CHAP. 29.—An ACT to incorporate the Washington and Western
railroad company.

Approved December 20, 1889.

1. Be it enacted by the general assembly of Virginia,
That Henry Fairfax, McK. W. Jones, R. W. Moore, Frank
P. Clark, Clarence H. Clark, F. J. Kimball, D. W. Flickwir,
W.C. Bullitt and Joseph J. Doran, or such of them as may
accept the provisions of this act, their associates, success-
ors and assigns, be and they are hereby incorporated and
made a body politic and corporate under the name and
style of the Washington and Western railroad company,
and as such are authorized and empowered to locate, con-
struct, equip and operate a railroad commencing at a point
on or near the Potomac river, opposite to or in the vicinity
of Washington, District of Columbia, running thence to
a point in Virginia on the line of the Shenandoah Valley
railroad company, to be hereafter determined by the stock-
holders and directors of the Washington and Western
railroad company, with the right to extend the same to the
West Virginia state line by such route as may be deemed
most advisable by the directors of said company, and by
that name shall be known in law.

2. The said company shall have perpetual succession,
and have power to sue and be sued, plead and be im-
pleaded, defend and be defended in all courts, whether in
law or in equity, and may make and have a common seal
and alter or renew the same at pleasure, and shall have,
possess and enjoy all the rights and privileges of a corpo-
ration or body politic in the law and necessary for the
purposes of this act. .

3. The capital stock of the said company shall not be
less than fifty thousand dollars, and may from time to
time be increased to any amount not exceeding five million
dollars, by issue and sale of shares, preferred or common
stock, or both, upon such terms and conditions and under
such regulations as the board of directors of said com-
pany shall prescribe, the par value of which shall be not
less than one hundred dollars; and the directors may
receive cash, labor, material, bonds, stock, real or personal
property in payment of subscriptions to the capital stock
at such valuation and at such prices as may be agreed
upon between the directors and the subscribers, and may
make such subscriptions payable in such manner or
amounts and at such times as may be agreed upon with
the subscribers; and whenever one hundred shares shall
have been subscribed to, and the sum of ten thousand
dollars paid in cash, the subscribers, under the direction
of any five of the incorporators hereinbefore named, who
themselves shall be subscribers, may organize the said
company by electing a president and board of directors,
and by electing or providing for the appointment of such
other officers as may be necessary for the control and
management of the business and affairs of said company;
and thereupon they shall have and exercise all the powers
and functions of a corporation under their charter and
the laws of this state.

4, It shall be lawful for said company to borrow mone
and issue and sell its bonds from time to time for suc
sums and on such terms as its board of directors may
deem expedient and proper for any of the purposes of the
company, and may secure the payment of said bonds by
mortgages or deeds of trusts upon all or any portion of
its property, real or personal and mixed, its contracts and
privileges, and its chartered rights and franchises, includ-
ing its franchise to be a corporation; and it may, as the
business of the company shall require, sell, lease, convey
and incumber the same.

5. It shall be lawful. for said company to subscribe to
and hold shares in the capital stock of any mining, manu-
facturing, or other corporation; and any mining, manu-
facturing, or other corporation may subscribe to, guaran-
tee, or hold the stock or bonds of the said company.

6. The said company is authorized and empowered to
locate, construct, equip and operate any lateral or branch
roads or tramways, which a majority of its stockholders
may determine to construct, maintain, equip and operate,
and by such route as may be determined by its board of
directors; and the said company may connect or unite its
said road with that of any other company or companies,
or consolidate and merge its stock, property and fran-
chises with and into those of any other company or com-
panies operating or authorized to operate a connecting
line of railroad upon such terms and under such name as
may be agreed upon between the companies so uniting or
connecting, merging or consolidating; and for that pur-
pose power is hereby given to it and to such other company
or companies to make and carry out such contracts as will
facilitate and consummate such connection, merger, or
consolidation, or any lease or sale; provided that a copy
of every such contract of any consolidation and merger
be filed in the office of the board of public works.

7. The company may acquire by condemnation, accord-
ing to the laws of Virginia, the lands required for the
right of way of its railroad and the necessary stations
and depots ‘for its operation.

8. The said company shall be required to commence the
construction of the said railroad within two years from
the passage of this act, and.to complete the construction
of its main line to the point of connection with the
Shenandoah valley railroad company within twelve years
thereafter; otherwise the powers, privileges and fran-
chises hereby granted shall be ipso facto void.

9. Each stockholder in the company shall at all meet-
ings or elections be entitled to one vote for each share of
stock registered in his name. And the president and
board of directors of said company may enact such
by-laws, rules and regulations for the management of the
affairs of said company as they may deem proper and
expedient.

10. The board of directors shall be stockholders of said
company. and shall consist of such number as the stock-
holders may determine upon, and shall be elected at the
stockholders’ annual meeting, to be held on such days as
the by-laws of the company may direct, and shall continue
no office for the term of one year from and after the date
»f their election, and until their successors are elected
and accept the duties of the office, and they shall appoint
»ne of their number president, and in case of the death,
resignation or incapacity of any member of the board of
directors during his term of office, the said board shall
2lect his successor for the unexpired term.

11. Any county, town or city along the line of said
railroad, or any county adjoining another county through
which such line passes, may, pursuant to the general laws
of Virginia, subscribe to the capital stock of the said
railroad company, and the said company is authorized to
accept the same.

12. Whenever the corporation shall exercise any of the
privileges conferred by this act it shall be liable to the
same taxes as may be imposed by the law upon other like
corporations or persons exercising like privileges, and all
taxes due the commonwealth by said company shall be
paid in lawful money of the United States, and not in
coupons.

13. This act shall be in force from its passage, but the
general assembly of the state of Virginia reserves to itself
the right to alter or repeal this act at any time hereafter.