CHAP. 259.—An ACT to incorporate the Portsmouth and Deep
Creek Turnpike Company.

Approved March 9, 1880.

1. Be it enacted by the general assembly of Virginia, That
it shall be lawful to open books in the cities of Norfolk and
Portsmouth, under the direction of F. Richardson, John H.
Gayle, A. H. Lindsay, W. S. Johnson, John L. Roper, T. S.
Garnett, Junior, L. R. Watts, W. W. Tucker, Thomas Botti-
more and W. J. Baxter, and such other person or persons as
any three of the above named persons may appoint, and at
such time and place in the said cities as they may select, for the
purpose of receiving subscriptions to a joint capital stock, not
exceeding in the whole amount twenty-five thousand do!lars, to
be divided into shares of fifty dollars each, for the purpose of
constructing a turnpike road from a point in or near that part
of the city of Portsmouth called Newtown to Paradise creek, at
or near the house of William Wood; thence through the lands
of said Wood to Julian’s creek, on or near the Brooks farms ;
thence across said creek in a direct line to a point on the main
road leading from the city of Portsmouth to Deep creek, near
Mrs. Virginia Hughlett’s house ; thence down the said main road
to Deep Creek river; thence over said river and over the public
road to the village of Deep Creek.

2. When five thousand dollars shall have been subscribed,
the subscribers, their executors, administrators and assigns,
shall be and they are hereby incorporated into a company by
the name and style of The Portsmouth and Deep Creek Turn-
pike Company, subject to the provisions of chapters fifty-six
and sixty-one of the Code of Virginia (edition of eighteen hun-
dred and seventy-three), except so far as modified by this act:
previded, that the said subscriptions shall be paid in as may
be required by the board of directors when organized.
be

=

3. The said company shall have the privilege, in making said
turnpike road, or any part thereof, to use gravel, rock, sand,
oyster shells, plank, or any other material which to it shall seem
most expedient, and shall, in the construction of the same, be
privileged to open ditches on either side of said road, to con-
struct bridges over and across Paradise creek, Julian’s creek,
and Deep Creek river, so that the construction of said bridges
does not obstruct the navigation of said creeks and rivers.
The said company shall be and it is hereby authorized to erect
a gate or gates across said turnpike road at such points as they
deem expedient, and to charge tolls not exceeding the rates
prescribed in section thirteen of chapter sixty-one, Code of
Virginia, edition of eighteen hundred and seventy-three, except
that foot passengers unaccompanied by vehicles, hurses or other
animals, shall pass over said road and bridges without the pay-
ment of toll; the said tolls to be charged as soon as the said
road shall be constructed to Mrs. Virginia Hughlett’s house on
the main road leading from Portsmouth to the village of Deep
Creek.

4. That said company in constructing said turnpike road
shall have the right to use the bed of the public road known as
the Portsmouth and Deep Creek road from a point thereon at
or near Mrs. Virginia Hughlett’s house to the village of Deep
Creek, and so much of the bed of the public road near the city
of Portsmouth, known as the Old Bridge Company road, or Key
road, as is embraced in the route of said turnpike road. And
the said company shall have the control of the entire width of
said road so far as they may extend the said turnpike road
along the line of and over the bed of the same: provided, how-
ever, that all persons residing in the village of Deep Creek, and
within one-half mile of the bridge over the Dismal Swamp canal,
in said village, and all persons residing on the said county road
leading from the said village (Deep Creek) to the city of Ports-
mouth, and all persons living on the lateral roads which connect
with the same and who are accustomed to travel over the said
county road from the village of Deep Creek and within one-
half mile thereof to and from the city of Portsmouth shall con-
tinue to pass free over so much of said county road and the
bridges thereon as shall be used and appropriated as a turn-
pike road by the said company, and shall also pass free over
so much of the Old Bridge Company road, or Key road, as shall
be used and appropriated in like manner.

5. That it shall be lawful for said company to issue as part
of its capital stock bonds to the amount of five thousand dol-
lars, of the denomination of fifty dollars, payable in ten years,
and bearing interest at the rate of eight per centum per annum,
payable semi-annually ; and to secure the payment of the said
bonds and the interest thereon by a deed of trust on the said
turnpike road and its appurtenances and franchises.

6. The said company shall have power and authority to
acquire, by gift or by purchase, or by condemnation according
to law, as much land as may be needed to construct and ope-
rate said road: provided, that said turnpike road shall not be
less than thirty feet nor more than sixty feet in width; and the
said company, in the construction of said turnpike road, shall
have the right to cross any and all public roads in its route.

7. The said company is hereby authorized to receive and
hold land or other species of property in payment of subscrip-
tions to its capital stock, and to convey or otherwise dispose of
the same: provided, that it shall not at any one time hold
more than two thousand acres of land.

8. It shall be lawful for the said company and the board of
supervisors of Norfolk county to enter into a contract for the
sale, lease, or other disposition of the county bridge over Deep
Creek river to said company.

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