Chap. 412.—An ACT authorizing the sheriff of Campbell coun ty
to serve notices within the city of Lynchburg.

Approved March 3, 1890.

1. Be it enacted by the general assembly of Virginia,
That the sheriff of Campbell county be, and he is hereby,
authorized to serve within the corporate limits of the city
of Lynchburg notices, subpcenas for witnesses, and the
usual legal process now allowed by law, to compel their
attendance at the place to which they may be summoned.

2. This act shall be in force from its passage, and all
acts or parts of acts inconsistent with this act are hereby
repealed.

CuHaP. 413.—An ACT to provide for working and keeping in
repair the county roads of Botetourt county.

Approved March 3, 1890.

1. Be it enacted by the general assembly of Virginia,
That in the county of Botetourt the board of supervisors
shall take charge of and have worked and kept in repair
all public roads and bridges heretofore and hereafter
established within the limits of said county, and for this
purpose the said board are authorized and empowered to
levy a road tax not exceeding fifteen cents on the one hun-
dred dollars’ worth of real estate, personal property of the
county, including railroads and telegraph companies, to
be collected as other taxes are collected.

2. Said board shall have the direction of all labor im-
posed for repairing the roads and bridges, the disburse-
ment of all taxes levied therefor, and shall purchase said
machinery and tools and horses as may be hereinafter
specified.

3. It shall be the duty of the said board at their annual
meeting in July of each year to hire one overseer for each
magisterial district in the county, who shall under the
superintendence of the supervisors of their respective dis-
tricts, take charge of and work the roads in their respec-
tive magisterial districts for the succeeding year. The
said board shall hire two men for each magisterial dis-
trict to work under the guidance and direction of the
overseers, and said overseers shall labor on the roads as
well as direct and superintend the labor of the men placed
under their charge. |

4. The said board shall pay the said overseer a sum not
exceeding four hundred and fifty dollars per annum, and
each of said hands a sum not exceeding one dollar per day
as hereinafter provided.

5. The said board shall take from each of the said over-
seers a bond with good approved security in the sum of
five hundred dollars, conditioned for the faithful perform-
ance of his duties under this act.

6. It shall be the duty of said board to furnish each
of said overseers with two good horses or mules, one good
wagon, and all tools and machinery necessary to keep the
road inrepair; and the said board, through the supervi-
sors of the respective districts, shall purchase the same
and arrange for feeding and caring for the horses: pro-
vided, the said board may, on making purchases under
this act, provide for the payment thereof partly in cash
and partly in payments not exceeding two annual instal-
ments.

7. It shall be the duty of the supervisors of each magis-
terial district to direct the work to be done on the roads
in his district, and see that the overseer in his district
properly discharges his duties. At least once a year the
supervisors of each district in said county shall examine
all the roads in his said district, and ascertain the condi-
tion of each road,and determine what work will be needed
on said roads and bridges in his district to put them. in
proper order. He shall see that all roads in his district
are the proper width, and in all cases where they are not
he shall notify the person trespassing by written notice,
and if obstructions are not removed within thirty days
he will direct the overseer of said district to remove the
same, and may recover the expenses, with costs, from the
trespasser, upon judgment of a justice of the peace; and
for his services, under this section, each supervisor shall
receive two dollars per day for every day actually engaged
thereunder.

8. It shall be the duty of the supervisors of each of the
magisterial districts in the county to discharge any over-
seer of his district, or any hired employee, under this act,
for inefficiency or neglect of duty, and the said supervisors
shall have power to hire other overseers or hands to fill
the vacancy caused by said discharge, and may fil] vacan-
cies, from whatever cause they may be created.
°9. All male persons in said county between the ages of
eighteen and fifty-five years of age shall be compelled to
work three days in each year on some public road in said
county, with the following exceptions: Ministers of the
gospel, persons who reside in a town that keeps its streets
in order, any person who has lost an arm or leg; any other
person who is otherwise disabled may be exempted by
applying to the supervisors of the magisterial district in
which the said applicant resides for release from road
duty. °
10. Eleven hours of actual labor on the road shall con-
stitute a day’s work from the fifteenth day of April to the
fifteenth day of October, and from the fifteenth day of
October to April fifteenth, nine hours of actual work
on the road shall constitute a day’s work, and it shall
be the duty of the overseer to keep a time book and note
therein the time each hand works, and shall credit each
hand by the time actually at work,

