Chap. 58.—An ACT to enlarge the powers of the Richmond traction company.

Approved January 12, 1898.

1. Be it enacted by the general assembly of Virginia, That the com-
pany incorporated under the act of March the twentieth, eighteen hun-
dred and sixty, entitled an act to authorize the common council of
Richmond to authorize persons to construct railroads in the streets of
said city, and the contract made by the common council of said city
with the said company, and known as the Richmond traction company,
is hereby recognized as, and declared to be, a body corporate, duly and
properly organized and governed by the provisions of chapters forty-six,
forty-seven and fifty-one of the code of Virginia, eighteen hundred and
eighty-seven, in so far as the same are applicable to such corporations
and not inconsistent with this act and the said act of March twentieth,
eighteen hundred and sixty, and the powers and duties thereof are en-
larged as follows, to-wit:

2. The said company may sue and be sued, plead and be impleaded,
in all the courts_of law and equity in this state, and may have, make
and use a common seal, and the same break, alter and renew or change
at their pleasure, and may make, ordain, establish, alter or amend such
by-laws, ordinances and regulations eoncerning all matters of organiza-
tion and business not herein specifically provided for as they may think
proper, and generally may do every thing and act necessary to carry this
act into effect or to promote the objects and designs of the corporation:
provided, such by-laws, ordinances and regul: itions and acts be not in-
consistent with the luws of this state or of the United States: and pro-
vided, that the common councils of the cities of Richmond and Man-
chester and the boards of supervisors of the counties of Chesterfield, Hen-
rico and Tfanover shall have full power at any time to regulate the speed
of ye ears of said company,

The capital stock of said company shall not be less than one hun-
dra thousand dollars nor more than two million dollars, divided into
shares of fifty dollars cach. Subscriptions to the capital stock may
from time to time be taken and received by the board of directors in
such amounts as they may determine, and without public notice. Sub-
scriptions to said eapital stock may be pavable in money, land, services,
miaterhils, rights, easements, property or capital stock of other corpora-
tions of like character now in existence or which may be hereafter incor-
porated: provided, that as to such companies as may be hereafter incor-
porated and shall act under franchises hereafter granted by the city of
Richmond, the consent of the council of the city of Riehmond must
first be obtained, and upon such terms and conditions as may be agreed
upon between the said company and the subscriber,

4. The said company, in addition to the franchises granted it by the
city of Richmond, may construct and operate street railways in the city
of Manchester nul the counties of Chestertie Id, Henrico, Hanov eT, and
run over and through the streets of the city of Manchester and Upon
such of the public roads of the counties of Chesterfield and Henrico,
for such distances and for such times and upon such contracts and suh-
ject to such conditions, Hinitations and: restrictions as it may make and
agree upon with the common council of Manchester and the county
courts and board of supervisors of said counties, respectively, which con-
tracts the common council] of Manchester and the county courts and the
board of supervisors of said counties are hereby respectively authorized
to make with said company: provided, that if any territory over which
any route may run shall in the future be taken into the limits of the
city of Richmond, that portion of the route in said territory shall be
subject to the same conditions, limitations and restrictions as may at
that time or thereafter be imposed by the council of the city of Rich-
mond upon the portion of the route then in the limits of the said city.
But nothing herein contained shall affect in any way the rights of pri-

vate persons or corporations OW nig land adjoining or contiguous to the
routes in the said counties along and over which the said company may
be allowed to construct and operate its road without the payment of just
compensation, to be ascertained in the modes prescribed by law. Such
Company may contract with any such persons or corporations owning
such lands or any interest, franchise, privilege or easement therein or in
respect thereto, over or contiguous to which such line is proposed to be
constructed, for the night of way for erecting, repairing and preserving
its tracks, poles, wires and other structures necessary for operating its
line, and the land necessary for the erection and occupation of offices,
power-houses and other buildings and structures at suitable distances
along its line for the uses of said company in operating its said line.
If the company and such owner cannot agree on the terms of such con-
tract the company shall be entitled to such right of way and necessary
land upon making just compensation therefor to such owner. Such
compensation shall be ascertained and made as provided in chapter
forty-six of the code of Virginia of eighteen hundred and eighty-seven
and the amendments thereto adopted by the legislature of Virginia for
the acquisition of lands by a company incorporated for the work of in-
ternal improvement when such internal improvement company cannot
agree on the terms of the purchase with those entitled to the lands
wanted for the purposes of the company. But the said corporation shall
have no right to condemn the property of any railroad or other corpora-
tion, but may cross railroad tracks as now provided by law.

