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at any time previous thereto, before the Judge of said court, in vacation, upon his taking an oath to support the Constitution of the United States, and the Constitution of this Oath of of-State, and the oath prescribed by Section Two of Chapter Nine of the Code of West Virginia.




CHAPTER 18.-AN ACT to incorporate the Wirt County
Boom and Lumber Company.

Passed February 10, 1871.

Be it enacted by the Legislature of West Virginia:

1. That William McCoy, D. H. Leonard, Okey Johnston and C. T. Caldwell, and their associates and successors, be, and are hereby constituted a body corporate by the name Incorpora- and style of "Wirt County Boom and Lumber Company," subject to Chapter fifty-two and fifty-three of the Code of Powers and West Virginia, and to such additional powers and privileprivileges of ges as may be granted, and such additional restrictions as Company. may be imposed by this act.

Capital stock Shares. Increase of stock.

Subscription books.

booms on


2. The capital stock of said company shall not be less than ninety 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 of 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 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.

Privilege of 3. The said corporation shall have the exclusive privilconstructing ege of constructing and maintaining a substantial boom, or Reedy Creek booms, with or without piers, across Reedy Creek and and Spring Spring Creek, in Wirt county, at, or within five poles of the mouth of such creeks, also, across the West Fork of the Little Kanawha river, at or within five miles of the mouth of the said West Fork, for the purpose of stopping and securing boats, rafts, saw-logs, staves, and other lumber of value, and may erect shear booms on such streams, and may dredge and clear the channel of each of said streams, and the main branches thereof, remove obstruction therefrom, Authority to deal in lum- and may build saw mills and manufacture and sell lumber, ber; can con- and construct tram railways, subject to the provisions of struct tram the Code.


Authority to hold lands and erect wharves.

4. That 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 such streams subject to the pro

visions of the Code concerning places of deposit, sale and shipment.

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

point or place in said streams, or either of them. The said Lien for toll corporation shall have a lien on all saw-logs and other tim- or boomage. ber, and thus boomed, for the payment of all toll or boomage and other expenses, until the same shall be paid.


booms may

6. That if any timber shall have been boomed securely Unclaimed as aforesaid, and no person shall appear to claim the timber in and pay the tolls thereon within five days, it shall be law- be sold after ful for the corporation, after advertising the same for two notice. weeks in some newspaper published in Wirt county, or by posting the same for two weeks at three public places in said county, with marks thereon, to sell said timber to the best advantage, if no owner appear to claim the same, and at any time within six months from said sale the owner shall be entitled to receive the proceeds thereof, after de- How producting the taxes, expenses, tolls, and necessary charges, ceeds disposbut if not claimed within said six months, the proceeds shall inure to and be vested in said corporation for their own use.

ed of.

on logs.

7. That if any person or persons shall willfully and ma- Penalty for liciously injure or destroy any of said booms, piers, or other injuring the Company's works connected therewith, or shall remove, alter, or de- works, or deface any mark or marks on any logs or other timber inten- facing marks ded for said boom or booms, 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 courts of the county in which he or they shall reside, or in the county in which the offense was committed, and upon conviction there- Punishment of, may be punished by fine and imprisonment, in the dis- for injury to cretion of the court. Company's works.


8. That all timber in said boom shall be counted and Measuremeasured, and its quantity ascertained by some competent ment of timperson or persons to be appointed by the company, and confirmed by the Circuit Court of Wirt county.

timber carri

9. That should any boards, logs, or other timber belong- Penalty for ing to said corporation be carried by the wind, force of the converting current, or otherwise, into any bays, creeks, coves, or upon ed away by the shore or any flat lands, it shall be a penal offense for winds or curany person or persons except the owners thereof to take possession of, sell, or convert to his or their own use such


logs or timber, punishable as provided in the seventh secLiability of tion of this act. The corporation shall not be liable for any company for damages. loss or damages that may be caused by fire, or flood, or by the lawful acts of any person or persons not in their employ.

Meaning of

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

"logs" and


Act may be amended.

Subscription boooks.

11. The right is reserved to the Legislature to alter or amend this act, but such alteration or amendment shall not affect the rights of creditors, or impair the vested rights of the corporation.

CHAPTER 19.-An ACT for the incorporation of the Ellenboro and Harrisville Turnpike Company.

Passed February 10, 1871.

Be it enacted by the Legislature of West Virginia :

1. It shall be lawful to open books and receive subscriptions, to be divided in shares of twenty-five dollars each, to Capital stock constitute a joint capital stock for constructing a plank, gravel or macadamized road from Ellenboro to Harrisville, in Ritchie county, either upon the beds and tracks of the existing public roads or by such other route as the corpoCommission-ration herein provided for may determine. The books may be ers to open opened under the direction of A. S. Core, Lewis G. Reitz, James McKinney, Wm. H. Douglass, Wm. H. Pierpoint and C. F. Scott at Harrisville and Ellenboro, at such time or times as a majority of the above named commissioners may appoint, ten days notice thereof having previously been given.