11. Every person required to work shall either in person
or by a sufficient substitute attend when required by the
overseer of roads, with proper tools, and work the road as
required in the preceding section. Every person failing
to attend shall, if an adult, be liable toa fine of one dollar
for each day he fails to work, or in proportion for any frac-
tional part of a day that he may fail to work (if a minor
the parent or guardian shall be so liable) to the overseer
within thirty days thereafter. All fines so collected shall
be accounted for and paid to the supervisor of the district
who shall use the same for the hire of labor on the roads
of his district. It shal] also be the duty of the overseer
to report the names of all persons who fail to obey his |
summons and work as required, and who have not paid
their fines, to the supervisor of his district, and the said
supervisor shall make out a ticket for the amount of said
fines and ten per centum thereon for costs against each de-
linquent party so returned to him, and place the same in
the hands of a constable of the district or sheriff of the
county, taking receipts therefor; and the said officers shall
proceed to collect the same as other fines are collected:
provided, however, said delinquent may, after notice to
said supervisor, apply to the county court or judge thereof,
in vacation, and for good cause shown have said fine re-
mitted: and provided, further, that such delinquent may
before said ticket goes into the hands of the constable or
sheriff, discharge said fine by labor on some road within
his magisterial district, said labor to be performed under
the direction of said overseer. All of the said officers shall
annually in July settle with the board of supervisors for
all fines so collected, and shall also return all of the tickets
uncollected to the clerk of the board of supervisors. The
fines so collected shall be turned over to the treasurer of
the county, who shall credit the same to the road fund:
but all fines so collected by the treasurer or other officer
shall be expended in the district where collected.

12. It shall be the duty of said overseer to take charge
of, care for, and work the teams and implements herein-
before provided, also to direct and control the hands here-
inbefore provided. He shall also summons all parties
liable under this act to work the roads to work some road
in his district at some point not exceeding five miles from
the residence of each hand, and shall direct said hands
while so engaged, and to see that the roads in their respec-
tive districts are kept in good repair; that the bridges and
crossings for foot passengers are in safe condition; that
the roads are of necessary width, well drained, and free
from obstructions, and that all dead trees near the road
are cut down, and all loose stones removed from the road,
and neat sign-boards are kept at all forks and crossings of
public roads indicating the most noted place to which
each road leads and the distance thereto, and shall be
governed by the directions of the supervisors of their
respective districts.

13. Whenever in the opinion of the supervisors of a dis-
trict it is necessary, or whenever a citizen desires to alter,
change, or discontinue a public road, build a bridge, or
establish a ferry or landing, such person shall apply to the
county court for the same. The county court shall direct
the supérvisors of the district in which the change is pro-
posed to be made to view the ground of any new road,
bridge, landing or ferry, or any proposed change; the
county surveyor, or some other competent surveyor, shall
accompany said supervisor, and if necessary survey and
map the road. The supervisor shall give notice of the
time of viewing the same by written or printed notices
posted in the vicinity of proposed road at least five days
before the time of viewing the same. The supervisor shall
on the day named proceed to examine the same. If he
decides there is a necessity for a change of a road, or of
a road, bridge, landing, or ferry, locate the same. In the
case of a new road or a change of a road, shall have respect
for the shortest route and best ground, so as to do the
least injury to private property, and also as far as practi-
cable to be agreeable to the petitioners. He shall assess
the damages done to the Jand through which the road
passes, taking into consideration the advantages to be de-
rived by the road passing through the land, and shal!
report in writing to the next term of the court the prob-
able amount of damages, cost of construction, and such
facts as will enable the court to determine the propriety
of opening said road. On opening a new road the court
may require the beneficiary and the county respectively to
pay such part of the damages, expense of construction and
cost, as to the court may seem right upon the return of the
report of the supervisors, the owner, the guardian or com-
mittee, if within the county, if not the occupant of the
land on which the road, bridge, landing, or ferry will be,
if established, shall be summoned to show cause against said
report; and any proprietor or tenant of land on which
said road will be, if established, may enter himself a party
defendant to said petition, after which the same proceed-
ings may be had as under the general road law of the
state. If, however, good cause be shown against the report
of the supervisors, the court may direct the supervisors to
review the said ground, or may appoint one or more com-
missioners with instructions to report the damages, costs
of construction of said road, or alteration of road, bridge,
ferry, or landing, and report the same to court.

14. The court, if satisfied that the public interest will
be subserved by opening the road, bridge, Janding or ferry,
or by making the proposed change, shall approve the re-
port or the damage to be paid, as determined under the
preceding section, and shall cause the clerk to deliver a
copy of the order establishing, changing or altering the
road, or establishing a bridge, landing or ferry, to the super-
visors of the district in which the said road, bridge, land-
ing or ferry is located.

15. If the court decides against the application to alter,
change or close a road, establish a bridge, landing or ferry,
it may require the cost to be paid by the petitioners as the
county court may deem just.

16. The supervisors shall be paid two dollars per day
for their services in viewing the grounds for changing or
establishing roads, establishing bridges, landings or fer-
ries. and the surveyor two dollars and fifty cents per day.

