Chap. 184.—An ACT to incorporate the Arcadia Iron Works Com-
pany.

Approved February 15, 1882.

1. Be it enacted by the gencral assembly of Virginia, That
George M. Bartholemew, of Hartford, Connecticut, Edward
Dillon, Henry C. Snyder, John W. Johnston, and Walter N.
Johnston, of Botetourt county, Virginia, their successors and
associates, be and they are hereby constituted a body politic
and corporate, under the name and style of the Arcadia Iron
Works Company.

2. The said company shall be entitled to all the rights anc
privileges, and subject to all the provisions and restrictions
of the yeneral law in regard to chartered companies and cor-
porations, contained in the Code of Virginia, edition of eigh-
teen hundred and seventy-three, chapters fifty-six, fifty-seven,
and sixty-one, except in so far as the same are inconsistent
with this act.

3. The said company shall have the right to buy or sell,
receive, lease, hold, grant, convey, exchange, mortgage, and
use property. real, personal, and mixed, in this state, and
elsewhere in the United States, and to improve its property,
orany part of it, by the erection of furnaces, forges, rolling-
mills, manufactories, and other buildings, and to colonize and
settle its lands, and to lay out the same, or any part thereof,
into towns, with lots, streets, and alleys; but the said com.
pany shall not hold more than fifty thousand acres of land
at any one time.
4. The said company shall have the right to mine iron
and other ores, transport, buy, and sell the same, and to
work the same into sponge, blooms, pig, or bar iron, steel, or
otherwise, and to manufacture iron and other ores in all the
various branches and uses for which they are employed, and
to transport, buy and sell the same, and to work the same
into all the various forms, branches, and uses for which they
may be adapted, and also to develop, work, manufacture,
transport, and buy or sell coal, minerals, chemicals, wood,
timber, marble, slate, rock, grain, cotton, wool, and such
other vegetable, mineral, and animal products, as to the said
company may seem meet.

5. The said company shall have the right to construct,
maintain, equip, and operate, or to assist other corporations
or associations of individuals in constructing, maintaining,
equipping, and operating roads, canals, tramways, or rail-
roads, from their mines or works, or any of them, by the
most practicable routes, to intersect with any railroad, canal,
or water course: provided that no such road, canal, tram-
way, or railroad, shall exceed twenty miles in length; and
the said company may, for the purposes indicated, subscribe
to, purchase, or hold shares in the capital stock of any corpo.
ration or association of individuals formed for building any
such roads, canals, tramways, or railroads; and may further,
for the purpose indicated, make loans to, or guarantee, or
endorse the obligations of any such corporation or association
of individuals. .

6. The said company may contract with other corporations
or individuals for the construction and equipment of any
works, of improvement, whether of a public or private
nature, on such terms as to it may seem mect.

7. The capital stock of said company shall not be more
than one million dollars, and shall not be less than two hun-
dred thousand dollars, and the same shall be divided into
shares of one hundred dollars each. Any three, or more, of
the corporators named in the first section, may act as com-
missioners to receive subscriptions to the capital stock of said
company, at such times and places as they may designate,
giving notice of the opening of books of subscription by
publication, for at least two successive weeks, in some news-
paper published in the county of Botetourt, Virginia, and
otherwise as they see fit.

8. Subscriptions to the capital stock of said company may
be received, payable in money, or payable, in whole or in
part, in bonds and stock of any other corporation or associa-
tion of individuals, lands, mines, mineral rights, metals, tim-
ber, goods, chattels, credits, leases, options, houses, material,
lumber, or labor, at a valuation in each case to be agreed
upon between the acting commissioners, or the company, and
those making the subscriptions. But on all subscriptions
taken by the said acting commissioners, whether payable in
money or otherwise, there shall be paid to them, in casb, at
least two per centum of all amounts subscribed at the time
of making the subscription.

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9. No stockholder in the said company shall ever be held
liable, or made responsible, for its debts and liabilities in a
larger or further sum than the amount of any unpaid balance
due to the said company for stock subscribed for by said
stockholder.

10. The persons first named in this act shall constitute the
first board of directors of the said company, and shall con-
tinue in office until the first meeting of the stockholders
thereof. At such first meeting, and at every annual meeting
thereatter, so many directors shall be elected as may be pre-
scribed by the laws and regulations of said company, who
may be removed by the stockholders in general meeting, but
unless so removed, shall continue in office until their succes-
sors shall be elected and qualified.

11. The board of directors shall be stockholders of said
company. They shall appoint one of their number president,
and may appoint from their number one or more vice-presi-
dents, and may fill any vacancy that may occur in said board,
unless by removal, in which case the same shall be filled by
the stockholders in general meeting. The board of directors
shall appoint (to hold during its pleasure) the subordinate
oficers and agents of the said company, prescribe their com-
pebsations, and take from them bonds with such security as
they may deem fit.

12. The board of directors may establish offices and agen-
cies at such places as they may think proper, but one of the
principal offices of the company shall be located at Buchanan,
in Botetourt county, or some other point within the limits of
the state of Virginia.

13. The first meeting of the stockholders shall be called and
held as prescribed by the eighth section of chapter fifty-seven
tthe Code of Virginia, edition of eighteen hundred and
seventy-three, and thereafter the annual meetings of the
stockholders shall be held at such times and places as may,
rom time to time, be prescribed by the by-laws of the said
~ompany.

14. The said company shall have power to borrow money
n its bonds or other evidences of debt, at a rate of interest
iot exceeding seven per centum per annum, and to secure
he payment thereof by one or more deeds of trust, or mort-
"ages, upon its road or roads, franchises, works, property,
val estate, resources, and incomes or any part thereof.

