Chap. 25.—An ACT to incorporate the Lebanon and Buchanan turn-
pike company.

Approved January 19, 1882.

1. Be it enacted by the general assembly of Virginia, That
Ss. W. Aston, Thomas M. Alderson, G. A. Pruner, Aaron Hen-
drick, John Browning, S. S. Dinwiddie, William H. Burns,
William G. Cowan, William F. Combs, Simon Combs, George
Musick, Pat. Lockhand, and such other persons as may be
hereafter associated with them, be and are hereby made a
body politic and corporate, under the name and style of The
Lebanon and Buchanan Turnpike Company, with full and
plenary powers to construct a turnpike road from or near the
town of Lebanon, in Russell county, Virginia, along the most
ractical route by way of Pat’s store, in New Garden, to the

uchanan county line. Said company is also vested with
power and authority to acquire, by gift or purchase, or by
condemnation according to law, so much land, timber, and
rk as may be necessary for the construction and operation
of said road: provided that said road shall not be less than
sixteen nor more than thirty-two feet wide: and provided
said work shall be commenced in one and be completed in five
years. :

2. Books of subseription to the capital stock of said com-
pany may be opened in the town of Lebanon and at Pat’s
‘tore under the supervision of any three of the above named
corporators, who are hereby authorized to act as commis-
sioners, at such time as said corporators may designate. The
capital stock of said company shall not be less than five hun-
dred dollars nor more than five thousand dollars, to be divided
into shares of ten dollars each.

3. The said company is hereby clothed with all powers,
privileges, and franchises conferred on turnpike companies
by the existing laws of this state: provided that said com-
pany shall be at liberty to dispense with a summer or a side
rad to said turnpike, and that said company shall not be
compelled to pave or cover said road with stone or gravel.

4. The corporators and stockholders of said company shall
meet at Lebanon, in Russell county, on the first Monday in
April next, or as soon thereafter as may be agreed upon by
‘aid company, at which time and place they shall elect a
president and a board of directors, consisting of not less than
three noy more than five persons, and such other officers as
they may deem necessary, and pass any by-laws not in con-
lict with the constitution and laws of this state, or the con-
‘titution and laws of the United States, which they may
leem necessary for their government. All elections after the
irst held by said company, shall be at such time and place
us they may direct. All officers elected by said company
shall hold their office for such length of time as may be
agreed upon by said company, and afterwards until their
successors are clected and qualified to enter upon the duties
of their respective offices. The term of all officers elected by
said company shall commence at such time as may be pre-
scribed by said company.

5. Said company shall have the right to cross the beds of
such pubic roads as may be necessary.

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

Chap. 25.—An ACT to amend and re-enact an act approved March
twentieth, eighteen hundred and seventy-five, entitled an act to pro-
tect sheep in the county of Augusta, and to ‘repeal an act approved
April second, eighteen hundred and seventy-seven, amending and
re-enacting section four of the act aforesaid.

Approved April 7, 1882.

1. Be it enacted by the gencral assembly of Virginia, That
an act approved March twenty, eighteen hundred and sev-
enty-five, entitled an act to protect sheep in the county of
August be amended and re-enacted so as to read as follows:

. That it sball be the duty of the commissioners of the
revenue for the county of Augusta, to take annually, at the
time of listing the taxable property therein, a list of all dogs,
showing whether male or female, with the name of the
owner or person in whose possession the same are found, on
the oath or affirmation of the owner or housekeeper, or head
of the family with whom or on whose lot or plantation, any
dog or dogs may be found, as to the number of dogs suc
person may own or have, or as may be on his Jot, plantation,
or premises, whether owned by him (or her) or not, and shall
return such list of dogs to the clerk’s office, and an accurate
copy of said list to the county treasurer of said county, at
the time when he returns his list of t.xable property, and
for failure to-take and return such lists, the commissioner
shall forfeit twenty dollars; and for willful failure to list any
dog, he shall forfeit one dollar.
3. A dog’s staying about any house shall be deemed suffi-
cient evidence of ownership to authorize the commissioner
to return the person inhabiting said house as the owner of
such dog, and if a dog be listed, and the tax be not duly
par’ thereon, it shall be deemed to have no owner, and may

e lawfully killed by any person seeing it run at large.

