CJnrnpU Ham ^rlynnl 2Itbtaty 
 
'^''llSmmAlSXlll}>o" laws Of w 
 
The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/cletails/cu31924024711131 
 
CO/nPlLATION 
 
 OP THK 
 
 CORPORATION LAWS 
 
 WEST VIRGINIA. 
 
 Enibriiohiu: the full toxi of the 
 
 Statutes of the State Relating to the Formation and 
 
 Regulation of All Classes of Corporations 
 
 and Joint Stock Companies. 
 
 In Force Jan.uary 1, 1384. 
 
 Wm. B. CHILTON, 
 
 Secretary of State. 
 
 CHARLKSTON: 
 
 MOSEM \\ . DO»NALI,T, PUBLIC PBIXTEK. 
 
 1364 
 
^^2ftr> 
 
CORPORATIONS GENERALLY. 
 
 G-eriefal Po"w;ers of Cor'poi'atioris, 
 
 Every corporation, as such, shall have succession by its corporate 
 name for the time limited in its' charter or by law;, and if no time 
 be limited , perpetually. It shall have a common seal, and may' 
 renew or alter the same at pleasure. It may sue and be sued, plead 
 and be impleaded, contract and be contracted with by simple con- 
 tract or specialty; purchase, hold, use and grant estate, real and 
 personal; appoint officers and agents; prescribe their powers, duties, 
 and liabilities; take bond and security from any of them, and fix 
 and pay their compensation; and make ordinances, by-laws and 
 regulations for the government of its council, board, officeis and 
 agents, and the management and regulation of its property and 
 business. [Code 1887, ch. 62, § 1.] 
 
 Restrictioris 6r\ Corporate Po^iiers, 
 
 The powers mentioned in the preceding seetion or otherwise 
 granted to any corporation, shall be limited by the purposes for 
 which it is incorporated, and no corporation shall engage in trans- 
 actions or business not proper for those purposes ; nor shall corpor- 
 ate powers be exercised in violation of any law of the State. [Code 
 1887, ch. 52, S 2 ] 
 
 Carmot Piirctiase Real Estate to Resell it, or Biiy tlc\e StocKs 
 arid Borids of OtY\eY Corp.oratioris, 
 
 Unless specially authorized, no corporation shall purchase real 
 estate in order to' sell the same for profit, or hold more real estate 
 than is proper for the purposes for which it is incorporated ; sub- 
 scribe for or purchase the stock, bonds or securities of any joint 
 stock company, or become surety or guarantor for the debt or de- 
 fault of such company. [Code 1887, ch. 52, § 3.] 
 
But Certain Corporatioris May Lay Out Towns and TaXe 
 Real Estate, StocKs and Bonds in Payrrient of Debt. 
 
 Nevertheless, a mining, manufacturing, oil, salt or internal im- 
 prevement company may lay out a town not to include more than 
 six hundred and forty acres, at or near their works, and sell lots 
 therein; and any corporation may take real estate, stock, bonds and 
 securities in payment, in whole or in part, of any debt bona fide 
 owing to it, or as a security therefor, or may purchase the same if 
 deemed necessary to secure or obtain payment of any such debt, in 
 whole or in part, and may manage, use and dispose of what has been 
 so taken or purchased as a natural person might do, and any cor- 
 poration may compromise or purchase its own debt, and establish 
 and manage a sinking fund for that purpose; and any manufactur- 
 ing company may with the assent of the holders of two-thirds of its 
 stock, had by a vote at a stockholders' meeting, subscribe for or 
 purchase the stock, bonds or securities of any corporation formed 
 for the purpose of manufacturing ,or producing any articles or ma- 
 terials used in the business of such joint stock company, or dealing 
 in any articles or material manufactured or produced by such joint 
 stock company, or constructing a railroad, or other work of internal 
 improvement, through or into the county in which the principal' 
 place of bvisiness of such joint stock company may be, or operating 
 a railroad or other work of internal improvement so constructed, 
 and may, with the like assent, become surety for or guarantee the 
 debts of such corporation, or in any manner aid it in carrying on its 
 business. (Code 1887, ch. 52, S 4.'] 
 
 Wt^en Corporations May Enter Upon Lands. 
 
 Any company incorporated for a work of internal improvement 
 may, by its officers, servants or agents, enter upon lands for the 
 purpose ol' examining the same, and surveying and laying out f<uch 
 as may seem fit to any officer or agent authorized by it, provided no 
 injury be done to the owner or possessor of the land. But no com- 
 pany shall, under the autnoritj of this section, throw open fences 
 or enclosures on any land, or construct its work through the same, 
 01 in any way injure the property of the owner or i>ossess()r, without 
 his consent, or until the same may have been legally apjtropriated 
 to the use of the company, as is provided by the laws of the state 
 of West Virginia relating to the condemnation and appropriation of 
 private property for the use of companies incorporated for internal 
 improvements. But no company under this act shall invade the 
 dwelling house of any person, orany space within sixty feet thereof, 
 without the consent ol the owner, unless it be ab.^olutely necessary 
 for the construction of such road l^y reason of its i)assing through 
 a narrow gorge, defile or narrow sjiaco : Piovht.-d^ That this act 
 shall not apply to any city or incorporated town; <ind pro',<idi'd ftir- 
 Jher, That any company, which may ha.ve heretofore actually com- 
 menced the location of its road, may invade any space twenty feet 
 
from the dwelling house of any parson, or invade a nearer space, or 
 such house, when by the reason of the location of such road in or 
 through a narrow gorge, defile or narrow space, or along or near to 
 any stream, river or bluff, such invasion is necessary for the con- 
 struction of such road. [Code 1887, ch. 52, § 5 ] 
 
 Ho'W iVLUcli Larid Corporatioris May HcqUire, 
 
 The land acquired by any company incorporated for a work of 
 internal improvement along its line generally, shall not exceed one 
 hundred I'eet in width, except in deep cuts and fillings, and then 
 only so much more shall be acquired as may be reasonably neces- 
 sary therefor. The land which it may acquire for buildings or for an 
 abutment along its line generally shall not exceed three acres in 
 any one parcel; and the land which it may acquire for buildings or 
 other purposes of the company at the principal termini of its work, 
 or at any place or places within five miles of such termini, shall 
 not exceed fifteen acres in any one parcel ; but in the case of a rail- 
 road company, an amount of land not exceeding forty acres in anj' 
 one parcel may be acquired for its main depots, machine shops and 
 other necessary purposes connected with the business of said com- 
 pany. [Code 1887, ch. 52, S 6 .] 
 
 Proceedirigs of a Conqpariy to TaKe Larid WitlioUt tl^e Own- 
 ers Coriserit, 
 
 If the president and directors of a company, incorporated for a 
 work of internal improvement, cannot agree on the terms of pur- 
 chase with those entitled to lands wanted for the purpose Of the 
 company, five disinterested freeholders shall be appointed by the 
 circuit court of the county, in which such land; or the greater part 
 thereof shall lie, (three of whom may act) for the purpose ot ascer- 
 taining a just compensation for such land. Lands owned by one 
 internal improvement company, but not necessary for the enjoy- 
 ment of its franchise, may be taken for the purpose of another in- 
 ternal improvement company, in the same manner as land owned 
 by others; but where such lands are claimed to be necessary to the 
 enjoyment of such franchise, the court appointing such freeholders 
 may, before proceeding further, determine upon a report of such 
 freeholders, or otherwise, whether such necessity exists. [Code 
 1887, ch. 52, S 7.] 
 
 Notice of flpplicatiori for slIc1| Hppoiritirierit. 
 
 When it is intended to apply for such appointment, notice shall 
 be given and commissioners appointed, and the proceedings thereon 
 shall be the like in all respects as are prescribed by chapter forty- 
 two of this act. [Code 1887, ch. 52, S 8.] 
 
6 
 
 Corqpariy to Provide Wagori Ways, 
 
 For every person, through whose liind.the road or canal of a 
 company passes, it shall provide wagon ways across the road or can- 
 al from one part of the said land to the other, and keep such ways 
 in good repair. [Code 18s7, ch. 52, S ■'.] 
 
 Corr[pariy Not to Occupy Streets in a Town Witl^out Its 
 
 fisserit, 
 
 No company shall occupy, with its works, the streets of the in- 
 habited part of any city, town or village, until the corporate au- 
 thority thereof shall have assented to such occupation, unless such 
 assent be dispensed with by special provision of law. [Code 1887, 
 ch. b-l, S 10.] 
 
 How One WorK Kay be Crossed by, Altered to Suit, or Con- 
 nected -^itii' Hnotl^er. 
 
 If any railroad, turnpike or canal company deem it necessary, in 
 the construction of their work, or any branch or siding thereof, to 
 cross any other railroad, turnpike or canal, or any state or county 
 road, at grade or otherwise, it may do so, provided its work be so 
 constructed as not to impede the passage or transportation of per- 
 sons or property along the sanae. If any such company desire that 
 the course of any other railroad, turnpike, canal or state road, or 
 any stream which is not a public highway, should be altered to 
 avoid the necessity of any crossings, or of frequent crossings, or to 
 facilitate the crossing thereof, or the construction of a parallel work, 
 the alteration may be made in such manner as may be agreed be- 
 tween the company desiring such alteration and the other railroad, 
 turnpike or canal company, or the board of public works in the 
 case of a state road, or the owner? of the land to be affected by the 
 alteration of the course of such stream. In case the parties inter- 
 ested fail to agree upon such crossing or alteration as is desired, the 
 company desiring it may bring its suit in equity and in such suit 
 the court may, in a proper case, decree that such or any proper 
 crossing or alterat on may be made upon payment of damages, to 
 be ascertained as provided in ch^lpter forty-two of the code; and the 
 company desiring such crossing or alteration may thereupon pro- 
 ceed under said chapter to obtain the right to make such crossing 
 or alteration. If such crossing or alteration as is allowed by this 
 section shall cause damage to any company, or to the owner of. any 
 lands, the railroad, turnpike or canal company, first mentioned, 
 shall pay such damages. But any county road may be altered by 
 any such company for the purposes aforesaid, whenever it shall 
 have made an equally Convenient road in lieu thereof. [Code 1887, 
 ch. 62, 45II.] 
 
Rigl]t Reserved by Legislatxire. 
 
 The Legislature reserves the right to provide for connecting with 
 one work of internal improvement any other work, at such point as 
 may seem to it proper. [Code 1887, ch. 52, § 12.] 
 
 Connectiori of T-Wo or JVLore Railroads iri Cities, etc. 
 
 In every city, town or village of this state, where two or more rail- 
 roads do now or shall hereafter terminate, and said railroad company 
 or companies shall make application to the corporate authories there- 
 of for permission to connect their roads within the corporate limits 
 of said city, town or village, subject to the municipal regulations 
 thereof, and if the same shall be refused, it shall be lawful in all 
 such cases for said railroad company or companies to make such 
 connection outside of the limits of such city or town by the most 
 direct and practicable route, and to procure the right of way, as 
 provided for in chapter forty-two of this act. [Code 1887, ch. 52, 
 §13.] 
 
 Hovi^ Conqpariy Kay TaKe Materials froii\ Larids. 
 
 A company incorporated for any work of internal improvement 
 may, by its officers, agents or servants, enter upon anj"- convenient 
 lands for the purpose of obtaining therefrom wood, stone, gravel or 
 earth, to be used in constructing such work, or in repairing, en- 
 larging or altering the same. But the company shall not cut down 
 any fruit tree, or any tree preserved in any field or lot for shade or 
 ornament, nor take part of any fence or building, nor take any of 
 the said things from any lot in such town. Before taking any of 
 the said things the company, unless it agree therefor with those 
 having right thereto, shall give to the tenant of the freehold, or his 
 tenant for years, at least ten days' notice in writing, that at a 
 certain time and place, to be specified in this notice, application 
 will be made to a justice to appoint commissioners to ascertain 
 what will be a just compensation for the same. At "such time and 
 place the justice shall appoint three disinterested freeholders as 
 commissioners, who, after being sworn, shall re-view the premises, 
 and report in writing the extent to which wood, stone, gravel or 
 earth is proposed to be taken, the nature of the injury which 
 may be done in cutting, quarrying, digging or carrying away the 
 same, and what will be a just compensation therefor. The notice 
 in writing, certificate of the commissioners having been sworn, and 
 their report, shall be forthwith returned to the circuit court of the 
 county. If upon such report being so returned, either party file 
 exceptions thereto and demand that the question of compensation 
 be tried by a jury, proceedings shall thereafter be had in the case 
 as prescribed in chapter forty-two of the code. But if neither 
 party demand a trial by jury, and good cause be shown against the 
 report, or if^ the^ commissioners cannot agree, or fail to report 
 
within a reasonable time, the court may, as often as it seems 
 proper, appoint other commissioners, who shall act and report in 
 the manner before prescribed. If the report be confirmed, then 
 upon the payment to the person entitled thereto, or into court, of 
 the sum so ascertained, the company may take and carry away the 
 wood, -stone, gravel or earth for which such compensation may 
 have been allowed; and though the report may not be confirmed, 
 yet upon the payment into court of the sum therein mentioned, it 
 may proceed in like manner as if the report had been confirmed 
 and payment made of the sum thereby ascertained. Upon the 
 coming in of a new report, after such payment into court, the 
 court, if it affirm the report, shall render judgment in like man- 
 ner as in cases provided for in chapter forty-two of the code 
 From the time of any such judgment against the company, its 
 right so to cut, quarry, dig, take or carry away, shall be suspended 
 until the said judgment shall be satisfied. [Code 1887, ch. 52, 
 S 14.] 
 
