Chap. 192.—An ACT to regulate the construction of railroads through
mountain passes and defiles.

Approved February 23, 1888.

1. Be it enacted by the general assembly of Virginia, That
no railroad company now or hereafter chartered in this state,
and having the right to construct its road through any
mountain pass or narrow defile of any creek or river valley, but
not yet having so constructed the same, shall have the right
to the exclusive occupancy of such pass or defile where it is

practicable to construct and operate more than one railroad
through the same; and this provision shall apply as well to
those railroad companies whose charters contain no such
limitation as aforesaid, as to those whose charters already
contain such or any similar limitation: provided however,
that whenever any railroad company shall locate its line!
through a mountain pass or defile in accordance with the ;
provisions of this act, and shall be actually engaged in grad-
ing, building, or operating its line of railroad through such
mountain pass or defile, no otber railroad company shall
locate and build its line through such mountain pass or defile
in such manner that its grading, building, or operation will
prevent or obstruct the grading, building, or operation of
said railroad first occuping such pass, and actually and bona
fide under the terms of its charter engaged in so grading,
building, or operating the same.

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