4. Upon complaint of any person to a justice of the peace
that there is a dog staying about the premises of any person
that is not listed, the justice shall summon such person and
the commissioner of the revenue, and he shall hear and decide
the case, and if the complaint be found to be true, the com-
missioner shall thereupon list said dog, and if the owner fail
to pay the tax thereon,and the costs thereby incurred, within
ten days thereafter, he shall be fined two dollars and cost—
one-half of said fine,to go to the informer. In any case where
the owner of a dog is delinquent in the payment of a fine
arising trom a non-compliance with this act, it shall be the
duty of the conatable of the district to kill said dog; for
which he shall receive a fee of one dollar, to be paid out of
the fund created by this act, on the certificate of a justice
to the board of supervisors that said constable is entitled to
the same.

5. When said commissioners shall have ascertained the
number of dogs, they shall assess a license tax of fifty cents
per head on all male dogs and two dollars and fifty cents on
each female dog; but the board of supervisors of the county
are hereby empowered to increase, if they think proper, the
tax on dogs, so as not to exceed in all one dollar per head
on male dogs, and five dollars per head on female dogs. Said
sums so assessed shall be collected and accounted for by the
county treasurer, as county levies are by law directed to be
collected and accounted for, and the treasurer shall keep a
separate account of the fund arising from said tax, and the
fines and penalties resulting from the execution of this act.
The said fund shall be and is hereby appropriated: first to
the payment of all fees and allowances due to officers and
others for the execution of this act; next to compensate the
inhabitants of said county for any loss they may sustain
from dogs killing or crippling their sheep, and for paying
such premiums as may be hereinafterwards prayided, and
the residue, if any, shall be applied to county expensé3>

6. When sheep are killed or seriously wounded by Togs,
the owner thereof, or his agent, may make out an account
his loss, in which he shall sct forth, in detail, its extent, its
date, and his own estimate thereof, which shall be accom-
panied by an affidavit to its truth, made by him before a jus-
tice or other person authorized to administer an oath, and
shall be filed with the clerk of the board of supervisors, to
be laid before said board at its next meeting or at such time
as the board shall-indicate, and shall then be sustained by
evidence satisfactory to said board.

7. The board of supervisors shall allow, out of the fund
created by this act, such premiums for killing foxes, wolves,
wild-cats, and panthers as in their judgment shall be best to
further the objects of this act, and they may make such regula-
tions for establishing rights thereto and for guarding against
frauds on the treasury, as experience may suggest, and also
for identifying the dogs on which the tax has been paid.
They shall have discretion to order payment, in whole or in
part, of the claims for damages to sheep, subject to the
amount of funds collected under this act, and the legal and
equitable rights of each application. Where the sheep killed
or injured have been assessed for taxation, the board may, if
they deem best, be governed in determining the amount of
damages sustained by the average value of the flock as ren-
dered by the owner for taxation, and in particular cases,
where sheep of especial value have been separately assessed,
the board may adopt the assessed value gs their true value.
The decision of the board on all questions of compensation
for damages arising under this act, shall be final and without
appeal. It shall be the duty of the attorney for the com-
monwealth to be present and represent the interests of the
county when these claims are decided.

