CHAP. 633.—An ACT to repeal section 11 of an act approved the
— day of February, 1890, entitled an act to provide a new char-
ter for the town of Abingdon.

Approved March 6, 1890.

1. Be it enacted by the general assembly of Virginia,
That section eleven of an act approved the — day of
February, eighteen hundred and ninety, entitled an act to
provide a new charter for the town of Abingdon, be, and
the same is hereby, repealed.

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

CHapP. 634.—An ACT to incorporate the Washington Zine com-
pany of Lynchburg, Virginia, and to ratify the charter and
amended charter thereof as granted by the judge of the circuit
court of Roanoke county, Virginia, and acts done under the
same, and to grant to it additional powers.

Approved March 6, 1890.

1. Be it enacted by the general assembly of Virginia,
That whereas the judge of the circuit court of Roanoke
county, in vacation, granted a charter of incorporation to
the Washington zinc company on the eleventh day of
August, eighteen hundred and eighty-eight, which was
recorded in the office of the secretary of the common-
wealth; and whereas the judge of the said circuit court,
on the eighteenth day. of March, eighteen hundred and
eighty-nine, amended the said charter so as to read as fol-
lows, to-wit:

First. The name of the company is to be the Washing-
ton zinc company.

Second. The purposes for which it is formed are to
carry on the business of mining zinc in the counties of
Botetourt, Roanoke, or elsewhere, and of reducing zinc
in or near the city of Lynchburg, in Campbell county, at
works there to be located; to borrow money to carry these
objects into effect, and to use all suitable means to carry
on such business.

Third. The capital stock of the company is to be not
less than five hundred thousand dollars and not more
than one million dollars; and subscriptions may be re-
ceived, payable in money, labor, land, or other property,
material, or supplies. The stock of the company shall be
divided into shares of ten dollars each.

Fourth. The amount of real estate to be held by the
company at any one time shall not exceed one thousand
acres, nor one million doljars in value, unless by enhare-
ment in value after purchase by the company.

Fifth. The principal office of the company shall be in tr-
city of Lynchburg, in Campbell county, Virginia: az
the reduction works of the company shall be establishe
in or near the city of Lynchburg, Campbell county. V::-
ginia.

Sixth. The chief business to be transacted by the cos-
pany will be the mining and reduction of zinc—the m::-
ing to be in the counties of Botetourt, Roanoke or *is-
where, and the reduction to be in or near the city of
Lynchburg, in the county of Campbell, the purchase and
sale of zinc, and the transaction of business incident t>
such matters. |

Seventh. The names and residences of the officers whe
for the first year are to manage the affairs of the companr
until its next annual meeting are as follows: President.
General W.S. Rosecrans, Washington, District of Colum-
bia; vice-president and general manager, John H. Bar-
lett, Lynchburg, Virginia; secretary and treasurer. P. A.
Krise, Lynchburg, Virginia. Directors, W. S. Rosecrans.
Washington, District of Columbia; John W. Daniel, Lyncb-
burg, Virginia; John H. Bartlett, Lynchburg, Virginia:
John Lynch, Washington, District of Columbia; Charles
Early, Washington, District of Columbia; Robert Slaugb-
ter, Lynchburg, Virginia; Thomas D. Evans, Lynchburg.
Virginia. And whereas, the said company now desires 8
legislative charter for the same with additional powers:
therefore, be it further enacted by the general assembly «:
Virginia,

2. That the aforesaid charter and amended charter of th
Washington zinc company be, and they are hereby, declared
valid, and all acts done under them to be of the same fore
and effect as if said charter and amended charter had
been granted by act of the general assembly of Virwinis.

3. That the said company shall have power to manufse-
ture and sell any of the bi-products of their ores, such 3:
mineral, paint, or other thing into which eaid bi-produc’:
enter as ingredients.

4. That the exchange of the stock of said company te:
property, mining rights, minerals, services, or other thing
is hereby authorized; and any such exchange heretofor
made is hereby ratified; and stock so exchanged shall &
deemed paid up to all intents and purposes.

6. The officers and directors of the company as at pres
ent organized shall continue until a meeting of stock-
holders, and at such meeting the stockholders may deter.
mine the number of directors for the future, not exceeding
eleven.

6. This act shall be in force from ite passage.
CuHaApP. 635.—An ACT to incorporate the Portsmouth and Rich-
mond railway company.

Approved March 6, 1890.

1. Be it enacted by the general assembly of Virginia,
That Eugene T. Lynch, John C. Short, James L. Mont-
gomery, William A. Miner, Robert T. Clark, Oscar H.
Short, Eugene T. Lynch, junior, and Frank W. Allin, of the
city and state of New York; William H. Peters, and J. T.
Lawless, of the city of Portsmouth, Virginia; William H.
White, and Theodore S. Garnett, of the city of Norfolk,
Virginia, their associates, successors, and assigns, be, and
they are hereby, declared a bddy politic and corporate by
the name and style of the ‘“‘ Portsmouth and Richmond
railway company,” for the purpose of locating, construct-
ing, equipping, maintaining, and operating a railway from
some suitable point on the western side of the Elizabeth
river, in or near the city of Portsmouth, Virginia, through
the counties lying on the western and southern side of
James river to some suitable point In or near the city of
Richmond, Virginia.

