Chap. 601.—An ACT to incorporate Faulkland Development Company.
Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That Edmund
Shiefer, Ef. M. Shifer, R. Holt Haslev, Ta. K. Nasley, Wood Bouldin, and
such other persons as may hereafter be associated with them, their sue-
cossors and assigns. be, and they are hereby, constituted a body politic
and corporate under the name of the Faulkland Development Company.
and by that name shall have perpetual succession and the power to adopt.
make, and use a common seal, and the same to renew or change at their
pleasure, and shall be competent to sue and be sued, plead and be im-
pleaded 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 government of said corporation, and
the conduct of its business and affairs as they may deem necessary or ex-
pedient, 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 and expe-
dient, all such by-laws, ordinances, and regulations, 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 insti-
tuted.

2. The said corporation is authorized and empowered to engage in any
manufacturing business in the county of Halifax, Virginia, and in coun-
ties adjacent thereto, except the county of Pittsylvania, and to acquire,
construct, and own buildings and machinery in such counties for manu-
facturing purposes of any nature whatsoever, and to acquire, purchase,
own, and operate mines, mineral properties, and stone quarries, and may
mine, manufacture, transport, and sell all stone, metals, minerals, and
their products; and to acquire, purchase, own, construct, and operate
street railways, electric and other tramways and ‘telephone lines, and to
furnish water for either drinking, domestic, manufacturing, or hydraulic
purposes 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, trans-
mitting, and distributing power; and as appurtenances to the said lines
of power transmission and its branches, the company may acquire, own,
hold, develop, sell, or otherwise dispose of water powers and water privi-
leges, 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, sell-
ing, 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 land flowed or submerged with the
water accumulated by its dam, shall not exceed ten thousand acres, ex-
clusive of right of way, and said company may construct ivs pole and
wire lines and conduits along or under county roads, subject to such reg-
ulations as the board of supervisors of the several counties of the State
of Virginia, who are hereby vested with the power to prescribe such regu-
lations, may prescribe for such use of said roads as will protect the pub-
lic, 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
G12 ACTS OF .ASSEMBLY.

utilize the whole power of the Dan river and all its channels, effluents,
and branches above a point one mile below the mouth of Hyco river, in
Halifax county, Virginia: provided, that nothing in this act shall be con-
strued as authorizing the said company to impair or infringe upon the
vested rights of other persons, nor to authorize it to exercise the right of
eminent domain, except for the construction of street railways, and as
further authorized in section three of this act.

