Chap. 468.—An ACT to incorporate Staunton Falls Company.
Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That Edmund
Shaefer, E. M. Shaefer, R. Holt Easley, L. E. Easley, J. E. Edmunds,
Wood Bouldin, and such other persons as may hereafter be associated
with them, their successors and assigns, be, and they are hereby, con-
stituted a body politic and corporate under the name of the Staunton
Falls Company, and by that name shall have perpetual succession and
the power to adopt, make, and use a common seal, and the same to break,
alter, renew, or change at their pleasure, and shall be competent to suc
and be sued, plead and be impleaded in all courts of law and equity; to
acquire, hold, and dispose of property—real, personal, or mixed—and to
make, ordain, and establish, from time to time, so far as they can do so
consistently with the terms of this act and the laws of this State and the
United States, such by-laws, ordinances, and regulations for the govern-
ment of said corporation and the conduct of its business and affairs as
they may deem necessary or expedient, and to alter, amend, repeal, or
abolish, from time to time, so far as they can do so consistently with the
terms of this act and the laws of this State and the United States, and
may deem necessary or expedient, all such by-laws, ordinances, and regu-
lations, and generally may do and perform any and all acts and things
necessary or proper to be done or performed by them to attain the ends
for which said corporation is instituted.

2. That said corporation is authorized and empowered to engage in
any manufacturing business in the county of Halifax, Virginia, and in
counties adjacent thereto, except Pittsylvania county, and to acquire,
construct, and own buildings and machinery for manufacturing purposes
of any nature whatsoever, and to acquire, purchase, own, and opcrate
mines, mineral properties, and stone quarries, and may mine, manu-
facture, transport, and sell all stone, metals, mincrals, and their pro-
ducts; and to acquire, purchase, own, construct, and operate street. rail-
ways, electric and other tramways and telephone lines, and to furnish
water for either drinking, domestic, manufacturing, or hydraulic pur-
poses to the public, including both individuals and corporations, and to
supply to the public, both individuals and corporations, power in form of
electric current and hydraulic, pneumatic, and steam pressure, or any
of the said forms, and in any or all other forms for use in driving ma-
chinery, and for light, heat, and all other uses to which the power so sup-
plied can be made applicable, and to fix, charge, collect, and receive rates
and tolls therefor; and for the purpose of enabling the company to sup-
ply power as aforesaid, the company is authorized and empowered to
buy or otherwise acquire, generate, develop, store, use, transmit, and dis-
tribute power of all kinds, and to locate, acquire, construct, equip, main-
tain, and operate lines for the transmission of power by wires or poles or
underground, and by cables, pipes, tubes, conduits, and all other con-
venient appliances for power transmission, with such branch lines as the
company may locate or authorize to be located for receiving, transmitting,
and distributing power; and as appurtenances to the said lines of power
transmission and its branches, the company may acquire, own, hold, de-
velop, sell, or otherwise dispose of water powers and water privileges, and
may locate, acquire, construct, equip, maintain, and operate all necessary
plants for generating and developing by water, steam, or any other means,
and for storing, using, transmitting, distributing, selling, and delivering
power, including dams, gates, bridges, sluices, tunnels, stations, and other
buildings, boilers, engines, machinery, switches, lamps, motors, and all
other works, structures, and appliances: provided, that the amount of
land which the company may at any time hold for its water powers and
other works, as well as the lands flowed or submerged with the water ac-
cumulated by its dam, shall not exceed ten thousand acres, exclusive of
right of way; and said company may construct its pole and wire lines
and conduits along or under county roads, subject to such regulations as
the board of supervisors of the several counties of the State of Virginia,
who are hereby vested with the power to prescribe such regulations, may
prescribe for such use of said roads as will protect the public, and along
and under the streets of any city or town, subject to the consent of the
council of such city or town, and under such conditions and limitations
as such council may impose, and with a view to, and as a part of, said
operations said company may accumulate, develop, and utilize the whole
power of the waters of Staunton river, and all its channels, effluents, and
branches at a point one mile below Mclvor Mill, on said river, or so much
thereof as it may be necessary or proper.

