Chap. 44.—An ACT to provide fora division of the Norfolk county
ferries between the city of Portsmouth and county of Norfolk.

Approved April 6, 1887.

Whereas, prior to the first of, March, eighteen hundred
and fifty-cight, the city of Portsmouth was a part of the
county of Norfolk; and whereas, by acts of the general as-
sembly, passed March first, eighteen hundred and fifty-eight,
and March twenty-fifth, eighteen hundred and fifty-eight, ‘the
city of Portsmouth was granted a charter of incorporation
as a city, and it was provided therein that the property ac-
quired during the union of the two, and also the debt con-
tracted, should be divided equally between the two; and
whereas the ferrics which now ply, by authority of law,
between the city of Portsmouth and the city of Norfolk and
Washington Point, and known as Norfolk county ferries,
were a part of the common property; and whereas, in a suit
of arbitration, agreed upon between the said city and county,
on the sixth of farch, cighteen hundred and seventy-seven,
for the purpose of ascertaining the rights and interests of
the said city and county in said ‘ferries. and so for th, an award
was made and duly recorded in the office of the clerk of the
circuit court of Norfolk county, Which said award was sus-
tained by a decision of the court of appeals of Virginia in
the case of the city of Portsmouth versus the county of Nor-
folk (see thirty-first Grattan, page —); and whereas it was
decided in said award, that “in the matter of the ferry land-
ing in Norfolk city, known as the county dock, that the title
to the soil or land itself is in the county of Norfolk only,
which is the legal owner thereof, but that this title and own-
ership is subject to the joint right of the said county and
city (of Portsmouth) to the ferry landing and right of way
over the said soil or land, and that the rights and interests
of the said city of Portsmouth in the said landing, as now
used, or as it may hereafter be used, are commensurate and
co- -equal with those of the said county ” ; and whereas it was
further awarded that the dock and other property in Ports-
mouth, the dock and other property in Berkeley, together
with the franchise, and “all boats and other personal property
of every description, used and employed in connection with
said ferries, is the joint property of the county of Norfolk
and city of Portsmouth, and belongs to the said parties in
equal proportions”; and whereas conflicting interests have
arisen between the owners of the said ferries. and they are
unable to agree in its management, whereby the interests of
the travelling public, if not their lives, are liable to be sacri-
ficed; and whereas it is thought that the time has arrived
at which a division of the property and franchise should be
made between the city and county as contemplated in the
aforesaid acts of Marcb first, eighteen hundred and _ tifty-
eight, and March twenty-fifth, eighteen hundred and fifty-
eight; therefore,

1. Be it enacted by the general assembly of Virginia, That
it shall belawful for either the council of the city of Portsmouth
or the board of supervisors of the county of Norfolk, to apply
to the judge of the circuit court of the city of Norfolle or of
some county in the vicinity of said city, other than the
county of Norfolk and city of Portsmouth, in term time or
vacation, after giving thirty days notice to the other party,
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of the time and place of such application, for the appoint-
ment of three disinterested persons as commissioners, which
said court shall appoint said commissioners, who having been
duly sworn to faithfully and impartially perform the duties
devolving upon them by this act, shall divide the real estate
in Norfolk city previously referred to and known as the
county dock and terry landing, into two equal portions by a
line running from Water street to the port wardens’ line, and
shall assign one-half to the county of Norfolk and the other
balt to the city of Portsmouth, and to that end may employ
one or more competent surveyors: provided that should the
one-half assigned to the city of Portsmouth ever cease to be
used tor terry purposes by the citv of Portsmouth or her as-
Kichs, it shall revert back to Nortolk county, and in making
such division they shall take into consideration the value ot
the improvements on each half, and charge the same to the
parties respectively.

2. ‘The said commissioners shall estimate the value of the
fee simple title of Norfolk county to the one-half of the dock
and Janding in Nortolk city which shall be assigned to the
city of Portsmouth, after taking into consideration the richt
claimed by the city of Portsmouth to the use of said property
for ferry purposes, and the city of Portsmouth is bereby au-
thorized to purchase the said property at their valuation, ip
which event the board of supervisors of the county of Nor-
folk are authorized to give the city of Portsmouth a deed in
fee simple tor the same.