17. The supervisors receiving the said order of the
county court shall direct the overseer in his district to
alter, close or open the said road or build the said bridge.

18. The supervisors of each magisterial district may
change any road in his district which does not involve the
condemnation of land or payment of damages, as where
the Jand owner consents.

19. At their annual meeting in July of each year, the
board of supervisors shall audit all claims against the road
fund of the county, including ,the accounts of the super-
visors of the several districts, which account shall be veri-
fied by affidavit; and the said board shall draw their war-
rants, signed as other county warrants are signed, upon
the treasurer of the county, who shall pay the same out of
the treasury; said board shall have power at any other
meeting, legally held by them, to audit claims against the
road fund and draw their warrants, as above designated,
for the payment thereof, and no money shall be paid out
of said road fund except on the warrant of the board of
supervisors; the said board shall not draw warrants for
a greater amount than is in the treasurer’s hands when
the warrants are drawn. At the said meeting in July the
said board shall determine what amount, in their judg-
ment, will be necessary to open new roads, and work and
keep in repair the public roads for the ensuing year: pro-
vided, when the cost of altering or changing a road, or
opening a new road to be in their judgment too burden-
some to be paid for in one year, they may in their discre-
tion provide for the same, not exceeding three annual in-
stalments. The said board shall, at their annual meeting
in July, levy a road tax to meet the amount so ascertained,
not exceeding the limit designated in section one of this
act, and the levy shall be upon the property designated
in said section; and provided, in addition, the board of
supervisors shall provide, out of the general county levy,
for building and keeping in repair all bridges which cost
the sum of two hundred dollars or over, and for altering
and changing roads, or for opening new roads which cost
the sum of three hundred and fifty dollars or over; and
the hoard of supervisors shall keep an accurate account of
ajl proceedings under this act in a well bound book pre-
pared for the purpose; and all taxes collected for road
purposes shal] be expended within the magisterial district
where collected.

20. The clerk of the county court shall be the clerk of
the board under this. act, and shall receive for his services
thereunder the sum of thirty dollars, to be paid out of the
general county levy.

21. It shall be the duty of the attorney for the common-
wealth to represent the board of supervisors in all matters
affecting the public roads in the courts of record of the
county.

22. The county treasurer shall annually, at the July
meeting of the board of supervisors, settle and adjust be-
fore said board the accounts with the road fund. The said
board shall charge him with the full amount of the road
tax levied, and for the amount collected in fines and from
all other sources, and credit him by his commissions, de-
linquents and all payments made by him, for which he
has the proper vouchers.

23. The general road law of the state, except so far as is
in conflict with this act, shall be in force in Botetourt
county, and all special road laws for the county of Bote-
tourt, heretofore in force, are hereby repealed; but the
overseers and road commissioners now in office shall con-
tinue to perform the duties of their office and be responsi-
ble for the condition of the roads in their respective dis-
tricts until the annual meeting of the board of supervisors
in July, eighteen hundred and ninety.

24. This act shall be in force from July the first, eigh-
teen hundred and ninety.

CuHap 414.—An ACT to incorporate the Abingdon Improvement
company.

Approved March 8, 1890.

1. Be it enacted by the general assembly of Virginia,
That T. P. Trigg, W. G. G. Lowry, George E. Penn, G. T.
Litchfield, George W. Palmer, Wyndham Robertson,
Thomas W. White, A. McBradley, and James L. White,
or such of them as may accept the provisions of this act,
their associates and successors, be, and they are hereby,
incorporated and made a body politic and corporate under
the name and style of the Virginia land company, and by
that name shal] be known in law and shall have perpetual
succession, and have power to sue and be sued, plead and
be impleaded, defend and be defended in all courts,
whether in law or in equity, and may make and have a
common seal and alter and renew the same at pleasure,
and shall have, enjoy, and exercise all the rights, powers,
and privileges pertaining to corporate bodies and neces-
sary for the purposes of this act, and may make by-laws,
rules, and regulations consistent with the existing laws of
the state for the government of all under its authority,
the management of its estates and properties, and the due
and orderly conduct of its affairs.

2. The capital stock of the said company shall not be
less than one hundred thousand dollars, and may, with
the consent of a majority of its stockholders, be increased
from time to time to any additional amount requisite for
its operations by the issue or sale of shares, the par value
of which shall not bb less than fifty dollars, from time to
time, upon such terms and conditions, under such regula-
tions, and such part of its capital stock to be preferred
and such part common, as the board of directors of said
company shall prescribe; and the directors may receive
land, materials, services, or other valuable thing in pay-
ment for subscriptions to or purchases of the capital
stock, at such valuation or price and on such terms and
conditions as may be agreed upon, and at, above, or below
the par thereof; and the stock of the company so issued
shall for all purposes be treated as paid for at par money,
without any liability whatever thereon or upon the hold-
ers thereof to pay any calls or assessment on account
thereof, except as may be agreed; and common shares, en-
titling the holder thereof only to a share in the net profits
of the company to be earned after the payment of fixed
charges and dividends on the preferred shares, and not
liable to any calls or assessments whatever, may be so
created and issued.