3. That for the purpose qf accumulating, developing, and utilizing
the whole power of said water as aforesaid, or so much thereof as it may
deem necessary or proper, the said corporation is hereby fully authorized
and empowered to construct and erect a dam or dams across said river
at some point or points on said river between Mclvor Mill, in Halifax
county, Virginia, and a point not more than one mile below MclIvor Mill,
of sufficient height to pond the waters of said river and all its said chan-
nels, effluents, and branches back the entire fall of thirty-five feet, more
or less, in said river, and also to extend, as far as may be necessary or
proper, construct, erect, and abut the end or wings of said dam or dams
or lands on either side of said river, and also to make, build, construct,
and erect in or upon lands on, along, or near said river, or any of its said
channels, effluents, and branches, such auxiliary dams, walls, bulkheads,
dykes, mounds, embankments, barriers, canals, ditches, water ways, cul-
veris, conduits, and escapes, or other agencies, as may be necessary or
proper to confine the waters of said river, or any of its said channels,
eflluents, and branches, within the limits of the pond proposed to be
formed by the erection of said named dam and its said wings, or to facil-
itate or divert the flow of streams or waters tributary thereto; and also
to make, create, erect, or construct such other hydraulic works or agencies
as may be necessary or proper for the efficient maintenance and operation
of said pond and its accessories; and also to pond the waters of said river,
and all its channels, effluents, and branches, and to overflow, flood, or
pond back upon all lands, including all rocks, sand bars, islets, or islands
in, on, along, or near said river and its said channels, effluents, and
branches, or in, on, along, or near streams, brooks, water courses, ditches,
gulches, sinks, hollows, depressions, or surfaces flowing thercinto or ad-
jacent thereto, that would or might be overflowed, flooded, or ponded
back upon as the result of the erection of a main dam across said river

as aforesaid of sufficient height, with wings as aforesaid, and with such
auxiliary agencies as may be necessary or proper as aforesaid to pond the
waters of said river and all its said channels, effluents, and branches, and
also to submerge, overflow, or flood such lands as it mav be necessary
or proper to submerge, overflow, or flood for the purpose of securing the
free, full, safe, and convenient escape and return into said river of the
waters thereof after passing said main branch; and also generally to do
and perform all acts and things, and exercise any and all powers, rights,
and privileges that it may be necessary and proper for it to do and per-
form or exercise for the purposes of any part or parts of the whole scheme
of hydraulic development outlined in this section of this act, or for the
purpose of securing to it the sole, exclusive, and untrammeled posses-
sion, enjoyment, use, and benefit of said pond and its accessories; and
also for any and all of said purposes, whether particularized or not; to
take, receive, or acquire, by gift, grant, or purchase, or by any other ordi-
nary mode of acquisition, in fee simple, or otherwise, and to take, appro-
priate, or acquire, by condemnation in fee simple, all such lands and their
appurtenances, and all such incorporeal hereditaments, rights, riparian
or otherwise, easements and privileges, in lands and their appurtenances
as may be necessary or proper for any or all said purposes, legal require-

ments, rules, conditions, and procedure in case of condemnation to be
the same as those prescribed by sections one thousand and seventy-four
to one thousand and ninety-one, both inclusive, of the Code of Virginia
relating to condemnations by internal improvement companies and other
corporations, except that the report of the commissioners and other pro-
ceedings shall be so framed and pursued as to clearly distinguish between
lands, strictly speaking, and their appurtenances on the one hand, and the
incorporeal hereditaments, rights, riparian or otherwise, easements and
privileges, inlands and their appurtenances on the other; and also so
often and so far as said corporation may be necessary to maintain and
keep in good working order, and repair, rebuild, or reconstruct said main
dam and its wings, said auxiliary agencies, said pond, and all other
hydraulic works or agencies belonging to any part or parts of said whole
scheme of hydraulic development; and also to exercise all rights and
powers conferred upon internal improvement companies by sections ten
hundred and seventy-two and ten hundred and ninety-nine of said Code,
or any acts amendatory thereof: provided, that the passage of fish up and
down said river, despite said main dam, ‘shall be secured by fish ladders
or other devices or means: and, provided, further, that no powers of con-
demnation whatsoever shall be exercised under this act until said corpora-
tion has become the owner of a parcel or tract of land on one side or the
other of said river at the point where said main dam is to be located.

