Chap. 77.—An ACT ratifying the sale by the Board of Public Works of
the claim of the state against the Atlantic, Mississippi, and Uhio rail-
road. .

Approved February 9, 1882.

Whereas the board of public works of the state of Vir-
inia, acting for said state, did, by agreement dated tenth
ebruary, anno domini, eighteen hundred and eighty-one,
Brant, bargain, sell, and assign to U. L. Boyce and F. J. Kim-
all, acting for themselves and their associates, in considera-
tion of the sum of five hundred thousand dollars, to be paid
as therein provided, all the right, title, and interest of the
state of Virginia in, or to, or against, the Atlantic, Missis-
sippi, and Ohio railroad company by virtue of the covenant
or mortgage dated twenty-second December, cighteen hun-
dred and seventy, made and executed by said company in
accordance with the terms of the tenth section of an act of
the general assembly of the state of Virginia, approved June
seventeonth, anno domini eighteen hundred and seventy,
authorizing the formation of the Atlantic, Mississippi, and
Ohio railroad company; and whercas the said sale was by
said agreement made subject to the condition that the said
Boyce and Kimball, and their associates, should become the
purchasers of the said railroad under the decree of sale
entered by the circuit court for the fourth judicial circuit and
eastern district of Virginia in the cause therein pending of
William Butler Duncan and Samuel L. M. Barlow, survivin
trustees, plaintiffs, against the said Atlantic, Mississippi and
Ohio railroad company and other defendants, and upon the
terms agreed upon between themselves and the president and
board of directors of said company, and with the proviso that
unless the said Boyce and Kimball and their associates should
within ninety days from the date of said agreement, or as
soon thereafter as said circuit court of the United States
should confirm this purchase of said railroad, deposit with
the board of public works the sum of one hundred thousand
dollars, in money or in public securities, satisfactory to said
board, of the market value of one hundred thousand dollars,
and should, on the ratification of said sale by the general
assembly of Virginia, pay over to said board, in cash, the fur-
thersum of four hundred thousand dollars, the balance of
ssid purchase money, then the said agreement should be
void, else to remain in full force and virtue; and whereas the
said Boyce and Kimball and their associates, did become
the purchasers of said Atlantic, Mississippi, and Ohio rail-
road, and of the franchises and property of said railroad
company at the foreclosure sale hereinbefore referred to, and
have complied with the terms agreed upon between them and
the president and board of directors of the Atlantic, Missis-
sippe and Ohio railroad company, as by said contract with
the board of public works it was stipulated they should do
inthe event of their becoming such purchasers, which sale was
ratified and confirmed by said United States circuit court, by
virtue of which sale, and of the conveyance made pursuant
thereto, the said Boyce and Kimball and their associates (of
whom Clarence H. Clark was the one jn whose name the pur-
chase of said railroad was made), become and are a corpora-
tion, by the name of The Norfolk and Western Railroad
Company, which corporation has thus become entitled to the
benetit of, and is bound by the agreement made as aforesaid
with the board of public works; and whereas the said sale of
all the right, title, and interest of the state of Virginia in, or
to, or against the Atlantic, Mississippi, and Ohio railroad
company, made by the said board of public works, to the
said Boyce and Kimball and their associates, as hereinbefore
recited, was made subject to the ratification of the general
assembly of Virginia, with a proviso that if the general
assembly of Virginia should fail to ratify and confirm the
same at its then next session, the board of public works
should redeliver to the said Boyce and Kimball and their
associates all the securities or money which should have been
delivered or paid to said board of public works by the said
Boyce and Kimball and their associates under the terms of
said agreement, together with the ‘accrued interest thereon;
and whereas the said Boyce and Kimball and their associ-
ates, by their corporate name and style of the Norfolk and
Western railroad company, have fully complied with all the
terms and conditions of said agreement, and did, on the
tenth day of May, anno domini eighteen hundred and
eighty-one, in conformity therewith, deposit with the board
of public works of the state of Virginia the sum of one hun-
dred thousand dollars in lawful money of the United States,
and are now ready and willing to pay the further sum of four
hundred thousand dollars to the board of public works, upon
the ratification and confirmation by this general assemby of
said sale, made to them by the board of public works, as
hereinbefore recited and set forth; therefore,

1. Be it enacted by the general assembly of Virginia, That
the action of the board of public works in making and exe-
cuting oft behalf of the state of Virginia the said agreement
of February tenth, anno domini eighteen hundred and eigh-
ty-one, with the said U. L. Boyce and F. J. Kimball, acting
for themselves and their associates, and the sale and transfer
thereby to the said Boyce and Kimball and their associates,
of all the claim and demand, right title, and interest of the
state of Virginia in or to or against the Atlantic, Mississippi
and Ohio railroad company, under or by virtue of the cove-
nant or mortgage executed by said company, and in said
agreement referred to, be, and the same is hereby fully
approved, ratified and confirmed.

