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Preamble

Authority to construct, own, and work a

railroad, prenal points and

scribing termi

counties through which

road is to run

Power of the

Royal land company of Virginia to purchase, control,

CHAP. 19.-An ACT to amend the charter of the Royal Land Company of Virginia, and to enlarge the corporate powers and franchises, so as to enable it to purchase, construct and operate a railroad from its lands to the Potomac river, and ship from the terminus thereof minerals and merchandize.

Approved January 11, 1877.

Whereas it appears to the general assembly that the charter of incorporation granted by the Honorable M. Bird, judge of the eighteenth judicial circuit, on the twenty-seventh day of March, eighteen hundred and seventy-six, to S. D. Karns, P. Y. Hite, and others, under the corporate name of the Royal land company of Virginia, and the amended charter of the said company granted by the same judge on the twenty-fifth day of September, eighteen hundred and seventy-six, are insufficient and inadequate in the scope of the rights, powers and privileges therein delegated, to enable the said company to develop fully and utilize its various coal-fields, iron ore beds, and other minerals, because of lack of power and franchises under said charter in said company to construct, own, equip, and operate the railroads needful for the successful mining and manufacturing operations of said company; and whereas it is represented that this absence of means of transportation to and from the coal-fields and iron ore bed owned by the said company, greatly impedes and retards the mining, removal and shipment of its coal, iron and other minerals to the markets of the world; and that it is desirable on the part of said company to secure and obtain railroad facilities from its anthracite coal-fields in the county of Rockingham to tide-water in Virginia; and it appears to the general assembly that the grant of ample powers and franchises to said company to acquire such railroad facilities will increase its capacities for large industrial operations, as well as create new lines of transportation beneficial to the people of the state; therefore,

1. Be it enacted by the general assembly, That it shall and may be lawful for the Royal land company of Virginia to Own, construct, equip, control, work, and manage a railroad from the western boundary of this commonwealth in Augusta or Rockingham counties, eastward by the town of Harrisonburg, through Rockingham, Greene, Orange, Spotsylvania, Stafford, and King George counties, to some point on the Potomac river at or between Matthias' Point and Quantico, with all the privileges and subject to all the provisions of law regulating internal improvement companies.

2. That it shall and may be lawful for the Royal land company of Virginia to purchase, own, control, construct, equip, and operate the Potomac, Fredericksburg and Piedand operate the mont railroad, with the privilege of reducing the gauge Potomac, thereof at its pleasure, upon the terms and conditions that and Piedmont may have heretofore been agreed upon, by and between the

Fredericksburg,

change the

president and board of directors of the said railroad company railroad, and to and the individual stockholders of the Royal land company gauge of Virginia; and upon the full performance of the terms and Conditions conditions of said contract of purchase as to the completion. and equipment of the railroad from Fredericksburg to Orange Courthouse the Royal land company of Virginia shall have and enjoy as full power, authority, and right to own, hold, operate, and use said railroad as are granted to railroad companies under the general railroad law of Virginia, and shall in all respects be subject to all the provisions of law relating to internal improvement companies.

franchises of

company of

solidated com

3. That it shall and may be lawful for the Royal land Authorized to company of Virginia to purchase and hold the rights, fran- hold the rights, purchase and chises, and privileges of the Shenandoah Valley and Ohio privileges, and railroad company heretofore incorporated by the general the Shenandoah assembly, upon such terms and conditions as may be agreed Valley and Ohio on by and between the stockholders of the said railroad company and the Royal land company of Virginia, and upon when vested in the completion of such purchases all the rights, franchises, Royal land privileges, property, and things of the said Shenandoah Val- Virginia ley and Ohio railroad company shall pass to and shall be fully and absolutely vested and incorporated in the Royal land Name of concompany of Virginia, and said internal improvement company pany shall then be known by that name only; and it shall and may be lawful for the Royal land company of Virginia, in the construction of the said Shenandoah Valley and Ohio railroad, to diverge and deviate from the prospected route Power to named in the act of incorporation of the said railroad, and to change route construct its railroad along or near the following route: that is to say, beginning at a point on the West Virginia line not further south than Briery Branch gap, and running thence. along Dry river eastward by way of Mole Hill to Harrisonburg, and thence by way of Swift Run gap through the counties of Orange and Greene to or near Orange Courthouse; and to construct said road upon such gauge as to said com- Gauge pany may seem desirable; and the said Royal land company