2. Said company may build its road by such route as it
may deem most advantageous and expedient, and shall
have the right to cross any navigable stream on its route:
provided, a draw sufficient not to impede navigation is
placed on its bridges over said streams, and shall have
the further right to build branch tracks of twenty miles
in length through such routes as said company may deem
necessary for the successful operation of its road.

3. Said company shal] have the right to cross at grade,
over or under, intersect, join, or unite its railway with any
other railway. now built or constructed, or hereafter to be
built or constructed, at any point on its route upon the
grounds of such railway company, with necessary turn-
outs, sidings, switches, and other conveniences in further-
ance of the object of its construction. But the said rail-
way company shall not lay its tracks across the tracks of
any other railway company at grade until the terms and
plans of such crossings have been agreed to by such other
roads; and should said railroads not be able to agree upon
the terms and plans of such crossings, the question shall
be submitted to arbitration of persons, one selected by
each party, and the arbitrators failing to agree, they shall
call in an umpire to decide between them.

4. The said company shall have perpetual succession
and a common seal, which it may renew or alter at pleas-
ure, and it shall be entitled to all the rights and privi-
leges conferred and be subject to all the restrictions im-
posed by the laws of Virginia, as far as the same are
applicable and not inconsistent with this act.

5. It shall be lawful for said company to acquire, in sub-
scription to the capital stock of said company, or by dona-
tion, money, land, or other damages, labor, work, material,
honds, and other means available for that purpose; and
to receive subscriptions from individuals, other companies,
associations, or corporations; and the said company may
sell, lease, or otherwise dispose of any lands or properties
acquired under this section: provided, this section shall
not be so construed as to authorize said company to ac-
quire, by purchase or otherwise, in any county or corpora-
tion, more land than is necessary for the operation of said
company as & common carrier.

6. It shall be lawful for any incorporated company to
nid in the construction of said railway, and for that pur-
pose may acquire the bonds and stock of said company,
and the said company may run, use, or operate, by lease
or otherwise, and connect or consolidate with any other
railway or transportation company, not a competing line,
upon such terms as may be agreed upon.

7, The capital stock of said company shall not be less
than one hundred thousand dollars, nor more than one
million dollars, divided into shares of one hundred dollars
each. In all meetings of the stockholders each share shall
be entitled to one vote. Said company may, with the
consent of a majority of the stockholders, increase its
capital stock from time to time to an amount necessary
for constructing and operating such railway, such increase
to he made at a regular or a called meeting for the pur-
pose, and upon such notice as.may be necessary or proper.
and not to exceed seven million dollars.

8. Said company shall have power to borrow money to
such an amount as it may deem proper and necessary, and
to issue for any loan debentures or bonds of the said com-
pany, bearing interest at such rates per annum as the
company may determine. Said debentures may be ex-
pressed in dollars or pounds sterling; and to secure the
payment of such loan or loans said company may execute
one or more mortgages or deeds of trust on the whole or
any part of its property, real, personal, and mixed, its
charter rights, franchises, and income.

9 The corporators herein mentioned shall have the
power and authority of a president and board of directors,
forthe purpose of organization otf said company, and for ali
other purposes, and until a president and board of direc-
tors shall be selected ata stockholders’ meeting: and said
meeting shall be held as soon as the minimum capital
stock shall have been subscribed, and after such notice as
the said incorporators may deem proper.

10, The satd company shall commence work under this
act within two years from the first day of March, eighteen

hundred and ninety, and complete the same within ten years

from that date; otherwise, this act shall be null and void.
11. All taxes to the state of Virginia shall be paid in

lawful money of the United States and not in coupons.
12. This act shall be in force from its passage.

CHAP. 636 —An ACT to enable the town of Fincastle to subscribe
to the capital stock of the Fincastle and Southern Botetourt
development company.

Approved March 6, 1890.

1. Be it enacted by the general assembly of Virginia,
That for the purpose of constructing a dummy railroad as
a branch railroad from the town of Fincastle to the Shen-
andoah Valley railroad at or near Troutville, in the county
of Botetourt, the sense of the qualified voters of said
town being taken at an election to be held after at least
twenty days’ notice of the time and place shall be posted
and published at five or more public places in said town,
at which election shall be voted “For the subscription”
and “ Against the subscription.” And if a majority of the
freeholders voting, and also of the votes cast, are in favor
of the subscription it shall be lawful, and the mayor and
common council of the town are hereby authorized to
make the subscription to the said capital stock of said
company and to bind the said town in an amount not
exceeding ten thousand dollars for the purpose aforesaid,
and to appoint proxies to represent the shares of said
stock in all meetings of the stockholders of said company.

