‘Chap. 163.—An ACT to Authorize the Valley Railroad Company to
Construct a Free Macadamized Turnpike Koad from the Town of
Fincastle to the said Company’s Railroad.

Approved April 9, 1874.

1. Be it enacted by the general assembly, That it shalland +
may be lawful for the Valley railroad company to construct ¢
a macadamized turnpike road from the town of Fincastle, in ¢
the county of Botetourt, to any point on the said company’s t
railroad which they may select; and for this purpose, as well *
as for keeping the said macadamized road in repair, the said F
Valley railroad company are hereby invested with all the f
rights, powers and priviloges conferred, and made subject to
all the obligations, rules, regulations and restrictions imposed
upon corporations generally and works of internal improve-
ment, by chapters fifty-six and sixty-one of the Code of Vir-
ginia, edition of eighteen hundred and seventy-three, so far
as they may apply and not be inconsistent with the provisions
of this act. .

2. No tolls shall be received or toll-gates erected on any 3
art of said macadamized road, but the road shall be free. *
t shall be graded to a width not less than twenty-four feet, a

and macadamized to a width not less than twenty-two feet;
and if a grade of three degrees be practicable, and not un-
reasonably expensive, the grade shall nowhere exceed three
degrees. .

3. After the construction of said road, it shall be the duty y
of the said Valley railroad company, at all times, to keep %
and maintain the same, and the bridges and other works »
thereof, in good order; and should they, at any time fail to x
do so, the circuit or the county court of Botetourt may, upon *
the complaint of any one or more of the overseers of roads,
or of the commonwealth’s attorney, or of any five freeholders
of said county, cause the said company to be summoned be-
fore it, and by appropriate orders, and under such fines and
penalties as may not, in the opinion of the court, exceed the
cost of repair, compel them to do so. Should such fines or

nalties be at any time imposed, execution shall issue there-
or in the name and for the benefit of Botetourt county, and

the court shall cause the amount thereof to be applied to the v
necessary repairs of said road, but nothing in this act shall >
be construed as compelling the said Valley railroad company *
to construct said road. "

4. This act shall be in force from its passage. C