Chap. 594.—An ACT toincorporate the Southwest Virginia boom
and log company.

Approved March 4, 1890.

1. Be it enacted by the general assembly of Virginia,
That H.C. Stuart, D. C. Stuart, B. J. Wysor, H. A. Ruth,
John D. Daley, and F. H. Hubard, or suchof them as may
accept the provisions of this act, their associates and suc-
cessors, be, and they are hereby, incorporated and made a
body politic and corporate under the name and style of

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the Southwest Virginia boom and log company, and by
that name shall be known in Jaw, and shall have perpetual
succession, and have power to eue and be sued, plead and
be impleaded, defend and be defended in courts whether in
law or equity; and they may make and have a common
seal and they may alter or renew the same at pleasure: and
shall have, enjoy and exercise all rights, powers and privi-
leges pertaining to corporate bodies and necessary for the
purposes of this act; and may make by-laws, rules and
regulations consistent with existing Jaws of the state for
the government of all under its authority. the manage-
ment of its properties and the due and orderly conduct of
its affairs.

2. The capital stock of said company shall not be leas
than five hundred dollars, nor more than ten thousand dol-
lars, as may be determined bv the stockholders at any gen-
eral meeting, and shall be divided into shares of one hun-
dred dollars each; and the directors may receive real or
personal properties or services in payment for subscrip-
tions to the capital stock at such value as may be agreed
upon between the directors and the subscribers.

3. The said company is authorized and empowered to
purchase, hold, own, lease, and control in any manner.
grant, bargain, sell, mortgage, convey, and otherwise dis-
pose of real and personal estate in this state or elsewhere ;
and the eaid company is authorized and empowered to lay
out said lands, or any part thereof, into parcels or lots of con-
venient size, with roads, lanes, streets, and allevs, and de-
velop, work, improve, and cultivate or otherwise use or
dispose of same in such manner and upon such terms as
the company may think proper, and the said company
may erect and maintain booms upon or across the Clinch
river, Russell fork of Big Sandy, Levasa fork of Big
Sandy, Tug fork of Big Sandy river, and their tributaries.
at such point or points within the state of Virginia as the
directors of said company may determine, for the purpose
of stopping and securing logs, and other lumber and tim-
ber 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 neces-
sary 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 or lumber float-
ing down the said rivers: 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 the like description
of each person’s brand or mark shall also be furnished to
the said company. The said company shall be entitled to
receive for compensation for catching, securing, and hold-
ing said logs, lumber, and other timber, a sum, in the dis-
cretion of the company, not exceeding 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 timber is received in any of the said com-
pany’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 toll or boomage aforesaid, and
if the said toll or boomage shal] 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 news-
paper 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 expenses of advertising and conducting
the sale and the toll or boomage and all other lawful and
proper charges, the residue, if any remains, shal! be paid
to the owners of the brands or marks sold.

4. The company is hereby authorized and empowered to
drive al! logs and other lumber that may be in any of the
streams abovd mentioned upon which the company may
have erected 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 such logs or other lumber as aforesaid, the com-
pany shall be entitled to an amount not exceeding one
dollar per thousand feet, board measure, in addition to
the toll or boomage hereinbefore mentioned: provided,
that the company shall have no authority to take posses-
sion of any raft properly secured, or upon which there are
men or a man in charge, except upon the request of the
parties in charge of the same.

5. For the purpose of carrying out the above provisions
the said company shall have the right, power, and au-
thority to clean out the channel of 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 navigation of said streams, it may build
dams, make and construct canals or cut-offs, and do what-
ever may be necessary to accomplish the said purpose.
6. And for the purpose of carrying out the provisions
of this section and for the erecting of the said boom, ap-
pliances, and other necessary structures, the said company,
or any of its servants or agents, shall have the right to
enter upon any lands alongside or adjacent to the said
streams, or for the purpose of removing any logs or tim-
ber which may have been floated thereon by high water or
adverse currents. And the said company shall have the
right to acquire such tracts of land, not exceeding five
acres in any one parcel, as the company may deem neces-
sary 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 said tracts or parcels of land,
the matter shall be settled as is provided in chapter fifty-
gix, 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 material as is provided in chapter
fifty-six, code of eighteen hundred and seventy-three,
section twenty-eight, with reference to internal improve-
ment companies. |

