Chap. 281.—An ACT to Incorporate the Charlottesville and Scottsville Rail-
road Company.

Approved March 30, 1871.

1. Be it enacted by the general assembly of Virginia, That
it shall be lawful to open books of subscription at Charlottes-
ville, under the superintendence of Benett Taylor, W. W. Flan-
nagan, Thomas F. Wingfield, R. C. Redmond, Rawles Abell,
and M. L. Vandoran; at Carter’s bridge, under the superin-
tendence of R. H. Carter, John D. Moon, junior, Joseph Wil-
mer, Howard Smith, John E. Massie, Hancock, and John
QO. Pendleton; and at Scottsville, under the superintendence
of Isaac R. Barkesdale, John M. Page, John 8. Moon, George
Blanchard, W. G. Merrick, J. C. Hill, and George W. Dillard,
for the capital stock of a company, under the corporate name
of The Charlottesville and Scottsville Railroad Company, for
the purpose of constructing a railroad between the towns of
Charlottesville and Scottsville, in the county of Albemarle;
which said road may be of the gauge generally in use on Vir-
ginia railroads, or may be constructed in the manner known as
the narrow gauge railroad. Any three of the commissioners
appointed at each place, respectively, may act as if alone
named; and the commissioners are authorized to receive sub-
scriptions, in their discretion, from individuals and corpora-
tions domiciled either in or out of this state; and are further
authorized to receive subscriptions, payable in money, labor
(to be done on said road), material (that may be used in its
construction), or land. Any subscription, other than money,
to be at such price, and payable at such times as may be agreed
upon between the commissioners and subscribers.

2. That it shall be lawful for the county court of Albemarle
county, or the township board of any township in said county,
to order an election, at a time to be designated in such order,
not less than one month from the date thereof, to take the
sense of the legal voters of such county or township on the
question, whether such county or township shall subscribe to
the stock of said Charlottesville and Scottsville railroad com-
pany. The said order shall state the maximum amount pro-
posed to be subscribed. This section is subject, however, to
this proviso, to wit: that no such election shall be held in any
township in said county until there shall have been held an
election for the purpose aforesaid for the whole county, or
until after the county court of said county shall have made an
order declining to hold any such election.

3. That the commissioners of election, who, if there be none
otherwise legally appointed, may be designated by such court
or township board, after taking an oath faithfully to discharge
the duties of their office, shall open polls at the various places
of voting in such county or township, at the time designated
in said order, and shall conduct such election and close the polls
as is provided by law in respect to other elections; and at such
election, each of said voters who shall approve such subscrip-
tion, shall deposit a ballot, on which shall be the words, “ For

the subscription ;” and each of said voters who shall be op-
posed to said subscription, shall deposit a ballot, on which shall
be the words, “Against the subscription ;” and each ballot be
endorsed with the name of the voter, which shall be inspected
by the officer or officers conducting the elections at the respec-
tive voting places.

4, That immediately after the closing of the polls, the com-
missioners of election at the several places of voting in such
county or township, shall count the ballots deposited at such
election, and shall make return within two days after such elec-
tion, to the judge of such county court, or to the township
board of such township, of the number of votes cast “for the
subscription,” and the number of votes cast “against the sub-
scription ;” and shall also return to and deposit with the clerk
of such court or township board, in separate sealed packages,
the ballots for and against such subscription; and the said
judge or township board shall appoint four citizens of the
county or township, who, with the clerk aforesaid, shall con-
stitute a board of commissioners, whose duty it shall be, within
two days thereafter, to meet at the office of said clerk, and,
having taken an oath before said clerk faithfully to discharge
their duty, open the said packages of ballots, count the same,
correct the return, if needed, and ascertain and report how
many of the said ballots were cast by freeholders, and how
many by non-freeholders, for and against subscription, respec-
tively; which said report, signed by a majority of said board,
shall be entered on the proper record book of such court or
township board.

5. If it shall appear by the report of the board of commis-
sioners, that three-fifths of the qualified voters of the county
or township voting upon the question are in favor of subscrip-
tion, and the said three-fifths includes a majority of the regis-
tered voters of said county or township, and also a majority

of the votes cast by freeholders at such election, the county

court or township board shall, at its next session, enter of re-
cord an order requiring the supervisors of the county, or the
members of the township board, to attend on a day and ata
place named in the order, to carry out the wishes of the voters,
as expressed at said election.

6. If a majority of the whole number of supervisors, or mem-
bers of the township board, be not present at the time and
place so designated, they shall adjourn from time to time until
@ majority shall be present, when they shall determine what
amount of the capital stock, not exceeding the maximum afore-
said, shall be subscribed for and on behalf of the county or
township, and shall enter of record the amount so agreed upon,
and thereupon shall appoint an agent or agents to make the
subscription; which subscription shall be paid in such instal-
ments as may be agreed upon by said board, or as may be
called for by the company.

7. For the purpose of paying the instalments of such sub-

scription as they may fall due, the board of supervisors of the

county, or the township board, shall have power to appoint an
agent or agents to negotiate a loan or loans, and to issue bonds
to secure the same for and in the name of said county or town-
ship. Said bonds may be either registered, or with coupons
attached, as said board of supervisors or township board may
prescribe; and at the time at which the board of supervisors
or township board makes its levy for such county or township,
it shall levy on all the lands and other subjects liable to state
tax, or county or township levy in such county or township,
such a tax to pay the amount of such subscription, or of such
loan or loans as may be authorized, and the interest thereon,
or to pay the interest on the bonds of the county or township
so issued, and to create a sinking fund to redeem the principal
thereof, as said board of supervisors or township board may
deem necessary or proper; and from year to year, it shall re-
peat such assessments until the debt and interest be fully paid ;
but such levy for a year shall not exceed one-twentieth of the
whole amount of such subscription, and the interest thereon;
and such bonds shall be irredeemable for twenty years, and at
the pleasure of the board of. supervisors or township board,
for a period not exceeding forty years from the date of the
same. .

8. That in case a subscription be made by the said county

or any township, and a tax levied as aforesaid, the said tax
shall be collected and accounted for in the same manner as
other taxes in said county or township are collected and ac.
counted for.
- 9. The right to any stock so subscribed, shall vest in the
county or township subscribing for the same, and the board of
supervisors of such county, or such township board, shall have
power, from time to time, to appoint proxies to represent the
stock in meetings of the stockholders of the company, and also
an agent to collect the dividends on its stock ; wich dividends
shall be applied annually in diminution of the county or town-
ship levy.

10. That the capital stock of said company shall not be less
than twenty thousand dollars, and not more than three hundred
thousand dollars, to be divided into shares of ten dollars each.
Whenever the said first mentioned amount shall be subscribed,
the subscribers shall be and are hereby declared a corporation
by the name and for the purposes mentioned in the first section
of this act, and have full power to effect the same, and is sub-
ject to all general laws applicable to such corporations, not in
conflict with this act.

11. That the company may borrow such sums of money as
it may deem necessary for the construction and business of its
road, and may execute liens upon its property, franchises, and
revenues, to secure payment of principal and interest of such

oans.

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