Chap. 126.—An ACT to incorporate the Citizens Rapid Transit Company.
Approved March 10, 1902.

1. Be it enacted by the general assembly of Virginia, That II. A. Car-
caud, W. F. Jenkins, 8. L. Kelley, John C. Hagan, and Phil. B. Shield,
and such other persons as may hereafter be associated with them, their
successors and assigns, be, and they are hereby, created and constituted a
body politic and corporate, to be known by the name of the Citizens
Rapid Transit Company, and by such name shall have perpetual suc-
cession, may contract and be contracted with, sue and be sued, plead and
be impleaded, and may have, make, and use a common seal, and the same
break, alter, and renew or change at pleasure, and make, ordain, estab-
lish, alter, or amend such by-laws, ordinances, and regulations concerning
all matters of organization and business not herein specifically provided
for as they may think proper, and, generally, may do every act and thing
necessary to carry this act into effect or promote the objects and designs
of the corporation, provided such by-laws, ordinances, and regulations
or acts be not inconsistent with the laws of this State or of the United
States.

2. The capital stock of said company shall be not less than fifty thou-
sand dollars, to be divided into shares of one hundred dollars each; and
the same may be, from time to time, increased by additional subscrip-
tions, or the issue and sale of shares, to an amount not exceeding five hun-
dred thousand dollars. And said company may give preference to por-
tions of its capital stock over the residue thereof as to the dividends and
payment thereof, and may create and issue two or more classes of stock,
according to the preference or preferences so given, and designate the
same accordingly. Subscription to the capital stock may be received by
the incorporators herein named, or any three of them, at such time and
place as they may appoint, and with or without public notice, as they
may deem best, and as soon as the minimum capital stock has been sub-
scribed the said subscribers may organize as a corporation by the election
of five directors, of whom one shall be elected as president, to remain in
office one year and until their successors are elected, unless sooner re-
moved by the stockholders. After the organization, as aforesaid, the
stockholders may adopt such by-laws, ordinances, and regulations as may
be proper for the management of the affairsof the company,and thereafter
further subscription to the capital stock may, when authorized by stock-
holders holding a majority of the stock issued, be received by the board
of directors. Subscriptions to the capital stock may be payable either in
money, land, labor, services, materials, rights, or other property, or in the
capital stock of other corporations, upon such terms and at such prices as
may be agreed upon between the said company and the subscriber. The
stockholders may at any general meeting change the number of its board
of directors. The board of directors may appoint such subordinate agents
and officers of the company as they may deem necessary for the proper
dispatch of the business of the company. There shall be one or more vice-
presidents of the company, who shall be chosen as provided in its by-laws.
3. The said company shall be, and is hereby, empowered to promote,
establish, and maintain the business of a general electric and railway
company; to erect, establish, maintain, and operate a plant, or plants, im
the city of Richmond, or in any of the cities and towns of the State of
Virginia, and in the counties and villages of said State, for the genera-
tion of electricity and the supply of the electric current for its own use
and for the sale to persons, natural or artificial, desiring to use the same
for heat, light, or power, or any and all other uses to which the electric
current may now or at any time hereafter be applied or applicable, and
may manufacture, use, and sell, distribute, and furnish the same for all
said purposes to all and any persons, parties, and corporations desiring
to use the same, upon such terms as may be agreed upon between the con-
tracting parties: provided, however, said company shall not have power
to supply or sell electric current in any incorporated city or town of this
State without having first obtained the consent and authority of the city
or town council of any such city or town to do so.

4. It may build, purchase, rent, or otherwise acquire and maintain and
operate street railways in the streets, ways, alleys, avenues, and public
highways of the said city of Richmond, or of any other of the towns,
cities, villages, or counties of Virginia, subject, however, to the consent
or authorization thereof by any incorporated town or city, and also sub-
ject to such conditions, restrictions, and limitations as may be imposed
by such town or city, and subject to the consent or authorization thereot
by the county judges of the county courts of the several countics of the
State and the boards of supervisors thereof, who are hereby vested with
the power so to act; and after having first obtained the consent and au-
thorization of any such incorporated city or town, and of the judge of the
county court and the board of supervisors of anysuch county, may erect such
poles and wires,and may construct such subways, underground conduits or
subways and sub-marine cables or other conductors and conduits for the
carriage or support of electrical wires, with the necessary fixtures, stations.
terminals, or other facilities connected therewith, as may be necessary
and suitable for the proper, full, and convenient carrying on of the
business of the company, and may take and acquire by purchase, condem-
nation, lease, or otherwise such lands, not exceeding the amount herein-
after limited and provided for, and such easements therein, or rights
appurtenant thereto, riparian or otherwise, as may be necessary and con-
venient for any of the uses of said company, the mode of condemning
any such lands or rights being the same provided for the condemnation
of lands by companies incorporated for works of internal improvement,
the land in which the easement is to be given or to which the right is
appurtenant being used for purposes of description in the oath and all
the proceedings: provided, however, that the power of condemnation
granted by this act to said company shall extend only to such lands as
are necessary for the construction of its railway or railways, and that it
shall not condemn for railway purposes any greater quantity of land than
now allowed by the general provisions of the laws of this State, except in
the city of Richmond, where it may condemn not exceeding ten acres.

