Chap. 600.—An ACT to amend and re-enact an act entitled an act to incor], rate
the Berkley Street Railway Company, approved February 3, 1888.

Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That an act en-
titled an act to incorporate the Berkley Street Railway Company, ap.-
proved February third, eighteen hundred and eighty-eight, be amendec
and re-enacted so as to read as follows:

$1. Be it enacted by the general asse mply of Virginia, That John H
Hodees, William S. Butt, James Little, James W. McDonough, Wilhar
S. Rudd, George D. Parker, John M. Berkley, Edward M. Tilley, Wil.
liam W. Coggin, and Marcellus Miller, their associates and successors, be
and they are hereby, constituted a body politic and corporate by the name
and style of the Berkley Street Railway Company.

§ 2. The said company shall have power and authority to construct,
cquip, maintain, and operate a street railway in the county of Norfolk,
Virginia, in the city of Norfolk, Virginia, and the city of Portsmouth,
Virginia, and to use such streets or roads in the town of Berkley as may
be necessary, with the consent of the council of the town of Berkley, and
to use such streets or roads in Washington magisterial district, of the
county of Norfolk, as may be necessary, with the consent of the board of
supervisors of said county or a majority of the owners of the real estate
through and along which said railroad shall run, and with authority to
use such streets in the city of Norfolk and the city of Portsmouth as
may be necessary for its purposes, with the consent, however, of the
councils of said cities, respectively.

§ 3. It shall be lawful for said company to transport passengers,
freight, and baggage over the line of said railroad, and to collect fares
and tolls for the same, and it may use horse, steam, or electric power to
propel the cars over said road.

§ 4. 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.

§ 5. The said company may acquire and own real estate, not to exceed
five hundred acres, and shall have its principal office in the county of
Norfolk, Virginia.

§ 6. Said company shall have power and authority to lease its road or
roads, to borrow money for the use of the corporation, and to secure such
loans by deed of trust or mortgage on all or any part of its estate, fran-
chise, income, or other property. Said company shall also have the right
and power to subscribe to, purchase, and own the stock of any other cor-
poration or corporations incorporated under the laws of the State of Vir-
ginia or elsewhere.

§ 7%. Said company shall have the power and authority to consolidate
with or to operate with any street railway or other corporation incorpo-
rated under the laws of the State of Virginia upon such terms and condi-
tions as shall be agreed upon by them: provided, however, that such agree-
ment shall be ratified by the stockholders of each company in general
meeting, and a copy of the same shall be filed with the board of public
works of the State of Virginia; and authority is hereby conferred upon
any other street railway or other corporation desiring to consolidate with
or to enter into an operating agreement with the Berkley Street Railway
Company to do so: provided, however, that such agrecment shall be rati-
fied by the stockholders of such company as aforesaid.

§ 8. The incorporators -hereinbefore named shall constitute the first
board of directors of said company, and until their successors are named
by the stockholders of said company shall manage the affairs of said com-
pany and elect a president, treasurer, and such other officers as may be
necessary.

$9, William 8. Rudd, James W. McDonough, and George D. Parker
are by this act constituted and appointed to open the books of subscrip-
%10 ACTS OF ASSEMBLY.

tion to the capital stock of said company, and when one-third of the stack
is taken, the stockholders may organize by the election of such offiecrs
ax may be deemed necessary for the management of the business of sa:
company.

$10. The said company, by its acceptance of this charter, herely
agrees to pay all taxes, dues, and demands of the State of Virginia in
lawful money of the United States, and not in coupons.

S11. The eapital stock of the said company shall not exceed five hun-
dred thousand dollars: provided, however, that the shareholders, at any
revular meeting, or at a meeting called for that purpose by a vote of thn
owners and representatives of two-thirds of the then capital stecs.
may increase the same, from time to time, or may authorize the beard «t
directors to increase the sane: provided, however, that whenever the said
capital stock of the said company shall be inereased, the said company
shall pay to the State of Virginia such additional sum as to make the
amount of tax paid by this company on its charter equal to the amount
of tax which would have been required had the company originally been
chartered with a capital stock of the maximum to which it has been
raised by the stockholders: and provided, further, that there shall be no
increase in the capital stock as is provided for in this section, unless and
until notice of such purpose to increase shall have been given to the an-
ditor of public accounts and the additional tax shall have been paid, and
any failure to comply with the provisions of this section as to the addi-
tional tax shall work a forfeiture of all the rights granted by this charter.

$12. This act shall be in force from its passage.