CHAP. 370.—An ACT to incorporate the Fincastle and Southern
Botetourt development company.

Approved February 25, 190.

1. Be it enacted by the general assembly of Virginia,
That William B. Simmons, C. M. Lunsford, C. B. Cam-
per, R. L. Housman, Charles E. Layman, J. C. Layman,
W.G. Spigie, Charles H. Vines, J. H. H. Figgat, Turner
McDowell, E. J. Burgh, James McDowell, Cyrus . Doggat,
James Godwin, R. K. Thompson, George Swann, John N.
Slicer, A. A. Woodson, and John Ross, or such of them as
may accept the provisions of this act, their associates,
successors, and assignees, be, and they are hereby, incor-
porated and made a body politic and corporate, under the
name and style of the Fincastle and Southern Botetourt
development company, and, as such, authorized and em-
powered to locate, construct, equip, and operate a dummy
railroad line, commencing ata point on or near the line
of the Shenandoah Valley railroad, at Troutville depot,
or such other point on said railroad as may be deemed
most practicable, in the county of Botetourt, runnin
thence to a point within or near the corporate limits o
Fincastle, 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
sea], and alter and renew the same at pleasure, and shall
have, possess, and enjoy all the rights and privileges of a
corporation or body politic in the law, and necessary for
the purposes of this act.

3. The capital stock of the said company shal] not be less
than thirty-five thousand dollars, and may from time to
time be increased to any amount, not exceediny five hun-
dred thousand dollars, by issue and sale of shares, the par
value of which shall not be less than fifty dollars, under
such regulations as the board of directors of said company
shall from time to time prescribe; and the directors may
receive cash, labor, material, real or personal property, in
payment to the subscriptions to the capital stock, and at
such valuation as may be agreed upon between the direc-
tore and the subscribers, and may make such subscrip-
tions payable in such manner or amounts, and at such
times as may be agreed upon with the subscribers.

4. It shall be lawful for said company to borrow money
and issue and sell its bonds from time to time for such
sums and on such terms as its board of directors may
deem expedient and proper in the prosecution of any of
its works, and may secure the payment of said bonds by
mortgage or deeds of trust upon all or any portion of its
property, real, personal, or mixed, its covenants, contracts,
and privileges, and its chartered rights and franchises,
including its franchises to be a corporation; and may, as
the business of the company may require, sell, lease, con-
vey, and encumber the same.

5. It shall be Jawful for said company to subscribe to
and hold in the capital stock of any mining or manufac-
turing or other corporation ; may lease or operate the road
and property of the said company, and guarantee or hold
the stocks of such manufacturing or other corporation.

6. The said company may acquire by condemnation,
according 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, and may connect or unite its
railroad with that of any other railroad company.

7. The said company shal]! have power to purchase, hold,
lease, and sell real estate and personal property; to mine,
manufacture, and transport all stone, all minerals and
metals, and their products; to give and receive; ,to secure
loans by mortgage or deed of trust; to build dams and
canals, mills and furnaces, and tramroads and railroads
connecting its mines or works, and from any of its lands
to any works of internal improvement, and operate the
same; and for this purpose shall have al] the privileges
and powers and be subject to all the conditions prescribed
by the laws of Virginia. ‘

8. The said company shal] be required to commence the
construction of the said dummy railroad within two years
from the passage of this act, and to complete the line
from Fincastle to the Shenandoah valley railroad within
five years; otherwise the powers, privileges, and fran-
chises hereby granted shall be ipso facto void.

9. The persons named in this act, or such of them as
shall accept the provisions hereof, shall have the power
and authority of a president and board of directors for
the purposes of organization, and for all other purposes.
They shal] continue in office until their successors shall
be elected and qualified. Each stockholder in the com-
pany shall at all meetings or elections be entitled to one
vote for each share of stock registered in his name.

10. The board of directors shall be stockholders of said
company. They shall appoint one of their number presi-
dent, and may fill any vacancy that may occur in said
board, unless by removal, in which case the same shall be
filled by the stockholders in general meeting. Whenever
ten per centum of the capital stock shall have been sub-
scribed and the board of directors shall have elected a
president, said company shall be considered legally organ-
ized, and may proceed to transaction of business.

11. 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 law upon other like
corporations or powers exercising like privileges, and all
taxes due the state or commonwealth by said company
shall be paid in lawful money of the United States and
not in coupons: provided, that for the next ten years the
said corporation shall be exempt from taxation by the
county of Botetourt and the corporation of Fincastle,
either upon the road-bed, rolling-stock, depots or other
property.

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

CHapP. 371.—An ACT amending and re-enacting sections 2008,
2010, 2011, 2015, 2017, 2021, 2022, and 2083, and repealing sections
2028, 2029, 2030, and 2031 of chapter 92 of the code of Virginia
relative to the duties of harbor commissioners of Norfolk and
Portsmouth.

Approved February 26, 1890.

