Chap. 54.-An ACT to incorporate the Cumberland and Willis River
Railroad Company.

Approved April 1, 1879.

1. Be it enacted by the general assembly of Virginia, That
William Fuqua, W. H. Parish, T. J. Parish, Willam Holman,
John O. Reynolds, Mayo B. Carrington, Richard P. Walton,
Samuel F. Coleman, B. B. Woodson, Dr. C. F. Palmore, J. S.
Adams, Henry Miller, of Ohio, James 8. Welles, of New York,
and J. P. Jones, of Nevada, or any five of them, are hereby
authorized to open books of subscription to the capital stock
of the Cumberland and Willis river railroad, at the town of
Cartersville, and at Cumberland courthouse, and whenever ten
thousand dollars shall have been subscribed by persons or cor-
porations, and the percentage required by law shall have been
paid on such subscription, the subscribers, or a majority of
them, may organize the company, and thereupon they and such
persons or corporations as may be lawfully associated with
them, their successors and assigus, shall be a body corporate,
under the name and style of The Cumberiand and Willis River
Railroad, with authority to build and operate a railroad from
Pemberton, in the county of Goochland, to Cumberland court-
house, with authority to extend the same to any point on the line
counties shall be so far advanced that its road-bed shall be com-
pleted and in readiness to receive iron rails on every part
thereof, and the residue of the said bonds is to be so delivered
when the said extension shall be as fully completed, equipped
and operated for the regular transportation of freights and pas-
sengers as the existing line of said road.

2. The said election shail be conducted, and the ballots cast
thereat shall be counted, returned and canvassed in the manner
prescribed in chapter sixty-one of the Code of eighteen hun-
dred and ses enty-three.

3. If it shall appear by the report of the board of commis-
sioners appointed to count the said ballots, that three-fifths of
the qualified voters of the said counties voting upon the ques-
tion are in favor of the subscription, and that said three-fifths
includes a majority of the votes cast by freeholders at such
election, and a majority of all the registered voters of the re-
spective counties who shall have paid to the state the capitation
tax required by law for the preceding year, the said county
court shall, at its next session, enter an order requiring the
supervisors of the county to attend on a day and at a place
named in the order, to carry out the wishes of the voters as ex-
pressed at said election.

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

CHAP. 54.—An ACT to incorporate the Cumberland and Willis River
Railroad company.

Approved April 1, 1879.

1. Be it enacted by the general assembly of Virginia, That
William Fuqua, W. H. Parish, T. J. Parish, Willam Holman,
John QO. Reynolds, Mayo B. Carrington, Richard P. Walton,
Samuel F. Coleman, B. B. Woodson, Dr. C. F. Palmore, J. S.
Adams, Henry Miller, of Ohio, James S. Welles, of New York,
and J. P. Jones, of Nevada, or any five of them, are hereby
authorized to open books of subscription to the capital stock
of the Cumberland and Willis river railroad, at the town of
Cartersville, and at Cumberland courthouse, and whenever ten
thousand dollars shall have been subscribed by persons or cor-
porations, and the percentage required by law shall have been
paid on such subscription, the subscribers, or a majority of
them, may organize the company, and thereupon they and such
persons or corporations as may be lawfully associated with
them, their successors and assigus, shall be a body corporate,
under the name and style of The Cumberiand and Willis River
Railroad, with authority to build and operate a railroad from
Pemberton, in the county of Goochland, to Cumberland court-
house, with authority to extend the same to any point on the line
that it need not be given to one present at the time of making
the order. Any one or more of said commissioners attending
on the land as aforesaid may adjourn, from time to time, till
the business shall be finished. The said commissioners, in the
discharge of their duties, shall comply, in all respects, with the
* provisions of sections nine and ten of chapter fifty-six of the
Code of eighteen hundred and seventy-three, and forthwith
make return of their report, and the certificate of the justice,
to the court of the county or corporation; and unless good
cause be shown against the report the same shall be confirmed,
If, however, good cause be shown against the same, or if the
commissioners report their disagreement, or if they fail to
report within a reasonable time, the court may, as often as it
seems to it proper, appoint other commissioners, and the mat-
ter shall be procecded in as before prescribed ; and in the case
of a road, the said commissioners shall aiso ascertain and
report to court whether the said road will be one of such mere
private convenience as to make it proper that it should be
opened and kept in order by the person or persons for whose
convenicnce it is desired.

© 10, When the road or landing is established or altered, the
county shall be chargeable with the compensation to the pro-
prietors or tenants, with such costs as the court may allow
the applicant, and the costs of the commission, except in
the case mentioned in the eighth section: provided, however,
that when it shall appear to the court that the opening and
establishment or alteration of such road will be for mere pri-
vate convenience, then the court may order the opening and
establishment or alteration of such road upon the condition
of such applicants paying, In whole or in part, the compensa-
tion to the proprietors or tenants the costs of the proceedings
and keeping in order said road; the said road not to be opened
and established or altered until such compensation and costs
shall have been first paid, or the written consent of the propri-
etors or tenants given. When the court decides in favor of
establishing or altering any road or building, repairing or alter-
ing any bridge where the gross expenditure with which the
county will be chargeable, will, in any case, exceed thirty dol-
lars, before ordering the road, bridge, alteration or repairs, the
court shall ascertain, and by its order determine the amount of
the expenditure to be made, and shall certify the same to the
board of supervisors of the countv. Said board shall, at its
next meeting, determine by a recorded vote whether the ex-
penditure is deemed proper, and if two-thirds of the number
present shall deem it inexpedient, the expenditure shall not be
made. So soon as the board has acted, it shall cause its action
to be certified to the court, and if two-thirds of the said board
are not opposed to the expenditure, the court shall direct the
work to proceed: and if two-thirds shall vote against the ex-
penditure, the court shall not direct the work to bedone. Noth-
ing herein contained shall be construed as affecting or altering
any special road law passed for particular counties.
§ 11. A statement, in writing, of the number of days each
commissioner or viewer appointed under the first or third sec-
tion, and every surveyor, was employed in executing any such
order, shall be sworn to and presented to the court, and the
court may allow to each a reasonable compensation, not exceed-
ing one dollar per day for each commissioner, and two dollars
and fifty cents per day for the surveyor, to be paid by the
county; and no additional charges shall be allowed by the
court for such survey, except one dollar per day each for two
chain carriers, when deemed necessary by the court ordering
the survey.

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