Chap. 254.—An ACT to Authorize the Town of Manchester to Cc nstruct
a Free Bridge over James River.

. Approved March 27, 1873.

1. Be it enacted by the general assembly, That Benjamin B.
Weisiger, William I. Clopton, Joseph W. Jones, Hezekiah G.
Archer, Richard S. Whitehead, Thomas B. Cersley, Samuel R.
Owens and Patrick H. Gary, who have been nominated by the
trustees of the town of Manchester as suitable commissioners
to represent the interests of said town, be and they are hereby
constituted a body corporate, under the name and style of the
Manchester Bridge Company, and as such they shall have a
common seal, and have authority to sue and be liable to be
sued.

2. Said commissioners shall, as soon as convenient, organize
by the election of a president, vice-president and secretary,
‘and after such organization they shall be known as the board
of commissioners of the Manchester Bridge Company. They

‘may enact suitable by-laws for the purposes of their organiza-

tion; appoint other necessary officers: provided, however, that
no member of said board shall receive any compensation for
any services performed by him as commissioner.

3. The said board are authorized to contract for the con-

‘struction, and cause to be constructed, a bridge across the
James river, at any point below Mayo’s bridge, on the Man-
chester side, to the corporate limits of the city of Richmond,
at the foot of seventeenth, eighteenth or nineteenth streets,
of said city; or the said commissioners are’ authorized to pur-
chase, from the owners, the bridge known as Mayo’s bridge, at
such price and upon such terms as may be agreed upon, hav-
ing first obtained the consent and approval of the board of
trustees of the town of Manchester, or their successors in au-
thority, to said purchase.

4. For the purpose of carrying out the provisions of this
act, the trustees of the town of Manchester, or their succes-
sors in authority, are hereby authorized to subscribe, in behalf
of said town, a sum not exceeding two hundred and fifty
thousand dollars; and, in order to raise the whole or any part
of such subscription, the said trustees, or their successors in
authority, through the agency of said board of commissioners,
may borrow the money, or any part thereof, payable in such
times and on such rates of interest, not exceeding twelve per
centum per annum, payable annually or semi-annually, as the
commissioners, with the approval of said trustees, or their suc-
cessors in authority, may deem best. The said trustees, or
their successors in authority, may execute, for such loan,
coupon bonds, or any other form of obligation the commis-
sioners may deem suitable, and the credit of the town of Man-
chester shall be pledged for the redemption of such loan, and
the same may be secured by a trust deed on the land, with its
water power, appurtenances and rents, known as the town
commons.

5. Said board of commissioners shall, as soon as said bridge
is ready for travel, provide for charging tolls, and regulate the
rates of said tolls: provided, that the maximum rate on any
person, vehicle, animal, or article, shall not exceed the maxi-
mum rate now allowed to be charged for passing over the toll
bridge at Richmond, known as Mayo’'s bridge. Said commis-
sioners shall also provide for the appointment of toll-gathers,
and other necessary and proper agents.

6. All revenues derived from said bridge shall be managed
and kept in such manner as the said board, with the approval
of said trustees, or their successors in authority, may pre-
scribe; but the same shall be kept distinct from other funds
or revenues of said town, and shall be applied, first, exclusively
to the keeping said bridge in repair, and paying the current
expenses thereof; secondly, to the redemption or repayment
of the principal sum, without interest, expended in the origi-
nal construction of said bridge.

7. The surplus net income derived from the rents of the
town common, and the water-power appurtenant thereto, after
first deducting the amount necessary to pay the interest on
the James river bridge bonds, shall be specially set apart and
applied to the payment of the interest accruing on the existing
bonded debt of the town, together with the interest on any
debt incurred by the town under this act, so far as it may be
necessary for the said town to look to any source for the pay-
ment of the debt contracted under this act, other than the rev-
enues to be derived from said bridge. |

8. Said board of commissioners may, from time to time,
discontinue the collection of tolls, and, from time to time, upon
reasonable notice, resume such collections, as circumstance:
may authorize, in pursuance of the other provisions of this
act.
. 9. If any person shall refuse to pay toll, when properly de-
manded, he shall forfeit ten dollars, which, together with the
toll so due, and costs, shall be recoverable before any justice
of the peace. Any sum so recovered shall be applied in the
same manner with tolls; but this provision shall not be deemed
to impair the right of said board of commissioners, or their
agents, to refuse passage to any person or thing, on or over
said bridge, until the lawful tolls are paid therefor.
, 10. If any person shall ride or drive on or over said bridge
at any gait faster than a walk, the person so offending shall
forfeit ten dollars, to be recovered, with costs, and applied as
in the preceding section provided.

