Time and place of be opened under the direction of the persons named in the first opening books. section of this act, or a majority of them, at such time and place as the persons who act in that behalf shall deem expedient; and in case the company shall organize before a sufficient amount is subscribed to the said capital stock for the Subscriptions af lawful purposes of said corporation, the president and directer organization. tors thereof shall have authority and power, at any time. thereafter, and without opening new books of subscription, to receive further subscriptions to said capital stock until the full amount anthorized by this act is subscribed. Incorporation. Rights and responsibilities of company. By-laws. Improvement of river. Acquisition of land and materials. Order of prosecuting improvement. Collection of tolls. Rates of toll. 3. As soon as one thousand shares, or one hundred thousand dollars, shall have been subscribed, the subscribers, their executors, administrators and assigns, shall be and are hereby incorporated into a company, by the name and style of "The Elk River Navigation Company," with all the rights, privileges and immunities, and subject to the responsibilities of a body politic or corporate, and may make such by-laws, rules and regulations, not inconsistent with the constitution and laws of this state and of the United States, as they may deem necessary and advisable. 4. That said company shall have power to improve the navigation of said river, by removing any or all of the dams, or any other obstructions existing to the navigation of said river, or by locks, dams, sluices, canals, or by the usual modes of improvement, or by a combination of any two or more of them, and may acquire land and materials for said improvement under the general laws now in force. 5. That said improvement shall commence at or near the mouth of said river, and be prosecuted towards the head, so far as may deemed practicable or the resources will permit, and as soon as the said river is improved to Jarret's Ford the said company shall have power to charge and collect tolls on steamboats, barges and other floats, and all commodities, only according to the distance which the same may be transported on such parts of said river: on both staves and headings per cord, per mile, two cents; on wood and tanbark per cord, per mile, one cent; on coal and coke per thousand pounds, per mile, one cent; on salt, lime, hydraulic cement, grain, wool, furs, peltry skins, furniture, groceries, provis ions, merchandise, agricultural products, and all articles not steamboats. herein enumerated, per hundred pounds, per mile, two mills. Rates of toll on On all steamboats, for each and every lock to be passed through, one dollar and fifty cents. Provided, that in all Tolls on cargoes. cases legal tolls shall be paid on the cargoes of all such boats, barges or other floats, exclusive of such tolls for lockage, and No lockage to be that no toll shall be collected for the lockage of any raft raft when toll when toll shall have been paid on the materials composing its materials. such raft, to an amount which shall equal or exceed one and one-half dollars for each lock to be passed through, collected on has been paid on furnished com shown by man to clearance un board boats to and demand 6. Manifests under oath, when required, of the cargoes of Manifests to be all boats and floats of every description which may navigate pany's officers. said river, shall be furnished to the superintendents or collectors of tolls, who may be appointed by said company, designating such boat or float by name, or in such manner as What must be said company may by regulation require, the name of its ifest. master, the amount of the several kinds of commodities constituting its cargo, the names of the several shippers and consignees of the same, and of the several places at which the same shall have been received and to be discharged; legal toll shall be demanded and paid accordingly, and no boat or No boat entitled float shall be entitled to a clearance or to lockage till such til toll paid. tolls shall have been paid. It shall be lawful for collectors Collectors may of tolls, or other authorized agents of said company, to board verify manifests, and enter all boats or other floats on said river, for the pur- tolls. pose of verifying such manifest or of determining the amount of the several commodities composing such cargo, and to demand and receive legal toll on such boat or other float and its cargo; and in case of failure to pay such toll when de- Attachment for manded, such boat or other float and its cargo shall be liable to pay them. therefor, and may be proceeded against by attachment, as in other cases of attachment for debt. Any person or per- Penalty for failsons on board of such boat or float, and having control of come to when rethe same, who shall neglect or refuse to come to, when required by such collector or agent, shall forfeit and pay twenty dollars to the use of said company, to be recovered before any justice of the peace; and all persons resisting such col- Resisting colleclector or agent in the execution of his lawful duties, shall be demeanor. deemed guilty of misdemeanor and prosecuted accordingly. All persons who shall ship off, or authorize to be shipped off, any article subject to the payment of toll, without having first entered the same on said manifest and paid toll as herein Penalty for shipprovided, shall forfeit and pay twice the amount of such toll, out manifest or tolls, on failure ure of boat to quired. tors deemed mis ping goods with payment of toll. may be attached for tolls. to be recovered for the use of said company before any justice of the peace or court having jurisdiction of the same; and Boats and cargoes said company may sue out an attachment before any justice of the peace against any boat or other float and its cargo upon said river, for tolls or forfeitures due and unpaid for such boats or other floats, their owners, masters, or shippers, which attachment shall be prosecuted as in other cases of attachment for debt. cute in its name for penalties, etc. Officers of com- 7. The superintendents, collectors of tolls, lock-tenders and pany may prose other authorized agents, who may be appointed by said company, are hereby authorized to prosecute in the name of said company, in usual forms, for any and all penalties, forfeitures or punishments authorized and sanctioned by this act. All persons, except officers, for gates. 