 How CoiTin\tssioriers in Case of PlariK Road Coiripariy Sl^all 
 
 Proceed, 
 
 It shall be the duty of commissioners appointed under the 
 preceding section, at the instance of any company authorized to ■ 
 construct a plank road, if reijuired so to do by the tenant of the 
 freehold, or his tenant for years, to inquire in the first place, 
 whether under all the circnnstances of the case it be reasonable 
 and proper that the company should be allowed to take for its use 
 the limber or othor materials it is proposed to condemn. If the 
 opinion of the commissioners nn this point be adverse to the com- 
 pmy, they shall report the same, with the reasons on which it is 
 lounded, to the circuit court of the county, and unless said report 
 be reversed and annulled, neither ihe commissioners nor the com- 
 pany shall have power to proceed further under the section afore- 
 said If the opinion of the commissioners on such preliminary 
 questions be favorable to the company, and the tenant of the free- 
 hold and his tenant for years, if there be such, acquiesce there- 
 in, they shall proceed to discharge the other duties for which they 
 were appointed. But if there be not such acquiescence, the com- 
 missioners shall report their opinion, with their reasons therefor, to 
 the court aforesaid, and shall not proceed further in the discharge 
 of their duties, .unless their report shall be confirmed. [Code 1.SS7, 
 ch. 52, S 15.] 
 
 Duty of Sl^eriff, 
 
 In any case in which any company may be entitled under this 
 chapter to enter upon any lands, the sheriff or other officer, when- 
 ever required by such company, shall attend and remove force if 
 necessary. [Code 1887, ch 52, § 16.] 
 
9 
 
 Dispositiori of its Property ^]:|eri tl^e Corporation is Dis- 
 solved. 
 
 When any corporation shall expire, or be dissolved, or its corpor- 
 ate rights and privileges shall have ceased, it may wind up its atfairs 
 in the manner prescribed by section fifty-nine of cliapter fifty-three 
 of t':is act. [Code 1887, ch. 52, S 17 ] 
 
 fictions and Process figairist a Corporation. 
 
 In any action brought against a corporation, if it be in the circuit 
 court, process shall be issued as provided in chapter one hundred 
 and twenty-four of this act; or if the action be brought before a jus- 
 tice, process shall be issued as provided in chapter fifty of this act.* 
 [Code J 887, ch, 52, § 18.] 
 
 Service of Httac]:\rnents. 
 
 Attachments may be served upon a company or corporation, as 
 garnishee, in the manner prescribed by the preceding section, and 
 in chapter one hundred and six of this act. [Code 1887, ch. 52, 
 
 sl9.] 
 
 s 
 
 Processes May be Served oq Depot or Station Agent, 
 
 Provided, that when any suit is brought against a railroad com- 
 pany under the two preceding sections, the agent on. whom process 
 may be served shall be construed to include a depot or station agent 
 in the actual employment of the company, residing in the county or 
 township wherein the action is brought. [Code 1887, ch. 52, § 20. J 
 
 Additional Po^w^ers of Corporations. 
 
 In addition to the powers enumerated in this chapter, and those 
 expressly or by necessary implication given by any other law, every 
 corporation shall have such powers, and such only, as are necessary 
 or proper to the exercise of the powers so enumerated or given. 
 [Code 18^7, ch. 52, S 21.] 
 
 Usurious Contracts of a Corporation. 
 
 No corporation shall interpose the defense of usury in any suit or 
 proceeding at law or in chancery; nor shall any bond, note, debt or 
 contract of a corporation be set aside, impaired, or adjudged in- 
 valid, by reason of any thing contained in the laws prohibiting usury. 
 fCode 1887, ch. 52, ^ 2'i!.] 
 
 *\'ide, Acts IHSr, oh. 8. 
 
10 
 
 Existing Corporatioris Retairi tir^eii" Privileges arid Lia- 
 bilities. 
 
 Corporations now existing shall continue to exercise and enjoy 
 their powers and privileges according to their respective charters 
 and the laws now in force, and shall continue subject to all the lia- 
 bilities to which they are now subject, except so far as. such powers, 
 privileges and liabilities are modified or controlled by this act. 
 [Code 1887, ch. 62, S 23.]' 
 
 Ho^w Pipe Lirie Corripariies Kay Eriter Upon arid Appro- 
 priate Larids, 
 
 A company organized for the purpose of transporting natural 
 gas, petroleum or water, necessary for use in carrying out the pro- 
 visions of this act in piping and transporting natural gas and petro- 
 leum, or for boring for the same, through tubing and pipes, may 
 enter upon any land for the purpose of examining and surveying a 
 line for its tubing and pipes, and may appropriate so much thereof 
 as may be deemed necessary for the. laying do^vn of such tubing 
 and piping, and for the erection of tanks and the location of stations 
 along such line, and the erection of such buildings as may be 
 necesisary for the purpose aforesaid ; such appropriations shall be 
 made and conducted in accordance with the law providing for com- 
 pensation to the owners of piivate property taken for public use; 
 Frovid.i'd, That' no dwelling house, yard or garden, shall be taken 
 for such purpose, nor shall any oil tank, gas or oil pipe line be erected 
 orlaid within one hundred feet of any occupied dwelling house with- 
 out the consent of the owner thereof, And so far as the rights of 
 the public therein are concerned, the county commissioners as to 
 public roads, and the council of any municipal corporation as to 
 streets and alleys, in their respective jurisdictions, may, subject to 
 such regulations and restrictions as they may prescribe, grant t» 
 such company the right to lay such tubing and piping therein; 
 Provided, however. The right to appropriate for any of the purposes 
 herein above specified shall not include or extend to the erection of 
 any tank, station, or building, or lands thereof, or to more than one 
 continuous line of pipe or tubing, or land therefor, in or through 
 a municipal corporation without the council first consents thereto; 
 and all excavations shall be well filled by such company, and so kept 
 by it, in all cases. Such company shall, for the purpose of trans- 
 porting natural gas, oils and water, be considered and held to be a 
 common carrier, and subject to all the duties and liabilities of such 
 carriers under the laws of this state. [Code 1887, ch. 52, as 
 amended by ch. 113, acts 1891.] 
 
11 
 JOINT STOCK COMPANIES. 
 
 Defiriitioris. 
 
 The words "joint stock, company" include every corporation hav- 
 ing a joint stock or capital divided into shares owned by the stock- 
 holders respectively. [Code 1887, ch. 63, S !■] 
 
 When the word "by-law" is used in this chapter, it is to be un- 
 derstood as if immediately followed by the words "adopted by the 
 stockholders in general meeting assembled." [Code 1887, ch. -58, 
 § 2.] 
 
 No SoiT[t Sto.cK Conqpariies Sl:|all be Iricorpomted Urider 
 Special C^iarter, 
 
 No corporation shall hereafter be created by special charter; and 
 no act shall be passed granting special privileges to any joint stock 
 company heretofore or hereafter incorporated under the provisions 
 of chapter fifty four of this code, or any other general law of this 
 state, and no joint stock company shall be authorized to engage in 
 any business other than tbat which, is proper under its charter; ex- 
 cept, that a mining, manufacturing, oil, salt or internal improve- 
 ment company may lay out a town not to include more than six 
 hundred and forty acres, at or near their works, and sell lots therein ; 
 and any corporation may take real estate, stocks, bonds and securi- 
 ties in payment, in whole or in part, for any debt bona fide owing to 
 it, or as a security therefor, or may purchase the same if deemed 
 necessary to secure or obtain payment of any such debt, in whole 
 or in part, and may manage, use and dispose of what has been so 
 takeri'or purchased, as a natural person might do ; and any corpora- 
 tion may compromise or purchase its own debt, and establish and 
 manage a sinking fund for that purpose, and any manufacturing 
 company may, with the assent of the holders of two thirds of its 
 stock, had by a vote at a stockholders' meeting, subscribe for or 
 purchase the stock, bonds or securities, of any corporation formed 
 for the purpose of manufacturing or producing any articles or ma-, 
 terial used in the business of such joint stock company, or dealing 
 in any articles or material manufactured or produced by such joint 
 stock company, or constructing a railroad or other work of internal 
 improvement, through or into the county in which the principal 
 place of business of such joint stock company may be, or operating 
 a railroad or other work of internal improvement so constructed, 
 and may, with the like assent, become surety' for or guarantee the 
 debts of such corporation, or in any manner aid it in carrying on its 
 business. [Code 1887, ch. 53, § 3.] 
 
12 
 
 Fornr\er C]:\arterR Urider Wlriicl^ Orgariizations Have Not 
 Been Made to be Deenqed Extirict. 
 
 All existing charters or grants of special or exclusive privileges 
 under which organizations shall not have taken place, or which shall 
 not have been in operation within two years from the twenty-second 
 day of August, one thousand eight hundred and seventy-two, shall 
 have no validity or effect whatever. Provided, That nothing herein 
 shall prevent the execution of any bona fide contract heretofore law- 
 fully made in relation to any existing charter or grant in this state. 
 [Code 1887, ch. 53, S 4,] 
 
 All rights, powers and privileges, heretofore granted by the gen- 
 eral assembly of Virginia, or by the legislature of this state, to any 
 joint stock company, which are not rendered invalid and of no 
 effect by the yireceding section, are hereby preserved to it. [Code 
 1887, ch. 53, ;^ 5. 
 
 Wittiiri Wl)at Tiir\e Corripariy Mast be Orgariized. 
 
 A\^here a certificate of incorporation has been or shall hereafter be. 
 issued for a, joint stock company under a general law, such company 
 Hiust be organized and cotnmence its proper corporate business 
 within one year after the date of such certificate ; otherwise the cer- 
 tificate shall be of no effect. [Code 1S87, ch. oo, S 6. 1 
 
 Forfeiture of Rigtits by Susperisiori of Busiriess- 
 
 If a joint stock company, whether organized under special charter 
 • or general law, suspend its proper' corporate business at any time 
 for two years continuously, its corporate rights and privileges shall 
 cease. [Code 1.SS7, ch. 53, S 7.] 
 
 Rigllt of Legislature to Alter or Repeal Cl^arters. 
 
 Where the legislature has the right to alter or repeal the charter 
 or certificate of incorporation heretofore grantea to any joint stock 
 company, or to alcpr or repeal any law relating to such company, 
 nothing contained in this chapter shall be construed to surrender or 
 impair such right. And the right is hereby reserved to the legisla- 
 ture to alter any charter or certificate of incorporation hereafter 
 granted to a joint stock company, and to alter or repeal any law 
 applicable to such company. But in no case shall such alteration 
 or repeal affect the right of the creditors of the company to have its 
 assets applied to the discharge of its liabilities, or of its stockhold- 
 ers to have the surplus, if any, which mayremain after discharging 
 its liabilities and the expenses of winding up its aflairs, distributed 
 among themselves in proportion to their respective interests. [Code 
 lSS7,ch. .-),•!, S 8.] 
 
13 
 
 Wl^at Corqpanies are Subject to t]-[rs Clriapter. 
 
 Every joint stock company heretofore organized, and which has 
 commenced its proper corporate business, under special charter or 
 general law, shall remain subject to the laws now in force applicable 
 thereto, unless it accepts the provisions of this chapter, or shall be 
 declared subject thereto by act of the legislature. [Code 1887, ch. 
 53, § 9.] 
 
 Every joint stock company wliich shall be hereafter organized or 
 commence its proper corporate business, or which shall accept the 
 ■provisions of this chapter, or be declared subject thereto by act of 
 the legislature, shall, so faras it is not otherwise expressly provided, 
 have the rights, powers and privileges, and be subject to the regula- 
 tions, restrictions and liabilities specified in this and the preceding 
 chapter. [Code 1887, ch. .53, S 10. ) 
 
 Corporate Narqe. 
 
 No joint stock company shall alopt the same name which is being 
 used at the time bv another corporation of this state. [Code* 1887, 
 ch. 53, S 11.] 
 
 Ct|ar|ge of Corporate Narr\e. 
 
 If the stockholders of a joint stock company desire to change the 
 name thereof, and pas.s. in genera' meeting, a resolution to ,that 
 effect, stating the name by which it is intended the corporation shall 
 be thereafter known, and cause such resolution to be certified under 
 its common seal and the signature of its president to the secretary 
 of state, the secretary shall issue, under his hand and great seal 
 of the state, a certificate reciting the resoution and declaring that 
 the corporation is to be thereafter known by the new name so adopt- 
 ed ; and such certificate shall be evidence of the change of name 
 therein specified Notice of every such change of name shall be 
 published by such corporation in some newspaper of general circula- 
 tion, in the county where the principal office of such corporation is, 
 once a week (or four successive weeks immediately thereafter. 
 [Code 1887, ch 63, S 12 ] 
 
 The seventeenth, eighteenth, nineteenth and twentieth sections 
 of chapter fifty-four of this code shall be appbcable to such certifi- 
 cates of change of name. [Code 1887, ch. 53, § 13] 
 
 Effect of Ci\arige of Narr\e. 
 
 No contract, right or liability, previously existing or inchoate, or 
 suit, motion or proceeding then pending, shall be affected by such 
 change of name. [Code 1887, ch. 53, § 14.] 
 
14 
 7]\e Capital StocX and HovJ Divided. 
 
 The capital stock shall be divided into shares of such amount 
 each as may be prescribed by the charter of incorporation ; but ev- 
 ery share shall be of the same amount. [Code 1887, ch. 53, S 15.] 
 
 Preferred StocK- 
 
 The stockholders in general meeting may, by resolution or by- 
 law, provide for or authorize the issuing of preferred stock, on such 
 terms and conditions, and with such regulations respecting the 
 preference to be given to such stock over the other stock in relation 
 to future dividends, or otherwise, as they may deem proper, l^ro- 
 vided, That the maximum, capital of the corporation . shall not be 
 exceeded, and that notice be first published at least once a week for 
 four weeks successively, in some newspaper of general circulation in 
 the county wherein the principal office or place of business of the 
 corporation is situated, of the intention to offer such resolution or 
 by-law. [Code 1887, ch. -IH, i^ 16.] 
 
 JSTiJiriber of StocKllolders. 
 
 There ohall not be less than five stockholders. If the number be 
 at any time reduced below five, and so remain for six months con- 
 tinuously, the corporation shall be dissolved. [Code 1887, ch. 53, 
 
 >, 17.] 
 
 s 
 
 StocK Owned by tl^e Corporatiori. 
 
