Chap. 989.—An ACT to incorporate the Old Dominion electrical development and
power company.

Approved March 4, 1898.

1. Be it enacted by the general assembly of Virginia, That C. W.
Thomas, R. A. Buckner, 8. S. Brooke, W. P. Dupuy, D. H. Matson,
ii. A. Payne, A. L. Payne, E. G. Booth, and such other persons as may
be hereafter associated with them, their successors or assigns, be, and
they are hereby, constituted a body politic and corporate under and by
the name and style of the Old Dominion electrical development and
power company, and by that name shall have perpetual succession and
a common seal, which they may alter or amend at their pleasure, and
may sue and be sued, implead and be impleaded, contract and be con-
tracted with, purchase and hold and grant estates, real and personal, and
make ordinances, by-laws and regulations consistent with the laws of the
state and of the United States concerning all matters of organization and
business not herein specifically provided for, and generally may do every
act and thing necessary and proper to carry this act into effect and pro-
mote the objects of the corporation.

2. The capital stock of the said company shall not be less than one
hundred thousand dollars and not more than five million dollars, divided
into shares of the par value of twenty-five dollars each. Any three of
the above-named corporators to be selected by themselves are hereby
created a commission and are authorized to receive subscriptions to the
capital stock of said corporation at such time and place as they may ap-
point and with or without public notice as they may deem best, and as
soon as the minimum amount of the capital stock above-named shall
have been subscribed they may at any time thereafter within their dis-
cretion call a meeting of the subscribers and organize the company.
Irom time to time the capital stock may be increased or disposed of
under such regulations and upon such terms and at such price as the
the board of directors of said company may prescribe until the maxi-
mum amount shall have been issued, and the board of directors may re-
ceive bonds or stocks of other incorporated companies, lands, rights of
way, labor, services and other property, real or personal, in payment of
subscriptions of the payment of the capital stock upon such terms and
at such valuation as may be agreed upon by the board of directors and
the subscribers,

3. The said company is authorized to promote, establish and main-
tain the business of a general railway and electrical company. To erect,
maintain and operate plants in this state for the generation of electricity
and the supply of electric current forits own use and for sale to persons,
natural or artificial, desiring to use the same for heat, light or power, or
any and all use to which the electric current may or at any time hereafter
be applicable, and may manufacture, use and sell, distribute and fur-
nish the same forall said purposes, and all electrical supplies of any kind
to all and any persons and corporations upon such terms as may be
agreed upon by and between the contracting parties. It may build, pur-
chase, rent or otherwise acquire and maintain in streets, avenues, public
highways or waterways, such line or lines of poles and wires and under-
ground conduits or railways and sub-marine cables or other conduits
or conductors for the carriage and support of electric wires with necessary
stations, terminals, and other facilities connected therewith as may be
necessary and suitable for the proper and convenient carrying on of the
business of the company: subject, however, to the consent or authoriza-
tion thereof respectively by the councils of any city or incorporated town,

and by the board of supervisors of any county of the state within and
through respectively said poles, wires, underground conduits, railways,

marine cables and other conductors may be constructed, and subject to
the fee simple rights of adjacent landowners; and such councils and
board of supervisors are hereby vested respectively with the power to
give such authorization, and subject to all conditions, limitations and
restrictions which the council of each town or city may impose. It may
contract with any persons or corporations owning such lands or any in-
terests, franchises, privileges or easements therein or in respect thereto,
over or contiguous to which such line is proposed to be constructed for
the right of way for erecting, repairing and preserving its structures,
poles, wires, underground conduits, railways, submarine cables, or
other conduits or conductors for the carrlave ‘and support of electric
wires and for the erection, purchase, or lease of stations, power-houses,
offices, terminals, switches and other structures or facilities s necessary for
the operation of its business. If the company and such owners cannot
agree on the terms of such contract, the company shall be entitled to
such right of way and necessary land upon making just compensation
therefor to such owner. Such compensation shall be ascertained and
made as provided for in chapter forty-six of the code of Virginia and the
amendments thereto adopted by the legislature of Virginia for the acqui-
sition of lands by a company incorporated for the work of internal im-
provement when such improvement company cannot agree on the terms
of the purchase with those entitled to the lands wanted for the purposes
of the company. Said company may acquire otherwise than by con-
demnation and hold or lease and thereafter sell or otherwise dispose of
real estate not exceeding in the aggregate of ten acres in a city or incor:
porated town, or one thousand acres in any county through which
respectively said company is operating or intends to operate exclusive of
its roadbeds and rights of way, stations, terminals or other structures
necessary to its operation, to be used as parks or pleasure grounds.
Said company, however, shall have no right of condemnation in any city
or incorporated town, nor shall any r right of condemnation be exercised
under the provisions of this act except for the acquisition of its railway
tracks or terminal facilities.

