the same, north twenty and one-half degrees, cast
seventy-six poles, to two chestnut oaks, near the top of a
hill, a corner to Thomas Brown’s survey of five hundred and
ninety-four acres; thence, with his lines reversed, north
forty-one and one-half degrees, east two hundred and ninety-
six poles, to a small chestnut oak; north forty-five degrees,
east one hundred and fifty-eight poles, to a chestnut oak,
black oak, and white oak, at the western foot of the moun-
tain; north thirty-two and one-half degrees, west forty-six
poles, to two chestnut oaks on a spur of the mountain;
north twenty-one and one-half degrecs, east fifty-four poles,
to a young white oak, near the top of the hill, a corner to
the said Brown in a line of Richard Taylor’s survey of two
hundred and twenty-one acres; thence with the lines of the
same, south sixty-five degrees, east twenty-eight poles, to a
large chestnut oak, his corner, on the northwest side of the
mountain; north thirty-five and one-half deyrees, east two
hundred and eighty-five poles, to a pile of stones, near a
marked white oak and two chestnut oaks, a corner to Richard
Taylor in a lino of Harrison Taylor's survey of one hundred
and ninctcen acres; thence with the same, south seventy-six
and one-fourth degrees, cast twenty poles, to a white oak
and chestnut oak, his corner, on the rise of the mountain ;
north thirty-nine degrees, east one hundred and seventy-
eight poles, to two chestnut oaks fallen and ono standing
chestnut oak, Harrison Taylor’s beginning corner at the foot
of the mountain, and now a black oak added as a corner to
Henry Blacker’s survey of cighty-three and one-half acres;
thence with the lines of the same along the side of the moun-
tain, south twelve degrees, west sixty poles, to a large chest-
nut; thence up the mountain, south forty-three degrees, east
forty poles, to a chestnut oak, near the top of the mountain ;
north twenty-nine and one-half degrees, east one hundred
and sixty-one poles, to a small chestnut oak and a chestnut,
his beginning corner, and a corner to the land purchased b

