Chap. 329.—An ACT to amend and re-enact an act entitled an act to incor-
porate the Fredericksburg and Rappahannock railway company, approved
February 7, 1898.

Approved February 16, 1901.

1. Be it enacted by the general assembly of Virginia, That an act
entitled an act to incorporate the Fredericksburg and Rappahannock rail-
way company, approved February seventh, eighteen hundred and ninety-
eight, be amended and re-enacted so as to read as follows:

“gt. Be it enacted by the general assembly of Virginia, That H. IL.
Wallace, L. G. Johnson, John 8. Barbour, Warren E. Coons, C. M. White,
C. V. Ford, and their associates and successors be, and they are, hereby
constituted a body, politic and corporate, by the name and style of the
Fredericksburg and Rappahannock railway company, and as such are
empowered to locate, construct, equip and operate a railway, commencing
at some point in or near the city of Fredericksburg, Virginia, and run-
ning through the streets of the said city, or such of them as the said
company may desire: provided, the consent of the council of said city
shall be obtained for the use of said streets; thence into or through the
counties of Spotsylvania, Stafford, Fauquier, Culpeper, Orange, Prince
William, Madison, and Rappahannock, or such of them as may be desired
to some point on the Southern railway between Manassas and Rapidan
stations, or vice versa, with the right to extend said railway to such point
or points in Culpeper, Madison, Rappahannock, and Fauquier counties
ax may he desired.

The said company shall have the right to acquire lands, heredita-
ments, easements, rights, and franchises along the route of said railway
by donation, purchase, condemnation, or subscription, not to excced two
hundred acres of land, exclusive of the road-bed, in any one county, to
use, sell, or hold the same, and shall have the further right, with the
consent of the board of supervisors of the respective counties through
or into which said road shall be extended, to use as a read-bed for said
railway a portion or side of the publie roads of said counties, which por-
tion of said public roads shall be selected by the board of supervisors of
the respective countics, in which ease proper compensation shall be made
to the abutting land owners. And it may, with the consent of the council]
of any city or town through which it may pass or into which it may be
built, acquire the right to use the strects thereof as a road-bed.

§ 3. The said company may acquire by condemnation, according to the
laws of Virginia, the land, casements, and rights required for the neces-
sary rights of way, stations, depots, and power plants for its operations,
and the successful executions of the rights. powers, and privileges con-
ferred by this charter.

§ 4. Said corporation shall have power to acquire the water powers of
the Rappahannock, Rapidan and Tazel rivers, or any of the tributaries
thereof, to generate therewith electrie power or other power for the opera-
tion of said railway and for other purposes, and to market any excess of
power so generated by lease or sale, or to use the same for manufacturing
and mechanical purposes, and for the purpose of so marketing or using
such excess of power, the said corporation is authorized and empowered
to erect a line or lines of overhead wires or conduits, bridges or sub-ways
as may be deemed best, and for the best interests of said corporation, ove!
the highways and lands of individuals or other corporations from the
place where such power is generated to the place where it is marketed or
used.

§ 5. It shall be lawful for said company to transport passengers,
express, freight and baggage over the lines of the railway, and to collect
such charges and tolls for the same, and make such charges for said excess
of power marketed as aforesaid, as may be prescribed by the board of
directors and not contrary to law.

$6. The said company may use electricity, steam, horse and water
power, or either or all of them, and all such engines, machinery and
other appliances as it may deem necessary to propel cars, engines or other
vehicles along its road, and may use such power so acquired for any
manufacturing or mechanical purposes.

& 7%. The capital stock of said company shall not be less than one hun-
dred thousand dollars nor more than five hundred thousand dollars, to
be divided into shares of one hundred dollars each, which may be paid
in cash, labor, material, bonds, stock, real or personal property at such
valuations as may be agreed upon between the directors and the several
subscribers, and the subscriptions for the capital stock may be payable in
such manner, amounts and times as may be agreed upon with the
board of directors and the subseriber; but if at any time after the actual
work of the construction of said lines of railway or any one of them be
commenced it shall be apparent to the board of directors that a larger
capital is necessary to carry out successfully the purposes and powers
granted by this charter, and they adopt a resolution to that effect, it shall
be lawful for the board of directors to increase the capital stock of said
company to such an amount as may by them be deemed appropriate:
provided, however, that before issuing such stock they shall certify to the
secretary of the commonwealth the resolution of the board of directors
authorizing and specifying the amount of the increase of the capital
stock so authorized, and paving the tax thereon required by law.

§ 8. Said company shall have the power to lease or sell its said road.
franchises and appurtenances, or any poriion of the same, and to borrow
money for the use of the company and secure the loans by deeds of trust
on all or parts of its road, estate, franc thises, income, or other property,
rea] or personal.