2. Whenever two thousand dollars of the capital stock shall have been subscribed the stockholders and their personal representatives, and those claiming under them shall Style of com- be incorporated into a company by the name of the Ellenboro and Harrisville Turnpike Company, which shall be a body corporate, governed in all respects by and endowed Privileges of with all the rights and privileges conferred by the existing laws of this State in reference to such corporations, except as excepted and modified by this act.


Increase of 3. The corporators shall have the right to raise their capital stock. capital stock by subscription of shares to ten thousand dollars, if it shall be necessary so to do to carry out the purposes of this act.

Construction 4. The grading and constructing of the road shall be under the control of the company: Provided, it shall be macadamized or graded at least ten feet in width, and its

of road controlled by


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grade shall not be over five degrees, and the whole road Width and shall not be less than sixteen feet in width. grade of road

5. Whenever the grading of the road ls completed a toll Toll gates gate may be opened on said road, which shall collect such and toll. tolls as are allowed by law to be taken or collected on five miles of road, or the company may, at its option, put two gates on said road and collect half tolls, or take at the same rate per mile as is allowed by law.

6. No officer or stockholder of the road, or other person, No one to except the president in person, shall be allowed to pass free pass free of toll.

save the president.

7. The tolls so received on the road may be disposed of How tolls as the stockholders may lawfully decide.

CHAPTER 20.-An ACT changing the boundaries of the
Town of Bethany, in the county of Brooke.

Passed February 10, 1871.

Be it enacted by the Legislature of West Virginia.

are to be disposed of.

The boundaries of the town of Bethany, in the county of Corporate Brooke, shall hereafter be as follows:

1. Beginning at a point where the eastern line of the grounds of Bethany College leave Buffalo Creek; thence with said line to Pendleton street; thence with the north line of Pendleton street to Ross street; thence with the west line of Ross street to Diamond alley; thence with the north line of Diamond alley, extending to Buffalo; with Buffalo Creek to the southeast corner of lots belonging to the heirs of Richard Adams, deceasd; thence with the south line of said lots to Church street; thence with the east line of Church street to Apollo alley; thence with the south line of Apollo alley to the property of C. L. Loos; thence with the east line of said property to the southeast corner of the same; thence along the south line of the same to Buffalo Creek; thence with Buffalo Creek to the place of beginning.


2. The said town, within the said limits, shall be a body Town corpopolitic and corporate by the name of the town of Bethany, ration. and by that name shall have and exercise the powers conferred by the forty-seventh Chapter of the Code of West Corporate Virginia.

3. The municipal officers of said town shall consist of a Mayor, Recorder and five Councilmen.

4. The first election under this Act shall be held on the first Thursday of May, 1871, and annually thereafter on


Municipal authorities.

First election



Corporate limits.

said day, at such place and under such regulations as said council may prescribe.

CHAPTER 21.-AN ACT to extend and prescribe the limits of the town of Beverly, and to amend the charter of the town passed January 17th, eighteen hundred and fortyeight.

Passed February 10, 1871.

Be it enacted by the Legislature of West Virginia:

1. The corporate limits and boundaries of the town of Beverly, in the county of Randolph, shall be as follows: Beginning at the abutment of the bridge across File's creek on the west of the Staunton and Parkersburg turnpike, south of Beverly; thence, north 27° east 123 poles with the east line of the tier of lots east of Walnutstreet to a stake the south east corner of Baker's lots; also a corner to George Buckey's lot; thence north 45° east 78 poles to a stake in Parkinson Collet's field standing a north west course thirty-five links from a white oak stump; thence north 45° west 47 poles crossing the Beverly and Fairmont turnpike to a stake in the edge of Collett's meadow; thence with the same bearing of last mentioned pike south 41° west 24 poles to a stake in the line between George Buckey's and the heirs of Eli Kittle, deceased; thence with their division line, north 65° west 34 poles to a stake in the stone quarry of said Kittle's corner; thence, with another of their lines south 17° west 4 poles to a spanish oak stump, their corner; thence, with another of their lines, and passing their south west corner, south 27° west 178 poles to the middle of File's creek; thence, up the same with the meanders thereof about 55 poles to the beginning.

Municipal 2. The municipal authorities of said town shall be a authorities. Mayor, three Councilmen, a Sergeant, Recorder, Treasurer, Assessor, and a Superintendent of roads, streets and alleys, all of whom shall be elected annually by the citizens and owners of real estate in said corporation, (who may be entitled under this act to vote) except the Recorder, Assessor and Treasurer who shall be appointed by the Council from among their own number, and all of whom together shall constitute a common Council, a majority of whom shall constitute a quorum to transact business.

Common council,

Bonds of

sergeant and treasurer.

Town incorporated.

3. The bond of the Sergeant and Treasurer shall be in such penalty not less than three hundred dollars, as the council may prescribe.

4. The Mayor, Sergeant, Superintendent of roads, streets and alleys, and the Councilmen, so soon as they have been elected, and qualified as hereinafter provided, shall be a

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