3. That for the purpose of accumulating, developing, and utilizing
the whole of said waters as aforesaid, or so much thereof as it may deem
necessary or proper, the said corporatiow is hereby fully authorized and
empowered to construct and erect a dam across said river at any point or
points on said river between the up-stream end of Jones’ island and a
point one mile below the mouth of Hyco river, the dam or dams to be of
such a height as said company shall determine, not exceeding such height
as will raise the normal water at the up-stream end of Jones’ island more
than nine feet above the usual water level in said river, and also to ex-
tend as far as may be necessary or proper, construct, erect, and abut tbe
ends or wings of said dam or dams on 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, cifluents, and branches such
auxiliary dams, walls, bulkheads, dykes, mounds, embankments, barriers,
canals, ditches, water ways, culverts, conduits, and escapes or other agen-
cies as may be necessary or proper to confine the waters of said river, or
any of its said channels, effluents, and branches, within the limits of the
pond proposed to be formed by the erection of said main dam and its said
wings, or to facilitate or divert the flow of streams of water 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 mainte
nance 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 chan-
nels, effluents, and branches, or in, on, along, or near streams, brooks,
water courses, ditches, gulches, sinks, hollows, depressions, or surfaces
flowing thereinto or adjacent 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 afore-
said to pond the waters of said river, and all its said channels, eftluents,
and branches, and also to submerge, overflow, or flood such lands as it
may be necessary or proper to submerge, overtow, or flood for the pur-
pose of securing the free, full, safe, and convenient escape and return
into said river of the waters thereof after passing said main dam; and
also generally to do and perform any and all acts and things, and ex-
ercise any and all powers, rights, and privileges that it may be necessary
or proper for it to do, and perform 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, ex-
elusive, and untrammeled possession, 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 ordinary mode of acquisition, in fee
simple, or otherwise, and to take, appropriate, or acquire, by condemna-
tion 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, the legal requirements, rules, condi-
tions, and procedure in case of condemnation to be the same as those
prescribed by sections one thousand and seventy-four to one thousand
and nincty-one, both inclusive, of the Code of Virginia, relating to con-
demnations by internal improvement companies and other corporations,
except that the report of the commissioner and other proceedings shall
be so framed and pursued as to clearly distinguish between lands, strictly
speaking, and their appurtenances on the one hand, and incorporeal
hereditaments, rights, riparian or otherwise, easements and privileges
in lands and their appurtenances on the other; and also so often and so
far as said corporation may deem necessary or proper 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 purt or parts of said whole
scheme of hydraulic development; and also to exercise all rights and
powers conferred upon internal improvement companies by sections one
thousand and seventy-two and one thousand and nincty-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 corpo-
ration 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 indircetly, to its uses, and, in order to do so,
may make, create, build, construct, erect, lay, maintain, and operate such
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 persons, natural or artificial,
desiring to use the same; or, but this provision is not intended to be alter-
native merely, it may build, erect, maintain, and operate a power house
or power .houses, supphed with all necessary and proper engines, ma-
chinery, and equipments, and gencrate electricity with said power, and
apply said electricity by and through all necessary and proper agencies
of transmission and distribution, whick said agencies it is hereby em-
powered to create and establish to its own uses, for heat, light, or power,
or any and all other uses to which the electric current may now or at any
time hereafter be applied or applicable, and may sell, lease, or otherwis
dispose of, upon such terms as may be agreed upon between the particx
any surplus of such electricity over and above its own uses for any or al
of the same purposes to any and all other persons, natural or artificial
desiring to use the same; but this section is not to be taken as denying t
sald corporation the right to use steam or any cther kind of power for it
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 property
land, incorporeal hereditaments, rights, riparian or otherwise, easement
and privileges that may be necessary, proper, or convenient for the purpose:
of the preceding section, and may in like manner acquire all necessar\
and proper parcels or tracts of land and sites for its mills, manufactories
outbuildings, and tenements for its officials, agents, employees, operatives
and servants, and such other buildings, structures, and improvements a:
may be rendered necessary or proper by its business, which may embrac
any other business, whether manufacturing or otherwise, that may seem
to said corporation capable of being conveniently carried on in connec:
tion with its main operations or calculated, directly or indirectly, to en-
hance the value of said corporation’s property or rights, and may erect
and maintain said mills, factorics, outbuildings, and tenements, and sueh
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 inereased, from time to time, by a vote of the
majority of the stoc ‘holders upon. the payment of the additional tax re-
quired by law into the treasury of the State of Virginia, or to the auditor
of public accounts, to cover such increase of capital, and a copy of the
resolution authorizing such increase shall be lodged with the secretary
of the Commonwealth. Subscriptions to said capital stock, or any in-
erease thereof allowed as hereinaftcr mentioned, may be made in money.
labor, services, and outlay in promoting the future existence and opera-
tions of said corporation, materials, supplies, machinery, equipments,
plant, outfits, land, or any other form of: property—real, personal, o
mixed—including the capital stock of other corporations, rights, ease-
ments, or options, upon such terms and conditions as may be agreed upon
hetween the said corporation and subseribers.

7. That said corporation may acquire by lease, purchase, subscriptions
to or purchase of their capital stock or otherwise, and hold, use, exercise.
and operate the works, plants, property, assets, franchises, rights, priv-
ileges, and immunities of any other corporation, and said corporation
may unite and consolidate with any such other corporation upon such
terms as may he agreed upon between them, end the 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 consolidaic
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 extin-
guish or sell and transfer the same, and may hold, manage, enjoy, use,
improve, operate, and exercise, mortgage, pledge, encumber, sell, lease,
or otherwise dispose of the whole or any part of its works, plants, prop-
erty,-assets, franchises, rights, privileges, and immunities, and may bor-
row money for any or all of its corporate purposes, and issue its negotiable
bonds, registered or coupon, therefor, and secure the payment of the
same by mortgi age or deed of trust, mortgages or deeds of trust, upon the
whole or any part of or parts of its works, plants, property, 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 sueh branch
offices elsewhere in or out of this State as it may deem necessary or proper.

9. 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.