Chap. 159.—An ACT to relieve the Baltimore, Cincinnati, and Western
railway company from any forfeiture which may have accrued from
failure to commence and complete its road within the time limited
in its act of incorporation, and to reinvest the said company with
all the powers, privileges, and franchises granted by said act ap-
paved March 8, 1880, entitled an act to incorporate the Baltimore,

incinnati, and Western railway company, and for other purposes.

Approved February 18, 1888.

1, Be it enacted by the general assembly of Virginia, as
follows: Whereas the general assembly of Virginia passed
an act approved March eight, eighteen hundred and eighty,
entitled an act to incorporate the Baltimore, Cincinnati, and
Western railway company, in the following words and fig-
ures, to-wit:

§1. Be it enacted by the general assembly of Virginia, That
William 8. Carroll, Telfair Marriott, and Edward D. McConky
of the city of Baltimore, in the state of Maryland; John A.
Shank, William H. Shoenberger, Thomas L. Young, and
Charles E. Ertz, of the city of Cincinnati, in the state of Ohio,
or any five of them, their associates, successors, and assigns,
be and they are hereby made and declared a body politic.and
corporate, by the name and style of the Baltimore, Cincin-
nati, and Western railway company, for the purpose of con-
structing, equipping, maintaining, and operating a railroad
between the city of Baltimore, in the state of Maryland, and
the city of Cincinnati, in the state of Ohio, passing through
the state of Virginia, through or near the counties of Lou-
doun, Fairfax, Fauquier, Clarke, Warren, Shenandoah, Rock-
ingham, and Highland, or either of them, and through the
county of Frederick by way of Winchester, by such route
ag may be most advantageous and expedient. Said company
shall have perpetual succession and a common seal, which it
may renew or alter at pleasure, and may sue and be sued,
plead and be impleaded, contract and be contracted with, and
make ordinances, by-laws, and regulations not inconsistent
with the provisions of this act, the laws of this state, or of
the United States, for the government of its officers and
agents, and the proper conduct of its affairs.

§2. The capital stock of the company in the state of Vir-
ginia shall be one million dollars, and all the shares issued by
said company may be of the par value of fifty dollars each,
or all of the par value of one hundred dollars each. In case
the capital stock of said company shall be found insufficient
for constructing and operating its railroad, said company
may, with the concurrence of two-thirds in value of all its
stock, increase its capital stock from time to time to an
amount necessary for the purpose aforesaid; such increase to
be made at a regular meeting or a meeting called for the
purpose at such place or places, and upon such notice as may

@ necessary and proper, in order that two-thirds in value of
all the stock shall be represented at such meeting.
§3. The said company may receive subscriptions to its capi-
tal stock in cash, land, labor, or materials, at such valuation
as may be agreed upon between said company and the sub-
scriber, and may make such subscriptions, payable in such
manner and in such amounts, and at such time or times as
may be agreed upon between said company and the sub.
scriber. And it shall be lawful for said company to receive
and hold the title to all lands so acquired, or which it may
purchase or acquire by voluntary grant, and to possess,
occupy, manage, improve, and develop the same as fully asa
natural person could lawfully do, or to sell, lease, and convey
at pleasure, or mortgage or encumber its said lands, upon
such terms and for such objects as the interests and business
of the said company may require: provided that said com-
pany shall not hold lands not needed for the purposes of its
railway for a longer period than thirty years.

§ 4. Said company shall be and is hereby authorized and
empowered to survey, locate, and construct, equip, maintain,
and operate a line of railway of standard gauge, that is to
say, not less than four feet eight inches, or four feet eight and
one-half inches in width; with a single or double track from the
line of the state of Virginia, at any point north of the city of
Alexandria, through or near the counties named in the pre-
amble of this act or any of them, and the city of Winchester
and county of Frederick to any point or points in any of the
countics mentioned, bordering on the state of West Virginia;
and to that end the said company is invested with all the
powers conferred by the general laws of this state, and sub-
ject to all the restrictions of the same relating to railway com-
panies not inconsistent with this act.