of Virginia is hereby invested with all the rights, privileges, Invested with and powers, and subject to all provisions of law relating to certain rights internal improvement companies by the general railroad law

of this state now in force: provided, that the said railroad Proviso
company shall not locate or construct their road or branches
into or through North River Valley, in Augusta county, that
being the line surveyed and adopted by the Washington,
Cincinnati and St. Louis railroad company; but this prohibi-
tion shall not be construed to prevent said company from
building a branch railroad from its main line, crossing said
North River Valley: provided that such branch road shall
not run in and along said Valley for a greater distance than
two miles: and provided further that such branch shall not
be constructed until after the said Royal land company shall
have constructed its main line from Orange Courthouse to
Briery branch.

Authority to construct branch roads

The rights, &c.,

of purchased or be enjoyed

4. That it shall and may be lawful for the Royal land company of Virginia to construct branches or lateral roads from its said main line to Madison courthouse, to any point in Rappahannock county, and to Charlottesville, connecting with or crossing other railroads; and said company shall have power to construct a branch of its railroad from any point on its line east of Fredericksburg, through the counties of Stafford, King George, Westmoreland, Richmond and Northumberland, to any point or points upon the Potomac river or the Chesapeake bay and their tributaries.

5. That the Royal land company of Virginia shall hold, leased roads to operate, use, and enjoy the railroads so purchased or taken on lease during its ownership or lease thereof, in the same manner, to the same extent, and with the same powers, franchises, privileges and immunities, and subject to all laws, in all respects that belong or appertain to said railroad companies from whom the same are purchased or leased, under their respective charters.

Right of way,

cured

6. That it shall and may be lawful for the board of super&c., how pro- visors of any county, and council or trustees of any city or town through or to which the said road may run, to donate to the Royal land company of Virginia rights of way, material rights, real estate or personalty, but such donation shall not be made until the voters of any such county, city or town, shall have agreed to the same by a vote thereof, taken in the manner that is now prescribed by law for voting subscriptions by counties, cities and towns, to the stock of interPrivate proper- nal improvement companies. But nothing herein contained

ty not to be taken without compensation

Proviso

Power over its lands

To borrow money, issue

bonds, and secure same by mortgages

shall be construed to authorize the taking of private property or rights of any kind for the use of said company without just compensation therefor, to be ascertained according to law in such case: provided that no donation by any one county under this section shall exceed the sum of thirty thousand dollars in money.

7. That the said company shall have power, and may lay out any part of its lands into parcels or lots of convenient size, with intervening roads, lanes, streets and alleys, and improve, cultivate, sell, grant, lease, mortgage, or otherwise dispose thereof in such manner and upon such terms as the said company may think proper.

8. The said company shall have power to borrow money at a rate of interest not to exceed eight per centum per annum, issue its bonds for the same, and to pledge the property, franchises and rights of the company by mortgage or otherwise, which may exist at the time of the mortgage or other lien, or be thereafter acquired by said company, for the pay May sell bonds ment of the same and the interest that may accrue thereon, at less than par and the company may sell its bonds at less than par.

Rates of toll for travel

9. That it shall and may be lawful for the said company to charge the following rates of toll for travel, viz: for a passenger and his baggage (within one hundred and fifty pounds) not to exceed five cents a mile.

strictions

10. The said company shall not for the transportation over For freight; rethe same distance and in the same character of trains, charge, take or receive a higher rate for freight consigned to or from Fredericksburg than is charged, taken or received for freight consigned to or from any point beyond the limits of this state. If the said company or its agents shall violate this section, the said company shall forfeit and pay one hundred dollars Penalty for every such violation, for the use of the commonwealthone-half of which shall go to the informer, if he choose to claim the same; which forfeiture shall be recovered by motion, on ten days notice to the company, in any court of record in the state.

