Chap. 573.—An ACT to revive, amend and re-enact an act entitled ““An aet te an.
corporate the Rachmond, Gavton and southside railroad company,’ approved
January 26, 1Sav.

Approved February 28, 140s,

Whereas a charter was heretofore conferred upon the Richmond, Gay-
ton and southside railroad company by an act of the general assembly
of Virginia, entitled an act to Incorporate the Richmond, Gayton and
southside railroad company, approved January the twenty-sixth, eigh-
teen hundred and ninety-two, and amended by acts approved January
the twenty-fourth, eighteen hundred and ninety-four, and January the
seventeenth, eighteen hundred and ninety-six, by which said amend-
ments it was the intention of the general assembly to extend the time
within which the said company should conmmence the construction of its
rulroad; and whereas the said Richmond, Gayton and southside railroad
company has been organized and has acquired and contracted fora
large portion of the right of way necessary for its railroad, but has not
constructed its railroad or any part thereof on account of an error made
in the title of the amendment first above-mentioned, but is still desir-
ous of constructing its railroad upon being assured of its rights in the
premises; and whereas it is deemed proper that the charter rights and
powers of the said company shall, under the circumstances, be revived:
now, therefore,

be it enacted by the general assembly of Virginia, That theact of the
general assembly of Virginia, entitled an act to incorporate the Rich-
mond, Gayton and southside railroad company, approved January
twenty-sixth, elghteen hundred and ninety-two, be, and the same is
hereby, revived, amended and re-enacted so as to read as follows:

S$ 1. Be it enacted by the general assembly of Virginia, That Ware .
Gay, of Richmond, Virginia; H. W. Cunningham, J. H. Freeland,
Boston, Massachusetts : > IT. C. Skinner, KE. B. Arnold, of New Yor ” :
Julius Baker, H. Lee Lorraine, W. W. Palmer, of Richmond, Virginia,
or such of them as may accept the provisions of this act, their associates,
successors and assigns be, and the same are hereby, incorporated a body
politic and corporate, under the nameand style of the Richmond, Gayton
and southside railroad company, and as such are empowered to locate,
construct, equip and operate a line of railway between a point at or near
Lorraine, in the county of Ilenrico, through said county, thence across
James river, through the county of Chesterlicld to a point on the James
river at or near Warwick, passing through or near the cities of Man-
chester or Richmond, with power to use the streets and allevs of either,
or both of said cities : provided, the consent of the council of such city
or cities be first obtained ; the route to be such as may be determined hy
the stockholders of the Ric hmond, Gayton and southside railroad com-
pany ; and provided further, that said railroad shall, where it crosses the
low-grounds of the James river south of Lorraine, be constructed in such
manner that its roadhed shall be elevated on stone piers, or wooden or
iron trestles, above high water.

§ 2. The said company shall have the right to acquire lands along the
route of said railway by donation or purchase not to exceed two thou-
sand (2000) acres, to use, sell or hold the same; and shall have the fur-
ther night, with the consent of the board of supervisors of Chesterfield
county, to use as a roadbed for said railway a portion or side of the
road known as the Manchester and Petersburg turnpike, which portion
of said turnpike shall be selected by the board of supervisors, or to
select any other route as to the stockholders and directors of said com-
pany may seem advisable, and which may hereafter be selected: provided,
that under the power to conden for right of way, hereafter given, the
sald company shall not condemn a strip parallel with the James river
front nearer than one-half (4) a mile thereof between Whitby and War-
wick wharf.

§ 3. The company may acquire by condemnation according to the
laws of Virginia, the lands required for the necessary stations, depots
and power plants for its operation, not to exceed two acres at any one
point, and should it not use the turnpike as the roadbed the right of
way of notexceeding one hundred feet in width for its railway, subject
to the provisions mentioned in the preceding section.

S 4. Said company shall have the right to build bridges at Mayo's
island, over James river, and at some point over James river west of
Bosher’ s dam, which said last-mentioned bridee shall be constructed
upon stone piers or wooden or iron tresiles above high water mark, and
over such streams as may be necessary for its railway, and may acquire,
by condemnation or purchase, the lands necessary therefor, or to contract
with corporations or managers of bridges spanning said streams for the
use of such bridges, and with the consent of the city councils of Rich-
mond and Manchester may use such streets as may be agrced upon by
bad councils,

$5. The said company shall have the right to use steam, compressed
air, electric or other motive power, as the directors may deem necessary
or advisable.