 If the corporation acquires shares of its own stock, it may either 
 extinguish or sell the same If extiilguished, it shall operate to 
 that extent as a reduction of the amount of its capital stock. No 
 vote shall be given on any stock while owned by the corporation. 
 [Code 1887, ch. .53, S 18] ' 
 
 Wiio Deerqed tl|e O'Wrier of StocK- 
 
 The person in whose name shares of stock stand on the books of 
 the corporation shall be deemed the owner thereof, so far as the cor- 
 poration is concerned. [Code 1887, ch. 53, S 19] 
 
 StocK Deerqed Personal Estate. 
 
 The shares shall be deemed personal estate, and as snch shall pass 
 to the legal representative or transferee of the stockholder, and be 
 subject to legal process. [Code 1887, ch. 53, S 20.] 
 
 Trarisfer-BooK 
 A transfer-book shall be kept by the corporation, in which th"? 
 
15 
 
 shares shall be assigned under such regulations, if there be anv, as 
 may have been prescribed by the by-laws. [Code 1887, ct. 63, 
 S21.J 
 
 Tmrisfer of Stock. 
 
 No share shall be transferred without the consent of the board of 
 directors, until the same is fully paid up, or security given to the 
 satisfaction of the board for the residue remaining unpaid. And 
 where bond and security have been given to the corporation for 
 any sum remaining unpaid upon stock, no transfer shall affect the 
 validity of such bond and security. [Code 1887, ch. 53, S 22.] 
 
 Subscriptions to tl^e Capital, Etc. 
 
 Before a corporation is organized, shares may be disposed of as 
 prescribed by the sixteenth section of chapter fifty-four of this code, 
 or by the charter. After it is organized, the disposal of additional 
 shares to increase the capital stock shall be subject to the order and 
 direction of the board of directors for the time being, so that the 
 maximum capital be not exceeded. [Code 1887, ch. 53, § 23.] 
 
 StocK Rot to be Sold at Less tY\ar\ Par to Increase Capital 
 
 Stock. 
 
 In no case shall stock be sold or dispo.Bed of at less than par in 
 order to increase the capital of any such corporation. But nothing 
 herein contained shall be so construed as to prevent any mining 
 corporation, subject to the provisions of this chapter, from issuing 
 stock or bonds and negotiating the sale of the same in payment of 
 real and personal estate for the use of such corporation, and for its 
 other corporate purposes and business, at .«uch price and upon such 
 terms and conditions as may be agreed upon by the owners, direc- 
 tors or stockholders of such corporation. And any subscriber to the 
 capital stock of any suchmining corporation may pay for such stock 
 by the transfer and conveyance to such corporation of real or per- 
 sonal property, or both, necessary for the uses and purposes of the 
 corporation upon such terms as may be mutually agreed upon. 
 [Code 1887, ch. 53, S 24, as amended by ch. 85, Acts 1891.] 
 
 Hd'w; Silbscriptioris to be Paid. 
 
 At least ten per cent, of the par value of each share shall be paid 
 at the time of subscription, and the residue as required by the 
 board of directors or the commissionioners having control of the sub- 
 scription. [Code 1887, ch. 53, § 25.] 
 
 Wl^eri Stock to be Regarded as Takeri 
 
 No stock shall be regarded as taken or the person subscribing 
 
16 
 
 therefor considerpd ejititled to the same, until the first instalment is 
 paid thereon. [Code 1887, ch. 53, S 26.] 
 
 Hpportiorin\e.rit of Stock • 
 
 If more than the amount necessary to malje up the maximum 
 capital, or the amount of capital to be disposed of, be at any time 
 subscribed, the subscription!- shall be reduced to the proper amount 
 by deducting the excess from the iarujest subscription, in such 
 manner that no subscription shall be reduced while any one re- 
 mains larger. [Code 1887, ch. 53, S 27 ] 
 
 Failiire to Pay Subscriptioris. 
 
 If any person, who lias received a sum of money on a subscrip- 
 tion to the capital stock ot a corporation, fail to account for and pay 
 over the same as the board of directors may require, or if any stock- 
 holder fail to pay any instalment upon his shares when required by 
 the board, the corporation may recover from him the principal sum 
 due, with interest thereon at the rate often per cent, jier annum, by 
 motion on ten days' notice, oi by action belore any justice or court 
 having jurisdiction. [Code 1887, ch. 53, S 28. 
 
 Wl|eri Corripariy May Sell Deltriqilerit StocK- 
 
 Or, in the case of a stockholder failing to pay any instalment 
 upon his shares when required by the board of directors, the said 
 shares may be, by order ot the board, after fonr weeks' notice in a 
 newspaper of general circulation in the county wherein the princi- 
 pal office or place of tmsiness of such corporation is situated, be 
 sold at public auction for cash, and be transferred to the purchaser 
 by such person as the board shall appoint for the purpose. In such 
 case thei'e shall be jiaid out of the ])roceeds of the sale the ex- 
 penses of advertising and selling, and the whole residue remaining 
 unpaid upon said stock ; and the surplus, if any, shall be paid to 
 the delinquent stockholder. [Code 1887, ch. 53, S 29.] 
 
 Ml|er| Corporations May Recover fronq DeliriqUerit StocK- 
 
 l:\older. 
 
 If there be no sale for want of bidders, or if the sale do not pro- 
 duce enough to pay the expenses and the whole residue remaining 
 unpaid on the said stock, the corporation may recover from such 
 stockholder whatever may remain unpaid, with interest at the rate 
 often per cent, per annum from the time it was due until naymeiit, 
 by action or motion as aforesaid. [Code 1887, ch. 53, S 30. | 
 
 Security for' Unpaid Instalnqerits of StocK- 
 
 A corporation, the stock of which is not fully paid up, may, by 
 
1" 
 
 by-law, require each stockholder to give security to the satisfaction 
 of its board of directors for the payment, at such times and in such 
 instalments as the board may direct, of the residue remaining un- 
 paid on his stock. In such case the security may hi- given by bond, 
 with one or more sureties, or by pledge of other stocks or securities, 
 or by deed of trust or mortgage on real estate, or in any other man- 
 ner satisfactory to the board and not prohibited hy such by-law. 
 [Code 1887, ch 53, § 31. J 
 
 Insufficient or Doubtful Security. 
 
 When security is taken from stockholders for the unpaid residue 
 of their stock, according to the preceding section, the board of di- 
 rectors shall, from time to time, examine the said securities to as- 
 certain the sufficiency thereof. And if, in any case, they deem the 
 security insufficient or doubtful, they shall require other security in 
 lieu thereof; and so, from time to time thereafter, whenever they 
 find the security insufficient or doubtful. [Code 1887, ch. 63, § 32.J 
 
 Failure to Give Satisfactory Security. 
 
 If any stockholder being thereto required, according to either of 
 the two preceding sections, fail to give secui^ity satifiictory to the 
 board of directors for the unpaid residue of his stock, the corpora- 
 tion may recover from him, by motion on ten days' notice, or by 
 action before any justice or court having jurisdiction, the whole un- 
 paid residue of the stock, with inte.rest thereon at the rate of ten per 
 cent, per annum from the time of such failure, until payment ; or 
 the board of directors, at their option (having first given not less 
 than two weeks' notice to the stockholder of their intention so to 
 do), may declare the stock, in regard to which such failure occurred, 
 to be forfeited to the corporation. [Code 1887, ch. 53, § 33. J 
 
 Failure to Pay Iristalrqerits. 
 
 If any stockholder, having given security as aforesaid, fail to pay 
 the unpaid residue of his stock or any instalment thereof, when 
 thereto required by the l)oard of directors, the corporation may re- 
 cover the amount in arrear, with interest thereon at the rate of ten 
 per cent, per annum from the time of such failure until payment, 
 from the person liable on such security, or any one or more of them, 
 by motion or action as aforesaid; or by the sa e or collection of 
 the stocks or securities pledged, or enforcement of the deed of 
 trust or mortgage, or other securities, given as aforesaid; or in the 
 manner specified in the twenty-ninth and thirtieth sections of this 
 chapter. And if it proceed in any of the modes above mentioned, 
 it shall not be thereby precluded from resorting to the others for the 
 recovery of so much as may remain unpaid. [Code 1887, ch. 53, 
 §84.] 
 
18 
 
 Certificates of StocK, 
 
 The hoard of directors may cause to be issued, if demanded, to 
 any perton appearing on the boolis of the corporation to be the 
 owner of any shares of its stock, a certificate therefor under the 
 corporate seal, to be signed by the president and such other officer, 
 if any, as the board may direct; which certificate shall show the 
 amount paid on each share. [Code 1887, ch. 53, § 35.] 
 
 Certificate to be Siirt'eridei'ed on Transfer of StocK. 
 
 A stockholder, to whom such certificate has been issued, shall not 
 be allowed to transfer the shares therein mentioned, or any part 
 thereof, without delivering up the said certificate to the corporation 
 to be cancelled, unless the same be lost or destroyed, or suflicient 
 cause be shown, to the satisfaction of the board of directors, why it 
 cannot be produced. [Code 1887, ch. hS, § 36.] 
 
 Sale, etc., of StocK ^itlri Delivery of Certificate to Purcl\aser 
 
 If any person, for valuable consideration, sell, pledge or other- 
 wise dispose of, any shares belonging to him to another, and deliver 
 to him the certificate lor such shares, with the power of attorney 
 authorizing the transfer of the same on the books of the corporation, 
 the title of the former shall vest in the latter so far as may be neces- 
 sary to effect, the sale, pledge or other disposal, of the said shares, 
 not only as between the parties themselves, but also as against the 
 creditors of, and subsequent purchaser from, the termer, but sub- 
 ject nevfrtheless to the provisions contained in the nineteenth sec- 
 tion of this chapter. [Code 1887, ch. 53, § 37.] 
 
 Lost Certificate. 
 
 When a person to whom a certificate has been issued, alleges it 
 to have been lost, he shall file in the office of the corporation, first, 
 an affidavit setting forth the time, place and circumstances of the 
 loss, to the best of his knowledge and belief; second, proof of his 
 haying advertised the same in a newspaper of general circulation, 
 published near the principal oflice of the corporation, once a week 
 for four weeks ; and third, a bond to the corporation, with one or 
 more sufficient; sureties, conditioned to indemnify the corporation 
 and all persons against any loss in consequence of a new certificate 
 being issued in lieu of the former. And thereupon the board of direc- 
 tors shall cause to be issued to him a new certificate, or duplicate 
 of the certificate alleged to be lost. [Code 1887, ch. 63, § 38.] 
 
 Dividends on StocK. 
 
 The board may, from time to time, declare dividends of so much 
 of the net profits as they deem it prudent to divide. If any stock- 
 
19 
 
 holder be indebted to the corporation, his dividend, or so much 
 thereof as is necessary, may be applied to the payment of the debt, 
 if the same be then due and payable. [Code 1887, ch. 53, § 39] 
 
 Dividerids Declared Out of tt]e Capital. 
 
 If the board declare a dividend by which the capital of the cor- 
 poration shall be diminished, all the members present, who do not 
 dissent therefrom and cause said dissent to be entered on the record 
 of their proceedings, shall be jointly and severally liable to the cred- 
 itors of the corporation for the amount the capital may have been 
 so diminished ; and may be decreed against therefor on a bill in 
 equity filed by any creditor ; and moreover, every stockholder who 
 has received any such dividend shall be liable to the creditors for 
 the amount of capital so received by him. [Code 1887, ch. 53, 
 § 40.] 
 
 Ttie Meetirigs of t)\e StocKtlolders, 
 
 An annual meeting of the stockholders of every corporation, sub- 
 ject to this chapter, shall be held at such time as may be prescribed 
 by the by-laws, if there be no such by-law, then on the fourth 
 Tuesday of January. A general meeting of the stockholders may 
 be called at any time by the board of directors, or by any number 
 of the stockholders holding together at least one-tenth of the capi- 
 tal. Notice of the annual or any other general meeting shall be 
 given in such manner as the by-laws may direct, or, if there be no 
 such by-law, by advertising the same once a week for two weeks at 
 least in some newspaper of general circulation published near the 
 principal office or place of business of the company. [Code 1887, 
 ch. 53, § 41.] 
 
 QilotTln\. 
 
 The number of stockholders, or amount of «tock necessary to con- 
 stitute a quorum at a meeting of stockholders, and the mode of 
 transacting business at such meetings, may be prescribed by the by- 
 laws. If there be no such by-law, the majority of the stock must be 
 present, in person or by proxy, to constitute a meeting. But if a 
 sufficient number do not attend at the time and place appointed, 
 those who do attend may adjourn from time to time until a meeting 
 is regularly constituted. Every meeting of stockholders may 
 adjourn from time to time till its business is completed.. LCode 
 1887, ch. 53, § 42.] 
 
 lyist of StocKilolders to be Htlrig Up iri Priricipal Office. 
 
 A list of stockholders, showing Jthe number of shares and votes to 
 which each is entitled, shall, for one"! month before eveiy annual 
 meeting, be hung up in the most public room at the principal office 
 
20 
 
 or place of business of the corporation; but the failure to do ?o 
 shall not affi-ct the validity of liic proceedings of such meeting. 
 [Code 1887, ch. 53, § 4^ ] 
 
 Mode of Yotirig. 
 
 In all elections for directors or managers of incorporated compa- 
 nies, whether in othpr respects governed by this chapter or not, every 
 stockholder shall have the right to vote in person or by ' proxy for 
 the number of shares of stock owned by him for as many persons as 
 there are directors or managers to be elected, or to cumulate said 
 shares and give one candidate as many votes as the number of di- 
 rectors multiplied by the number of his shares of stock shall equal, 
 or to distribute them on the same principle among as many candi- 
 dates as he shall think fit; and such directors or- managers shall 
 not be elected in any other manner. And on any other question to 
 be determined at any meeting of stockholders, if a vote by stock be 
 demanded upon such question by any stockholder, every stock- 
 holder may, in person, or by proxy, give the following vote on 
 whatever stock he may hold in the same right, that is to say, one 
 vote for every share of stock held in such company. [Code 1887, 
 ch. 53, § 44.] 
 
 Proxy. 
 
 No officer or director of a corporation shall vote as the proxy of a 
 stockholder thertof. [Code 1887, ch. 53, § 45.1 
 
 Hriri-ual Report of Directors. 
 
