Chap. 326.—An ACT to incorporate the Norfolk county railway company.

Approved February 16, 1901.

1. Be it enacted by the general assembly of Virginia, That Charles
Adamson, Horace G. Williams, C. L. Pullen, W.:C. Patterson, and Wil-
liam Devine, or such of them as may accept the provisions of this act,
their associates, successors and assigns, be, and they are, hereby incorpo-
rated and made a body, politie and corporate, under the name and style
of the Norfolk county railway company, and as such are authorized and
empowered to locate, construct, equip, maintain and operate a street rail-
way for public use in the conveyance of persons and property by the
power of electricity, or by any other motive power, commencing at a point
in or near the city of Portsmouth, and running thence by the most practi-
cable route, to be selected by the board of directors of the said company.
through the county of Norfolk, to the village of Gilmerton, in the county
of Norfolk, or between any intermediate points in the said route, and for
the purpose aforesaid the said company shall have power and authority
to locate, construct, equip, maintain, and operate its street railway and
branches, including poles and wires for the transmission of electric cur-
rent along and through the streets of Portsmouth and along and through
the county roads and other roads of the county of Norfolk, and along and
through any other Jands which it may acquire, not exceeding sixty feet
in width: provided, that the use of streets in the said city of Portsmouth
shall be only with the consent of the council of said city, and the use of
county roads ag other roads shall be only with the consent of the county
court on the recommendation of the board of supervisors of the said
county, And the said company is authorized and empowered to locate.
construct, equip, maintain and operate all such power houses and other
buildings and structures, plants, machinery, and equipment as may, in
the opinion of its board of directors, be necessary for operating its lines
of railway: provided, that the amount of land acquired for such pur-
poses of the company, outside of its right of way, shall not exceed twenty
acres: provided, that nothing in this act contained shall be construed as
permitting the company hereby incorporated, its successors or assiens. to
construct any part of its works, either its main line or any of its branches.
to or through any point north of the line of the Atlantic and Danville
railway company, running from the city of Portsmouth to Shoulder’s
hill; but nothing in this proviso shall affect or limit any power now
possessed by any company with which this company may connect, unite,
merge or consolidate: provided, however, that none of the powers or
franchises contained in this act sha!l add to or apply to or be used in
connection with the powers of such other company, so far as the works
of such other company may be now or herealter constructed uorth of the
said line of the Atlantie and Danville railway company.

2. The said company shall have perpetual succession, and have power
to sue and be sued, plead and be impleaded, defend and be defended in
all courts, whether at law or in equity, and may make and have a com-
mon seal, and alter or renew the same at pleasure; and shall have, possess
and enjoy all the rights and privileges of a corporation or body politic
in the law and necessary for the purposes of this act.

3. The capital stock of the said company shall not be less than five
thousand dollars, and may from time to time be increased to any amount
not excceding twenty-five thousand dollars, by the issue and sale of shares
of preferred « or common stock, or both, upon such terms and conditions
and under such regulations as the board of directors of said company
shall prescribe, the par value of which shall be one hundred dollars each ;
and the directors may receive cash, labor, materials, bonds, stock, real or
personal property, rights of way and other rights in payment of subscrip-
tions to the capital stock, at such valuation and at such prices as may be
agreed upon between the directors and the subscribers, and may make
stich subscriptions pavable in such manner or amounts and at such times
as may be agreed upon with the subscriber; and whenever fifty shares
shall have been subscribed to and the sum of five hundred dollars paid
in cash, the subscribers, under the direction of the incorporators herein-
before named, who themselves shall be subscribers, may organize the
said company by electing a president and board of directors, and bv
electing or providing for the appointment of such other officers as may be
necessary for the control and management of the business and affairs of
said company; and thereupon they shall have and exercise all the powers
and functions of a corporation under their charter and the laws of this
state.