1. Beit enacted by the general assembly of Virginia,
That sections twenty hundred and twenty-eight, twenty
hundred and twenty-nine, twenty hundred and thirty, and
twenty hundred and thirty-one of chapter ninety-two of
the code of Virginia be and the same are hereby repealed.

2. Be it further enacted, that sections twenty hundred
and eight, twenty hundred and ten, twenty hundred and
eleven, twenty hundred and fifteen, twenty hundred and
seventeen, twenty hundred and twenty-one, twenty hun-
dred and twenty-two, and twenty hundred and thirty-
three of said chapter ninety-two of the code, be, and the
same are hereby, amended and re-enacted so as to read as
follows:

$2008. Harbor commissioners for Norfolk and Ports-
mouth.—For the purpose of preserving and improving the
harbors of Norfolk and Portsmouth there shall be ap-
pointed a board of harbor commissioners, to consist of
seven persons, three of whom shall be appointed by the
councils of the city of Norfolk, two by the council of the
city of Portsmouth, and two by the judge of the court of
the county of Norfolk.

§2010. The jurisdiction of said board, for the purposes
of this-chapter, shall extend to the Elizabeth river and
all the branches and tributaries thereof along the water
front of the cities of Norfolk and Portsmouth and Norfolk
county. They shall have power to fix, regulate and define
the lines along said river and the branches and tributaries
thereof within which riparian owners may erect wharves,
piers, docks and other proper structures and fixtures for
commercial and manufacturing purposes: provided, that
whenever any harbor lines have been or may be hereafter
established under authority of Congress, by any proper
officer of the United States, in any of said waters, the
power herein conferred upon the said board of harbor
commissioners shall only be exercised within the Jines so
established, but they may regulate such structures as may
be erected and prevent all encroachments upon said
lines. '

§2011. They shall have authority to cause the removal of
any wharf, dock, wreck or other obstruction to navigation,
or that may in their opinion be injurious to the harbor,
or that may cause shoaling at any point in the channel
of said river, its branches or tributaries, at the expense
of the owner or party causing the obstruction: provided,
the rights of any owner of a wharf whose lines have
been heretofore fixed by authority of law shall in no
way be disturbed.

§2015. The said board shall appoint annually three har-
bor masters, one of whom shall be a resident of the city
of Norfolk, one of the city of Portsmouth, and one of
Norfolk county, to act as such within the jurisdiction of
said board, and whose jurisdiction shall be co-extensive
with the jurisdiction of the board. They may prescribe
their duties, fix their compensation, and remove them at
pleasure.

$2017. Penalty for building wharves when not author-
ized.—No person shall build any wharf or other obstruc-
tion beyond the lines fixed by said board of commission-
ers, or by authority of the United States government, and
any persons so doing shall pay the sum of twenty dollars
for every such offense, and shall, moreover, be fined twenty
dollars for every day such wharf or other obstruction shall
remain; and no person shall build or extend any wharf
or other obstruction in or upon the waters of the harbor
of Norfolk or Portsmouth, Elizabeth river or branches or
tributaries thereof, without first obtaining in writing,
from said board a permit for so doing, under a penalty of
twenty dollars for every day such wharf or obstruction
shall remain; and said board shall prosecute for the fines
and penalties imposed under the provisions of this chap-
ter relating to the waters under their jurisdiction before
any justice of the peace in Norfolk, Portsmouth or Nor-
folk county.

§2021. Vessels which are exempt from fees.—The fol-
lowing vessels shall be exempt from the payment of any
harbor master fees. unless they request the services of such
harbor master, viz: all vessels belonging to the navy of
the United States or the revenue service of the United
States, and all armed vessels of war belonging to any for-
eign navy; all other vessels of less than twenty tons bur-
dens; all vessels engaged in the Dismal Swamp canal
trade; all vessels engaged in the Albemarle and Chesa-
peake canal trade; all vessels arriving in the ports of
Norfolk or Portsmouth from inland voyages, and all ves-
sels reporting for bunker or cargo coal: all packet-boats
and steamboats regularly plying between the said ports
and any other ports of this state for the conveyance and
accommodation of passengers, or vessels putting into the
said ports in their homeward passage from places up the
Chesapeake bay or any river of this state; and all vessels
sailing under a coasting license and putting into the said
ports for supplies, and all vessels in distress. But steam-
boats or steam vessels shall pay in the harbor of Richmond
the same fees as other vessels of the same burden or class.

§2022. How other harbor masters appointed: their
bonds.—The court of any county or corporation (except
the cities aforesaid and the county of Norfolk) may, at
any time, appoint one or more harbor masters, and shall
take from each person so appointed a bond to the com-
monwealth in the penalty of five hundred dollars.

§2033. It shall be unlawful for any vessel, lighter or
other boat to lie across the county dock in Norfolk or
Portsmouth, or before any wharf, so as to obstruct the pas-
sage of any ferry-boat or steamers of regular lines, under
the penalty of twenty dollars for each offense.

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

CHAP 372 —An ACT to incorporate the Bowling Green cemetery
company.

