Chap. 204.—An ACT to Amend and Re-enact the Second Section of an
Act Entitled an Act to Regulate the Taking of Fish for the Purpose of
Manufacturing Oil or Manure, Approved March 23d, 1871.

Approved March 15, 1872.

1. Be it enacted by the general assembly, That the second
section of an act entitled an act to regulate the taking of fish
for the purpose of manufacturing oil or manure, approved
March twenty-third, eighteen hundred and seventy-one, be
amended and re-enacted so as to read as follows:

§ 2. All citizens of Virginia engaged in taking or catching
fish for the purpose of manufacturing oil or manure, are hereby
prohibited from taking or catching fish within two miles of the
mouth of any river or creek of this state; and are hereby per-
mitted to take or catch fish for said purpose only in the Chesa-
peake bay: provided, they do not take fish for said purpose
within two miles of the shore of said bay: provided, further,
that this section shall not apply to the citizens of the county
of Accomack, so as to debar them the privilege of taking or
catching with seins or purse nets, the fish known as alewives,
im the creeks or waters of the said county of Accomack, for the
purpose of conversion into manure.

2. This act shall be in force from its passage.
Chap. 204.—An ACT to Amend and Re-enact an Act Passel February
“Ist, 1867, for the Improvement and Navigation of New River, &c.

In force March 22, 1872.

1. Be it enacted by the general assembly, That an act enti-
tled an act for the construction of a railroad, or the improve-
ment and navigation of New river, from a point near central
depot, to the mouth of Greenbrier river, passed February
twenty-first, eighteen hundred and sixty-seven, be amended and
re-enacted so as to read as follows:

“<1. The name and style of said company shall hereafter be
known as the ‘New River Steamboat Company,’ and as such, is
constituted a body politic and corporate; shall have perpetual
succession, & conunon seal which it may alter, renew or dispense
with at its pleasure; and may sue and be sued, plead and be
impleaded, contract and be contracted with, hold and grant
estates, real aud personal, and make ordinances, by-laws, regu-
lations; arrange its tolls and passenger fare, consistent with
the laws of the state, for the government of all under its
authority, the management of its estates and the due and
orderly conduct of its affairs.

“$2. The capital stock of said company shall not exceed five
hundred thousand dollars in shares of tw enty-five dollars in
money, lands or services rendered to said company under the
direction of the board of directors, to be ratified by the stock-
holders in general meeting: but the board of dire etors may, at
any time, proceed to increase the capital stock to its maximum,
under rules to be prescribed by said board.

“3 3. The said company may hold Jands not execeding ten
thousand acr es, and shall have the privilege of using any water
power (not at present in use) so far as the same may be neces-

sary for the purpose of this act, and to condemn as much as
two acres of land and necessary material for depots, mills, lock-
houses, &c., in any place, and have access to the same. In the
event of any disagreement, either party may apply to the
county judge or circuit judge of the county, either in term
time or vacation, in which the greater portion of land or mate-
rials may lie, for the appointment of five disinterested commis-
sioners to assess the damages, and the decision of such com-
missioners shall be final. All claims for damages shall be made
within thirty days from the action causing it, and in all contro-
versies the cost shall be paid by the defeated party..

“$4. The said company may proceed at any time to do
whatever may be necessary to effect the improvement of said
river for steamboat, batteau or other navigation, from the lead
‘mines in Wythe county to the state line of West Virginia, and
to the most eligible connecting point with the Chesapeake and
‘Ohio railroad as the state of West Virginia may permit; and
may continue, as the funds allow; and in consideration of such
improvement, the said company shall have exclusive use of said
river, and upon the completion of five miles of said improve-
ment, the board of directors shall have the power of regula-
ting and collecting tolls upon that part of the river herein

ted.

““$ 5. The officers of the company shall consist of William
Eggleston, president; Samuel E. Leybrook, Joseph H. Hoge,
Henley C. French, John Chapman Snidow, Stockton Heth, J.
Tyler Hoge and Philip W. Strother, directors; George W.
Easley, secretary: and treasurer; and Charles Newburgh, chief
engineer, to continue as such until their successors shall be
elected at the next general meeting of stockholders, at which
time the stockholders may elect as many officers as they may
deem proper, and prescribe their duties, compensation and term
of service; but should a vacancy occur in the board of direc-
tors, or other officers of the company, then the said board shall
fill such vacancy until the next general meeting of stock-
holders. .

“s 6. A majority of the board of directors shall constitute a
quorum, and a majority of the stockholders shall constitute a
quorum in a meeting of said stockholders, in which each stock-
holder may, in person or by proxy, give the following vote on
whatever stock he may hold and have paid for, to wit: one vote
for each share of stock, not exceeding five, and one vote for
every five shares, not exceeding twenty, and one vote for every
twenty shares thereafter: provided, that should the county of
Giles subscribe five thousand dollars or more, the said county
shall have no voice in the election of president or directors,
but the supervisors may appoint one of the directors of said
company, unless otherwise agreed upon by said company and
supervisors.

“< 7. All acts and contracts of the board of directors of tlie
New River Improvement Company, and all subscriptions to the
aforesaid company, under the act passed February twenty-first,
eighteen hundred and sixty-seven, shall be considered and are
hereby declared legal and valid under and by this act: provided,
that where parties have expended money and labor in the
improvement of New river under the former charters or other-
wise, such parties shall receive stock in the New river steam-
boat company at the rate of one share for each and every
twenty-five dollars of money or labor expended by such parties.

“8 8. In any increase of stock, the original subscribers to,
and stockholders in said New River Improvement Company,
their representatives or assigns, shall have the privilege of the
increase in the proportion of their original subscriptions.

“$9. The said company shall have power to borrow money
at twelve per cent. and issue bonds for the same, and to pledge
by deed of trust, mortgage, assignment or otherwise, all of its
nghts, property and franchises for the repayment of the same;
and it shall be lawful for any railroad or other internal improve-
ment company to subscribe to the stock of said company and
to endorse and guarantee the bonds of the same.

“310. All joint stock, property, effects and franchises of said
company shall be answerable for all contracts made by and for
said company, and for all just claims against the same; and the
stockholders shall be in no wise answerable or liable therefor
in their individual capacity or private estates.

“S11. Chapters fifty-six, fifty-seven and sixty-two of the
Code of eighteen hundred and sixty, and the general laws of
Virginia, umposed on bodies politic and corporate, as are not
inconsistent with this act, shall be applicable to and govern the
New river steamboat company, and all other acts in regard to
the improvement of said New river are hereby repealed.

“312. This act shall be in force from its passage.”