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owner of or interested in land over which said road will
pass, and the cause shall be tried as any other cause in
court, and the jury shall by their verdict ascertain what
will be a just compensation for the land so taken and
damages to the residue thereof, and thereupon a judgment
shall be entered upon the verdict, unless a new trial be

granted. The court shall have the power to determine Cost of proceed- which party shall pay the costs of the proceedings, if a

greater compensation is allowed for said land by the jury
than by the viewers. If they allow by their verdict the
same compensation, or less, then the party filing the ex-

ceptions shall pay the cost of such proceedings. Nothing Right of com- in this section contained shall be construed to deprive said pany to proceed

company of the right to proceed otherwise to secure such prohibited.

right of way for the purposes aforesaid, as directed by the
code.

ings.

otherwise not

Peculiar advan

set damages.

5. In all questions between the owners of any land over tages may off which said road may be constructed, or any depot, sidings

or stations erected by said company in considering all
damages resulting from such work, the same may be, in
whole, or in part, set off by any incidental advantages re-
sulting to the residue of the property of such owner, from
such work.

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Counties thro' which road passes may as

perty.

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submitted to voters.

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6. It shall be lawful for any county through which said

road may be located to undertake and assume the paysume payment ment of such compensation for land taken for said road, to sulting to pro- the owners in whole or part, and to assume and pay

the damages resulting to owners of property so damaged, in

whole or in part. Before any county shall so undertake, Question to be the question shall be submitted to the voters of such

county, at such time, and in such manner, as the board of
supervisors of the county may, by ordinance declare, and
if a majority of the voters voting on the question vote for
the proposition, then it shall be the duty of the board to
levy and collect from time to time the necessary taxes upon
the taxable property of the county to pay the same. But
before the vote is taken, notices shall be posted at the
several places of voting in the county, stating what is pro-
posed, for at least twenty days before such election in the
manner prescribed in section three of this act.

7. Said company shall have power to construct that part

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Notice.

road ti

to

Causen ain this ken as udgmec

of their road south from Charleston, so as to terminate Company authe same either on the Kentucky line, or on that part of construct road the line of the State of Virginia between the county of Charleston to Tazewell of that state and the line of this state, or at both Kentucky or lines as herein indicated.

same point on

Virginia line.

etermis

8. The Legislature reserves the right to amend or alter Act amendable. the charter at pleasure, so that justice may be done to all parties interested.

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CHAPTER LXIV.
An Act to re-enact and amend an act incorpora-

ting the Wirt County Boom and Lumber Com-
pany, passed February 10, 1871.

Passed February :0, 1872.
Be it enacted by the Legislature of West Virginia:

That an act to incorporate the Wirt county Boom and Act amended.
Lumber company, passed Feb. 10, 1871, be re-enacted and
amended as follows:

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privileges of

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1. That William McCoy, Okey Johnson, D. H. Leonard, Corporators. and C. T. Caldwell, their associates, successors and assigns, be and are hereby constituted a body corporate by the name and style of the Wirt county Boom and Lumber company,

Incorporation, subject to chapters fifty-two andfifty-three of the Code of West Virginia, and to such additional powers and privi- Powers and leges as may be granted, and such additional restrictions companys as may be imposed by this act; and the organization of said company, under said act, passed February 10, 1871,

Acts legalized, and all acts done by said company, under said act, are hereby legalized and made valid.

2. The capital stock of said company shall not be less Capital stock. than ninety thousand dollars, to be divided into shares of Shares. one hundred dollars each, and may at any time thereafter be increased by a vote of the stockholders to an amount Increase of not exceeding six hundred thousand dollars, and for the purpose of obtaining subscriptions to said capital stock or so much thereof as may be necessary for the lawful pur

e for

2001 But the

the

art

Subscription books.

poses of said corporation, books may 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 constructing within certain limits.

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Authority to

manufacture,

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and build tram roads.

May hold lands,

wharves

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mining.

3. The said corporation shall have exclusive privilege of constructing and manufacturing a substantial boom or booms, with or without piers, across Reedy creek and Spring creek in Wirt county, at or within one mile of the mouth of said 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, 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, and remove obstructions therebuild saw mills, from; and may build saw mills and manufacture, buy and

, dear in lumber sell lumber, and construct tram railways, subject to the

provisions of the code.