15. This act shall be in force from its passage.
CaP. 185.—An ACT to repeal the first section of an act entitled an
act for the protection of fish in the waters of the commonwealth,
above tidewater, co far as applicable to the waters that run through
the counties of Floyd, Carroll, and Grayson.

Approved February 15, 1882.

1. Be it enacted by the general assembly, That section
one of an act approved April twenty-ninth, erghteen hundred
and seventy-four, Session Acts eighteen hundred and seventy-
four, for the protection of fish in the waters of the common-
wealth above tidewater, as amended by an act approved
March twenty-one, eighteen hundred and seventy-seven, be
and is hereby repealed so far as it relates to the rivers, creeke,
and branches that are embraced within the boundaries and
jurisdiction of Floyd, Carroll, and Grayson counties.

Z. And so much of the third section of chapter sixty-two,
Code eighteen hundred and seventy-three, as refers to mill-
dams across rivers, crecks, or branches lying within the limits
of Floyd, Grayson, and Carroll counties be and is hereby re-
pealed. - :

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

Chap. 184.—An ACT to provide for working the roads and repairing
the bridges in the county of Botetourt.

Approved February 21, 1882.

1. Be it enacted by the general assembly of Virginia, That
in the county of Botetourt, the public roads and bridges
shall be repaired and kept in order as follows: For each
magisterial district in the county, there is hereby established
a board, consisting of the supervisor of the district, who
shall be chairman thereof, a road commissioner, and a justice
of the peace, who shall be clerk of the board. The said
board shall and is hereby declared to be a body politic and
corporate, under the name and style of the board of road
commissioners for the magisterial district, in the county
of ; and by such name may sue and be sued. The said
board shall have the control of all the roads and bridges
within the district, and disbursing of all taxes imposed for
repairing the roads and bridges, and keeping the same in
order. The said board shall fix the time and place for its
meetings: provided that it shall meet at some central point
in the district, and in the months of June and July of each
year for the purposes named in sections thirteen and fifteen.

f from any cause, either of the members of said board shall
be prevented from attending any meeting thereof, the other
members may, in case of emergency, call in any justice of
the peace for the district, who, with them, shall constitute
the board for the time being, and they shall have all the
power and authority vested by this act in the board of road
commissioners for said district.

2. The road commissioners for each magisterial district
shall, after ascertaining the amount necessary to repair or
build the road, bridges, and so forth, in their respective dis-
tricts, under this law, make such report to the board of
supervisors, whose duty it shall be to make levies on persons
and property for each magisterial district in conformity with
said report.

3. The justice of the peace constituting a member of the
board, shall be designated in writing by the supervisors and
road commissioner, which writing sball be recorded by the
said board in the minute book. A road commissioner for
each magisterial district shall be elected by the qualified
voters of the magisterial district in which he is to serve, as
early as practicable after the passage of this act. He may
at once qualify and enter upon the performance of his duties,

and shall hold office until his successor is elected and quali-
fied. His term of office, after the first election, shall be two
years, and shall commence on the first day of July succeed-
ing his election: provided that the first road commissioner
for each magisterial district shall be appointed by the county
court to serve until his successor is elected and qualified, as
provided in this section.

4. The road precincts shall remain, as now laid out and
described by metes and bounds in the several magisterial
districts, until changed by the board of road commissioners.
The said board shall have power, and it shall be their duty,
to make such changes therein as may be‘proper. The sur-
veyors in charge of said precincts, when this act goes in
effect, shall continue in the performance of their duties until
the overseers hereinafter provided for shall be appointed and
qualified.

3. The said board of road commissioners shall, as soon as
they shall be organized, proceed to appoint overseers of
roads for each precinct established by them, not exceeding
one to every three miles, nor less than one to five miles.
Each overseer so appointed shall execute bond in a penalty
of not less than one hundred dollars, with approved security,
and shall act for at least twelve months, unless sooner
relieved by the board of road commissioners for good reasons
shown to them.

6. The duty of the overseer of roads shall be to see that
the roads in the precinct are kept in good repair; that the
bridges and crossings, for foot passengers are in safe condi-
tion; that the roads are of necessary width, well drained,
and free from obstructions; that all dead trees near the roads
are cut down, and all loose stones removed from the roads;
that neat sign-boards are kept at all forks and crossings of
public roads, plainly indicating the most noted place to which
each road leads, and the distance thereto; and he shall con-
tract for all tools and implements necessary for the working
of roads, subject to the approval of the board of road com-
miasioners, and shall have custody of the same. He shall
perform such other duties as may be prescribed by law.

7. The overseer of roads shall receive a compensation of
one dollar a day for every day he is actually engaged in
working on the roads (less the two days required of him by
law). The overseer of roads shall not, for any other service
rendered by him, receive any further or other compensation,
except for warning in hands, and such commissions a8 may
be allowed him by the board for money collections.

8. The overseer of roads, and the sureties on his official
bond, in addition to their liability for all property, tickets,
and money which may come into his hands as overseer, and
for which he shall fail to account when required, shall be
liable tor any failure or neglect to keep his roads and bridges
in good order, or to perform any other duty required by law.
The amount of such liability may be recovered by the board
by suit in court, or upon the warrant of a justice, as the case
may be.
Duties of road 9. The road commissioners shall have general supervision

fo respette. of all roads and bridges in his district, including bridges

roads built jointly by his county and any adjoining county across
streams which constitute the boundary between such coun-
ties. The overseer of roads in his district shall be under
his authority, and subject to his orders. Upon complaint by
him to the board, that any overseer neglects or refuses to
perform his duties, the board may, if satisfied of the correct-
ness of such complaint, remove said overseer and appoint
another in his place ; and if any overscer shall neglect or
refuse, after notice in writing from the road commissioner, to
perform any duty required of him, it shall be the duty of the
road commissioner to cause the required work to be done.
It shall also be the duty of the road commissioner to superin-
tend the changing of any road, opening of any new road, or
building of any bridge which may be required of him by the
county court. He shall perform such other duties as may be
prescribed by law.