Ebenezer Williams of the said ILarrison Taylor; thence with
the same, north forty-three degrees, east forty poles, to a
chestnut oak stump filled with stones; north fifty-nine
degrees, east thirty poles, to a white oak, his corner, and the
beginning corner to the said Henry Blacker’s survey of
three hundred and eighty-one and three-fourths acres;
thence with tho lines of the same, south fourteen degrees,
west one hundred and forty-six poles, to a stooping chestnut
oak on the top of the mountain; thence along the same,
south thirty-two degrees, west one hundred and sixty-nine
poles, to a small chestnut oak standing among a cluster of
rocks; south twenty-two degrees, west cighty-eight poles, to
a red oak on the southeast side of the mountain; thence
down the mountain, south forty-three degrees, east sixty-six
poles, to a stooping Spanish ouk; south sixty degrees, east
forty-cight poles, to a black oak, chestnut oak, and a white
oak, Major John White’s corner of four hundred and thirty-
eight acres, in Blacker’s line; thence with White’s line along
the mountain, south thirty-five degrees, west sixty-seven
poles, to a red oak; north fifty-five degrees, west twenty-
three poles, to a chestnut oak, near a small branch; south
thirty-five degrees, west two hundred and seventeen poles, to
a small red oak on the side of the mountain ; south fifty-five
degrees, east twenty-eight poles, to a forked chestnut oak;
south thirty-five degrees, west seventy-seven poles, to a small
black oak (by some called red oak), close above the point of
a flat rock, John White’s corner in the said Isaac Zane’s line
of eighteen hundred and forty-two acres; thence with the
lines of the same along the mountain, north seventy-one
degrees, west twenty-two and one-half poles, to two black
oaks and a hickory on the east side of the mountain, his
corner, south forty-one degrees, west thirteen hundred and
seventy-six poles, to three chestnut oaks on a spur of the
mountain, the beginning corner of the said eighteen hundred
and forty-two acres, and a corner to the said Zane’s survey
of three thousand one hundred and ninety-five acres, reversed ;
south forty-three degrees, west nine hundred and fifteen
poles, to a pile of stones, Zane’s corner, by a rock; south
twenty-six degrees, west five hundred and twenty-four poles,
to two walnuts, a gum, and a Spanish oak on the side of the
mountain, near a cliff of rocks ; south fifty-two degrees, east
one hundred and thirty-eight poles, to a white oak anda
chestnut oak at the foot of a hill among rocks, a corner to
Zane's, and a corner to John Barnet Disbonet’s survey of
two hundred acres; thence with his lines reversed, south
forty-two degrees, west two hundred and twenty-eight and a
half poles, to a white oak and Spanish oak among rocks;
south forty-eight degrees, east eighty-four poles, to a white
oak in Disbonet’s line, and a corner to the said Elias Kackley’s
survey of one hundred and forty-nine acres; thence with a
line of the same and reversed, south forty-seven degrees,
west ninety-two poles, to fallen Spanish oak, a corner to the
said one hundred and forty-nine acres, and a corner to the
said Kackley’s survey of one hundred and thirty-nine acres ;
thence with a line of the same and a line of a late survey
made for Jacob Wolfe of twenty-five and a quarter acres
added together, south forty-three degrees, west three hun-
dred and sixty-four poles, and crossing the Duck run and
the course continued in all three hundred and eighty-six
poles, to a chestnut oak on the northwest side of the Brushy
ridge, a corner to Wolfe’s survey of twenty-six and a quarter
acres, and a corner to his survey of one hundred and twenty-
four and three-quarter acres; thence with the lines of the
same reversed, south eighty-four degrees, west eighteen poles,
to two chestnut oaks, on a ridge, south sixty degrees, west
eighty-nine poles, to four chestnut oaks on stony ground;
south forty-three degrees, west one hundred and nineteen
and a half poles, to a pine on a spur of the mountain; thence
crossing Dry run, a drain making into the Gravel-spring run,
a branch of Cedar creek, south forty-six degrees, east eighty-
two poles, to shrubby black oak on a north sharp part of a
ridge, south thirty degrees, west fifty-five poles, to a stone
standing on the brow of a hill; thence down the hill, south
fifty-eight degrees, east twenty poles, to a pine; south sixty-
four degrees, east thirty poles, to a white oak and young
pine; north eight degrees, west twenty-four poles, to twa
white oak saplings on asteep bank; north thirty-two degrees,
east twenty-five and a half poles, crossing the said Dry run
to two white oaks; south forty-eight degrees, east thirty-
nine poles, to two white oaks from one root; north eighteen
degrees, east thirty-nine and three-quarter poles, to a young
white oak ; north twenty degrees, west sixty-eight poles, to
a large white oak by a small drain; north thirty degrees,
east one hundred poles, to a white oak on flattish grounds
between the heads of two hollows; south sixteen degrees,
east seventy-four poles, to three chestnut oaks, a corner to
Wolfe, in Jacob Tevault’s line; thence leaving Wolfe and
running with Tevault’s lines, south eighty degrees, west
seventeen poles, to a fallen pine, standing pine, and chestnut
oak, a corner to Tevault, on the south side of a hill; south
ten degrees, east, down the hill, one hundred and thirty
pores, to three pines, a corner to Tevault; thence leaving

evault and running south seventy-nine degrees, west sixty
poles, to a fallen pine one rod south of a marked pine, a cor-
ner to John Richard’s gravel spring survey ; thence with the
same, south forty-two degrees, west two hundred and two
poles, to four Spanish oaks, one fallen, and a white oak now
added, a corner to Richard’s gravel spring survey, and a
corner to the said Zane’s survey of —— acres; thence with
the lines of the same reversed, north forty-eight degrees,
weet up the mountain, two hundred poles, crossing Dry run,
to a large pile of stones between four marked chestnut oaks,
on the east side of Paddy’s mountain, a corner to Zane ;
south thirty-six degrees, west eleven poles, and crossing Dry
run again, and the course continued, in all three hundred
poles, to a chestnut oak; thence leaving Zane’s lines and run-
ning up the mountain, north fifty degrees, west four hun-
dred and sixty-five poles, crossing Paddy’s mountain to a
chestnut oak near the top of the North mountain; north
forty-seven degrees, east two hundred poles, to a chestnut
oak, & corner to Major Henry Beatty’s survey of four hun-
dred and ninety-two and a half acres; thence with the lines
of the same reversed, south forty-three degrees, east ninety-
nine poles, to a pine; south eighty degrees, east sixty-one
poles, to a pine and chestnut oak; north seventy degrees,
east ninety-six poles, to a pine; north forty-seven degrees,
east two hundred poles, to three chestnut oaks, Beatty’s
beginning corner, and continuing along his lines, north
eighty-two degrecs, east eighty poles, to a Spanish oak, a
gum, and a sugar tree, about three poles south of the Duck
run; north four degrees, west, crossing the Duck run and
great road leading through the mountain, fifty-eight poles, to
a white oak ; north twenty-three degrees, west cighty poles,
to a white ouk by the side of Henry Fry’s old road; north
thirty-eight degrees,-west twelve poles, to a chestnut oak ;
and thence leaving Beatty and running north thirty-three
and a quarter degrees, east two thousand five hundred and
eighty poles to the beginning. |

