Chap. 85.—An ACT to Amend the Charter of the Alexandria and Frede-
ricksburg Railway Company in such Manner as to Secure a Continuous
Railroad Connection from the End of the Long Bridge, Opposite Wash-
ington City, through Richmond and Danville, to Bristol, and to Construct
a Branch thereof.

Approved March 4, 1871.

1. Be it enacted by the general assembly, That the corpo-
rate name of the Alexandria and Fredericksburg railway com-
pany is hereby ehanged to The Washington and Richmond Rail-
way Company, and is hereby declared a body politic and
corporate, and by such name may sue and be sued, and all legal
proceedings begun and pending in the name of the first named
company, shall be conducted and maintained to completion, in
the corporate name in which they were commenced.

2. That the said Washington and Richmond railway com-
pany be and is hereby authorized to survey, locate, construct,
equip, and operate, a railway from a point at or near the south-
ern end of the Long bridge, in the county of Alexandria, op-
posite the city of Washington, through or near the city of Al-
exandria, and through the counties of Alexandria, Fairfax,
Prince William, Stafford, Spotsylvania (through or touching
the corporate limits of the city of Fredericksburg), King
George, Caroline, King William, Hanover, and Henrico, into
the city of Richmond, in such manner as said company may
deem most eligible, with the right to construct a branch road
from its main line to or near Mathias’ point, on the Potomac
river, and may connect its main line and branches with any
other railroad or railroads in either of the counties named, or
adjacent thereto: provided, that no connection shall take place
between said Washington and Richmond railroad and the
Richmond and Danville railroad, except within the corporate
limits of the city of Richmond or the town of Manchester.

3. That in order to enable said company to construct and
equip its road and branches, it is hereby authorized to increase
and issue its capital stock to an amount not exceeding three
millions dollars, and it is also authorized to borrow the sum of
two millions dollars, and to issue registered or coupon bonds
therefor, bearing interest at arate not exceeding eight per
centum per annum, and convertible into the capital stock of
the company as it may hereafter, from time to time, determine,
and may secure the same by deeds of trust or mortgage upon
its franchise, and upon the whole or any portion of its property.

4, The organization of the said Alexandria and Fredericks-
burg railway company, heretofore constituted, shall be valid
and complete, provided that the stock heretofore subscribed
to the said Alexandria and Fredericksburg railway company
shall be paid up as required by law, and all other acts which
the law required to be done, or performed by the original sub-
scribers to the stock of the Alexandria and Fredericksburg
railroad company, for a proper and legal organization of the
last named company, shall now be done and performed as far
as practicable either by such original stockholders or by the
stockholders of the Washington and Richmond railway com-
any.

5. The said company shall have all the privileges and be
subject to all the provisions of the Code and general laws of
Virginia applicable to such corporations, except such as are
inconsistent with this act, and its principal office shall be lo-
cated in the city of Alexandria, Fredericksburg or Richmond,
as the said company may select. The principal workshops of
the said Washington and Richmond railway company shall be
located in the city of Richmond, or the town of Manchester,
or the town of Fredericksburg, or the city of Alexandria, as
the said company may determine, and shall have a fair pro-
portion of work necessary to be done to build and keep in
order the rolling stock of said road, done in these shops.

6. The said company shall not charge for the transportation
of persons more than three cents per mile for a single person :
provided, however, that it may fix its minimum charge for
any distance at twenty-five cents; nor shall it charge for the
transportation of freight an amount exceeding five cents per
ton per mile. Said company shall not charge a greater rate for
the transportation of passengers, and not above one-fifth more
per mile for the transportation of freight over a part of its line
than is charged per mile for the transportation of similar freight
and passengers in the same character of trains over any other
part or the wholeof its line; nor shall they in any case make ter-
minal charges on such local freight different trom what are made
on through freight; nor in any case give drawbacks in favor
of through freights. They shall not charge for freight con-
signed to or from any point within the state more per mile
than is charged for like freight in the same character of trains
consigned to or from any point beyond the limits of this state,
nor make any combination or enter into any arrangement with
any other railroad or other line of transportation by which
charges for freight consigned to or from any point within thie
state shall be greater by the mile, reckoning between the ex-
treme points of consignment, than like freight inthe same
character of trains transported over this railroad, or any part
of it, and consigned from a point beyond the state to another
point beyond the state, is required to pay by the mile, reckon-
ing in like manner between the extreme points of consign-
ment, and it shall have sufficient depots for the reception of
freight at distances along its line not exceeding ten miles apart,
and shall, from such depots as well as from either end of its
line provide proper transportation for all freights at least as
often as three times a week.

