Chap. 209.—An ACT for the Construction of a Railroad from West Vir-
ginia Line in Pendleton County. Through Highland, Bath and Alle-
ghany Counties in Virginia, to the Chesapeake and Ohio Railroad.

Approved March 15, 1872.

1. Be it enacted by the general assembly of Virginia, That
John S. McNulty, W. W. Fleming, B. B. Campbell, William
Hevener, Adam Stephenson, John Trimble, Adam H. Flesher,
D. V. Ruckman, J. C. Newman, J. W. Myers, G. W. Hevener,
William Gibson, David Gwin, Samuel C. Eagle, Alexander Gil-
more, Samuel Sulenberger and L. H. Stephenson, of Highland
county, Virginia; John F. Bratton, Wm. R. Gillet, John L.
Eubanks, Corbin M. Reynold, John Cleeck, sr.. and Wm. D.
Ervin, of Bath county, Virginia; A. A. McAllister, H. W. Mas-
sie, William Skeen, John H. Oliver, B. Rarus, J. Jerome Hobbs,
R. L. Parrish, of Alleehany county, Virginia, or such of them
as may accept the provisions of this act, and such persons and
corporations as may become associated with them in the man-
ner hereinafter provided, shall be and they are hereby consti-
tuted a body politic and corporate, by the name of the South
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Branch Railway Company, and by that name shall have all the
powers, rights and privileges necessary and proper to locate,
construct and maintain a railroad, to be known as the South
Branch Railroad, to begin at such point on the Virginia and
West Virginia state line, between the counties of Highland in
Virginia and Pendleton in West Virginia, whence the said rail-
road may be extended through the state of West Virginia, and
to run from said point through the counties of Highland, Bath
and Alleghany, to Covington.

2. That the capital stock of said company shall not exceed
the sum of three million of dollars, to be divided into shares of
one hundred dollars; and whenever fifty thousand dollars shall
be subscribed by others than internal improvement companies,
the subscribers shall be incorporated by the name and for the
purposes aforesaid, with power and authority to effect the same.

3. The capital stock of said company may be increased from
time to time, by the board of directors, to such amount as they
may deem necessary for the interest of the company, not ex-
ceeding the maximum capital stock prescribed in this act; and
the board of directors of said company, to fully construct and
equip said railway, shall also have the power to issue bonds in
such sums not less than one hundred dollars each, and bearing
interest not exceeding therate allowed bylaw, payable, principal
and interest, at such times and places, and in such manner as may
be deemed most, advantageous to said company, and may secure
the same by one or more mortgages on the road, franchises,
income and the real and personal property of the company, or
such parts thereof as may be designated in the mortgage and
mortgages.

4. That it shall be lawful for the said company to acquire, in
subscriptions to the capital stock of said company, or by dona-
tion or otherwise, lands, mines, property, materials or labor,
and to receive subscriptions from other companies, associations
and corporations, and to make such arranvements as shall be
mutually agreed upon by the respective boards of directors for
such companies, associations and corporations, for the endorse-
ment of sale and exchange of stock and bonds, as to increase

. facilities for a speedy completion of said road; and the said

company may sell, lease or otherwise dispose of any lands or
other property acquired under this section at their pleasure.

5. The said railroad company shall have power to build
branch and lateral roads, not exceeding ten miles each in length,
from their main line, to connect with any mines, lands, or man-
ufactories owned or operated by the said company.

6. The said company shall allow any railroad already built,
or which may hereafter be built, to connect with its road, and
the said company shall have the nght to connect with, and to
cross either at, or under, or above grade, any railroad now or
hereafter to be constructed in the vicinity of the route thereof.
No discrimination shall be made in the charges of said com-
pany against the trade and travel of any connecting work; but
it shall jointly, with such connecting company or companies,
make suitable arrangement 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 con-
necting work against the trade and travel of the said company.

7. The said company may enter into arrangements with any
company connecting therewith, whether such company connect-
ing at either terminus or at any other point along its line, for
the use of the necessary rolling stock to be furnished to said
company, or for a lease of its road not exceeding a term of
twenty years upon any one contract of lease, or may contract
for the sale and transfer of all its property, rights, charter,
franchises and stock, to any such connecting company: pro-
vided, that such sale or transfer be confirmed at any general
meeting of said South Branch Railroad Company.

8. That any county along the line of said road, or of any
connecting road, 1s hereby authorized in the manner and under
the rules and regulations prescribed by law, to subscribe to the
capital stock of said company each an amount not exceeding
two hundred thousand dollars; and to this end it shall be the
duty of the county courts in such counties, in their discretion,
to cause a vote to be taken in a manner prescribed by law at
such time as the president and directors of said South Branch
Railroad Company may ask, and issue bonds in such form, run-
ning such length of time, and bearing such rates of interest, and
payable at such periods and places, as the county courts of said
counties may determine, and to guarantee the payment of such
bonds so issued whenever the qualified voters in the manner
above prescribed shall authorize.

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