11. Said bridge, with the roads or streets leading thereto or
therefrom, shall not be more than eighty feet wide. Said
board of commissioners are authorized to acquire, by contract,
the land necessary for the purposes of said bridge and its pro-
‘per appurtenances, and no more; or they may acquire the same
by condemnation, in pursuance of the provisions of chapter
fifty six, Code of Virginia (eighteen hundred and sixty), and
the general acts of assembly and laws regulating condemna-
tion of lands for public purposes, to be pursued and adopted
as far as practicable, and consistent with the provisions of this
act. But they shall not acquire any lands or houses used for
the purposes of Mayo’'s bridge; but this proviso shall not be
so construed as to prevent the condemnation of any land or
houses belonging to the owners of Mayo’s bridge, not neces-
sary for the uninterrupted passage, over said bridge, of per-
sons or vehicles.

12. Said board of commissioners are authorized to let the
use of said bridge, on such terms as may be agreed on, to in-
dividuals or companies, for fixed periods, in leu of receiving
from such persons or companies the ordinary rates of tolls
during such periods; and said board of commissioners may
contract with any person or company for a temporary or per-
manent exemption from tolls of certain persons, or other
things; or they may contract for such exemption, either to be
temporary or perpetual, applicable to the owners or occupiers
of particular tracts, lots or parcels of land, which last named
right of exemption shall be appurtenant to the land, and shall
be evidenced by such instruments and in such form as the
said board of commissioners may, by its by-laws, prescribe,
or may otherwise be agreed on between the parties; and the
clerk of the county court of Chesterfield is required to record,
in the deed book of said county, any such evidence of exemp-
tion offered for record, if certified as deeds are required to be
certified for record.

13. Said bridge may be constructed with the view of accom-
modating a street railway over the same, and the said board of
commissioners may construct such railway, and out of the cap-
ital stock and funds of said company put and keep the sume
in operation, or they may contract with other persons or com-
panies either for the construction of said street railway, or for
running their cares over the same, or both purposes; and said Pow
commissioners are authorized to extend such street railroad to ‘en4
any point or points over and through the streets of Manches- ches
ter, or over the roads and streets adjacent thereto, in the county ***
of Chesterfield, not exceeding five miles, in any branch, from
the corporate limits of said town; and they are also authorized con
to connect said railway in Richmond, with the consent of the Wi"
company or other persons owning the said last named street mon
railway, and of the council of the city of Richmond.

14. The right of condemnation or purchase shal] apply to Pow
the opening of any new street or road either within or without ¢°™
the corporate limits of Manchester, in the county of Chester- stre«
field, or for the widening of any existing street or road, which “"®
may be deemed by said commissioners convenient for the use
of said bridge or railway.

15. All persons residing in the town of Manchester shall, reg;
during such residence, be entirely exempt from the tolls on Man
their persons. All vehicles, animals or articles kept in said
town by persons residing therein, shall be subject to like ex- oi,
exemption from tolls; and all persons or companies leasing tion
water power from said town, in regard to all transportation
connected with their business as such lessees, shall be entitled
to like exemption, without regard to the personal residence of
such lessess, when the transportation is done by vehicles and
animals exempted from tolls as above or by vehicles and ani-
mals kept by such lessees in said town. It shall be incumbent oja;,
on any person or company to establish or prpve his or their emp
claim to exemption under this section in such manner as the *
said board of commissioners may prescribe.

16. The said board of commissioners, with the approval of subs
the trustees, or their successors in authority, of the town of 80!
Manchester, are authorized to negotiate with the proper autho- ship:
rities of the county of Chesterfield, or any township formed or ter a
to be formed therein, and with the common council or other Py 1!
proper authorities of the city of Richmond, and with indi-
viduals, or with any of them, for subscription to be made by
such county or any township therein, and by said city, or by
such individuals, to the capital stock of said company; and if
any such subscriptions are made, a corresponding reduction pow
shall be made in the subscription otherwise necessary to be Cor
made by the town of Manchester; and the authorities of the borr
county of Chesterfield, or any township thereof, or of the city
of Richmond, agreeing with the said board of commissioners,
with the approval of the trustees of Manchester, or their suc-
cessors in authority, shall have like powers with the said trus-
tees of Manchester, or their successors in authority, to borrow
the sum subscribed by them,-or any of them. Such agreement gxer
may involve a temporary, perpetual or partial exemption from fom
tolls of the residents of the county, city or township subscrib- euch
ing; and the county, or township or city subscribing may {or
appoint such additional members of the board of commissioners, auth
in. proportion to their subscriptions, as may be agreed on, to com
represent such county, township or city: provided, however,
that the whole number of such commissioners shall not exceed
twenty-four; and any additional commissioners, so appointed,,.
shall constiute a part of the original board organized as here-
inbefore provided. The proper authorities of the county,.
township or city subscribing under this section shall have rela-
tion and authority to and over the commissioners appointed
by them, similar to that conferred on the trustees of the town
of Manchester, or their successors in authority, in regard to.
the commissioners representing said town. The town of Man-
chester shall be exempt from the burden of any subscription
made under this act otherwise than the subscription made by
said town in its corporate character; and any subscription
which may be made by the county of Chesterfield, or by the
township of which Manchester forms only.a part, shall be made:
in behalf of and charged exclusively against that part of the
said ceunty, or that part of the township, as the case may be,
not embracing the corporate limits of said town, in like manner
as though such town did not constitute a part of such county
or such township.

