Chap. 189.—An ACT to amend and re-enact sections 1 and 2 of an act
entitled an act to incorporate the Danville and New River Narrow
Gauge railroad company, approved March 29, 1873, as amended by
an act approved March 20, 1877, and as further amended by an act
approved March 6, 1882, and also to amend and re-enact section 7
of the same act as amended by an act approved March 6, 1886.

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Approved May 12, 1887.

1. Be it enacted by the general assembly of Virginia, That
sections one and two of an act entitled an act to incorporate
the Danville and New River Narrow Gauge railroad com-
pany, approved March twenty-ninth, eighteen hundred and
seventy-three, as amended by an act approved March twen-
tieth, cighteen hundred and soventy-seven, as further amended
by an act approved March sixth, eighteen hundred and eighty-
two, and that section seven of the same act as amended by an
act approved March sixth, eighteen hundred and eighty-six,
be amendcd and re enacted so as to read as follows:

§1. Be it enacted by the general assembly of Virginia,
That W. T. Sutherlin, W. T. Clark, John M. Johnson, L. M.
Shumaker, Abner Anderson, P. Bouldin, John D. Glass,
Robert H. Trotter, and F. B. Gravely, of the county of Pitt-
sylvania, Virginia; B. F. Gravely, W. D. Stultz, John F.
Bedigo, L. S. Thomas, George D. Gravely, John Rangely,
John H. Schoolficld, William Martin, D. H. Spencer, and
Samucl J. Mullins, of Henry county, Virginia; Frank R.
Penn, Edwin Zentmeyer, Perry McArthur, i. W. Rey nolds,
John Staples, W. T. Noell, M. Turner, J. W. Akers, Charles
Ross, Junior, Stephen H. Turner, Wellington Thomas, M. T.
Lawson, Thomas Debart, John W. Gates, Jefferson Moore,
and Samuel Dobyns, of Patrick county, Virginia; Edward
Marshall, James L. Mitchell, James B. Johnson, Aaron Cos,
A. W. C. Nowlin, Martin Dalton, James Early, John Early,
B. W. Dobyns, and Garland Hale, of Carroll county, Vir-
ginia; Alexander Chaftin, Robert Jackson, Albert Oglesby,
J.C. Roper, Thomas Wood, P. C. Crockett, D. C. Grabam,
John Robinson, and Joseph J. Graham, of Wythe county,
Virginia; Lewis H. Bryant, 8. M. Fulton, P. G. Hale, Jobn
Dickinson, M. B. Cox, and J. B. Hash, of Grayson county,
Virginia, or such of them as may accept the provisions of
this act, and such persons and corporations as may become
associated with them in the manner hereinafter provided,
shall be and are hereby constituted a body politic and _ cor-
porate by the name of the Danville and New River railroad
‘company, and in that name shall have all the powers, rights,
privileges, and franchises necessary and proper to locate,
construct, and maintain a railroad to be known as the Dan-
ville and New river railroad, to begin at Danville or at some
point on the Virginia Midland railway, in Pittsylvania county,
aforesaid, within the corporate limits of the town of North
Danville, Virginia; and thence from and through said town
of Danville and the counties of Pittsylvania, Henry, Patrick,
Carroll, or Floyd, or any or either of said counties, and
through any other counties in the State of Virginia, to some
point on the line between the State of Virginia and the States
of West Virginia, Kentucky, and Tennessee, or to connect
with any railroad of this or a bordering State, together with
such branch, lateral, and connecting lines of railways as said
company may deem necessary and advantageous to the com-
pletion and successful operation of its railroad in addition to
the branch and lateral roads provided for in section five of
this charter: provided that no branch line hereby authorized
shall be put in operation until that portion of the main line
where such branch connects, shall be completed and put in
operation: and provided further, that neither the said com-
pany or its successors shall have the right to the exclusive
occupancy of any mountain pass in any county through
which it is authorized to construct its road.

§ 2. That the capital stock of said company may be five
million dollars, to be divided into shares of one hundred dol-
lars, and may be increased from time to time by the board of
directors to such an amount as may be necessary for the com-
pletion of said road; and the board of directors of said com-
pany, their successors, and assigns, to fully construct and
equip said railroad, shall also have the power to issue bonds
in such sums not less than one hundred dollars each, and
bearing interest not exceeding the rates allowed by law, pay-
able (principal and interest) at such times and places and in
such manner as may be decmed most advantageous to said
company, and may secure the same by one or mortgages on
the road, franchises, income, and real and personal property
of the company, or such parts thereof as may be designated
in the mortgage or mortgages; and that for the purpose of
carrying into effect any plan for the reorganization of said
company, or the organization of its successor company, bonds
may be issued and a deed or deeds of trust of the property
and franchises of the company created to secure the same, on
the terms and for the purpose prescribed by such plan, and
such bonds may provide for a right on the part of the bond-
holder, or on the part of the company, to convert the same
into stock of the company as may be agreed upon by such

lan.

§7. The said company shall have power to cross at grade
or above or below grade, to unite or connect with any line of
railroad now constructed or that may be constructed in the
State, or may acquire by lease or purchase the Roanoke and
Soutbern railroad, or any other line of railroad now con-
structed or that may be constructed in the State of Virginia,
or may lease or sell its line of railroad to any railroad com-
pany in the State of Virginia, or may consolidate its stock
and franchises and property with the said Roanoke and
Southern railroad company, or with any company in any
other State with which the Roanoke and Southern railroad
company shall have consolidated its stocks, franchises, and
property, or may consolidate its stocks, franchises, and prop-
erty, or with any other company in the State of Virginia, and
shall have power to make all contracts necessary for carrying
out the provisions of this section. The said lease or pur-
chase or consolidation of lines to be on such terms and con-
ditions as the majority of its stockholders at any special
stockholders’ meeting may approve: provided that should the
road ever consolidate with a foreign corporation, it shall
always remain a Virginia corporation as regards the right of
suing and being sued.

4. All acts or parts of acts in conflict with this act are
hereby repealed.

S. It is agreed that the company will always pay its taxes
in lawful money of the United States and not in coupons.

6. This act shall be in force from its passage: provided
that this charter shall be subject to amendment, modification,
or repeal at the pleasure of the gencral assembly.