An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1897/1898 |
---|---|
Law Number | 212 |
Subjects |
Law Body
Chap. 212.—An ACT to incorporate Virginia electrical railway and develop-
ment company.
In force February 7, 1898.
1. Be it enacted by the general assembly of Virginia, That J. Gordon
Payne, John P. Pettyjohn, W. W. Dornin, Carter Glass, and Frank P.
Christian, and such other persons as may hereafter be associated with
them, their successors and assigns, be, and they are hereby, constituted
a body politic and corporate, to be known as the Virginia electrical
railway and development company, and by that name to sue and be
sued, plead and be impleaded in all courts of law and equity in this
state, and may have, make, and use a common seal, and the same
break, alter, renew, or change at their pleasure, and may make, ordain,
establish, alter, or amend such by-laws, ordinances and regulations,
concerning all matters of or vanization and ‘business not herein specifically
provided for as they may think proper, and generally may do every act
and thing necessary to carry this act into effect, or to promote the objects
and designs of the corporation: provided such by-laws, ordinances, and
regulations or acts be not inconsistent with the laws of this state, or of
the United States.
2. The said company shall be, and is hereby, empowered to promote,
establish, and maintain the business of a general electrical railway and
development company; to erect, establish, maintain, and operate, or
sell a plant or plants in the city of Lynchburg, or in any other of the
cities and towns of the state of Virginia, and in the countics and _vil-
lages of said state for the generation of electricity, and the supply of
the electric current, for its own use and for the sale to persons, natural
or artificial, desiring to use the same for heat, light, or power, or any and
all other uses to which the electric current may now, or at any time here-
after, be applied or applicable, and may manufacture, use and sell, dis-
tribute, and furnish the same for all said purposes to all and any persons,
parties, and corporations desiring to use the same, upon such terms as
may be agreed upon between the contracting parties.
3. It may build, purchase, rent, or otherwise acquire, and maintain,
and operate in the strects, ways, alleys, avenues, public highways, and
water ways of the said city of Ly nchburg, or of any of the other towns,
cities, villages or counties of Virginia; subject only to the consent or
authorization thereof by any incorporated town or city; and to such
conditions, restrictions and limitations as may be imposed by such town
or city, and subject to the consent or authorization thereof by the county
judges of the county courts of the several counties of the state, and the
boards of supervisors thereof, who are hereby vested with the power so
to do, within and through w hich said poles, wires, sub-ways, under-
ground conduits and submarine cables, and other electrical conductors
may be constructed, such or any line or lines of poles and wires, and
of underground conduits or sub- -ways and sub-marine cables or ‘other
conductors and conduits for the carriage or support of electrical wires,
with the necessary fixtures, stations, terminals, or other facilities con-
nected therewith, as may be necessary and suitable for the proper, full,
and convenient carrying on of the business of the company, and the
same may sell, lease and otherwise dispose of as they may deem best;
and to take and acquire by purchase, condemnation, lease, or otherwise,
and to hold or thereafter to sell or otherwise dispose of such lands, not
exceeding the amount hereinafter limited and provided for, and such
easements therein, or rights appurtenant thereto, riparian or otherwise,
as may be necessary and convenient for any of the uses of said company,
the mode of condemning any such land or rights being the same pro-
vided for the condemnation of lands by companies incorporated for
works of internal improvement; the and in which the easement is to be
given orto which the right is appurtenant being used for purposes of
description in the oath and all the proceedings. But the power to con-
demn is limited to the acquisition of land necessary for construction
of all hydraulic works and for the conveying of electricity to any corpo-
rate limits.
