CHAP. 384.—An ACT to incorporate the Berryville and West
Virginia railroad company.

Approved February 25, 1802.

1. Be it enacted by the general assembly of Virginia,
That Carroll Sprigg, R. P. Page, William Clements, A. W.
McDonald, Thomas D. Gold, Frank Beckwith and A. Moore,
junior, and their associates, successors and assigns be, and
they are hereby, made and declared a body politic and cor-
porate by the name and style of the Berryville and West
Virginia railroad company, for the purpose of construct-
ing, maintaining and operating a railroad between Berry-
ville, Virginia, and some point on the line of West Vir-
ginia, in the county of Jefferson. Said company shall
have perpetual succession and a common seal, which it
may adopt, alter or renew at pleasure, and may sue and
be sued, plead or be impleaded, contract or be contracted
with, and make ordinances, by-laws and regulations not
inconsistent with the provisions of this act, the laws of
this state or of the United States, for the government of
its officers and agents and the proper conduct of its af-
fairs. The principal office of the said company shall be
in Berryville, Virginia.

2. The capital stock of the company for constructing,
equipping and operating that part of its road in the state
of Virginia shall not be less than twenty thousand dol-
lars nor more than one hundred thousand dollars. All
shares issued by the said company shall be of the par
value of fifty dollars each.

3. The said company may receive subscriptions to its
capital stock in cash, land, labor, materials and equip-
ment at such valuation (if not in cash) as may be agreed
upon by the said company and the subscribers, and may
take such subscriptions payable in such manner and in
such amounts and at such time or times as may be agreed
upon by said company and its subscribers. And it shall
be lawful for said company to receive and hold the title
to all lands so acquired, and also to such lands as it may
acquire by purchase or voluntary grant subject to the gen-
eral laws of the state. |

4. The said company shall be, and is hereby, authorized
and empowered to sugvey, locate, construct, equip, main-
tain and operate a line of railroad of standard gauge; that
is to say, not less than four feet eight inches wide, with a
single or double track from Berryville, Virginia, toa point
on the line of West Virginia, in the county of Jefferson;
and to that end the said company is invested with all the
powers conferred by the general laws of this state, and
subject to all the restrictions of the same relating to rail-
road companies and not inconsistent with this act. |

5. The said company shall have power to borrow money
to such an amount as it may deem proper, after twenty thou-
sand dollars of its capital stock has been subscribed and
two per centum thereof paid in cash, and to issue for any
Joan debentures, or bonds of the company, bearing interest
not exceeding six per contum.per annum, and to secure
the payment of such loan or loans, principal and interest,
said company may execute one or more mortgages or deeds
of trust upon the whole or any part of its property, real,
personal, and mixed, its charter, rights, franchises, and
income. |

_ 6. The said company shall have power to construct,
equip, and maintain lateral or branch railroads or tram-
ways of any gauge whatever, not exceeding twenty miles
each in length, which shall have all the rights and powers
and be subject to the same restriction as the main line;
and shall have power to acquire by purchase or lease, or
by operating contract, any railroad now built which would
form a part of the line of railroad herein authorized to be
constructed.

7. The said company sball have power to connect with
any other railroad in the state of Virginia by branch road
or otherwise, and to construct and extend its railroad
over any public highway in the state of Virginia by per-
mission of the authorities having legal charge of said
public highways. :

_ 8. It shall be lawful for any incorporated company to
aid in the construction of the said railroad, and for that
purpose may acquire the bonds of the company hereby cre-
ated; and the said company hereby created may run, use
or operate by lease, consolidation or otherwise, any rail-
way or transportation line upon such terms as may be-
agreed upon between them: provided, this company shall
not be leased or consolidated with a competing or a par-
allel line: provided further, that if this company shall
ever be consolidated with any foreign corporation, in
accordance with the provisions of this section the con-
solidated company shall always be a Virginia corporation
in regard to the right of suing and being sued.

_ 9. The corporators herein mentioned shall have all the
powers and authority of a president and board of direc-
tors for the purpose of the organization of the said com-
pany, and for all other purposes, until a president and
board of directors shall be elected at a stockholders’ meet-
ing, and said meeting shall be held upon such notice given
in such manner as the said corporation may deem proper,
when twenty thousand dollars of the capital stock of the
said company shall have been subscribed.

10. The said company shall have power to cross at
grade, over or under, join or unite its railroad with any
other railroad now built or constructed within the state
of Virginia, at any point on its route and upon the ground
of such railroad company, with the necessary turnouts,
sidings, and switches and other conveniences in further-
ance of its connections, subject to the general laws of the
state. .

11. The said company is required to commence the con-
struction of its said railroad in this state within two years
and to complete the same within five years from the pas-
sage of this act.

12. This act shall be subject to repeal, amendment or
modification at the pleasure of the general assembly, and
it is agreed that the said company will always pay its
taxes in lawful money of the United States or in gold.

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