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For rent of library room, removing library and fixtures, Library room. five hundred dollars. For commissioner of immigration, for expenses incurred by Commissioner of

immigration. said commissioner for the years eighteen hundred and sixtyeight and eighteen hundred and sixty-nine, seven hundred and sixty-four dollars and sixty cents.

authorized by

2. It shall be lawful to make any payment authorized by any payment this act, at any time prior to the first day of March, eighteen this act may be hundred and seventy-one.

made before March 1, 1871.

3. No money appropriated as above shall be drawn from No money to be the treasury except as the same may be aetually required tually required. for immediate use.

CHAPTER 107.–An ACT to provide for orphans and desti

tute children.

dered to them by

Passed March 3, 1870. Be it enacted by the Legislature of West Virginia: 1. That it shall be lawful for the directors of any corpora- Directors of or

phan asylum tion formed under chapters fifty-three, fifty-four and fifty- may take charge five, of the code of West Virginia, for the purpose of an orphan asylum, to take under their guardianship all children who may be placed under their care and management, in either of the following modes: First. Children under four- children, surrenteen years of age, who shall be voluntarily surrendered by parents or guar

dians, and their father, or in case of his death, or long continued or willful absence, by their mother, or by their guardians, to the care of said directors, they being, by virtue of such surrender, invested with the same power over the said children as the parents or guardians were themselves possessed. Second. Children under fourteen years of age, who, upon the applica- children comtion of said directors, may be committed to their care by any charge by a judge judge of a circuit court of any county, or by the recorder or recorder. thereof, wherein such corporation sball exist, on account of vagrancy, or exposure to want or suffering, or neglect or abandonment of such children by their parents or guardians, or by other persons having custody of said children, or by reason of any such children having been found begging in such county, or likely to become chargeable thereto, or in

mitted to their

accordance with the request of the mother or next friend of any child or children, in case of the habitual intemperance,

abuse or neglect of the father of such child or children ; and Abstract of evi- it shall be the duty of such judge or recorder so committing

any child to the care of said directors, to annex to the commitment an abstract of the evidence taken before him, and on which the adjudication was founded, which evidence shall have been taken under oath or affirmation.

de!.ce to accom

pany commit


Directors to have guardianship of children until they arrive at proper age, and place them in

2. Said directors shall have the guardianship of such children until they attain the age of twenty-one years, if a boy,

or eighteen years, if a girl, and may, when in the discretion suitable homes. of said directors it shall appear proper, place any of said

children in suitable homes, having scrupulous regard to the religious and moral character of those with whom such children are placed, in order to secure to them the benefits of good example and wholesome instruction, and the opportunity of becoming intelligent and useful men and women.

Bond to be taken from persons receiving child.

3. Said directors shall require a bond to be entered into by the person or persons so receiving such child, in a penalty of not less than one thousand dollars, conditioned that such person or persons will furnish said child with good and sufficient

clothing, food and medical attendance, and teach it reading, Money recovered on such bond to writing and common arithmetic. Such bond shall be made

payable to such corporation, and any sum of money recovered on such bond shall be expended by such corporation in the maintenance and tuition of said child.

be expended for said child.

Person receiving child not to


4. Any person receiving such child or children from the transfer his ser- directors of such corporation under the provisions of this act consent of direc- shall not assign or transfer his, her or their services for any

period without the written consent of the said directors. And if, for any cause, a person so taking charge of a child de

sires to be released from the contract, the directors, upon aprelease such per- plication, may in their discretion cancel the same and resume

the charge and management of said child, and shall have the same power and authority over him or her as before the agreement was made.

Directors may

son from his contract.

Directors may remove child from a homo.

5. The said directors shall have power to remove a child or children from a home, when, in their judgment, the said home has become an unsuitable one, and they shall, in such case, re

turn children to

sume the same power and authority over such child or children as they originally possessed. Provided, the said direc- Directors may retors may, in their discretion, return the said children to par- parents or disents or surviving parents or guardians, or where they believe said children to be capable of caring and providing for themselves, may discharge them to their own care.

charge them.

CHAPTER 108.-An ACT to incorporate the Cheat River

Boom and Lumber Company.

Passed March 3, 1870.
Be it enacted by the Legislature of West Virginia :

1. That Henry G. Davis, Charles M. Bishop, T. B. Davis, Corporators. Charles Hooton, and W. R. Davis, and their associates and successors, be and are hereby constituted a body corporate, by the name and style of “Cheat River Boom and Lumber Company,” subject to chapters fifty-two and fifty-three of the Powers and priv

ileges of compacode of West Virginia, and to such additional powers and ny. privileges as may be granted, and to such additional restrictions as may be imposed by this act.

