Chap. 236.—An ACT to amend and re-enact the charter of the Danville street-
car company, and to change its name.

Approved February 8, 1900.

Whereas the judge of the circuit court of Danville, Virginia, did
grant a charter to the Danville street-car company on June twenty-third,
eighteen hundred and eighty-six; and

Whereas the same was duly amended by the said judge of the said
circuit court on October eighth, eighteen hundred and eighty-six, and on
September fifteenth, eighteen hundred and ninety; and

Whereas a question arose as to the right of the circuit courts, and of
the judges thereof, to grant and amend charters of street railway com-
panies, and in order to set the matter at rest and validate all such charters
hitherto so granted, and to inhibit the courts from thereafter granting
such charters or amending the same, the general assembly of Virginia
enacted the act of February twentieth, eighteen hundred and ninety-two,
amending section eleven hundred and forty-five of the code of Virginia
as aforesaid; and

Whereas the Danville street-car company now desires to enlarge its
charter rights as herein provided, and to secure its charter in compact
form from the general assembly so as to perpetuate and preserve all it
now has, and also to enlarge and extend the provisions of its charter—

1. Be it enacted by the general assembly of Virginia, That the charter
as granted and as amended as aforesaid be, and the same is hereby, con-
firmed and ratified, except in so far as the same may be hereby altered
and changed, preserving all rights that have hitherto attached under the
charter in its present form, but now putting the said charter in succinct
form as follows—to wit:

2. That the name of the said company shall be the Danville railway
and electric company; and under such name it is hereby incorporated and
made a body corporate and politic, under the general laws of this state;
and that all of its acts heretofore done within the scope of its existing
charter rights are hereby confirmed and ratified. The said company shall
have perpetual succession, power to sue and be sued, plead and be im-
pleaded, defend and be defended in all courts, have a common seal, and
alter the same at its pleasure; and shall have all the rights, powers and
privileges appertaining to corporate bodies and necessary for the pur-
poses of this act.

3. The capital stock of the said company is now and shall not be less
than thirty thousand dollars, nor more than three hundred thousand
dollars, divided into shares of one hundred dollars each, that being the
stock already called for by its existing charter.

4. The amount of real estate to be held by said company shall not
exceed five hundred acres, the same to be used for its purposes as here-
inafter specified.

5. The principal office of the said company shall be in the city of
Danville, Virginia.

6. The officers of the said company, until the next annual meeting
of the stockholders thereof, shall be as they are at present—namely,
William J. Payne, of Richmond, Virginia, president; John F. Rison, of
Danville, Virginia, vice-president; James G. Penn, John D. Spencer,
James P. Harrison, John P. Swanson, M. P. Jordan, A. W. Traylor,
and James I. Pritchett, of Danville, Virginia, directors; Berkeley and
Harrison, of Danville, Virginia, general counsel; and such other officers
and agents as the directors of said company may appoint.

%. The said company shall be, and it is hereby, empowered and author-
ized to promote, establish, conduct, and maintain the business of a gen-
eral street railway and electric company; to locate, buy, lease, construct,
erect, establish, equip, maintain, operate, own, or sell, or otherwise ac-
quire and dispose of a line or lines of street railway or railways, and a
plant or plants, works, or other necessary equipments for the generation
of electricity and the supply of the electric current in the city of Dan-
ville and its vicinity, as may be determined upon from time to time by
said company, with the consent of the council of said city. The said
company may construct, equip, maintain and operate its line or lines
of railway over the streets and other public places in said city by and with
the consent of the council of said city, and over the Greensboro road
from the corporate limits of the city of Danville to the Reservoir park.
The same being made sixty feet wide between said limits by condemna-
tion as hereinafter provided, and over any other roads, highways, and
approaches leading into said city, by and with the consent of the county
court of Pittsylvania county, Virginia, on such terms and conditions as
said court may prescribe Without restriction as to service; and within
the limits of said city may use electricity or such other motive power
as may be agreed upon between said company and the council of said
city; and may transport passengers over its line or lines of railway and
collect fares and tolls for the same.

8. The said company may manufacture, generate, employ, distribute,
furnish, lease, rent, buy and sell electricity, electric current and air, con-
densed. or compressed, for public and private use for light, heat, and
power and for all and any other uses to which electricity, the electric
current or air, condensed or compressed, may now or at any time here-
after be applied or applicable for its own uses and for sale or lease to
persons, natural or artificial, desiring the use of the same, and may
manufacture, generate. buy, sell, lease, use, distribute, and furnish the
same for all or any of said purposes to any and all persons, parties and
corporations desiring to use the same upon such terms as may be agreed
upon between said company, its patrons, and others, but the said company
shall exercise and enjoy the rights granted under this section within the
limits of said city, only by and with the consent of the council of said
city.