 The board of directors shall make a report to the stockholders, at 
 the annual meeting, of the condition of the corporation. The re- 
 port shall show the property and funds belonging to the corporation, 
 and the estimated value thereof; the debts due to it, distinguishing 
 such aa are deemed to be good from those considered doubtful or 
 hopeless ; the debts and liabilities of the corporation ; the amount of 
 capital paid in ; and the estimated surplus or deficiency, as the 
 case may be. It shall also state the amount of .dividends declared 
 and losses incurred, or the profits accruing, during the preceding 
 year. The board shall ^furnish to each stockholder requiring it a 
 true copy of such report, together with a list of stockholders and 
 their places of residence. [Code 1887, ch. 63, § 4b.] 
 
 BooKs, Papers, etc. 
 
 The property and funds, books, correspondence and papers of the 
 corporation, in the possession or control of any officer or agent 
 thereof, shall, at all times, be subject to the inspection of the board 
 or a committee thereof appointed for the purpose, or of any com- 
 mittee appointed for the purpose by a general meeting of the stock- 
 
21 
 
 holders. The minutes i>l the resolutions and proceedings of the 
 board shall, for thirty days before the animal meeting of the stock- 
 holders, be open to the inspection of any stockholder. They shall 
 be produced when required by the stockholders at any general 
 meeting [Code 1887, ch 53, § 47.] 
 
 iVLeetings of tl^e StocKliolders. 
 
 The annual meeting and oiher meetings of the stockholders, with- 
 in this state, shall be held at sach place as maybe prescribed by 
 the by-laws, or if there be no such by-law, then at the principal 
 office or place of business of the corporation. Notice of the place 
 of meeting shall be given in the manner prescribed liy the forty-first 
 section of this chapter. [Code 1887, ch. 53, § 48.] 
 
 Board of Directors. 
 
 For every corporation subject to this chapter there shall be a 
 board of directors, who shall have power to do, or cause to be done, 
 all things that are proper to be done by the corporation. The stock- 
 holders may in general meeting, by a by-law, prescribe the number 
 of which the board shall consist; but unless a different number 
 be so prescribed, there shall be five directors. They may also, by 
 by 'law, prescribe the qualifications of directors; but if it be not 
 otherwise provided, every director must be a resident of this state 
 and a stockholder. The directors shall be elected at the annual 
 meeting of the stockholders, or as soon thereafter as practicable, 
 and shall hold their offices until their successors are elected and 
 qualified. The stockholders in general meeting may remove any 
 director and fill the vacancy ; but any vacancy not caused by such 
 removal may be filled by the board. A majority of the board shall 
 constitute a quorum, unless it be otherwise provided in the by-laws; 
 and if the number of the board be reduced at any time so as to in- 
 terrupt the proper and efficient management of the business of the 
 corporation, a general meeting of the stockholders may be called to 
 elect new directors, or to take such order in the premises a^ they 
 ' may deem proper. [Code 1887, ch. 53, § 49 ] 
 
 President. 
 
 As soon as may be, after their election, the board of directors 
 shall choose one of their own body president of the corporation, who 
 shall act as such till his successor is qualified, without ceasing, how- 
 ever, to bera member of the board. Duringthe absence of the presi- 
 dent the board may appoint a president 'pm tempore, who, for the 
 time, shall discharge the official duties of the president. [Code 
 1887, ch. 53, § 50.] 
 
22 
 
 Meetirigs of tl^e Boar'd. 
 
 The board shall hold meetings at such time as they see fit, or the 
 president shall require. They may, by resolution, prescribe when 
 and where their regular meetings shall be held, how special meet- 
 ings shall be called, and what notice of their meetings shall be 
 given. [Code 1887, ch. 53, § 51.] 
 
 Record of Proceedirigs. 
 
 They shall keep a record of their proceedings, which shall be 
 verified by the signature of the president or president pro tempore. 
 No member of the board shall vote on a question in which he is in- 
 terested otherwise than as a stockholder, except the election of a 
 president, or be present at the board while the same is being con- 
 sidered ; but if his retiring from the board in such case reduce the 
 number present below a quorum, the question may nevertheless be 
 decided by those who remain. On any question the names of those 
 voting each way shall be entered on the record of their proceedings, 
 if any member at the time require it. [Code 1887, ch. 53, § 52.] 
 
 Officers ar|d figer|ts: 
 
 The board of directors shall appoint such officers and agents of 
 the corporation as they may deem proper, and prescribe their du- 
 ties and compensation ; but there shall be no compensation for ser 
 vices rendered by the president or any director, unless it be allowed 
 by the stockholders. The officers and agents so appointed shall 
 hold their places during the pleasure of the board; and if required 
 by the board, or the by-laws, shall give bonds, payable to the cor- 
 poration, in such penalties and with such conditions and security 
 as the board may approve. [Code 1887, ch. 53, § 53. [ 
 
 BooKs of flccourit, 
 
 The board of directors shall cause regular and correct books of 
 account to be kept, and to be settled and balanced once at least 
 every six months. [Code 1887, ch. 53, § 64.] 
 
 By-La-Ws. 
 
 The board of directors, in the exercise of their powers, shall be 
 subject to such by-laws and regulations, not inconsistent with the 
 laws of this State, as the stockholders may pass from time to time 
 in general meeting. [Code 1SS7, ch. 53, § 5.^.] 
 
23 
 
 Yoliiritary DissolUtiori, 
 
 The ptockholders may at any time in general meeting resolve to 
 discontinue the business of the corporation, the majority of the cap- 
 ital stock being represented and voted in favor of such discontin- 
 ance; and may divide the property and assets that may remain 
 after paying all debts and liabilities of the corporation. Public no- 
 tice of such resolution shall be immediately given by advertisement 
 in eomp newspaper of general circulation, published near the prin- 
 cipal bflftce or place of business of the corporation, once a week for 
 six weeks lit least, before any dividend of the capital shall be made; 
 and the said resolution shall be forthwith certified by the president 
 under his hand and the common seal of the corporation to the secre- 
 tary of state, who shall preserve the same in his office, and deliver 
 a copy to the clerk of the house of delegates, to be printed and 
 bound with the acts of the legislature As soon as practicable, after 
 such resolution is passed, the stockholders shall cause ample funds 
 and assets to be set apart, either in the hands of the trustees or 
 otherwise, to secure the payment of all debts and liabilities of the 
 corporation; and any creditor who supposes his claim to not be suf- 
 ficiently secured thereby, whether such claim be then due or there- 
 after become due, may on bill in chancery, if sufficient cause 
 therefor be shown, obtain an injunction to prevent the distribution 
 of the capital and a decree against any stockholder for the amount 
 of the capital received by him; and if necessary or proper in the 
 case, the court may appoint a receiver to take charge of and admin- 
 ister the property and assets of the corporation. [Code 1887, ch 53, 
 §56.] 
 
 Proceedirigs iri Equity tc Dissolve a Corporation, 
 
 If not less than one-third in interest of the stockholders of a cor- 
 poration desire to wind up its affairs, they may apply by bill in 
 chancery to the circuit court of the county in which the principal 
 office or place of business of such corporation is situated, or if there 
 be no such office or place of business in this state, to the circuit 
 court of the county in which the other stockholders or any one or 
 more of them reside, or are found, or in which the property of such 
 corporation or any part of it may be, setting forth in the bill the 
 grounds of their application ; and the court may thereupon proceed 
 according to the principles and usages of equity to hear the matter, 
 and if sufficient cause therefor be shown, to decree a dissolution of 
 the corporation, and make such orders and decrees, and award such 
 injunctions in the cause as justice and equity may require. [Code 
 1887, ch. 53, § 57.] 
 
 Receiver. 
 
 When a corporation expires, or is dissolved' or before its expira- 
 tion or dissolution, upon sufficient cause being shown therefor, such 
 
24 
 
 court as is mentioned in the preceding section may, on application 
 of a creditor or >-tockholder, appoint one or more persons to be re- 
 ceivers to take charge of and iuiininisler its assets; and whether 
 such receiver be ajipointed or not, may make such orders and de- 
 crees, and award such injunctions in the cause, iisjustice and equity 
 may require. This section shall apply to corporations heretofore 
 or hereafter chartered by another state, which may have done busi- 
 ness and acquired property, or contracted debts, in this state, and 
 any of whose creditors, or stockholders, or their personal represent- 
 atives, reside herein ; and the circuit court of any county wherein 
 such creditor, stockholder, or personal representative, may reside, 
 or where such assets or property or part thereof may be, or where 
 the person owing such debts, or having tuch property in possession, 
 may reside, shall aflbrd such relief as is prescribed in this and the 
 next section. [Code 1887, ch. 53, § 58.] 
 
 Effect of Dissolutiori or Expiratiori of a Corporation, 
 
 When a corporation shall expire or be dissolved, its property and 
 assets shall under the order and direction ot the board of directors 
 then in ofKoe, or of the receiver or receivers appointed for the pur- 
 pose by such circuit court as is mentioned in the fifty-seventh sec- 
 tion of this chapter, be subject to the payment of the liabilities of the 
 corporation, and the expenses of winding up its affairs; and the sur- 
 plus, if any, then remaining, to distribution among the stockhold- 
 ers according to their respective interests. And suits may be 
 brought, continued or defended, the property, real or personal, of 
 the corporation be conveyed or transterred under the common seal 
 or otherwise, and all lawful acts be done in the corporate name, in 
 like manner and with like effect as before such dissolution or expir- 
 ation ; but so far only as shall be necessary or proper for collecting 
 the debts and claims due to the corporation, converting its properly 
 and assets into money, prosecuting and protecting its rights, enforc 
 ing its liabilities, and paying over and distributing its property and 
 assets, or the proceeds thereof, to those entitled thereto. [Code 1887, 
 ch 53, § .59.] 
 
 Exan\iriatior( or Report Required by t]\e Legislature. 
 
 Every corporation subject to this chapter shall exhibit its books, 
 papers and property, to such agents or committees as the legislature 
 may from time to time appoint to examine the same; and when re- 
 quired by the legislature, shall report thereto a full, fair and de- 
 tailed exhibit of its property, liabilities and condition, verified by 
 the oath of the president, and of the secretary or principal book- 
 keeper. [Code 1887, ch. 53, § 60] 
 
 Service of Process or Notice. 
 
 Process on, or notice to, a corporation may be served m is pro- 
 
25 
 
 vided in section seven of chapter one hundred and twenty-four of 
 this code. [Code 1887, ch, 53, § 61.] 
 
 Quantity of Land Wtiiclri a Corporatibri May Hold, 
 
 No corporation subject to this chapter, whether incorporated un- 
 der special charter or general law, shall hold more than one hun- 
 dred acres oi land ; except that a company for mining iron, lead or 
 copper ore, and manufacturing the same into metal, may hold ten 
 thousand acres for every charcoal blast furnace, and three thousand 
 acres for every other furnace; companies for ppiningand selling coal, 
 ten thousand acres each ; other mining companies, salt companies 
 and oil companies, three thousand acres each; other manufacturing 
 companies, one thousand acres each, and a springs company, fif- 
 teen hundred acres; nor shall any corporation subject to this' chap- 
 ter, hold more than five acres in any incorporated town or city, ex- 
 cept as provided in the fourth section of chapter fifty-two of this 
 code, and except that societies formed to promote agriculture or 
 stock raising may hold not exceeding thirty acres in any incorpor- 
 ated town or city. But nothing in this section contained shall be 
 construed to prevent any company heretofore incorporated from 
 holding such number of acres of land, in addition to the number 
 herein prescribed, as may be authorized by its charter. But any 
 such springs company now owning or occupying the real estate of a 
 former t-prings company may take, hold and use the same, notwith- 
 standing the quantity thereof shall exceed fifteen hundred acres. 
 [Code 1887, ch. 53, § 62.] 
 
 Preservation of tt^e Peace, etc., at Watering Places. 
 
 Every incorporated springs company may adopt by-laws, rules 
 and regulations for the preservation of peace and good order within 
 the boundary lines of its real estate, and for the arrest of persons 
 violating the penal laws of the state within said lines. And the 
 board of directors of any such corporation may, from time to time, 
 appoint such number of police officers as may be deemed necessary 
 to carry into effect the objects and purposes of this section ; and 
 the ofiicer so appointed shall have all the powers within the ter- 
 ritory for which he is appointed, in criminal case-, as a constable of 
 a district has under the law. [Code 1887, ch. 53, § 63 ] 
 
 Married Worqer) May Yote as StocKtlolders, etc 
 
 It shall be lawful for any mairied woman, being a stockholder of 
 any bank, insurance company (other than mutual fire insurance 
 companies), manufacturing company or other institution incor- 
 porated under the laws of this state, to vote at any election for di- 
 rectors and trustees, by proxy or otherwise, in such company of 
 which she may be a stockholder. [ Code 1887, ch. 66, § 9, as amended 
 by ch. 109, Abts 1891.] 
 
26 
 
 INCORPORATION OF JOINT STOCK 
 COMPANIES. 
 
 To Wl^at Cl^apters Sucti Corqpanies Stiall be Subject, 
 
 Joint stock companies, incorporated under this chapter, shall be 
 subject to the provisions of the fifty-second and fifty-third chapters 
 of the code, so far as the same are applicable. [Code 1887, ch. 54, 
 SI.] 
 
 Tt^e Purposes for Wirjicti Joirit StocK Corqpanies May be 
 
 Forrr\ed. 
 
 Such companies may be incorporated fo.r the following purposes: 
 
 I. For manufacturing, mining or insuring. 
 
 II. For constructing and maintaining lines of magnetic tele- 
 graph, telephones, lines of piping or tubing for the transportation 
 of oils or other fluids; and carrying on the business properly per- 
 taining to such works and improvements. 
 
 III. For establishing hotels, and springs companies, gas works, 
 water works, cemeteries, or building and loan associations, and 
 transacting the business properly pertaining thereto. 
 