2. And be it further enacted, That upon the payment by
the said Norfolk and Western railroad company to the board
of public works of the state of Virginia, of the balarfce of
the said five hundred thousand dollars purchase money, after
crediting said purchase with the one hundred thousand dol-
lars deposited with the board of public works, and with
whatever interest shall have accrued upon said one hundred
thousand dollars up to the date of the approval of this act,
the said Norfolk and Western railroad company shall become
and be the full and absolute owner of all rights, title, and
interest of the state of Virginia in or to, or against the
Atlantic, Mississippi and Ohio railroad company, under or
by virtue of the covenant or mortgage dated the twenty-sec-
ond day of December, anno domini eighteen hundred and
seventy, and executed by and between said company and the
board of public works, in accordance with the terms of the
tenth section of the act approved June seventeenth, anno
domini eighteen hundred and seventy, authorizing the forma-
tion of the Atlantic, Mississippi and Ohio railroad company,
and of all the rights, title, and interest of the state of Vir-
ginia, and of the board of public works of the state of Vir-
ginia, under or by virtue of the proceedings and decrees of
the circuit court of the United States for the fourth judicial
circuit and castern district of Virginia, in the equity suit in
the names of Duncan and Barlow, surviving trustees, and so
forth, plaintiffs, against the Atlantic, Mississippi and Ohio
railroad company and othtrs, pending in said court, and also
in the supreme court of the United States, and the board of
public works is directed to cause the appeal which has been
taken on behalf of the state of Virginia to the supreme
court of the United States from a decree rendered in said
cause by said United States circuit court to be dismissed, or
it shall otherwise dispose of the same as the said Norfolk
and Western railroad company may desire and request; and
shall execute all such transfers, assignments and releases as
may be necessary or proper to vest:in and confirm to the
said Norfolk and Western railroad company, all the rights
and interests which it is the purpose of this act to assure to
it: provided that the payment of the said balance of the five
hundred thousand dollars shall he made on or before the first
day of March, anno domini eighteen hundred and eighty-
two.

3. This act shall be in force from its passage.
Chap. 77.—An ACT for the relief of the sureties of R. H. Thompson,
late collector of Goodson township, in Washington county.
@

Approved April 21, 1882.

Whereas two judgments have been obtained in the circuit
court of Washington county, in the name of George R. Barr,
treasurer, for the benefit of the commonwealth; one rendered
at the October term, eighteen hundred and seventy-four, for
three hundred and seventy-two dollars and seventeen cents,
with interest from June first, eighteen hundred and seventy-
four, at ten per centum per annum, and four dollars and
ninety-two cents costs; and the other rendered at the January
term, eighteen hundred and seventy-six, for one thousand
seven hundred and seventy-two dollars and twenty-one cents,
with interest from June first, eighteen hundred and seventy-
five, at ten per centum per month, and twelve dollars and
seventy-five cents costs, against R. H. Thompson, as collector
of Goodson township, in said county, and John Thompson,
J. H. Bottles, William A. Rader, and W. M. Hopkins, as his
sureties; and whereas the said R. H. Thompson, and all of his
sureties, except John Thompson and J. H. Bottles, are insol-
vent, and it would be just and equitable that relief should be
granted as hereinafter provided; and whereas it appears that
such relief should be granted as hereinafter provided; and
whereas it appears that such relief has been recommended by

the circuit court of Washington county, pursuant to statute
in such cases provided; therefore,

1. Be itenacted by the general assembly of Virginia, That
the auditor of public accounts is hereby authorized and direc-
ted to accept from the said sureties, or any of them, or any
of their personal representatives, should any of them be dead,
in three per centum bonds of the commonwealth, issued under
act approved February fourteen, eighteen hundred and
eighty-two, known as the Riddleberger act, at their face
value, to the amount of the principal of said judgments and
six per centum interest thereon and the costs, which shall be
in full satisfaction of said two liabilities against such sureties:
provided, however, that such payment in full, as aforesaid,
shall be made within twelve months from the passage of this
act. But nothing herein shall be so construed as to apply
the relief therein to said R. H. Thompson, and nothing herein
contained shall be construed as in any wise relieving the
principal from the payment of the difference in the par value
of the bonds paid by the securities and the amount due upon
said judgments. :

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

Chap. 77.—An ACT ratifying the sale by the Board of Public Works of
the claim of the state against the Atlantic, Mississippi, and Uhio rail-
road. .

