Chap. 71.—An ACT to amend and re-enact section 1, chapter 65 of
the Code of 1873, in relation to telegraph companies.

Approved February 10, 1880.

1. Be it enacted by the gencral assembly of Virginia, That.
section one of chapter sixty-five of the Code of eighteen hun-
dred and seventy-three be amended and re-enacted so as to
read as follows: |

§1. That inventors of any system of telephone or telegraph,
or their assigns, upon producing proof of such invention or.
assignment to the board of public works and obtaining its.
assent, any telephone or telegraph company chartered by this |
or any other state, or by an act of congress of the United |
States, may construct and maintain such telephone or tele-
graph along any of the state or county roads or public works,
and over the waters of the state, and along and parallel

| to any of the railroads in this state: provided, the ordinary |
| use of such roads, works, railroads and waters be not thereby
obstructed, and along the streets of any city or town, with the
consent of the council or trustees thereof, and such companies
shall he entitled to the right of way over the lands, privileges’
and easements of other persons and corporations, and the right.
to erect poles, piers and abutments necessary for constructing,
working and maintaining their lines, upon making just com-
pensation therefor ; that when such ctelephene or telegraph
company shall fail on application therefor to sccaré oy cohtracg
or agreement such right of way for the purposes aforesiid oyer
the lands, privileges or easements of auother person or corno-
ration, commissioners shall be appointed and shall act with
the powers as provided in sections seventeen, eighteen, nine-
teen and twenty of chapter fifty-six of the Code of eighteen
hundred and seventy-three, which said sections are hereby
made applicable to this act, and the term “land” in said sec-
tion of said chapter fifty-six of said Code of eighteen hundred
and seventy-three shall be held to embrace and include an in-
terest, use, privilege or easement in or over land; and such
persons or companies may make reasonable charges on mes-
sages or intelligence transmitted by such telephone or tele-
graph. But no company operating under the provisions of
this act shall have the power to contract with any owner of
land or any other corporation for the right to erect and main-
tain a telephone or telegraph over his or its land, privileges or |
easements to the exclusion of the lines of other companies —
operating under the provisions of this act.

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