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at such time and place as the directors for the time being Election of may appoint, for the purpose of electing a president and president, directors of said company, to serve for one year thereafter, until the next election shall be held; and subsequent elections for president and directors of said company shall be held annually thereafter, at such times and places as the by-laws of said company may prescribe; and the said directors of said company shall have all the powers and au- Powers of thority given them by this act, and such other powers and directors. authority not inconsistent with the provisions of this act, nor with the laws of this state or of the United States, as may be conferred on them by the resolutions and by-laws of said company.

of directors.


5. The directors of said company shall consist of such Number and number, not less than five nor more than ten, as the by-qualifications laws of said company may prescribe, all of whom shall be stockholders of said company. And the president and di- President; his rectors of said company shall have the power to appoint powers and remove all officers, servants, agents and employees of the company, to manage and conduct all its business of every kind, to borrow money at any time, and from time to time, for the use of said company, and execute, if deemed necessary and expedient, any deed or deeds of mortgage or trust on its property for the payment and fulfilment of any or all its debts, contracts or liabilities. The said company Commenceshall be required to commence the work of constructing ment of said road in good faith within two years, and complete at operations. least one-half of said road in three years from the passage of this act.


6. All meetings of the stockholders of said company may Place of meetbe held at such place or places, and at such times as the ing of stockdirectors from time to time may appoint, and all meetings holders and of the president and directors of said company may also be held at any place, or places, and times, which the president of said company may from time to time appoint. And at all meetings of said president and directors, a majority of Quorum. the said president and directors shall constitute a quorum

for the transaction of business.

7. The said company may, and shall have full power and Branch roads authority to locate, construct, equip and maintain any branch railroad or railroads, not exceeding fifteen miles in length, from any point on their said road to any coal or timber lands, saw mills, iron works, or other manufacturing establishments, owned, used, operated or worked by the said company, for their benefit and the purposes of said road; and all the rights that are granted to the Chesapeake Company inand Ohio Railroad on the question of taxation, shall also vested with rights granted be granted to any company contracting and constructing the C and 0. under the provisions of this charter.


Authority to enter upon



8. For the purpose of laying out and locating their said railroad and its branches, the president and directors of said company, with their engineers and agents, shall have full authority to enter upon and pass through and over any lands on the contemplated route, and to occupy the same so long as may be necessary for locating said road. But the company, in locating their said railroad, branches, depots and stations, shall not throw open any fences, or enclosures on any land, or injure the property of the owner or occupier without consent, or invade the dwelling house of any person, or any space within sixty feet thereof withAdjustment of out his consent. And when the line of said road is located, damages. if the owners of said lands, or their agents, and the officers and agents of said company cannot agree upon the value of such lands as said company may deem necessary to use and occupy for their railroad, depots, warehouses and sta tions, the said company may have and hold the said lands for their use in the manner following, to-wit: The said company shall make out a particular description of said lands in writing, and file it in the office of the clerk of the How company circuit court of the county in which such lands are located, may enter upon and take stating therein the sum they proposed to pay therefor, and possession of also file therewith a bond with sureties to the satisfaction of the judge of said court, conditioned to pay all that may be recovered against them as hereinafter provided, and thereupon they may enter upon and take possession of said lands, and proceed at once to operate and use the same for the purposes designated in the said description, but in no case shall the amount of land for the track of said road exceed sixty feet in width, except in case of cuts and fills, when the width may be one hundred and twenty feet; and the party owning said land, or his agent, may file with the clerk of said court, his or her claim thereof, in which shall be stated the sum he or she may demand for said land, and Viewers to be the said court shall thereupon appoint five disinterested persons for the purpose of ascertaining a just compensation therefor, any three of whom may act; and the sheriff, after said appointment is made, having first given at least ten days' notice to the parties interested. And the said sheriff shall administer an oath to the said viewers, which he is hereby empowered to do, that they and each of them will fairly, impartially and honestly assess, fix and determine the amount the said railroad shall company for pay the use of the said land, and return the report in writing, under their hands and seals, setting forth, the amount, if any, to be paid by the said railroad company; which report shall be certified by the said sheriff to the said court, and on the first day of the next term of said court, the judge thereof shall direct judgment to be entered upon said report, if no exceptions be taken and filed; the court shall decide according to the evidence before it; and after judg ment is entered upon said report, the said company shall

Owners of lands to file

claims for the

value thereof.


Oath to be taken by viewers.

Report of viewers.

Judgment upon said report.

hold said land by a good, indefeasible title, subject only to the payment of the said judgment. The judge shall have power to determine and order which party shall pay the costs of such proceeding.

9. Nothing herein contained shall be construed to give Banking privto said company banking privileges.

ileges not granted.

10. The legislature reserves the right to alter or amend Act amendthis act, but such alteration or amendment shall not affect able. the right of the creditors of the corporation to have the property, and assets thereof applied in discharge of their respective claims, or of the stockholders to have the surplus which may remain after providing for the debts and liabilities of the company distributed among themselves, according to their respective interests.

