Chap. 61.—An ACT to incorporate the Virginia internal improvement com-
Pany.

Approved February 9, 1901.

1. Be it enacted by the general assembly of Virginia, That Charles
Hall Davis, of Petersburg, Virginia; Philip Rogers, of Sussex county,
Virginia; Augustus Wright, of Petersburg, Virginia; Richard B. Davis,
of Petersburg, Virginia, and Carter R. Bishop, of Petersburg, Virginia,
and such other persons as may hereafter be associated with them, their
successors and associates, be, and they are, hereby constituted a body,
politie and corporate, to be known as the Virginia internal improvement
company, and by that name shall have perpetual succession; may sue
and be sued, plead and be impleaded in all the courts of law and equity
of this state, and may have, make and use a common seal and the same
break, alter and renew or change at their pleasure, and may make, ordain,
establish, alter or amend by-laws. ordinances and regulations concerning
all matters of organization or business herein specifically provided for, as
they may think proper, and generally may do other acts and things neces-
sary to carry this act into effect, or to promote the objects or welfare of
this corporation: provided, that such by-laws, ordinances, and regulations
be not inconsistent with the laws of this state or the United States.

2. The said company is hereby empowered to promote, establish, and
maintain the business of a general electric railway and internal improve-
ment company, and to erect, establish, maintain and operate, and pur-
chase, lease, sell, or mortgage a plant or plants in the city of Petersburg,
or in any other of the citics and towns of the state of Virginia, and in the
counties and villages of the said state, for the generation of electricity
and the supply of electric current for its own use, and for sale to persons,
natural or artificial, desiring to use the same for light, heat or power, or
for any and all other uses to which the clectrie current is now, or may
be at any time hereafter applied or applicable; and may manufacture,
use and sell, distribute and furnish the same for all said purposes, to any
and all persons, parties and corporations desiring to use the same, upon
such terms as may be agreed upon between the contracting parties, and to
purchase, manufacture, and sell all apparatus and appliances used in
connection therewith.

3. It may build, purchase, rent or otherwise acquire and maintain and
operate in the streets, allevs, avenues and public highways of the said
city of Petersburg, or of any of the other cities, towns, villages, or coun-
tics in the said state, and in, over or under any of the public waters of
the state, subject, however, to the consent to or authorization of the loca-
tion thereof by the councils of said cities and towns, and to such restric-
tions, conditions and limitations as may be imposed by such
cities or towns when such Joeation is authorized, and subject
to the consent to or authorization of the location thereof by
the county judges of the county courts of the several counties
of the state, and the hoards of supervisors thereof, who are hereby vested
with the power to grant such consent and authorization, within and
through which the poles, wires, sub-ways, underground conduits, and
submarine cables and other electrical conductors of the said company may
be constructed ; such or any line or line of poles and wires and of under-
ground conduits or sub-ways, and submarine cables, or other conductors
or conduits ; for the carriage or support of electric wires with the neces-
sary fixtures, stations, terminals, or other facilities connected therewith,
as nay be necessary and suitable for the proper, free and convenient car-
rving on of the business of the company; and the same may sell, lease,
mortgage and otherwise dispose of, as the company may deem best; and
said company may take and acquire by purchase, lease, or conde ‘mation,
according to law, and may hold such real estate, not exceeding the
amount hereinafter limited and provided for, as may be found necessary
and convenient for the establishment, erection and maintenance of such
lines of poles and wires and underground conduits and sub-ways, and
submarine cables, together with the necessary fixtures, stations, terminals
or other facilities, and for any other of the purposes and uses of the
said company ; the mode of condemning such real estate being the same,
and the same powers being hereby given to the officials and courts of
this state in such condemnation, as are provided by the laws of Virginia
for the condemnation of lands by companies incorporated for works of
internal improvement.

‘+. The company may, for the purpose of generating electricity, utilize
steam and water power, and any other available power, and in order so
to do, may purchase, erect, maintain and operate, lease, sell, mortgage
and otherwise dispose of all the land, buildings, structures, factories,
machine shops, and machinery that may be necessary, convenient and
suitable for the general business of the company. It may construct,
lease, purchase, acquire, own, maintain and operate or sell canals or
canal flumes or parts thereof, and any other structures or devices for the
utilization of water power, including water wheels, dams, sluices, water-
Wavs, wasteways and gates in the beds of the streams and rivers of this
state and through the intervening country. Tt may aequire, by purchase
or lease from any individual or company, any tights he or it may have
to use the water of the Appomattox river or of any other stream or
streams in the state. The power is hereby given to any company desiring
to sell such rights to it, to do so: provided, however, that upon such sale
taking place, all statutory duties. obligations and conditions to which the
vendor company shall be subject shall be. and they are, hereby transferred
from such company and imposed upon the said Virginia internal im-
provement company, and shall be binding on it alone. But it is not
intended by any provision herein to grant any power to said company to
build any dam, gates. sluices, canals. waterways, or wastew ays, or do
any other act whatever which shall in any way diminish or interfere
injuriously with the stream or flow of water necessary for the water
works or its appurtenances or water supply of any town or city.

