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the privilege of operating in this* state.

52. If Buch company fail to make such ceport and pay such Penalty
tax, the company and each agent shall be liable for the same,

and each shall forfeit not less than five hundred dollars nor
more than two thousand dollars.

53. Every telegraph company doing business in this state, Telegraph com-
shall, on or before the jfirst day of July and the first day of ^°^??' *^®^
December of each year, itiake report, verified by the oath of

the chief officer resident in the state, to the auditor of public
accounts, of the net earnings of such company within the six
months next preceding such semi-annual report on all business
conducted, carried on, or performed by such company within
the state. Such company shall also report on oath, on or be-
fore the first day of July, the value of all real and personal
property owned by said company within the state. Every company shau
such company shall be the collector for the state of the taxes ^^^^^^^
which may be imposed on the earnings and property of the
same, and shall, with the reports herein provided lor, pay into
the treasury the taxes which may be prescribed. If any such Penalty; where
company fail to make such return or pay such tax, it shall be ®°^<>'*^
liable to a fine of not less than five hundred nor more than
two thousand dollars, which may be recoverable in the circuit
court of Richmond on motion, after twenty days' notice, by
the auditor of public accounts, such notice to be served in thp
manner prescriped by law in other cases.

54. W here any incorporated company or person is engaged Where com-
in more than one business, which is made by the provisions of fn^J'ettiM*^
this act subject to taxation, such incorporated company or per- one buBiness
son shall pay the tax provided by law on each branch of its or

his business.

55. All acts or parts of acts inconsistent with this act are inconsistent
h»eby repealed. *"'" '"P"*^"*

56. This act shall be in force from its passage. Oommenoe-

ment



39



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306



AOTS OF ASSEMBLY.



OommlBalonen
to receive sub*
ecripUoni to
Danville and
Salem railroad



OapltiJ
Share*
Boate

FroviflO



When corpora*
tlontobe^



Chap. 190. — An ACT to Incorporate the Danville and Salem Railroad Com-
pany.

Approved July 7, 1870.

^ 1. Be it enacted by the general assembly of Yir^nia, That
it shall be lawful to open books of snbscription in the town of
Danville, under the direction of William T. Clark, John W.
Holland, William T. Sntherlin, Thomas P. Atkinson, and
Green T. Pace, or any two of them; a\ Calland's, in the
county of Pittsylvania, under the direction of A. H. Moor-
man, W. W. Cobbs, W. A. Witcher, W. A. J. Finney, H. L.
Muse, Samuel Swanson, Captain William A. Mitchell, Royal
Cousins, or any two of them ; at Dickinson's, in the county of
Franklin, under the direction of F. R. Brown, S. G. Bernard,
R. Dickinson, C. S. Booth, C. L. Potter, W. A. Brown, J. S^
Brown, C. L. Powell, A. B. Hancock, Joseph Angle, J. R.
Zeigler, J. A. White, W. W. Semones, B. Williams, S. D.
English, B. H. Tatum, and W. L. T. Hopkins, or any two of
them ; at Franklin courthouse, under the direction of H. Nel-
son, R. A. Scott, P. Saunders, Jr., G. C. Menefee, E. Waid, J.
Wade, Jr., W. T. Taliaferro, David Aynes, J. C. CabeU, G,
W. B. Hale, G. H. T. Greer, J. H. Franklin, Hughs Dillard,
T. H. Bernard, H. C. Chapman, Hay TurnbuU, John S. Hale,
or any two of them ; at Boon's mill, in the county of Franklin,
under the direction of L. B. Taylor, Z. Wade, M. D. L.
Wright, J. Naff, C. Price, J. Boon, Jr., George Helms, and A.
J. Naff, or any two of them ; and at Salem, m the county of
Roanoke, under the direction of H. E. Blair, A. M. Jordan, Q.
B. Board, R. B. Moorman, G. W. Hansbrough, S. H. Nowlin,
J. A. McCaull, and S. P. Simmons, or any two of them ; and
in such other places, and under the direction of such other
agent or agents, as a majority of the commissioners appointed
for the town of Danville shall designate, for the purpose of re-
ceiving subscriptions to an amount not exceeding three million
dollars, in shares of one hundred dollars each, to constitute a
joint capital stock for the purpose of constructing a railroad
from the town of Danville, Virginia, by or near Rocky Mount,
in Franklin cpunty, to the town of Salem, in Roanoke county,
or some other suitable point of connection with the Yireinia
and Tennessee railroad, in Jloanoke countv: providing, how-
ever, that the gauge of the said nulroad shall be the same as
that of the Virginia and Tennessee and Richmond and Dan-
ville railroads.

