Chap. 435.—An ACT to incorporate the Harper’s Ferry power company.

In force February 21, 1898.

1. Be it enacted by the general assembly of Virginia, That Henry
Fairfax eon J. F. Ryan, of Loudoun county, Virginia; B. F. Mackoll
and D. 8. Mackoll, of Fairfax county, Virginia; Herman Hoopes, H.
W. Lippincott and Powell Evans, of Philadelphia, Pennsylvania, or
such of them as may accept the provisions of this act, their associates
and successors be, and they are hereby, incorporated and made a body
politic and corporate under the naine and style of Harper’s Ferry power
company, and by that name shall be known in law, and shall have per-
petual succession, and have power to sue and be sued, plead and be im-
pleaded, defend and be defended in all courts, whether in law or in equity,
ind may make and have a common seal and alter and renew the same at
pleasure, and shall have, enjoy, and exercise all the rights, powers, and
privileges, pertaining to corporate bodies and necessary for the purposes
of this act, and may make by-laws, rules and regulations consistent with
the existing laws of the state of Virginia for the government of all under
its authority, the management of its estates and properties and the due
and orderly conduct of its affairs.

The said company is authorized and empowered to supply to the
public, including both individuals and corporations within the counties
of Loudoun, Frederick and Clarke, and elsewhere in the state of Vir-
vinia, and within the states of West Virginia and Marvland, power in
forin of electric current and hydraulic, pneumatic, and steam pressure,
or any of the said forms, and in any or all other forms for use in driving
machinery, and for light, heat, and all other uses to which the power so
supplied can be made applic: ible, and to fix, charge, collect and receive
rates and tolls therefor; and for the purpose ‘of enabling the company to
supply power as aforesaid, the company is authorized and empowered to
buy, or otherwise acquire, generate, develop, store, use, transmit, and
distribute power of all kinds, and to locate, acquire, construct, equip,
Inaintain, and operate, from a point on the Potomac river, in Loudoun
county, hy the most practicable route, to be determined by the board of
directors of the company, to such point in the counties of Loudoun,
Frederick or Clarke, as they may select, a line for the transmission of
power, by wires on poles, or underground, and by cables, pipes, tubes,
conduits, and all other convenient: appliances for power transmission,
with such branch lines in the said counties, and elsewhere, as a majority
of the stockholders of the company may locate, or authorize to be loca-
ted, for receiving, transmitting, and distributing power; and as appur-
tenances to the said line of power transmission and its branches, the
company may acquire, own, hold, sell, or otherwise dispose of water-
powers and water-privileges in the state of Virginia and elsewhere, and
may locate, acquire, construct, equip, maintain, and operate all necessary
plants for generating and developing, by water, steam, or any other
means, and for storing, using, transmitting, distributing, selling, and de-
livering power, including dams, gates, bridges, sluices, tunnels, statiors,
and other buildings, boilers, engines, machinery, switches, lamps, mo-
tors, and all other works, structures, and appliances, in the state of Vir-
ginia, and in the states of West Virginia and Maryland: provided, t
the amount of land which the company may at any time hold wit
the state of Virginia for its water-powers and other works, as well as
land flowed or submerged with the water accumulated by its dams, sl
not exceed five thousand acres, exclusive of right of way; and s
company may construct its pole and wire lines and conduits along
under county roads: provided, that the approval of the county court ¢
board of supervisors be first obtained, and along and under the stre
of any city, subject to the consent of the council of such city and un
such conditions and limitations as such council may impose.