And whereas it appears that the commonwealth of Vir-
ginia did receive from the said William Deakens, junior, the full

yment of the purchase-money for the said tract of land,

fore the date of the grant thereof, which was made to him
on the nineteenth day of July, seventeen hundred and ninety-
nine; and whereas it appears that before the date of said

nt the said William Deakens, junior, had departed this
ife, and a doubt exists as to whether any title has passed
from the commonwealth to said land; and whereas it appears
that in proceeding had in the circuit court of Frederick
county, in a chancery cause therein pending, of John H.
Cassin against W. D. Cassin and others, the facts above
recited were ascertained and determined, and by a decree
entered in said cause, on the day of , eighteen
——, it was adjudged that the said tract of land was and is
now owned, under regular devolution of the title under the
will of said William Deakins, junior, by the parties men-
tioned in said decree ;

And whereas by decree made in said cause, L. T. Moore,
James P. Riely, and Holmes Conrad, were appointed special
commissioners, and ordered to sell said land and collect the
proceeds of sale, in order to a distribution thereof among
the parties entitled thereto ;

And whereas it is desirable to remove the cloud which
the facts recited impose on the title to said land, that the
same may be offered for sale under conditions more favorable
to the interests of the parties concerned—

1. Be it enacted by the general assembly of Virginia, That
the register of the land office shall issue a grant, conveying
by metes and bounds, according to the survey hereinbefore
set forth, the tract of land therein described, unto L. T.
Moore, James P. Riely, and Holmes Conrad, who shall hold
the same for the uses now or hereafter to be established by
the decrees of the circuit court of Frederick county in the
chancery cause referred to, and convey by proper deed, the
title vested in them under such grant, upon such sale being
made by them as is directed by the order of sale made in
said chancery cause: provided that nothing in this act shall
be taken to impair or in anywise affect any title to said land
or any part thereof held by any person not a party to said
chancery cause, adversely to those persons who are or may
be hereafter parties therein.

2. This act shall be in force from its passage.

CHav. 209.—An ACT to incorporate the Mazsanutten and North
Mountain Ruilway Company.

Approved March 3, 1882.

1. Be it enacted by the general assembly of Virginia, That
J. D. Price, of Harrisonburg, Virginia; T. 5. Peter, of Topeka,
Kansas; C. S. Brice, of Lima, Ohio; Samuel Thomas, of
Rockingham, Columbus, Ohio; J. Samuel Harnsberger, of
Harrisonburg, Virginia; Joseph L. Laose, of Rockingham;
H.C. Allen, of Shenandoah ; H. D. Gardner, of Warrenton,
Virginia; or any five of them, their associates, successors,
and assigns, be and they are hereby made and declared a
body politic and corporate, by the name and style of Massa-
nutten and North Mountain railway company, for the pur-
pose of constructing, equipping, maintaining, and opcrating
a railroad through the counties of Warren, Page, Shenan-
doah, and Rockingham, Bath, Augusta, and Highland; to
commence at some point on the Manassas division of the
Virginia Midland railroad, between Strasburg in the county
of Shenandoah, and Riverton, in the county of Warren;
thence through the Massanutten mountain, by the most prac-
ticable route ; thence westwardly, as nearly as practicable, to
New Market, in the county of Shenandoah; thence through
the countics of Shenandoah agd Rockingham, by the most
practicable route to Brock’s Gap, in the county of Rocking-
am; thence to the line of West Virginia.

2. Said company shall have perpetual succession and a
common seal, which it may renew or alter at pleasure, and
may sue and be sued, plead and be impleaded, contract
und be contracted with, and make ordinances, by-laws, and
regulations, not inconsistent with the provisions of this act,
the laws of this state, or of the United States, for the gov-
ernment of its officers and agents, and the proper conduct of
its affairs.

3. The capital stock of the company shall be not less than
two hundred and fifty thousand dollars nor more than five
millions of dollars, and all the shares issued by said company
shall be of the par value of fifty dollars each, or all of the
par value of one hundred dollars each. In case the capital
stock of said company shall be found insufficient for
constructing and operation its railroad, said company may,
with tho concurrence of two-thirds in value of all its
stock, increase its capital stock from time to time, to
an amount necessary for the purpose aforesaid. Such
increase to be made at a regular mecting, or a meeting
called for the purpose, at such place or places, and upon
such notice as may be necessary and proper, in order that
two-thirds in value of all the stock shall be represented at
such meeting.

