and seventy, on account of taxes; the said sum being the amount of township drafts drawn by the county superintendent of schools, and paid by the said sheriff, on the levy of eighteen hundred and sixty-nine for general school purposes for said county; the said sum to be charged by the auditor to the said county, and deducted by the state superintendent of free schools from the apportionment of the general school fund to be made to the said county in the year eighteen hundred and seventy. $60,000 appropriated, CHAPTER 44.—An ACT appropriating sixty thousand dollars for the further construction of the West Virginia Hospital for the Insane at Weston. Passed February 26, 1870. Be it enacted by the Legislature of West Virginia: 1. That the sum of sixty thousand dollars be and the same is hereby appropriated out of any money in the treasury not otherwise appropriated, for the purpose of the further construction of the West Virginia Hospital for the Insane, at Additional levy. Weston, and for that purpose five cents on each hundred dollars of taxable property be levied and collected in addition to the amount now levied and collected by law. Auditor to issue warrants. Ferry authoriz ed. To be governed by code, except as to distance from another ferry. 2. The auditor shall issue his warrant on the treasury from time to time, upon the orders of the board of directors of said hospital for the insane, for such sums as may be needed as the work progresses. CHAPTER 45.-An ACT authorizing R. G. Dovener to establish a Ferry across the Little Kanawha River, at Newark, in Wirt county. Passed February 26, 1870. Be it enacted by the Legislature of West Virginia : R. G. Dovener is hereby authorized to establish and keep a ferry across the Little Kanawha river, directly opposite the town of Newark, in Wirt county, near the mouth of Lee creek, which ferry shall be subject to and governed by all the provisions of chapter forty-four of the code of West Virginia, applicable to ferries, except that section six of said chapter, which prohibits a ferry being established over a water course within a half mile of another ferry, shall not affect this act. CHAPTER 46.-An ACT to incorporate the Valley River Passed February 28, 1870. Be it enacted by the Legislature of West Virginia: 1. Benjamin Wilson, William E. Porter, Reuben Davisson, Corporators. Henry G. Davis, and Samuel D. Schmucker, their representatives, assigns, and such other persons as may be associated with them, shall be and they are hereby constituted a body politic and corporate by the name of "The Valley River Incorporation. Land, Lumber and Boom Company," and by that name shall have succession, shall sue and be sued, plead and be im- pany. pleaded, make and use a common seal and pass by-laws for By-laws. the government of their said company, so that the same are not repugnant to the constitution and laws of this state, and the constitution of the United States. Powers of com Increase of stock. 2. The capital stock of said company shall not be less than Capital stock. twenty thousand dollars, to be divided into shares of one Shares, 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. books. leges of con within certain 3. The said corporation shall have the exclusive privilege Exclusive priviof constructing and maintaining a substantial boom or booms, structing booms with or without piers, across the Valley river, so that the same limits. do not extend below the northern boundary line of Taylor county, nor above the railroad bridge at Grafton, for the purpose of stopping and securing boats, rafts, saw-logs, and other timber of value. But such boom or booms shall be so constructed as to permit boats and rafts to pass them, without material delay, and without paying toll, boomage or other charge, and may erect shear booms on said river and may dredge and clean the channel of said river, and the main Power of combranches thereof, and remove obstructions therefrom, and may build saw-mills, and manufacture and sell lumber, and construct tram-railways, subject to the provisions of the code. Not to interfere with boats. pany. Powers of corporation. Rates of boomage on timber. 4. The said corporation are authorized and empowered to purchase and hold lands, to sell and convey real estate, and to engage in mining and manufacturing, and to erect and maintain wharves on Valley river, subject to the provisions of the code concerning places of deposit, sale and shipment. 5. The said corporation may, by reason of its compliance with this act, charge and collect toll or boomage, at the rate of one dollar 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 other logs or other timber, in said boom, at any point or place not above said railroad Lien for boom- bridge. The said corporation shall have a lien on all sawlogs and other timber and lumber thus boomed, for the payment of all toll on boomage and other expenses until the same shall be paid. age. Sale of unclaimed timber.; Disposition of proceeds of sale. Penalty for injuring works of corporation. 