Penalties for 10. If any road commissioner shall neglect or refuse to
neglect or perform the duties required of him by law, he shall be liable,

discharge duty on presentment of a grand jury, to pay a fine of not less
than thirty, nor more than fifty dollars for each offence ; but
if it shall appear to the court that such prosecution was
frivolous and vexatious, the court may, upon acquittal of the
road commissioner, require the prosecutor to pay the costs.
Petition to 11. Each petition to alter, change, or discontinue a public
Shenge a road road, to open a new road, or build a bridge, or establish a
oropena new ferry, must hereafter be first referred to the board of road
Ons to pe the Commissioners for the district to which the petitioners belong,
commissioners who shall endorse thereon their approval or disapproval of
the same, and the reasons therefor. The petition, with said
endorsement, shall then be presented to the board of super-
visors, Who shall likewise endorse, when the petition shall
then be presented to the county court, and there proceeded
with as prescribed by the general statucs in such cases made
and provided; but the board of road commissioners may
order any change in a road which does not involve the con-
demnation of land or payment of damages, as where the land
owner consents.
Costofkeeping 12. When the location of any road now is, or hereafter
a road inorder may be, on a line dividing two magisterial districts, the road
two districts; commissioners of the adjoining districts shall equitably di-
mined vide the expense of said road between such districts; or,
upon their failure to agree, the.county court shall divide the
same, and direct what part of said road shall be kept in
repair by each magisterial district.
Board of road 13. The board of road commissioners, for each magisterial
commissioners district, at its annual meeting in July, shall assess and levy a

levy tax tax upon the property, real and personal, of the district
forin this act: provided that the assessment on property
shall not be more in any one year than seven and a half cents
onthe hundred dollars. The tax levied on each precinct
shall, as far as practicable, be expended therein. Land lying
ly in one district or precinct, and partly in another, shall
assessed in the district or precinct in which the greater
thereof lies.

14. The board of road commissioners shall annually, by
the first day of August, through their clerk, furnish to each
overseer a statement of the taxes assessed against each person
in his precinct, and the aggregate amount of such tax, which
tax the overseer shall collect in money or labor, or partly in
money and partly in labor, as the board may prescribe; and
eo much of said tax as he shall be unable to collect, he shall,
at such time as may be designated by the board, turn over,
with ten per centum added for costs of collection, to the
county treasurer; or, if the board so order, to a constable,
taking his receipt for the same. The treasurer or constable
receiving such tax account, shall proceed to collect the same
as other taxes are collected, and after deducting the commis-
sion of ten per centum above provided, pay over the net
proceeds to the clerk of the board of road commissioners. The
overseer shall expend so much of the money coming into his
hands under the preceding section as may be necessary, in
connection with the labor provided for in the twentieth sec-
tion, to keep his road and bridges in order, and to pay for
tools and implements, and shall pay to the clerk of the board
of road commissioners, on the second Saturday in June of
each year, any surplus remaining in his hands, after deduct-
ing such compensation for himself as shall be allowed by the

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15. The board of road commissioners for each magisterial
district, shall fix a schedule of prices for labor, hire of teams,
and other services upon roads in their district: provided that
a day’s work under this act shall be ten hours. The said
board shall annually, on the second Saturday in June, audit
all claims arising under this act, including the accounts of
the commissioner and overseer of roads, which accounts shall
be verified by affidavits. They shall enter all claims allowed
by them in a book to be kept for the purpose, and paid for
out of the fund provided for in section thirteen of this act,
and shall pay said claims out of any moneys in the hands of
the clerk of the board.

16. The clerk of the board of road commissioners shall
qualify and enter into bond, in a penalty of not less than two
handred dollars, before the county court, and with security
to be approved by the court, before the first day of July suc-
ceeding his appointment. It shall be his duty to keep all
papers, books, and records of the board, and to receive and
pay ila all moneys which they may direct, or the law pre-
scribe.

17. Each member of the board of road commissioners shall
recoive one dollar and fifty cents for every day’s service on
the board, or in the performance of any other duty required
of him by law: provided that for services on the board, no
member shall receive more than eight dollars in any year:
and provided further, that the clerk shall, for all other ser-
vices performed by him during the year, receive not more
than twenty dollars additional compensation; and the road
commissioner shall, for all other services performed by him
during the year, receive not more than twenty dollars, except
that for services rendered in Superintending the changing or
opening of roads, or building bridges under order of the
county court, he may receive such additional sum, not exceed-
ing one dollar and ty cents per day, as the board of super-
visors may allow. All claims for compensation under this
section shall be audited by the board of supervisors, who
stall issue their warrants upon the county treasurer for the
sums allowed them.

18. If the board of road commissioners or supervisors shall
neglect or refuse to perform any duty required of them by
this act, the county court may, upon the application of any
party interested, by mandamus, compel said boards, or either
of them, to perform such duty.

19. All male persons in each road precinct, except such as
are exempt by the general road law, shall be appointed by
the board of road commissioners for each magisterial district
for that precinct, and compelled to work two days in each
year on some public road therein, as near as may be to their
homes. The two days here required shall not include any
time such persons may be required to work in changing or
opening a road under the general road law.

20. Every person required to work shall, either in person
or by a sufficient substitute, attend, when required by the
overseer of roads for his precinct, with proper tools, and
work the roads as required in the preceeding section.
Every person failing to so attend, shall, if adult, be liable to
pay an addition road tax of eighty cents for each day he
ails to work; or, if he be a minor, his parent or guardian
shall be so liable, and said tax, if not paid to the overseer in
twenty days thereafter, may be levied for and collected as
other district road, taxes are collected, under the fourteenth
section of this act. Any money so recovered by the over-
seer, shall be expended by him in the repair of his roads and
bridges.

