Chap. 137.—An ACT to amend and re-enact sections 6 and 9 of an act
to incorporate the Atlantic and Danville Narrow Gauge railroad
company, approved April 21, D882, as amended and re-enacted by an
act approved February 24, 1886, and to confer certain additional
powers on said company.

Approved May 5, 1887.

1. Be it enacted by the general assembly of Virginia, That
sections six and nine of an act to incorporate the Atlantic
and Danville Narrow Gauge railroad company, approved
April twenty-first, eighteen hundred and cighty-two, as
amended and re-enacted by anact approved Februar y twenty-
fourth, eighteen hundred and eighty-six, be amended and
re-enacted, and that additional powers be conferred on said
company as follows:

$6. The said Atlantic and Danville railway company shall
be ands hereby authorized and empowered to locate, con-
struct, build, equip, operate, and maintain a railway either of
standard or narrow guage, and may change the e gauge of its
road already built, with such number of tracks as the cor-
poration may desire, and for that purpose shall be entitled to
acquire title to a continuous line of one hundred fect in width
of Jand along the main line of said railway, or any of its
branches, with such additional land as may be necessary for
the use of said railway from the most availablo point at deep
water on the James river, within the county of Surry, and
passing through or near the town of Waverly, Sussex county ;
thence by the most direct and practicable route to a point at
or near the town of Belfield, Greenesville county; thence by
the most practicable route toa point at or near Boydton, in
Mecklenburg county; thence by the most practicable route
to a point in or near the city of Danville. Said corporation
is also authorized and empowcred to purchase, lease, con-
struct, and otherwise use and operate any road now con-
structed or hereafter to be constructed, of any other railroad
company already, or hereafter incorporated under the laws of
this State: (provided the said company be not a competing
line to the said Atlantic and Danville railway company,) and
is also hereby authorized and empowered to construct, equip,
maintain, and operate its railway from any point on its main
line east of the town of Hicksford, through the counties of
Greenesville, Sussex, Southampton, Nansemond, Isle of Wight
and Norfolk, or any and all of them, toa point on the Eliza-
beth river, in or near the city of Norfolk, or in or near the
city of Portsmouth, and also to build its railroad in a west-
erly direction from some point on its line west of South Bos-
ton, Virginia, to some point on the line of the States of Ken-
tucky, Tennessee, or West Virginia; and the said company
may consolidate its franchises or enter into a traffic arrange-
ment with any other railroad company with which it may con-
nect; and any such railroad or other company incorporated
under the laws of this State, may for the purpose of completing
the construction and equipment of said railway of the Atlantic
and Danville railway company, guarantee the payment of the
bonds of said company or any “part thereof: provided that
should this corporation ever consolidate with any foreign cor-
poration in accordance with the provisions of this section, the
consolidated company shall always remain a Virginia cor-
poration in regard to the right of suing and being sued, when
the cause of action arises Within the State of Vir ginia: pro-
vided however, that no branch shall be built nor the right of
way acquired for such branch till after the main line has been
constructed and is ready for the running of trains on such
line as the company may adopt for its main line: and provided
furtber, that the said railroad company and its successors,
shall not have the right to the exclusive occupancy of any
mountain pass in any of the counties through which it is
authorized to construct its road.

§ 9. The following counties through which said railway
shall be constructed, to-wit: Brunswick, Greenesville, Meck-
lenburg, Surry, and Sussex, and the city of Danville, are
hereby authorized to subscribe, according to the forms pre-
scribed by the Code of Virginia, edition of eighteen hundred
and seventy-three, to the capital stock of said Atlantic and
Danville railway company, the said counties to an amount
not exceeding thirty-five hundred dollars per mile for each
and every mile of railroad the said company may construct
within the limits of said counties respectively; and the city
of Danville to an amount not more than one bundred and
fifty thousand dollars, conditioned upon the construction of
said railway east of Danville, nor more than two bundred
thousand dollars to aid the construction of said railway west
of Danville; and the county of Halitax and any other county,
except the counties of Pittsylvania and Southampton, through
which the said road or any extension or branch thereof may
pass, and any city or towns at, near, or through which the
said railroad or any extension or branch thereof May pass or
terminate, and which has not already subscribed, are hereby
respectively authorized to subscribe to the capital stock of