4. The said corporation is authorized and empowered to and engageret in purchase and hold lands, to sell and convey real estate,

not exceeding thirty thousand acres, and to engage in min-
ing and manufacturing, and to erect and maintain wharves
on-such streams subject to the provisions of the code, con-
cerning places of deposit, sale and shipment.

5. Said corporation by reason of its compliance with
this act, shall charge and collect tolls or boomage, not to
exceed the rate of one dollar and fifty cents per

thousand feet board measure, for all square timber, saw logs or boards, planks or 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 the same, at any point or place in said streams, or either of them. But such boom or booms shall be so constructed as to permit boats or rafts to pass them without unneces

sary delay free of toll or boomage charges. The said corLien for toll and poration shall have a lien on all saw logs and other timber

thus boomed, for the payment of all toll or boomage and
other expenses until the same shall be paid.

6. That if any timber shall have been boomed securely
as aforesaid, and no person shall appear to claim the same

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Rateg of toll and bocmage.

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boomage.

Unclaimed timber in bcoms may be cold after notice.

ander it and pay the tolls thereon, within ten days, it shall be law-
1 of tiful for the corporation, after advertising the same for two
zt in de 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 lumber to the
best advantage, if no owner appear to claim the same, and

at any time within six months from said sale the owner pek shall be entitled to receive the proceeds thereof, after de- How proceeds deducting the taxes, expenses, tools and necessary charges, the Le but if not claimed within said six months, the proceeds

shall inure to, and be vested in said corporation for its own I serin

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disposed of.

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on logs.

7. That if any person or persons shall willfully and

Penalty for inmaliciously injure or destroy any of said booms, piers, or juring com

pany's works or other works connected therewith, or shall remove, alter or defacing marks deface any

mark or marks on any logs, or other timber intended for said boom or booms, he shall pay triple damages, to be received by an action of trespass brought in the name of said corporation before a justice of the peace, or any court of the county in which he or they shall reside, or in the county in which the offence was committed, and upon conviction thereof may be punished by fine and imprisonment, as is provided by law, for the punishment of

eredo

willful trespass.

timber.

8. That all timber in said boom or booms shall be count- Measurement of ed and measured, and its quantity ascertained by some competent person or persons, to be appointed by the company, and confirmed by the circuit court of Wirt county.

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9. That should any boards, logs, or other timber belongin ing to said corporation be carried by the wind, force of the verting timber

current, or otherwise, into any bays, creeks, coves, or upon winds or cur-
the shore or any 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 such
logs or timber, punishable as provided in the seventh sec-

tion of this act. The corporation shall not be liable for Liability of com -1 any loss or damage that may be caused by fire, or flood, or agus .

by the unlawful acts of any person or persons not in their

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pony for dam

employ.

10. Where the words logs or timber occur in this act

every

Act amendable but not to impair vested

Meaning of the they shall be taken to mean logs and timber of

kind my and “timber.” and description, manufactured or unmanufactured.

11. The right is reserved to the legislature to alter or

amend this act, but such alteration or amendment shall rights. not affect the rights of creditors or impair the vested

ht rights of the corporation.

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Corporate limits

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An Act to incorporate the town of St. Marys, in

the county of Pleasants.

Passed February 21, 1872.
Be it enacted by the Legislature of West Virginia :

1. The corporate limits of the town of St. Marys shall be as follows: Beginning at the west corner of a lot belonging to G. W. Riggs, on the Ohio river, thence with the south line of said lot to the south corner thereof, same course to the public road, thence with said road to the west corner of a lot belonging to the heirs of Charles Donna, dec'd., and with the south line of said lot to the south corner thereof, thence a course through the lands of Edmund Riggs and Samuel Barkwell to the St. Marys branch of the Middle Island turnpike, (so as to include all the original plat of said town, as recorded in recorder's office of said county of Pleasants,) thence with said branch road and the lands of Silas Gallaher to the Ohio river, thence with the river to the beginning.

2. The municipal authorities of said town shall be a Municipal au

mayor, five councilmen, sergeant, recorder, treasurer and a superintendent of roads, streets and alleys, all of whom shall be elected annually by the citizens of said corpoporation, (who may be entitled under this act to vote,) except the treasurer and recorder, who shall be appointed by the council from among their own number, and all of whom together shall constitute a common council.

3. The bond of the sergeant and treasurer shall each be Bond of sergeant.

in such penalty (not less than two hundred dollars,) as the council may prescribe.

thorities.

Election.

Recorder and treasurer appointed. Common council

and treasurer.

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