Counties of Wood and Wirt and city authorized to release liens, 3. The mayor and council of the said city of Parkersburg, of Parkersburg and the boards of supervisors of the counties of Wood and Wirt, are hereby severally authorized and empowered, if they shall elect so to do, to release any lien they may have upon the works and property of the said company, to secure the payment of interest or principal upon the bonds issued by them respectively, in payment of their several loans, or subscriptions to the capital stock of said company. But nothing herein contained shall impair or affect the right of the said but their right to city or the said counties to collect and receive the dividends not to be impair which may be declared upon the capital stock of the said company owned by them respectively. collect dividends ed. Company authorized to extend railroad to CHAPTER 25.-An ACT concerning and authorizing the Passed February 19, 1870. Be it enacted by the Legislature of West Virginia : 1. That the Alexandria, Loudoun and Hampshire Railroad company, incorporated under an act of the General Assembly of Virginia, passed March twentieth, eighteen hundred and fifty-three, and its supplements, be and they are hereby authorized and empowered to extend and construct their railthe Ohio river, road, now being constructed westwardly from Washington city, from the line of the state of Virginia, westwardly, through this state, as they may deem most eligible, (dispensing with the route heretofore located by them,) to the west bank of the Ohio river, at any point between the Little Kanawha and Big Sandy rivers, where those rivers respectively strike the Ohio river, and to connect their said road by branches with the Chesapeake and Ohio Railroad; and with the Baltimore and Ohio Railroad at any practicable point in the county of Mineral, at or near Piedmont, and not construct bran- east of New Creek, and to construct such other branches, not to exceed fifty miles in length in any one case, as they may deem expedient; and that said company shall have, exercise and enjoy rights and enjoy all rights and powers and be subject to all regularestrictions pro- tions and restrictions granted or prescribed by the code of West Virginia, relating to railroads, except so far as the provisions of this act are or may be inconsistent therewith. make connections with other railroads, ches, and be subject to Ivided in Code of 2. That from and after the first day of January, eighteen Corporate name, hundred and seventy-one, the corporate name of said company (the stockholders, in general meeting, consenting thereto) shall be "The Washington and Ohio Railroad Company." tal stock. 3. That it shall be lawful for the said company, in general Increase of capimeeting, to increase the capital stock thereof to an amount, including its present capital, not to exceed twenty millions row money, of dollars, and to authorize its board of directors to borrow Authority to bormoney at a rate of interest not exceeding eight per centum per annum, to the amount of twenty millions of dollars; and ment, to issue bonds therefor; and to sell the said bonds at the best issue bonds, price that can be obtained for the same; and to secure the secure their paypayment of such bonds by mortgage or deed of trust upon its franchises and its real and personal property, including its road, running stock, equipments, branches, income, and other things, or any part or parts thereof, and such bonds, or any part thereof; to make preferred bonds convertible into make bonds constock of the company, or either; for which said purpose company shall be authorized to issue such additional stock stock. as may be necessary. vertible, and issue additional cept donations, 4. It shall and may be lawful for said company to accept Authority to acand receive from any person or persons, corporation or corporations, voluntary donations of land or other property, or money, given in aid of the location, construction, and equipment of the said road and branches, and to purchase, hold hold lands, and enjoy mineral and timber lands; and the said company tions to stock in is hereby authorized to receive payment for subscriptions to receive subscripits capital stock, or any part thereof, in land or money, or land, and other property, as said company may deem best; and if in land or other property, then at such price and valuation as may be agreed upon by said company; and any real estate take and convey may be conveyed to said company for the purposes aforesaid, real estate, by proper deeds of conveyance, and the same may be disposed of by said company whenever deemed advisable by them for the lawful purposes thereof, by proper deeds of conveyance executed by the president of said company, upon the order of a majority of the directors of said company at a meeting thereof. 5. It shall and may be lawful for all persons and bodies who may subcorporate or politic whatsoever, to become subscribers for and scribe for stock. certain counties. owners of the capital stock of said company, or any part thereof; and power and authority is hereby given to the Subscription by counties of Hardy, Hampshire, Mineral, Grant, Pendleton, Randolph, Tucker, Upshur, Barbour, Lewis, Mason, Pocahontas, Greenbrier, Fayette, Clay, Nicholas, Webster, Roane, Kanawba, Jackson, Boone, and all other counties on or near the line of said road, to become subscribers for and owners of the capital stock of said company, in the manner hereinafter prescribed. scription to be ters and tax pay ers. Board of supervisors to fix amount to be voted on. 6. Immediately after the passage of this act, or at any time thereafter, the boards of supervisors of the aforesaid Question of sub- counties, or any or either of them, may submit the question submitted to vo- of subscription to the capital stock of said company to the voters and citizen tax-payers of their respective counties, to test the sense of the people thereof, as to whether or not the said counties, or any or either of them, desire to become subscribers for and owners of the capital stock of said company, or any part thereof; and the board of supervisors of said counties shall have power to fix the amount of subscription to be voted for, and said amount shall not exceed two hundred and fifty thousand dollars in any one county, and shall be printed on the ticket, to be headed, "For subscribing to the capital stock of the Alexandria, Loudoun and Hampshire Railroad Company," or to "The Washington and Ohio Railroad Company," as the