CHAP. 193.—An ACT to incorporate the Pittsburg and Knoxville
railway company.

Approved February 7, 1890.

1. Be it enacted by the general assembly of Virginia,
That T. W. Osborn, of New York; William Miller and
John Critcher, junior, of Washington, District of Colum-
bia; John F. Dezendorf, of Norfolk, John Critcher, of
Virginia, and Waldorf H. Phillips, of New York, and
such other persons as may become associated with them
by becoming stockholders in said corporation, their suc-
cessors, Or assigns, are hereby constituted and created a
body corporate and politic under the name and title of
the Pittsburgh and Knoxville railway company, for the
purpose of constructing a railway from the southern line
of West Virginia, where it touches the county of Buchanan
or the county of Tazewell, thence in a southerly direction
through the intervening counties to the northern line of
Tennessee by and upon such line and route as the said
corporation may determine and select.

2. The said corporation shall have the right, power, and
authority to have and hold and enjoy the franchises,
rights, and privileges hereinafter provided; and shall be
capable in law to purchase property of any and every kind
and effect whatsoever, and the same receive, hold, and
enjoy, to grant, sell, mortgage, and dispose thereof; to
issue mortgage bonds upon its franchises, rights, privi-
leges, and property created, and to be created, in such
sum and to such amount or amounts as the said corpora-
tion may by its board of directors determine; to issue
such other evidences of indebtedness as may be necessary
or advisable and the said board of directors may deter-
mine; to change the name of said corporation by a ma-
jority vote of the stockholders; to consolidate the fran-
chises, rights, privileges, and capital stock with any other
railroad corporation, or corporations chartered either by the
state of Virginia or by any other state, or under the laws
of any other state; or to purchase any such railroads; to
issue capital stock of such consolidated company in place
of and in lieu of the capital stock of said corporation; to
sue and be sued, plead and be impleaded, contract and be
contracted with, to make and use a common seal, and at
pleasure to break and alter the same; to do and perform
any and all other acts and things necessary and proper;
to perform any and all other acts necessary and proper to
perfect its organization ; construct its railway and manage
and operate the same, as a common carrier of passengers
and property; to make and put in execution such by-laws
as it may deem necessary and expedient, not in contra-
vention of the laws of the state of Virginia for the gov-
ernment of and for the conducting of the business of the
said corporation, and to have and enjoy all the rights,
franchises, privileges, and immunities usually appertain-
ing to railroad corporations.

3. The capital stock of said corporation shall be two
million five hundred thousand dollars, divided into shares
of one hundred dollars each: provided, however, that the
stockholders may from time to time increase said capital
stock to such an extent and to such an amount as they
may deem to be for the best interests of the said corpora-
tion. Each stockholder shall be entitled to one vote for
each share held by him, and stockholders may vote by
proxy. A majority vote of stock, outstanding or sub-
scribed for, shall be necessary and sufficient for the adop-
tion of any and every act or resolution, the fixing the
number of, and the election of directors, but vacancies
occurring in the board of directors may be filled by the
remaining directors. No stockholder’s property shall be
liable for any debt or liability of said corporation for any
greater sum than the amount of stock held by him and
not fully paid up in cash or otherwise.

4. The said corporation shall have the right and power
to construct its railway upon and through any lands in
the atate of Virginia, along the route indicated in section
one, and the right of way for the said railway is hereby
fixed at fifty feet on either side of the centre of the road-
bed of the said railway, together with the right of emi-
nent domain; and to take timber, stone, earth, and mate-
rial from any lands adjoining the said right of way,
making compensation for the same. The said corporation
is hereby granted the authority and power to cross the
track of the railroad of any other corporation at grade or
otherwise not unnecessarily hindering or impeding the
free operation of such railroad.

5. Whenever the owner or owners of any property
through which the said corporation shall have located its
railway, or upon which any material necessary for the
construction of said railway is, cannot agree upon the
price of such property or for the purchase of such mate-
rial, then the said corporation shall through its properly
authorized representative make application to the circuit
court in the county where such property is situated, and
the judge of said court shall appoint a commission of not
more than five disinterested freeholders, a majority of
whom are hereby authorized to assess the damages to be
paid by said corporation to said owner or owners for the
right of way for the material taken; but said commission
shall take into consideration and allow for the same in its
report to the court of damages assessed, the increased
value of lands or other property of said owners resulting
from the proposed construction of said railway, and judg-
ment shall issue from said court against said corporation
for the payment of damages so assessed: provided, the
said corporation shall not be hindered, impeded, or delayed
in any manner in the construction of its railway during
or on account of any proceedings taken under the several
provisions of this seetion, but may proceed in its con-
struction upon its railway the same as if such proceedings
were not pending or had not been taken. The said court
ig hereby directed and authorized to make all necessary
rules and regulations, including compensations to be paid
by said corporation to the several commissioners for the
assessment of damages as herein provided.

6. The incorporators herein named, or a majority of them,
may at any time within eight months after the passage of
this act, and upon notice being published onve a week for
three successive weeks in any daily paper published in
the city of Richmond, convene and adopt such rules and
regulations, not inconsistent with the provisions of this
act, for the subscription of capital stock and the organi-
zation of the company as may be necessary to complete
the organization of the corporation. Such rules and regu-
lations as may be adopted shall be entered at length in
the records of the company.

7. It shall commence the construction of its railway
within two years from the first of March, eighteen hun-
dred and ninety, and complete the same within five years
from the passage of this act.

8. This act shall be deemed a public act, and the courts
of the state shall take judicial notice thereof without
special pleading.

9. All taxes, dues, and demands that miay be due to the
state of Virginia, or that may hereafter become due, shall
be paid in lawful money of the United States and not in
coupons.

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