21. The cost of changing roads, opening new roads, and
building bridges, shall hereafter be borne by the respective
districts in which they are located; and when located partly
in one district and partly in another, the cost shall be appor-
tioned equitably between them by the board of supervisors;
but whenever the road to be changed or opened, or the bridge
to be built, is of such public and general importance as to
make it proper that the cost thereof-shall be borne by the
whole county, the board of supervisors may so order. The
board of supervisors shall be authorized to make such addi-
tional levy, or assessment, upon any district or districts, not
exceeding five cents in the hundred dollars worth of prop-
erty, real and personal, in any year, as may be required to
defray the expenses incurred under this section.

22. Such provisions of the general road law of the state as
do not conflict with this act shall continue in force in the
county named herein; and nothing in this act contained shall
be so construed as to interfere with existing contracts for
working of roads in said county.

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

CuaaPp. 185.—An ACT to incorporate the town of Haymarket, in the
county of Prince William.

Approved February 21, 1882.

1. Be it enacted by the general assembly, That all of the
land comprehended in the following boundaries, namely:
beginning at the railroad where the lands of James Smith
and Grayson Tyler join, and running north to the dividing
line between the lands of Thomas A. Smith and O. Witchi-
chen; thence along said line west, to a point on the land of
F. Peters, between his barn and dwelling, on a line with his
fence running south; thence along said fence to Thorough-
fare pike; thence west along said pike, and including the
same, to a point opposite the dividing line between the lands
of H. M. Clarkson and Sussex D. Davis; thence along said
line south to the railroad; thence cast along said road, but
not including it, to the initial point, be and the same is hereby
constituted and made a town corporate, by the name and
style of the town of Haymarket; and by that name the said
town may sue and be sued, and by that name and style have
and exercise the power granted or conferred upon towns by
the fifty-fourth chapter of the Code of Virginia of eighteen
hundred and seventy-three, and also have and exercise all
powers conferred by laws now in force or that may be here-
after enacted for the government of towns containing less
than five thousand inhabitants. This charter shall not
include any farming lands, without the consent of the owner
thereof; but said land owner shall be considered to have
waived all objection unless he lodge complaint with the clerk
of the said corporation before the first day of July, eighteen
hundred and eighty-two.

2. The municipal authorities of said town shall consist of
-one mayor and four councilmen, who shall be chosen annually
by ballot on the first Tuesday in April. Any qualified voter
of the county of Prince William, and residing within the
corporate limits of the town of Haymarket, shall bo entitled
to vote at all elections under this act of incorporation. The
clerk of said council shall bold said election between the
hours of two and six o'clock post meridian, and shall call in
two members of said council to aid him in deciding any con-
test in reference to the right to vote of any individual, and
to witness the counting of the ballots. In case it is impos-
sible to decide the persons elected councilmen by reason of a
tie, the said clerk shall determine, in the presence of two
councilmen of said town, by lot, every case of the kind
arising. A contest between two persons voted for as mayor,
on the ground of each having received the same number of
votes, shall likewise be decided by lot by the said clerk, in
the presence of two councilmen. The said clerk shall imme-
diately thereafter, and after each election, make out and
deliver to the mayor and each councilman a certificate of his
election, and shall administer to said mayor and councilmen
the oaths of office required by the constitution and laws of
Virginia. The term of office of said mayor and councilmen
shall commence on the first day of May succeeding their elec-
tion, and continue for one year and until their successors are
elected and qualified. On the first Monday in May of each
ear the said councilmen, or a majority of them, shall elect
y ballot a clerk and sergeant from among the residents of
the said town; which officers shall hold their terms of office
for one year and until their successors have been elected and
qualified.
_ 3. The said clerk and sergeant shall qualify by taking the
oath of office before the mayor of said town, or other person
authorized to administer oaths, and may be removed from
office by a unanimous vote of the council. All the officers of
the corporation shall serve without compensation, except as
hereinafter provided. The said council shall appoint its own
time of meeting; a quorum to consist of a majority of the
councilmen qualified—in no case, however, to be less than
two to constitute a quorum. Vacancies in the office of clerk
and sergeant from any cause, shall be filled by the council
of said town. The mayor shall be the presiding officer of
the council, but shall have no vote except in caso of a tie.
He shall be ex-officio a justice of the peace of Prince Wil-
liam county, and shall be charged specially with the power
and jurisdiction to enforce the ordinances and by-laws of said
town, and shall receive as compensation therefor the fees
now allowed by law for such service, and no other and fur-
ther compensation whatever. He may call special meetings
of the council by giving notice to each member thereof. The
clerk of said council shall keep a correct record of the pro-
ceedings of the council; shall provide the books and station-
ery ordered by the council; make out a list of all property,
real and personal, within the corporate limits for assessment,
taking as a basis of valuation of the property, both real and
personal, and conforming in every respect thereto, the asses-
sors’ and commissioners’ books in district number one of
Prince William county; and shall issue tickets for the taxes
levied by the council, and shall deliver said tickets to the
sergeant for collection; shall draw warrants on the sergeant
ordered by the council; shall have power to administer any
imprisonment for all persons ordered to be confined or im-
prisoned by the proper authority. The officers of said town,
and the council thereof, shall have all the powers granted to
officers, and to the councils of towns corporate, under ecxist-
ing general laws not inconsistent with this act. The council
shall have the power to fill all vacancies that may occur in
the offices of mayor and councilmen until the next succeed-
ing election, when such vacancies shall be filled by election.
6. This act shall be in force from its passage.