4. The said company may construct, own and operate electric railways
in the said state, and through the streets and highways of the cities anc
counties thereof, to be operated by electricity or cable, and may take rea.
sonable tolls for the transportation of persons and property, subject
however, to the fee-simple rights of adjacent Jandowners and to consen
being given thereto by the council of any city or town, and by the boar
of supervisors of any county, respectiv ely, to the location of said rail
ways in the streets and highway s within their respective limits and juris
diction: and provided, that in giving such consent the council of an)
city or incorporated town and board of supervisors of any county, respec-
tively, shall have the right to impose such restrictions, conditions and
limitations as to the said council and to the said board of supervisors,
respectively, shall seem proper.

5. 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 and privileges, or any part thereof, of
any other railway now in operation, or electric company or companies,
or ofany company or companies incorporated for the purpose of manu-
facturing or furnishing electricity or electrical supplies, or having the
power to doso; and the company hereby incorporated may unite and
consolidate with any other company or companies upon such terms as
may be agreed upon between them, and the power is hereby conferred
on such other company or companies to transfer by sale or by lease, their
works, property, franchises, rights and privileges to the company hereby
incorporated, or unite and consolidate with it upon such terms as may
be agreed upon between them; and such consolidation may be deemed
and taken as final and complete, so soon as the agreement of the said
companies fixing the terms and conditions of said consolidation shall be
lodged for record in the office of the board of public works in this state.

6. The said company may at any time dispose of the whole, or any
part of its property, of any kind whatsoever, and however acquired by
sale, lease or otherwise, and it shall be lawful for such companies to bor-
row money, and issue and sell or otherwise dispose of its bonds, or
other evidences of its indebtedness by mortgage or deeds of trusts upon
all or any portion ofits property, real or personal, or its chartered rights
and privileges, including its franchise to be a corporation.

7. The principal office of the said company shall be in the city of
Richmond, but the company may establish branch offices in any city or
county in this state as the incorporators or a majority of them, or as the
stockholders in meeting may determine, or elsewhere in the United
States, wherever it may be convenient for the conduct of the business of
the said company, and it shall be lawful after organization of the said
company for the board of directors to change the location of its principal
oflice: provided, that such change be advertised for one month in one or
more newspapers in the place to which said principal office may be re-
moved. If there be no newspaper published in said latter place, then
in one of the newspapers published in the city of Richmond. The
board of directors shall have the power to change the name of this com-
pany and to adopt such other name as the said board may deem proper:
provided, that such change of name shall not be accomplished until a
memorandum thereof shall be filed in the office of the board, and notice
thereof published for ten days in some newspaper in the place at which
its principal office at the time be located, if there be a newspaper pub-
lished there, and if not, in some other newspaper published in the state.

8. Nothing contained herein shall be construed to give the right to the
company hereby formed to construct or operate any electric railroads
within the county of Nansemond.

4. The construction of railways or any plant for the manufacture or
ceneration of electricity to be used for heat, light or power under this
vet must be commenced within two years and finished within five years

rom said datess . C.9QQ0le
10. The said corporation shall pay all taxes in lawful money of the
United States and not in coupons.
11. This act shall be in force from its passage.