Chap. 291.—An ACT to incorporate the Portsmouth sewerage
company.

Approved February 18, 1890.

"1. Be it enacted by the general assembly of Virginia,
That Henry Kirn, Adolph Brandt, M. D. Eastwood, Joseph
A. Parker, S. Marx, and R. L. Herbert, their associates and
successors, be, and are hereby, created and constituted a
body politic and corporate, under the name of the Ports-
mouth sewerage company, and by that name and style
shall have perpetual succession, may sue and be sued,
contract and be contracted with, plead and be impleaded,
have a common seal, and change the same at pleasure, and
shall have all the rights and privileges of a corporation,
and be subject to all the rules, regulations, and restric-
tions imposed by the laws of Virginia in relation to joint
stock companies, so far as they are applicable to and not
inconsistent with the provisions of this act.

2. The capital stock of this company shall not be less
than ten thousand, nor more than two hundred and fifty
thousand dollars, divided into shares of one hundred dol-
lars each, and each share shall be entitled to one vote.

3. The object of said company is to carry off from the
lands and houses, public and private, in the city of Ports-
mouth, and in the county of Norfolk adjacent thereto,
waste water, night soil, and effete matter, and for said
purpose shall have the right to construct, maintain, and
operate all such other pumps, engines, machinery, reser-
voirs, pipes, and such other fixtures and appurtenances as
belong or appertain to works constructed for sewerage of
any kind, both in the city of Portsmouth and in Norfolk
county adjacent thereto, and to charge and collect reason-
able tolls or charges therefor, and make such contracts in
relation thereto as may be agreed upon between their
patrons and the said company, and generally to do all
such things as appertain to the business of a sewerage
company.

4. The said company is hereby authorized to open
streets, lanes, alleys, avenues, highways, public parks,
and squares in said city and county for the purpose of
sewerage, but the said company shall repair any injury
done thereby, at its own cost, in such manner as may be
prescribed by the city council or county board of super-
visors respectively. The said company shall have power
to acquire and hold, by purchase or otherwise, for the
purposes of their business, real estate not exceeding ten
acres.

5. The board of directors of the said company, by and
with the consent of the stockholders given at any general
or annual meeting, shall have the right to borrow money,
and for that purpose to issue bonds, payable at such time
or times and bearing a rate of interest not greater than
eight per centum, as the said board shall deem proper,
and cause the same to be secured by one or more deeds of
trust or mortgages, conveying the real and personal pro-
perty, rights, powers, franchises, and privileges of said
company.

6. The principal office of said company shall be in the
city of Portsmouth, and the signature of the corporate
name by the president in his official capacity, with the
corporate seal affixed, shall be a sufficient execution of any
legal document or writing by the corporation.

7. The said company shall have the power to unite or
consolidate with any other incorporated company under the
laws of this commonwealth authorized to supply the said
city of Portsmouth with water; and to that end may ac-
quire by purchase or otherwise, any of the capital stock of
said company, or the works, franchises, property, rights,
and estate of any such company.

8. Any person who shall wilfully open a communica-
tion with the mains or other pipes of said company with-
out authority from said company, or shall wilfully do or
cause to be done any act whereby the works of said com-
pany, or any portion of its machinery or apparatus, shall
be obstructed, interfered with, injured, or destroyed, such
person shall forfeit for each offence not less than ten nor
more than one hundred dollars, to be recovered before the
mayor or any justice, one-half thereof to go to the informer
and the other half to the treasurer of said city or county,
respectively, for its own use; and shall, moreover, forfeit
and pay tosaid company double the amount of the damages
sustained by reason of such offense or injury, to be re-
covered by action or motion in any court of record.

9. All taxes and dues to the commonwealth by the said
company shall be paid in lawful money of the United
States and not in coupons.

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