Chap. 551.—An ACT to incorporate the Virginia Anthracite Coal and Railway
Company.

Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That L. 8. Ran-
dolph, J. W. Walters, Guy F. Ellett, G. W. Walters, Doctor R. T. Ellett,
Charles I. Wade, and Doctor J. M. McBryde, and their associates and suc-
cessors, be, and they are hereby, incorporated and made a body politic
and corporate under the name and style of the Virginia Anthracite Coal
and Railway Company.

2. The said company shall have perpetual succession and a common
seal, which it may renew or alter at will, may sue and be sued, plead and
be impleaded, contract and be contracted with, and adopt by-laws, rules,
and regulations for the government of its officers and employees, not in-
consistent with the laws of the United States or the State of Virginia,
and shall be subject to the general laws of Virginia governing incorpo-
rated companies, except as the same are not in conflict with this act.

3. The capital stock of the said company shall be twenty-five thousand
dollars, divided into shares of one hundred dollars each, and may, from
time to time, be increased by the board of directors, with the consent of a
the electric current in the city of Newport News and the town of Hamp-
majority of the stockholders, to any amount not exceeding one hundre¢
thousand dollars.

4, The said Virginia Anthracite Coal and Railway Company is au-
thorized and empowered to locate, construct, equip, and operate with elec
tricity, steam, or any other motive power a railroad of standard gaug~
commencing at Christiansburg, or some point in Montgomery county.
Virginia, on the Norfolk and Western railway, to the town of Blacks.
burg, in same county, and may extend the same to any point in Mont-
gomery or Giles counties.

5. The said company shall have power to borrow money, to issue anc
sell its bonds, from time to time, in such manner and upon such terms a:
its board of directors may deem proper and necessary in the prosecutior
of its works; and to secure the payment of said loans and bonds the com:
pany may create one or more mortgages or decds of trust on the whole o1
any part of its property, chartered rights, and franchises, and shall have
the privilege of obtaming the endorsement of its bonds by individuals.
companies, or corporations.

6. The said company may receive subscriptions to its capital stock ir
land, property, material, equipment, minerals, mines, labor, and so forth,
at such valuation and upon such terms as its board of directors may think
proper, and may also accept and reccive any of the same as donations.
It may also receive subscriptions to its capital stock or donations from
associations, companies, or corporations.

%. The county of Montgomery or the towns of Christiansburg and
Blacksburg may subscribe to its capital stock in the mode prescribed by
law, or may make such donations as either of them may think proper.

8. It shall be lawful for the said company to consolidate with, lease.
or sell its works, property, franchises, and privileges to any other com-
pany or individual, and any other company or individual is hereby au-
thorized to purchase the same, and any incorporated company may, by
purchase or subscription or otherwise, obtain, hold, or transfer the bonds
and stocks of said company.

9. The said company is authorized and empowered to acquire, by con-
demnation, according to the laws of Virginia, the land required for the
right of way for its railroad and the lateral branches thereof, for all sid-
ings, turnouts, depots, and all other necessary purposes of said railwav:
to cross at surface grade over or under any railway now built or uncon-
structed. The said company may construct, equip, maintain, and operate
its line or lines of railway over the streets and avenues of the said towns
of Christiansburg and Blacksburg, and the roads and other public high-
ways of the counties of Montgomery and Giles, and over said streets.
roads, and highways, or any or either of them: provided, the councils of
said towns, respectively, and the boards of supervisors and the county
court of said counties, respectively, who are hereby vested with the au-
thority so to do, after reasonable public notice of the intended applica-
tion for such privilege, shall consent to the said location of the said line
or lines of railway on the streets and highways within their respective
limits and jurisdictions, subject to the fee simple sights of the adjacent
land owners.
10. The said company may manufacture, generate, employ, distribute,
furnish, buy, and sell electricity, the electric current, or other suitable
and proper material or fluids for public and private use, for light, heat,
and power, or to any and all other uses to which electricity and the electric
current may now or at any time hereafter be applied or applicable for
its own use and for sale to persons, natural or artificial, desiring to use
the same, and may manufacture, generate, buy, sell and use, distribute
and furnish the same for all or any of said purposes to all and any per-
sons, parties, and corporations desiring to use the same upon such terms
as may be agreed between the contracting parties within the limits of
the said counties of Montgomery and Giles, and the said towns of Chris-
tiansburg and Blacksburg, as the same now are or may be hereafter laid
off: provided, however, said company shall obtain from the councils of
Christiansburg and Blacksburg, and any other incorporated towns, per-
mission to furnish, distribute, and sell electric current for light and
power within their respective corporate limits, or to dispose of said cur-
rent for any other purpose in said cities or towns, except to run the cars
and works of said company.

The said company shall have the power to mine and dig for coal,
iron ores, and other minerals and metals, and remove and sell the same,
and may cut and remove any timber on any of the lands to which it may
become legally entitled to, and, by and with the consent of the board of
directors, may sell or lease any ‘of its said lands.

12. The corporators named in this act shall constitute the first board
of direetors, and shall continue in office until their successors shall be
elected and qualified. They shall have the power and authority of a
president and board of directors for the purpose of organization, and for
all other purposes incident thereto. They shall elect one of their mem-
bers president of the board, and may appoint such officers as they may
deem proper. They may receive subscriptions to the capital stock of the
company; and whenever five thousand dollars have been subscribed, the
board may proceed to organize by the election of a president, secretary,
and treasurer, or such officers and agents as they may think proper.
Thereupon the said company shall be considered legally organized, and
shall have all the general powers conferred upon corporations and char-
tered companies by the laws of this State, and shall be subject to all the
provisions thereof, except so far as the same are modified by or incon-
sistent with this act.

13. The said company shall be subject to all laws and regulations gov-
erning common carriers in this State.

All taxes due the Commonwealth by said company shall be paid in
lawful money of the United States, and not mn coupons.

15. The road shall be commenced within two vears, and shall be com-
pleted within five vears from the passage of this act.

16. This act shall he in force from its passage.
638 ACTS OF ASSEMBLY.