Chap. 489.—An ACT to amend and re-enact an act approved February 16, 1901,
entitled an act to amend and re-enact an act entitled an act to incorporate the
prederickeburg and Rappahannock Railway Company, approved February 7,

Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That an act ap-
proved February sixteenth, nineteen hundred and one, entitled an act to
amend and re-enact an act entitled an act to incorporate the Fredericks-
burg and Rappahannock Railway Company, approved February seventh,
eighteen hundred and ninety-eight, be amended and re-enacted so as to
read as follows:

§1. Be it enacted by the general assembly of Virginia, That H. H.
Wallace, L. G. Johnson, John S. Barbour, Warren E. Coons, C. M.
White, C. V. Ford, and their associates and successors, be, and they are
hereby, constituted a body politic and corporate by the name and style of
the Fredericksburg and Rappahannock Railway Company, and as such
are empowered to locate, construct, equip, and operate a railway, com-
mencing at some point in or near the city of Fredericksburg, Virginia,
and running through the streets of the said city, or such of them as the
said company may desire: provided, the consent of the council of said
city shall be obtained for the use of said streets; thence into or through
the counties of Spotsylvania, Stafford, Fauquier, Culpeper, Orange,
Prince William, Madison, and Rappahannock, or such of them as may be
desired, to some point on the Southern railway between Manassas and
Rapidan stations, or vice versa, with the right to extend said railway to
such point or points in Culpeper, Madison, Rappahannock, and Fau-
quier counties as may be desired.

§ 2. The said company shall have the right to acquire lands, heredita-
ments, easements, rights, and franchises along the route of said railway,
by donation, purchase, condemnation, or subscription, not to excced two
hundred acres of land, exclusive of the road-bed, in any one county; to
use, sell, or hold the same, and shall have the further right, with the con-
sent of the board of supervisors of the respective counties through or
into which said road shall be extended, to use as a road-bed for said rail-
way a portion or side of the public roads of said counties, which portion
of said public roads shall be selected by the board of supervisors of the
respective counties, in which case proper compensation shall be made to
the abutting land owners. And it may, with the consent of the council
of any city or town through which it may pass, or into which it may be
built, acquire the right to use the streets thereof as a road-bed.

§ 3. The said company may acquire, by condemnation, according to
the laws of Virginia, the land, easements, and rights required for the
necessary right of way, stations, depots, and power plants for its opera-
tions, and the successful execution of the rights, powers, and privileges
conferred by this charter.

§ 4. Said corporation shall have power to acquire the water powers of
the Rappahannock, Rapidan, and Hazel rivers, or any of the tributaries
thereof, to generate therewith electric power or other power for the opera-
tion of said railway, and for other purposes, and to market any excess of
power so generated by lease, or to use the same for manufacturing and
mechanical purposes; and for the purpose of so marketing or using such
excess of power, the said corporation is authorized and empowered to
erect a line or lines of overhead wires or conduits, bridges, or subways as
may be deemed best, and for the best interest of said corporations, over
the highways and lands of individuals or other corporations from the
place where such power is generated to the place where it is marketed or
used.

§ 5. It shall be lawful for said company to transport passengers, ex-
570 ACTS OF ASSEMBLY.

press, freight, and baggage over the lines of the railway, and to collect
such charges and tolls for the same, and make such charges for said ex-
cess of power marketed as aforesaid as may be prescribed by the board of
directors and not contrary to law.

§ 6. The said company may use electricity, steam, and water power,
or either or all of them, and all such engines, machinery, and other ap-
pliances as it may deem necessary to propel cars, engines, or other vehicles
along its road, and may use such power so required for any manufac-
turing or mechanical purposes.

§ 7. The capital stock of said company shall not be less than one hun-
dred thousand dollars nor more than five hundred thousand dollars, to
be divided into shares of one hundred dollars each, which may be paid in
cash, labor, material, bonds, stock, real or personal property at such valu-
ations as may be agreed upon between the directors and the several sub-
scribers, and the subscriptions for the capital stock may be payable in
such manner, amounts, and time as may be agreed upon with the board
of directors and the subscriber; but if at any time after the actual work
of the construction of said lines of railway, or any one of them, be com-
menced it shall be apparent to the board of directors that a larger capi-
tal is necessary to carry out successfully the purposes and powers granted
by this charter, and they adopt a resolution to that effect, it shall be law-
ful for the board of directors to increase the capital stock of said company
to such an amount as may by them be deemed appropriate: provided,
however, that before issuing such stock they shall certify to the secretary
of the Commonwealth the resolution of the board of directors authoriz-
ing and specifying the amount of the increase of the capital stock so au-
thorized, and paying the tax thereon required by law.

§ 8. The said company shall have the power to lease or sell its said
road franchises and appurtenances, or any portion of the same, and to
borrow money for the use of the company and secure the loans by deeds
of trust om all or parts of its road, estate, franchises, income, or other
property, real or personal.