4. It shall be lawful for said company to borrow money, and issue and
sell its bonds from time to time for such sums and on such terms as its
board of directors may deem expedient and proper for any of the pur-
poses of the company; and may secure the payment of said bonds bv
mortgages or deeds of trust upon all or any portion of its property—real
or personal and mixed—its contracts and privileges, and its chartered
rights and franchises, including its franchise to be a corporation; and
it may, as the business of the company shall require, sell, lease, convey,
and encumber the same.

5. It shall be lawful for said company to guarantee, subseribe to, and
hold shares in, the capital stock of, or the bonds of any railroad, manu-
facturing, or other corporations chartered under the laws of the state of

Virginia, or anv other state; and any such railroad, manufacturing, or
Ay
other corporation may subscribe to, guarantee, or hold the stocks or
bonds of the said company.

6. The said company is authorized and empowered to locate, construct,
equip, maintain and operate any lateral or branch roads, not to exceed
ten miles in length, which a majority of its stockholders may determine
to locate, construct, equip, maintain and operate, and by such route as
may be determined by its board of directors; and the said company may
connect or unite its said road with that of any other company or com-
panies, or consolidate and merge its stock, property, and franchises with
and into those of any other company or companies chartered by the
general assembly of the state of Virginia, upon such terms and under
such name as may be agreed upon between the companies so uniting or
connecting, merging or consolidating; and for that purpose power is
hereby given to it, and such other company or companies to make and
carry out such contracts as will facilitate and consummate such connec-
tion, merger or consolidation, or anv lease or sale: provided, that a copy
of every such contract of any consolidation and merger be filed in the
office of the board of public works: provided, that nothing in the general
law shall be construed as authorizing the company hereby created to ex-
tend any of its branches beyond the limit herein fixed of ten (10) miles
in length: provided, that no branch or main line shall be located or con-
structed under this charter to cross the eastern branch of the Elizabeth
river west of or below the drawbridge of the Norfolk and Western rail-
way company, nor to cross the southern branch of the Elizabeth river at
any point.

. It shall be lawful for the said company to acquire by donation or
purchase or by condemnation according to the laws of this state relating
to the acquisition of lands by internal improvement companies, land for
right of way, depots, power stations and other purposes necessary for the
successful construction and operation of its road. including the use of
land for erecting thereon poles and wires along the line of the road or
elsewhere as may be necessary or desirable, in order to transmit and dis-
tribute electricity to motors or cars along its line, and to connect its
road with a plant or plants from which the said company may desire to
derive electric power, and to contract with other corporations for the
supply of power which it may require for the operation of its road, and
for the purposes aforesaid the said company may acquire property hy
donation, purchase, or condemnation as aforesaid.

8. The said company shall be required to commence the construction
of said railroad within two vears from the passage of this act, and to
complete the construetion of the same within five vears thereafter.

9. Each stockholder in the company shall, at all meetings or elections.
be entitled to one vote for each share of stock registered in his name. And
the stockholders of said company may enact such by-laws, rules and regu-
lations for the management of the affairs of said company as they may
deem proper and expedient.

10. The board of directors shall be stockholders of said company, and
shall consist of such number as the stockholders may determine upon.
and shall be elected at the stockholders’ annual meeting, to be held on
such days as the by-laws of the company may direct, and shall continue
in office for the term of one year from and after the date of their elec-
tion, and until their successors are elected and accept the duties of the
office, and they shall appoint one of their number president, and in case
of the death, resignation, or incapacity of any member of the board of
directors during his term of office, the said board shall elect his successor
for the unexpired term.

11. The board of directors may establish offices and agencies at such
places as they may deem proper, but the principal office of the company
shall be in the state.

12. All taxes due the commonwealth by said company shall be paid in
lawful money of the United States and not in coupons.

13. The Norfolk county railway company shall be subject to all the
duties and restrictions imposed by the general laws of Virginia governing
railroads, corporations generally, and internal improvement companies.

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