Chap. 420.—An ACT to incorporate the Virginia electric railway company.

Approved February 27, 1894.

1. Beit enacted by the general assembly of Virginia, That R. A.
Patterson, A. W. Garber, George B. McAdams, William P. DeSaus-
sure, B. B. Munford, John C. Robertson, T. William Pemberton, L.
D. Crenshaw, junior, and such other persons as may hereafter be as-
sociated with them, their successors and assigns, be, and they are
hereby, constituted a body politic and corporate, to be known as the
Virginia electric and railway company, and by that name to sue and
be sued, plead and be impleaded in all the courts of lawand equity in
this state,and may have, make and use a common Beal, and the same
break, alter and renew or change at their pleasure, and may make,
ordain, establish, alter or amend such by-laws, ordinances and regu-
Jations concerning all matters of organization and business not
herein specifically provided for as they may think proper, and
generally may do every act and thing necessary tocarry this act into
effect or to promote the objects and designs of the corporation: pro-
vided such by-laws, ordinances and regulations or acts be not incon-
sistent with the laws of this state or of the United States.

The said company shall be, and is hereby, empowered to promote,
establish and maintain the business of a general electric and rail-
way company, to erect, establish, maintain and operate or sell a
plant or plants in the cities of Petersburg, Richmond, Norfolk and
other cities of the state of Virginia, and in the counties and villages
of said state, for the generation of electricity and the supply of the
electric current for its own use and for sale to persons, natural or
artificial, desiring to use the same for heat, light or power, or any
and all other uses to which the electric current may be now or at
any time hereafter may be applied or applicable; and may manu-
facture, use and sell, distribute and furnish the same for all said
purposes to all and any persons, parties and corporations desiring to
use the same, upon such terms as it may be agreed on between the
contracting parties.

It may build, purchase, rent or otherwise acquire and maintain
and operate in streets, alleys, avenues, public highways and water-
ways, subject only to the consent or authorization thereof by any in-
corporated town or city, and subject to the consent or authorization
thereof by the county judges of the county courts of the several
counties of the state and the boards of supervisors thereof, who are
hereby vested with the power so to do, within and through which
said poles, wires, subways, underground conduits and submarine
sables and other eléctrical conductors may be constructed, such or
any line or lines of poles and wires and of underground conduits or
jubways and submarine cablesor other conductors and conduits for
she carriage or support of electric wires, with the necessary fixtures,
stations, terminals or other facilities connected therewith as may be
1ecessary and suitable for the proper, full and convenient carrying
yn of the business of the company, and the same may sell, lease and
»therwise dispose of as they may deem best, and to take and acquire
xy purchase, condemnation, lease or otherwise and to hold and there-
ifter to sell or otherwise dispose of such real estate, not exceeding
he amount hereinafter limited and provided for, as may be found
1ecessary and convenient for the establishment, erection and main-
enance of such lines of poles and wires and underground conduits
and subways and submarine cables, together with the necessary fix-
‘ures, stations, terminals or other facilities, and for any other of the
purposes and uses of said company.