2. Whenever seventy-five thousand dollars of stock shall
have been subscribed, according to law, the said incorporators,
their executors, administrators, and assigns, shall be, and they
are hereby declared to be, a body politic and corporate, un-
der the name and style of The Danville ^d Salem Railroad
Company, and shall be subject to all the provisions of the
Code of Yirginia.and other general laws applicable to internal
improvement companies, except so far as the same may be in-
consistent with the provisions of this act.



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ACTS OP ASSEMBLY. 307

3. If the capital stock of the said comDany shall be deemed Oapttai may be
insafficient for the purposes of this act, it shall, and may be *°°^*»»«d
lawful for the directors, or a majority of them, from time to

time, to increase the same by the addition of so many shares
as^ they may deem necessary, to an extent not to exceed five Limit
million dollars, for which they may, at their discretion, cause in what manner
subscriptions to be received in such iminner as may be pre- S^bXSved
scribed by them, or may sell the same, ror the benefit of said
company, for any sum not under the par value thereof; and May borrow
the said directors, or a majority of them, shall, by and with JSJSSJ'^nient
the consent of the stockholders in general meeting assembled, ^y mortgage,
have power to borrow money for the purposes of this act, to ^^
issue proper certificates of such loans, ana to pledge the pro-
perty of the company, by mortgage or otherwise, for the pay-
ment of the same and the interest which may accrue thereon :
provided, the interest shall not exceed the rate of interest now
allowed by law, say twelve per centum per annum.

4. It shall be lawful for said company to receive not exceed- Amonnt of land
ing one million acres of land in payment for subscriptions of J^pS^"""^
stock : provided, however, that it shall not be lawful for said rroviao
company, at the expiration of ten years after the completion

of said road, to hold more land than shall be necessary for the *
U8e of the road.

5. The said company shall not refuse to allow any railroad OonnecUon
already built, or which may hereafter be built, to connect- with ^**^o^e»-«>»^
its road, and shall jointly, with such other road or roads, make

suitable arrangements for the convenient transfer of freights
from one road to the other, and, when such road may be of
the same gauge, shall not refuse a free interchange of freight
cars upon reasonable terms; that, with the concurrence of Pwight tariff
Buch road or roads leading to Lynchburg, Richmond, Peters-
burg, or Norfolk, the fireight tariff shall be so arranged that
no local freight sent to or received from either of the above-
named places, shall be charged a higher price per ton per mile
than if sent to or received from DauviUe or Salem ; and no Through freight
through freight shall be charged a higher price per ton per
mile il sent to either Richmond, Petersburg, or Norfolk, than
if sent to Danville or Salem : provided, that such connecting Proviflo
road or roads shall agree to pro rate upon fair terms ; and if
the connecting companies shall not be able to agree upon such
(ermsj the question shall be referred to the board of public -
works, and its decision shall be binding upon the parties.

6. That the said company shall commence its roaa within two wiuiin what
years and complete it within twelve years from the passage of JJj;jJ2S2^Md
this act, and upon failure to comply with either of the above ^l^^^^^
requirements, it shall forfeit all the rights and privileges t)on- rights ^^^
farred by this act, and the state shall have the right to take
poeeession of the road and other property of the company

upon payiog ft fair price for the same.

7. Thift act shall be in force from its passage. Oommence-

*^ *=* ment



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308



ACTS OF ASSEMBLE.



Northern Neck
Stock Associa-
tion Inoorpo*
rated



Commlsaioners



Capital
Shares



May borrow
money



ComtneDce-
ment, &c.



Chip. 191. — An ACT to In(orporate the Noptliern Neck Stock Association.
Approved July 8, 1870.

1. Be it enacted by the general assembly of Virginia, That
Thomas Brown, Robert M. Mayo, Henry A. Tayloe, Samuel^
R. Jackson, George F. Brown, John Murphy, and such other"
persons as may be heretiler associated with them, shall be and
they are hereby incorporated and made a body politic and cor-
porate, under the name and style of The Northern Neck Stock
Association, for the purpose of breeding, rearing, developing,
and disseminating improved stock in the Northern Neck of
Virginia ; and are hereby invested with all the privileges and
powers conferred on such bodies politic and corporate, and
subject to all the restrictions and limitations contained in the
Code of Virginia in relation to joint stock companies.

2. Thomas Brown, Robert M. Mayo, Henry A. Tayloe, Sani-
uel R. Jackson, George F. Brown, and John Murphy are
hereby appointed commissioners, any three of whom may act,
to open books of subscription for the capital stock of said as- '
sociation at such times and places as they may designate.