2. The capital stock of said company shall not be less than Capital stock. twenty thousand dollars, to be divided into shares of one hundred dollars each, and may at any time hereafter be increased by the vote of the stockholders to an amount not exceeding six hundred thousand dollars, and for the purpose of obtaining subscriptions to the said capital stock, or so much thereof as may be necessary for the lawful purposes of said corporation, books shall be opened under the direction of the Subscription persons named in the first section of this act, at such times and places as the persons who act in that capacity may deem expedient.


structing booms


3. The said corporation shall have the exclusive privilege Privilege of conof constructing and maintaining a substantial boom or booms, on Cheat river. with or without piers, across Cheat river, below the Baltimore and Ohio Railroad bridge, within one mile below said bridge, for the purpose of stopping and securing boats, rafts, saw-logs and other timber of value; and may erect shear booms on said river, and may dredge and clean the channel of said

river and the main branches thereof, and remove obstructions Aathority to deal therefrom; and may build saw-mills and manufacture and in lumber construct tram sell lumber, and construct tram railways, subject to the pro

visions of the code.

Authority to 4. That said corporation are authorized and empowered to hold lands and erect wharves. purchase and hold lands, to sell and convey real estate, and

to engage in mining and manufacturing, and to erect and maintain wharves on Cheat river, subject to the provisions of the code, concerning places of deposit, sale and shipment.

Rates of toll and boomage.

5. The said corporation may, by reason of its compliance with this act, charge and collect toll or boomage, at the rate of seventy-five cents per thousand feet, board measure, for all square timber, saw-logs, boards, plank and other timber that may be floated, rafted or drifted into said boom, and stopped and retained by said boom, or by any logs or other timber in

said boom, at any point or place not above said Baltimore and Lien for toll or Ohio Railroad bridge. The said corporation shall have a lien

on all saw-logs and other timber and lumber thus boomed, for the payment of all toll or boomage and other expenses until the same shall be paid.

Unclaimed tim. ber in booms


6. That if any timber shall have been boomed securely as may be sold after aforesaid, and no person should appear to claim the same

and pay the tolls thereon, within five days, it shall be lawful for the corporation, after advertising the same for two weeks in some newspaper published in the county of Preston, or by posting the same for two weeks at three public places in Rowlesburg, with the marks thereon, to sell said timber to the best advantage if no owner appear to claim the same; and at

any time within a year from said sale the owner shall be How proceeds entitled to receive the proceeds thereof, after deducting the disposed of.

taxes, expenses and necessary charges; but if not claimed within said one year, the proceeds shall inure to and be vested in said corporation for their own use.

Penalty for in- 7. That if any person or persons shall willfully and malijuring company's works, or defa- ciously injure or destroy any of said booms or piers or other cing marks on logs.

works connected therewith, or shall remove, alter, or deface any mark or marks on any logs or other timber intended for said boom, he shall pay treble damages, to be recovered by an action of trespass, brought in the name of said corpora

of company.

tion, before a justice or any of the courts of the county in Punishment for

injury to works which he or they shall reside, or in the county in which the offense was committed ; and said person or persons so offending may also be subject to an indictment in the circuit court for the county where the offense was committed, and upon conviction thereof may be punished by fine and imprisonment, in the discretion of the court.


8. That all timber in said boom shall be counted and Measurement of measured, and its quantity ascertained, by some competent person or persons, to be appointed by the company and confirmed by the circuit court of Preston county.

carried away by winds or current.

9. That should any boards, logs, or other timber belonging Penalty for conto said corporation, be carried by the winds, by the force of

verting timber the current, or otherwise, into any bays, creeks, coves, or upon the shore, or any bar or flat lands, it shall be a penal offense for any person or persons, except the owners thereof, to take possession of, sell, or convert to his or their own use, said logs or timber, punishable as provided in the seventh section of this act. Cheat river and its branches are Cheat river a hereby declared a public highway. The corporation shall public highway. not be liable for any loss or damage that may be caused by Liability of comfire or flood, or by the lawful acts of any person or persons ges. not in their employ.

pany for dama

words "logs" and

10. Whenever the words “logs” or “timber” occur in this Meaning of act, they shall be taken to mean logs and timber of every timber.” kind and description, manufactured or unmanufactured.


11. Nothing in this act shall be construed to prevent the Rowlesburg L. & Rowlesburg Lumber and Iron Company from erecting a vented from single or double boom across Cheat river, above the Balti- erecting boom. more and Ohio railroad bridge, with or without piers in said river, so as not to interfere with or obstruct the free navigation of said river, as low down as the wharf in Rowlesburg; provided, that the said Rowlesburg Lumber and Iron Company shall not charge more than seventy-five cents boomage per thousand feet, board measure, on any logs, lumber, or charged by said other timber secured in their boom; and they shall pass through their boom, within such reasonable time, not exceeding ten days, free of boomage or other charge, any and all logs, lumber, and other timber, that may, at the time it

Boomage to be


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