said company, toan amount not more than two hundred and
fitty thousand dollars respectively, as may be prescribed in
the order for the vote thereon, which order shall be entered
by the county court of any such county, or the board of
trustees, or other proper authority of any such city or town,
at the request of the said company at any time as provided
for in sections sixty-two and sixty-three of chapter sixty-one
of the Code of cighteen hundred and seventy-three: pro-
vided that any subscriptions asked tor and voted on under
the provisions of this act, for the city of Danville, shall in all
respects be in accordance with and subject to the provisions
and limitations of the present character of said city and
amendments thereto. And if it shall appear by the report
of the board of commissioners appointed by the county court,
or such board of trustees or other proper authority, as pro-
vided for in the said sixty-third section of chapter sixty-one
aforesaid, that three-fifths of the qualified voters of the
county, city, or town voting upon the question, are in favor
of the proposed subseription, and that said three-fitths in-
cludes a majority of the votes cast by freeholders at such
election, the county court, council or board of trustees, shall
at if8 next session enter of record an order requiring the
supervisors of the county, or the members of the council or
board of trustees, to attend on a day and ata place named in
the order, to curry out the wishes of the voters as expressed
at said election; but as to the city of Danville, the vote shall
conform to the requirements of the charter of said town as
sforesaid, on any vote which may be hereafter given to aid
the construction of said railway west of Danville: and pro-
vided further, that as to the county of Halifax, no election
shall be ordered or vote taken until the company has located
and adopted the line upon which the said railway shall be
constructed through said county; and further, that if the said
line shall be located and adopted so as to run by Halifax
courthouse, or within ten miles of South Boston, in said
county, then that the said company will construcé and main-
tain a branch to South Boston, immediately after the road
shall reach the courthouse, orsuch point in said county: and
provided further, that no part of the subscription made by
any of the said counties shall be due and payable until it
shall be certified that one or more miles of the said railroad
shall have been graded, and the track laid thereon in accord-
ance with the provisions of the tenth section of the act in-
corporating the said Atlantic and Danville railroad company,
approved April twenty-first, eighteen hundred and eighty-
two; and no part of the subscription of the city of Danville
shall be due and payable, and none of the bonds of the said
city shall be delivered to the said company until the said
Atlantic and Danville railroad company shall have con-
structed and have in operation a standard gauge railway
from its eastern terminus, either at Claremont, on the James

river, or some point on the Elizabeth river, to a point within
five miles of the limits of the said city of Danville: and pro-
vided further, that nothing contained tn this act shall be con-
strued to interfere with or in any wise alfect the subscriptions
heretofore voted by any county or city: and provided further,
that no county, city, or town which shall have already voted
to subscribe to the capital stock of said company shall be
bound by said vote, unless said company shall comply with
the conditions upon which said subscriptions were voted: and
provided further, that no subscription heretofore voted shall
be invalidated by reason of change from narrow to standard
gauce.

§ 15. The said railway company may, with the consent of
the proper authorities of the States of North Carolina, Ken-
tucky, Tennessee, or West’ Virginia, extend its road to such
point or points within or through said States, or either of
them, or any part thereof, as it may determine.

$16. The said railway company is hereby authorized to
construct branch roads in this State, none of which, however,
shall exceed sixty-five miles in length,

§ 17. The said railway company is authorized and em-
powered to build, operate, and maintain telegraph lines upon
the line or Jines of its read, extensions or branches in this
State, and to sell, lease, or connect the same with any other
telesns iph line or ‘lines in the State of Vir vinia.

§ 18. If said railway company shall construct its line of
standard gauge inste: ad of narrow gauge through any coun-
ties which have heretofore voted to subscribe to the capital
stock of said railway, in all respects as required by law and
by the orders of election under which such votes were given
respectively, except as to the width of gauge, such construc.
tion shall be held and treated by all courts, boards, sind officers
of such counties respectively as a compliance with the con-
ditions of such respective subseriptions, and all bonds issued
in payment of such subscriptions shall be valid obligations
of such counties respectively.

§ 19. All acts or parts of acts inconsistent with this act
are hereby repealed.

§ 20. This act shall be in force from its passage: provided
this charter is subject to amendment or repeal at the pleasure
of the general assembly.