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 exceptions shall pay the cost of such proceedings. Nothing in this section contained shall be construed to deprive said. company of the right to proceed otherwise to secure such right of way for the purposes aforesaid, as directed by the code.

ings.

Right of com

pany to proceed otherwise not prohibited.

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 resulting to the residue of the property of such owner, from such work.

Counties thro' which road

passes may as

sume payment sulting to pro

of damages re

perty.

submitted to

voters.

6. It shall be lawful for any county through which said road may be located to undertake and assume the payment of such compensation for land taken for said road, to 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 proposed, for at least twenty days before such election in the manner prescribed in section three of this act.

Notice.

7. Said company shall have power to construct that part

therized to

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.

south from

same point on

Virginia line.

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.

CHAPTER LXIV.

An Act to re-enact and amend an act incorporating the Wirt County Boom and Lumber Company, passed February 10, 1871.

Passed February 10, 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:

Incorporation.

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, 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 privileges of as may be imposed by this act; and the organization of

company.

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.

Increase of

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 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

stock.

Subscription books.

Privilege of constructing within certain limits.

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.

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 deal in lumber sell lumber, and construct tram railways, subject to the provisions of the code.

Authority to

manufacture,

and build tram

roads.

May hold lands, erect wharves

mining.

4. The said corporation is authorized and empowered to and gain purchase and hold lands, to sell and convey real estate, not exceeding thirty thousand acres, and to engage in mining and manufacturing, and to erect and maintain wharves on such streams subject to the provisions of the code, concerning places of deposit, sale and shipment.

Rates of toll and bocmage.

Lien for toll and boomage.

Unclaimed tim

ber in bcoms may be sold after notice.

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 unnecessary delay free of toll or boomage charges. The said corporation 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

and pay the tolls thereon, within ten days, it shall be lawful for the corporation, after advertising the same for two 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 shall be entitled to receive the proceeds thereof, after de- How proceeds ducting the taxes, expenses, tools and necessary charges, but if not claimed within said six months, the proceeds shall inure to, and be vested in said corporation for its own

use.

7. That if any person or persons shall willfully and maliciously injure or destroy any of said booms, piers, or other works connected therewith, or shall remove, alter or 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 willful trespass.

disposed of.

Penalty for in

juring comdefacing marks

pany's works or

on logs.

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.

carried away by

rents.

9. That should any boards, logs, or other timber belong- Penalty for eoning 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 curthe 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

pany for dam

tion of this act. The corporation shall not be liable for Liability of com any loss or damage that may be caused by fire, or flood, or ages. by the unlawful acts of any person or persons not in their employ.

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

words "logs"

Meaning of the they shall be taken to mean logs and timber of every kind and "timber." and description, manufactured or unmanufactured.

Act amendable

but not to impair vested rights.

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.

Corporate limits

Municipal anthorities.

Election.

Recorder and treasurer appointed.

Common council

Bond of sergeant, and treasurer.

CHAPTER LXV.

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