The said company may utilize for its purposes steam and water
power and any other available power, and may purchase, erect, main-
fain and operate, lease, sell and otherwise dispose of all the build-
ings, structures, factories, machine shops and machinery that may
be necessary, convenient and suitable for the general business of
the company; may purchase or construct, own, maintain and operate
or sell canal flumes and any other structures or devices for the
utilization of water power, including water wheels, dams and sluices,
waterways, wasteways and gates in the beds of the streams and
rivers of the state and through the intervening country. The said
company may construct, own, maintain and operate or sell electric
railways in the said state and in and through the streets and high-
ways of the cities and counties thereof, to be operated by electricity
or cable, and may take reasonable tolls for transportation of persons
or property, and may construct, maintain, own and operate or sell
bridges, viaducts and aqueducts of wood, stone, iron or other suita-
ble material for its uses or for the use of the public, and may take
tolls from persons or corporations using the same: provided, how-
ever, that the councils of said cities and towns, respectively, and the
judges of the county courts of said counties, respectively, and the
board of supervisors thereof, who are hereby vested with the autho-
tity so to do, shall consent to the location of said railways on the
streets and highways and through the country within their respective
limits or jurisdiction, and all lines of railway built by the said com-
pany, or owned and operated by it, shall be at all times subject tc
all restrictions, conditions and limitations of whatsoever nature
which may be imposed, respectively, by the councils of said cities
and towns or by the judges of said county courts, as to so much of
said railways as may be within the limits or jurisdiction of saic
cities and counties, respectively; and the said company may con.
struct, maintain and operate its railways over bridges already con-
structed across the James river and other rivers of the state, subject
only to such reasonable limitations and agreements as to the repair
and maintenance of said bridges or as to the rental of the privileges
of laying tracks on the same as may be imposed by the persons or
corporations owning and controlling the same, or, in the case of the
free bridge between Richmond and Manchester, by the commis-
sioners of the James river bridge.

The capital stock of the said company shall not be less than twenty
thousand dollars, nor more than five hundred thousand dollars, di-
vided into shares of one hundred dollars each. Subscription to the
capital stock may be received by the corporators herein named, or
any three of them, at such time and place as they may appoint, and
with or without public notice, as they may deem best, and as soon as
the minimum capital stock has been subscribed the said subscribers
may organize as a corporation and proceed to elect a president and
board of directors, and adopt such by-laws and regulations as may
be proper for the management of the affairs of the company, and
thereafter further subscription to the capital stock may be received
by the board of directors. Subscriptions to the capital stock may
be payable either in money, land, labor, services, materials, rights or
other property or in the capital stock of other corporations, upon
such terms and conditions as may be agreed upon between the said
company and the subscriber.

The company hereby incorporated may acquire by lease, purchase,
subscription to its capital stock or otherwise, and use and operate
the works, property, franchises, rights, privileges and immunities of
any other electric railway company or companies, or of any company
or companies incorporated for the purpose of manufacturing or fur-
nishing electricity, or having the power so to do, and the company
hereby incorporated may unite and consolidate with such other com-
pany or companies upon such terms as may be agreed on between
them, and power is hereby conferred on such other company or com-
panies to transfer by sale or lease their works, property, franchises,
rights, privileges and immunities to the company hereby incorpo-
rated, or to unite and consolidate with it upon such terms as may be
agreed upon between them.

The amount of real estate to be owned and held by the said com-
pany, exclusive of its road-beds and canals, shall not exceed ten
acres in each incorporated city or town, nor one thousand acres in
each county in the state of Virginia in or through which it may be
operating or intend to operate.

The principal office of the company shall be in the city of Rich-
mond, but it may establish branch offices in any other section of
the state, or 1n the state of New York, or elsewhere in the United
States, wherever it may be convenient or necessary for the use of the
company and the conduct of its business.

The company may dispose of the whole or any part of its prop-
erty, however acquired, by sale, lease or otherwise; may borrow
money and may issue bonds, either registered or coupon, and may
secure the payment of the same by mortgage or deed of trust upon
the whole or any part of its property, works, rights, franchises and
privileges: provided that nothing in this act shall be construed as
allowing or authorizing the construction of any line between the
cities of Richmond and Washington, or to build any road which
shall conflict with the interest of the Richmond, Manchester and
Petersburg electric railway, proposed to be built between said cities
along or near the Manchester and Petersburg turnpike; and pro-
vided, further, that nothing in this act shal] be so construed as to
enable the said company to construct any street railway on any
street within the limits of the city of Norfolk nearer than two squares
to any street in said city now occupied by a street railway, or on
which any railway company shall have heretofore applied for or
procured from the councils of said city permission to place, con-
struct and maintain its tracks, or to include the county of Norfolk,
or any city, town or village within the limits of said county.

2. The said corporation shall pay all taxes in lawful money of the
United States, and not in coupons.

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