. The said company shall have the right to lease, rent, buy, and
cell ‘all the machine ‘ry necessary for the equipment and maintenance of
said line or lines of railway, for the manufacture, generation of elec-
tricity, the electric current, and air, condensed or compressed, to lease,
purchase and sell electric and other appliances and fixtures in connection
with and for the purpose of introducing its electricity and condensed or
compressed air into general use, and, ‘within the limits of the city of
Danville, by and with the consent of the council of said city, to construct,
purchase or lease, maintain, operate and extend suitable works, struc-
tures, machinery, and apphances, including poles, wires, sub-ways, con-
duits, stations, terminals and other fixtures necessary for the full, proper,
and convenient carrying on of the business of the said company in the
roads, streets, avenues, lanes, and other public highways of said city
of Danville and in the county of Pittsylvania, by and with the consent
of the county court of said county, and in extending its lines into said
county, as provided herein, and in section seven, wherever it becomes
necessary to take private property for such purpose, the said company
shall have the right and power to proceed by condemnation as is now
provided by law in such cases.

10. The said company may acquire and develop any available water-
power, either by purchase or lease, and construct and operate the neces-
sary dams, wheels, canals, and other appliances and appurtenances con-
venient and suitable for the dev elopment of such power and its proper
and satisfactory use, and also may lease any surplus of such water-power
as it may sce fit; and to this end it may purchase, acquire, and hold
necessary and convenient real estate adjacent to and appurtenant to
said water-power for the construction, erection, and operation thereon of
the requisite powcr-houses, mills and other convenient and suitable
and proper buildings and structures, the same to be used in and about its
business as aforesaid.
11. The said company may acquire by lease, purchase, or otherwise
the capital stock, and use, operate, and maintain, in connection with its
own line of railway and other works, the property, franchises, rights,
privileges, and works of any other similar company upon such terms
as may be agreed upon between them.

12. It shall be lawful for said company, and it is hereby authorized
and empowered, to borrow money, make, issue, sell, or negotiate its
bonds from time to time for such sums and on such terms and for such
prices as its board of directors deem expedient and proper for any of
the purposes of said company, and to that end it may secure the pay-
ment of said bonds by mortgages and deeds of trust upon all or any
part of its property, real, personal or mixed, its contracts, rights, privi-
leges of every kind, and its franchises, and it shall also have the right
to lend or otherwise invest its accumulated funds or surplus, to purchase
and own the shares or bonds of any other company or corporation, and
to sell or otherwise dispose of the same at its pleasure.

13. The said company shall have the right, and it is hereby author-
ized and empowered, to cross the tracks of the southern railway and the
tracks of any other railway at grade whenever the said tracks cross any
street or highway occupied by said Danville railway and electric com-
pany, in accordance with the provisions of section ten hundred and
ninety-four of the code of Virginia, as amended and re-enacted on Feb-
ruary ninth, eighteen hundred and ninety-four, acts of assembly eigh-
teen hundred and ninety-three-four, chapter one hundred and ninety-
one, page one hundred and eighty-six.

14. The said company shall be liable to the same taxes as may be
imposed by law upon other corporations or persons exercising the like
powers and privileges, and all taxes, debts or other demands against it
which may become due to the commonwealth of Virginia shall be paid
in lawful money of the United States.

15. The present organization of the said company shall in no wise be
affected, nor shall any of its contracts, rights, privileges, franchises, or
other property, engagements, or liabilities now held, enjoyed and exist-
ing under its charter, amended as aforesaid, be in the least affected,
diminished or restricted by the enactment and passage of this act.

16. All ordinances of the city of Danville, applicable to and affecting
the Danville street car company, the Danville railway and electric com-
pany, their assigns and successors, now in existence or that may here-
ifter be lawfully made and enacted, shall remain and continue in bind-
ng force and effect upon said companies, their assigns and successors
intil changed or altered by the council of said city, and nothing herein
‘ontained is intended or shall be construed to alter, change, or in any
vise affect the ordinances aforesaid; and if the limits of the city of
Danville shall hereafter be extended, so as to take in and embrace
suburban territory, in which said companies, their assigns and succes-
ors have property and are exercising their rights, privileges, and fran-
‘hises, then the said property and the exercise of said rights, privileges
ind franchises shall be and become subject to all the said ordinances,
hen existing or that may thereafter be lawfully made and enacted.
Whenever it shall be deemed necessary to procure the consent of the
-ouncil of the city of Danville hereunder, such consent shall only be ex-
pressed and given by a vote of not less than two-thirds of all the mem-
bers of said council and said Danville railway and electric company, its
assigns and successors, shall not have the right to purchase the electric
plant or plants of the city of Danville without the unanimous consent
of the entire council of said city.

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