 IV. For universities, colleges, academies, seminaries, schools, 
 or institutes, for the purpose of teaching any branch or branches 
 of useful information or learning, or promoting religion, morality, 
 military science or discipline; or the diffusion of knowledge, includ- 
 ing library companies and literary and scientific associations 
 
 V. For agricultural and industrial societies. 
 
 VI. For benevolent associations, societies and orders, including 
 orphan, b ind and lunatic asylums and hospitals, lodges of free and 
 accepted masons, independent order of odd fellow.s, improved order 
 of red men, sons of temperance, good templars and knights of pyth- 
 ias, and all other associations, societies and orders of like character. 
 
 VII. For gymnastic purposes. 
 
 VIII. For railroads and other works of internal improvement. 
 
 IX. For banks of issue and circulation, and of discount and de- 
 posit, and for savings institutions. 
 
 X. And for any other purpose or business useful to the public 
 for which a firm or copartnership may be lawfully formed in this 
 state. [Code 1887, ch. 54, § 2.] 
 
 Forir\atior] of Corporatioris for Certaii\ Purposes Protiibited. 
 
 But this chapter shall not be construed to authorize the incor- 
 poration of any church or religious denomination, or of any com-, 
 pany the object or one of the objecta of which is to purchase lands 
 and re-eell the same for profit. [Code 1887, ch. 54, § 3.] 
 
27 
 
 Capital StocK- 
 
 The capital stock shall be divided into shares, as prescribed by 
 the filteenth section of chapter fifty- three of the code. [Code 1887, 
 ch. 54,^4.] 
 
 Liniitatiori of 'Capital StocK- 
 
 The capital of a corporation formed under this chapter, except for 
 railroad or canal purposes, shall not exceed five millions of dollars. 
 [Code 1887, ch. 54, § 5.] 
 
 Mode of Iricorporation arid Dxiratiori. 
 
 Any number of persons, not less than five, desiring to become a 
 corporation for any purpose or business designated in the second 
 section, except for railroad purposes, shall sign an agreement to the 
 following effect : "The undersigned agree to become a corporation 
 by the name of (here insert the name by which it is intended the 
 corporation shall be known) for the purpose of (here describe fully 
 and particularly the purpose for which the corporation is to be 
 formed, and the kind of business intended to be carried on by it,) 
 which corporation shall keep its principal ofiice or place of business 
 
 at , in the county of — , and is to expire on the day of 
 
 — . And for the purpose of forming the said corporation, we have 
 
 subscribed the sum of dollars to the capital thereof, and have 
 
 paid in on said subscription the sum of dollars; and desire the 
 
 privilege of increasing the said capital, by the sale of additional 
 
 shares from time to time, to dollars in all. The capital so 
 
 subscribed is divided into shares of dollars each, which are 
 
 held by the undersigned, respectively, as follows, that is to say : By 
 (here insert the name of each incorporator, with his residence and 
 the number of shares heM by him.) And the capital to be hereafter 
 sold is to be divided. into shares of the like amount. Given under 
 our hands this day of . " [Code 1887, ch . 54, § 6. ] 
 
 Ten Per Cerit, of StocK Must Be Paid In. 
 
 No person shall be included as a corporator in any such agree- 
 ment, by reason of any stock subscribed for by him, unless he has 
 in good faith paid to the person who may have been appointed or 
 agreed upon to receive the same for the intended corporation, at 
 least ten per cent, of the par value of the said stock. [Code 1887, 
 ch. 54, §7.] 
 
 How flgreeirient Miist be HcKno-Wledged. 
 
 The agreement shall be acknowledged by the several corporators 
 before a justice, notary or judge; and such acknowledgement shall 
 be certified by the oflficers before whom they are made. The affida- 
 
28 
 
 vits of at least two of the corporators named in the agreement shall 
 be annexed thereto, to the efiect that the amount therein stated to 
 have been paid on the capital has been in good faith paid in, for the 
 purposes and business of the intended corporation, without any in- 
 tention or understanding that the same shall be withdrawn thern- 
 from before the expiration or dissolution of the corporation. [Code 
 1887, ch. 54, § 8.] 
 
 Certificate of tl:\e Secretary of State. 
 
 The agreement, with the acknowledgments and affidavits afore- 
 said, shall be delivered to the becretary of State, who shall thereupon 
 issue to the said corporators his certificate, under the great seal of 
 
 the state, to the following effect: "I, A B , Secretary of 
 
 the State of West Virginia, hereby certify that an agreement duly 
 acknowledged and accompanied by the proper affidavits, has henn 
 this day delivered to me, which agreement is in the words and fig- 
 ures following : (here insert.) Wherefore, the corporatorR named in 
 the said agreement, and wlio have signed the same, and their suc- 
 cessors and assigns, are hereby declared to be from this date until 
 
 the day of a corporation by ihe nameandfor the purpo.'^es 
 
 set forth in the said agreement. Given under my hand and the 
 
 great seal of the said state at -, this day of -." [Code 
 
 1887, ch. 54, § 9.] 
 
 Effect of Certificate of Iricorporatiori— Marmer of Hdoptir\q 
 'NeVil Hgreerrierit, 
 
 When a certificate of incorporation shall be issued by the secre- 
 'tary of state, pursuant to this chapter, the corporator^ named in the 
 agreement recited therein, and who have signed the same, and their 
 successors and assigns, shall, ffom the date of the said certificate 
 until the time designated in the said agree-ment for the ex]nration 
 thereof, unless sooner dissolved according tn law, be a corporation 
 by the name and for the purposes and busines.-i therein specified. 
 And the said certificate of incorporation shall be received as evi- 
 dence of the existence of the corporation as aforesaid. Any corpor- 
 ation organized for any one or more of the purposes mentioned in 
 the first and tenth sub-divisions of the second section of this chap- 
 ter may, by resolution, concurred in by a majority of all the stock- 
 holders, representing a majority of the capital stock, and entered 
 upon its records, at a uieeting specially called for the purpose, of 
 which all the stockholders shall have hail notice, agree to and adopt 
 a new agreement, so as lo enlarge or diminish the objects and pur- 
 poses, within the limits of said two sub divisions of section two, for 
 which such corporation may have been organized ; or so as to in- 
 crease or diminish the number of its shares of capital stock by con- 
 solidating or sub-dividing the same, but so that in no case shall any 
 fractional share or shares of unequal value be created. A copy of 
 such resolution, containing such new agreement, when acknowl- 
 
29 
 
 edged by such majority of the stockholders in the mariner prescribed 
 by the eighth section of this chapter, shall be delivered to the secre- 
 tary of HiaU', who shall thereupon issue' his certificate in the form 
 prescribed in the ninth section of this chapter, so far as the said form 
 may be found applicable; and from thence such corporation shall 
 be subject to such new agreement and certificate. And all the pro- 
 visions of this chapter shall apply to such new certificates and to 
 the corporations receiving the same in like manner as to original 
 agreements and certificates of incorporation, except as herein other- 
 wise provided. [Code 1887, ch. 54,. § 10.] 
 
 Dumtiori of Corporation. 
 
 No corporation' formed under this chapter except life insurance 
 compar.ies and such as are formed exclusively for the purposes 
 mentioned in the fourth, fifth, sixth, seventh, eighth and ninth 
 clauses of the second section, shall continue for more than fifty years 
 from the date of its certificate of incorporation. Any corporation 
 heretofore formed under the general laws of this state and now in 
 existence, may extend the time of its continuance beyond that lim- 
 ited in the agreement for its formation, for such additional time, not 
 exceeding fitty years, as it may desire, in the manner following: 
 The stockholders of such corpoiation may, at a general or special 
 meeting, adopt a resolution to extend the time of the continuance 
 of such corporation, for such time, not exceeding fifty years, as may 
 be decided upon by said stockholders, a majority of the stock of such 
 company being represented by the holders thereof, in person or by 
 proxy, and voting for such resolution ; but notice of the intention 
 to ofi'er such, resolution must have been given by advertisement, 
 published once a week for four Successive weeks, in some newspaper 
 of general circulation printed in this state. When such resolutions 
 shall have been adopted by any corporation, the president thereof 
 shall, under his signature and the common seal of the company, 
 certify the resolution to the secretary of state, and the secretary, 
 under his hand and the great seal of this state, shall issue to the 
 company adopting such resolution a certificate reciting the resolu- 
 tion and declaring the proposed extension to be authorized by law, 
 which certificate shall be received in all courts and places as evi- 
 dence of the extension of the continuance of such corporation, and 
 of the authority for the same. The provisions of sections seven- 
 teen, eighteen, nineteen arid twenty of this chapter shall apply to 
 such certificate. [Code 1887, ch. 54, § 11.] 
 
 Existirig Cofpomtioris May Accept tlc[is C]:\apter. 
 
 The stockholders of any incorporated joint-stock company now 
 existing in this state (banks of circulation and companies incorpor- 
 ated for the construction of works of internal improvement ex- 
 cepted) may, by resolution in general meeting,, accept the provisions 
 of this and the preceding chapter of the code. And thereupon a 
 
30 
 
 copy of the resolution shall be filed with the secretarj of state, to- 
 gether with a statement showing the name by which the corporation 
 had theretofore been known, and the name, whether it be the same or 
 a different one, by which it is intended it should be.known thereafter; 
 the business to be carried on ; the place where such business is to 
 be carried on, and where the principal ofBce is to be kept; the time 
 when the corporation is to expire, subject to the limitation contained 
 in the eleventh section of this chapter ; the auiount of the whole 
 capital; the amount of the capital paid in; the amount to which it 
 is intended to reserve the privilege of increasing the same, and the 
 par value of each share; which copj- and statement shall be certi- 
 fied by the president under his hand and the common seal of, the 
 corporation. And the secretary of s^tate shall thereupon is.-ue a cer- 
 tificate of incorporation under his hand and the great. seal of the 
 state, reciting the said resolution and statement, and declaring the 
 said corporation to be thereafter, until the time mentioned in the 
 said statement for the expiration thereof, a corporation by the name 
 which it is intended it should thereafter bear, and for the purpose 
 and business therein set forth, unless sooner dissolved according to 
 law. Certificates of incorporation issued pursuant to this section 
 shall be received as. evidence of the existence of the corporations 
 as therein declared ; and the said corporations shall no longer be 
 under their former charters, but shall have all the rights, privileges 
 and powers conferred by to is and the fifty-second and fifty-third 
 chapters of the code, and shall be subject to the liabilities, restric- 
 tions and regulations therein prescribed. [Code 1887. ch. 54, § 12.] 
 
 May Clriarige t]:\e Par YalUe of ttje StocK- 
 
 A corporation, at the time when it accepts the provisions of this 
 chapter, -may change the par value of its shares, as the stockholders 
 thereof in general meeting, or the board of directors under authority 
 given them by the stockholders, may determine ; in which case the 
 statement to be filed as aforesaid with the secretary of the state shall 
 show the proposed change, and the same shall have effect from the 
 dateof the certificate of incorporation. [Code 1887, ch. 54, § 1-3. [ 
 
 TeiTiq of Office of tlie First DirectorR. 
 
 When a certificate of incorporation is issued pursuant to the 
 twelfth section, the board of directors and oflBcers then in office may 
 continue to act in their respective capacities until the next annual 
 meeting of the stockholders, and thereafter until their successors 
 have been chosen and qualified, or until a general meeting, called 
 pursuant 1o th6 forty-first section of chapter fifty-three of the code, 
 shall elect a new board or make such order in the matter as they 
 deem right. [Code 1887, ch. 54, § 14.J 
 
31 
 
 First Meeting of StocKll61dei's. 
 
 When a certificate of incorporation is issued under the ninth sec- 
 tion, the corporators named in the agreement recited therein, or a 
 majority of them, shall appoint the time and place ' for holding a 
 general meeting of the stockholders to elect a board of directors, 
 make by-laws, and transact any other business which may lawfully 
 be done by the said stockholders in general meeting. The time ap- 
 pointed for the meeting shall not be less than twenty-one nor more 
 than ninety days from the date of the certificate, and at least two 
 weeks' notice of such meeting shall be given by advenisement in 
 the manner prescribed' in the forty-first section of chapter'fifty-three 
 of the code. [Code 1887, ch. 54, § 15.J 
 
 Sale of Hdditiorial StocX Before Orgariizatiqri, 
 
 After a certificate of incorporation has been issued pursuant to 
 ■ the ninth section, and before a board of directors have been elected 
 or qualified, additional shares of the capital stock may be disposed 
 of, so that the maximum capital be not exceeded, in such manner, 
 on such terms, at such times and places,- and under the superin- 
 tendence of such persons as the corporators|]named in the agreement 
 recited in such certificate, or those holding a majority of the shares, 
 may appoint, but subject to the provisions of the twenty-third and 
 the four following sections of chapter fifty-three of the code. [Code 
 1887, ch. 54, § 16.] 
 
 Recordatiori, Publication ar|d Official Copies of Certificates 
 
 of Iricorporatior\, 
 
 The secretary of state shall carefully preserve in his office the 
 agreements, resolutions ai\d statements mentioned in the sixth and 
 twelfth sections, and cause to be accurately recorded in a well 
 bound book, to be kept in his ofiice, all certificates of incorporation, 
 certificates of increase or reduction of capital stock, certificates of " 
 change of principal ofl&ce, certificates of change of name, whiph he 
 shall issue under this or the preceding chapter of this code. If he 
 omit to record any such certificate, or if any error be discovered in 
 the record thereof, he shall forfeit for every such neglect or default 
 not less than ten nor more than fifty dollars. At the end of every 
 regular session of the legislature, he shall deliver to the clerk of 
 the house of delegates an accurate abstract of every certificate of 
 incorporation not before reported, which abstract shall show the 
 name of the corporation, the purpose for which the corporation is 
 formed, and the kind of business carried on, its principal ofiice or 
 place of business, when issued and when to expire, the name and 
 residence of each incorporator, the amount of capital stock author- 
 ized, the amount subscribed and the amount paid in, and the par 
 value of each share ; and it shall be the duty of the clerk to cause 
 said abstracts to be printed and bound with the acts of the session. 
 
3'2 
 
 If the said secretary or clerk fail therein, the party so in default 
 shall forfeit not less than one nor more than fifty dollars. [Code 
 1887, ch. 64, § 17, as amended by ch. 53, acts 1891.] 
 
 Secretary's Fees. 
 