5. The said company may construct. own, lease, purchase. maintain
and operate or sll or mortgage electric railways in the said city of Peters-
a or in any other of the towns, cities and counties of the state of
Virginia. and may take reasonable tolls for the transportation of persons
or property, and mav construct, maintain. lease, own and operate or sell
or mortgage bridges, viaducts, and aqueducts of wood, stone, iron o1
other suitable material for its uses or for the use of the public, and may
take tolls from persons or corporations using the same: provided, how-
ever, that the council of the said city of Petersburg and municipal author-
ities of any other city or town where those rights are to be exercised, and
the judges of the couniy courts and the boards of supervisors of the
counties, who are hereby vested with the authority so to do, shall first
consent to the location of the said railways to be constructed on the
streets and highways of the said cities and in or through the counties
within their respective Jurisdictions; and all lines of railway built by the
said company, or owned, controlled and operated by it, shall be at all
times subject to all restrictions, conditions and limitations of whatsoever
nature which may be imposed respectively by the councils of said cities
and towns, or by the judges of the county courts of said counties, and
the boards of supervisors thereof, when such location is authorized, as to
so much of said railway as may be within the limits or jurisdiction of
said cities, towns and counties, respectively. And the said company may
construct, maintain and operate its railways over bridges across the
Appomattox river and other rivers of the State of Virginia, already con-
structed or to be constructed, subject to all reasonable limitations and
agreements that may be imposed by the persons or corporations owning
and controlling the same, or by the officials having control of such bridges
and having power to grant such use.

6. The capital stock of said company shall be not less than one hun-
dred thousand dollars, divided into shares of one hundred dollars each.
Subseriptions to the capital stock may be received by the corporators
herein named, or any three of them, at such time and place as they
may appoint. with or without public notice, as they may deem best ; and
as soon as the minimum capital stock has been subscribed, the said sub-
seribers may organize as a corporation and proceed to the election of a
president and board of directors and such other officers as they may
see fit, and may adopt such by-laws and regulations as may be proper
for the management of the affairs of the company; and thereafter the
said company shall have power from time to time to increase its capital
stock by a vote of the majority in interest of said stockholders, when it
shall have lodged in the office of the seerctary of the commonwealth a
certified copy of the resolution authorizing such inerease, and shall have
paid into the treasury of the state the tax upon such increase, as required
by law. Subseriptions to such increase in the capital stock of the said
company may from time to time be taken and received by the board
of directors of said company in such amounts as they may determine,
with or without publie notice. as they may deem best. The entire capi-
tal stock of the said company may be issued as common or preferred
stock, or part thereof common and part preferred, as the directors may
determine. Subscriptions to the capital stock of the company may be
pavable in money, land, labor, services. materials, rights, or other prop-
erty, or in the capital stock of other corporations of a like character
upon such terms and conditions as may he agreed upon between said com-
pany and the subscribers.
7. The company hereby incorporated may acquire by lease or purchase,
subscription to or purchase of its capital stock or otherwise, and use and
operate the works, property, franchises, rights, privileges, and immunities
of any other electric railroad company or companics or of any company
or companies incorporated for the purpose of manufacturing or furnish-
ing electricity for private or public use, having such power so to do in its
charter; and the company hereby incorporated may unite and consolidate
with such other company or companies upon such terms as may be
agreed upon between them under its own name or the name of such other
company, or any other name that the companies so consolidated may
agree upon. And power is hereby conferred upon such company or com-
panies to transfer by sale or lease their works, properties. franchises,
rights, privileges, and immunities to the company hereby incorporated,
or to unite and consolidate with it upon such terms as may be agreed
upon between them. The consolidation and merger of such companies
and the organization of-such consolidated company shall be deemed and
taken as final and complete so soon as the agreement of such consolida-
tion fixing the name, terms, and conditions thereof shall be lodged in
the clerk’s office of the hustings court of the city of Petersburg: and the
said consolidated company, under whatever name may be so agreed upon,
shall thereupon be invested and clothed with all the powers, rights, privi-
leges, franchises, and properties of all of the companies so consolidated,
and subject to all the duties and obligations of the same at the time of
said consolidation. The company hereby incorporated shall have power
to acquire stock, bonds, and other securities of any company incorporated
for any one or more of the purposes for which this company is incor-
porated or engaged in conducting any business to be carried on by this
company or for which it is incorporated. This company may also
acquire, by purchase or lease, and maintain or operate the water-works
of the city of Petersburg, should the city desire to sell the same, or it
may sell water to the said city upon such terms as the said city may
agree upon with the said company, but without prejudice to the legal
rights of any riparian owner along the Appomattox river. And the
said company may also scll or lease and furnish water power and water
for developing power, or for other purposes, to such persons or corpora-
tions as may desire to purchase the same.

8. The amount of real estate to be owned and held by the said com-
pany, exclusive of its road-beds. canals, and other rights of way, shall
not exceed ten acres in each incorporated city or town, nor two hundred
acres in each county in the state of Virginia, in or through which it may
operate, but the limitations shall be exclusive of such Jands as the com-
pany may acquire for the purpose of constructing dams and reservoirs
along the Appomattox river.

9. The principal office of the company shall be in the city of Peters-
burg.

10. The company may dispose of the whole or any part of its property,
however acquired, by sale, lease, or otherwise; may borrow money, may
issue bonds, either registered or coupon, and may seenre the payment of
the same by mortgage or deed of trust upon the whole or any part of
its property, works, rights, franchises, and privileges: provided, how-
ever, that nothing in this act shall be construed as allowing or author-
izing the construction of a line of railway between the cities of Rich-
mond and W ashington: and provided, further, that nothing in this act
shall be so construed as to entitle said company to construct any street
railway or works on any street within the limits of the city of Nor-
folk, or the city of Newport News, the town of Hampton, or the counties
of Elizabeth City, Warwick, or Norfolk.

11. Said cor poration shall pay all taxes due to the state of Virginia in
lawful money of the United States, and not in coupons.

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