Chap. 380.—An ACT to incorporate the Old Dominion Boom and Log
company.

Approved March 2, 1888.

1. Beit enacted by the general assembly of Virginia, That
M. M. Rogers, W. S. Phillips, John R. Brown, W. B. Brooks,
G. W. Cornett, George A. Maurice, G. L. Tarr, Samuel H.
Dunkley, and John R. Moore, or such of them as may accept
the provisions of this act, be and are hereby constituted a-
body corporate under the name and style of the Old Dominion
Boom and Log company, and under that name shall have
perpetual succession and a common seal, which they may
alter or amend at pleasure; shall sue and be sued, implead
and be impleaded, contract and be contracted with, and have
and exercise all the powers and privileges of a corporation
granted by the general laws of the commonwealth not incon-
sistent with the terms of this act.

2. The capital stock of said company shall not be less than
five thousand dollars, which may be increased to two hun-
dred thousand dollars in shares of one hundred dollars each,
and the directors may receive real or personal properties, or
services, in payment for subscriptions, at such valuation as
may be agreed upon.

3. The said company is authorized and empowered to pur-
chase, hold, own, lease, and control in any manner, grant,
bargain, sell, mortgage, convey, and otherwise dispose of any
real or personal estate, not to exceed twenty thousand acres
in any one county, in this state or elsewhere; and to lay out
said lands or any part thereof into parcels or lots of conve-
nient size, with intervening roads, lanes, streets, and alleys,
and develop, work, improve, and cultivate, or otherwise use
or dispose of the same in such manner and upon such terms
as the said company may think proper; and the said com-
pany may erect and maintain booms upon or across the Dan,
Big Reed Island, and Little Reed Island rivers, or upon any
of the tributaries to them, at such point or points within the
state of Virginia as the directors of said company may deter-
mine, for the purpose of stopping and securing logs or other

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lumber and timber floating upon said rivers or the tributaries |
thereto, and may erect piers and side or branch booms, and
such other structures and appliances as the company may
-deem necessary for the proper prosecution of its business.
And the said company having erected a boom or booms at
any point or points on the above mentioned streams, shall
thereafter keep the said boom or booms open and in good
order to receive any and all logs and other timber and lum-
ber floating down said rivers or their tributaries: provided,
that after the erection of a boom upon any of the said streams,
every person running, driving, or placing logs in the stream
or any of its tributaries, above the point where the said boom
is located, shall affix a distinguishing brand or mark upon all
and every one of the logs or pieces of timber placed in said
stream, which brand or mark shall be described and recorded
in the clerk’s office of the county wherein the said boom shall
be situated; and like descriptions of each person’s brand or
mark shall also be furnished to the said company. The said
company shall be entitled to receive as compensation for
catching, securing, and holding said logs, lumber, and other
timber, a sum, in the discretion of the company, not exceed-
ing two dollars per thousand feet, board measure, which toll
or boomage shall be due and payable within thirty days from
the time the logs or other lumber is received in any of the
said company’s booms; and the said company shall have a
lien on each brand or mark of logs or other lumber received
within any of its booms for the toll or boomage aforesaid ;
and if the said toll or boomage shall remain unpaid for over
thirty days after the said brand or mark of logs shall have
been received in the boom or booms of the said company,
then the said company shall advertise the said brands or
marks of logs or other lumber for two weeks in a newspaper
published in the county where the boom is situated, setting
forth the kind and amount of each brand or mark of logs or
other lumber, together with the time and place where the
said brands or marks of logs or other lumber shall be sold at
public auction; and from the proceeds, after paying the ex-
enses of advertising and conducting the sale, and the toll or
oomage, and all other lawful or proper charges, the residue,
if any remains, shall be paid to the owner or owners of the
brands or marks sold. +
4, The company is hereby authorized and empowered to
drive all logs and other lumber that may be in any of the
streams above mentioned, upon which the company may have
executed, and is at the time maintaining a boom or booms,
down to and secure the same in the said boom or booms.
For doing such driving, and for delivering and securing said
logs or other lumber as aforesaid, the company shall be en-
titled to an amount not exceeding one dollar per thousand
feet, board measure, in addition to the tolls or boomage here-
inbefore mentioned: provided, that the company shall have
no authority to take possession of any raft properly secured,
or upon which there are men in charge, except upon the re-
quest of the, partig io chsitge of the same. Original from
5. For the purpose of carrying out the above provisions,
the said company shall have the power, right, and authority
to clean out the channel of the said streams, and to remove
all rocks or trees or other obstructions which may exist in
the said streams, or upon any island in said streams, or upon
the banks thereof; and for the purpose of improving the navi-
gation of the said streams, it may build dams: provided they
shall not interfere with the free passage of fish; make and
construct canals or cut-offs, and do whatever may be neces-
sary to accomplish the said purpose.