Approved February 9, 1882.

Whereas the board of public works of the state of Vir-
inia, acting for said state, did, by agreement dated tenth
ebruary, anno domini, eighteen hundred and eighty-one,
Brant, bargain, sell, and assign to U. L. Boyce and F. J. Kim-
all, acting for themselves and their associates, in considera-
tion of the sum of five hundred thousand dollars, to be paid
as therein provided, all the right, title, and interest of the
state of Virginia in, or to, or against, the Atlantic, Missis-
sippi, and Ohio railroad company by virtue of the covenant
or mortgage dated twenty-second December, cighteen hun-
dred and seventy, made and executed by said company in
accordance with the terms of the tenth section of an act of
the general assembly of the state of Virginia, approved June
seventeonth, anno domini eighteen hundred and seventy,
authorizing the formation of the Atlantic, Mississippi, and
Ohio railroad company; and whercas the said sale was by
said agreement made subject to the condition that the said
Boyce and Kimball, and their associates, should become the
purchasers of the said railroad under the decree of sale
entered by the circuit court for the fourth judicial circuit and
eastern district of Virginia in the cause therein pending of
William Butler Duncan and Samuel L. M. Barlow, survivin
trustees, plaintiffs, against the said Atlantic, Mississippi and
Ohio railroad company and other defendants, and upon the
terms agreed upon between themselves and the president and
board of directors of said company, and with the proviso that
unless the said Boyce and Kimball and their associates should
within ninety days from the date of said agreement, or as
soon thereafter as said circuit court of the United States
should confirm this purchase of said railroad, deposit with
the board of public works the sum of one hundred thousand
dollars, in money or in public securities, satisfactory to said
board, of the market value of one hundred thousand dollars,
and should, on the ratification of said sale by the general
assembly of Virginia, pay over to said board, in cash, the fur-
thersum of four hundred thousand dollars, the balance of
ssid purchase money, then the said agreement should be
void, else to remain in full force and virtue; and whereas the
said Boyce and Kimball and their associates, did become
the purchasers of said Atlantic, Mississippi, and Ohio rail-
road, and of the franchises and property of said railroad
company at the foreclosure sale hereinbefore referred to, and
have complied with the terms agreed upon between them and
the president and board of directors of the Atlantic, Missis-
sippe and Ohio railroad company, as by said contract with
the board of public works it was stipulated they should do
inthe event of their becoming such purchasers, which sale was
ratified and confirmed by said United States circuit court, by
virtue of which sale, and of the conveyance made pursuant
thereto, the said Boyce and Kimball and their associates (of
whom Clarence H. Clark was the one jn whose name the pur-
chase of said railroad was made), become and are a corpora-
tion, by the name of The Norfolk and Western Railroad
Company, which corporation has thus become entitled to the
benetit of, and is bound by the agreement made as aforesaid
with the board of public works; and whereas the said sale of
all the right, title, and interest of the state of Virginia in, or
to, or against the Atlantic, Mississippi, and Ohio railroad
company, made by the said board of public works, to the
said Boyce and Kimball and their associates, as hereinbefore
recited, was made subject to the ratification of the general
assembly of Virginia, with a proviso that if the general
assembly of Virginia should fail to ratify and confirm the
same at its then next session, the board of public works
should redeliver to the said Boyce and Kimball and their
associates all the securities or money which should have been
delivered or paid to said board of public works by the said
Boyce and Kimball and their associates under the terms of
said agreement, together with the ‘accrued interest thereon;
and whereas the said Boyce and Kimball and their associ-
ates, by their corporate name and style of the Norfolk and
Western railroad company, have fully complied with all the
terms and conditions of said agreement, and did, on the
tenth day of May, anno domini eighteen hundred and
eighty-one, in conformity therewith, deposit with the board
of public works of the state of Virginia the sum of one hun-
dred thousand dollars in lawful money of the United States,
and are now ready and willing to pay the further sum of four
hundred thousand dollars to the board of public works, upon
the ratification and confirmation by this general assemby of
said sale, made to them by the board of public works, as
hereinbefore recited and set forth; therefore,

1. Be it enacted by the general assembly of Virginia, That
the action of the board of public works in making and exe-
cuting oft behalf of the state of Virginia the said agreement
of February tenth, anno domini eighteen hundred and eigh-
ty-one, with the said U. L. Boyce and F. J. Kimball, acting
for themselves and their associates, and the sale and transfer
thereby to the said Boyce and Kimball and their associates,
of all the claim and demand, right title, and interest of the
state of Virginia in or to or against the Atlantic, Mississippi
and Ohio railroad company, under or by virtue of the cove-
nant or mortgage executed by said company, and in said
agreement referred to, be, and the same is hereby fully
approved, ratified and confirmed.