17. The commissioners named in the first section of this act.
shall alone, or other, if any other be associated with them under
the provisions of this act, together with such others, continue
in office until the first day of May next succeeding one year
from the comnuletion or purchase of the bridge authorized in
this act, or until their successors are respectively appointed, as
hereinafter provided.

18. The trustees of the town of Manchester, or their suc-
cessors in authority, and the county, city or township, as the
case may be, and any individual subscribers subscribing under
this act, shall appoint, after one year from the completion of
said bridge, annually in the month of January, or thereafter,
the number of commissioners they are respectively entitled to
have in said board, whose time of service shall commence from
the first day of May of each year (if such appointments be
made after the first of May), and such commissioners, so
hereafter to be appointed, shall reside in the county, city or
town, or township, as the case may be, of the respective corpo-
rations they respectively represent, except that any commis-
sioners which any individual subscribers are authorized to ap-
point may reside either in the city of Richmond, or the county
of Chesterfield, or the town of Manchester; but such commis-
sioners, elected on behalf of individual subscribers, shall vacate
their office by subsequent removal from the corporation or
township in which they resided when elected.

19. The commissioners acting under this act shall not be
personally hable on any contract or undertaking made in pur-
suance thereof; but the town, county, city or township, or
individuals they may represent, shall be respectively bound in
proportion to their respective unpaid subscriptions. The
company may be sued by bill in equity in the chancery court
of the city of Richmond, and if subscriptions are made by par-
ties other than the town of Manchester the corporations and
individuals shall be made parties defendant, as well as the com-
missioners, but summons against individual subscribers may
be served by publication. The court shall ascertain which of
the said town, county, city, township or individuals are partic-
warly lable, and decree redress accordingly.

20. All meetings of the said commissioners shall be held in

the town of Manchester or city of Richmond. A majority of
the commissioners shall constitute a quorum for, business.
They may prescribe the periods for regular meetings.
_ 21. The bridge constructed under this act, together with
land and appurtenances acquired under section eleven of this
act, shall be bound, without any written mortgage, pledge or
security other than this act, for any loans made to effect its
construction ; and the holders of all bonds or obligations issued
for this porpose may enforce the lien hereby created by suit in
equity in the chancery court of the city of Richmond, and the
said county may direct the lease or sale of said bridge as may
be appropriate and proper to secure a satisfaction of such lien;
and any such purchaser or lessee shall be substituted to all
the rights of the company to charge tolls, and all exemptions
from tolls shall, so far as necessary, cease in favor of the pur-
chaser or lessee, wholly or partially, as the court may direct.

22. The town, city, county or township making loans under
this act may any or all of them agree, any one or more, to be-
come liable as surety for the loans effected for the purposes of
this act by any one or more of them, such undertaking between
parties so agreeing being reciprocal; but any pledge or mort-
gage made of the town common aforesaid, shall be made only
in regard to the subscription in behalf of said town.

23. The construction or purchase of the bridge herein
authorized may be commenced and completed at any time
within ten years from this act.

24, The commissioners acting for each town, city, county or
township may supply any vacancy occurring in their respective
members, before any election is authorized, or until successors
are appointed under this act.

25. The company hereby incorporated shall enjoy all the
rights conferred and be subject to all the liabilities imposed
on other bodies corporate by the statutes and laws of Virginia
as far as applicable and consistent with this act.

24, This act shall be in force from its passage, and shall be
subject to modification or repeal, at the pleasure of the general
assembly; and all acts or parts of acts in conflict with the pro-
visions of this act are hereby repealed. !