Chap. 184.—An ACT to incorporate the Arcadia Iron Works Com-
pany.

Approved February 15, 1882.

1. Be it enacted by the gencral assembly of Virginia, That
George M. Bartholemew, of Hartford, Connecticut, Edward
Dillon, Henry C. Snyder, John W. Johnston, and Walter N.
Johnston, of Botetourt county, Virginia, their successors and
associates, be and they are hereby constituted a body politic
and corporate, under the name and style of the Arcadia Iron
Works Company.

2. The said company shall be entitled to all the rights anc
privileges, and subject to all the provisions and restrictions
of the yeneral law in regard to chartered companies and cor-
porations, contained in the Code of Virginia, edition of eigh-
teen hundred and seventy-three, chapters fifty-six, fifty-seven,
and sixty-one, except in so far as the same are inconsistent
with this act.

3. The said company shall have the right to buy or sell,
receive, lease, hold, grant, convey, exchange, mortgage, and
use property. real, personal, and mixed, in this state, and
elsewhere in the United States, and to improve its property,
orany part of it, by the erection of furnaces, forges, rolling-
mills, manufactories, and other buildings, and to colonize and
settle its lands, and to lay out the same, or any part thereof,
into towns, with lots, streets, and alleys; but the said com.
pany shall not hold more than fifty thousand acres of land
at any one time.
4. The said company shall have the right to mine iron
and other ores, transport, buy, and sell the same, and to
work the same into sponge, blooms, pig, or bar iron, steel, or
otherwise, and to manufacture iron and other ores in all the
various branches and uses for which they are employed, and
to transport, buy and sell the same, and to work the same
into all the various forms, branches, and uses for which they
may be adapted, and also to develop, work, manufacture,
transport, and buy or sell coal, minerals, chemicals, wood,
timber, marble, slate, rock, grain, cotton, wool, and such
other vegetable, mineral, and animal products, as to the said
company may seem meet.

5. The said company shall have the right to construct,
maintain, equip, and operate, or to assist other corporations
or associations of individuals in constructing, maintaining,
equipping, and operating roads, canals, tramways, or rail-
roads, from their mines or works, or any of them, by the
most practicable routes, to intersect with any railroad, canal,
or water course: provided that no such road, canal, tram-
way, or railroad, shall exceed twenty miles in length; and
the said company may, for the purposes indicated, subscribe
to, purchase, or hold shares in the capital stock of any corpo.
ration or association of individuals formed for building any
such roads, canals, tramways, or railroads; and may further,
for the purpose indicated, make loans to, or guarantee, or
endorse the obligations of any such corporation or association
of individuals. .

6. The said company may contract with other corporations
or individuals for the construction and equipment of any
works, of improvement, whether of a public or private
nature, on such terms as to it may seem mect.

7. The capital stock of said company shall not be more
than one million dollars, and shall not be less than two hun-
dred thousand dollars, and the same shall be divided into
shares of one hundred dollars each. Any three, or more, of
the corporators named in the first section, may act as com-
missioners to receive subscriptions to the capital stock of said
company, at such times and places as they may designate,
giving notice of the opening of books of subscription by
publication, for at least two successive weeks, in some news-
paper published in the county of Botetourt, Virginia, and
otherwise as they see fit.

8. Subscriptions to the capital stock of said company may
be received, payable in money, or payable, in whole or in
part, in bonds and stock of any other corporation or associa-
tion of individuals, lands, mines, mineral rights, metals, tim-
ber, goods, chattels, credits, leases, options, houses, material,
lumber, or labor, at a valuation in each case to be agreed
upon between the acting commissioners, or the company, and
those making the subscriptions. But on all subscriptions
taken by the said acting commissioners, whether payable in
money or otherwise, there shall be paid to them, in casb, at
least two per centum of all amounts subscribed at the time
of making the subscription.

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9. No stockholder in the said company shall ever be held
liable, or made responsible, for its debts and liabilities in a
larger or further sum than the amount of any unpaid balance
due to the said company for stock subscribed for by said
stockholder.

10. The persons first named in this act shall constitute the
first board of directors of the said company, and shall con-
tinue in office until the first meeting of the stockholders
thereof. At such first meeting, and at every annual meeting
thereatter, so many directors shall be elected as may be pre-
scribed by the laws and regulations of said company, who
may be removed by the stockholders in general meeting, but
unless so removed, shall continue in office until their succes-
sors shall be elected and qualified.

11. The board of directors shall be stockholders of said
company. They shall appoint one of their number president,
and may appoint from their number one or more vice-presi-
dents, and may fill any vacancy that may occur in said board,
unless by removal, in which case the same shall be filled by
the stockholders in general meeting. The board of directors
shall appoint (to hold during its pleasure) the subordinate
oficers and agents of the said company, prescribe their com-
pebsations, and take from them bonds with such security as
they may deem fit.

12. The board of directors may establish offices and agen-
cies at such places as they may think proper, but one of the
principal offices of the company shall be located at Buchanan,
in Botetourt county, or some other point within the limits of
the state of Virginia.

13. The first meeting of the stockholders shall be called and
held as prescribed by the eighth section of chapter fifty-seven
tthe Code of Virginia, edition of eighteen hundred and
seventy-three, and thereafter the annual meetings of the
stockholders shall be held at such times and places as may,
rom time to time, be prescribed by the by-laws of the said
~ompany.

14. The said company shall have power to borrow money
n its bonds or other evidences of debt, at a rate of interest
iot exceeding seven per centum per annum, and to secure
he payment thereof by one or more deeds of trust, or mort-
"ages, upon its road or roads, franchises, works, property,
val estate, resources, and incomes or any part thereof.