 *The secretary may charge a fee of four dollars for every such cer- 
 tificate issued hy him ; and for recording the original, or issuing a 
 certified copy, a fee of fifty cents, or in lieu thereof fifteen cents for 
 every hundred words; which fees shall be paid at the time the ser- 
 vice is rendered by the person at whose instance it was done. 
 [Code 1887, ch. 54, § 18.] 
 
 Certified Copy of Certificate Eqilivalerit as Eviderice to 
 
 fixe Origir\al. 
 
 The secretary may at any time issue a copy ot such certificate, 
 and such copy certified under his hand, and also the copy printed 
 with the acts of the legislature, shall as evidence be equivalent to 
 the original. [Code 1887, ch 54, § 19.] 
 
 Certificate Slriall be Recorded ir\ County ClerK's Office. 
 
 The company shall cause the said certificate, within three months 
 after it has been issued, or a copy thereof certified as aforesaid, to 
 be delivered for record to the clerk of the county court in which the 
 principal office or place of business of such company is kept, and 
 the clerk of the county court shall record the same in his office. Tf 
 such company fail therein, it shall be fined not exceeding one 
 thousand dollars. [Code J 887, ch. 54, § 20 ] 
 
 Iricrease or Reduction of tlc\e Nun\ber of Sliares or tl^e Par 
 YalUe of tl\e StocK. 
 
 Any corporation formed, or which may hereafter be formed, or 
 which has accepted or may accept the provisions of this chapter, 
 may, by resolution at any general or special meeting of the stock- 
 holders thereof, make such increase or reduction in the number of 
 shares of its capital stock, or the par value of each share, as may 
 be decided upon by said stockholders, a majority of the stock of 
 such company being represented by the holders thereof, and such 
 holders being present either in person or by proxy, and voting for 
 such increase or reduction. Provided^ That notice be given by ad- 
 vertisement, published four successive weeks, in some newspaper of 
 general circulation printed in this state, of the intention to offer 
 such resolution. [Code 1887, ch. 54, §21.] 
 
 •See Code, chapter 187, section 1, tor schedule ot tees. 
 
33 
 
 When such increase or reduction shall have been made by any 
 such company, the president tnereof shall, under his signature and 
 the common seal of the company, certify the resolution to the sec- 
 retary of state; and the secretary of state, under his hand and the 
 great seal of this state, shall issue, to the company so making such 
 increase or reduction, a certificate reciting the resolution and de- 
 claring the proposed increase or reduction to be authorized by law, 
 which certificate shall be received in all courts and places as evi- 
 dence of the change in the number or par value of the shares of the 
 capital stock of such company, and of .the authority to increase or 
 reduce the same. [Code 1887, ch. 54, S 22 ] 
 
 Meetings arid Prir|cipal Office. 
 
 The stockholders or directors of any corporati(m formed under or 
 accepting the provisions of this chapter, may hold meetings for the 
 transaction of the lawful business of the corporation, including the 
 first general meeting for purposes of organization, out of this 
 state, and may keep their principal office in any state or territory 
 of the United States, or in the District of Columbia. But no meet- 
 ing shall be held out of this state without the concurrence of per- 
 sons holding a majority in value of the stock of the company, nor 
 without reasonable notice [Code 1887, ch. 54, § 23.] 
 
 Po^er of flttorriey to Accept Service of Process. 
 
 Every such corporation having its principal office or place of busi- 
 ness in this state shall, within thirty days after organization, by 
 power of attorney duly executed, appoint some person residing in 
 the county in this state wherein its business is conducted, to accept 
 service on behalf of said corporation, and upon whom service may 
 be had of any process or notice, and to make such return for and on 
 behalf of said corporation to the assessor of the county or district 
 wherein its business is carried on, as is required by the forty-first 
 section of the twenty-ninth chapter of the code. Every such cor- 
 poration having, its principal office or place of business outside 
 this state shall, within thirty days after organizing, by power of 
 attorney duly executed, appoint some person residing in this state 
 to accept service on behalf of said corporation, and upon whom 
 service may be had of any process or notice, and to make return of 
 its property in this state for taxation as aforesaid. 
 
 The said power of attorney shall be recorded in the office of the 
 clerk of the county court of the county in which the attorney re- 
 sides, and filed and recorded in the office of the secretary of state, 
 and the admission to record of such power of attorney shall be 
 deemed evidence of compliance with the requirements of this sec- 
 tion. 
 
 Corporations heretofore organized may comply with said require- 
 ments at any time within three months after the passage of this act. 
 Any corporation failing to comply with said requirements within six 
 
34 
 
 months after the passage of this aot shall forfeit not less than two 
 hundred nor more than five hundred dollars, and shall, moreover, 
 during the continuance of buch failure, be deemed a non-resident of 
 thi^ state; and its property, real and personal, shall be liable to at- 
 tachment in like manner as the property of non-resident defendants; 
 any corporation failing so to comply within twelve months after the 
 passage of this act shall, by reason of such failure, forfeit its charter 
 to the state, and the provisions of section eight, chapter twenty, acts 
 one thousand eight hundred and eighty-five, relative to notice and 
 publication, shall apply thereto. [Code 1887, ch. 54, § 24.] 
 
 Taxatiori of- Corporatioris. 
 
 He (the assessor) shall ascertain from the proper officers or agents 
 of all incorporated companies in his district (except railroads and 
 foreign insurance, telegraph and express companies), the actual 
 value of the capital employed or invested by them in their trade or 
 business (exclusive of real estate and property exempt by law from 
 taxation), and enter the same in his personal property book. The 
 real estate of such companies shall be assessed and entered in the 
 land book as in other casea The value of the capital shall be esti- 
 mated by taking the aggregate value of all the personal property of 
 the company, not exempt from taxation, wherever situated, includ- 
 ing their money, credits and investments, whether in or out of the 
 state, and deducting from the said money, credits and investments, 
 and not trom said aggregate, what they owe to others as principal 
 debtors. If a company have branches, each branch shall be as- 
 sessed separately iu the district where the principal office for trans- 
 acting its financial concerns is located, or if there be no such office^ 
 then in the district where its operations are carried on. All prop- 
 erty of navigation companies and other joint stock transportation 
 companies (except railroads), whether real or personal, shall be 
 taxed in the county and district wherein such property is situated, 
 and'all locks and dams of navigation companies shall be assessed 
 and taxed as real estate, in the county in which said locks and dams 
 are situated, and it shall be the duty of the assessor of each district 
 to assess such property as hereinbefore directed. When the capital 
 of a company is assessed as aforesaid, the per^ional property 
 thereof, which shall not be held to include the locks or dams of a 
 navigation company, shall not be otherwise assessed, nor shall any 
 individual shareholder or partner therein be required to list or be 
 assessed with his share, portion or interest, in the said capital, i Code 
 1887, ch. 29, § 64 ] 
 
 Sale of Property arid WorKs of Corporatioris Otl^er ti\aT\ 
 Railroad Coir\pariies. 
 
 Whenever there has been since the first day of February, one 
 thousand eight hundred and seventy-seven, or shall hereafter be, a 
 sale of the works and property of any corporation, other than a rail- 
 
35 
 
 road corporation, under a decree, mortgage or trust deed, and there 
 be a conveyance to the purchaser of the same, said purchaser or 
 purchasers shall become a corporation in the same manner and be 
 entitled to the franchises of the old corporation in the same manner 
 as is provided for railroad corporations in such cases in section 
 seventy-two of this chapter, and the old corporation shall be ijiso 
 facto dissolved. But the purchaser at said sale shall not obtain the 
 works constructed, or property acquired, after ihe making of the 
 said deed of trust or mortgage. [Code L887, ch. 54, § 82. J 
 
 INCORPORATION OF BUILDING AND LOAN 
 ASSOCIATIONS. 
 
 ITiIrqber of Iricorporators arid Rigt|ts arid Powers, 
 
 Any number of persons, not less than nine, may form a building 
 and loan association for the purpose af encouraging industry, fru- 
 gality and home building, and saving among its members. Building 
 a;nd'loan associations formed under this chapter shall have the right 
 and power of loaning -to the stockholders thereof, the moneys ac- 
 cumulated from time to time, as well as the right and power to pur- 
 chase land or erect houses, and to sell, convey, lease .or mortgage 
 the same at their pleasure, to their stockholders, or others for the 
 benefit of their stockholders. Such associations may acquire, hold, 
 convey and encumber all such property, real and personal, as may, 
 be taken as Stcurity, or may be otherwise transferred to it in the 
 due course of its business, and may secure the' payment of loans 
 and the performance of the other conditions upon which loans are 
 to be made, or the payment of the purchase money for any property 
 sold, by taking personal security, or by a mortgage or deed of trust 
 upon real or personal property, or by a transfer or pledge of its 
 stock. [Code 1887, ch. 54, § 25, as amended by ch. 79, acts 1891.] 
 
 Loaris and PrerqiLlrqs, 
 
 Every such association shall have the power to provide by its by- 
 laws for selling to the stockholders who shall bid the highest pre- 
 mium therefor, the money in the treasury, or in- default of bid- 
 ders at or above a minimum premium, may award to a member the 
 value of any shares held by him less such minimum premium; the 
 minimum premium, and the mode of making the award to be fixed 
 by the by-laws. Or such association may charge and receive the 
 
36 
 
 premium bid by astotkholder for the priority of right to such loans, 
 in periodical instalments; but the by-laws ol' every association shall 
 f=et forth whethei the premium bid for the prior right toaioan shall 
 be deducted thei'el'rom in advance, or be paid in periodical instal- 
 ments. But whether the premium be deducted from the loan, or 
 paid in periodical instalments, the transaction shall not be deemed 
 usurious, although any and all dues, fines, prefniums and interest 
 shall exceed the legal rate of interest on the amount of money re- 
 ceived by the stockholders. [Code 1887, ch. 54, § 26. as amended 
 by ch. 79, acts 1891.] 
 
 Dues, Interest ax\d Firies. 
 
 Every euch association may leyy, assess and collect from its 
 stockholders, periodical dues upon every share of its stock; the 
 amount of such dues to be fixed by the by-laws, but no periodical 
 payment to exceed two dollars upon each share; and said stock may 
 be paid off and retired as the by-laws shall direct, and may levy, 
 assess and collect from members to whom loans have been made, 
 interest upon the par value ©f the shares so loaned; and may levy, 
 assess and collect fines for the non-payment of periodical dues, or 
 for failure to comply with or perform any other obligation or duty 
 to the association. The amount of the respective fines shall be 
 fixed by the by-laws, and they shall be imposed under regulations 
 to be made by the by-laws; but such fines shall be uniform, and 
 where they are imposed for default in the payment of dues, shall be 
 in proportion to the amount of the dues for the failure to pay 
 which they are imposed ; but no member shall be fined more than 
 once for the same default. [Code 1887, ch. 64, § 27, as amended 
 by ch. 79, acts 1891.] 
 
 Paynqerit of Loaris, 'Witixdra^t^al ar\d Default of StocK- 
 
 l\old.ers. 
 
 A borrower from such association may repay the loan at any time ; 
 and in case of the repayment thereof before the maturity of the 
 shares pledged for said loan, there shall be refunded to such bor- 
 rower, in case the prernium shall have been deducted in advance, 
 such proportions of the premium bid as the by-laws may determine; 
 but the borrower shall receive the withdrawing value of the shares 
 pledged for said loan, and the shares shall revert back to the asso- 
 ciation. Stockholders withdrawing voluntarily shall receive such 
 proportions of the profits of the association, or such rate of interest 
 as may be prescribed by the by-laws. In case of default of a bor- 
 rower to pay dues, interest or premium, for the period oi three 
 months, payment of the same, together with the full principal of 
 the loan, may be enforced by proceedings on the securities accord- 
 ing to law ; and the money so received shall be paid into the treas 
 ury of the association ; and if the moneys so recovered shall exceed 
 the amount it would have required to repay the loan under the first 
 
37 
 
 part of this section, together with all the expenses incurred by the 
 association, such excess shall be paid to such borrower. [Code 1887, 
 ch. 54, § 28, as amended by ch. 79, acts 1891.] 
 
 By-Laws ar|d Hrticles of Goverrirrier|t, 
 
 Every such association shall adopt by-laws, which shall embrace 
 all the provisions of the four preceding sections, and such further 
 provisions for its government and the management nf its business, 
 not inconsistent with these sections, as it may deem proper. [Code 
 1887, ch. 54, § 29.] 
 
 FOREIGN CORPORATIONS. 
 
 ReqTliren\erits, Rigl^ts, PoM^ers arid Privileges of Foreign 
 
 Corporatioris. 
 
 Any corporation duly incorporated by the laws of any state, or 
 territory of the United States, or of the District of Columbia, or of 
 any foreign country, may, unless it be otherwise expressly provided, 
 hold property and transact business in this state, tipon complying 
 with the requirements of this section, and not otherwise. Such cor- 
 poration so complying shall have the same rights, powers and 
 privileges, and be subject to the same legulations, restrictions and 
 liabilities that are conferred and imposed by this and the fifty- 
 second and fifty -third chapters of this code, and by chapter twenty 
 of the acts of one thousand eight hundred and eighty-five, on cor- 
 porations chartered under the laws of this state. Every such cor- 
 poration shall file with the secretary of state a copy of its articles 
 of association and of the law and authority under which it is incor- 
 porated The secretary of state shall issue to every such cor- 
 poration complying with the provisions of this section a certificate 
 of the fact of its having done so, which certificate shall be filed 
 and recorded in the ofiioe of the clerk «f the county court of the 
 county, or one cf the counties, in which its business is conducted. 
 Such corporation shall also file, in the said clerk's ofiice, a copy of 
 its charter, to be kept and preserved therein. Everv railroad cor- 
 poration doing business in this state under the provisions of this 
 section, or under charters granted or laws passed by the state of 
 Virginia, or this state, is hereby declared to be, as to its works, 
 property, operations, transactions and business in this state, a do- 
 mestic corporation, and shall be so held and treated in all suits and 
 legal proceedings which may be commenced or carried on by or 
 against any such railroad corporation, as well as in all other matters 
 relating to such corporations. No railroad corporation which has a 
 
38 
 
 charter or any corporate authority from any other state, shall do 
 biisiness in this state as the lessee of the works, property or fran- 
 r'.hises of any other corporation or person, or otherwise ; or bring or 
 maintain any action, suit or proceeding in this state, until it shall, 
 in addition to what is hereinbefore required, file in the office of the 
 secretary of state, a writing, duly executed under its corporate seal, 
 accepting the provisions of this section and agreeing to be governed 
 thereby, and its failure so to do may he pleaded in abatement of 
 any such action, suit or proceeding; but nothing herein contained 
 shall be construed to lessen the liability of any corporation, which 
 may not have complied with the requirements of this section, 
 upon any contract or for any wrong Every such corporation which 
 shall do business in this state, without having complied with the 
 provisions of this section, shall be guilty of a misdemeanor and 
 upon conviction thereof shall be fined not jless than five hundred 
 dollars nor more than one thousand dollars for each month its fail- 
 ure so to comply shall continue. Prosecutions under this section 
 shall be in the county in which the seat of government is. For 
 every certificate issued under this section the secretary of state shall 
 be paid by the corporation a fee of five dollars. [Code 1887, ch. 64, 
 § 30.] 
 