4. The said company may rcceive subscriptions to its capi-
tal stock in cash, land, labor or material,at such valuation as
may be agreed upon between said company and the sub-

Google
scriber, and may make such subscription payable in such
manner and in such amounts, and at such time or times as
may be agreed upon between said company and the sub-
scriber. And it shall be lawful for said company to receive
and hold the title to all lands so acquired, or which it may
purchase or acquire by voluntary grant, and to possess,
occupy, Manage, improve, and develop the same as fully as a
natural person could lawfully do, or to sell, lease, and convey
at pleasure, or mortgage, or incumber its said lands, upon
such terms and for such objects as the interests and business
of the said company may require: provided that said com-
pany shall not hold lands not needed for the purposes of its
railway for a longer period than thirty years.

5. Said company shall be, and is hereby authorized and
empowered to survey, locate and construct, equip, maintain
and operate a line of railway—either standard or narrow
gauge—as to the said company may seem advisable, with
single or double track, and to that end the said company is
invested with all the powers conferred by the general laws of
this state, and subject to all the restrictions of the same,
relating to railway companies, not inconsistent with this act.

6. Said company shall have the power to borrow money to
such an amount as it may deem proper, and to issue for any
loan, debentures, or bonds of the company, bearing interest
at such rate per annum as the company may determine, reg-
istered or coupon. Said debentures or bonds may be expressed
in dollars or in pounds sterling, and to secure the payment of
such loan or loans, principal and interest, said company may
execute one or more mortgages or deeds of trust on the
whole or any part of its property, real, personal and mixed,
its charter rights, franchises and income, and to record the
same in any county or city in the state of Virginia, and the
tax shall be assessed and paid upon the amount of bonds or
other obligations secured thereby actually soil or hypothe-
cated during the year ending on the first day of February of
each year, and no other tax shall be demanded upon such
deed of trust or mortgage.

7. It shall be lawful for said company to construct, equip,
and maintain lateral or branch roads or tramways, of any
guage whatever, not exceeding fifty miles each in length,
which shall have all the rights and powers and be subject to
the same restrictions as the main line.

8. Said company may merge and consolidate with, lease
or be leased by any connecting railroad or line of railroads,
or any part thereof in this state: provided, however, that no
such merger, consolidation, or lease shall be entered into,
take effect or prevail, until it is so authorized, and the terms
thereof determined by a vote of the holders of at least two-
thirds of the capital stock of said campany hereby incorpo-
rated and declared.

9. The corporators herein mentioned shall have the
powers and authority of a president and board of directors,
for the purpose of organization of said company, and for all
other purposes, until a president and board of directors shall
be elected at a stockholders’ meeting, and such meeting shall
be held upon such notice as the corporators may deem pro-
per, when ten per centum of the capital stock of said com-
pany shall have been subscribed. Tho said corporators may
elect one of their number chairman, who shall have the
power and authority of president of said company; and in all
matters a majority of said corporators shall control.

10. The said company shall be required to commence the
construction of said road within two years from the passage
of this act, and complete the same within five years there-
after, otherwise the powers, privileges, and franchises hereby
granted shall be ipso facto void.

11. The said company shall have the power to cross at
grade, over or under, intersect, join, or unite its railroad with
any other railroad now built or constructed, or hereafter to
be built and constructed, within this state, or to its borders
at any point on its route, and upon the grounds of such rail-
road company, with the necessary turnouts, sideways, and
switches and other conveniences in furtherance of the objects
of its connection.

12. All acts and parts of acts in conflict with the pro-
visions of this section are hereby repealed.

13. This act shall be in force from its passage.

Chap. 208.—An ACT for the relief of John H. Cassin and others.
Approved March 3, 1882.