7. The said company is authorized and empowered to
mine and quarry coal, iron, or 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 vegetable; and for this purpose
may erect and operate all kinds of furnaces, mills, manu-
factories, coke-ovens, works, and machinery necessary for
the enjoyment of the privileges herein granted to the
fullest and most ample extent. '

8. The five persons first named in this act shall consti-
tute the first board of directors of the said company, and.
they shall continue in office until the first meeting of the
stockholders thereof. Each stockholder of the company
shall, at all meetings and elections, be entitled to one vote
for each share of stock registered in his name.

9. If any person or persons, shall, wilfully and mali-
ciously, and to the injury of the said company, cut, break,
damage, throw down, or destroy any of the company’s booms
or works erected or made under the authority of this act, or
shall remove or deface or alter the brands upon the 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, if the loss or injury sustained by
such act does not exceed one hundred dollars, and shall be
punished by a fine not exceeding one hundred dollars, and
be confined in the county jail not exceeding one year; but
when the loss or injury caused by such act shall exceed
one hundred dollars, if the person so offending shall be
guilty of a felony and punished by confinement in the peni-
tentiary not less than one nor more than ‘five years.

10. The board of directors may establish offices and
agencies at such places as they may deem proper, but the
annual meetings shali be! held and the principal office
shall be located in the state of Virginia.

11. No stockholder shall ever be liable or made respon-
sible for its debts or liabilities in a larger or further sum
than the amount of any unpaid balance due to the said
company for stock subscribed for by the said stockholder:
provided, that nothing herein contained shall be so con-
strued ss to authorize the company in any way to inter-
fere with the free navigation of the said rivers by flat-
boats or other crafts.

12.. The charter hereinbefore granted, except as to mat-
ters herein specially provided for, is hereby declared to
be subject to the provisions of the general law in regard
to chartered companies and corporations, as expressed in
the code of Virginia, edition of eighteen hundred and
seventy-three, chapters fifty-six, fifty-seven, fifty-eight,
fifty-nine, and sixty-one.

13. Whenever said corporation shall] exercise any of the
privileges conferred by this act, it shall be liable to the
same taxes as may be imposed by law upon other like cor-
porations; and it is further provided that the said taxes
shall be paid in lawful money of the United States and
not in coupons.

14. The said corporation shall not be liable for the loss
of any log or other lumber which may pass out or by
said boom or booms or escape therefrom, unless such loss
is occasioned by their negligence or default, or by the
neglect or default of its agents or servants: provided,
always that said corporation, their agents or servants shall
be bound to use all due diligence to follow and secure all
such logs and other lumber which may pass out or by or
escape from said boom or booms.

15. This act shall be in force from its passage.

CHuapP. 595.—An ACT to incorporate the town of East Big-Stone
Gap, in Wise county, Virginia.

Approved March 5, 1890.

1. Be it enacted by the general assembly of Virginia,
That the settlement of East Big-Stone Gap, in Powell’s val-
ley, in Wise county, as the same shal] be laid off into lots,
squares, streets, and alleys shall be, and the same is hereby,
made a town corporate by the name of East Big-Stone
Gap, and by that name shall have and exercise all the
powers conferred on towns of less than five thousand in
habitants by the code of Virginiaof eighteen hundred anc
eighty-seven, and be subject to all the provisions of sai
code and to all laws now in force or which may hereafte
be enacted in reference to gdvernment of towns of les
than five thousand inhabitants, so far as the same are no
inconsistent with the provisions of this act.