case may be; and as soon as practicable after it is ascertained that any or either If county favors of said counties desire to become subscribers for and owners subscription, the board to issue of the capital stock of said company, or any part thereof, chase of stock. the board of supervisors of such county or counties shall bonds for pur Rights of company. proceed to raise the amount so subscribed by issuing bonds. of said county or counties, payable at such time and in such manner as they may deem best, said bonds to bear not more than six per cent interest per annum, and with said amount, purchase the capital stock of said company, in the name of and for the benefit of the county or counties so subscribing, or transfer to said company said bonds in payment of said subscription, whichever they may deem best for the interests of said county or counties so subscribing, provided said company will agree to receive payment in such mode. 7. The said company shall be and is hereby invested with all and singular the rights, powers, immunities, franchises, and and passengers. privileges, for surveying, locating, constructing and equip- Road. ring said road, and working, repairing and preserving the same, and the necessary vehicles and appurtenances there- Vehicles. to belonging, for the safe and convenient transportation of freights and passengers thereon, and with the power and authority to charge and collect tolls on freights and passengers Tolls on freight on the same, and every part thereof, which the Baltimore and Ohio Railroad Company enjoys under the act incorporating said company, and the act or acts supplementary and amendatory thereto; and said company shall be exempt from the imposition of any tax or burthen whatever within this state, until such time as the net proceeds of said road exceed ten per cent upon the capital stock of said company. ter on lands to by company may parties cannot 8. For the purpose of laying out and locating their said Authority to enrailroad and branches, the president and directors of said locate road. company, with their engineers and agents, shall have full power and authority to enter upon and pass through and over any lands on the contemplated route, and to occupy the same so long as may be necessary for locating said road and branches, but the said company in locating their said road and branches, depots, warehouses and stations, shall not leave open any fence or enclosures on any land, or injure the property of the owner or occupier, without his or her consent; or invade the dwelling house of any person or persons, without his or her consent. And when the extension of said road or any How land needed of its branches is located, if the owners of said lands or their be condemned if agents, and the officers and agents of said company can not agree on value. agree upon the value of such lands as the said company may deem necessary to use and occupy for their railway, depots, warehouses, and stations, the said company may have and hold the said lands for the sole use and benefit thereof, in the manner following, to-wit: The said company shall make out a particular description of said lands in writing, and file it in On filing descripthe clerk's office of the circuit court of the county in which bond, in clerk's said lands are located, stating therein the sum they propose to pay therefor, and also file therewith a bond, with security, to the satisfaction of the judge of said court, conditioned to pay all that may be recovered against them, as hereinafter provided, and thereupon they may enter upon and take pos- company may session of said lands, and proceed at once to operate and use the same for the purposes designated in said description; but in no case shall the amount of land for the track of said tion of land, and office, enter on lands. which may be taken. Amount of land road and branches exceed sixty feet in width, except in cases of cuts and fills, when the width may be one hundred and Owner may file thirty feet; and the party, or his agent, owning the said land claim. Their meeting, oath, and report, may file with the said clerk of said court his or her claim therefor, in which shall be stated the sum he or she may demand for said land; and said court shall appoint five disinJury of viewers. terested persons for the purpose of ascertaining a just compensation therefor, any three of whom may act, but in no case shall said court appoint for such purpose any person or persons through whose lands said road is to pass; and the sheriff, after said appointment is made, shall summon the said viewers to meet on the lands at such time as he may appoint, within thirty days after such appointment is made by the court, giving ten days' notice to the parties interested. And the sheriff shall administer an oath to the viewers, which he is hereby authorized to do, that they and each of them will fairly, impartially and honestly assess, fix and determine the amount said company shall pay for said land, and return their report, under their hands and seals, to the clerk of the circuit court of the county, setting forth the amount, if any, to be paid by said company, which report shall be certified by the sheriff; and on the first day of the next term of the circuit court the judge thereof shall direct judgment to be entered on said reExceptions to re- port, if no exceptions be taken and filed thereto by either party; but if exceptions be taken and filed thereto, the court shail submit the matter in dispute to a jury of twelve men, selected according to law, who shall try the same as any other cause in said court, unless the matter in dispute be a question or questions of law, when the judge shall decide between the parties. The judge shall have power to determine which Cost of proceed party shall pay the costs of such proceeding, if more damages are given by the jury than by the viewers, but in case they give the same damages, then the party filing the exceptions shall pay the costs, and in case they give less damages, then the party failing shall pay the costs. Judgment on re port. port and trial thereof. ings. Banking privi 9. Nothing herein contained shall be construed to give leges not given. said company banking privileges. Acts inconsistent herewith not to 10. Such parts of the code of this state, or any act or acts apply to compa- as may be inconsistent or conflict with this act or any of its provisions, shall be held not to apply to said company so far as the same may affect the rights, powers and privileges ny. |