Chap. 448.—An ACT to incorporate the Norfolk and Berkley Bridge Company.

Approved March 29, 1902.

1. Be it enacted by the general assembly of Virginia, That Alvah H.
Martin, C. Brooks Johnston, Walter H. Doyle, Richard B. Tunstall, and
W. Dorsey Pender, and such persons as are now or may be hereafter asso-
ciated with them, their successors and assigns, be, and they are hereby,
created, constituted, and declared a body politic and corporate by the
name of the Norfolk and Berkley Bridge Company, and by that name
shall have perpetual succession and a common seal, which it may alter or
amend at its pleasure, and may suc and be sued, implead and be im-
pleaded, contract and be contracted with, purchase, hold, and grant es-
tates—real and personal—and make ordinances, by-laws, and regulations
consistent with the laws of this State and of the United States for the
government of all under its authority, for the management of its estates,
and the due and orderly conducting of its affairs, and generally may do
every act and thing necessary and proper to carry this act into effect and
to promote the objects of the corporation.

The principal office of the said company shall be in the city of Nor-
folk, in the State of Virginia.

The said company shall have a capital stock of not less than fifty
thousand dollars nor more than five hundred thousand dollars, and shall
be divided into shares of one hundred dollars each. Any three of the
above named incorporators, to be selected by a majority of the incor-
porators named in this act, are hereby created a commission, and are au-
thorized to receive subscriptions to the capital stock of such corporation
at such time and place as they may appoint, and with or without notice,
and if with notice, then on such notice as they may deem best, and as
soon as the minimum amount of the capital stock above named shall have
been subscribed, they may at any time thereafter, and upon such notice
as they may deem proper, call a meeting of the subscribers, who may or-
ganize the company. From time to time the capital stock may be in-
creased by action of the board of directors until the maximum amount
above named shall have been issued, and the board of directors may sell
or dispose of such stock upon such terms and at such price or prices as
they may deem proper. The board of directors may receive money, labor,
services, rights, options, materials, bonds, or stocks of other incorporated
companies, or any other real or personal property, in payment of any sub-
scriptions to the capital stock of said company, and at such price or
prices and upon such terms as may be agreed upon between the directors
and subscribers making payment in such way, and there shall be no in-
dividual liability on the part of the holders or takers of such stock in
reference to when the said stock shall have been issued or declared by the
board of directors as fully paid.

The said company shall be, and is hereby, authorized to construct,
maintain, and operate a bridge over and across the Elizabeth river from
some point in the city of Norfolk, Virginia, to be selected by the board of
directors, between the Norfolk and Western railway bridge, crossing the
eastern branch of the Elizabeth river and Brown avenue, to some point
to be likewise selected by the board of directors, in Norfolk county, on
the opposite side of the eastern branch of the Elizabeth river, between
the Norfolk and Western railway bridge, crossing the said eastern branch
and the property of the Cotton, Oil and Fibre Company; and said bridge
may be so constructed or altered, from time to time, as to accommodate
two or more railroad tracks thereon, and the said company is authorized
to operate across the same street cars and other ‘cars and engines propelled
by electricity or any other motive power except steam, and to provide for
the passage of foot passengers, horses, cattle, sheep, and other animals,
and of vehicles of any and all kinds; and the said company is further au-
thorized to cross such streets in the city of Norfolk and in the county of
Norfolk as may be necessary on the route selected by it: provided, that
the said company shall not cross any of such streets until it shall first
obtain the consent of the city councils of Berkley and Norfolk and the
board of supervisors of Norfolk county.

The said company may charge, demand, reccive, and collect such rea-
sonable tolls for the use of said bridge as it may prescribe, not, however,
to be less than the rate of tolls charged by the Norfolk county ferries, and
instead of itself laying railroad tracks on said bridge said company may
make special arrangements with any company operating street cars, or
other cars or engines, whereby such last mentioned company may obtain
the right or privilege for such period as may be agreed upon to lay tracks
on said bridge and operate its cars or engines on the same over and
across said bridge, and for such compensation as may be agreed upon;
and such agreed rate of compensation may include both the passage of
the cars and of the passengers or freight contained therein: provided,
however, that equal privileges shall be extended by the board of directors
of said company to all companies or corporations opcrating street cars or
other cars desiring to operate their cars or engines over and upon the
said bridge, the said companies or corporations paying reasonable com-
pensation for such use and privilege; and provided, however, that in the
construction of said bridge the said company shall provide, maintain,
and operate, at its own expense, a suitable draw sufficient to make a
passage way of cighty-seven feet in the clear, so as to permit the passage
of steamboats, steamships, and other vessels navigating the Elizabeth
river.

The said company shall have the right to condemn, according to the
laws of Virginia relative to the condemnation of lands by a company in-
corporated for a work of internal improvement, the land and rights re-
quired for abutments, piers, or approaches, at either or both ends of its
bridge, and for its other necessary purposes: provided, however, that
nothing in this act shall be construed as to give to said company the
right to condemn the works and property of any internal improvement
company or any other company.

The said company may borrow money, and may also make and issue
its bonds for such sums and bearing such rate of interest as it may deem
wise, and may dispose of the same at such price or priccs and upon such
terms as its board of directors may determine, and may secure the pay-
ment of the said bonds and the interest thereon by mortgage or mort-
gages, deed or deeds of trust, on all its works, property, and franchises,
or any part thereof.

The said company may also purchase, own, grant, and convey estates—
real and personal—provided, it shall not own more than one thousand
acres of land at any one time.

The said company may sell or lease its property and franchise, or any
part thereof, to any other company, or may unite or consolidate its prop-
erty and franchises with any other company, and any other company may
unite or consolidate its property and franchises with the company created
by this act under such name and upon such terms as may be agreed upon
by the board of directors of the respective companies, and such union or
consolidation shall be taken and deemed complete so soon as the agree-
ment thereof is filled in the office of the secretary of the Commonwealth.

Any other company may subscribe for or purchase, take, and hold the
stock and bonds, or either, of this company, and this company may sub-
scribe for or purchase, take, and hold the stocks and bonds, or cither, of
any other company.

The said company, in accepting the privileges contained in this act,
agree to pay its taxes in lawful money of the United States, and not in
coupons from Virginia bonds.

If the work of construction under this act is not begun within two
years, and a bridge constructed across the Elizabeth river, as herein au-
thorized, within five years from the passage of this act, then the priv-
ileges hereby granted shall immediately cease and determine.

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