Whereas it appears to this general assembly that by virtue
of a Jand office treasury warrant, number seventeen hundred
and five, issued on the twenty-eighth day of November,
seventeen hundred and ninety-five, there was granted by
the commonwealth of Virginia unto William Deakins, junior,
a certain tract of land, containing nine thousand nine hun-
dred and five acres by survey, bearing date the sixth day of
November, seventeen hundred and ninety-seven, lying and
being in the county of Frederick, on the top and both sides
of the North mountain, within nine miles of the town of
Winchester, adjoining the lands of General Isaac Zane,
deceased, Elias Keckley, and others, bounded as follows:
Beginning at a pile of stones between three fallen pines on
the west side of the said mountain, the southeast corner of a
survey made for Joseph Watson, deceased, and sold to the
Wartons of Philadelphia, said to contain four thousand four
hundred acres; thence running with a line of the same,
north fifty-five degrees, east three hundred poles, crossing
Laurel run, a branch of Back creek, and the course con-
tinued in all six hundred and forty poles, to a chestnut oak
and fallen pine on the same side of the mountain, Warton’s
corner, in or near James Kile’s linc; thence running in or
near the same, north twenty and one-half degrees, cast
seventy-six poles, to two chestnut oaks, near the top of a
hill, a corner to Thomas Brown’s survey of five hundred and
ninety-four acres; thence, with his lines reversed, north
forty-one and one-half degrees, east two hundred and ninety-
six poles, to a small chestnut oak; north forty-five degrees,
east one hundred and fifty-eight poles, to a chestnut oak,
black oak, and white oak, at the western foot of the moun-
tain; north thirty-two and one-half degrees, west forty-six
poles, to two chestnut oaks on a spur of the mountain;
north twenty-one and one-half degrecs, east fifty-four poles,
to a young white oak, near the top of the hill, a corner to
the said Brown in a line of Richard Taylor’s survey of two
hundred and twenty-one acres; thence with the lines of the
same, south sixty-five degrees, east twenty-eight poles, to a
large chestnut oak, his corner, on the northwest side of the
mountain; north thirty-five and one-half deyrees, east two
hundred and eighty-five poles, to a pile of stones, near a
marked white oak and two chestnut oaks, a corner to Richard
Taylor in a lino of Harrison Taylor's survey of one hundred
and ninctcen acres; thence with the same, south seventy-six
and one-fourth degrees, cast twenty poles, to a white oak
and chestnut oak, his corner, on the rise of the mountain ;
north thirty-nine degrees, east one hundred and seventy-
eight poles, to two chestnut oaks fallen and ono standing
chestnut oak, Harrison Taylor’s beginning corner at the foot
of the mountain, and now a black oak added as a corner to
Henry Blacker’s survey of cighty-three and one-half acres;
thence with the lines of the same along the side of the moun-
tain, south twelve degrees, west sixty poles, to a large chest-
nut; thence up the mountain, south forty-three degrees, east
forty poles, to a chestnut oak, near the top of the mountain ;
north twenty-nine and one-half degrees, east one hundred
and sixty-one poles, to a small chestnut oak and a chestnut,
his beginning corner, and a corner to the land purchased b