2. And be it further enacted, That upon the payment by
the said Norfolk and Western railroad company to the board
of public works of the state of Virginia, of the balarfce of
the said five hundred thousand dollars purchase money, after
crediting said purchase with the one hundred thousand dol-
lars deposited with the board of public works, and with
whatever interest shall have accrued upon said one hundred
thousand dollars up to the date of the approval of this act,
the said Norfolk and Western railroad company shall become
and be the full and absolute owner of all rights, title, and
interest of the state of Virginia in or to, or against the
Atlantic, Mississippi and Ohio railroad company, under or
by virtue of the covenant or mortgage dated the twenty-sec-
ond day of December, anno domini eighteen hundred and
seventy, and executed by and between said company and the
board of public works, in accordance with the terms of the
tenth section of the act approved June seventeenth, anno
domini eighteen hundred and seventy, authorizing the forma-
tion of the Atlantic, Mississippi and Ohio railroad company,
and of all the rights, title, and interest of the state of Vir-
ginia, and of the board of public works of the state of Vir-
ginia, under or by virtue of the proceedings and decrees of
the circuit court of the United States for the fourth judicial
circuit and castern district of Virginia, in the equity suit in
the names of Duncan and Barlow, surviving trustees, and so
forth, plaintiffs, against the Atlantic, Mississippi and Ohio
railroad company and othtrs, pending in said court, and also
in the supreme court of the United States, and the board of
public works is directed to cause the appeal which has been
taken on behalf of the state of Virginia to the supreme
court of the United States from a decree rendered in said
cause by said United States circuit court to be dismissed, or
it shall otherwise dispose of the same as the said Norfolk
and Western railroad company may desire and request; and
shall execute all such transfers, assignments and releases as
may be necessary or proper to vest:in and confirm to the
said Norfolk and Western railroad company, all the rights
and interests which it is the purpose of this act to assure to
it: provided that the payment of the said balance of the five
hundred thousand dollars shall he made on or before the first
day of March, anno domini eighteen hundred and eighty-
two.

3. This act shall be in force from its passage.
Chap. 77.—An ACT for the relief of the sureties of R. H. Thompson,
late collector of Goodson township, in Washington county.
@

Approved April 21, 1882.

Whereas two judgments have been obtained in the circuit
court of Washington county, in the name of George R. Barr,
treasurer, for the benefit of the commonwealth; one rendered
at the October term, eighteen hundred and seventy-four, for
three hundred and seventy-two dollars and seventeen cents,
with interest from June first, eighteen hundred and seventy-
four, at ten per centum per annum, and four dollars and
ninety-two cents costs; and the other rendered at the January
term, eighteen hundred and seventy-six, for one thousand
seven hundred and seventy-two dollars and twenty-one cents,
with interest from June first, eighteen hundred and seventy-
five, at ten per centum per month, and twelve dollars and
seventy-five cents costs, against R. H. Thompson, as collector
of Goodson township, in said county, and John Thompson,
J. H. Bottles, William A. Rader, and W. M. Hopkins, as his
sureties; and whereas the said R. H. Thompson, and all of his
sureties, except John Thompson and J. H. Bottles, are insol-
vent, and it would be just and equitable that relief should be
granted as hereinafter provided; and whereas it appears that
such relief should be granted as hereinafter provided; and
whereas it appears that such relief has been recommended by

the circuit court of Washington county, pursuant to statute
in such cases provided; therefore,

1. Be itenacted by the general assembly of Virginia, That
the auditor of public accounts is hereby authorized and direc-
ted to accept from the said sureties, or any of them, or any
of their personal representatives, should any of them be dead,
in three per centum bonds of the commonwealth, issued under
act approved February fourteen, eighteen hundred and
eighty-two, known as the Riddleberger act, at their face
value, to the amount of the principal of said judgments and
six per centum interest thereon and the costs, which shall be
in full satisfaction of said two liabilities against such sureties:
provided, however, that such payment in full, as aforesaid,
shall be made within twelve months from the passage of this
act. But nothing herein shall be so construed as to apply
the relief therein to said R. H. Thompson, and nothing herein
contained shall be construed as in any wise relieving the
principal from the payment of the difference in the par value
of the bonds paid by the securities and the amount due upon
said judgments. :

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