Chap. 67.—An ACT to incorporate the Virginia, Kentucky, and Ohio
Railroad Company.

‘ Approved February 20, 1878.

1. Be it enacted by the general assembly of Virginia, That
General G. C. Wharton, of Montgomery; J. Hoge Tyler, of
Pulaski; William Bane and Samuel Shannon, of Giles; John
H. Hoge, John A. Davidson, and J. M. French, of Bland;
William HE. Peery, Thomas J. Higginbotham, Thomas M.
Scott, of Tazewell; W. S. Ratcliff, Samuel L. Graham, of
Buchanan; H.C. Bruce, J. P. Chace, of Wise; Legrand Sex-
ton, Israel H. Buchanan, Dr. KE. B. Ward, J. A. Gollahou, of
Smyth; Em. D. Ludwig, of Bland; and C. R. Boyd, of Wythe,
or such of them as may accept the provisions of this act,
and such persons or corporators as may become associated
with them, in the manner hereinafter provided, shall be and
they are hereby constituted a body politic, and incorporated,
by the name of The Virginia, Kentucky and Obio Narrow-
Gauge Railroad Company, and by that name shall bave all
the powers, rights and franchises necessary and proper to
locate, construct and equip and maintain a railroad, to be
known as the Virginia, Kentucky and Ohio Railroad, to be-
gin at or near New river bridge, on the Atlantic, Mississippi
and Ohio railroad, in the county of Pulaski, and to run
thence by the most practicable route through the counties of
Pulaski and Giles, by the way of the gap in Walker’s moun-
tain at Shannon's; thence up the valley of Walker's big
creek, by the most practicable route to the gap in Brushy
mountain, at J. R. Compton’s; thence by the most practi-
cable route to what is known as the Rocky gap, in Bland
county; thence by the most practicable route through Taze-
well, passing at or near Jeffersonville, on to the mouth of
Indian creek in Tazewell county; thence by the most prac-
ticable route through Buchanan county to the Kentucky
line. The said railroad company shall bave the power to
build a branch road, commencing at or near the mouth of
Indian creek, thence through the counties of Russell and
Wise to the Pound gap; also, the said company shall have
power to build a branch road, starting at or near the Brick
church on Kimberling creek, just below the gap in Brushy
mountain, by the most practicable route through the coun-
ties of Bland and Smyth, by the way of tho plaster banks
to the salt works, F0 as to reach any mines, lands, works or
manufacturies owned or operated by said companies.

2. The capital stock of said company shall not exceed the
sum of four million dollars, to be divided into shares of not
less than fifty dollars each; and whenever five hundred
shares shall have been subscribed, and two per centum paid
in by persons or corporations other than internal improve-
ment companies, under the directious of any three of the
incorporators hereinbefore named, the subscribers or stock-
holders, in person or by proxy, may organize the company
by electing a president and board of directors, and by elect-
ing or appointing such other officers as may be necessary for
the management of said company’s affairs, and thereupon
they shall have and exercise all the general powers and
functions of a corporation, and be subject to all the restric-
tions imposed by the laws of the state applicable to internal
improvement companies, except so far as the same may be
changed or modified by this act.

3. The board of directors shall have the power to issue
bonds in sich sums not less than one hundred each, and bear-
ing interest not exceeding cight per centum, payable princi-
pal and interest, at such times and places and in such man-
ner as may be deemed most advantageous to said company,
and may secure the same by one or more mortgages on the
road, franchises, incomes, and the real and personal property
of the company, or such parts thereof as may be designated
in the mortgage or mortgages.

4. That it shall be lawful for the said company to acquire,
in subscriptions, to the capital stock of said company or by
donations or otherwise, lands, minerals, property, materials
or labor, and to receive subscriptions from other companies,
associations or corporations, and to make such arrangements
as shall be mutually agreed upon by the respective boards
of directors, such companies, associations and incorporations
for the endorsement or sale of stock or exchange, and bonds
s0 a8 to increase facilities for a speedy completion of said
road, and the said company may sell, lease or otherwise dis-
pose ‘of any lands or properties acquired under this section,
at their pleasure.

5. The said company shall allow any railroad already
built or which may be built hereafter, to connect with its
road; and the said company shall have the right to connect
with, and to cross either at or under or above grade of any
railroad now or hereafter to be constructed in the vicinity
of the route, and no discrimination shall be made in the char-
ges of said company against the trade and travel of any con-
necting work, but it sball jointly, with such connecting com-
pany or corporation, make suitable arrangements for the
convenient transfer of freights from one road to the other,
and the gauge permitting for a free interchange of freight
cars upon reasonable terms, and no discrimination shall be
made in the charges of any connecting work against the
trade and travel of said company, and if the connecting com-
panies shall not be able to agree upon terms as to such con-
nections and transfer of cars and freights, and as to arrange-
ments for a fair prorating of charges, the question shall ‘be
referred to the board of public works, and its decision shall
be binding upon the parties.

6. That any county, along the line of said road or of any
connecting road, is hereby authorized in the manner prescri-
bed by law, to subscribe to the capital stock of said road; and
to this end, it shall be the duty of the county court of said
county to cause a vote to be taken in the manner prescribed
by law, at such times as the president.of the Virginia, Ken-
tucky, and Obio narrow gauge railroad company may ask,
and to issue bonds in such forms, running such length of
time, and carrying such rates of interest, payable at such
periods and places as the county court of said county may
determine, and to guarantee the payment of such bonds:
provided that the bonds issued by any of the said counties
shall not be sold or hypothecated by the said company until
the consent of the supervisors of said county or counties to
such sale or hypothecation shall have been obtained, and
entered of record in the office of the board of supervisors of
such of said counties as may subscribe to said company.

7. The said company is required to commence work on
said road in two years from the time the company is organ-
ized, and to complete said road in ten years.
8. The leyvislature reserves the right to regulate and con-
trol the fare and freight charges which the said company
may adopt.

9. This act shall be ia force from its passage.