CHAP. 232.—An ACT to incorporate the Radford school of mines.

Approved February 17, 1890.

1. Be it enacted by the general assembly of Virginia,
That J. Hoge Tyler, Waller R. Staples, William Ingles,
William R. Wharton, John G. Osborne, F. J. Kimball,
John R. Johnson, James L. Radford, Hugh Moore, Stock-
ton Heth, J. D. Peters, Joseph I. Doran, or such of them
as shall accept this act, with such other persons as may
hereafter be associated with them, and their successors,
be, and they are hereby, constituted a corporation to be
known as the Radford school of mines, by which name
they shall have perpetual succession and a common seal,
which they may alter at pleasure, shall sue and be sued,
and shall have and exercise all the rights, powers, and
privileges pertaining to corporations and necessary for the
purposes of this act.

2. The corporation shall have the following powers in
addition to the general powers above mentioned, and these
powers, or such of them as it shall exercise, are the pur-
poses for which the corporation shall exist:

First. To maintain at Radford, in Montgomery county,
of this commonwealth, a school for the instruction of
young men in mining and engineering, and in all branches |
of physical science and mechanical arts; and, upon their
graduation or attainment of proficiency in their studies,
to award diplomas or certificates to them, and to confer
upon them such degrees as the corporation may designate.

Second. To maintain and operate at convenient points
in this state, mines, furnaces, and workshops of all kinds
for the practical instruction of the students of the school,
and to sell the product thereof.

Third. To extend to meritorious students of insufficient
means, who shall have received degrees from the corpora-
tion, such pecuniary assistance as will enable them to
pursue their studies or researches at any university, col-
lege, or other school in Virginia or elsewhere.

Fourth. To maintain a scientific library and museum
at Radford.

Fifth. To conduct lectures and courses of lectures at
Radford and elsewhere on scientific subjects.
3. To enable the corporation to exercise the powers
hereby granted, or any of them, it may either absolutely,
or as trustee, acquire, by purchase, gift, or otherwise, all
kinds of property, real, personal, and mixed, including
the stock and bonds of corporations and the obligations
of individuals, and may hold and use the same, and take
the rents, issues, profits, and income thereof for the pur-
poses aforesaid, and may sell, transfer, and dispose of the
said property in any manner, at any time or times, and
on any terms; and all property and the rents, issues,
profits, and income thereof, while owned by the corpora-
tion, shall be wholly exempt from taxation; and the cor-
poration shall also have power to borrow money for the pur-
poses of the school and to secure the payment of the same
by mortgage or deed of trust of any part or all of the
property and franchises of the school.

4. The corporation shall have full power to adopt and
regulate courses of instruction, and to charge and to collect
fees therefor, as well as for the use of its library and
museum, and for attendance upon lectures; to remit fees
at its pleasure, and to prescribe and enforce such regula-
tions not inconsistent with the laws of the United States
and of this commonwealth as it may deem proper for the
conduct of its affairs, for the order an@ discipline of the
students who receive instruction from it, and for the man-
agement of its mines, furnaces, workshops, library, mu-
seum, and lectures.

5. The corporation shall, when fully organized, consist
of twenty-one members. The corporators hereinbefore
named, or such of them as shall accept this act, shall,
within one year after such acceptance, elect the remainder
of the twenty-one members, and thereafter vacancies in
the corporation caused by death or resignation or other-
wise, shall be filled in whatever manner the corporation
may by a majority vote prescribe. .

6. The officers of the corporation shall be a president
{who shall be one of the members of the corporation, and
not an instructor), a secretary, a treasurer, a dean, and
such others as the corporation may appoint.

7. Meetings of the corporation shall be held annually
at such times and places as the corporation may deter-
mine. At all meetings members of the corporation shall
be entitled to vote by prexy, and after it shall have been
fully organized, eleven members shal! constitute a quorum
for the transaction of business.

8. This act shall be in force from its passage.
CHAP. 238 —An ACT to amend the charter of the White Hall
Mining and Milling company of Virginia, enlarging its corpor-
ate powers and franchises, and enabling it to purchase, lease,
construct and operate tramroads and railroads from and to its
lands, mines and works, with all uecessary terminal facilities
and for other purposes. :

Approved February 17, 1890.