6. And for the purpose of carrying out the provisions of
this act and for erecting the said booms, appliances, and other
necessary structures, the said company or any of its servants
or agents, shall have the right to enter upon any lands along
side or adjacent to the said streams, or for the purpose of re-
moving any logs or timber which may have been floated
thereon by high water or advance currents: provided, that
this section shall not be construed as exempting this company
from liability for damage therefrom. And the said company
shall have the right to acquire such tracts of land, not exceed-
ing five acres in any one parcel, as the company may deem
necessary for the transaction of its business; and if the com-
pany and owner or owners thereof cannot agree as to the
compensation to be paid for the said tracts or parcels of land,
the matter shall be settled as is provided in chapter fifty-six,
Code of Virginia, eighteen hundred and seventy-three; and for
the purpose of building piers, dams, and other structures, the
company shall have the right to take earth, rock, timber, or
other materials as is provided in chapter fifty-six, Code of
eighteen hundred and seventy-three, section twenty-eight,
with reference to internal improvement companies.

7. The said company is authorized and empowered to mine
and quarry coal, iron ore, marble, and other mineral substances,
and to prepare and manufacture the same for use and sale in
all manner of forms it may adopt; and to manufacture and
prepare for market and sale all other raw materials, mineral,
or vegatable; and for this purpose may erect and operate all
kinds of furnaces, mills, coke ovens, works, and machinery
necessary for the enjoyment of the privileges herein granted
to the fullest and most ample extent.

8. The above named corporators,or as many as may accept
the provisions of this act, may act as commissioners to re-
ceive subscriptions to the capital stock of said company from
individuals or from other corporations or associations, and
whenever five thousand dollars shall have been subscribed,
and twenty per centum thereon paid in, the subscribers may,
at the callof said commissioners, meet in person or by proxy,
somewhere in this state, and elect seven directors. Hach
stockholder shall be entitled to cast one vote in every meet-
ing tor each share of stock held.

9. The board of directors shall select a president and ap-
point a secretary and treasurer; and the board shall have
power to manage and control the affairs of the company, and

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to adopt such by-laws and regulations as may be enacted by
the stockholders; and the time, place, and manner of holding
meetings of the stockholders, the declaration of dividends,
and the mode of conducting the business of the company shall
be fixed by the by-laws.

10. If any person or persons shall wilfully and maliciously,
and to the injury of the said company, cut, break, damage,
throw, or destroy any of the company’s booms or works
erected or made under the authority of this act, or shall re-
move, deface, or alter the brands or marks upon any logs or
other lumber in or upon the banks of the aforesaid rivers or
their tributaries, such person or persons shall be guilty of a
misdemeanor, and shall be punished by a fine not exceeding
one hundred dollars, and be confined in the county jail not
exceeding one year.

11. The said corporation shall not be liable for the loss of
any logs or other lumber which may pass out of or by said
boom or booms, or escape therefrom, unless such loss is occa-
sioned by their neglect or default, or the neglect or default
of their agents or servants: provided always, that said cor-
poration, their agents or servants, shall be bound to use all

ue diligence to follow and secure all such and other lumber
which may pass out of, by, or escape from said boom or
booms. ,

12. The said company shall have the right to build tram-
ways or railroads to connect their booms, lands, manufac-
tories, or other works with the nearest railroad.

13. This act sball be in force from its passage.