5. The said company may construct and operate its street railways
over any and all bridges between the cities of Manchester and Richmond,
and between the counties of Chesterfield and Henrico, built or hereafter
to be built: provided, that the corporation, company, or individual
owners of any of the aforesaid bridges, and in ease of bridges owned by
counties the board of supervisors of said counties shall consent to the
construction of said railways over their respective bridges; the consent
of the commissioners of the James river bridge company being sufficient
in the case of that company.

6. The said company shall have power in_ its corporate capacity to
borrow money for the purpose of extending its lines, increasing its equip-
ment, retiring its present bonded indebtedness, and releasing the present
mortgages or deeds of trust upon its property, real and personal, and
franchise, or for any other purpose, and to such an extent or amount as
it may deem necessary, and may issue bonds therefor in sums of such
denominations as the board of directors may deem proper, and bearing
interest not exceeding the rate of eight per centum per annum, the prin-
cipal and interest of which shall be payable at such times and places as
may be determined upon by the company, and secure the same by liens
or mortgages or deeds of trust on the roads, franchises, incomes, con-
tracts, rights of way, privileges, and property, real, personal and mixed,
of the company, acquired or hereafter to be acquired, or such parts
thereof as may be designated in such liens, mortgages or deeds of trust,
and may sell the said bonds at such price as may be thought best for the
interest of the company.

7. Said company may connect its street railway with other street rail-
ways within the limits aforesaid, now existing or hereafter incorporated,
with the consent of the owners of such railways. The said company
may also acquire and own by lease or purchase, or otherwise, any strect
railway or electric company, and the property, stock, and franchise
thereof, in whole or in part, in or near Richmond or Manchester, now
incorporated or constructed: provided, the consent of the council of the
city of Richmond shall be first obtained as to any such company which
may be incorporated in the future and operate in the city of Richmond,
or which may be incorporated or constructed; and may. acquire and con-

solidate said railway or railways or electric companics with their railway
company, and miiv issue therefor the bonds and stocks of said conrpany
as may be agreed upon.

The said company may sell, lease, or otherwise dispose of in whole,
or in part, any of its rights, privileges, and) properties, The said com-
pany may also acquire by lease, purchase. or otherwise, electric power
necessary for the purpose of conducting its business, and may dispose of
its surplus power by lease or otherwise.

8. The said company may take and acquire by purchase or lease, and
hold, and thereafter sell or otherwise dixpoxe of real estate not excced-
Ing in the agerecate five acres mn the cities of Richmond and Manchester;
and one thousand acres in the counties of Henrico, Hanover, and Ches-
terficld, exclusive of its road beds for terminals, parks, pleasure grounds
or other uses, as may be found necessary and convenient for any of the
purposes of the company.

UY. The said company may adopt such motive power to propel its cars
or carriages as the proper authorities of the several cities, counties, or
bridges through or over which its tracks may be laid may respectively
permit.

Nothing herein contamed is mitended to relieve the said company from
any condition, provision, restriction, or Hmitation now imposed or which
may hereafter be Imposed upon sud company by ordinance of the city
of Richmond.

10. The principal office of the company shall be in the citv of Riech-
mond.

11. The satd company shall pay all taxes due, or to become due, to
the state of Virginia in lawful monev of the U nited States, and not in
coupons; and if said company shall go into the hands of a receiver,
appointed either by the Cited: States court or the state court—if said
receiver shall fail to pay the taxes due the state of Virginia for each vear
when due—this charter shall become null and void.

12. This act shall be tn foree from: its passage.