Chap. 186.—An ACT to incorporate The Marion and Jefferson Turn-
pike in the County of Smyth.

Approved March 20, 1875.

1. Be it enacted by the general assembly, That? W. P.
Thomas, J. W. Todd, F. J. McMillan, W. C. Fields, J. P.
Waugh, J. E. Foster, John Dent, J. W. Martin, J: W. Shef:
fey, M. P. Venable, Fell, their associates, successors and
assigns, are hereby constituted a body politic and corporate.
under the name and style of The Marion and Jefferson Turn-
pike Company, with power to make by-laws for its govern.
ment, provide for election of directors, and all otber neces-
sary offices.

2. Said corporation shall have power to make and keep in
repair a turnpike road, running by the most direct, practica-
ble and convenient route from the Virginia and Tennessee
railroad, at or near Marion, in Smyth county, Virginia, to
the North Carolina line, on the most practicable route from
Marion to Jefferson, to be determined by the said corpora-
tion, so as to connect with a similur road chartered to the
same corporators, by the legislature of North Carolina, run-
ning from Jefferson, North Carolina, and Oreknob, North
Carolina, to the Virginia line in the direction of Marion,
Virginia. |

3. The dimensions and mode of construction of said: road
shall be determined by the said company.

4. Whenever land or right of way shall be needed by said
company for the purpose of constructing the road, to supp-y
stone, gravel or other materials, if the parties cannot agree,
the same may be taken at a valuation to be made by a com-
mission of five freeholders, to be appointed by the county
court of the county where the land lies, which valuation,
made on oath, shall be returned to the county court, and re-
corded by the clerk of said court. Arid payment of the val-
uation, or tender thereof, or in case the owner of said land
does not live in the county, a deposit of the amount so ex-
ported by the said commissioners in the office of the clerk of
said court, shall vest the said right of way in the said com-

pany, so long as it shall be used for the purpose thereof.
Either party may appeal from the decision of the said com-
missioners to the county court, but no proceedings under this
section shall hinder or delay the company, or delay the work.

5. The right of condemnation shall not include any gar-
den, yard, or burial ground, nor more than thirty feet on
each side of the centre of the road, except for materjals for
construction, and one acre each for toll-houses: provided,
fbat said company may use such portions of any public road

n said route, as may be deemed convenient and necessary.

6. Said company shall have power to issue certificates of
stock to an amount not exceeding thirty thousand dollars,
in shares of five dollars each.
7. That the stockholders of the company, formed under
this act, shall be individually liable to the creditors of said
company, to an amount only equal to the amount unpaid on
the stock held by him, for any debts or liabilities of said com-
any.
P 8. That books of subscription may be opened along the
line ot said road and: elsewhere, if desired, and kopt open
antil the whole stock is subscribed. It shall, however, be
the duty of the directors to begin the graduation of said
road as soon as two hundred shares may be subscribed.

9. Said company shall have power to charge and collect
tolls after the rates now prescribed by law.

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