8. No persons, except the officers or employees of said combidden to open pany shall be permitted to open any large gate or valve-gate of any lock, without the permission of the authorized lockPenalty for vio- tender, and every person violating this section shall be deemed guilty of a misdemeanor and prosecuted accordingly. lation, Time for commencement and completion of work limited. Act may be amended, but not so as to injure corporators or creditors. 9. If the president and directors of said company shall not commence this improvement within one year from the passage of this act, and complete the same within two years thereafter as far as Jarret's Ford, then the interest of said company in the navigation and the tolls aforesaid shall be forfeited and cease. 10. The legislature reserves the right to alter or amend this act at any time, in such manner, however, that no injustice may be done to the corporators or their creditors. Supervisors of quire removal of CHAPTER 87.-An ACT concerning the removal of brush, trees and other obstructions from the South Branch of the Potomac river in Hardy and Grant counties. Passed March 2, 1870. Be it enacted by the Legislature of West Virginia: 1. That the board of supervisors of Hardy county shall require the removal of all trees, brush, and other obstructions to the free passage of the waters of the South Branch of the Potomac river, within the limits of said county, at least once in each and every year after the passage of this act, and oftener if they deem it expedient. examine islands 2. That in order to carry out the spirit and true intent of Commissioners to this act, the board of supervisors of said county shall, at and banks, and their second stated annual meeting in each and every year, appoint a commission of three discreet freeholders of Moorefield township in said county, whose duty it shall be once in every year, or oftener, if required by the board of supervisors of said county, to examine the islands and banks of the South Branch of the Potomac river within the limits of said county, and ascertain if there is any timber, brush, or other ascertain obstructions permitted to stand by any owner or occupier of the lands lying on or any island in said river, which would obstruct the free passage of the water and thereby injure any lands adjacent thereto, or along said river within the limits of said county. whether obstruc tions exist. to give notice to on which ob 3. If said commissioners shall find, upon an examination Commissioners as aforesaid, that any owner or occupier of lands lying on owners of lands or island in said river, within the limits of said county, has structions exist. or is permitting any timber, brush, or other obstruction to the free passage of the water in said river, to stand, they shall immediately give such owner or occupier notice to re to report those move the same. Said notice shall be served as other notices Service of notice. are, and shall describe as accurately as possible the work said commissioners desire said owners or occupiers to do. If said owners or occupiers do not, within twenty days from the service of said notice, remove the timber, brush, or other obstructions required by said notice to be removed, said con- Commissioners missioners shall report the names of any such so failing, or failing to reneglecting, to the board of supervisors of said county, and in tions. said report said commissioners shall describe the work or the timber, brush, or other obstructions, they required to be removed by each person failing to comply with their notice, and shall also file with said report a copy of the notice served upon any person or persons failing to comply therewith. move obstruc port, supervisors 4. Upon the filing of said report by said commissioners on filing of rebefore the board of supervisors, they shall at their next regular to order removal meeting thereafter order said commissioners to have such work, or such timber, trees, brush, or other obstructions as of obstructions. Removal to be at are mentioned in the notice served upon any owner or occucost of person in default, pier of land situated as aforesaid, removed at the cost of the person or persons failing or neglecting to comply with said notice, and said amount may be recovered from said person or persons, in the name of the county, before a justice or in the circuit court of said county. Compensation of commissioners. Penalty for refusal to act as commissioner. Commissioners to be notified of their appoint ment, and pro to discharge 5. Said commissioners shall be allowed one dollar per day for every day they are engaged in the performance of the duties aforesaid, to be paid to them out of the county treasury; and any person or persons appointed as aforesaid on said commission who shall fail, refuse, or neglect to discharge the duties thereby imposed, shall be fined by the board of supervisors not less than ten nor more than fifty dollars, and such fine may be recovered from such person or persons before a justice in the name of the county. 6. The board of supervisors shall, immediately after their appointment by them, notify said commissioners thereof, and ceed in ten days unless said commissioners, within ten days thereafter, enter upon the discharge of their duties as herein before prescribed, they shall be considered as refusing to discharge said duty, and shall be subject to the fine imposed by the fifth section of this act. their duties. Act may apply to 7. This act shall take effect from and after its passage, and may apply to Grant county also, and the commissioners to be appointed by the board of supervisors of Grant county shall be free holders and residents of Milroy township in said county. CHAPTER 88.-An ACT to amend and re-enact section 5 of chapter 52 of the Code of West Virginia. Passed March 2, 1870. Be it enacted by the Legislature of West Virginia : That section five of chapter fifty-two of the code of West Virginia shall be amended and re-enacted in the words, so as to read as follows: "5. Any company incorporated for a work of internal improvement may, by its officers, agents, or servants, enter upon |