8. The treasurer of the county shall annually, on the fif-
teenth day of May in each year, or as soon thereafter as
practicable, make off lists setting forth the names of the
owners in each district who are delinquent in the payment
of the tax on their dogs, and the number of dogs charged to
each delinquent; he shall cause one such list to be delivered
to the constable of each district, who shall forthwith lay the
same before a justice of his district, and said justice shall
issue a warrant to the constable, commanding him to kill the
dogs set forth as delinquent in said list. The constable shall,
without unnecessary delay, proceed to execute such mandate;
but before killing any dog, he may receive, if tendered, the
tax, executing a receipt’ therefor and let the dog go free.
The constable shall make return to the justice within sixty
days, of the manner in which he has executed said warrant,
specifying how many dogs he has killed and to whom they
were charged, and the amount of taxes collected by him and
from whom. For each dog killed, he shall receive the sum of
one dollar out of the fund created by this act, on the certifi-
cate of the fact by the justice to whom he shall have
returned the warrant. The justice shall notify the treasurer
of the amount of taxes collected by the constable and from
whom, and the constable shall pay over said amount to the
treasurer and take his receipt therefor. For failure to kill
any dog which he may be ordered to kill, the constable shall
be fined five dollars by any justice of his district, and he
shall moreover be responsible to the owners of sheep for any
damage they may suffer in consequence of such failure.

9. All payments made by the treasurer, out of funds
created by this act, shall be on order of the board of super-
visors certified by the county clerk.

10. The treasurer shall annually, at the yearly meetin
of the board of supervisors, make a settlement with said
board of his management of this fund, which settlement
shall be recorded by the clerk. ;

11. The fees and allowances of officers and others employed
in the execution of this act, shall, except where prescribed in
the act, be fixed by the board of supervisors when they shall
see proper to allow any, and shall be paid out of the afore-
said fund.

12. This act shall not affect sections five and six of chapter
one hundred and two of the Code of eighteen hundred and
seventy-three.

13. The act approved April second, eighteen hundred and
seventy-seven, amending and re-enacting section four of the
act approved March twentieth, eighteen hundred and sev-
enty-five, to protect sheep in the county of Augusta, and all
other acts and parts of acts inconsistent with this act, are
hereby repealed.

14. This act shall be in force from the first day of May,
eighteen hundred and eighty-two.

Chap. 25.—An ACT to incorporate the Lebanon and Buchanan turn-
pike company.

Approved January 19, 1882.

1. Be it enacted by the general assembly of Virginia, That
Ss. W. Aston, Thomas M. Alderson, G. A. Pruner, Aaron Hen-
drick, John Browning, S. S. Dinwiddie, William H. Burns,
William G. Cowan, William F. Combs, Simon Combs, George
Musick, Pat. Lockhand, and such other persons as may be
hereafter associated with them, be and are hereby made a
body politic and corporate, under the name and style of The
Lebanon and Buchanan Turnpike Company, with full and
plenary powers to construct a turnpike road from or near the
town of Lebanon, in Russell county, Virginia, along the most
ractical route by way of Pat’s store, in New Garden, to the

uchanan county line. Said company is also vested with
power and authority to acquire, by gift or purchase, or by
condemnation according to law, so much land, timber, and
rk as may be necessary for the construction and operation
of said road: provided that said road shall not be less than
sixteen nor more than thirty-two feet wide: and provided
said work shall be commenced in one and be completed in five
years. :

2. Books of subseription to the capital stock of said com-
pany may be opened in the town of Lebanon and at Pat’s
‘tore under the supervision of any three of the above named
corporators, who are hereby authorized to act as commis-
sioners, at such time as said corporators may designate. The
capital stock of said company shall not be less than five hun-
dred dollars nor more than five thousand dollars, to be divided
into shares of ten dollars each.

3. The said company is hereby clothed with all powers,
privileges, and franchises conferred on turnpike companies
by the existing laws of this state: provided that said com-
pany shall be at liberty to dispense with a summer or a side
rad to said turnpike, and that said company shall not be
compelled to pave or cover said road with stone or gravel.