• jB. The capital stock of said association shall not be less than
two thousand dollars nor more than three hundred thousand
dollars, to be divided into shares of twenty dollars each; and
the said association shall have the right to purchase and hold
land not exceeding one thousand acres at any one time.

4. That the said association be and the same is hereby au-
thorized to borrow money, not exceeding five thousand dol-
lars at one time, on the security of its property, at such rate
of interest as may be agreed upon.

5. This act shall be in force irom its passage, and shall be
subject to any amendment, alteration, or modification at the
pleasure of the general assembly.



Chap. 192— An ACT for the Renewal of the Guaranty of the State on
Certain Bonds <1f the Town of Petersburg, issued in aid of the Con-
struction of the Southside Railroad.

Approved July 8, 1870.

Preamble Whereas, the general assembly of Virginia, by an act passed

January twenty-sixth, eighteen hundred and . fifty, did enact
that the treasurer of the commonwealth should, when there-
unto requested, and upon certain conditions in said act speci-
fied, subscribe or endorse the guaranty of the state on certain
bonds of the town of Petersburg, to an amount not exceeding
three hundred and twenty-three thousand five hundred dol-
lars, to be used in the construction of the Southside railroad;
and whereas, such guaranty was made in due form on bonds to
the said amount, one-half 9f which were made payable on the
first day ol August, eighteen hundred and seventy, and the
residue on the first day of August, eighteen hundred and
aeventy-five; and whereas, the common council of the city of*



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ACTS OF ASSEMBLY. . 309

Petersburg have, for the purpose of renewing said bonds as
they fall due, prayed the general assembly to renew the en-
dorsement of the state on the same :

1. Be it enacted by the general assembly of •Virginia, That Treasurer to
the treasurer of the commonwealth is hereby authorized gSammy of the
and required to subscribe or endorse the guaranty of the com- 8iate upon the
monwealth in the manner and form prescribed in the aforesaid ^^ ^

act of January twenty-sixth, eighteen hundred and fifty, upon
any bonds exeonted by the city of Petersburg on renewal and
in lieu of the guaranteed bonds provided by the said act and
hereinbefore described, whenever He shall be thereunto re-
quested by the common council or other proper authority of
the said city of Petersburg : provided, however, that the said Proviso
guaranty shall ' not be subscribed or endorsed on any bond
until the treasurer shall be satisfied that it is in renewal of a
bond or bonds heretofore guaranteed under the said act of
January twenty-sixth, eighteen hundred and fifty, and until he
shall be further satisfied that the bond, in renewal of which,
the bond presented for his endorsement or subscription, as
herein provided is issued, has been or will be cancelled : pro- Proviso
vided further, that the new bonds, so guaranteed as herein

Erovided, shall not be in the aggregate for a larger amount or
igher rate of interest than the aggregate amount or the rate
of interest of the bonds in whose stead they gre given : pro- Proviso
-vided further, that the common council of the city of Peters-
burg may prescribe at what periods the said bonds given in
renewal of the bond heretofore guaranteed shall be made pay-
able : and provided further, that the commonwealth shall re- Proviso
tain the benefit of all indemnity or security heretofore given
by the city of Petersburg .or town of Petersburg, applicable
to the bonds guaranteed under the aforesaid act of January
twenty-sixth, eighteen hundred and fifty, and the said indem-
nity or security shall, in such form as the board of public
-works may prescribe, be made applicable to the guaranty herein
provided for.

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



Chap. 193. — An. ACT to Amend and Re-enact Section Thirteen, Chapter
One Hundred and Eighty-Five of the Code of Virginia, edition of eigh-
teen hundred and sixty.

Approved July 8, 1870.

1. Be it enacted by the general assembly. That section thir- oodeof Va.,
teen, chapter one hundred and eighty-five of the Code, edition ame^nd^'MU>
of eighteen hundred and sixty, be amended ^nd re-enacted so attorney's fee
as to read as follows, viz: taxed incogs

" § 13. He shall include in the costs, for the fee of such party's
attorney (if he have one) :

" In a circuit, county, or corporation court, unless it be a
case of judgment by default, on a forthcoming bond, or a case
otherwise provided for, two dollars^d fifty cents.



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310



ACTS OF ASSEMBLY.



Oommenee-



"In a county or corporation court, where it is a complaint of
unlawful entry and detainer, or an action of ejectment, five
dollars.

"In a case ©f the commonwealth, if no higher fee be al-
lowed, five dollars.