Ebenezer Williams of the said ILarrison Taylor; thence with
the same, north forty-three degrees, east forty poles, to a
chestnut oak stump filled with stones; north fifty-nine
degrees, east thirty poles, to a white oak, his corner, and the
beginning corner to the said Henry Blacker’s survey of
three hundred and eighty-one and three-fourths acres;
thence with tho lines of the same, south fourteen degrees,
west one hundred and forty-six poles, to a stooping chestnut
oak on the top of the mountain; thence along the same,
south thirty-two degrees, west one hundred and sixty-nine
poles, to a small chestnut oak standing among a cluster of
rocks; south twenty-two degrees, west cighty-eight poles, to
a red oak on the southeast side of the mountain; thence
down the mountain, south forty-three degrees, east sixty-six
poles, to a stooping Spanish ouk; south sixty degrees, east
forty-cight poles, to a black oak, chestnut oak, and a white
oak, Major John White’s corner of four hundred and thirty-
eight acres, in Blacker’s line; thence with White’s line along
the mountain, south thirty-five degrees, west sixty-seven
poles, to a red oak; north fifty-five degrees, west twenty-
three poles, to a chestnut oak, near a small branch; south
thirty-five degrees, west two hundred and seventeen poles, to
a small red oak on the side of the mountain ; south fifty-five
degrees, east twenty-eight poles, to a forked chestnut oak;
south thirty-five degrees, west seventy-seven poles, to a small
black oak (by some called red oak), close above the point of
a flat rock, John White’s corner in the said Isaac Zane’s line
of eighteen hundred and forty-two acres; thence with the
lines of the same along the mountain, north seventy-one
degrees, west twenty-two and one-half poles, to two black
oaks and a hickory on the east side of the mountain, his
corner, south forty-one degrees, west thirteen hundred and
seventy-six poles, to three chestnut oaks on a spur of the
mountain, the beginning corner of the said eighteen hundred
and forty-two acres, and a corner to the said Zane’s survey
of three thousand one hundred and ninety-five acres, reversed ;
south forty-three degrees, west nine hundred and fifteen
poles, to a pile of stones, Zane’s corner, by a rock; south
twenty-six degrees, west five hundred and twenty-four poles,
to two walnuts, a gum, and a Spanish oak on the side of the
mountain, near a cliff of rocks ; south fifty-two degrees, east
one hundred and thirty-eight poles, to a white oak anda
chestnut oak at the foot of a hill among rocks, a corner to
Zane's, and a corner to John Barnet Disbonet’s survey of
two hundred acres; thence with his lines reversed, south
forty-two degrees, west two hundred and twenty-eight and a
half poles, to a white oak and Spanish oak among rocks;
south forty-eight degrees, east eighty-four poles, to a white
oak in Disbonet’s line, and a corner to the said Elias Kackley’s
survey of one hundred and forty-nine acres; thence with a
line of the same and reversed, south forty-seven degrees,
west ninety-two poles, to fallen Spanish oak, a corner to the
said one hundred and forty-nine acres, and a corner to the
said Kackley’s survey of one hundred and thirty-nine acres ;
thence with a line of the same and a line of a late survey
made for Jacob Wolfe of twenty-five and a quarter acres
added together, south forty-three degrees, west three hun-
dred and sixty-four poles, and crossing the Duck run and
the course continued in all three hundred and eighty-six
poles, to a chestnut oak on the northwest side of the Brushy
ridge, a corner to Wolfe’s survey of twenty-six and a quarter
acres, and a corner to his survey of one hundred and twenty-
four and three-quarter acres; thence with the lines of the
same reversed, south eighty-four degrees, west eighteen poles,
to two chestnut oaks, on a ridge, south sixty degrees, west
eighty-nine poles, to four chestnut oaks on stony ground;
south forty-three degrees, west one hundred and nineteen
and a half poles, to a pine on a spur of the mountain; thence
crossing Dry run, a drain making into the Gravel-spring run,
a branch of Cedar creek, south forty-six degrees, east eighty-
two poles, to shrubby black oak on a north sharp part of a
ridge, south thirty degrees, west fifty-five poles, to a stone
standing on the brow of a hill; thence down the hill, south
fifty-eight degrees, east twenty poles, to a pine; south sixty-
four degrees, east thirty poles, to a white oak and young
pine; north eight degrees, west twenty-four poles, to twa
white oak saplings on asteep bank; north thirty-two degrees,
east twenty-five and a half poles, crossing the said Dry run
to two white oaks; south forty-eight degrees, east thirty-
nine poles, to two white oaks from one root; north eighteen
degrees, east thirty-nine and three-quarter poles, to a young
white oak ; north twenty degrees, west sixty-eight poles, to
a large white oak by a small drain; north thirty degrees,
east one hundred poles, to a white oak on flattish grounds
between the heads of two hollows; south sixteen degrees,
east seventy-four poles, to three chestnut oaks, a corner to
Wolfe, in Jacob Tevault’s line; thence leaving Wolfe and
running with Tevault’s lines, south eighty degrees, west
seventeen poles, to a fallen pine, standing pine, and chestnut
oak, a corner to Tevault, on the south side of a hill; south
ten degrees, east, down the hill, one hundred and thirty
pores, to three pines, a corner to Tevault; thence leaving

evault and running south seventy-nine degrees, west sixty
poles, to a fallen pine one rod south of a marked pine, a cor-
ner to John Richard’s gravel spring survey ; thence with the
same, south forty-two degrees, west two hundred and two
poles, to four Spanish oaks, one fallen, and a white oak now
added, a corner to Richard’s gravel spring survey, and a
corner to the said Zane’s survey of —— acres; thence with
the lines of the same reversed, north forty-eight degrees,
weet up the mountain, two hundred poles, crossing Dry run,
to a large pile of stones between four marked chestnut oaks,
on the east side of Paddy’s mountain, a corner to Zane ;
south thirty-six degrees, west eleven poles, and crossing Dry
run again, and the course continued, in all three hundred
poles, to a chestnut oak; thence leaving Zane’s lines and run-
ning up the mountain, north fifty degrees, west four hun-
dred and sixty-five poles, crossing Paddy’s mountain to a
chestnut oak near the top of the North mountain; north
forty-seven degrees, east two hundred poles, to a chestnut
oak, & corner to Major Henry Beatty’s survey of four hun-
dred and ninety-two and a half acres; thence with the lines
of the same reversed, south forty-three degrees, east ninety-
nine poles, to a pine; south eighty degrees, east sixty-one
poles, to a pine and chestnut oak; north seventy degrees,
east ninety-six poles, to a pine; north forty-seven degrees,
east two hundred poles, to three chestnut oaks, Beatty’s
beginning corner, and continuing along his lines, north
eighty-two degrecs, east eighty poles, to a Spanish oak, a
gum, and a sugar tree, about three poles south of the Duck
run; north four degrees, west, crossing the Duck run and
great road leading through the mountain, fifty-eight poles, to
a white oak ; north twenty-three degrees, west cighty poles,
to a white ouk by the side of Henry Fry’s old road; north
thirty-eight degrees,-west twelve poles, to a chestnut oak ;
and thence leaving Beatty and running north thirty-three
and a quarter degrees, east two thousand five hundred and
eighty poles to the beginning. |

