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Acts of the General Assembly of the State of Virginia 1861-1862 |
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| Chap. 48 -- An Act to provide for the Construction of a
Rail Road for military purposes, connecting the Manassas Gap Rail Road,
at or near Strasburg in the county of Shenandoah, with the Winchester &
Potomac Rail Road, at or near Winchester in the county of Frederick |
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Passed February 21, 1862 |
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1. Be it enacted by the general assembly, that the board
of public works be and they are hereby authorized and directed, with
as little delay as practicable, to construct a rail road, to connect
the Manassas gap rail road, at or near the town of Strasburg in the
county of Shenandoah, with the Winchester & Potomac rail road, at or
near the town of Winchester in the county of Frederick: said road to
be constructed in the most economical manner possible, so as to meet
the military exigences of the present war. |
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2. To effect this object, the board of public works are
hereby invested with all the powers and privileges, and subject to
all the duties and restrictions conferred and imposed by the Code of
Virginia on companies incorporated for the construction of rail
roads, except that they may take possession of and use any land or
materials necessary for the construction of such road, previously to
the institution and during the pendency of proceedings to condemn
the same: and they are further authorized and empowered, if
necessary for the construction of said road, to take possession of
and use any rail road iron, cross ties and other materials belonging
to or in the possession of either the Winchester & Potomac rail road
company or the Manassas gap rail road company, which may have, at
any time since the commencement of the present war, been removed by
any parties from the Baltimore & Ohio rail road: provided, the no
rail road iron or other materials shall be taken from the Manassas
gap rail road company which are intended for use in the completion
of its road to Harrisonburg, and none shall be taken from either of
said companies, the taking of which would in the opinion of the
board of public works materially impair the military efficiency of
either of said roads. It shall be the duty of the board of public
works, within thirty days after they shall have taken possession of
any land, rail road iron or other materials for the construction of
such road, to institute proceedings in accordance with the
provisions of the fifty-sixth chapter of the Code of Virginia, to
have the same condemned for the use of the said road; and should
they fail to do so, it shall be lawful for the proprietor or
proprietors of such land, and the owner or owners of such rail road
iron or other materials, to institute such proceedings: and provided
further, that the proper compensation that may be allowed for lands
and materials taken, including said rail road iron, cross ties, &c.,
shall be chargeable on the commonwealth, and paid for, upon the
requisition of the board of public works, out of the fund herein
after provided. |
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3. For the construction of said road, and without
reference to any compensation for lands or materials taken, the sum
of one hundred and twenty-five thousand dollars is hereby
appropriated, out of such funds as may be provided for the defence
of the state, or out of the funds herein after provided. |
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4. To provide funds for the purposes aforesaid, the
governor is hereby authorized to direct the auditor of public
accounts to issue treasury notes to an amount not exceeding in the
aggregate the direct appropriation herein before provided, with the
additional sums which may be required to pay the compensation for
land and materials, as also provided for in this act. The notes
hereby authorized to be issued shall bear interest at the rate of
six per centum per annum, and be payable one year after the date
thereof, in sums not less than twenty dollars. The said notes shall
be receivable in payment of all taxes and other dues to the
commonwealth, and may be re-issued until otherwise provided by law.
They may also, when presented at the treasury in sums of five
hundred dollars, or any multiple of one hundred above that sum, be
converted into registered bonds of the state, bearing interest at
the rate of six per centum per annum. All the provisions of an
ordinance of the late convention of Virginia, entitled an ordinance
to authorize the issue of treasury notes, passed April thirtieth,
eighteen hundred and sixty-one, shall be held to apply to the notes
authorized to be issued under this act, except so far as the same
may be inconsistent therewith. |
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5. When said road shall have been constructed and ready
for use, the board of public works shall transfer the same to the
Manassas gap rail road company, to be operated and held as the
property of said last mentioned company, under the provisions of the
general rail road law, and upon the same footing with their other
road: provided, however, that said company shall have furnished
towards the construction of said road not less than the sum of fifty
thousand dollars, or its equivalent value. Upon such transfer being
made, the capital stock held by the commonwealth in said company
shall be increased by the whole aggregate amount expended on the
part of the state in the construction of said road; to be held by
the state upon the same footing as preferred stock, and subject to
all the provisions in that respect contained in the act passed on
the tenth day of February eighteen hundred and sixty, entitled an
act increasing the capital stock of the Manassas gap rail road
company, and authorizing a further subscription thereto by the board
of public works; and the capital stock of said company is
accordingly hereby enlarged to that extent: and provided further,
that the manner and terms upon which said road shall be operated in
respect to the receipt from and transfer to the Winchester & Potomac
rail road, of either freight, passengers or the mails, shall be
under the control of the board of public works, or such other
authority as may be prescribed by law. |
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6. And in the event that the Manassas gap rail road
company should not comply with the condition to furnish towards the
construction of the said road the sum of fifty thousand dollars, or
its equivalent value, then it shall be the duty of the board of
public works to make such arrangements as may be practicable, either
with the Manassas gap rail road company or the Winchester & Potomac
rail road company, for operating the said road, giving preference in
all cases to the military demand upon it. |
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7. This act shall be in force from and after its passage. |
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