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le of Te and acknowledged before and certified by a notary public
of said republic under his official seal, and the same admit-
of the United States in said republic under his official seal covideli
at that time.
Proviso, “But this act shall not affect any action, suit or Proviso.
CHAPTER 217.-AN ACT changing the name of the Vir- .
Passed March 1, 1871.
1. The Virginia Coal and Iron Company, incorporated Further time by an act of the General Assembly of Virginia, passed the allowed comtwenty-ninth day of January, 1858, be and the same is pany, within
which to or-
2. The name of said company is hereby changed to that Name of com-
CHAPTER 218.-AN ACT to establish the boundary lines
of Willey School District in Portland township, Preston
Passed March 1, 1871.
That the school house and boundary lines of Willey, of Boundary
change said township. But the board of education shall not have the lines within right or the power to change the boundary lines of said three years. district for three years from the passage of this act.
Land, Lumber and Boom Company. (Ch. 219.
CHAPTER 219.-AN ACT to incorporate the West Fork.
Land, Lumber and Boom Company.
Passed March 1, 1871.
associates are hereby constituted a body corporate by the Incorporation name of the “West Fork Land, Lumber and Boom Com
pany,” subject to chapters 52 and 53, of the code of West
may be granted by this act. Capital stock.
2. The capital stock of said company shall not be less Shares,
• than ten thousand dollars, to be divided into shares of $100
be necessary for the lawful purposes of said corporation, Subscription books shall be opened under the direction of the persons books. named in the first section of this act, at such times and
places as the persons who act in that capacity may, deem
and securing boats, rafts, saw logs, staves and other lum-
sell lumber and construct such tram railways as may be
necessary for the purposes of said corporation, subject to tram railways the provisions of the code. Authority to
3. The said corporation may and they are hereby emdeal in real
powered to purchase, hold, sell and convey so much real estate.
estate as may be necessary for their purposes in construct-
for saw mills, and right of way for tram roads. Commission
4. The circuit court for Wirt or Calhoun counties shall tain rates of on motion of said corporation after their organization, ap
point three discreet freeholders whose duty it shall be to boomage. ascertain and report to said court what will be a fair and
reasonable rate of tolls and boomage that said corporation commis
may charge for boats, rafts, saw logs or other timber that :sioners.
may be floated, rafted, drifted or run into said boom and
ers to ascer
boomage as may be so ascertained by said commissioners and authorized by said court. But the said commissioners before entering upon their duty to be sworn by some Oath of comofficer authorized to administer an oath, that they will missioners. well and truly execute their said office of commissioners under this act. And if they require it the said corporation shall pay to each of said commissioners three dollars per day for each day they shall be necessarily employed. And the said company shall in like manner pay to the Recordation clerk of the said court his fees for recording said report of report. and the order of confirmation.
5. The said corporation shall have a lien on all boats, Lien for toll rafts, or other timber mentioned in the preceding section or boomage. boomed by them for the payment of toll or boomage and other expenses
until the same is paid. 6. That if any timber or boats mentioned in the fourth Unclaimed section of this act shall have been securely boomed as timber in aforesaid, and no person shall appear to claim the
booms same and
sold after pay the tolls thereon within five days, it shall be lawful for notice. the corporation, after advertising the same for two weeks in some newspaper published in Wirt county, or by posting the same for two weeks in three public places in said county, 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 six months from said sale the owner shall be entitled to receive the proceeds thereof, after deducting the taxes, expenses, tolls and necessary charges, but if not claimed within said six months, the proceeds How proceeds shall pass to and be vested in said corporation for their disposed of.
7. That if any person or persons shall wilfully and ma- Penalty for liciously injure or destroy any of said booms, piers
or injuring com
pany's works other works connected therewith, or shall remove, alter or or defacing deface any
mark or marks on any logs or other timber in- marks on logs. tended for said boom or booms, he shall pay treble damages, to be recovered by an action of trespass, brought in the name of the 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, For injury, no
Punishment and, upon conviction thereof, may be punished by fine and for injury to
works of comimprisonment in the discretion of the court.
pany. 8. That all timber in said boom shall be counted and Measurement measured, and its quantity ascertained by some competent of timber. person or persons, to be appointed by the company and confirmed by the circuit court of Wirt county. 9. The said West Fork of the Little Kanawha River is Said river de
clared a pubhereby declared a public high way.
lic highway 25
Penalty for 10. That should any boards, logs or other timber belongtimber carried ing to said corporation be carried by the wind, force di
of away by the the current, or otherwise, into any bays, creeks, caves, or winds or cur- upon the shore or any flat lands, it shall be a penal rent,
offense for any 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 section of this act. The corporation shall not be liable for any 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 11. Where the word “logs” or
66 timber the words
this act, they shall be taken to mean logs and timber of “logs” and <timber."
every kind and description, manufactured or unmanufactured.
Act amend able.
Time in which
12. That said corporation shall have and be allowed to organize. three years in which to perfect their organization.
13. 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 rested
rights of the corporation. Act repealed. 14. The act passed February 10, 1871, entitled “An act
to incorporate the Wirt County Boom and Lumber Company,” is hereby repealed.