And whereas it appears that the commonwealth of Vir-
ginia did receive from the said William Deakens, junior, the full

yment of the purchase-money for the said tract of land,

fore the date of the grant thereof, which was made to him
on the nineteenth day of July, seventeen hundred and ninety-
nine; and whereas it appears that before the date of said

nt the said William Deakens, junior, had departed this
ife, and a doubt exists as to whether any title has passed
from the commonwealth to said land; and whereas it appears
that in proceeding had in the circuit court of Frederick
county, in a chancery cause therein pending, of John H.
Cassin against W. D. Cassin and others, the facts above
recited were ascertained and determined, and by a decree
entered in said cause, on the day of , eighteen
——, it was adjudged that the said tract of land was and is
now owned, under regular devolution of the title under the
will of said William Deakins, junior, by the parties men-
tioned in said decree ;

And whereas by decree made in said cause, L. T. Moore,
James P. Riely, and Holmes Conrad, were appointed special
commissioners, and ordered to sell said land and collect the
proceeds of sale, in order to a distribution thereof among
the parties entitled thereto ;

And whereas it is desirable to remove the cloud which
the facts recited impose on the title to said land, that the
same may be offered for sale under conditions more favorable
to the interests of the parties concerned—

1. Be it enacted by the general assembly of Virginia, That
the register of the land office shall issue a grant, conveying
by metes and bounds, according to the survey hereinbefore
set forth, the tract of land therein described, unto L. T.
Moore, James P. Riely, and Holmes Conrad, who shall hold
the same for the uses now or hereafter to be established by
the decrees of the circuit court of Frederick county in the
chancery cause referred to, and convey by proper deed, the
title vested in them under such grant, upon such sale being
made by them as is directed by the order of sale made in
said chancery cause: provided that nothing in this act shall
be taken to impair or in anywise affect any title to said land
or any part thereof held by any person not a party to said
chancery cause, adversely to those persons who are or may
be hereafter parties therein.

2. This act shall be in force from its passage.

CHav. 209.—An ACT to incorporate the Mazsanutten and North
Mountain Ruilway Company.

Approved March 3, 1882.

1. Be it enacted by the general assembly of Virginia, That
J. D. Price, of Harrisonburg, Virginia; T. 5. Peter, of Topeka,
Kansas; C. S. Brice, of Lima, Ohio; Samuel Thomas, of
Rockingham, Columbus, Ohio; J. Samuel Harnsberger, of
Harrisonburg, Virginia; Joseph L. Laose, of Rockingham;
H.C. Allen, of Shenandoah ; H. D. Gardner, of Warrenton,
Virginia; or any five of them, their associates, successors,
and assigns, be and they are hereby made and declared a
body politic and corporate, by the name and style of Massa-
nutten and North Mountain railway company, for the pur-
pose of constructing, equipping, maintaining, and opcrating
a railroad through the counties of Warren, Page, Shenan-
doah, and Rockingham, Bath, Augusta, and Highland; to
commence at some point on the Manassas division of the
Virginia Midland railroad, between Strasburg in the county
of Shenandoah, and Riverton, in the county of Warren;
thence through the Massanutten mountain, by the most prac-
ticable route ; thence westwardly, as nearly as practicable, to
New Market, in the county of Shenandoah; thence through
the countics of Shenandoah agd Rockingham, by the most
practicable route to Brock’s Gap, in the county of Rocking-
am; thence to the line of West Virginia.

