Chap. 505.—An ACT to incorporate the Yorktown, Poquoson and Hampton
railway company.

Approved February 24, 1900.

1. Be it enacted by the general assembly of Virginia, That Sydney
Smith, W. E. Gofligan, J. 8. Phillips, T. H. Geddy, W. J. Stores, R. L.
Spencer, J. F. Hubbard, W. T. Wainwright, T. 8S. Harris, T. T. Hudgins,
George L. Smith, Frank H. Rocap, J. J. Whispell, J. W. Rogers, J. W.
Clements, John Cruikshank, R. W. Sheild, and Frank Rogers, and such
other persons as are now or may hereafter be associated with them,
their successors and assigns, be, and they are hereby, created, constituted,
and incorporated a body politic and corporate, under the name and
style of the Yorktown, Poquoson and Hampton railway company, and as
such are authorized and empowered to construct, equip, maintain, and
operate a railroad from York river at, in, or near Yorktown, in York
county, to the Hampton Roads, near the town of Hampton, in the
county of Elizabeth City, with the power and right to construct, equip,
and operate branch or lateral lines, not exceeding twenty miles in
length, and to construct and maintain all necessary bridges over and
across all rivers and streams over which said railroad or lateral lines
or branches will pass: provided, such bridges shall not obstruct naviga-
ion.

2. The said company shall have the right to establish, maintain, and
operate a ferry across said York river from some point at or near Yorktown
to or near Gloucester Point, in the county of Gloucester, to be operated
by boats propelled by steam or electricity, and may convey and trans-
port passengers, teams, vehicles, freight, and all other things and persons
which, in the opinion of the board of directors, it may be desirable to
convey and transport; and the said company shall have the right to
charge and collect such reasonable tolls, rates, or charges for such con-
veyance or transportation as the board of directors may prescribe.

3. The said company shall have perpetual succession, the power to
contract and be contracted with, to sue and be sued, plead and be im-
pleaded, whether in law or in equity, and may make, have, and use a
common seal, which it may alter, renew, or change at pleasure; and mav
make, ordain, establish, alter, and amend such by-laws, ordinances, and
regulations concerning all matters of organization, management and
business not herein specifically provided for, as the said company may
think proper, and generally may do every and any act and thing neces-
sary to carry this act into effect or to promote the objects and designs
of the corporation: provided, such by-laws, ordinances, regulations, or
acts be not inconsistent with the laws of the United States or the state
of Virginia.

4. The capital stock of the said company shall be not less than fifty
thousand nor more than three hundred thousand dollars, to be divided
into shares of not less than twenty-five nor more than one hundred dol-
lars each. Subscriptions to the capital stock may be received by the
incorporators herein named, or any three of them, at such time and place
as they may appoint, and with or without public notice, as they may
deem best, and as soon as the minimum of the capital stock is subscribed
said subscribers may organize as a corporation and proceed to the election
of a president and one or more vice-presidents and a board of directors,
and provide for the election of such officers, and adopt such by-laws
and regulations as may be necessary for the control and management
of the business and affairs of the said company, and shall have and exer-
cise all the powers and functions of a corporation under their charter
and the laws of the state. The board of directors of said company shall
be stockholders, and shall consist of not less than five nor more than
nine, as the stockholders may determine upon, and such board of
directors may thereafter receive further subscriptions to the capital stock
of the said company. No stockholder of said company shall be held
liable for the debts or liabilities of said company in a sum beyond any
balance due from said stockholder.

5. The said company shall have power to acquire by gift, purchase,
lease, or condemnation according to law all lands required for a right
of way for its railway, and for its stations, depots, and terminal facilities
for its operation, and may build thereon such docks, wharves, warehouses,
and other structures as may be necessary or proper, borrow money for its
use, issue bonds and notes therefor, and secure such bonds and notes
by deed of trust or mortgage on any part or all of its property, real,
personal, or mixed, its contracts and privileges, and its chartered rights
and franchises, including its franchise to be.a corporation, and it may,
whenever the interest of the company shall require, sell, lease, convey,
and encumber the same.

6. The said company may also acquire, purchase, accept, hold, and
enjoy such other property, real or personal, as may be necessary or ad-
vantageous for the purpose of its business: provided, it shall not acquire
other real estate in excess of one hundred acres.

?. The said company shall have power to cross any other railroad or
highway in the manner and upon the terms prescribed by law, and may
unite or connect with any other railroad now built or constructed, or
hereafter to be built or constructed, upon such terms as may be agreed
upon. And the said road may pass through Yorktown, and through the
town of Hampton, with the consent of the common council of the town
of Hampton being first obtained and compliance with the law in such
case pertaining. ,

But in crossing the yards or tracks of the Chesapeake and Ohio rail-
way company the said company must cross above or under grade and on
such one of the three bridges now authorized under the charter of the
city of Newport News as may be designated by the council of the said
city, or at some point west or north of Fortieth street, and at the sole cost
and expense of it, the said Yorktown, Poquoson and Hampton railway
company, and it shall not use the rails of any other company crossing
said yards or tracks at grade, if any such there be: provided, that said
over grade crossing shall not be less than twenty-one feet from the level
of said track to the lowest part of the structure, and that the columns
supporting the same shall be located as designated by the said Chesapeake
and Ohio railway company.

8. The said company shall have the power and authority to begin the
construction of the said railroad, when organized, at any point along
its line, and use and operate the same from the time it shall have been
commenced.

9. It shall be lawful for the said company to transport passengers,
freight, and baggage, and collect fares and tolls therefor, and to use in
the propulsion of its cars on its road either steam or electricity, and in
general have all such other powers, privileges, rights, and franchises that
may be necessary for the accomplishment of the purposes of its incorpo-
ration which are conferred by the laws of Virginia upon works of internal
improvement.

10. The said company may manufacture, generate, employ, distribute,
furnish, buy, and sell electricity, the electric current, for public or private
use, in Yorktown, the town of Hampton, and other places along its
route.

11. The principal office of the said company shall be in Yorktown, or
such other place in the state of Virginia as may be deemed convenient
or necessary by the board of directors.

12. Each stockholder in the company shall, at all meetings or elections,
be entitled to one vote for each share of stock registered in his name,
and the majority of the stockholders may enact such by-laws and regula-
tions for the management and conduct of the affairs and business o!
the company as they deem proper and expedient not inconsistent
with the laws of the state of Virginia.

13. It shall be lawful for said company, and it is hereby authorized
and empowered, to make, execute, issue, and sell or negotiate its bonds,
from time to time, for such sums and on such terms and for such price
as its board of directors may deem expedient or proper for any of the
purposes of the said company.

14. The said company, by the acceptance of this charter, agrees to pay
all taxes, dues, and demands which may hereafter be assessed against it
for the commonwealth of Virginia in lawful money of the United States,
and not in coupons.

15. Work shall be commenced on the construction of said road in two
years from the granting of this charter and completed within five years.

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