6. That if any timber shall have been boomed securely, as aforesaid, and no person shall 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 Taylor, or by posting the same for two weeks at three public places, in Grafton, 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 entitled to receive the proceeds thereof, after deducting the 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. 7. That if any person or persons shall willfully and maliciously injure or destroy any of said booms or piers, or other 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 corporation, before a justice or any of the courts of the county in 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. timber, 8. That all timber in said boom shall be counted and Measurer 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 Taylor county. version of timber. 9. That should any boards, logs, or other timber belonging Penalty for conto said corporation be carried by the winds, by the force of 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. The Valley river and its main branches are hereby declared a public highway. The corporation shall Valley river pubnot be liable for any loss or damage that may be caused by fire or flood, or by the unlawful acts of any person or persons not in their employ. lic highway. 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. property by cor 11. That nothing in this act shall be so construed as to de- Injury to mill prive the owners of mill property on the said river and bran- poration. ches thereof from recovering damages for injury to their property by the said corporation, their agents or employees. amended. Proviso. 12. The right is reserved to the legislature to alter or Act may be amend this act. But such alteration or amendment shall not affect the rights of creditors, or impair the vested rights of the corporators. CHAPTER 47.-An ACT legalizing the acknowledgment of a certain deed to John B. Young, of Mineral county. Passed February 28, 1870. Be it enacted by the Legislature of West Virginia : and wife to The acknowledgment and recordation of a certain deed from Deed from Brady Samuel D. Brady and wife to John B. Young, dated July Young legalized. fourth, eighteen hundred and sixty-one, are hereby declared to be legal and valid. Corporate limits. CHAPTER 48.-An ACT to amend and re-enact the charter of the town of Hedgesville, in the county of Berkeley, passed March 1, 1854. Passed February 28, 1870. Be it enacted by the Legislature of West Virginia: That the charter of the town of Hedgesville be amended and re-enacted so as to read as follows: "1. The corporate limits of the town of Hedgesville shall be as follows, to-wit: Beginning at a stake on the west side of the Martinsburg and Bath road, near the corner of Moses C. Nadenbousch's tan-yard lot; thence north twenty-nine and three-fourths degrees, east twenty-eight and three-tenths poles, to a locust tree near the north corner of the grave yard; thence north nine degrees, east twelve and one-tenth poles, to a stake on the east side of an alley opposite William Schaffer's corner; thence across J. H. Miller's field, north fortythree and a half degrees, east fifty poles, to a stake in a line of the heirs of Adam Kreglow; thence with said line north eight and a half degrees, east ten poles, to a stake in said line; thence north sixty and a half degrees, west eighteen and three-tenths poles, to a stake; thence north fifty-two degrees, west seventy-one and five-tenths poles, to Jacob Sperow's line, on the road leading from Hedgesville to the mouth of Back creek; thence along said road south twenty-four and a half degrees, west sixteen and six-tenths poles, to a black-oak, corner to Washington Slaughter and Gilpin's; thence south forty degrees, west thirty-one and four-tenths poles, to the middle of the Potomac and Hedgesville graded road; thence along the same south thirty and three-fourths degrees, east five and four-tenths poles, to a corner of James M. Wilson's lots; thence along a line of the same south fortysix and a half degrees, west eleven and two-tenths poles, to a stake corner to same; thence with another of his lines south thirty-five degrees, east twenty-eight poles, to a stake corner to Zorn, Kook, Rickard and Wilson's line, south fifty-four degrees, west twenty-six and eight-tenths poles, to a stake corner to same, and in a line of Lewis F. Wilson; thence with said line south forty-three degrees, east nineteen and twotenths poles, to a stake corner to said Wilson; thence south fifty and a half degrees, west twenty-eight poles, to a stake in Samuel Grabill's field; thence south thirty-nine and threefourths degrees, east fifty-four poles, to a stake near the northwest base of the North Mountain; thence north forty-seven |