4. The said company may utilize for its purposes steam and water-
power, or any other available power, and in order to do so may acquire,
construct, maintain and operate, lease, sell and otherwise dispose of all
buildings, structures, shops and machinery that may be convenient and
suitable for the business of the company; it may construct, purchase
or acquire, own, Maintain and operate, or sell canals or canal flumes, or
parts thereof, and any other structures or devices for the utilization of
witer-power, meluding water-wheels, dams and stuices, water-ways
Wwaste-wavs and gates in the beds of the streams and rivers of the st: ite
and through the intervening country; it may acquire by purchase from
any individual or company any rights he or it may have to use the
waters of the James river, or of any other streams in the state, and
power is given to any company desiring to sell such rights to it to do so:
‘provided, however, that on such sale taking place all statutory duties,
obhgations and eonditions incident to the exercise of such rights shall
he, and they are hereby, transferred from the company or individuals
previously subject to said duties, obligations and conditions, and
imposed upon the said Virginia electrical railway and development
company, and shall be binding on it alone.’?? But it is not intended
by any provision herein to grant any power to said) company to
build any dam, gates, sluiee, canal, water-wav or waste-way, or
do any other act whatever which shall in any way diminish or interfere
injuriously with the stream or flow of water necessary for the water-
works or its appurtenances, or the water supply of any town) or
city. The said company may construct, own, maintain and operate,
or sell electric railways in said city of Lynchburg, or in anv
other of the towns. cities and counties of the state of Virginia, and
may take any reasonable tolls for the transportation of persons or pro-
perty, and may construct, maintain, own and operate, or sell bridges,
vinduets and aqueducts of wood, stone, iron, or other suitable material
for its uses or for the use of the public, and may take tolls from per-
sons or corporations using the same: provided, however, that the coun-
cils of said city of Ly nehbure, and the municipal authorities of any
other city or town where those rights are exercised, and the Judges of
the county courts of said counties, and the boards of supervisors
thereof, who are hereby vested with the authority so to do, shall first
consent to the location of said railways on the streets and highways,
and through the country w ithin their respective limits or jurisdiction:
and all lines of railw ay built by the said company, or owned, controlled
and operated by it, shall be at all times subject to all restrictions, con-
ditions and limitations of whatseever nature, which may be Imposed
respectively by the councils of said cities and towns, or by the Judges of
sald county courts, as to so much of said railway as may be within the
limits or jurisdiction of said cities, towns and counties respectively; and
the said company may construct, maintain and operate its railways over
bridves across the James river, and other rivers of the state of Virginia,
already constructed or to be constructed, subject to all reasonable lmita-
tions and agreements as may be imposed by the persons or corporations
owning and controlling the same, or by the officials having control of
such bridges having power to grant such use,
5. The capital stock of the said company shall not be less than twenty
thousand dollars nor more than two million dollars, divided into shares
of one hundred dollars each. Subseription to the capital stock may be
received by the corporators herein named, or any three of them, at such
time and place as they may appoint, and with or without public notice,
is they may deem best, and as soon as the minimum of the capital
tock has been subseribed, said subscribers may organize as a corporation
nd proceed to the election of a president and board of directors, and
idopt such by-laws and regulations as may be proper for the manage-
nent of the affairs of the company, and thereafter further subscription
o the capital stock may be received by the board of directors. Sub-
ccriptions to the capital stock may be pavable either in money, land,
abor, services, materials, rights or other property, or in the capital stock
vf other corporations, upon such terms and conditions as may be agreed
wpon between the said company and the subscriber.
6. The company hereby incorporated may acquire by lease, purchase,
subscription to or purchase of, its capital stock or otherwise, and use
indi operate the works, property, franchises, rights, privileges and im-
munities Of any other electric railway conpany or companics, or of any
company or companies Incorporated for the purpose of manufacturing
or purchasing electricity or having the power so to do, and the company
hereby incorporated may unite and consolidate with such other company
pr companies, upon such terms as may Ke agreed upon between them;
and power js hereby conferred on such other company or companies, to
transfer bv sale or Jease, their works, property, franchises, rights, privi-
Jeges and immunities to the company hereby incorporated, or to unite
and consolidate with it upon such terms as may be agreed upon between
them.
The amount of real estate to be owned and held by the said com-
pany, exclusive of its road beds, canals and other rights of way shall
not exceed ten acres in each incorporated city or town, nor two hundred
acre’ in each county in the state of Virginia, in or through which it may
be operating or intending to operate.
8. The principal oflice of the company shall he in the city of Lynch-
burg, but it may establish branch oflices in other sections of the state,
or in the state of New York, or elsewhere in the United States, wherever
it may be convenient or necessary for the use of the company and the
conduct of its business.
9. The company may dispose of the whole or any part of its prop-
erty, however acquired, by sale, lease or otherwise; may borrow money
and may issue bonds, either revistered or coupon, and may secure the
payment of the same by morteace or deed of trust upon the whole or
any part of its property, wor ks, “rights, franchises and privileges: pro-
vided, that nothing in this act shall be construed as allowi Ing or author-
izing the construction of a line between the cities of Richmond and
Washington, or the building of any raidroad whieh shall conflict with
the interests of the Richmond, Manchester and Petersbure electric raal-
way, proposed to be built between said cities, along or near the Man-
chester and Petersburg terminal: and provided further, that nothing in
this act shall be so construed as to entitle the said company to construct
any street railway on any strect within the limits of the city of Norfolk,
nearer than two squares to any street in said city now occupied by a street
railway, or on which any railway company shall have heretofore ap-
plied for or procured from the councils of said city permission to place,
construct and maintain its tracke; or to include the county of Norfolk.
or any city, town or village within the limits of said county, or the city
of Newport News, the town of Hampton and counties of Elizabeth
City or Warwick.
10. The said corporation shall pay all taxes in the lawful money of
the United States and not in coupons.
11. The right to construct railways under this act must be exercised
within at least two years from the passage thereof, and shall not be ex-
ercised after the expiration of ten years.
12. This act shall be in force from its passage.