11. The office or principal place of business of said Principal company shall be at Buckhannon, in the county of Up- office. shur, until some other place be adopted by the company.

rights and

to any

12. It is expressly provided that when any railroad com- Company to pany now, or which may hereafter be chartered and organ- surrender its ized, shall construct a railroad from the Pennsylvania transfer its line, or from the Baltimore and Ohio or Northwestern Vir- property at a ginia Railroad, through the county of Upshur to Charles- fair valuation ton, or any point on the Great Kanawha or Ohio Rivers, through comand shall desire to purchase the track and property of the peting line. company hereby incorporated, the said Buckhannon and Mineral Railroad Company shall sell its track and property to such company at a fair reasonable value, to be agreed upon by the two companies, if they can agree, and, if they cannot agree, it shall be the duty of the circuit court of Kanawha county, on the motion of the company desiring to purchase, to appoint three commissioners not residents of Upshur county, to fix upon a fair and reasonable valuation of the track and property of said Buckhannon and Mineral Railroad Company, and, upon the payment or tender of the sum so fixed by said commissioners to said Buckhannon and Mineral Raiiroad Company, all the rights, privileges and franchises of said Buckhannon and Mineral Railroad Company shall cease, and be as null as if this act had never been passed.

13. This act shall not take effect until the first day of Oc- When act tober, eighteen hundred and seventy-one.

takes effect.

Further time allowed to collect certain

taxes, levies, and officers'


CHAPTER 202.-AN ACT allowing George H. Morrison, late acting sheriff of Braxton county to collect certain taxes, levies and officers' fees.

Passed March 1, 1871.

Be it enacted by the Legislature of West Virginia:

That George H. Morrison, late acting sheriff of Braxton county, may sue for and collect within two years from the passage of this act, any state taxes for which he has paid or is liable, or county levies for the years 1865, 1866 and 1867, and any officers' fees due to himself or such as may have been placed in his hands in those years for colTime in which lection. And said Morrison may, within the period aforeetc., must be said place such taxes, county levies, and officers' fees in placed in the the hands of the present sheriff of Braxton county, or his hands of the deputies, who shall receive and distrain for and collect the same in the mode prescribed by law.

such taxes,

present sheriff

$3 per week allowed Har

riet Smith

for the care of: her lunatic


Auditor to

issue his war

CHAPTER 203.—AN ACT for the relief of Harriet Smith, of Taylor county.

Passed March 1, 1871.

Be it enacted by the Legislature of West Virginia:
1. That from and after the first day of October, 1870,
Harriet Smith, of Taylor county, shall be allowed at the
rate of three dollars per week for the care and support of
her lunatic son, James Smith:

2. That whenever the said Harriet Smith shall present her affidavit to the state auditor that her son, James rant to Harriet Smith, is still living, and unable to care for himself, the Smith for the auditor shall issue his warrant upon the treasury for any amount that may be due the said Harriet Smith, at the aforesaid rate of three dollars per week: Provided the said payments shall not be for a shorter period than three months.

amount due


Section amended.

Order of prosecuting improvement.

CHAPTER 204.-AN ACT to amend an act incorporating the "Elk River Navigation Company," passed March 2, 1870.

Passed March 1, 1871.

Be it enacted by the Legislature of West Virginia :

That the fifth section of "An act to incorporate the Elk River Navigation Company," passed March 2, 1870, is so amended as to read as follows:

"5. That said improvement shall commence at or near the mouth of said river, and be prosecuted towards the head, so far as may be deemed practicable or the resources will permit; and as soon as the said river shall be im

proved to Jarrett's Ford, the said company shall have

power to charge and collect tolls on steamboats, barges and Collection of other floats, and all commodities, only according to the tolls. distance which the same may be transported on such parts

of said river, as follows:


On both staves and headings, per cord per mile, two Rates of tolls.


"On wood and tan-bark, per cord per mile, one cent.
"On coal and coke, per thousand pounds per mile, one


"On salt, lime, hydraulic cement, grain, wool, furs, poultry, skins, furniture, groceries, provisions, merchandise, agricultural products, per one hundred pounds, per mile, two mills.

"On all steamboats, barges and other floats, for each and every lock to be passed through, one dollar and fifty


"On crude and refined oil, whether transported or in bulk, barrels or other packages, per barrel of forty gallons, per mile, five mills.

"On empty oil barrels, per barrel per mile, one and onehalf mills.

"On malt and spirituous liquors per barrel of forty gal-
mile, two and one-half cents.


"On flour, per barrel per mile, seven mills.

"On timber and logs, per one hundred cubic feet per mile, two cents.

"On boards, plank, scantling and lumber of all kinds, when transported in rafts, per one thousand feet, reduced to board or inch measure per mile, two cents; and on the same when transported on boats or barges, per mile, one and one-half cents.

"On clap-boards, shingles and laths, per thousand per mile, one cent.


"On hoop-poles per thousand per mile, two cents; and Toll on all other articles, not herein_enumerated, per hundred cargoes. pounds per mile, two mills. Provided that in all cases No lockage legal tolls shall be paid on the cargoes of all such boats, to be collected barges or other floats, exclusive of such tolls for lockage, to rafts wher and that no tolls shall be collected for the lockage of any paid on its raft when tolls shall have been paid on the materials com- materials. posing such raft, to an amount which shall equal or exceed one and one-half dollars for each lock to be passed through."

CHAPTER 205.-AN ACT to incorporate the Brown's Mills and Wilsonburg Turnpike Company.

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Be it enacted by the Legislature of West Virginia :

1. That for the purpose of constructing a turnpike road upon the shortest and most eligible route, from Brown's Route of road.

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