5. The said company may utilize for its purposes steam and water
powers, or any other available power, and in order to do so may acquire
or construct all buildings and structures, and may maintain and operate
such shops and machinery as may be convenient and suitable for the busi-
ness of the company; it may construct, purchase, or acquire, own, main-
tain, and operate canals or canal flumes, or parts thereof, and any other
structures or devices for the utilization of water power, including water
wheels, dams, and sluices, water-ways, waste-ways, and gates in the beds
of the streams and rivers of the State and through the intervening coun-
try; it may acquire by purchase from any individual or company any
rights it or he may have to use the waters of the James river, or of any
other streams in the State, and power is given to any company desiring
to sell such rights to it to do so: provided, however, that on such sale
taking place all statutory duties, obligations, and conditions incident to
the exercise of such right shall be, and they are hereby, transferred from
the company or individual previously subject to such duties, obligations,
and conditions, and imposed upon the said Citizens Rapid Transit Com-
pany, and shall be binding on it alone. But it is not intended by any pro-
vision herein to grant any power to said company to build any dam, gates,
sluices, canals, water-way, or waste-way, or to do any other act whatever
which shall in any way diminish or interfere injuriously with the stream
or flow of water necessary for the water-works or its appurtenances, or
the water supply of any town or city, or interfere with any other public
works or improvements of any city or town for which water or water
power may be used, or interfere with the navigation of any navigable
stream, or interfere injuriously with the propagation of fish in the waters
of this State. The said company may construct, own, maintain, and
operate electric railways in said city of Richmond, or in any other of the
cities, towns, and counties of the State of Virginia, and may purchase any
how in operation in and through the streets and highways of the cities,
towns, and counties thereof to be operated by electricity or cable, and may
take reasonable tolls for the transportation of persons or property, and
may construct, maintain, own, and operate upon its own property or in,
over, and along the streets, ways, alleys, avenues, and public highways of
such cities, towns, and counties, bridges, viaducts, and aqueducts of wood,
stone, iron, or other suitable material for its uses or for the use of the
public, and may take tolls from persons or corporations using the same:
provided, however, that the council of said city of Richmond, and the
municipal authorities of any other city or town where those rights are
exercised, and the judges of the county courts of said counties and the
boards of supervisors thereof, who are hereby vested with the authority
80 to do, shall first consent to the location of said bridges, viaducts, aque-
ducts, and railways on the streets and highways and through the county
within their respective limits or jurisdiction; and all lines of railway,
bridges, viaducts, and aqueducts built by the said company, or owned,
controlled, and operated by it, shall be at all times subject to all restric-
tions, conditions, and limitations of whatsoever nature which may be im-
posed, respectively, by the councils of said cities and towns or hy the
board of supervisors and the judges of said county courts-as to so much
of said railways as may be within the limits or jurisdiction of said cities,
towns, and counties, respectively. Whenever any part of a railroad con-
structed under this charter shall hereafter be brought within the limits
of a city or town by extension of the corporate limits, it shall then be sub-
ject to the limitations and conditions to which the connecting portion of
its line in such city or town may then be subjected; and the said company
may construct, maintain, and operate its railways over bridges across
the James river and other rivers of the State of Virginia already con-
structed or to be constructed, subject to such reasonable limitations and
agreements which may be imposed by the persons or corporations owning
and controlling the same, or by the officials having control of such bridges
and having power to make such contract: and provided, further, that
before the construction of any bridge, viaduct, or aqueduct over or
along any street in any city or town the said company shall first pay to
the abutting property-holders compensation for any damage resulting
therefrom, to be ascertained in the manner provided for by chapter forty-
six of the Code of Virginia.

6. The company hereby incorporated may acquire, by lease, purchase.
subscription to, or purchase of, its capital stock or otherwise, and use and
operate the works, property, franchises, rights, privileges, and immuni-
ties of any other electric railway company or companies, or of any com-
pany or companies incorporated for the purpose of manufacturing or
purchasing electricity, or having the power to do so; and the company
hereby incorporated may unite and consolidate with such other company
or companies upon such terms as may be agreed upon between them, and
power is hereby conferred on such other company or companies to trans-
fer, by sale or lease, their works, property, franchises, rights, privileges,
and immunities to the company hereby incorporated, or to unite and
-consolidate with it upon such terms as may be agreed upon between them.

%. The amount of real estate to be owned and held by the said com-
pany, exclusive of its roadbeds and canals, shall not exceed ten acres in
each incorporated city or town, nor one hundred acres in each county in
the State of Virginia in or through which it may be operating or intend-
ing to operate.

8. The principal office of the company shall be in the city of Rich-
mond, but it may establish branch offices in other sections of the State
whenever it may be convenient or necessary for the use of the company
and the conduct of its business.

9. The company may dispose of the whole or any part of its property,
however acquired, by transfer, sale, lease, or otherwise; may borrow
money and may issue bonds, cither registered or coupon, and may secure
the payment of the same by mortgage or deed of trust upon the whole or
any part of its property, works, rights, franchises, and privileges.

10. The said corporation shall pay all taxes in lawful money of the
United States, and not in coupons.

11. Nothing in this act contained shall be so construed as to authorize
the company hereby incorporated, its successors and assigns, to acquire
by condemnation any of the works, property, easements, rights, or privi-
leges of any other work of internal improvement.

12. Where application under any of the provisions of this act is to be
ade to the board of supervisors of any county for the exercise of any
the rights or powers herein conferred, said application shall be made
ly after notice of such intention published for ten days in some news-
per published in such county, and if there be no such newspaper, then
ch notice shall be posted at the door of the court-house of such county
. or before the first day of the county court next preceding the date
on which such application shall be considered by such board of super-
sors.

13. The work hereby authorized, in order to be exercised in any county
corporation, shall be commenced in such county or corporation within
e period of two years from the passage of this act.

14. This act shall be in force from its passage.