4, That said corporation may apply the power of said river and its said
channels, effluents, and branches so accumulated and developed in its
natural form, directly or indirectly, to its uses, and in order to do so may
make, create, build, construct, erect, lay, maintain, and operate such
538 ACTS OF ASSEMBLY.

buildings, structures, machinery, appliances, agencies, devices, reservoirs,
ponds, dams, water wheels, water gates, canals, ditches, sluices, flumes,
races, water ways, waste ways, pipes, conduits, and other means as may
be necessary or proper for that purpose or the other purposes mentioned
in this section, and may sell, lease, or otherwise dispose of, upon such
terms as may be agreed upon between the parties, any surplus of such
power over and above its own uses to any and all other persons, natural
or artificial, desiring to use the same; or, but this provision is not in-
tended to be alternative merely, it may build, erect, maintain, and op-
crate a power house or power houses, supplied with all necessary and
proper engines, machinery, and equipments, and generate electricity with
said power, and apply said electricity by and through all necessary and
proper agencies of transmission and distribution, which said agencies it
is hereby empowered to create and establish to its own uses for heat,
light, or power, or any and all other uses to which the electric power
may now or at any time hereafter be applied or applicable, and may sell,
lease, or otherwise dispose of, upon such terms as may be agreed upon
between the parties, any surplus of such electricity over and above its
own uses for any or all of the same purposes to any and all other persons,
natural and artificial, desiring to use the same; but this section is not
to be taken as denying to said corporation the right to use steam or any
other kind of power for its uses, supplementally or otherwise.

5, That said corporation is hereby further authorized to take, receive,
purchase, and acquire, by any ordinary mode of acquisition, all prop-
erty, land, incorporeal hereditaments, rights, riparian or otherwise, ease-
ments and privileges that may be necssary, proper, or convenient for the
purposes of the preceding section, and may in like manner acquire all
necessary and proper parcels or tracts of land and sites for its mills,
manufactories, out-buildings, and tenements for its offices, agents, em-
ployees, operatives, and servants, and such other buildings, structures,
and improvements as may be rendered necessary or proper by its business,
which may embrace any other business, whether manufacturing or other-
wise, that may seem to said corporation capable of being conveniently
carried on in connection with its main operations, or calculated, directly
or indirectly, to enhance the value of said corporation’s property or
rights, and may erect and maintain said mills, factories, out-buildings,
and tenements, and such other buildings, structures, or improvements
thereon.

6. The capital stock of said corporation shall be ten thousand dollars,
divided into shares of the par value of one hundred dollars each, but the
said capital stock may be increased, from time to time, by a vote of the
majority of the stockholders upon the payment of the additional tax into
the treasury of the State of Virginia, or to the auditor of public accounts,
to cover such increase, and a copy of the resolution authorizing such in-
crease shall be lodged with the secretary of the Commonwealth. Sub-
scriptions to said capital stock, or any increase thereof allowed as herein-
after mentioned, may be made in moncy, labor, services, and outlays in
promoting the future existence and operations of said corporation, mate-
rials, supplies, machinery, equipments, plants, outfits, land, or any other
ACTS OF ASSEMBLY. 539

form of property—teal, personal, or mixed—including the capital stock
of other corporations, rights, easements, or options, upon such terms and
conditions as may be agreed upon between the said corporation and sub-
scribers. .

%. ‘That said corporation may acquire, by lease, purchase, subscrip-
tions to or purchase of their capital stock or otherwise, and hold, use, ex-
crcise, and operate the works, plants, property, assets, franchises, rights,
privileges, and immunities of any other corporation; and said corpora-
tion may unite and consolidate with any such other corporation upon
such terms as may be agreed upon between them, and power is hereby
reciprocally conferred upon such other corporations to transfer, by sale,
lease, or otherwise, their works, plants, property, assets, franchises, rights,
privileges, and immunities to said corporation, or to unite and consoli-
date with it upon such terms as may be agreed upon between them, and
said corporation may purchase shares of its own stock, and may either
extinguish or sell and transfer the same, and may hold, manage, en-
joy, use, improve, operate, and exercise, mortgage, pledge, encumber,
sell, lease, or otherwise dispose of the whole or any part of its works,
plants, property, assets, franchises, rights, privileges, and immunities,
and may borrow money for any and all of its corporate purposes, and
issue its negotiable bonds, registered or coupon, therefor, and-secure the
payment of the same by mortgage or deed or trust, mortgages or deeds
of trust, upon the whole or any part or parts of its works, plants, prop-
erty, assets, rights, franchises, privileges, and immunities.

8. The principal office of said corporation shall be at Houston, Vir-
ginia, or at the city of Lynchburg; but it may establish such branch
offices elsewhere in or out of this State as it may deem necessary or

roper.
, nf The said corporation shall pay all taxes in lawful money of the
United States, and not in coupons.
10. This act shall take effect from the date of its passage.