Whereas it appears that the charter of incorporation
granted by the honorable W. S. Barton, judge of the tenth
judicial circuit of Virginia, on the sixth day of July, Anno
Domini eighteen hundred and eighty-two, to Garrick Mal-
lery, Horatio Browning, and others, under the corporate
name of the “ White Hall gold mining and milling com-
pany of Virginia,” is inadequate in the scope of the rights,
powers, and privileges therein conferred to enable the said
company to develop fully and utilize its various timber
tracts, gold and iron ore, and other minerals, because of
lack of powers and franchises undef said charter in said
company to construct, own, equip, operate, and maintain
the tramroads and railroads needful for the successful
mining, milling, and manufacturing operations of said
company, as will appear by said charter of incorporation,
namely: This is to certify that the subscribers, Garrick
Mallery, Oscar A. Stevens, Edmund L. Du Barry, Horatio
Browning, and James R. Archer, desire to form a joint
stock company for the conduct of the enterprise or busi-
ness following, to wit: the mining, milling and sale of
gold, silver, and other metals. The name of the company
is to be the White Hall gold mining and milling company
of Virginia; the purposes for which it is to be formed is
the conduct of the enterprise or business hereinbefore
described; the capital stock of the company is to be not
less than twenty-five thousand dollars and not more than
five hundred thousand dollars, and is to be divided into
shares of twenty-five dollars each; the amount of real
estate proposed to be held is about eight hundred acres of
mineral land in Spotsylvania county, Virginia; the prin-
cipal office of the company is to be kept and chief business
of the company is to be transacted in the county of Spot-
sylvania, Virginia, with a branch office in the city of
Washington, District of Columbia. The following are the
names and residences of the directors and officers, who, for
the first year, are to manage the affairs of the company:
Directors, Garrick Mallery, Oscar A. Stevens, Edmund L.
Du Barry, Horatio Browning, James R. Archer, of Wash-
ington, District of Columbia. Officers: president, Garrick
Mallery, vice-president and general manager, Oscar A.
Stevens; secretary and treasurer, Edmund L. Du Barry ;
superintendent and mining engineer, James R. Archer.

Given under our hands and seals this thirtieth day of
June, Anno Domini eighteen hundred and eighty-two.

[Signed ] GARRICK MALLERY, Seal. |

Oscar A. STEVENS, Seal. |

Epmunp L. DuBarry, [ Seal. |

Horatio BRownInNG, teed

JAMES R. ARCHER, [ Seal.

City of Alexandria,
State of Virginia,
I, O. C. Whittlesey, a justice of the peace in and for the
city aforesaid, in the state of Virginia, do certify that
Garrick Mallery, Oscar A. Stevens, Edmund L. DuBarry,
Horatio Browning, and James R. Archer, whose names are
signed to the foregoing certificate, bearing date on the
thirtieth day of June, Anno Dominieighteen hundred and
eighty-two, personally appeared before me, and severally
made, signed, and acknowledged the same before me this

day as their act and deed.

Given under my hand and official seal this third day of

July, Anno Domini eighteen hundred and eighty-two.

[Signed | O. C. WuHITTLESEY, [Seal ]

Justice of the Peace.

to-wit:

State of Virginia,
Circuit court of Spotsylvania county:

Before the honorable judge of the said court—in vacation:

Garrick Mallery, Oscar A. Stevens, Edmund L. Du
Barry, Horatio Browning, and James R. Archer, having
presented to me the foregoing certificate, made and acknow-
ledged by them as required by law in such cases, setting
forth that they desired to form a joint stock company for
the purposes therein mentioned, a charter of incorpora-
tion is hereby granted to them upon the terms set forth
in said certificate.

Given under my hand this sixth day of July, Anno
Domini eighteen hundred and eighty-two.

[Signed ] W. S. Barton,
Judge tenth circuit of Virginia.

And whereas it is represented that this absence of means
of transportation to and from the timbered tracts of land,
gold and iron ore, and other minerals, owned and con-
trolled by said company, greatly impedes the mining, mill-
ing, removal, and shipment of its products, iron and other
minerals, as well as the receiving of coal and coke required
and consumed in the carrying on of its business; and, °

Whereas it appearing to the general assembly that the
granting of ample powers and franchises to said company

47
to acquire additional lands and such railroad facilities,
will increase its capacities for greater internal improve-
ments and industrial operations, as well as create new
lines of transportation beneficial to the people of the state;
therefore, :

1. Be it enacted by the general assembly of Virginia,
That in addition to the rights, privileges, and franchises
heretofore granted said company by its charter of incorpora-
tion (hereinbefore set forth), all which are hereby ratified
and confirmed, it shall and may be lawful for the “‘ White
Hall gold mining and milling company of Virginia” to
construct, equip, maintain, and operate for all railroad
purposes a railroad from a point at or near Tolersville, in
Louisa county, connecting with the Chesapeake and Ohio
railroad, or any one or more of its branches, and thence
northeastwardly through the counties of Louisa, Spotsyl-
vania, Caroline, Stafford, and King George, and counties
adjoining said counties, or any one or more of the same, to
some point on the Potomac river at or below or between
Mathias’ Point and Quantico, with all the rights and
privileges for terminal] facilities of river transportation,
or ferriage by steamer communication or otherwise, and
subject to all the provisions of law regulating internal
improvement companies or ferries.