15. This act shall be in force from its passage.
CaP. 185.—An ACT to repeal the first section of an act entitled an
act for the protection of fish in the waters of the commonwealth,
above tidewater, co far as applicable to the waters that run through
the counties of Floyd, Carroll, and Grayson.

Approved February 15, 1882.

1. Be it enacted by the general assembly, That section
one of an act approved April twenty-ninth, erghteen hundred
and seventy-four, Session Acts eighteen hundred and seventy-
four, for the protection of fish in the waters of the common-
wealth above tidewater, as amended by an act approved
March twenty-one, eighteen hundred and seventy-seven, be
and is hereby repealed so far as it relates to the rivers, creeke,
and branches that are embraced within the boundaries and
jurisdiction of Floyd, Carroll, and Grayson counties.

Z. And so much of the third section of chapter sixty-two,
Code eighteen hundred and seventy-three, as refers to mill-
dams across rivers, crecks, or branches lying within the limits
of Floyd, Grayson, and Carroll counties be and is hereby re-
pealed. - :

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

Chap. 184.—An ACT to provide for working the roads and repairing
the bridges in the county of Botetourt.

Approved February 21, 1882.

1. Be it enacted by the general assembly of Virginia, That
in the county of Botetourt, the public roads and bridges
shall be repaired and kept in order as follows: For each
magisterial district in the county, there is hereby established
a board, consisting of the supervisor of the district, who
shall be chairman thereof, a road commissioner, and a justice
of the peace, who shall be clerk of the board. The said
board shall and is hereby declared to be a body politic and
corporate, under the name and style of the board of road
commissioners for the magisterial district, in the county
of ; and by such name may sue and be sued. The said
board shall have the control of all the roads and bridges
within the district, and disbursing of all taxes imposed for
repairing the roads and bridges, and keeping the same in
order. The said board shall fix the time and place for its
meetings: provided that it shall meet at some central point
in the district, and in the months of June and July of each
year for the purposes named in sections thirteen and fifteen.

f from any cause, either of the members of said board shall
be prevented from attending any meeting thereof, the other
members may, in case of emergency, call in any justice of
the peace for the district, who, with them, shall constitute
the board for the time being, and they shall have all the
power and authority vested by this act in the board of road
commissioners for said district.

2. The road commissioners for each magisterial district
shall, after ascertaining the amount necessary to repair or
build the road, bridges, and so forth, in their respective dis-
tricts, under this law, make such report to the board of
supervisors, whose duty it shall be to make levies on persons
and property for each magisterial district in conformity with
said report.

3. The justice of the peace constituting a member of the
board, shall be designated in writing by the supervisors and
road commissioner, which writing sball be recorded by the
said board in the minute book. A road commissioner for
each magisterial district shall be elected by the qualified
voters of the magisterial district in which he is to serve, as
early as practicable after the passage of this act. He may
at once qualify and enter upon the performance of his duties,

and shall hold office until his successor is elected and quali-
fied. His term of office, after the first election, shall be two
years, and shall commence on the first day of July succeed-
ing his election: provided that the first road commissioner
for each magisterial district shall be appointed by the county
court to serve until his successor is elected and qualified, as
provided in this section.

4. The road precincts shall remain, as now laid out and
described by metes and bounds in the several magisterial
districts, until changed by the board of road commissioners.
The said board shall have power, and it shall be their duty,
to make such changes therein as may be‘proper. The sur-
veyors in charge of said precincts, when this act goes in
effect, shall continue in the performance of their duties until
the overseers hereinafter provided for shall be appointed and
qualified.

3. The said board of road commissioners shall, as soon as
they shall be organized, proceed to appoint overseers of
roads for each precinct established by them, not exceeding
one to every three miles, nor less than one to five miles.
Each overseer so appointed shall execute bond in a penalty
of not less than one hundred dollars, with approved security,
and shall act for at least twelve months, unless sooner
relieved by the board of road commissioners for good reasons
shown to them.

6. The duty of the overseer of roads shall be to see that
the roads in the precinct are kept in good repair; that the
bridges and crossings, for foot passengers are in safe condi-
tion; that the roads are of necessary width, well drained,
and free from obstructions; that all dead trees near the roads
are cut down, and all loose stones removed from the roads;
that neat sign-boards are kept at all forks and crossings of
public roads, plainly indicating the most noted place to which
each road leads, and the distance thereto; and he shall con-
tract for all tools and implements necessary for the working
of roads, subject to the approval of the board of road com-
miasioners, and shall have custody of the same. He shall
perform such other duties as may be prescribed by law.

7. The overseer of roads shall receive a compensation of
one dollar a day for every day he is actually engaged in
working on the roads (less the two days required of him by
law). The overseer of roads shall not, for any other service
rendered by him, receive any further or other compensation,
except for warning in hands, and such commissions a8 may
be allowed him by the board for money collections.

8. The overseer of roads, and the sureties on his official
bond, in addition to their liability for all property, tickets,
and money which may come into his hands as overseer, and
for which he shall fail to account when required, shall be
liable tor any failure or neglect to keep his roads and bridges
in good order, or to perform any other duty required by law.
The amount of such liability may be recovered by the board
by suit in court, or upon the warrant of a justice, as the case
may be.
Duties of road 9. The road commissioners shall have general supervision

fo respette. of all roads and bridges in his district, including bridges

roads built jointly by his county and any adjoining county across
streams which constitute the boundary between such coun-
ties. The overseer of roads in his district shall be under
his authority, and subject to his orders. Upon complaint by
him to the board, that any overseer neglects or refuses to
perform his duties, the board may, if satisfied of the correct-
ness of such complaint, remove said overseer and appoint
another in his place ; and if any overscer shall neglect or
refuse, after notice in writing from the road commissioner, to
perform any duty required of him, it shall be the duty of the
road commissioner to cause the required work to be done.
It shall also be the duty of the road commissioner to superin-
tend the changing of any road, opening of any new road, or
building of any bridge which may be required of him by the
county court. He shall perform such other duties as may be
prescribed by law.