For every violation of this section, either by said company
or by any person or company operating upon said road, or
running cars over the line thereof, any person aggrieved
thereby, shall be entitled, in any circuit, county, or corpora-
tion court of this state, within whose jurisdiction such violation
may have occurred, after ten days’ notice in writing, served on
the agent of said company within the county or corporation in
which such court may be, to recover from said company the
sum of one hundred dollars, and the costs of such proceedings,
and any sum or sums which may have been paid by the com-
plainant to said company in violation of the provisions of this
section.

7. The said Washington and Richmond railway company
shall not discriminate in its rates of charges for freight or pas-
sengers against any railroad company within this common-
wealth; but this provision shall not apply to any railroad com-
pany which shall discriminate in its rates against the said
Washington and Richmond railway company.

8. The said Washington and Richmond railway company
shall construct, complete, and equip its road throughout its
whole length, from the end of the Long bridge, in the county
of Alexandria, opposite the city of Washington, by the route
indicated in the second section of this act, into the city of
Richmond, within three years from the date of the acceptance
of the terms and provisions of this act by a majority in inte-
rest of the Washington and Richmond railway company, as
provided in the tenth section of this act.

9. That if the said Washington and Richmond railway com-
pany, or the Baltimore and Potomac railroad company, or the
Northern Central railroad company, or the Pennsylvania rail-
road company, or any other railroad company, or any two or
more of said companies; or if any of the officers or stockhold-
ers of said companies, or any or either of them, or any person
or persons on behalf or in the interest of said companies, or
any or either of them, shall become the owner or owners of a
majority of the capital stock of the Richmond, Fredericksburg
and Potomac railroad company, or shall, by lease, contract,
agreement, or otherwise, obtain and enjoy the use of the road
now owned and operated by the said Richmond, Fredericks-
burg and Potomac railroad company, then, and in that event,
the property so acquired or controlled shall be subject to taxa-
tion at the same rates as other railroad companies in this state,
not exempt from taxation; and subject, also, to all the other
provisions of this act herein prescribed for the Richmond and
Washington railroad company, or those claiming under them,
as aforesaid, as well as to all general laws now existing, or
which may be hereafter enacted for the government of rail-
roads generally; and the said Washington and Richmond rail-
way company shall be assessed with and shall pay the amount
of said tax to the proper officers of the commonwealth during
the term of such lease, contract, or agreement, and all the pro-
perty of the said company shall be liable therefor as fully and
to the same extent as for the tax assessed upon its own pro-
perty; and the said Washington and Richmond railway com-
pany shall be required, upon the completion of its said road, if
the general assembly shall so determine, or whenever, under
the provisions of this section, the property of the said Rich-
mond, Fredericksburg and Potomac railroad company shall
become subject to taxation, if the general assembly shall so
determine, to pay to the state of Virginia, in current funds,
the then market value of the state’s interest in the Richmond,
Fredericksburg and Potomac railroad company, and have and
hold the same as its own: provided, such market price shall
not be under sixty cents in the dollar of its par value. If said
stock be under sixty cents in the dollar at that time, then said
company shall pay the state for said interest in stock at the
rate of sixty cents in the dollar—the present price of said
stock; or, at the option of the general assembly, the said
Washington and Richmond railway company shall be required
to redeem the state’s interest in the capital stock of said Rich-
mond, Federicksburg and Potomac railroad company at par
with the registered or coupon bonds of the state: provided
further, that said state’s interest in the Richmond, Fredericks-
burg and Potomac railroad company shall not already have
been sold by the state.