2. The capital stock of said company may be increased
from time to time to five millions dollars, divided into
shares of twenty-five dollars each, or such denomination
as the company, through its board of directors, may deter-
mine. But at no time shall the outstanding certificates of
stock and bonded debt of said company exceed the maxi-
mum capital stock hereby authorized.

3. That it shall and may be lawful for the board of su-
pervisors of any county, or council, or trustees of any city
or town through or to which the said railroad may run, to
donate or sell and convey to the “ White Hall gold mining
and milling company of Virginia,” rights of way, real
estate, material rights, or personalty. Donations shall
not be made until the voters of any such county, city, or
town shall have assented to the same by a vote taken in
the manner prescribed by law for voting donations by coun-
ties, cities, and towns in aid of internal improvement com-
panies. But nothing herein shall be construed as author-
izing the taking of private property for the uses of said
company without compensation therefor, to be ascertained
according tolaw: provided, that no donation by any one
county under this section shall exceed the sum of fifty
thousand dollars.

4. The said company shall have power to purchase or
lease constructed tramroads and railroads, with authority
to maintain and operate the same for passengers and
freights, as well as power to purchase, hold, lease, sell,
and convey real estate and personal property; to mine
and mill; to manufacture products and raw materials; to
give and receive credit; to secure loans by the issuance of
bonds secured by mortgage or deeds of trust or otherwise ;
to lay out manufacturing towns and sell city or town lots,
or donate any one or more of the same, or make such other
disposition of them as the company may at any time
desire; to build dams, ditches, or lay down water-pipe
supply lines; erect mills and furnaces; construct tram-
roads and railroads of standard or narrow gauge, connect-
ing its mines, lands, or works of any kind with any rail-
road or works of internal improvement, and with all the
rights and privileges necessary and proper for terminal
facilities, and with power to maintain and operate all such
rights and privileges as are herein granted; and for this
purpose the said, “The White Hall gold mining and mill-
ing company of Virginia,” shall have all the rights, privi-
leges, and powers and be subject to all the conditions
prescribed by the laws of the state of Virginia: provided,
that no such tramroads or railroads be constructed by said
company under this section except in the counties of
Louisa, Spotsylvania, Caroline, Stafford, and King George,
and counties adjoining said counties: and provided,
further, that no such constructed tramroad or railroad
shal) be more than fifty miles in length.

5. The capital stock of said company shall be personal
property, and be transferable on the books of the com-
pany; and tramroads and railroads, lands, materials or
securities, as well as money, may be received on stock
subscriptions: provided, that all future stock subscrip-
tions, not payable in money, shall be subject to ratifi-
cation by resolution to which three-fifths of the outstand-
ing capital stock shall assent in stockholders’ meeting.

6. The said company may hold land not exceeding fifty
thousand acres, provided it shall hold not more than
twenty thousand acres at any one time, in any one county,
and its principal operations shall be and its main office
located in either Louisa, Spotsylvania, Caroline, Stafford,
or King George counties, Virginia, with branch offices in
New York city, Washington, in the District of Columbia,
if desired, and such other cities as the company’s direc-
tory may determine from time to time.

7. The said company may do an express business over
its lines of railroads, and may construct, operate, and
maintain telegraph and telephone lines of communication
along and over the same for its own and public use: pro-
vided, the rates for express business and for telegraph and
telephone messages shall conform to rates paid for similar
service on lines now or hereafter operated in the state of
Virginia.
8. This charter shall] be subject to amendment, altera-
tion or repeal at any time hereafter by the general as-
sembly of Virginia, and any and all] taxes due and paya-
able by said company shall be paid in lawful money of
the United States and not in coupons.

9. This act shall take effect and become operative from
its passage.

CuapP. 234.—An ACT to provide that at the expiration of the term
of the incumbent of the clerk’s office of the circuit court of the
county of Charlotte, or on any vacancy in his said office, that
thereafter the clerk of the county court of said county shall ex-
officio be the clerk of the circuit court of said county.

Approved February 17, 1890.

1. Be it enacted by the general assembly of Virginia,
That at the expiration of the term of the incumbent of
the clerk’s office of the circuit court of the county of Char-
lotte, or on any vacancy in his said office, that thereafter
the clerk of the county court of said county, shall ex-officio
be the clerk of the circuit court of said county.

2. All laws or parts of laws in conflict with the provi-
sions of this act shall as to the same be, and are hereby,
repealed. |

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