2. The limits of said town shall be as follows: Begin
ning at the middle of the south fork of Powell’s river, «
corner, to the corporate limits of the town of Big-Stone
Gap; thence south forty degrees west seventeen hundrec
feet to a stake; thence south twenty-four degrees, eas'
five hundred and thirty-one feet to a stake; thence soutt
fifty-six and one-half degrees, west fourteen hundred feet
to a stake; thence north sixty-four and one-half degrees
west nine hundred and twenty feet to the corner of Wil.
liam H. Wampler’s land; thence south forty-five degrees.
east to the middle cliff of Powell’s mountain, and with the
meanders of said cliff to the middle of the south fork ot
Powell’s river; thence due north to the top of Butcher’s
ridge, and with the top of the same to the corner of the
land of the Big-Stone Gap improvement company, and with
lines thereof to the beginning point.

3. The officers of said town shall consist of a mayor.
four trustees, recorder, and sergeant, and assistants of said
recorder and sergeant. The mayor and trustees shall com-
pose the town council.

4. Until an election is held, as hereinafter provided for,
I. N. Blanton shal] be mayor; William Wolfe, J. N. Jones,
A. H. Wells, and Peter I. Wolfe shall be trustees of said
town, and shall hold office until their successors are duly
elected and qualified.

5. Should any of the officers hereby appointed refuse or
fail to accept and qualify within two months after the
passage of this act, then it shall be the duty of the county
judge of Wise county to fill such vacancy by appoint-
ment, made either in term time or vacation. After the
positions of mayor and trustees shall have been filled, as
herein provided for, should any vacancy occur therein, it
shall be the duty of the remaining members of the town
council to fill such vacancy or vacancies.

6. The recorder of said town shall be elected by the
town council.

7. The recorder shall keep in a well-bound book, to be
provided for the purpose by the town council, an accurate
record of the proceedings of the council, its by-laws, acts,
and ordinances, which record shall be open at all times to
the inspection of any voter of the town, and the recorder
shall be ex-officio treasurer of said town; he shall give
bond, with good security, in such sum as the council shall
fix; his duties and compensation shall be prescribed by
the council, and the council may elect such other officers
as they may deem proper, and define their duties, powers,
and compensation. The council shall prescribe the terms
of office of all officers appointed by it.

8. The sergeant of said town shall be appointed by the
mayor, to hold at his pleasure. Such assistants of the
sergeant as the council shall deem necessary shall also be
appointed by the mayor, to hold at his pleasure. The ser-
geant and his assistant shall be conservators of the peace
and invested with the full powers of constable within the
town limits and for one mile beyond. The sergeant shall
collect the town taxes, and may distrain and sell therefor
in like manner as state taxes are enforced and collected,
and shall perform such other duties and receive such com-
pensation as the council may prescribe.

9. The election for mayor and trustees provided for by
this act shall be held on the fourth Thursday in June,
eighteen hundred and ninety, and on the same day in each
year thereafter. And the judge of the county court of
Wise county, either in term time or vacation, shall, not
less than twenty days before any election under this char-
ter, appoint a registrar and three judges of election, who
may also act as commissioners of election. The registrar
shall, in the manner prescribed by law, make and revise
lists of all persons qualified to vote, and who shall reside
within the corporate limits of said town.

10. That for the purpose of carrying into effect the
police regulations of said town, the said town shall be
allowed the use of the Wise county jail for the safe-keep-
ing and confinement of all persons who shall be sentenced
to imprisonment under the ordinances of said town. And
when any judgment shall be rendered against a person for
any fine or penalty under any ordinance of said town, and
the same be not immediately paid, the person or persons
so in default may be required by the order of the court
passing sentence to work out such fines or penalties on the
public streets or other public improvements, at fifty cents
per day, under the direction of the sergeant, and under
such rules and regulations as may be deemed proper by
the council.

11. The supervision and control of streets, roads, high-
ways, and alleys, shall be vested in the town council of
said town, and the power to change county roads so that
they shall conform to the streets of said town, as they
shall be laid off, shall also be vested in said council.

12. This act shall be in force from its passage.
CHapP. 596.—An ACT to incorporate the Lynchburg and South-
west Virginia development company.

Approved March 6, 1890.

