Chap. 90.—An ACT to enable the Seaboard and Roanoke railroad
company to construct, maintain, and operate a double railroad
track on certain streets in the city of Portsmouth, in accord-
ance with a contract with said city, dated March 4, 1890.

Approved January 26, 1892.

1. Be it enacted by the general assembly of Virginia,
That the Seaboard and Roanoke railroad company shall
have power and authority to construct, equip, maintain,
and operate a double track, with such sidings as the coun-
cil of the city of Portsmouth may allow from time to time,
on Crawford street, in the city of Portsmouth, from the
North street wharves to connect with the Union depot
tracks at a point south of South street; and from the city
limits along Race avenue and the route of the present
Gosport track to,the Union depot and the Crawford street
tracks, in accordance with the provisions and under the
conditions mentioned and specified in the contract between
the said city of Portsmouth and the said Seaboard and
Roanoke railroad company, and the Atlantic and Danville
railway company, dated March fourth, eighteen hundred
and ninety.

2. That in case the owner of any lot or lots along the
line of said Crawford street or Race avenue shall be of
opinion that his lot or their lots are impaired in value by
the construction of said track, such owner or owners, if
they cannot agree with said company as to the amount of
compensation to be paid, shall have the right, within six-
ty days from the passage of this act, to apply to the court
of hustings for the city of Portsmouth for the appoint-
ment of commissioners to ascertain the amount, if any, of
such impairment, the same to be ascertained in the man-
ner prescribed by chapter forty-six, code eighteen hundred
and eighty-seven; and when so ascertained, the finding of
said commissioners shall have the force and effect of a
judgment against said company: provided should the
owner of any lot or lots on the line of said improvement
of the railroad company make oath before the court ap-
pointing commissioners that they believe that they cannot
obtain a fair assessment of values by a commission ap-
pointed from the citizens of Portsmouth, then the said
court shall appoint the commission from beyond the lim-
its of said city.

» 3. But during the pendency of such proceedings for as-
certaining the amounts to which the owner or owners of
any lot or lots along the line of said streets may be enti-
tled by reason of the impairment of value caused by the
construction of said tracks, no order shall be made nor
any injunction awarded by any court or judge to stay the
proceedings of said company in the prosecution of the
work of constructing, maintaining, or operating said
tracks, unless it be manifest that said company, its offi-
cers, agents, or servants are transcending their authority,
and that the interposition of the court is necessary to pre-
vent injury that cannot be adequately compensated in
damages.

4. The council of the city shall have power and author-
ity to grant like privileges on Crawford street, or any other
street in the city, to any other railroad company.

5. All acts or parts of acts inconsistent with the pro-
visions of this act are hereby repealed in so far as is ne-
cessary in order that the provisions of this act may be
carried into effect.

6. This act shall be force from its passage.