2. To raise the same the mayor and common council
are authorized to issue bonds, registered or coupon, bear-
ing interest not exceeding six per centum, payable annu-
ally in multiples of one hundred dollars; the bonds to be
signed and sealed by the mayor and countersigned by the
recorder and payable in twenty years from this date, or
upon call of the corporation aforesaid at any time after
the expiration of ten years from their date; and the cou-
pons signed by the mayor, payable annually, and receiva-
ble in payment of all levies or dues to the said town.

3. The said town shall levy and collect annually an
amount not less than seven per centum on the amount of
bonds so issued, to be applied to keeping down the inte-
rest and to the formation of a sinking fund to be imposed
annually for the ultimate redemption of the bonds.

4. The bonds to be negotiated and sold in such manner
as the mayor and common council may prescribe, but not
at less than par.

5. This act shall be in force from its passage.
CHAP. 637 —An ACT granting the right to the Virginia. Misaosr:
and Western railroad company to build its road through tw:
State of Virginia.

Approved March 6, 1890.

1. Be it enacted by the general assembly of Virgins.
That the Virginia, Missouri and Western railroad con-
pany, a corporation organized under the general railrosa
laws of the state of Tennessee, its associates and succerés-
ors, be, and it is hereby, authorized that said compar:
construct and maintain all that part of its main line of
road that may be required to be constructed in the nics!
suitable direction eastward, and from the most convenu!
point on the North Carolina state line west of that point
of the intersection of Grayson and Carroll counttres. 1:
Virginia, and the North Carolina state line, and throug
the following counties of Virginia: Grayson, Carron.
Patrick, Henry, Pittsylvania, Halifax, Mecklenburg.
Brunswick, Greensville, Southampton, Isle of Wight.
Nansemond, and to the most convemient point en dep
water, in Norfolk county.

2. That said company shall have. the right to cross over
or under or at grade any other railroad or other transper-
tation lines which is or may hereafter be constructed and
operated in Virginia; also to connect with each line ot
road that said company may cross, and to do this ful
power is hereby given to said company to make and exe-
cute contracts with any other company as will secure the
object of such connection by purchase, lease, or otherwis.
and for the purpose of carrying out this act the said com-
pany shall be and is authorized and empowered to survey.
locate, construct, equip, maintain, and operate al] that
portion of its road in the state of Virginia, either singi
or double track, as said company may deem advisahl-:
that said road and branches is to be a standard gauge.

3. That said company shall have perpetual succession.
may sue and be sued, contract and be contracted with.
plead and be impleaded, have a common seal, and change
the same at pleasure, and shall have all the rights and
privileges of a corporation, and be subject to all the rules
and regulations and restrictions imposed by the laws of
Virginia in relation to joint stock companies so far s-
they are applicable to and not inconsistent with the proe-
visions of this act.

4. That said company is hereby invested with all the
powers conferred by the general laws of the state, subject
to all the general restrictions provided by said laws, aud
the said company may appropriate and occupy so much
land as may be necessary for the construction of said rail-
road and its branches along the route thereof; but not to
exceed two hundred feet in width for its main line, and
one hundred feet in width for its branches; also, so much
land as may be required for depots, shops, and other pur-
poses of said company, subject, however, to the valuation
and appraisement of value to be determined as provided
for by the statute governing the condemnation of lands,
unless otherwise given as a free gift to said company by
the owners of said land.

5. The said company shall have the right to construct
its docks, wharves, and grain elevators at such locations in
Norfolk county as will suit the purposes of said company ;
also, to construct all other buildings and conveniences,
and to make all improvements that may be deemed neces-
sary or desirable to promote the interest of said company
in carrying out the provisions of this act.

6. That said company is authorized to purchase and
hold real and personal estate in any part of the state of
Virginia, in fee simple or otherwise, as it may deem neces-
sary, proper, or desirable for the purposes and objects of
the company, and the same or any part thereof, to dispose
of in parcels or otherwise, in fee simple or otherwise, and
on such terms, conditions, and restrictions not repugnant
to the laws of this state or of the United States, as the
said company may see fit.

7. That the capital stock of said company shal! not be
less than eight million of dollars for that portion of its
main line in Virginia, which may be increased from time
to time for the construction of its branches, or as may be
required for the company’s expenditures in other improve-
ments in the state of Virginia, as may be determined by
a majority of the stockholders of said company. Al] the
stock of said company is divided into shares of one hun-
dred dollars each, and shall he disposed of upon such
terms and payments as may be decided upon by the said
company. That said stock shall be deemed as personal
property and sold as such.

8. At all the meetings of the stockholders of said com-
pany, each stockholder shall be entitled to one vote for
each share of stock standing in his or her name on the books
of the company; and the holder of any and al! fully paid
shares, shall be exempt from all liability whatever as to
such paid-up shares. This act shall be subject to amend-
ment or modification at the pleasure of the general assem-
bly, and it is agreed that the company will always pay its
taxes in lawful money of the United States.

9. The said company shall commence the work of con-
structing its road in two years, and complete the same in
ten years from the passage of this act, and a failure to do
so shall operate as a forfeiture of ull the rights and fran-
chises herein granted.

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