Chap. 40.—An ACT to amend the charter of the Norfolk and Atlantic termi-
nal company.

Approved February 8, 1901.

1. Be it enacted by the general assembly of Virginia, That section five
of an act entitled an act to incorporate the Norfolk and Atlantic terminal
company, approved January twenty-cighth, cighteen hundred and ninety-
two, as amended and re-enacted by an act approved March first, cighteen
hundred and ninety-two, and as amended and re-enacted by an act
approved February second, eighteen hundred and ninety-cight, be
ee and re-enacted so as to read as follows:

The said company shall have the right to construct. equip and
oe rate one or more railway lines, to be propelled hy horse, steam, electric,
or other power, over said turnpikes or other routes from Sewell’s point,
in Norfolk county, over said Tanner’s creek into the city of Norfolk,
and to cross the tracks and right of way of the Norfolk and Western
railvay company by overhead crossings or viaducts if required so to do
by the board of public works under section ten hundred and ninety-four
of the code of eighteen hundred and cighty-seven, as amended; and to
connect either within or outside of said city by branch roads or sidings
with other railways or street-car lines running into the city of Norfolk.
upon such terms and conditions as are now provided by any existing ordi-
nance or ordinances of the city of Norfolk, or if the Norfolk and Atlantic
terminal company shall desire to operate its cars for more than fiva
hundred yards over and upon the track or tracks of any other such rail-
way or street-car company, then upon such terms and conditions as may
he mutually agreed upon by and between the said respective companies,
the said Norfolk and Atlantie terminal company to use none of the
streets of said city without the consent of the city councils and under
their regulations, and to acquire by purchase or condemnation proceed-
ings such lands as may be necessary to said tracks. roads, or for the
buildings and works of said company: provided, that nothing herein
contained shall be construed to authorize the construction. use and opera-
tion of any street railway within the limits of the city of Norfolk nearer
than two squares on any street parallel to any street which is now occu-
pied by a street railroad, or which the city councils of the city of Norfolk
have authorized the Norfolk city railroad or the Suburban and city rail-
read and improvement company, or the Norfolk street railroad company
to occupy; except, however, that the Norfolk and Atlantic terminal com-
pany may parallel any existing street railway or street railways to this
extent, that the Norfolk and Atlantic terminal company may construct.
equip and operate its railway lines upon Williams avenue and Omo-
hundro avenue as far north as twenty-fourth street, and from Omo-
hundro avenue, and from Williams avenue, and by wav of Armstead
bridge road to James street, and upon James street to Bute street, and, if
and when Tripoli street shall be extended from Wolfe strect to Bute
street, or James strect shall be extended to Wolfe street, then upon said
Tripoli street or James strect, so extended across Bute street, and to and
across Wolfe street to Market place, and upon Market nlace to the south
side of City Hall avenue; subject, however, to such consent to and subject
to such rules and regulations with reference to such use and occupation
of said streets by said company as may have been heretofore or may be
hereafter granted and prescribed by the councils of the city of Norfolk:
‘and provided, further, that the said company shall have no right to
acquire property in the corporate limits of the city of Norfolk by con-
demnation proceedings: ercept. however, that if said company shall use
any of the streets of the satd city for the location of its viaducts
or overhead crossings above mentioned, by and with the consent of the
councils of said city, it may have ascertained under and in accordance
with said section ten hundred and ninety-four of the code of eighteen
hundred and eighty-seven as amended, the damages, if any, required to
he ascertained under said section ten hundred and ninety-four, code of
eighteen hundred and eighty-serven, as amended.
2. This act shall be in force from its passage.