Approved February 26, 1890

1. Be it enacted by the general assembly of Virginia,
That C. S Webb, John G. Rowe, George R. Collins, A. B.
Chandler, and W. T. Chandler, and such other persons as
they may associate with them and who may subscribe to
the capital stock of the company, be, and they are hereby,
constituted a bddy corporate and politic, to be known as
the Bowling Green cemetery company, by which name it
shall have perpetual succession and a common seal, may
sue and be sued, plead and be impleaded, contract and
be contracted with.
2. The capital stock of the said company shall not be
less than two hundred dollars nor more than two thousand
dollars, divided into shares of ten dollars each, which shall
be paid in cash or instalments as the by-laws may require ;
and the personal liability of each and every stockholder
for the debts of the company shall be limited to the
amount unpaid on the share or shares of stock subscribed
for by such stockholder. All certificates of stock shall be
under the seal of the company and signed by the president
and countersigned by the secretary. Shares of stock shall
be deemed personal property. Each stockholder shall have
one vote, in person or proxy, in the election of directors
and officers and at all the meetings of stockholders for
each share of stock held by him.

3. The said Bowling Green cemetery company shall have
the power and authority to acquire by purchase or other-
wise and hold a piece or parce] of Jand, not to exceed fif-
teen acres, near aid convenient to the county-seat of Caro-
line county, to be appropriated and used for a burying
ground and cemetery, and for that purpose may iay off the
same into lots and subdivisions of lots suitable for graves
and vaults,and may improve or ornament the same with
treesand shrubbery and flowers, and may lay out the same
with roads, walks and drives; and the lands thus acquired,
laid out and improved, and ornamented, shall be held by
the said company for the purpose of a cemetery as afore-
said and for no other purpose.

4. The said Bowling Green cemetery company may sell
and convey any of the lots or subdivisions in the said
cemetery tor burial purposes on such conditions as they
may prescribe in their by-laws, and the lots thus conveyed
shal! be held for burial purposes only, and shall not be sold
or conveyed by the owner out of his family after any inter-
ments have been made therein; and they shall not be at
any time sold or subject to sale by any order of court, nor
shall they at any time be sold to or owned or used by anv
person except he be a white person.

5. The officers of the said Bowling Green cemetery com-
pany shal! be a president, treasurer, secretary, and a board
of three directors, composed of white persons, who shal]
be elected at the general and annual meeting of the stock-
holders, to be held on the fourth Tuesday in May of each
year, at which annual meeting each stockholder may, in
person or by proxy, cast one vote for each share of stock
that he or she may hold. A majority of all the votes cast
shall be necessary to elect said officers.

6. A special meeting of the stockholders may be held
at any time by the call of the president and board of
directors on their giving five days’ notice of the time and
place of such meeting to the stockholders resident in
Caroline county, when they may transact any and al:
business, and do any and all things that may be trans-
acted and done at the regular and annual meeting.

7. A survey and plat showing the walks and roads, and
the number, size, and location of lots, of the grounds of
the cemetery shali be made, and a copy thereof may be
filed and recorded in the clerk’s office of the county court
of the county of Caroline. And no street, lane, road or
alley shall be made over the land of the said company
without its consent, nor shall the said land be condemned
or taken for public use without the consent of the com-

any: :

8. The said company or any owner of any lot may dig
a vault in his lot, or adorn it by a monument or tomb-
stones, or shrubbery or flowers, which are not by their
branches or roots or otherwise, detrimental to the adjacent
lots or ornaments, or are not unsightly and inconvenient
to visitors; and if they are in the judgment of the board
of directors detrimental or unsightly or inconvenient,
then the board of directors may order their removal,
either specially or by such general laws as they may
adopt; and if they are not removed within the time
specified, then the board of directors may order and cause
them to be removed at the cost and charge of the party or
parties that own the lot, and may collect the same by war-
rant or action, according to the amount.

9. No interest of a lot holder in the property of said
company shall be subjected in any way to the payment of
debts, pass by insolvency or into the hands of executors
or administrators, or be liable for taxes of any descrip-
tion, but the rights and interests shall remain in the fami-
lies of each according to the course of descent.

10. The justices of the peace of the county of Caroline
and the county court of said county shall have jurisdic-
tion over all offenses against the laws of this state com-
mitted upon the property and within the grounds of the
cemetery of said company, and all the ordinances of the
town of Bowling Green relating to matters of police shall
extend over the said grounds, and for such purpose the
said grounds shall be considered within the limits of the
town of Bowling Green, and the mayor of said town shall
have jurisdiction of all violations of said ordinances.

11. The said company shall be subject to all the general
laws of this state relating to corporations not inconsistent
with this act.

12. The persons named in the first section of this act,
or any two or more of them, may open books of subscrip-
tion to the capital stock of said company, and when two
hundred dollars of the capital stock shall have been sub-
scribed, may organize said company by the election of the
officers and board of directors provided for by this act,
who shal] hold their office until the fourth Tuesday in
May, eighteen hundred and ninety-one.

13. All taxes due or to become due the commonwealth
by this company shall be paid in lawful money of the
United States and not in coupons.

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