§5. Said company shall have power to borrow money to
such an amount as it may deem proper, after its whole capi-
tal stock has been subscribed, and to issue for any loan, deben-
tures or bonds of the company, bearing interest at such rate
per annum as the company may determine, (said debentures
or bonds may be expressed in dollars or in pound sterling, or
in funds); and to secure the payment of such loan or loans,
principal and interest, said company may execute one or
more mortgages or deeds of trust on the whole or any part
of its property, real, personal, and mixed, its charter rights,
franchises, and income.

§6. It shall be lawful for said company to construct, equip,
and maintain lateral or branch roads or tramways, of any
gauge whatever, not exceeding fifty miles each in length,
which shall have all the rights and powers, and be subject to
the same restrictions as the main line.

§7. Said company may merge and consolidate with, lease or
be leased by, for a term of years, any connecting railroad or
line of railroad: provided however, that no such merger, con-
solidation, or lease shall be entered into, take effect or prevail,
until it is so authorized by a vote of the holders of at least
two-thirds of the capital stock of said Baltimore, Cincinnati,
and Western railway company; and in the event of any

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merger or consolidation being effected as herein provided, the
capital stock of said company may consist of the amount ot
its own stock, together with the amount of the capital stock
of the railroads merged or consolidated with.

§8. Thecorporators herein mentioned, shall have the powers
and authority of a president and board of directors for the
purpose of organization of said company and for all other
purposes, until a president and board of directors shall be
elected at a stockholder’s meeting, and such meeting shall be
held upon such notice as the said corporators may deem
proper when one-half of the capital stock of said company
shall have been subscribed. The said corporators may ele¢t
one of their number chairman, who shall have the power and
authority of president of said company, and in all matters a
majority of said corporators shall control: provided, that this
charter shall not confer authority to build a railroad or
branch thereof between the cities of Washington and George-
town, in the District of Columbia, or either of them, and the
city of Alexandria, Virginia.

§9. The said company shall be required to commence the
construction of said road in this state within one year from
the passage of this act, and complete the same within five
years thereafter, otherwise the powers, privileges, and fran-
chises hereby granted shall be ipso facto void.

$10. Said company shall have the power to cross at grade,
over or under, intersect, join, or unite its railroad with any
other railroad now built or constructed, or hereafter to be
built and constructed within this state, at any point on its
route and upon the grounds of such railroad company, with
the necessary turnouts, sidings, and switches, and other con-
veniences in furtherance of the objects of its connections.
Allacts and parts of acts in conflict with the provisions of
this section are hereby repealed.

§11. Said company shall pro rate with all connecting rail-
way companies, and should it discriminate in its freight or
passenger rates, through or local, against any citizen or com-
munity in this state, then, upon the ascertainment of such
discrimination, this charter shall be void. The fact of such
discrimination may be ascertained by means of information
to be filed by the attorney for the commonwealth in any
county through or in which the line of railway of said com-
pany may be located, upon the application of any person
claiming under oath, to have been aggrieved by said company.

$12. This act shall be in force from its passage.

1. Now be it enacted by the general assembly of Virginia,
That the said company be and is hereby relieved of any for-
feiture which may have accrued from failure to commence
and complete the construction of its road as required by sec-
tion nine of the before recited act, and that sections one, two,
three, four, five, six, seven, eight, ten, eleven, and twelve of
the said act, be and the same, as the same are herein above
recited and set forth, are hereby revived, re-enacted, and
continued in full force and effect, and that the said company
be and is hereby reinvested with all the powers, privileges,
and franchises granted by the said act, with the same effect
as though the said ninth section thereof had never been
enacted. And all acts and things heretofore legally done
under the said act, are hereby confirmed and declared valid:
provided, that the said railroad shall not acquire the exclu-
sive right to the occupancy of any mountain pass or valley of
any water course, where it is practicable to construct more
than one road.

2. Section nine of the said act is hereby amended and
re-enacted so as to read as follows:

§ 9. The said company shall be required to commence the
construction of said road in this state within one year from
the first day of July, eighteen hundred and eighty-eight, and
to complete the same within two years thereafter, otherwise
the powers, privileges, and franchises granted by this act and
by the said act approved March eight, eighteen hundred and
eighty, shall be ipso facto void.

3. All taxes, dues, and demands due or to become due
by this company to the state of Virginia, shall be paid in
lawful currency of the United States and not in coupons.

4, This act shall be in force from its passage.