3. The said company is authorized and empowered to
make advances or loans of money on real or personal estate
or any other kind of property or security ; to purchase, hold
and convey the obligations, mortgages and securities, ne-
gotiable or otherwise, of corporations, associations and in-
dividuals; to purchase, hold and convey lands, (not ex-
cecding, however, ten thousand (10,000) acres in fee simple
In any one county) and interests in lands in this state or
elsewhere; to till, mine and quarry, and construct, lease,
and sell dwellings, stores, and other buildings, and other-
Wise use, operate, develop, and improve lands and inter-
ests in lands; anid generally to conduct the business of an
Investment company, with the power to said company to
purchase, hold, use, sell, mortgage and dispose of property
of any kind suited to the business of the said company,
and to borrow money, issue and sell its bonds or obliga-
tions, negotiable paper, and secure the same by pledge or
mortgage or deed of trust of all or any part of its property.

4, The persons first named in this act, or such of them
as shall accept the provisions hereof, shall constitute the
first board of directors of the said company, and shall
continue in office until the first meeting of the stockhold-
ers thereof. At such first meeting, and at every annual
meeting, so many directors shall be elected as may be
prescribed by the by-laws and regulations of said com-
pany, who may be removed by the stockholders in general
meeting; but, unless so removed, shall continue in office
until their successors shall be elected and qualified. Each
stockholder in the company shall, at all meetings or elec-
tions thereafter, be entitled to one vote for each share of
stock registered in his name.

The board of directors shall be stockholders of said
company. They shall appoint one of their number presi-
dent, 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. Whenever
the minimum amount of capital stock herein named shall
have been subscribed, and the board of directors shall
have elected a president, s said company shall be considered
legally organized, and may proceed to the transaction of
business. The board shall appoint to hold during its
pleasure the subordinate officers and agents of the said
company, prescribe their compensations, and take from
them such bonds, with security, as they may deem fit.
Stockholders not exceeding three in number, elected or
appointed in such manner and for such terms as the by-
laws may prescribe, and to receive such compensation for
their services as may be agreed upon, may act with the
officers and directors as an advisory committee or man-
agers, and may, as such committee or managers, be made
ex-officio members of the board of directors.

6. The board of directors may establish offices and agen-
cies at such places as they may deem proper, but the prin-
cipal office of the company shall! be located at some point
within the limits of the state of Virginia.

7. The annual meeting of the stockholders of the said
company shall be held at such time and place in the state
of Virginia as the by-laws of the company or the stock-
holders may, by resolution adopted at any annual meeting
to take effect at the next annual meeting, prescribe. A
general meeting of the stockholders of said company may
be held at any time, as provided for by the eleven hundred
and fourteenth section of chapter fifty-seven of the code of
Virginia, edition of eighteen hundred and eighty-seven.

8. The said company shall issue certificates of stock in
said company in shares of not less than fifty dollars each,
signed by the president and countersigned by the secretary
of said company. The said certificates shall be transfer-
able only upon the books of the company by the said sub-
scribers, their personal representatives or duly authorized
agent or attorney; and the said certificate, when so trans-
ferred as aforesaid, may be returned to the said company
and cancelled, and new certificates of stock shall be issued
in lieu thereof to the persons entitled thereto for a like
number of shares.

9. It shall be lawful for said company to issue and sell

its bonds from time to time for such sums and on such
terms as its board of directors may deem expedient and
proper in the prosecution of its business, and may secure
the payment of said bonds by mortgage or deeds of trust
upon al] or any portion of its property and franchises, in-
cluding its franchises to be a corporation; and it shall be
lawful for said company to subscribe for and hold the
shares of stock and bonds of any corporation or associa-
tion of this state or elsewhere, and for any corporation or
association of this state or elsewhere to guarantee or hold
the shares of stock or bonds of the said company.
- 10. No stockholder in said company shall be held liable
or made responsible for its debts or liabilities in a larger
or further sum than the amount of any unpaid balance
due tothe said company for stock subscribed for or pur-
chased by said stockholder according to the terms of his
subscription or purchase.

11. All taxes and debts due or to become due the state
of Virginia by the company shall be paid in lawful money
of the United States and not in coupons.
12. This act shall be in force from its passage, but tne
general assembly of the state of Virginia reserves the
right to modify, alter or repeal this act at any time here-
after.

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