§6. The said company shall have perpetual succession and have
power to sue and be sued, plead and be impleaded, defend and be de-
fended in all courts, whether in law or equity, and may make and
have a common seal, and alter and renew the same at pleasure, and
shall have, possess and enjoy all the rights and privileges of a cor-
peration or body politic in the law and necessary for the purposes of
this act. ;

$7. The capital stock of said company shall not be less than fifty
thousand dollars, and may, from time to time, be increased to any
amount not exceeding one million dollars, by issue and sale of shares,
preferred or common stock, or both, upon such terms and conditions,
and under such regulations as the board of directors shall prescribe, the
par value of which shall be one hundred dollars; and the directors may
receive cash, labor, material, bonds, stocks, real or personal property in
payment of subscriptions to the capital stock, at such valuation as may
be agreed upon between the directors and subscribers, and may make
such subscriptions payable in such manner and amounts, and at such
times as may be agreed upon with the subscribers; and whenever tive
hundred (500) shares shall have been subscribed and the sum of ten
thousand dollars paid in cash, the subscribers, under the direction of

any five ) of the incorporators hereinbefore named, who shall be sub-
xeribers, may organize said company by electing a president and board
of directors, and providing for the selection of such other officers as
may be necessary for the cuntrol and management of the business
and affairs of the company, and shall have and exercise all the
powers and functions of a corporation under their charter and the laws
of the state.

§ 8. The said company may borrow money and issue and sell its
bonds, from time to time, for such sums and on such terms as its board
of directors may deem expedient and proper for any of the purposes of
the company, and may secure the payment of said bonds by mortgages
and deeds of trust upon all or any portion of its property, real, per-
sonal or mixed, its contracts and privileges, including its franchises to
be a corporation, and it may, as the business of the company shall re-
quire, sell, lease, convey and encumber the same.

$9, The said company may subscribe to and hold shares in the
papital stock of any other corporation, and may sell and dispose of its
own stock or any other stock owned by it in any other corporation.

$10. The company is authorized and empowered to locate, construct,
equip and operate any lateral or branch roads or tramways, not exceed-
ing fifteen miles in length, which a majority of its stockholders may
determine upon, and by such route or routes as may be selected by its
hoard of directurs; and such company may unite or connect its road
with that of any other company or companies, or consolidate, absorb,
or merge its stock, property and franchises with and into any other
company or companies operating or authorized to operate a connecting
railway or railways, upon such terms and under such name as may be
axrecd upon between the companies so uniting, or connecting, merging
or consolidating; and for that purpose power is hereby given to it, and
to such other company or companies to make and carry out such con-
tracts as will facilitate and consummate such connection, merger or
consolidation, or any lease of sale: provided, that a copy of every such
contract of consolidation and merger be filed in the office of the board of
public works.

$11. The said company shall be required to commence the construc-
tion of its railway within two years from the passage of this act, and
to complete not less than fifteen miles of the same, including any
branches authorized by law, within five years thereafter; otherwise the
powers, privileges and franchises hereby granted shall be void.

$12. The principal office of said company shall be in Richmond or
Manchester.

$13. Each stockholder in the company shall, at all meetings or elec-
tions, be entitled to one vote for each share of stock registered in his
name, and the president and board of directors of said company may
enact such by-laws, rules and regulations for the management of the
alfairs of said company as they may deem proper and expedient.

$14. The board of directors shall be stockholders of said company,
and shall consist of such number as the stockholders may determine
upon, and shall be elected at the stockholders’ annual meeting, to be
held on such days as may be named in the by-laws of the company,
and shall continue in office for the term of one year from and after the
date of their election, and until their successors shall have been elected
and accepted the duties of their office, and they shall elect one of their
number president; and in case of the death, resignation or incapacity of
any member of the buard of directors during his term of office, the
said board shall elect his successor for the unexpired term.

$15. Any county, town or city along the line or at the termini of
said railway may, pursuant to the general laws of Virginia, subscribe to
the capital stock of said railroad company, and the company is author-
ized to accept the same.

§ 16. Whenever the corporation shall exercise any of the privileges
conferred upon them by this act, it shall be liable to the same taxes as may
be imposed by the law upon other 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.

$17. No stockholder in said company shall be held Hable or made
responsible for its debts in a larger or further sum than the amount of
any unpaid balance due to said company for stock subscribed for by
said stockholders.

$18. This act shall be in force from the first of March, eightcen
hundred and ninety-eight, but the general assembly of Virginia reserves
to itself the right to alter or repeal this act at any time hereafter.