The Washington and Richmond railway company shall,
whenever the Richmond, Fredericksburg and Potomac rail-
road company shall, under the provisions of this section, be-
come subject to taxation, guarantee to all the stockholders of
the Richmond, Fredericksburg and Potomac railroad company,
and their assigns, so long as such stock may be held, at least six
per centum on the par value of the capital stock of the Rich-
mond, Fredericksburg and Potomac railroad company.

10. The provisions of this act shall not become operative,
nor any of the franchises herein granted, be enjoyed by the
Washington and Richmond railway company, until the Penn-
sylvania railroad company shall deposit with the board of pub-
lic works of this commonwealth such guaranty in writing, exe-
cuted by said Pennsylvania railroad company, under its seal,
wherein there shall be the sum of one million five hundred
thousand dollars stipulated as liquidated damages to enure to
the benefit of the Norfolk and Great Western railroad com-
pany, in case of a breach thereof by said Pennsylvania railroad
company—such guaranty in writing to be deemed sufficient by
the board of public works that the said Pennsylvania railroad
company will guaranty a sufficient number of the first mort-
gage bonds of the Norfolk and Great Western railroad com-
pany, when demanded by the said Norfolk and Great Western
railroad company, to construct and equip said railroad from
Danville to Bistol; said bonds, so guaranteed, to be applied
exclusively, together with such subscriptions to the capital
stock of said Norfolk and Great Western railroad company as
have been heretofore made or may hereafter be made applica-
ble to that purpose, to the construction and equipment of the
said road from Danville to Bristol: provided, that said Nor-
folk and Great Western railroad company shall not demand
the benefit of the said guaranty until it shall have first pro-
cured solvent subscriptions to the amount of two millions of
dollars to its capital stock, to be determined by the board of
public works: and provided further, that the said Norfolk and
Great Western railroad compay shall make said demand within
five years from the date of the passage of this act: and pro-
vided further, that the first mortgage hereinbefore provided
for shall only be and apply to the road from Danville to Bris-
tol and the capital stock thereof subscribed, to be expended
on said portion of said road: and provided further, that it
shall be a condition of the contract of guaranty hereinbefore
provided for to be deposited with the board of public works,
by the Pennsylvania railroad company, that the said company
shall furnish its guaranty on the said bonds of the Norfolk
and Great Western railroad company in such quantity and as
often as shall be necessary for the construction of the said
road, in ease of disagreement, the necessity therefor as well as
the quantity of said bond to be determined by the board of
public works. And as a further condition precedent to the
use and enjoyment of any of the privileges conferred by this
charter, the Pennsylvania railroad company shall give its offi-
cial obligation in manner and form satisfactory to the board of
public works of Virginia, where said obligation shall be de-
posited; that said company will guaranty the first mortgage
bonds of the Piedmont and Potomac railroad company to an
amount necessary to furnish the superstructure and equipment
for said road, on the line now indicated ‘by its charter, and not
less than fifteen thousand dollars per mile; and said guarantee
may be required of said Pennsylvania railroad company, at any
time, in amounts necessary to place the superstructure on any
ten miles or more of said road which may be ready for the
same, until the line of said road is completed: provided, that
the obligation of the Pennsylvania railroad company to guar-
tee said bonds, shall cease and determine at the expiration of
five years.

11. This act shall be in force from and after the date of the
acceptance of the terms and provisions thereof by a majority
in interest of the stockholders of the Alexandria and Frede-
ricksburg railway company, in general meeting: provided, that
the terms and provisions of this act shall be so accepted, and
the fact of its acceptance certified by the president of said
Washington and Richmond railway company to the governor
of the commonwealth, within twelve months from the passage
of this act: and provided further, that in the event that said
Washington and Richmond railway company shall fail to ac-
tually construct, equip, and complete their road throughout its
whole length, as provided in the eighth section of this act,
within three years from the date of the acceptance of the terms
and provisions of this act by tke stockholders of the Alexan-
dria and Fredericksburg railway company, as hereinbefore pro-
vided, then, and in that event, this act shall cease to be of any
force or virtue, and the rigbts and franchises of the Washing-
ton and Richmond railway company shall revert to the com-
monwealth. All acts and parts of acts inconsistent with this
act are hereby repealed.