4. The corporators and stockholders of said company shall
meet at Lebanon, in Russell county, on the first Monday in
April next, or as soon thereafter as may be agreed upon by
‘aid company, at which time and place they shall elect a
president and a board of directors, consisting of not less than
three noy more than five persons, and such other officers as
they may deem necessary, and pass any by-laws not in con-
lict with the constitution and laws of this state, or the con-
‘titution and laws of the United States, which they may
leem necessary for their government. All elections after the
irst held by said company, shall be at such time and place
us they may direct. All officers elected by said company
shall hold their office for such length of time as may be
agreed upon by said company, and afterwards until their
successors are clected and qualified to enter upon the duties
of their respective offices. The term of all officers elected by
said company shall commence at such time as may be pre-
scribed by said company.

5. Said company shall have the right to cross the beds of
such pubic roads as may be necessary.

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

Chap. 25.—An ACT to amend and re-enact an act approved March
twentieth, eighteen hundred and seventy-five, entitled an act to pro-
tect sheep in the county of Augusta, and to ‘repeal an act approved
April second, eighteen hundred and seventy-seven, amending and
re-enacting section four of the act aforesaid.

Approved April 7, 1882.

1. Be it enacted by the gencral assembly of Virginia, That
an act approved March twenty, eighteen hundred and sev-
enty-five, entitled an act to protect sheep in the county of
August be amended and re-enacted so as to read as follows:

. That it sball be the duty of the commissioners of the
revenue for the county of Augusta, to take annually, at the
time of listing the taxable property therein, a list of all dogs,
showing whether male or female, with the name of the
owner or person in whose possession the same are found, on
the oath or affirmation of the owner or housekeeper, or head
of the family with whom or on whose lot or plantation, any
dog or dogs may be found, as to the number of dogs suc
person may own or have, or as may be on his Jot, plantation,
or premises, whether owned by him (or her) or not, and shall
return such list of dogs to the clerk’s office, and an accurate
copy of said list to the county treasurer of said county, at
the time when he returns his list of t.xable property, and
for failure to-take and return such lists, the commissioner
shall forfeit twenty dollars; and for willful failure to list any
dog, he shall forfeit one dollar.
3. A dog’s staying about any house shall be deemed suffi-
cient evidence of ownership to authorize the commissioner
to return the person inhabiting said house as the owner of
such dog, and if a dog be listed, and the tax be not duly
par’ thereon, it shall be deemed to have no owner, and may

e lawfully killed by any person seeing it run at large.

4. Upon complaint of any person to a justice of the peace
that there is a dog staying about the premises of any person
that is not listed, the justice shall summon such person and
the commissioner of the revenue, and he shall hear and decide
the case, and if the complaint be found to be true, the com-
missioner shall thereupon list said dog, and if the owner fail
to pay the tax thereon,and the costs thereby incurred, within
ten days thereafter, he shall be fined two dollars and cost—
one-half of said fine,to go to the informer. In any case where
the owner of a dog is delinquent in the payment of a fine
arising trom a non-compliance with this act, it shall be the
duty of the conatable of the district to kill said dog; for
which he shall receive a fee of one dollar, to be paid out of
the fund created by this act, on the certificate of a justice
to the board of supervisors that said constable is entitled to
the same.

5. When said commissioners shall have ascertained the
number of dogs, they shall assess a license tax of fifty cents
per head on all male dogs and two dollars and fifty cents on
each female dog; but the board of supervisors of the county
are hereby empowered to increase, if they think proper, the
tax on dogs, so as not to exceed in all one dollar per head
on male dogs, and five dollars per head on female dogs. Said
sums so assessed shall be collected and accounted for by the
county treasurer, as county levies are by law directed to be
collected and accounted for, and the treasurer shall keep a
separate account of the fund arising from said tax, and the
fines and penalties resulting from the execution of this act.
The said fund shall be and is hereby appropriated: first to
the payment of all fees and allowances due to officers and
others for the execution of this act; next to compensate the
inhabitants of said county for any loss they may sustain
from dogs killing or crippling their sheep, and for paying
such premiums as may be hereinafterwards prayided, and
the residue, if any, shall be applied to county expensé3>

6. When sheep are killed or seriously wounded by Togs,
the owner thereof, or his agent, may make out an account
his loss, in which he shall sct forth, in detail, its extent, its
date, and his own estimate thereof, which shall be accom-
panied by an affidavit to its truth, made by him before a jus-
tice or other person authorized to administer an oath, and
shall be filed with the clerk of the board of supervisors, to
be laid before said board at its next meeting or at such time
as the board shall-indicate, and shall then be sustained by
evidence satisfactory to said board.