1. Be it enacted by the general assembly of Virginia,
That Honorable John W. Daniel, of Lynchburg, Virginia;
Major J. D. Patton, Charles E. Belvin, A. Monteiro, M. D.,
LeRoy E. Brown, N. T. Pate, of Richmond, Virginia;
Honorable E. L. Roberts, of Smyth county, Virginia;
Honorable E. S. Kendrick, of Bristol, Tennessee; W. C.
Craig, of Augusta county, Virginia; J. F. Slaughter, J. H.
Bartlett, T. D. Evans, A. B. Barker, C. K. Moorman, W.
H. Wren, of Lynchburg, Virginia, and their associates
and successors, be, and they are hereby, constituted and
made a body corporate and politic by the name and style
of the “Lynchburg and Southwest Virginia development
company,” and by that name and style shall have all the
rights, powers, and privileges conferred by and be subject
to all the provisions of chapters forty-six, forty-seven, and
fifty-one of the Virginia code of eighteen hundred and
eighty-seven, so far as the same may be applicable to and
not inconsistent with this act: and provided, however,
that the corporate powers hereby granted shall not cease
or be in any way impaired by reason of anything con-
tained in section eleven hundred and forty-one or section
eleven hundred and forty-three of chapter forty-seven of
the code of Virginia of eighteen hundred and eighty-seven.
- 2. The capital stock of said company shall not be less
than one hundred thousand dollars, nor more than one
million dollars, and shall be divided into shares of ten
dollars each.

3. The board of directors of said company may from
time to time increase the capital stock until the said maxi-
mum is reached, and for that purpose may issue shares of
stock and sell the same at such price as may be fixed or
agreed to by them; and may, in their discretion, receive
pay for such shares in property or money, or may issue
shares of stock from time to time to represent enhanced
values of its property.

4. The annual meeting of the stockholders of the said
company shall be held in the city of Richmond, on the
second Monday in March in each year, or at such other
time or place as the stockholders in general meeting may
appoint; and in all meetings of stockholders one vote may
be cast, in person or by proxy, for each share of stock by
the holder thereof.

5. The board of directors shall consist of five members,
who shall, from their number, choose a president; but the
stockholders, at any general meeting, shall have the power
to increase the number of directors.
6. Until the first general meeting of the stockholders,
to be held in the city of Richmond on the second Monday
in July, eighteen hundred and ninety, the said stockhold-
ers shall elect certain directors, with power to choose from
their number a president, and to discharge all the duties
of directors, including the collection, through such officers
as they may appoint, of the said minimum amount of
capital stock, in money or in property, at agreed prices.

7. The said company shall keep its principal office in
the city of Richmond, or at such other place in the state
of Virginia as may at any time be fixed by the stockhold-
ers in general meeting, and shall have the right and power
to engage in any agricultural], mining, commercial, trad-
ing, manufacturing, or carrying business; may buy, sell,
and discount paper, and borrow or lend money on mort-
gage or other security; may buy, sell, lease, improve,
develop, work, or manage mineral or other properties;
may purchase, hold, grant, mortgage, or otherwise dispose
of real or personal property in this state or elsewhere:
provided, that not more than twenty thousand acres of
land be at any one time owned in any one county of Vir-
ginia; may contract for, construct, operate, and maintain
works of public or private improvement, tramroads or
other roads; may connect with railroads the different
works or properties which it may own or acquire with each
other, and also with the lines of other railroads now or
hereafter constructed in the state, such connecting roads
to be constructed, operated, and maintained in all respects
pursuant to the laws of the state in reference to works of
internal improvement: provided, however, that no rail-
road in this state of greater length than twenty miles shall
be constructed without a special act authorizing it.

8. Any other corporation may hold shares of stock in
said company hereby incorporated, and the said company
may, in like manner, hold shares of stock in any other
company or corporation in all respects as a natural per-
son.

9. All taxes and debts which may become due from said
company to the state shall be paid in lawful money and
not in coupons.

10. This act shall be in force from its passage.