§ 9. The said company is authorized and empowered to locate, con-
struct, equip, and operate any lateral or branch roads or tramways, not
exceeding twenty miles in length, which a majority of its directors may
determine upon, and by such route or routes as may be selected by the
board of directors.

§ 10. The board of directors shall be stockholders of said company,
and shall consist of such numbers as the stockholders may determine
upon, and shall be elected at the stockholders’ meeting, and the directors
shall elect one of their number president of said company.

§ 11. Any county or city through or into which the said road is au-
thorized to be extended may subscribe to the capital stock of said com-
pany, and issue its bonds to pay for the same upon the terms and condi-
tions herein prescribed—to-wit: The county or corporation court of any
county or city through or into which the said road is authorized to be ex-
tended in term time, or the judge of such court in vacation, on the appli-
cation of at least fifty freeholders who are residents of said county or
city, at any time within three years from the passage of this act, said
application stating the amount of the subscription proposed to be made,
and in a general way where it is proposed to locate said road-bed, whether
in said county or through said county, 4nd the extreme points of con-
struction within said county, shall make an order requiring the sheriff
of said county or the sergeant of said city, at a time to be designated in
said order, not less than thirty days from the date thereof, to open polls
and take the sense of the voters of the said county or city on the question
whether the county or city shall subscribe to the eapital stock of said
company: provided, the road proposed to be built by said company will
be located within or through the said county or city. The amount of sub-
scription to be voted upon shall not exceed the sum of fifty thousand
dollars by any one county or city, to meet and pay which subscription
bonds of the said city or county, bearing interest at a rate not exceeding
five per centum per annum, shall be issued, the payment of the principal
and interest of which shall be provided for by the levy of taxes as pro-
vided by law in such cases. The principal of said bonds shall be made
payable in thirty years from their date, with the right to said county or
city to call for and pay the same after fifteen years from their date. No
part of the subscription herein authorized shall be actually paid until a
commission of three freeholders appointed for that purpose by the county
or corporation court shall report that the road-bed has been located and
the title thereto obtained, by condemnation or otherwise, through the
county or city where it is proposed to extend said line through the county
or city or from the county or city line to the termination of said line
where the termination is to be in the county or city in substantial ac-
cordance with the application to said court for the order of the election,
and that said road has been constructed as contemplated in said applica-
tion and is ready for operation, and said report shall be confirmed by the
court. Each county or city subscription, subject to the foregoing limita-
tions, shall be due and payable as may be agreed upon between the board
of supervisors of said county or the council of said city, and the board
of directors of said company. There shall be attached to said bonds
coupons for the interest thereon, payable annually or semi-annually, as
the board of supervisors of the county or the council of said city may pro-.
vide, which shall be receivable in payment of all county or city taxes
accruing for years subsequent to the maturing of said coupons. The
bonds to be issued under this act shall be in such denominations as the
respective boards of supervisors or councils shall prescribe, and said
bonds and coupons shall be signed by the chairman of the board of super-
visors or mayor of said city, and attested by the clerk of said board of
said council, and the seal of the said board of supervisors or of said city
shall be attached to said bonds.

§ 12. The said election shall be conducted and the ballots cast thereat
shall be returned and canvassed and counted in the manner prescribed
by section twelve hundred and forty-four of the Code of Virginia, and
the provisions of chapter fifty-one of the Code of Virginia, so far as they
are not inconsistent with this act, shall apply to the election of the sub-
scription and the issuance and payment and provision, by levy or other-
wise, for the payment of the bonds issued hereunder as provided in this
act.

§ 13. If it shall appear by the report of the board of commissioners
appointed to count the said ballots that a majority of qualified voters
of the said county or city voting upon the question are in favor of the
subscription, and that said majority includes a majority of the votes cast
by the freeholders at such election, the said county or corporation court
shall at its next term enter an order requiring the supervisors of said
county or the council of said city to attend on a day and at a place named
in the order to carry out the wishes of the voters as expressed at said elec-
tion, and the said board of supervisors or council shall thereupon comply
with said order.

§ 14. The rights and privileges created by this charter shall be un-
affected by the provisions of section eleven hundred and forty-one of the
Code of Virginia, and any irregularity in the organization of said com-
pany under its original charter is hereby cured and made valid, and the
rights and privileges created by this act shall cnure to the benefit of said
company as at present organized.

§ 15. The board of supervisors of any county or the council of any city
subscribing to stock under the provisions of this chapter shall annually
appoint a discreet person to vote said stock at all stockholders’ meetings
held in the year following his appointment and until the appointment of
a successor, and such proxy shall be cligible for election as a director of
said company, and such board of supervisors or council shall have au-
thority to sell such stock at such times and upon such terms as they may
think judicious for the best interest of their respective cities or counties.

§ 16. All taxes due the Commonwealth shall be paid in lawful money
of the United States, and not in coupons.

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