Chap. 324.—An ACT to revive, amend and re-enact an act entitled an act to
incorporate the Portsmouth, Smithfield and Western railway company, ap-
proved March 2, 1892, as amended by an act entitled an act to amend and re-
enact sections 1,10,and 12 of an act entitled an act to incorporate the Ports-
mouth, Smithfield and Western railway company, approved March 2, 1892,
and to add an independent section thereto, approved March 2, 1894.

Approved February 12, 1896.

1. Be it enacted by the general assembly of Virginia, That an act
entitled an act to incorporate the Portsmouth, Smithfield and Wes-
tern railway company, approved March second, eighteen hundred
and ninety-two, as amended by an act entitled an act to amend and
re-enact sections one, ten, and twelve of an act entitled an act to in-
corporate the Portsmouth, Smithfield and Western railway company,
approved March second, eighteen hundred and ninety-two, and to
add an independent section thereto, approved March second, eighteen
hundred and ninety-four, be revived, amended, and re-enacted so as
to read as follows:

§ 1. Be it enacted by the general assembly of Virginia, That
William G. Maupin, junior, and T. J. Barlow, of the city of Ports-
mouth, Virginia; John T. Griffin and R. H. Norfleet, of Norfolk
county, Virginia; P. D. Gwaltney and R.S. Thomas, of Isle of Wight
county, Virginia; Doctor G. W. Butts and R. B. Hodsden, of Nanse-
‘mond county, Virginia, their associates, successors, and assigns, be,
and they are hereby, declared a body politic and corporate by the
name of the Portsmouth, Smithfield and Western railway company,
for the purpose of locating, constructing, 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, Vir-
ginia, through the counties of Norfolk, Nansemond, Isle of Wight,
Prince George, Surry, Chesterfield, and so much of the county of
Henrico as is necessary to reach the city of Richmond by bridging
the James river above the head-waters of navigation with the con-
sent of the authorities of the city of Richmond.

§ 2. Said company may use steam, electricity, or other motive
power, and 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 im-
pede navigation is placed in its bridges over said streams; and shall
have further right to construct, equip, and maintain branch tracks,
not to exceed twenty-five miles each in length, which shall have all the
rights of way and powers, and shall be subject to the same restrictions
as the main line; and 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 franchises with those of any other
companies 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 purpose 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 connections, merger,
or consolidations.

§ 3. The said company may acquire title in the mode prescribed
by law to a continuous line of land, not exceeding one hundred feet
in width, and such additional lands as may be necessary for the use
of said roads and tracks, and for the yards, buildings, and works of
said company. And it shall be lawful for said company to acquire
in subscription to the capital stock of said company, or by donation,
money, land, or other property, labor, work, material, bonds, 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 other properties acquired under this section; provided this sec-
tion shall not be construed as to authorize said company to acquire
by purchase in any county or corporation more land than is neces-
sary for the operating of said company as a common carrier.

§ 4. Said company shall 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 turnouts, sidings, switches and other conveniences in
furtherance of the objects of its construction; provided that said
company shall not be permitted to cross the tracks of the Norfolk-
Carolina railroad within its yard limits, or where more than a double
crossing shall be required.

§ 5. It shall be lawful for any incorporated company to aid in the
construction of said railway, and for that purpose may acquire the
bonds and stock of said company, and the said company may run,
use, or operate, by lease or otherwise, and may connect or consoli-
date with any other railway or transportation company upon such
terms as may be agreed upon.

§ 6. Said company shall have perpetual succession and a common
seal, which it may renew or alter at pleasure, and may sue and be
sued, plead and be impleaded, contract and be contracted with, and
make ordinances, by-laws and regulations, not inconsistent with this
act or the laws of this state, for the government of its officers and
agents and the proper conduct of its affairs.

§ 7. The capital stock of said company shall not be less than five
thousand dollars, nor more than one hundred thousand dollars,
divided into shares of one hundred dollars each. In all meetings of
the stockholders each share shall entitle its holder to one vote. Any
city, town, county or corporation, except the city of Norfolk, may
subscribe to the capital stock of said company in the manner and
under the restrictions prescribed by the statutes of Virginia.

§ 8. It shall be lawful for said company to borrow money to such
an amount as its board of directors may deem necessary and proper,
and to issue for any loan debenture bonds of the said company, bear-
ing interest at such rates per annum as the said board of directors
may determine; and to secure the payment of such loan or loans
said company may execute one or more mortgages or deeds of trust
upon the whole or any part of its property, real, personal or 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 for the purpose of
organization of said company, and for all other purposes, and until
a president and board of directors shall be selected at the stock-
holders’ 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 corporators may deem necessary and proper.

§ 10. The said company shall commence work under this act
within two years from the first day of July, eighteen hundred and
ninety-six, and complete the construction of the road within five
years thereafter, otherwise this act shall be null and void.

§ 11. Said company shall pay all its taxes and other demands
against it due the state in current money of the United States, and
not in coupons.

§ 12. John T. Griffin, R. H. Norfleet and T. J. Barlow, or any two
of them, may constitute a commission to open books and accept sub-
scriptions to the capital stock of said company.

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