The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-01-06

quired by sections 2 and % Of this act /;
said commissioners shall ascertain and de-
termine what will be a just comper alton
to the owner for the stock so sought to be
acquired; but before acting in any Llch
case they shall Ia! Q the oath prescribed
by section Is of chapter So of the Code Of
Virginia, and all other proceedings therein
shall be as prescribed in said chapter Sc Of
the Code of Virginia.
SEC. %. The agreement of consolidation
SO made, shall be acknowledged, certified,
recorded, and preserved, as is required by
the second section of this act as to the
certificates of incorporation therein pro-
vided for; and thereafter a copy of said
agreement, certified by the Secretary of the
Commonwealth, under the great seal of the
State, shall be evidence of the existence of
such consolidated company. And when
such agreement has been so made,
acknowledged, certified, and deposited for
preservation, the consolidated company
shall thereby be duly formed and constitu-
ted q body polite and corporate, with the
rights and privileges conferred by the terms
of this act and by the provisions of the Code
Of Virginia, not inconsistent herewith.
The corporations entering into such agree
ment shall be merged in the new corpora
ton thereby formed, and be known by the
corporate name therein mentioned ; and
the details of such agreement shall there
upon be carried into effect as provided
therein. r-
SEC. 80. Upon the election of The first
Board of Directors of the corporation crea-
ted by the agreement mentioned in the Sec
tons last preceding, and by the provisions
OF this act, all and singular, the rights and
franchises of each and all of said corpora
tons, prrties to such agreement, all and
singular, their rights and interests in and
to ever species of property, real, personal
and mixed, and things IN action, shall be
deemed TO be transferred to and vested IN
such rev corporation, without a1y
other deed or transfer; and such new
corporation shall hold and enjoy the
same, together with all the rights Of way,
and other rights of property in the
same manner and to the same extent, as if
the said corpoi%a atoms, parties to such agree
ment, had continued to retain the title and
transact the business of such corporations;
and the titles and the real estate acquired
by either of said corporations, parties to
the agreement, shall not be deemed to
revert, or be impaired by means of any
thing in this act contained, but shall be-
the property of The consolidated cor
poration hereby authorized; provided, that
all rights of creditors and all liens upon the
property of either of said corporations, par
ties to said agreement, shall be and hereby
are preserved unimpaired, and the respec-
tive corporations shall continue to exist as
far as it may be necessary to enforce the
same and provided further, that all the
debts, liabilities, and duties of either COM
pany shall thenceforth attach to such new
corporation and be enforced from the
to the same extent and in the same S
manner as if such debts, liabilities, and !
duties had been originally incurred by it. !
SEC. "a. If any company, organized un- ,
der the provisions of this act, shall not !
commence the construction of its road J
two years from the date of its GER
tificate of incorporation, and prosecute the {
work of constructing the same in good !
and with sufficient force to complete
the same within reasonable time, any
Judge of the circuit in which the said road
or any part thereof is located, shall be au-
after full notice and due investi-
on application of any parties ag-
if in the opinion of said court the
public interest shall so require, to declare ]
the charter of said corporation forfeited for
.non-user. ]
Sec. %. All railroad companies, organ !
lied under this act shall have all the rights !
and be subject to all the restrictions of c
laws relating to railroads, not in I
with the provisions of this act. ,
SEC. 26. This act shall be in force from
tc naccouo -