Penalties for 10. If any road commissioner shall neglect or refuse to
neglect or perform the duties required of him by law, he shall be liable,

discharge duty on presentment of a grand jury, to pay a fine of not less
than thirty, nor more than fifty dollars for each offence ; but
if it shall appear to the court that such prosecution was
frivolous and vexatious, the court may, upon acquittal of the
road commissioner, require the prosecutor to pay the costs.
Petition to 11. Each petition to alter, change, or discontinue a public
Shenge a road road, to open a new road, or build a bridge, or establish a
oropena new ferry, must hereafter be first referred to the board of road
Ons to pe the Commissioners for the district to which the petitioners belong,
commissioners who shall endorse thereon their approval or disapproval of
the same, and the reasons therefor. The petition, with said
endorsement, shall then be presented to the board of super-
visors, Who shall likewise endorse, when the petition shall
then be presented to the county court, and there proceeded
with as prescribed by the general statucs in such cases made
and provided; but the board of road commissioners may
order any change in a road which does not involve the con-
demnation of land or payment of damages, as where the land
owner consents.
Costofkeeping 12. When the location of any road now is, or hereafter
a road inorder may be, on a line dividing two magisterial districts, the road
two districts; commissioners of the adjoining districts shall equitably di-
mined vide the expense of said road between such districts; or,
upon their failure to agree, the.county court shall divide the
same, and direct what part of said road shall be kept in
repair by each magisterial district.
Board of road 13. The board of road commissioners, for each magisterial
commissioners district, at its annual meeting in July, shall assess and levy a

levy tax tax upon the property, real and personal, of the district
forin this act: provided that the assessment on property
shall not be more in any one year than seven and a half cents
onthe hundred dollars. The tax levied on each precinct
shall, as far as practicable, be expended therein. Land lying
ly in one district or precinct, and partly in another, shall
assessed in the district or precinct in which the greater
thereof lies.

14. The board of road commissioners shall annually, by
the first day of August, through their clerk, furnish to each
overseer a statement of the taxes assessed against each person
in his precinct, and the aggregate amount of such tax, which
tax the overseer shall collect in money or labor, or partly in
money and partly in labor, as the board may prescribe; and
eo much of said tax as he shall be unable to collect, he shall,
at such time as may be designated by the board, turn over,
with ten per centum added for costs of collection, to the
county treasurer; or, if the board so order, to a constable,
taking his receipt for the same. The treasurer or constable
receiving such tax account, shall proceed to collect the same
as other taxes are collected, and after deducting the commis-
sion of ten per centum above provided, pay over the net
proceeds to the clerk of the board of road commissioners. The
overseer shall expend so much of the money coming into his
hands under the preceding section as may be necessary, in
connection with the labor provided for in the twentieth sec-
tion, to keep his road and bridges in order, and to pay for
tools and implements, and shall pay to the clerk of the board
of road commissioners, on the second Saturday in June of
each year, any surplus remaining in his hands, after deduct-
ing such compensation for himself as shall be allowed by the

rd

15. The board of road commissioners for each magisterial
district, shall fix a schedule of prices for labor, hire of teams,
and other services upon roads in their district: provided that
a day’s work under this act shall be ten hours. The said
board shall annually, on the second Saturday in June, audit
all claims arising under this act, including the accounts of
the commissioner and overseer of roads, which accounts shall
be verified by affidavits. They shall enter all claims allowed
by them in a book to be kept for the purpose, and paid for
out of the fund provided for in section thirteen of this act,
and shall pay said claims out of any moneys in the hands of
the clerk of the board.

16. The clerk of the board of road commissioners shall
qualify and enter into bond, in a penalty of not less than two
handred dollars, before the county court, and with security
to be approved by the court, before the first day of July suc-
ceeding his appointment. It shall be his duty to keep all
papers, books, and records of the board, and to receive and
pay ila all moneys which they may direct, or the law pre-
scribe.

17. Each member of the board of road commissioners shall
recoive one dollar and fifty cents for every day’s service on
the board, or in the performance of any other duty required
of him by law: provided that for services on the board, no
member shall receive more than eight dollars in any year:
and provided further, that the clerk shall, for all other ser-
vices performed by him during the year, receive not more
than twenty dollars additional compensation; and the road
commissioner shall, for all other services performed by him
during the year, receive not more than twenty dollars, except
that for services rendered in Superintending the changing or
opening of roads, or building bridges under order of the
county court, he may receive such additional sum, not exceed-
ing one dollar and ty cents per day, as the board of super-
visors may allow. All claims for compensation under this
section shall be audited by the board of supervisors, who
stall issue their warrants upon the county treasurer for the
sums allowed them.

18. If the board of road commissioners or supervisors shall
neglect or refuse to perform any duty required of them by
this act, the county court may, upon the application of any
party interested, by mandamus, compel said boards, or either
of them, to perform such duty.

19. All male persons in each road precinct, except such as
are exempt by the general road law, shall be appointed by
the board of road commissioners for each magisterial district
for that precinct, and compelled to work two days in each
year on some public road therein, as near as may be to their
homes. The two days here required shall not include any
time such persons may be required to work in changing or
opening a road under the general road law.

20. Every person required to work shall, either in person
or by a sufficient substitute, attend, when required by the
overseer of roads for his precinct, with proper tools, and
work the roads as required in the preceeding section.
Every person failing to so attend, shall, if adult, be liable to
pay an addition road tax of eighty cents for each day he
ails to work; or, if he be a minor, his parent or guardian
shall be so liable, and said tax, if not paid to the overseer in
twenty days thereafter, may be levied for and collected as
other district road, taxes are collected, under the fourteenth
section of this act. Any money so recovered by the over-
seer, shall be expended by him in the repair of his roads and
bridges.