 INCORPORATION AND REGULATION OF 
 RAILROAD COMPANIES. 
 
 Nunqber of Corporators. 
 
 Any number of persons, not less than five, may become a corpo- 
 ration for the purpose of constructing and operating a railroad in thif 
 state, as hereinafter provided. [Code 1887, ch. 54, § 31.] 
 
 Forrr\ of Hrticles of Iricorporatiori, 
 
 The persons desiring to form such corporation shall adopt, sigi 
 and acknowledge for record, articles of incorporation, in form oi 
 effect, as follows: 
 
 "We, whose names are hereto subscribed, desiring to become £ 
 corporation for the purpose of constructing and operating a railroac 
 in the state of West Virginia, do hereby adopt these articles of in 
 corporation for that purpose: 
 
 First. The name of the corporation shall be the com 
 
 pany. 
 
 Second. The railroad which this corporation proposes to build wil 
 
39 
 
 commence at or near — , in the county of ■ , and run 
 
 thence by the most practicable route to a point at or near -, in 
 
 the county of . 
 
 Third. The principal business offico of this corporation will be at 
 -, in the county (or city) of , in the state of . 
 
 Fourth. This corporation shall continue perpetually. 
 
 Fifth The capital stock of this company shall be dollars, 
 
 divided into shares of dollars each. 
 
 Sixth. The names and places of residence of the^ persons forming 
 this corporation, and the number of shares of stock sub^^cribed by 
 
 each, are, as follows: A B , county (or city) of , state 
 
 of , — in shares and so on, giving the names and residence 
 
 of all the parties and the number of shares of stock subscribed by 
 each. [Code 1887, eh. 54, § 32] 
 
 Recordatiori of flrticles. 
 
 When said articles;"are adopted and^signed, as prescribed in the 
 next preceding section, and acknowledged by the parties signing 
 the same, in the same manner as deeds are required by law to be 
 acknowledged, they shall be filed and recorded in the ofiice of the 
 secretary of state, and be preserved therein. [Code 1887, ch. 54, 
 §33.] 
 
 Certificate of Secretaiy of State. 
 
 When such articles of incorporation shall have been filed and re- 
 corded as aforesaid, the secretary of state shall issue and deliver to 
 the said 'Corporators his certificate under the great^seal of the state, 
 
 in form and effect as follows: "I A B , hecretary of state 
 
 of the state of West Virginia, do hereby certify that articles of in- 
 corporation, duly signed and acknowledged, have this day been re- 
 corded in my ofiice, which articles of incorporation are in the words 
 and figures following : ''We, etc , (here insert the articles of incor- 
 poration in full.) Wherefore, the corporators named in said articles 
 of incorporation, and who have signed the same, and their succes- 
 sors and assigns, are hereby declared to be, [a corporation by the 
 name, for the purpose and for the length of time set forth in said 
 articles of incorporation. Given under my hand and the great seal 
 
 of the said state, at the seat of government thereof, this day of 
 
 ." When such certificate shall be issued and delivered as 
 
 aforesaid, the corporators named in the articles of- incorporation re- 
 cited therein, and who have signed the same, and their successors 
 and assigns, shall from the date of said certihcate become and be a 
 body corporate as therein stated, and, as such, authorized to pro- 
 ceed to carry into effect the object set forth in said articles of incor- 
 poration in accordance with the provisions of this chapter. As such 
 corporation they shall have perpetual succession, and in their cor- 
 porate name may sue and be sued, plead and be impleaded. Every 
 such corporation shall have and use a common seal, which it may 
 
40 
 
 alter at pleasure. It may declare the interest of its stockholders 
 transferable, and shall make and establish all such by-laws, rules 
 and regulations, not inconsistent with the laws of the United States 
 or of this state, as it may deem necessary for the management of its 
 affairs and the transaction of its business. Any such railroad cor- 
 poration heretofore incorporated under the provisions of this chap- 
 ter, as amended and re-enacted by chapter seventeen of the acts 
 of one thousand eight hundred and eighty-one, may, if it desire 
 to do so, obtain the certificate hereinbefore mentioned, which may 
 bear the same date it would have borne if issued at the proper time, 
 but no other additional force or effect shall be conferred on said cor- 
 poration by such certificate than it would have had if such certificate 
 had not been issued And any such railroad corporation may, in 
 the location of its railroad, pass out of this state into any other state, 
 with the assent of such state, and back again into the state, as often 
 as may be found necessary in making such location. [Code 1887, 
 ch. 54, § 34.J 
 
 By-La-ws, Wl)ere Recorded. 
 
 A copy of the by-laws of such corporation when formed and 
 adopted by the stockholders, duly certified, shall be recorded as 
 provided for the recording of the articles of association in section 
 thirty-three of this chapter. And all amendments and additions 
 thereto, duly certified, shall also be recorded as herein provided, 
 within ninety days after the adoption thsreof. [Code 1887, ch. 54, 
 § 35.] 
 
 First M.eetirig of Corporators, 
 
 Every railroad company, incorporated under the provisions of 
 this chapter, shall hold its first meeting for organization and siich 
 other proceedings as might be had at an aunual meeting, at such 
 time and place as the corporators thereof, or a majority of them, 
 may designate, of which time and place a notice shall be published, 
 at least onee in each week for four successive weeks, in some news- 
 paper of general circulation published near the place of such meet- 
 ing, and in two other such newspapers published in the vicinity of 
 the proposed railroad, in this state, for a like period. The stock- 
 holders of such corporation, or such of them as are the owners of a 
 majority of the shares of its capital stock subscribed up to that date 
 shall meet at the time and place mentioned in said notice, and elect 
 a temporary board of directors, consisting of such number as they 
 may see fit, who shall hold their office until their successors are 
 elected, as hereinafter provided. But, before any such meeting is 
 held, the said corporators shall open books of subscription, at such 
 places and under the direction of such persons as a majority oi 
 them may direct, for the purpose of receiving subscriptions to the 
 capital stock of such company ; and at least one-twentieth of th{ 
 said stock, including the shares subscribed by the corporators, must 
 
41 
 
 have been subscribed for, and ten per cent, actually and in good 
 faith paid in on each share of stock so subscribed for. A majority 
 of the directors elected at such meeting shall constitute a quorum 
 for the transaction of businesp, and they shall, as soon as practica- 
 ble after their election, meet and organize by the appointment (from 
 their own body) of a president andsuch other officers as they may deem 
 necessary, who shall hold their offices until the election of a board 
 of directors under the provisions of section thirty-eight of this chap- 
 ter. The stockholders shall, at the meeting herein provided for, 
 appoint the time and place at which the first annual meeting of the 
 stockholders of such corporation shall be held, and designate the 
 place at which the principal office or place of business shall he kept 
 until otherwise ordered, and may do and perform all other business 
 necessary and proper to be done, under the law, at a stockholders' 
 meeting. [Code 1887, ch. 54, § 36] 
 
 flppoiritirierit of figerit to llccept Service of Process. 
 
 Every such corporation shall, within one hundred days after or- 
 ganizing, by power of attorney duly executed, appoint some person 
 resid'ing in the county in this state wherein it has the office men- 
 tioned in the next preceding section, to accept service on behalf of 
 said corporation of any procews or notice ; the said power of attorney 
 shall be filed and recorded in the office of the clerk of the county 
 court of the county in which the attorney resides, and the admission 
 to record of such power of attorney shall be deemed evidence of a 
 compliance with the requirements of this section ; and whether such 
 agent accept the agency or not, the service of process upon such 
 person so appointed shall be legal and binding on the corporation. ' 
 Any such corporation failing to comply with such requirements 
 shall, during the continuance of such failure, forfeit not less than 
 five hundred nor more than one thousand dollars for every six 
 months that such failure continues; and its property, real and per 
 sonal, shall be liable to attachment in like manner as the property 
 of non-resident defendants. [Code 1887, ch. 54, § 37.] 
 
 Election of Directors, Stateir|er|ts, Etc, 
 
 At the first annual meeting of the stockholders of such corpora- 
 tion, held in pursuance of the thirty-sixth section of this chapter 
 and at every annual meeting of said stockholders thereafter held, a 
 board of directors thereof shall be elected consisting of not less than 
 five nor more than thirteen of the stockholders of said corporation a 
 majority of whom, unless otherwise provided in the by-laws, shall 
 constitute a quorum for the transaction of business; and all the cor- 
 porate powers of such corporation shall be vested in and exercised 
 by said board of directors. If for any cause an election for direct- 
 ors shall not be made at the proper time, such election may be 
 made at a special meeting of the stockholders called in pursuance 
 of the next section. The number of such directors, the manner of 
 
4'2 
 
 their election and removal from office, and the mode of filling vacan- 
 cies in the board, shall be prescribed by the by-lawp, and shall not 
 be changed, except at the annual meeting of the stockholders. 
 And at every such annual meeting of the stockholders of such cor- 
 poration, after the first, it shall be the duty of the president and di- 
 rectors to exhibit a full, distinct and accurate statement of the af- 
 fairs of the said carporation; and at any meeting of the stockhold- 
 ers a majority of those present in person or by proxy may require 
 similar statements from the president and directors, whose duty it 
 shall be to furnish such statements, when required, in mannerafore- 
 said; and at all general meetings of the stockholders a majority in 
 value of the stock of any corporation may fix the rates of interest 
 which shall be paid by the corporation for loans for the construc- 
 tion of such railroad and its appendages, and the amount of such 
 loans. All stockholders shall, at reasonable hours, have access to 
 and may examine all the books, records and papers of such corpor- 
 ation. [Code 1887, ch. 54, § 38.] 
 
 Special iVLeetirig of StocKtlolders, 
 
 A special meeting of the stockholders of such corporation cfiny be 
 called at any time during the interval between the annual meetings, 
 by a majority of the directors, or by the stockholders owning not 
 less than one-fourth of the stock, by giving thirty days public notice 
 of the time and place of such meeting in some newspaper of gen- 
 eral circulation published near the principal oflSce or place of business 
 of the corporation, and in at least two other newspapers published 
 in the vicinity of the line of the proposed railroad in this state. 
 Provided^ That if at any such special meeting so called a majority 
 in value of the stock equal to two-thirds of the stock of such cor- 
 poration shall not be represented in person or by proxy, such meet- 
 ing shall be adjourned from day to day, not exceeding ten days, 
 without transacting any business; and if, within ten days, two- 
 thirds in value of such stock shall not be represented at such meet- 
 ing, then the meeting shalL.be adjourned, and a new call may be 
 given and notified as herein provided. [Code 1887, ch. 54, § 39.] 
 
 Regular iVLeetirig ; Principal Office. 
 
 The meeting of the stockholders of such corporation, and of the 
 board of directors thereof, shall be held at such place, in or out of 
 this state, and the annual meeting of said stockholders shall be held 
 at such time as the stockholders shall at an annual meeting pre- 
 scribe; but in case no time for such annual meeting be so pre- 
 scribed, it shall be held on the second Wednenday in Janunry in 
 each year. The principal office or place of business of such cor- 
 poration shall be held at such place, in or out of this state, as the 
 "stockholders thereof at an annual meeting may fix and determine. 
 But every such corporation shall have and maintain an office or 
 place of business in this state, for the transaction of its business, 
 
43 
 
 where an exhibit of the transfers of all its stocks shall be kept, 
 and in which shall be kept, for the inspection of any officer or 
 stockholder, hooks wheiein shall be recorded the amount of capital 
 stock subscribed, and by whom; the names of the owners of its 
 stock ; the number of shares held by each person, and the amounts 
 owned by them respectively; the amount of stock paid in, and by 
 whom ; the transfers of said stock ; the amount of its assets and lia- 
 bilities, and the names and places of residence of all its officers. 
 [Code 1887, ch. 54, § 40.] 
 
 Failure to Elect Directors. 
 
 Such corporations shall not be dissolved by reason of a failure to 
 elect directors on the day designated by the bylaws, if within six 
 months thereafter such election be made as provided for in the 
 thirty-eighth section of this chapter. [Code 1887, ch. 54, § 41.] 
 
 Officers. 
 
 There shall be a president of such corporation, who shall h°, chosen 
 by and from the board of directors, and such other subordinate offi- 
 cers as such corporation, by its by-laws, may designate, who may 
 be elected or appointed and shall perform !-uch duties, and be re- 
 quired to give such security for the faithful performance thereof as 
 such corporation, by its by-laws, shall require. Provided, That it 
 shall require a majority of the directors to elect or appoint any offi- 
 cer and fix his compensation. [Code 1887, ch. 54, § 42] 
 
 Paynqerit of Stock;. 
 
