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-on

-on tele

panies.

-on telephone companies.

express lar; for express companies one dollar and fifty cents companies. per mile of road upon or over which it carries exgraph com- pressage; telegraph companies one dollar per mile of telegraph wire over which telegraph messages are sent or received, except as hereinbefore provided; telephone companies one dollar per mile of telephone wire over which messages are sent or received as common carriers between cities, towns or villages, but not over local exchanges in such cities, towns villages. All of which license taxes shall be credited fund credited to the state fund, and the company paying such taxes, shall take duplicate receipts therefor, one of which shall be filed with the auditor. Should any company -failure to fail to make such payment and file such report the auditor shall not issue to such company the certificate mentioned in the third section of this chapter, so long as such failure shall continue.

-to what

-receipts.

make report, what then.

or

Code amended.

Railroads

may extend

termini;

when.

(House Bill No. 224.)

CHAPTER 108

AN ACT to amend and re-enact section 53 of chapter 54 of the Code of West Virginia, relating to the incorporation of joint stock companies, and the solidation of railroads thereunder.

con

[Passed February 14, 1901. In effect 90 days from passage. Approved February 21, 1901.]

Be it enacted by the Legislature of West Virginia:

That section fifty-three of chapter fifty-four of the code of West Virginia, be and the same is hereby amended and re-enacted so as to read as follows:

Consolidation of Stock with Other Road, Etc., Leasing. Etc.

53. Any railroad corporation which has been, or line beyond shall be, organized under the general laws of this State, or deriving its franchise therefrom, or organized under special charter, may extend, with the consent of the stockholders owning a majority of the stock present at any general or special meeting thereof, its line beyond either or both termini named in the -extension, articles of incorporation or special charter under located. which its line is located; and such extension may be

how

-may own

exten

privileges.

tion of cer

without, etc.

located by the most practical route, and may pass out of this State into any other state, with the assent of such state, and back again into this State, as often as may be found necessary in locating such extension, and such corporation may construct, own or operate such extension or extensions in the same manner and or operate to the same extent as if such extension or extensions such sion. had been included in the original articles of association or special charter: provided, however, that any railroad company organized under special charter, by -proviso as extending its line, shall not carry with it any special to special privileges guaranteed it under its charter, as to such extension, but only such rights and privileges as are conferred under the general law: provided, that such -certificate corporation before commencing any such extension, of extension; in this State, shall file in the office of the secretary of filing of, etc. state, a certificate stating the point at or near which such extension in this State shall commence and terminate. No railroad corporation owning or operating a railroad wholly or in part within this State, shall consolidaconsolidate its capital stock with any other railroad tain lines running a parallel or competing line, without the con- prohibited, sent of the Legislature, but any such railroad corpora- -but certain tion whose line of railroad is made, or is in process of lines may construction, may merge or consolidate with, or lease merge or its railroad or any part thereof for a term of years to make a any other corporation of this or an adjoining state etc. owning or operating a line of railroad completed in process of construction, wholly or partly within or an adjoining state, and connected directly or by means of an intervening railroad or railroads, in order to make a continuous line of railroad to be run and operated with or without changes of cars, or break of bulk, or exchange or transfer of passengers or freight; and may sell to or purchase such connect- may sell ing line of railroad; and may adopt another name for connecting their said road thus merged, consolidated or connected, by filing in the office of the secretary of state a may adopt declaration of the adoption of such other name; and how. shall publish such declaration for sixty days in all newspapers published along the line of such` railroad; but such merger, consolidation or sale, shall be made -terms, etc., only upon such terms and conditions as shall be of such agreed to by the stockholders owning a majority of the stock in each of the companies so merging, consolidating, purchasing or selling: provided, that where two -proviso or more railroad companies have been heretofore in- permitting

or

this

lease, etc., to

con

tinuous line,

-for what term.

or purchase lines.

new name,

merger,

etc.

certain roads

partly con

structed to merge and consolidate;

how.

-one or

more may

located and corporated under and by virtue of the laws of this State, for the construction of two or more lines of railroad which have been located or surveyed along the same line between any points or places, and each of said corporations has acquired separate and distinct rights and interests under their respective charters, or made or performed any work toward the construction of the improvements contemplated by their respective charters, it shall be lawful for the boards of directors of said corporations, with the consent of the stockholders. owning a majority of the stock of each of the corporations interested, to merge or consolidate the capital stock of their respective companies, or to consolidate different interests in the same road, upon such terms as they may agree upon; or for one or more of such sell to other corporations to make sale of all their right, title and interest, including the franchises of such corporations to such other corporations, in such manner as may be er-deemed advisable: provided, however, that such merger not to affect or consolidation or purchase shall not invalidate legal status any action, suit, claim or demand against any or either of the companies who are parties thereto, and any such action, suit, claim or demand shall be held to be in full force against the company owning such consolidated or merged line of railroad; and in no case merger, etc., shall any consolidation or merger or sale take place, required. except after sixty days' notice, which notice shall be given in the manner prescribed in section forty-five of -what rail this chapter: provided, that every railroad corporation. tions de- doing business in this State under charters granted or clared domes-laws passed by the State of Virginia, is hereby de

corporation.