11. On and after the date of the completion of the railroad When requirefrom Fredericksburg to Orange Courthouse, a daily train ments of $ 10 obligatory shall be run by said company between Fredericksburg and Orange Courthouse, both ways, sufficient for the transportation of passengers with comfort and reasonable speed, and adequate to moving all freight offered. This requirement shall be obligatory upon the said Royal land company and its successors and assignees in the ownership or use of said road.

vessels, steam

12. The said company may own, charter, or otherwise Power to own employ vessels propelled by steam or sail, in order to facili- and charter tate and meet the demands of trade and commerce along its or sail lines of railroad.

roads

13. The said company may cross, either at or under or To cross other above grade, any railroad now constructed or hereafter constructed, by agreement made with such railroad, or in case of a failure to agree, then by such procedure for determining the mode and terms of passing as is prescribed by law in such

case.

business

14. The said company may do an express business on its May do express road, and may construct and operate telegraph lines along

the same.

ginia; may

15. The principal office of the company shall be in Vir- Principal office ginia; but the company may have branch offices in other to be in Virstates, at which it shall be competent for the board of direc- have branch tors to transact the business of the company.

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

offices in other states

Commencement

CHAP. 20.-An ACT to authorize the Washington, Cincinnati and St.
Louis railroad company to record mortgages and deeds of trust under

certain conditions.

Approved January 13, 1877.

Washington,

1. Be it enacted by the general assembly of Virginia, That Authority to the Washington, Cincinnati and St. Louis railroad company, Cincinnati and incorporated by the general assembly of Virginia, be, and St. Louis railthey are hereby, authorized to record one or more mortgages to record moitor deeds of trust in any county or city in the state of Virginia, gages in any

road company

county or city

in the state

Tax on bonds

and the tax shall be assessed and paid upon the amount of bonds or other obligations secured thereby actually sold or hypothecated during the year ending on the first day of February of each year, and no other tax shall be demanded Commencement upon such deed of trust or mortgage.

thereby secured

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

Preamble

Board of public works authorized to sell

in the Jackson

company

CHAP. 21.-An ACT to authorize the board of public works to sell the state's interest in the Jackson's river turnpike company.

Approved January 13, 1877.

Whereas the commonwealth is the owner of three-fifths of the capital stock of the Jackson's river turnpike company, which said stock is wholly unproductive:

1. Be it enacted by the general assembly of Virginia, That the board of public works be, and they are hereby authorized state's interest and directed, in their discretion, to advertise and sell at pubRiver turnpike lic auction, to the highest bidder, upon such terms as said board may prescribe, all of the stock held by the state in the Franchises to be Jackson's river turnpike company; and the purchaser thereof vested in pur- shall be substituted to all the rights and privileges of the state as stockholder in said company; and may make such arrangements for the repairs and future management of said turnpike as may be agreed on in any general meeting of the stockholders.

chaser

How money to

2. After paying the liabilities of said road and the expenses be appropriated of sale, the residue thereof (if any) shall be paid into the state treasury to the credit of the sinking fund.

Commencement

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

The Norfolk

railroad compa

CHAP. 22.-An ACT to incorporate the Norfolk and Brambleton railroad

company.

Approved January 13, 1877.

1. Be it enacted by the general assembly, That J. F. B. and Brambleton Marshall, Thomas Baltimore, Orlando Windsor, William S. ny incorporated Wilkinson, J. G. Pollard, R. W. Byrd, G. E. Bowder, and Francis Richardson be, and they are hereby, constituted a body politic and corporate by the name and style of The Norfolk and Brambleton Railroad Company, and shall have authority to construct and equip a railway, and to run cars thereon by horse or mule power for the conveyance of pasTerminal points sengers and property from the corner of Church and Queen streets, in the city of Norfolk, to a point in Brambleton near the eastern branch of the Elizabeth river: provided, that the consent of the councils of the city of Norfolk be first obtained

Power to construct road

Proviso

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