Chap. 314.—An ACT to Authorize the Construction of a Turnpike Road
from Marion to Jeffersonville by the Counties of Smyth and Tazewell.

Approved March 23, 1872.

1. Be it enacted by the general assembly, That the county
court of Smyth county may, at the expense of said county,
cause to be located and constructed, if the people of Smyth
county shall so determine by a vote under the provisions of the
sixth section of this act, a good turnpike road from Marion to
the Tazewell county line, in the gap of the Little Brushy
mountain, known as the Patrick or Asbury gap, being the same
gap through which the so-called Lawyer's path passes; and
may require the commissioners of roads, or any of them, to let
the saine, or any part thereof, with the bridges and culverts
necessary thereon, together or separately, to contract for con-
struction to the lowest bidder: provided, that the said road
shall not cost upon an average more than one thousand dollars
per mile; and so much of the present turnpike road across
Walker's mountain, known as the Marion and Plaster Banks
turnpike, as may constitute a fitting link in said road, may,
as such, be put in thorough repair by said court, and made to
constitute a part of said road from Marion to the Patrick gap.

2. The said county court of Smyth county may appoint one
or more commissioners to execute the bonds of the county in
payment for the construction and aforesaid repair of said road,
and its bridves or culverts, bearing interest from date at a rate
not exceeding eight per centum per annum, and falling due at
from one to ten years, so as to divide the cost of said road
into ten instalinents, as nearly equal as practicable.

3. It shall be. the duty of the board of supervisors of Smyth
county to provide annually, in the county levy, for the payment
of the due annual interest upon said bonds, and for the pay-
ment of the principal of such of said bonds as may be due
and unpaid at the date of each annual levy.

4. The said board of supervisors may, when the said road
shall have been completed to the county line, establish toll
gates thereon, and apply the net tolls collected to the repairing
and improvement of said road.

5. The same power and authority hereinbefore granted to
the county court of Smyth county for the construction of a
turnpike from Marion to the county line at the Patrick gap, is
also granted as to Tazewell county to the Tazewell county
court for the construction of an extension of said turnpike from
the county line at the Patrick gap to Jeffersonville, and the
foregoing third and fourth sections as to the Smyth portion of
said road and the Smyth county bonds shall extend and apply
to the board of supervisors of Tazewell county as to Tazewell
county bonds and the Tuzewell portion of said road.

6. It shall be the duty of the judge of the county court of
Smyth county, upon the application of twenty-five voters of
said county, to make an order submitting the question of con-
structing the said turnpike road to the vote of the people, to
be taken at any gencral election for the year eighteen hundred
and seventy-two: provided, that notice of such election shall
be given by posting the same upon the front door of the
court-house and at each voting precinct in the county, and by
publication in at least one newspaper in the county, for thirty
days previous to such election, at which election each regis-
tered voter may vote by ballot either “for the road” or ‘against
the road,” and if threc-tifths of the votes of those voting upon
the question are in favor of the road, and the said three-tifths
include a majority of the votes cast by freeholders at such
election, and a majority of the registered voters of the county,
then the said road shall be constructed according to the pro-
visions of this act.

t. The foregoing sixth section shall extend and apply to the
county court, county and people of Tazewell, as to that por-
tion of the said road from the line at Patrick gap to Jefterson-
ville, being the Tazewell portion of said road, just as if the
word “Tazewell” had been substituted where the word
“Smyth” occurs in said section.

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