-such merger sale, etc.,

of merged

companies.

-notice of

road corpora

tic.

clared to be as to its works, property operations, transactions and business in this State, a domestic corporation, and shall be so held and treated in all suits and legal proceedings which may be commenced or carried on by or against any such railroad corporation as well as in all other matters relating to such corporation; but such corporation shall not be re-such rail- quired to file a copy of its charter or any writing with roads re- the secretary of state, as provided in section thirty of filing char- chapter fifty-four of the code of West Virginia; and ter, etc. all leases of railroads heretofore made between rail-former road companies, as provided in this section, shall be deemed valid. And it shall be lawful for any railroad authority to company, created under the laws of this State, or of consolidate. this State and any other state or states, to consolidate with any other railroad or railroads in this State or

lieved from

leases valid.

-further

other states; or such railroad company of this State, or of this State and other states, may purchase the railroad, corporate rights and franchises of any railroad company created under the laws of this State or of this State and any other state or states: pro

through line.

be done to

agreement effective.

vided, the railroad or railroads so proposed to be con- -but not to solidated or purchased, are not parallel or competing be parallel, railroads to the company consolidating or purchasing etc., roads. the same; and provided, further, that the railroad or -roads that railroads so proposed to be consolidated or purchased, consolidate form with the railroad of the company consolidating must form a or purchasing the same, either directly or by means of other intervening railroad or railroads, a through line for the transportation of persons and property; and provided, further, that the agreement for such consoli- what must dation, or purchase, shall be first made between make such directors of the different companies so proposing to consolidate cr purchase and sell, and before the same shall be effective the same shall be ratified by the votes of two-thirds in amount of all the stockholders of each of the companies, parties to such agreement. Such agreement may be ratified by such stockholders at any annual or special meeting of such stockholders, due notice of such meeting showing the time, place at what and object of such meeting, shall be published once a such agreeweek for four weeks in the newspapers in which the ment ratified. notice of the annual meetings of such companies is -notice and published, and a printed copy of such notice shall also how given. be mailed, postpaid, to the address of each stockholder of record, of each of the companies parties to said. agreement, at least thirty days prior to the time of such meeting; and provided, further, that the portion -all railof railroad or railroads in this State so proposed to be roads so conconsolidated, or purchased, shall continue, in all re- continue subspects, subject to the jurisdiction of the laws of this jet, to what State and especially in respect to the laws relating taxation.

to

meeting

solidated to

laws.

Acts amended.

Time ex

tended in

panies may complete

their roads and put them in operation.

-when

corporate exist

ence, etc., to remain, etc.

(House Bill No. 239.)

CHAPTER 109.

AN ACT to amend and re-enact chapter eighteen of the Acts of the Legislature of West Virginia of one thousand eight hundred and ninety-seven, extending the time within which railroad companies organized since the first day of June, one thousand eight hundred and eighty, may complete their railroads and put them in operation.

[Passed February 22, 1901. In effect 90 days from passage. Approved February 23, 1901.]

Be it enacted by the Legislature of West Virginia:

That chapter eighteen of the acts of the Legislature of West Virginia of one thousand eight hundred and ninety-seven be amended and re-enacted so as to read as follows

or

1. That any railroad company organized under the laws of this State since the first day of June, one which certain thousand eight hundred and eighty, which has comrailroad com- plied with section eight, chapter twenty of the acts of one thousand eight hundred and eighty-five, and which has commenced the construction of its road, and has actually and in good faith expended thereon ten per cent. of its capital stock actually subscribed, and which shall, within five years after the passage of this act, complete its railroad some part thereof, and put the same or the part so completed into actual operation, then and in every such case the corporate existence, franchise and powers of such railroad company shall be and remain, so far as the part of said road so completed and operated is concerned, the same as though the provisions of section sixty-six of chapter seventeen of the acts of one thousand eight hundred and eighty-one had been fully complied with by such company, and no forfeiture or judgment of ouster shall be rendered against said company by reason its failure to comply with said section. But if any of what and to said railroad companies shall not complete its road, what extent, or some part thereof, and put the same, or the part so completed, into actual operation within five years from the passage of this act, its corporate existence and powers shall cease, and in case it shall have completed some part thereof, only, and put such part into operation, its corporate powers and rights shall cease as to all of said proposed road not so completed and put into actual operation within said time.

-no forfeiture, etc.,

when.

-when, for

corporate powers to cease.

of

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