Chap. 730.—An ACT to incorporate the McCullough terminal railway, whar
and warehouse company.

Approved March 5, 1894.

1. Be it enacted by the general assembly of Virginia, That A. A
McCullough, J. W. Perry, Marshall Parks, F. W. McCullough, George
McIntosh and their associates and successors, be, and are hereby.
constituted and made a body corporate and politic by the name and
style of the McCullough terminal railway, wharf and warehouse
company, and by that name and style shall have all the rights and
powers and privileges conferred, and be subject to all the rules, regu-
lations and restrictions imposed by the laws of the state applicable
to such corporations, not inconsistent with the provisions of this act.

2. The capital stock of said company shall be not less than ten
thousand nor more than five hundred thousand dollars, divided into
shares of one hundred dollars each, and for the purpose of obtain-
ing subscriptions to said capital stock any two of the persons named
in the foregoing section may open books of subscription at such
times and places as they may appoint.

3. The annual meetings of the stockholders of said company shall
be held in the city of Norfolk on Thursday after the first Monday in
April of each year, and in all meetings of stockholders subscribers
who have paid all calls on their stock theretofore made shall be en-
titled to one vote for each share of stock held by such stockholder,
which vote may be cast in person or by proxy.

4, The said McCullough terminal railway, wharf and warehouse
company is hereby authorized and empowered to locate, construct,
equip and operate a railway, with all necessary tracks, sidings and
branches (the latter) not to exceed five miles in length, at any point
or points near the harbor of Norfolk, and for that purpose may ac-
quire a title in the mode prescribed by law toa continuous line of
one hundred feet in width of land, and such additional lands as may
be necessary for the use of the said company: provided, however,
that said company shall not be authorized to condemn the property
or water frontage of any work of internal improvement or of any
other wharf, warehouse or terminal company, or obstruct the same.

5. The said company is also authorized to construct at such points
as it may select, at or near the city of Norfolk, or at tide-water, on
any of the branches of the Elizabeth river, wharves, piers, docks,
warehouses, elevators and cotton presses, suitable for the accommo-
dation of steamships and vessels, and for the convenient unloading,
shipping and storing of all kinds of merchandise; and said com-
pany may conduct a general dock, wharf and lighterage business,
and may acquire, buy, lease or purchase such real or personal estate
as it may deem necessary for its purposes, and may build, purchase
or hire lighters, vessels and other appliances used in the business;
it may receive for storage all kinds of merchandise for safe-keeping,
and may conduct any business usually conducted by warehousemen,
wharfingers and lightermen, and may charge and collect compensa-
tion for storage, wharfage and lighterage at such rates and on such
terms as may be agreed upon between it and its customers; and for
any advances made by it on merchandise stored or deposited with it
for shipment, and for all its charges and expenses, said company
shall have a preferred lien on said merchandise, which shall be paid
before said company can be required to deliver the same.

6. The said company shall have power to unite, consolidate or con-
nect its railway with any other line of railway constructed, or which
may be constructed, in this state, upon such terms as may be agreed
upon between it and such other railway company; and for this pur-
pose power is hereby granted to it, and to any railway company in-
corporated by this state, to make and carry out such contracts, by
lease, purchase or otherwise, as will facilitate such connection or con-
solidation.

7. Any railway, steamship or navigation company with which said
McCullough terminal railway, wharf and warehouse company may
connect is hereby authorized to subscribe to the capital stock of this
company, and as to the stock so subscribed, shall have the same
privileges and powers, and be subject to the same conditions and
regulations as other stockholders therein.

8. The McCullough terminal railway, wharf and warehouse com-
pany is also authorized, from time to time, to borrow such sums of
money a8 may be necessary for its purposes, and, for such loans issue
its bonds, bearing interest at a rate not exceeding six per centum per
annum ; to sell, exchange and hypothecate said bonds on such terms
as it may deem advisable, and to secure the payment of said bonds
and the interest thereon by deed of trust or mortgage, conveying its
property and franchises in whole or in part.

9. This act shall be in force from its passage.
Chap. 731—An ACT to ratify and confirm the charter of the Norfolk and
Portsmouth terminal company.

Approved March 5, 1894.

Whereas on the twelfth day of September, eighteen hundred and
eighty-seven, a charter was granted incorporating the Norfolk and
Portsmouth terminal company by the judge of the circuit court of
Norfolk county, as follows:

Office of judge of the circuit court of Norfolk county, September
twelfth, eighteen hundred and eighty-seven.

Upon the foregoing application of W. A. Smith, R. L. Herbert,
Joseph F. Duke, Charles R. Nash, Noyes Spicer and R. C. Marshall,
duly certified by William G. Maupin, junior, notary public, in accord-
ance with the law made and provided, a charter for the Norfolk and
Portsmouth terminal company is hereby granted to them and their
successors, in words and figures as follows:

1. The name of the said company shall be the Norfolk and Ports-
mouth terminal company.

2. The purposes for which it is formed are the construction, pur-
chase, sale, lease, hire, operation and use of docks and wharves on
the Elizabeth river, or the western branch thereof, and all such
tramways, buildings, steamboats, barges and other vessels as may be
necessary or useful for operation in connection with such docks and
wharves, and to purchase, hold, use, subdivide, lease, sell and con-
vey any real estate in the vicinity of such docks and wharves, and
generally to do and perform all acts and things necessary or expe-
dient to be done to carry out and transact the business of such cor-
poration, not inconsistent with the laws of the state of Virginia, and
the said corporation is authorized and empowered so to do.

3. The capital stock of said company shall be one hundred thou-
sand dollars, which may be increased by a vote of the board of di-
rectors to any amount not exceeding two hundred and fifty thousand
dollars, and which shall be divided into shares of one hundred dol-
lars each.

4. The amount of real estate to be acquired or held by said com-
pany at any one time shall not exceed five hundred acres.

5. The principal office of said company shall be kept and its chief
business shall be carried on in the city of Portsmonth, in the state
of Virginia, and a branch office of the company is to be kept in the
city of New York, in the State of New York. .

6. The names and residences of the officers to manage the affairs
of the said company for the first year shall be Douglass Green,
Charles H. Martin and Foster B. Gilbert, of New York city, New
York; Noyes Spicer, of Brooklyn, New York, and Willard P. Shaw,
of Paterson, New Jersey, all of whom are to be directors; and the
said Douglass Green is to be president, and the said Noyes Spicer a
secretary and treasurer of said company for the first year, these be-
ing all of the officers of the said company.
7. That all the taxes shall be paid by the said company in lawful
money of the United States; and

Whereas under said charter the said company was formed and has
been acting under and in pursuance of said charter; and

Whereas a question has arisen as to whether the said charter should
not have heen applied for and granted by the circuit court for the
city of Portsmouth, or the judge thereof; and

Whereas the same person was judge of the circuit court for the
city of Portsmouth and judge of the circuit court of Norfolk county:
therefore,

1. Be it enacted by the general assembly of Virginia, That the
said charter be, and the same is hereby, ratified and confirmed, and
all acts done by the said company under and in pursuance of the said
charter, including changes in the officers of the said company, be,
and the same are hereby, ratified, confirmed and made valid.

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