Chap. 462.—An ACT to amend and re-enact sections 8, 9, 10, 11 and 12
of chapter 184, Acts 1838, relating to the construction of a road from
Winchester to Staunton, Virginia.

. Approved March 17, 1884.

Whereas by an act of the general assemily, approved
March twenty-four, eighteen hundred and thirty-eight, a
company was incorporated under the name and style of Mar-
tinsburg and Winchester Turnpike Company, and under this
charter stock was subscribed and a macadamized road made
from Martinsburg, in Berkeley county, to Winchester, in
Frederick county; and by virtue of certain acts of the con-
gress of the United States, the county of Berkeley became,
and is now, a part of the state of West Virginia; and by
virtue of certain acts of the legislature of West Virginia the
stock owned by the commonwealth of Virginia in said com-
pany was scized by, and became vested in said state of West
Virginia, to the extent, at least, that the road of said com-
pany lay within the limits of the state of West Virginia; and
the said state of West Virginia did transfer the sume to the
county of Berkeley, and the same is now held by said county ;
and since the year eighteen hundred and sixty-three so much

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of said road as lies within the limits of the state of West Vir-
ginia has been held and controlled exclusively by the stock-
holders of said company residing within said state, including
said county of Berkeley ; and whereas it appears that by an
agreement in writing, made and executed by a majority of
the stockholders of said company, residing in Virginia and
in West Virginia, respectively, it has been determined to ap-
portion all of the rights, property and franchises of said com-
pany upon equitable terms, between the stockholders residing
in the two states, respectively, and to have the same fully
secured by separate charters, to be obtained from the proper
authorities of the respective states :

1. Beit enacted by the general assembly of Virginia, That
the eighth, ninth, tenth, eleventh and twelfth sections of
chapter one hundred and eighty-four, Acts of eighteen hun-
dred and thirty-eight, be amended and re-enacted so as to
read as follows:

§ 8. The name and style of the company shall be the Win-
chester and Martinsburg Turnpike Company, with all the
rights, powers, privileges, and subject to all the restrictions
and liabilities conferred and prescribed by the general law of
the commonwealth governing similar works of internal im-
provement.

§ 9. The road held by said company shall extend from the
town of Winchester to the point where the state line inter-
sects said road.

§ 10. The said company is hereby invested with full right
and title to all the property, real and personal, all franchises
and rights of action of the Martinsburg and Winchester
Turnpike Company, so far as the same are within the limits
of Virginia; and the stockholders of the said Martinsburg
and Winchester Turnpike Company residing within the
limits of Virginia shall constitute exclusively the Winchester
and Martinsburg Turnpike Company. ;

§ 11. The board of public works is hereby authorized to
dispose of such interest as the commonwealth of Virginia
may have, if any, in said company, upon such terms as may
to said board seem proper. |

§ 12. This act shall be in force from its passage.