"In a circuit court, in an action of ejectment, or on a writ
of error or supersedeas, or an appeal (other than a chancery
case), five dollars.

"in a chancery case (other than a motion) ip a circuit court,
whether as a court of original or appellate jurisdiction ; and in
a chancery case (other than a motion) in a county or corpora-
tion court, fifteen dollars.

"In the court of appeals, twenty dollars."

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



PamoDkej
River Internal
Improvement
Gompftoy
inooiporated



Oapitol

Oblect of corpo-
ration



Bzolof ive right
of liavigatioa



ProTiBO



Chap. 194. — An ACT to Incorporate the Pamunkey River Internal Im-
provement Company.

Approved July 8, 1870.

1. Be it enacted hj the general assembly. That William S.
R. Brockenbriju^h, Thomas E. Ballard, George W. Pollard,
James N. Eubank, D. B. Bensob, Pulaski Sutton, S. R. Jeter,
W. E. Luck, and James S. Benson, and *Bnch other persons as
they may associate with them, be and they are hereby declared
to be a body politic and corporate, under the name and style
of The Pamunkey River Internal Improvement Company, and
by that name and style may sue and be sued, plead and be im-
pleaded, in all the courts of law and equity ot this state.

2. The capital stock of said company shall be limited to a
minimum of five thousand dollars, ana a maximum of fifty
thousand dollars.

3. The object of said corporation shall be, and they are
hereby authorized, to open and improve the Pamunkey river
for navigation from Wormly landing, in King William county,
to the junction of the North and South Anna rivers, in Hano-
ver county, and to construct and own vessels for the purpose
of navigating the same ; and all the powers and privileges ne-
cessary to enable them to complete the said improvement, not.
inconsistent with the laws of this state, are hereby granted to
the said corporators as soon as the minimum capital stock
herein prescribed shall have been taken and the coinpany or-
ganized in accordance with the general law of the state ; and
the said company, when thus organised, shall have the exclu-
sive right to navigate the said r^amunkey river, between the
points named in tois charter, for the period of ten years from
the completion cff the said work : provided, that nothing here-
in contained shall prevent the construction of any bridges across
the said river between the said points which may be necessary
for the purposes of continuing any public road ; and provided
further, that the construction of such bridges do not obstruct
the passage of boats up 0d down said river.



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ACTS OF ASSEMBLY. 311

4. Be it further enacted, That two years are allowed the witw^what
«aid parties in which to commence, and five years in which to ^ winanf*"^
<M)mplete the said improvement. complete work

5. This act shall be in force from its passage, and shall be Oommenoe-
«abject to all the general laws of the state in regard to such "*^*
-corporations.



Chap. 195— An ACT to Amend an Act to 'Incorporate the Norfolk CJty
Railroad Company.

Approred July 8, 187a

1. Be it enacted by the general assembly, That the second charter of Nor-
«ection of the act to incorporate the Norfolk City Railroad JSId o^m^y
Company, passed the fourtn day of January, Anno Domini, amended
eighteen hundred and sixty-six, be amended and re-enacted so

as to read as follows :

<^ ^ 2. That it shall be lawful for said company to lay out, con- $ 2
struct, and equip, maintain and operate with horse or mule
f>ower, a single or double track railroad in the city of Norfolk
throughout the entire length of Main street, down Market
square to the ferry wharf, up Church street to the &ir grounds
in Norfolk county; and also through such other streets or
parts of streets in said city as the directors may determine ;
tokd also to such other points in the coutities of Norfolk and
Princess Anne, not exceeding twenty miles in length from the
limits of the city of Norfolk, with single or double track,
and' to be operated with horse, mule, or steam power: pro-
Tided, that oefore sach work shall be commenced in said
«ity, the consent qf the council of said city shall be obtained
thereto."

2. That the fourth section of said act be amended and re-
enacted 80 as to read as follows :

'* § 4. That it shall be lawful for said company to transport pas- $ 4
eengers, freight, and baggage over said road or roads hereby
authorized to be constructed, and to collect fare and tolls for
the same, not exceeding the sum of ten cents for passage to
and from any point within the limits of the city, and the like
sum for packages and bundles occupying the space of- a pas-
senger within the said limits, and that the rates of fare and
freight outside of the city limits, shall not exceed those pro-
vided for by sections nineteen and twenty of chrfpter sixty-
one of the Code of Virginia, edition of eighteen hundred and
sixty."

