Chap. 173.—An ACT to incorporate the Middletown and Capon
Springs turnpike company.

Approved February 23, 1888.

1, Be it enacted by the general assembly of Virginia, That
for the purpose of constructing a turnpike road from Middle-
town, in the county of Frederick, in the direction of Marl-
borough, in said county, and thence to a point at or near the
intersection of the Moorefield and Winchester grade with the
Capon Springs grade, with the right to build said turnpike;
also from Middletown, as aforesaid, by the most practicable
route, to a point at or near Smith’s mill, in said county of
Frederick, or to any other desirable point beyond Smith’s
mill, and thence to Snarr’s store, in the county of Shenan-
doah, or to any other more desirable point on the Capon
Springs grade, in said Shenandoah county, it shall be law-
ful to open books for deceiving subscriptions to amamount

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not to exceed ten thousand dollars, divided into shares of
twenty-five dollars each, to constitute a joint stock capital.
The said books shall be opened under the direction of John
M. Miller, William H. Dinges, Thomas Cover, W. H. Sales, C.
W. Perry, A. Timberlake, William Davison, George B. Wright,
C. B. Guyer, Thomas Moslin and Charles EH. Miller, or any
others whom a majority of the foregoing may associate with
them, or any three of them, or any person or persons that
may be appointed by them, and at such time or times, place
or-places, as any five of the above named persons may ap-
point. .

2. When one-tenth of the capital stock shall have been
subscribed, the subscribers shall be and are hereby incorpo-
rated into a company by the name and style of the Middle-
ton and Capon Springs turnpike company, who may elect a
president, board of directors, and such other officers as they
may deem necessary, and may pass any by-laws, rules or re-
gulations, not in conflict with the constitution and laws of
this state or ot the United States, for their government. The
said company is hereby clothed with all powers and franchises
conferred on turnpike companies in this state, and they shall
not be required to make a summer or side road, nor to cover
the said road with stone or gravel; that the said road shall
be cleared not less than thirty feet wide and constructed not
less than twenty feet wide; that the grade of said road
not exceed the limits costomary on other tollable roads in the
state; and the said company is also hereby vested with full
power and authority to acquire by gift, purchase, or by con-
demnation, according to law, so much land or material as may
be necessary for construction of said road. Furthermore,
they shall, in addition to the privileges herein conferred, be
and are hereby authorized to erect gates and charge toll, ac-
cording to law, so soon as a section of five miles shall be com-
pleted.

3. Parts of any public roads which may lie along the pre-
scribed route of said turnpike, may be taken and used by the
said company to construct their road thereon.

4. The said turnpike road shall be commenced within two
years from the passage of this act, and shall be completed
within ten years from the organization of the company.

5. The said Middletown and Capon Springs turnpike com-
pany is hereby authorized and empowered, after one-tenth of
its capital stock has been subscribed and expended on said
road, to issue and negotiate bonds to the amount of one hun-
dred dollars each, payable in ten years, for the purpose of
obtaining money to build bridges, toll-gates, toll-houses, and
macadamizing said road, and making such other improve-
ments as the board of directors may deem proper, providing
the said bonds shall not be issued for an amount to exceed
three-fourths of the cost of such proposed improvements.
The interest on said bonds to be payable semi-annually, and
not to exceed the rate prescribed by law; the principal and
interest to be secured by deed of trust on the said turnpike

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road, the improvements for which such a loan has been ob-
tained, all the appurtenances and franchise of said company.
9. This act shall be in force from its passage.