2. Said company shall have perpetual succession and a
common seal, which it may renew or alter at pleasure, and
may sue and be sued, plead and be impleaded, contract
und be contracted with, and make ordinances, by-laws, and
regulations, not inconsistent with the provisions of this act,
the laws of this state, or of the United States, for the gov-
ernment of its officers and agents, and the proper conduct of
its affairs.

3. The capital stock of the company shall be not less than
two hundred and fifty thousand dollars nor more than five
millions of dollars, and all the shares issued by said company
shall be of the par value of fifty dollars each, or all of the
par value of one hundred dollars each. In case the capital
stock of said company shall be found insufficient for
constructing and operation its railroad, said company may,
with tho concurrence of two-thirds in value of all its
stock, increase its capital stock from time to time, to
an amount necessary for the purpose aforesaid. Such
increase to be made at a regular mecting, or a meeting
called for the purpose, at such place or places, and upon
such notice as may be necessary and proper, in order that
two-thirds in value of all the stock shall be represented at
such meeting.

4. The said company may rcceive subscriptions to its capi-
tal stock in cash, land, labor or material,at such valuation as
may be agreed upon between said company and the sub-

Google
scriber, and may make such subscription payable in such
manner and in such amounts, and at such time or times as
may be agreed upon between said company and the sub-
scriber. And it shall be lawful for said company to receive
and hold the title to all lands so acquired, or which it may
purchase or acquire by voluntary grant, and to possess,
occupy, Manage, improve, and develop the same as fully as a
natural person could lawfully do, or to sell, lease, and convey
at pleasure, or mortgage, or incumber its said lands, upon
such terms and for such objects as the interests and business
of the said company may require: provided that said com-
pany shall not hold lands not needed for the purposes of its
railway for a longer period than thirty years.

5. Said company shall be, and is hereby authorized and
empowered to survey, locate and construct, equip, maintain
and operate a line of railway—either standard or narrow
gauge—as to the said company may seem advisable, with
single or double track, and to that end the said company is
invested with all the powers conferred by the general laws of
this state, and subject to all the restrictions of the same,
relating to railway companies, not inconsistent with this act.

6. Said company shall have the power to borrow money to
such an amount as it may deem proper, and to issue for any
loan, debentures, or bonds of the company, bearing interest
at such rate per annum as the company may determine, reg-
istered or coupon. Said debentures or bonds may be expressed
in dollars or in pounds sterling, and to secure the payment of
such loan or loans, principal and interest, said company may
execute one or more mortgages or deeds of trust on the
whole or any part of its property, real, personal and mixed,
its charter rights, franchises and income, and to record the
same in any county or city in the state of Virginia, and the
tax shall be assessed and paid upon the amount of bonds or
other obligations secured thereby actually soil or hypothe-
cated during the year ending on the first day of February of
each year, and no other tax shall be demanded upon such
deed of trust or mortgage.

7. It shall be lawful for said company to construct, equip,
and maintain lateral or branch roads or tramways, of any
guage whatever, not exceeding fifty miles each in length,
which shall have all the rights and powers and be subject to
the same restrictions as the main line.

8. Said company may merge and consolidate with, lease
or be leased by any connecting railroad or line of railroads,
or any part thereof in this state: provided, however, that no
such merger, consolidation, or lease shall be entered into,
take effect or prevail, until it is so authorized, and the terms
thereof determined by a vote of the holders of at least two-
thirds of the capital stock of said campany hereby incorpo-
rated and declared.

9. The corporators herein mentioned shall have the
powers and authority of a president and board of directors,
for the purpose of organization of said company, and for all
other purposes, until a president and board of directors shall
be elected at a stockholders’ meeting, and such meeting shall
be held upon such notice as the corporators may deem pro-
per, when ten per centum of the capital stock of said com-
pany shall have been subscribed. Tho said corporators may
elect one of their number chairman, who shall have the
power and authority of president of said company; and in all
matters a majority of said corporators shall control.

10. The said company shall be required to commence the
construction of said road within two years from the passage
of this act, and complete the same within five years there-
after, otherwise the powers, privileges, and franchises hereby
granted shall be ipso facto void.

11. The said company shall have the power to cross at
grade, over or under, intersect, join, or unite its railroad with
any other railroad now built or constructed, or hereafter to
be built and constructed, within this state, or to its borders
at any point on its route, and upon the grounds of such rail-
road company, with the necessary turnouts, sideways, and
switches and other conveniences in furtherance of the objects
of its connection.

12. All acts and parts of acts in conflict with the pro-
visions of this section are hereby repealed.

13. This act shall be in force from its passage.