3. That the fifth section of said act be amended and re-
enacted so as to read as follows :

*^§5. That it shall be lawful for said company to create and issue is
its capital stock to an amount not exceeding four hundred
thousand dollars in shares of fifty dollars each, and also to
borrow money upon its bonds secured by mortgage or deed of
trust upon its property and franchises to an amount not exceed-
ing four hundred thousand dollars. "



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312



ACTS OP ASSEMBLY.



4. That the seventh section of said act be amended and
re-enacted so as to read as follows :

* 1 " ^ 7. That it shall be lawful for said company for the purpose of

constr acting, equiping, and operating said railroad, to sell their
bonds, with coupons attached, at a rate of interest not exceed-
ing ten per centum per annum, to be paid semi-annually, to
the amount of four hundred thousand dollars, and to lease
theii: road to any person or persons, or domestic or foreign
corporation ; any of which corporations shall have power ta
subscribe to the stock of said companies."

Oonimenee- 5. This act shall be im force from its



West Point ftnd
Hanover Juno-
tion Railroad
Company
tnoorporated



Oorpoiate
powers



Capital

Shares

Increase of
capital



ProTlso



Chap. 196. — ^An ACT to Incorporate the West Point and Hanover Junctioiv
Railroad Company.

Approved July 8, 1870.

1. Be it enacted by the general assembly of Vir^nia, That
G. A. Wallace, John B. Davis, and P. H. Aylett, of Kichmond ;
Thomas Doswell, and Theodore Gktmett, of Hanover; R. O.-
Peatross, W. R. B. Wyatt, of Caroline; James G. White, B.
B. Douelas, Robert S. Ryland, William D. Pollard, William
M. Stehley, William S. Wood, B. Richards, Roger Gregory,.
Carmin S. Garrett, Larkin S. Garrett, Fleming Meredith, WU-
liam R. Aylett, John Halderman, C. J. Hill, and James F»
New, of King William ; Joseph Ryland, Thomas B. Henly,
William F. Bland, and E. B. Montague, of King and Queen ;
John T. Sewell, J. N. Stubbs, J. W. C. Catlett, J. B. Brown^
and J ohn P. Tabb, of Gloucester ; and S. T. Charlton, of Harris-
burg, Pennsylvania, their associates and successors, be and they
are hereby incorporated and made a body politic and corporate^
by the name and designation of The West Point and Hanover
Junction Railroad Company, for the purpose of building,,
equipping, and operating a railroad from the junction of the
Chesapeake and Ohio and Richmond, Fredericksburg and Po-
tomac railroads, in Hanover, to Deep Water at West Pointy
in King William county.

2. That said company, when fully organized, shall have a com-
mon seal, sue and be sued by its corporate name, and be other-
wise invested with all the powers, rights, and privileges, and
subject to all the duties, restrictions, and responsibilities im-
posed by the laws of Virginia on railroad companies.

3. That the capital stock of said company shall not, except
as hereinafter provided, exceed one million dollars, to be ai-
vided into shares of one hundred dollars each ; but said com*
pany shall, if found necessary to complete, fully equip, and p«it
their road in operation, have power to issue its bonds and se-
cure the same by mortgage on its property and franchise to
the further amount of one million dollars : provided, that no
greater interest than ten per centum shall be stipulated to be
paid thereon, nor said bonds disppsed of for less than eighty
per centum of their face or par value.



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ACTS OF ASSEMBLY. 313

4. That said company may receive sabscriptions to its stock May receive
in both real and personal estate other than money; but all g^*2i^^^er^ *"
real estate so received shall be disposed of within ten years »onai estate
from the completion of the road ; and thereafter said compaay po^'of^^ ^
shall not acquire or hold any more land or other real estate

than shall be absolutely necessary for its use in the location

and erection of depots, station houses, shops, and wharves,

with the usual breadth of land allowed along its rpad bed; and Personal eetate;

all personal estate received as subscription for stock shall be ^°^ di»po«ed of

disposed of within twelve months after acceptance thereof bpr

the company, and the proceeds applied in the same way as if

the original subscription had been in money.

5. That said company, after said road is completed, may, Oapitai stock:
with the concurrence of two- thirds of all the stock in a general ^JhSw^
meeting of the stockholders, called for the purpose and ad- ^^^ *?^^
vertised for thirty days in one or more newspapers published ®™^ ^^
nearest to West Point, increase its capital stock to the further

amount of one million dollars, to be divided as hereinbefore
provided, to be employed in building, purchasing, or charter-
mg, and running vessels, propelled either by sail or steam,



Online LibraryVirginiaActs of the General Assembly of the State of Virginia: passed at the session ... → online text (page 39 of 84)