21. The cost of changing roads, opening new roads, and
building bridges, shall hereafter be borne by the respective
districts in which they are located; and when located partly
in one district and partly in another, the cost shall be appor-
tioned equitably between them by the board of supervisors;
but whenever the road to be changed or opened, or the bridge
to be built, is of such public and general importance as to
make it proper that the cost thereof-shall be borne by the
whole county, the board of supervisors may so order. The
board of supervisors shall be authorized to make such addi-
tional levy, or assessment, upon any district or districts, not
exceeding five cents in the hundred dollars worth of prop-
erty, real and personal, in any year, as may be required to
defray the expenses incurred under this section.

22. Such provisions of the general road law of the state as
do not conflict with this act shall continue in force in the
county named herein; and nothing in this act contained shall
be so construed as to interfere with existing contracts for
working of roads in said county.

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

CuaaPp. 185.—An ACT to incorporate the town of Haymarket, in the
county of Prince William.

Approved February 21, 1882.

1. Be it enacted by the general assembly, That all of the
land comprehended in the following boundaries, namely:
beginning at the railroad where the lands of James Smith
and Grayson Tyler join, and running north to the dividing
line between the lands of Thomas A. Smith and O. Witchi-
chen; thence along said line west, to a point on the land of
F. Peters, between his barn and dwelling, on a line with his
fence running south; thence along said fence to Thorough-
fare pike; thence west along said pike, and including the
same, to a point opposite the dividing line between the lands
of H. M. Clarkson and Sussex D. Davis; thence along said
line south to the railroad; thence cast along said road, but
not including it, to the initial point, be and the same is hereby
constituted and made a town corporate, by the name and
style of the town of Haymarket; and by that name the said
town may sue and be sued, and by that name and style have
and exercise the power granted or conferred upon towns by
the fifty-fourth chapter of the Code of Virginia of eighteen
hundred and seventy-three, and also have and exercise all
powers conferred by laws now in force or that may be here-
after enacted for the government of towns containing less
than five thousand inhabitants. This charter shall not
include any farming lands, without the consent of the owner
thereof; but said land owner shall be considered to have
waived all objection unless he lodge complaint with the clerk
of the said corporation before the first day of July, eighteen
hundred and eighty-two.

2. The municipal authorities of said town shall consist of
-one mayor and four councilmen, who shall be chosen annually
by ballot on the first Tuesday in April. Any qualified voter
of the county of Prince William, and residing within the
corporate limits of the town of Haymarket, shall bo entitled
to vote at all elections under this act of incorporation. The
clerk of said council shall bold said election between the
hours of two and six o'clock post meridian, and shall call in
two members of said council to aid him in deciding any con-
test in reference to the right to vote of any individual, and
to witness the counting of the ballots. In case it is impos-
sible to decide the persons elected councilmen by reason of a
tie, the said clerk shall determine, in the presence of two
councilmen of said town, by lot, every case of the kind
arising. A contest between two persons voted for as mayor,
on the ground of each having received the same number of
votes, shall likewise be decided by lot by the said clerk, in
the presence of two councilmen. The said clerk shall imme-
diately thereafter, and after each election, make out and
deliver to the mayor and each councilman a certificate of his
election, and shall administer to said mayor and councilmen
the oaths of office required by the constitution and laws of
Virginia. The term of office of said mayor and councilmen
shall commence on the first day of May succeeding their elec-
tion, and continue for one year and until their successors are
elected and qualified. On the first Monday in May of each
ear the said councilmen, or a majority of them, shall elect
y ballot a clerk and sergeant from among the residents of
the said town; which officers shall hold their terms of office
for one year and until their successors have been elected and
qualified.
_ 3. The said clerk and sergeant shall qualify by taking the
oath of office before the mayor of said town, or other person
authorized to administer oaths, and may be removed from
office by a unanimous vote of the council. All the officers of
the corporation shall serve without compensation, except as
hereinafter provided. The said council shall appoint its own
time of meeting; a quorum to consist of a majority of the
councilmen qualified—in no case, however, to be less than
two to constitute a quorum. Vacancies in the office of clerk
and sergeant from any cause, shall be filled by the council
of said town. The mayor shall be the presiding officer of
the council, but shall have no vote except in caso of a tie.
He shall be ex-officio a justice of the peace of Prince Wil-
liam county, and shall be charged specially with the power
and jurisdiction to enforce the ordinances and by-laws of said
town, and shall receive as compensation therefor the fees
now allowed by law for such service, and no other and fur-
ther compensation whatever. He may call special meetings
of the council by giving notice to each member thereof. The
clerk of said council shall keep a correct record of the pro-
ceedings of the council; shall provide the books and station-
ery ordered by the council; make out a list of all property,
real and personal, within the corporate limits for assessment,
taking as a basis of valuation of the property, both real and
personal, and conforming in every respect thereto, the asses-
sors’ and commissioners’ books in district number one of
Prince William county; and shall issue tickets for the taxes
levied by the council, and shall deliver said tickets to the
sergeant for collection; shall draw warrants on the sergeant
ordered by the council; shall have power to administer any
imprisonment for all persons ordered to be confined or im-
prisoned by the proper authority. The officers of said town,
and the council thereof, shall have all the powers granted to
officers, and to the councils of towns corporate, under ecxist-
ing general laws not inconsistent with this act. The council
shall have the power to fill all vacancies that may occur in
the offices of mayor and councilmen until the next succeed-
ing election, when such vacancies shall be filled by election.
6. This act shall be in force from its passage.