3. The capital stock of the said company shall not be less than tw
tv-five thousand dollars, and may, with the consent of a majority of
stockholders, be increased from time to time to any additional amou
not exceeding five hundred thousand dollars, by the issue and gale
shares of preferred or common stock, or both, upon such terms a
conditions and under such regulations as the board of directors, w
the approval of the majority in interest of the stockholders of said co
pany, shall prescribe, but the par value of every share of stock shall
one hundred dollars; and the directors, with like approval of the sto
holders, may receive cash, Jabor, material, bonds, stock, contracts, r
or personal property in payment of subscriptions to the capital sto
and may make such subscriptions payable in such manner or amou
at-such times as may be agreed upon with the subscribers; and whe
ever two hundred and fifty shares shall have been subscribod to, a
the sum of five hundred dollars paid in cash, the subscribers, under |
direction of a majority of the corporators hereinbefore named, w
themselves shall be subscribers, may organize the said company
electing a board of directors and providing for the election or appoi
ment of such other officers as may be necessary for the control a
management of the business and affairs of said company, and the
upon they shall have and exercise all the powers and functions of a ¢
poration under their charter and the laws of this state.

4. It shall be lawful for said company to borrow money and issue a
sell its bonds from time to time for such sums and on such terms as
board of directors may deem expedient and proper for any of the p
poses of the company, and may secure the payment of said bonds
mortgages of deeds of trust upon all or any portion of its propert
real, personal or mixed, its contracts and privileges, and its charter
rights and franchises, including its franchise to be a corporation; and
may, as the business of the company shall require, sell, lease, conv
and encumber the same; and it shall be lawful for said company
subscribe to and hold the stock and bonds of manufacturing or ot!
corporations, and any manufacturing or other corporations may subscri
to, guarantee and hold the stock and bonds of the said company.

5. The said company may connect or unite its lines for the tra
mission of power with those of any other company or companies,
consolidate and merge its stock, property and franchises with and in
those of any other company or companies incorporated under the la
of this state or of any other state of the United States, operating or a
thorized to operate lines for the transmission of electric or other pows
upon such terms § and under such name as may be agreed upon betwe
the companies uniting or connecting, merging or consolidating, or may
acquire the said property and franchises of such other company or com-
panies by lease or purchase, and for that purpose power is hereby given
to it and to such other company or companies to make and carry out
such contracts as will facilitate and consummate such connections, merger
or consolidation, lease or purchase: provided that a copy of every such
contract of consolidation and merger shall be filed in the office of the
board of public works.

6. The said company may acquire in the state of Virginia by condem-
nation, in the same manner that railroad companies may under the laws
of Virginia, acquire land for their works, strips of land not exceedinyu
twenty-five feet in width, with necessary additional width in deep cuts
and fillings required by the company for its power transmission lines,
und may likewise acquire in the county of Loudoun all other lands not
exceeding one thousand acres, exclusive of right of way, necessary for
the construction and operation of its works, as well as all necessary
water, including in the land and water thus described, water powers,
water privileges and land tlowed or submerged with water accumulated
by the company’s dams.

7. The said company shall be required to commence the construction
of its works within two years from the passage of this act, otherwise the
powers, privileges and franchises hereby granted shall be forfeited.

8. Each stockholder in the said company shall at all meetings and
elections be entitled to one vote for each share of stock registered in his
name, and the stockholders of said company may enact such by-laws,
rules and regulations for management of said company as they may
deem proper and expedient.

9. The board of directors shall be composed of stockholders of said
company, and shall consist of such number as the stockholders may
prescribe from time to time by the by-laws, and shall be elected at the
stockholders’ (annual) meeting to be held on such days as the by-laws
of the company may direct, and shall continue in office for the term of
one year from and after the date of their election, and until their suc-
cessors are elected and accept the duties of the office, and they shall
choose one of their number president ; and in case of the death, resigna-
tion, or incapacity of any member of the board of directors during his
term of office, the said board shall choose his successor for the unex-
pired term.

10. No stockholder in the said company shall be held lable or made
responsible for its debts and liabilities in a larger or further sum than
the amount of any unpaid subscription upon his stock.

11 The general assembly of Virginia reserves the right to alter, amend,
or repeal this charter; and whenever the corporation shall exercise any
of the privileges conferred by this act it shall be liable to the same taxes
as may be imposed by law upon other like corporations or persons
exercising like privileges, and all taxes due the commonwealth by said
company shall be paid in lawful money of the United States and not in
coupons.

12. The principal office of this company shall be located in the county
of Loudoun, state of Virginia,

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