§ 9. The said company is authorized and empowered to locate, con-
struct, and equip and operate anv lateral or branch roads or tramways.
not exceeding twenty miles in length, which a majority of its directors
may determine upon, and by such route or routes as may be selected by
the board of directors.

§ 10. The board of directors shall he stockholders of said company and
shall consist of such members as the stockholders may determine upon,
and shall be elected at the stockholders’ mecting. and the directors shall
elect one of their number president of said company.

§ 11. Any county or city through or into which the said road is au-
thorized to be extended may subscribe to the capital stock of said com-
pany and issue its bonds to pay for the same upon the terms and condi-
Lions herein prescribed—to-wit: The county or corporation court of any
county or city through or into which the said road is authorized to be
extended in term time, or the judge of such court in vacation, on the
application of at least fifty frecholders who are residents of said county
or city, at any time within three years from the passage of this act,
said application stating the amount of the subscription proposed to be
made, and in a general way where it is proposed to locate said road-bed,
whether to a point in said county or through said county and the extreme
points of construction within said county, shall make an order requiring
the sheriff of said county or the sergeant of said city, at a time to be
designated in said order, not less than thirty davs from the date thereof,
to open polls and take the sense of the voters of the said county or city on
the question whether the county or city shall subscribe to the capita
stock of said company: provided, the road proposed to be built by said
company will be located within or through the said county or city. The
amount of subscription to be voted upon ‘shall not exceed the sum of fifty
thousand dollars by any one county or city, to meet and pay which sub-
scription, bonds of the said city or county. bearing interest at a rate not
exceeding five per centum per annum shall be issued, the payment of the
principal and interest of which shall be provided for by the levy of taxes
as provided by law in such cases. The principal of said bonds shall be
made payable in thirty years from their date. with the right to said
county or city to call for and pay the same after fifteen years trom their
date. No part of the subscription herein authorized shall be actually
paid until a commission of three frecholders appointed for that purpose
by the county or corporation court shall report that the road-bed has
been located and the title thereto obtained by condemnation or otherwise
through the county or city where it is proposed to extend said line
through the county or city or from the county or city line to the termi-
nation of said line where the termination is to be in the county or city,
in substantial accordance with the application to said court for the order
for the election, and said report shall be confirmed by the court. Hach
county or city subscription, subject to the foregoing limitations, shail be
due and payable as may be agreed upon between the board of supervisors
of said county or the council of said city, and the board of directors of
said company. There shall be attached to the said bonds coupons for the
interest thereon, payable annually or semi-annually, as the board of
supervisors of the county or the council of said city may provide, which
shall be receivable in payment of all county or city taxes, accruing for
years subsequent to the maturing of said coupons. The bonds to be
issued under this act shall be in such denominations as the respective
hoards of supervisors or councils shall prescribe, and said bonds and cou-
pons shall be signed by the chairman of the board of supervisors or
mayor of said city, and attested by the clerk of said board or said council,
and the-seal of the said board of supervisors or of said city shall be at-

tached to said bonds.
§ 12. The said election shall be conducted and the ballots cast thereat
shall be returned, canvassed and counted in the manner prescribed by
section twelve hundred and forty-four of the code of Virginia, and the
provisions of chapter fifty-one of the code of Virginia, so far as they are
not inconsistent with this act, shall apply to the election, the subserip-
tion and the issuance and payment and provision by levy or otherwise
for the payment of the bonds issued hereunder as provided in this act.

§ 13. If it shall appear by the report of the board of commissioners
appointed to count the said ballots that a majority of the qualified voters
of the said county or city voting upon the question are in favor of the
subscription, and that said majority includes a majority of the votes cast
by the freeholders at such election, the said county or corporation court
shall, at its next term, enter an order requiring the supervisors of said
county or the council of said city to attend on a day and at a place named
in the order to carry out the wishes of the voters as expressed at said
clection, and the said board of supervisors or council shall thereupon
comply with said order.

§ 14. The rights and privileges created by this charter shall be un-
affected by the provisions of section eleven hundred and forty-one of the
code of Virginia, and any irregularity in the organization of said com-
pany under its original charter is hereby cured and made valid, and the
rights and privileges created by this act shall enure to the benefit of said
company as at present organized.

§ 15. The board of supervisors of any county or the council of- any
city subscribing to stock under the provisions of this chapter shall annu-
ally appoint a discreet person to vote said stock at all stockholders’ meet-
ings held in the year following his appointment and until the appoint-
ment of a successor, and stich proxy shall be eligible for election as a
director of said company and such board of supervisors or council shall
have authority to sell such stock, at such time and upon such terms as
they mav think judicious for the best interests of their respective cities
or counties.

§ 16. All taxes due the commonwealth shall be paid in lawful money
of the United States, and not in coupons.

§ 17. This act shall be in force from its passage.