3. ‘The sad commissioners shall assess the value of the real
estate, docks, wharves, and buildings &c., in Portsmouth, the
real estate, docks, wharves, buildings, &¢., in Berkley, and all
boats and other property owned by the said ferries, fixing the
value of each separately.

4, ‘Tie said commissioners shall assign to the said parties
any property, real or personal, which each may be willing to
take at thei valuation: provided, that should there be any
property which neither may want, it shall be sold at public
auction by said commissioners, atter due notice by advertise-
ment, and the proceeds divided equally between the said city
of Portsmouth and the county of Norfolk, and should there
be any piece of property which both parties are willing to
take at them valuation, the said commissioners shall, after
giving thirty days’ notice, receive sealed proposals from both,
which shall be opened in the presence of representatives from
the said council and supervisors, and they shall award the
property to the one offering the Inghest price for it. All
moneys in the treasury of said ferries shall be divided equally
between the said city and county at the ttme the division is
consummated,

d. ‘Lhe commissioners shall ascertain to which side the bal-
ancg of funds arising from the sale or division of the prop-
erty shall belong, and shall direct the payment of the same
by the party iudebted, and. in order to meet any Habilities
arising under this act, it shall be lawful for the said city and
county, respectively, to borrow such sums as may be neces-
sary, and to secure the sume by deed of trust upon their re-
spective portions of the ferry property after the division of
the said property..

6. The said commissioners shall make report of their pro-
ceedings to the court from which they receive their appoint-
ments, and the same when confirmed by the court in term or
vacation, shall be spread upon the records of the said court
and certificd copies thereof furnished by the clerk to the
board of supervisors of Norfolk county, and the council of
the city of Portsmouth and the said court shall carry into
effect the award of tho said commissioners, as if the same
had been a judgment rendered in said court. The report ot
said commissioners shall be subject to exceptions by cither
party, and shall be filed in the clerk’s offive of said court for
at least fifteen days before it shall be confirmed. Hither
party, upon giving fifteen day’s notice to the other, may
move the court, in term or vacation, to confirm or reject the
paid report. The proceedings, upon the application provided
for by the first scction of this act, shall be governed by the
principes of law and equity applicable to partition suits so

ar as the same be not inconsistent with this act, and either
party shall have the right of appeal from the final order or
decree of said circuit court to the court of appeals.

7. The franchise now owned by the said city and county
jointly, sball be and is hereby conferred upon them separately,
with authority to each to establish and manage ferries where
they are now authorized by law to do so jointly; and, in the
event of the failure of cither the said city or county for the
space of two years to maintain any one of the ferries author-
ized by this act, their right to maintain such ferry shall
thereby cease and become terminated ; and, in the event that
a division of the property shall be made under this act, the
ferries owned and operated by the city of Portsmouth shall
be managed by a committee of tbree appointed by the coun.
cil of said city, and the ferries which may be owned and ope-
rated by the county of Norfolk shall be managed by a com.
mittee of three, appointed by the board of supervisors of said
county, and both parties shall have the right to use any
landing now owned or in use for the space of one vear after
the said division.

8. In order to provide for the convenient transportation of
passengers and teams, it is hereby provided that any ferry
which may be operated or established by virtue of this act,
shall be provided with boats of at least equal size and accom.
modations with those now in use on the said ferry routes
respectively.

9. The commissioners appointed under this act shall receive
® compensation of one hundred dollars each for the faithful
discharye of their dutics, to be paid equally by tho said city
and county, and all other expenses shall also be borno equally
by said city and county.

10. Nothing in this act shall be so construed as vitiating
any arrangement or agreement which the said city and county
may have “made, or may hereafter make, for a division of said
ferries, but said agreement shall have full force and effect as
if this act had not been passed.

11. It shall beJawtul for the council of the city of Ports-
mouth and the board of supervisors of Norfolk county to
make a division of the said ferry property, landing, boats,
and so forth, in such manner and upon such terms as they
may avrec upon, and for each of said parties by deed to con-
vey to the other such portion of the real estate and personal
property now owned or used, as may be assigned to each
respectively in such division, and in the event of a disagree-
ment between the said city council and board of supervisors
as to the terms of such division, then it shall be lawful for
either party to take steps for a division of the property and
franchise under this act.

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