7. The board of supervisors shall allow, out of the fund
created by this act, such premiums for killing foxes, wolves,
wild-cats, and panthers as in their judgment shall be best to
further the objects of this act, and they may make such regula-
tions for establishing rights thereto and for guarding against
frauds on the treasury, as experience may suggest, and also
for identifying the dogs on which the tax has been paid.
They shall have discretion to order payment, in whole or in
part, of the claims for damages to sheep, subject to the
amount of funds collected under this act, and the legal and
equitable rights of each application. Where the sheep killed
or injured have been assessed for taxation, the board may, if
they deem best, be governed in determining the amount of
damages sustained by the average value of the flock as ren-
dered by the owner for taxation, and in particular cases,
where sheep of especial value have been separately assessed,
the board may adopt the assessed value gs their true value.
The decision of the board on all questions of compensation
for damages arising under this act, shall be final and without
appeal. It shall be the duty of the attorney for the com-
monwealth to be present and represent the interests of the
county when these claims are decided.

8. The treasurer of the county shall annually, on the fif-
teenth day of May in each year, or as soon thereafter as
practicable, make off lists setting forth the names of the
owners in each district who are delinquent in the payment
of the tax on their dogs, and the number of dogs charged to
each delinquent; he shall cause one such list to be delivered
to the constable of each district, who shall forthwith lay the
same before a justice of his district, and said justice shall
issue a warrant to the constable, commanding him to kill the
dogs set forth as delinquent in said list. The constable shall,
without unnecessary delay, proceed to execute such mandate;
but before killing any dog, he may receive, if tendered, the
tax, executing a receipt’ therefor and let the dog go free.
The constable shall make return to the justice within sixty
days, of the manner in which he has executed said warrant,
specifying how many dogs he has killed and to whom they
were charged, and the amount of taxes collected by him and
from whom. For each dog killed, he shall receive the sum of
one dollar out of the fund created by this act, on the certifi-
cate of the fact by the justice to whom he shall have
returned the warrant. The justice shall notify the treasurer
of the amount of taxes collected by the constable and from
whom, and the constable shall pay over said amount to the
treasurer and take his receipt therefor. For failure to kill
any dog which he may be ordered to kill, the constable shall
be fined five dollars by any justice of his district, and he
shall moreover be responsible to the owners of sheep for any
damage they may suffer in consequence of such failure.

9. All payments made by the treasurer, out of funds
created by this act, shall be on order of the board of super-
visors certified by the county clerk.

10. The treasurer shall annually, at the yearly meetin
of the board of supervisors, make a settlement with said
board of his management of this fund, which settlement
shall be recorded by the clerk. ;

11. The fees and allowances of officers and others employed
in the execution of this act, shall, except where prescribed in
the act, be fixed by the board of supervisors when they shall
see proper to allow any, and shall be paid out of the afore-
said fund.

12. This act shall not affect sections five and six of chapter
one hundred and two of the Code of eighteen hundred and
seventy-three.

13. The act approved April second, eighteen hundred and
seventy-seven, amending and re-enacting section four of the
act approved March twentieth, eighteen hundred and sev-
enty-five, to protect sheep in the county of Augusta, and all
other acts and parts of acts inconsistent with this act, are
hereby repealed.

14. This act shall be in force from the first day of May,
eighteen hundred and eighty-two.