Chap. 251.—An ACT to Incorporate the Martinsburg and Potomac Roail-
road Company.

Approved July 9, 1870.

Whereas, the legislature of West Virginia did, by act
assed February nineteen, eighteen hundred and sixty-eight,
incorporate a company for the purpose of constructing a rail-
road from a point on the Potomac river to Winchester, the
first section of which is in the following words, to wit:

“ Be it enacted by the legislature of West Virginia, That
the first section of the act passed February nineteen, eighteen
hundred and sixty-eight, entitled an act to incorporate the
Martinsburg and Potomac Railroad Company, be so amended
as to read: ‘For the purpose of constructing a railroad from
& point opposite the termination of the Franklin railroad ex-
tension, on the south bank of the Potomac river, by the most
suitable and convenient route to the town of Martinsburg, in
the county of Berkeley, thence to some point on the state line
between the county of Frederick and the county of Berkeley,
and thence to the town of Winchester, in Virginia, if so
authorized by the legislature of that state; and the said com-
pany shall have power and authority so to construct their road
at.its terminus on the Potomac river as to connect the same
with any other road or bridge which shall be constructed to
that point by the Franklin railroad company, in the state of
Maryland, and to make such arrangements and contracts with
the said Franklin railroad company concerning said connection,
and the future operations and use of the road hereby autho-
rized to be made, as shall secure a continuous and convenient
through passage and business over the entire roads, by either
or both the said companies :’” ;

And whereas, it is necessary for the completion of said road
to Winchester, that the general assembly of Virginia should
give the assent of this commonwealth thereto:

1. Be it enacted by the general assembly, That it shall be
lawful to open books of subscription at Martinsbarg, in Berke-
ley county, under the direction of James M. Vanmeter, Jacob
Ropp, John Aiken, John N. Able, Aaron Myers, J. N. Wisner,
John A. Pitzer, B. M. Kitchen, Levi Tabler, Wm. Cole, Wm.
Smith, Samuel Gold, C. H. Robinson, and Joseph T. Hoke; and
at Winchester, in Frederick county, under the direction of
Robert Y. Conrad, Wm. L. Clark, E. Holmes Boyd, Wm. R.
Denny, Robert W. Hunter, John F. Wall, and George W.
Ward, and at such other places, and under the direction of
such agent or agents as a majority of the commissioners at
either of the above-named places may designate, for the pur-
pose of receiving subscriptions to the amount of five hundred
thousand dollars for the purpose of aiding in the completion
of a railroad from a point on the Potomac river at or near the
terminus of the Cumberland Valley or Franklin railroad, in
Maryland, to Winchester, by the most convenient and suita-
ble route, through or near the town of Martinsburg, in
Berkeley county.

_ 2. Whenever ten thousand dollars of stock shall have been
‘subscribed, the subscribers, their executors, administrators, or
assigns, shall be and are hereby declared to be a body politic
and corporate, under the name and style of The Martinsburg
and Potomac Railroad Company, and shall be subject to all
the provisions of the Code of Virginia applicable to internal
improvement companies, except so far as the same may be in-
consistent with the provisions of this act.

3. The company hereby incorporated shall have full right
and privilege, and is hereby authorized and empowered to in-
tersect or connect with any other railroad at such point or
points as it may deem proper and advisable: provided, that
no such connection shall be made or any arrangements entered
into in pursuance thereof which shall not be in accordance with
the general provisions of the Code of Virginia applicable to
internal improvement companies.

4. If the capital stock of said company shall be deemed in-
sufficient for the purposes of this act, it shall be lawful for the
directors, or a majority of them, from time to time to increase
the same by the addition of so many shares as they may deem
necessary, tor which they may cause subscriptions to be re-
ceived, in such manner as may be prescribed by them; and
the said directors, or a majority of them, shall, by and with
the consent of the stockholders in general meeting assembled,
have power to borrow money for the purposes of this act, to
issue bonds or certificates of indebtedness, and to pledge the
property of the company, by mortgage or otherwise, for the
payment of the same and. the interest that may accrue thereon.

5. It shall be lawful for any joint stock company or incorpo-
ration to become subscribers to the capital stock of the said
company in like manner as: individuals; and it shall be also
lawful for the counties of Berkeley and Frederick, through the
proper authorities, also to subscribe to the capital stock of said
company to an amount not exceeding two hundred and fifty
thousand dollars, subscribed on the part of each of said coun-
ties: provided, that no such subscription shall be valid until
the same shall have been approved by 4 majority of the voters
of each of said counties at an election specially held and con-
ducted according to law, at the several voting places in the
gaid counties; and it is further provided, that in case such
subscriptions shall be authorized by the voters of the said coun-
ties, it shall be lawful for the said counties of Berkeley and
Frederick to borrow money for the purpose of paying the sub-
scriptions so authorized and to issue their bonds therefor; and
they are further authorized to levy such additional taxes upon
all subjects of taxation as will be sufficient to pay the interest
upon the said bonds as it may accrue, and provide for the pay-
ment of the principal when it shall become due; but said
bonds shall be exempt from taxation by the said counties.

6. Such organization of the said company as shall have been
heretofore effected under the authority of an act of the legis-
lature of West Virginia, passed February nineteenth, eighteen
hundred and sixty-eight, and the amendment thereto, passed
February ., eighteen hundred and seventy, is hereby con-
firmed and assented to, so far as the same is not inconsistent
with this act and the provisions of the Code of Virginia ap-
plicable to internal improvement companies. -

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