 The directors of such corporation may require the subscribers to 
 the capital stock thereof to pay the amount by them respectively 
 subscribed, in such manner and in such instalments as they may 
 deem proper. If any stockholder shall neglect to pay any instal- 
 ment, as required by a r-solution or order of such board of directors, 
 the said board shall be authorized to declare such stock, and all 
 previous payments thereon, forfeited for the use of the corporation ; 
 but the said board of directors shall not declare such stock so forfeited 
 until they shall have caused a notice, in writing, to be served on 
 such stockholders personally, or by depositing the same in a post- 
 office, properly addressed to the postdffice address of such stock- 
 holder, or, if he be dead, to his legal representatives, with neces- 
 sary postag3 for its transmittal properly prepaid, stating therein 
 that, in accordance with such resolution or order, he is requested to 
 make such payment, at a time and place and in the manner to be 
 specified in such notice; and that if he fails to make the same in 
 the manner requested, his stock and all previous payments thereon 
 shall be forfeited for the use of such corporation ; ■ and thereafter 
 suca corporation, should default of payment be made, may sell the 
 same and issue new certificates of stock therefor. Provided, That 
 
44 
 
 the notice as aforesaid shall be personally served or duly deposited, 
 as herein required, at least sixty days previous to the day on which 
 Buch payment is required to be made. [Code 1887, ch 54, § 43] 
 
 StocK of Corporatiori Personal Property ; Trarisfers 
 
 Ttiereof, Etc. 
 
 The stock of every such corporation shall be deemed personal prop- 
 erty, and shall be transferable in such manner as may be prescril)ed 
 in the by-laws of the corporation. But no shares shall be transfer- 
 able without the consent of the board of directors until all previ- 
 ous calls thereon shall have been paid. [Code 1887, ch. 54, § 44.] 
 
 Capital StocK rqay be Iricreased. 
 
 If the capital stock of any such corporBtion be insufficient for the 
 purpose for which it was incorporated, the same may be increased 
 at any annual meeting of such stockholders, or at any special meet- 
 ing thereof ealled for the purpose by the board of directors. Il at 
 any such meeting two-th:rds in amount of all the stock of such cor- 
 poration, represented by the holders thereof in person or by proxy, 
 shall agree to such increase, the same shall be increased to such 
 amount as said stockholders may deem necessary for the purpose of 
 the corporation. But a notice of the time and place of every such 
 special meeting, and of the purpose for which it was called, must be 
 published at least once in each week, for four successive weeks, in 
 some newspaper of general circulation published in the vicinity of 
 theprincipal office or place of businessof the corporation, and, in like 
 manner and for a like period, in at least two other newpapers 
 published in the vicinity of the line of the railroad of such corpora- 
 tion within this state. But no other business shall be transacted at 
 any such special meeting than that for which it was called. Provided, 
 That the powers authorized by this section, and by the eleventh and 
 twelfth clauses of section fifty of this chapter, may be exercised at 
 any meeting of stockholders called or assented to in writing by all 
 the stockholders. Every order or resolution increasing the capital 
 s+ock of such corporation shall be recorded as required by section 
 thirty-three of this chapter. [Code 1887, ch. 64, § 45.] 
 
 Liability of Executor's, etc. 
 
 No person holding stock in any such corporation as executor, ad- 
 ministrator, guardian or trustee, and no person holding such stock 
 as collateral security, shall be personally subject to any liability as 
 stockholder of such corporation; but the person pledging the stock 
 shall be considered as holding the same, and shall be liable as a 
 stockholder accordinglj . [Code 1887, ch. 54, § 46.] 
 
46 
 
 Liability of StocKtloldei's, 
 
 Each subscriber , to the stock ot any railroad corporation formed 
 under this chapter, or any other general Jaw of the state, shall be 
 held individually liable to the creditors thereof for any sum remain- 
 ing unpaid on the stock subscribed for by him, and no more, for the 
 payment of any debts or liabilities of such corporation. But no 
 person holding any suc^h stock by purchase and assignment from 
 another, or who shall purchase any such stock at a public sale 
 thereof, or who shall receive any such stock on payment of any debt 
 or demand against such corporation, shall be liable to the creditors 
 of such company for any sum whatever, which may be due or un- 
 paid on such stock, or any part thereof due from another. [Code 
 1887, ch. 54, § 47.] 
 
 Corideii\r\atiori of Real Estate. 
 
 If any such corporation shall be unable to agree with the owner 
 of any real estate for the purchase thereof for its corporate purposes, 
 it may have such real estate condemned for such purposes, under 
 the provisions of chapter forty-two of this code. Any such corpora- 
 tion may take and hold, under any grant or ordinance made by a 
 municipal corporation, any interest or right such municipal cor- 
 poration may have in any street, a'ley or public ground, and may 
 in exchange therefor, in whole or in part, dedicate or otherwise se- 
 cure to public use another street, alley or parcel of ground out of 
 real estate owned by such railroad corporation, whether acquired by 
 purchase or condemation; or under an agreement with such muni- 
 cipal corporation, may condemn land for use as such new street, 
 alley or public ground, in the same manner as it may condemn land 
 for its own use. The county court of any county may authorize 
 any telegraph or telephone company, organized under this chapter, 
 to erect and maintain telegraph or telephone poles on any land con- 
 demned or used as a public road, but not in such way as to obstruct 
 any such road. But this section shall not apply to the National or 
 Cumberland road. [Code 1887, ch. 54, § 48, as amended by ch. 34, 
 acts 1891.J 
 
 Ho-W Corporatioris Kay Tal^e Materials Frorq Lar\d. 
 
 Every such corporation may, by its agents and employes, enter 
 upon and take from any land adjacent to its roads, wood, earth, 
 gravel, shale or stone, necessary to be used in constructing its rail- 
 road, and in repairing, altering or enlarging the same, as provided 
 in section fourteen of chapter fifty-two of this code, and all the pro- 
 visions of said section shall be applicable to such proceeding. But 
 if any such tenant, as is mentioned in said section, upon the report 
 of the commissioneis being returned to the circuit court, except 
 thereto and demand that the compensation to which he is entitled 
 be fixed by a jury, the question shall be tried by a jury, as provided 
 
46 
 
 in sec^tion seventeen of chapter forty-two of this code. [Code 1887, 
 ch.54, §49] 
 
 Gerieral Po-Wers of Corpomtioris- 
 
 Every corporation formed under this cliapter shall, in addition 
 to the powers hereinbefore conferred, have power : 
 
 First. - To cause such examination and survey for its proposed 
 railroad to be made as may be necessary to the selection of the most 
 advantageous route, and for such purpose by its officers, agents, en- 
 gineers or employes, may enter upon the lands or waters of any 
 person or corporation ; but subject to responsibility for all damages 
 which may be occasioned thereby. 
 
 Second. To take and hold such voluntary grants of real estate 
 and other propeity as shall be made to it, in aid of the construction 
 and use of its railroad, and to sell and convey the same, when no 
 longer required for the uses ol such railroad, not incompatible with 
 the terms of the original grant. 
 
 Third,. — To purchase, hold and use all such real estate and other 
 property as may be necessary for the construction and use of its 
 railroad, and the stations and accommodations necessary to accom- 
 plish the object of its incorporation, and to sell and convey the same 
 when no longer required for the use of such railroad. 
 
 Fourth.- -"^o lay out its road, not exceedipg one hundred feet in 
 width, and to construct the same ; and for the purpose of excava- 
 tions anil embankments, to take a.s much more land as may be nec- 
 essary for the proper construction, repair and security of the rail- 
 road ; and to cut down any standing trees that may be in danger of 
 falling 'ipon or obstructing the railroad, making compensation 
 therefor in the manner prescribed by section lorty-nine of this 
 chapter. 
 
 Fifth. — To change the grade or location, or general route or ter- 
 mini of its proposed railroad, at any time before the same has been 
 completed, and to adopt a new line, location or route for the same, 
 for the purpose of avoiding annoyance to public travel, or danger- 
 ous or difficult curves or grades, or unsale, impracticable or unsub- 
 stantial or expensive, or otherwise undesirable locations, routes, 
 grounds, or foundations, or for other reasonable cause But such 
 change shall only be made when it has been heretofore, or shall be 
 hereafter, authorized by a majority of two-thirds of all the stock- 
 holders of such corporation voting thereon, at an annual or special 
 meeting of the stockholders, and it shall operate a release of the 
 right of such corporation to build on the abandoned location, and 
 the order or resolution of the stockholders authorizing such change 
 shall be certified by the corporation to the secretary of the state 
 and recorded as provided in section thirty-three of chapter fifty -four 
 
47 
 
 of the code. And all the provisions of said chapter shall apply to 
 such new route, location, grade and line, of said railroad. 
 
 Sixth — To construct its railroad across, along or upon, any 
 stream of water, watercourse, street, highway, road, turnpike or 
 canal, which the route of such railroad shall intersect or touch; but 
 such corporation shall restore the stream, watercourse, street, high- 
 way, road, turnpike or canel, thus intersected or touched, to its 
 former state, or to such state as not unnecessarily to have impaired 
 its usefulness, and to keep such crossing in repair. Nothing in 
 this chapter contained shall be construed to authorize the erection 
 of any bridge or any other obstruction across or over any stream 
 navigable by steamboats, at the place where any bridge or other 
 obstruction may be proposed or placed, so as to prevent the naviga- 
 tion of such stream; nor to authorize the construction of any railroad 
 upon or across any street, in the inhabited portion of the city, or 
 incorporated town or village, without the assent of the corporation 
 of such city, town or village. Provided, That any company running- 
 its railroad through or within half a mile of a town or village within 
 this state, containing three hundred or more inhabitants, shall es- 
 tablish a station for the accommodation of trade and travel of such 
 town or village, SLwd, provided fwther, that in case of the construc- 
 tion of said railroad along highways, roads, turnpikes or canals, 
 such railroad shall either first obtain the consent of the lawful auth- 
 orities having control or jurisdiction of the same, or condemn the 
 same under the provisions of section forty-eight of this chapter. 
 And, provided further, that nothing in this chapter shall be con- 
 strued to authorize the incorporation of any railroad company, the 
 purpose and effect of which is to connect two other railroads, and 
 thereby abandon as through routes any city or town of this state, 
 which is the terminus of either or both of said railroads, without 
 the consent of such city or town. 
 
 Seventh. — To cross at grade, or to crosss over or under, intersect, 
 join and unite its railroad with any other railroad now built and 
 constructed, or hereafter to be built and constructed, within this 
 state at any point on its route, and upon the grounds of such other 
 railroad company, with the necessary turnouts, sidings and switches, 
 and other conveniences in furtherance of the objects of its connec- 
 tions, and every corporation whose railroad is, or shall be hereafter 
 intersected by any new railroad, shall unite with the corporation 
 owning such new railroad in forming such intersection and connec- 
 tions and grant the facilities aforesaid; and if the two corporations 
 cannot agree upon the amount of compensation to be made there- 
 for, or the points and manner of such crossing and connections, the 
 same shall be ascertained and determined in the manner prescribed 
 by section forty-eight of this chapter. 
 
 Eighth. — To receive and convey persons and property on its rail- 
 road by the power and force of steam or animals, or by any mechan- 
 ical power. 
 
48 
 
 Ninth. — To erect and maintain all necessary and convenient 
 buildings and stations, fixtures and machinery for such cinnections, 
 constructions, transfer, accommodation and use of passengers, 
 freights and business interests, or which may be necessary lor the 
 construction or operation and repair of said railroad, its track, road- 
 way and machinery. 
 
 Tenth. — To regulate the time and manner in which passengers 
 and property shall be transported, and the compensation to be paid 
 therefor, subject, nevertheless, to the provisions of any law that has 
 been or may be hereafter enacted. 
 
 Eleventh. — From time to, time to borrow such sums of money as 
 may be necessary for completing, finishing, improving or operating 
 any such railroad; and to issue bonds, bills of credit or indebtedness 
 and preferred stock, and dispose of the same for any amount so 
 borrowed ; and to mortgage its corporate property and franchises to 
 secure the payment of any debt contracted by such corporation for 
 the purpose aforesaid ; but the concurrence of the holders of two- 
 thirds in amount of the stock of such corporation, to be expressed 
 in the manner and under the conditions provided in section forty- 
 five of this chapter, shall be necessary to the validity of any such 
 mortgage; and the order or resolution for such mortgage shall be 
 recorded as provided in section thirty-five of this chapter; and the 
 directors of such corporation shall be empowered, in pursuance of 
 any such order or resolution, to confer on any holder of any such 
 bond for rnoney, so borrowed, as aforesaid, the right to convert the 
 principal due or owing thereon into stock of such corporation at any 
 time, not exceeding ten years after the date of such bond, under 
 such regulations as may be provided in the by-laws of such corpora- 
 tion. 
 
 Twelfth. — To mortage its property, real and personal, and its 
 franchises, to secure any bonds or stock issued by such corporation 
 for any of the purposes designated in the fifty-second section of this 
 chapter i^Code 1887, ch. 54, § 50.] 
 
 RoUirig Stock, Etc., to be Persorial Property, 
 
 The rolling stock and all other movable property belonging to 
 any such corporation, shall be considered personal property, and 
 shall be liable to execution and sale in the same manner as the per- 
 sonal property of individuals. fCode 1887, ch. 54, 5^ 51. ] 
 
 Issue of StocK, Borids, Etci^Wljeri Yoid. 
 
 Every such railroad corporation may sell, issue and transfer its 
 stock or bonds, or both, for land, money, labor, property or other 
 materials to be used for the purposes for which the corporation was 
 formed, and especially for the construction and equipment of its 
 railroad ; and in case it be found necessary to do so, it may sell and 
 
49 
 
 dispose of the same at less than the par value. But no sucli cor- 
 poration shall issue any stock or declare any stock dividend, except 
 as aforesaid, for any sum which shall exceed the net earnings of such 
 corporation, and which shall have heen actually and in good faith 
 applied and invested in and for the purposes of the corporation. 
 All other stock dividends, and all fictitious increase of the capital 
 stock or indebtedness of any such corporation, shall be void. [Cq^P 
 1887, ch. 54, §52.] - 
 
 Exterisiori of Lir\e Beyond Ternqirii; Corisolidatiori of StocK 
 or Merger* ii^itl\ Otlrier Roads, Iveasirig, Etc. 
 
 Any railroad corporation which has been, or shall be, organized 
 under the general laws of this state, or deriving its franchises there 
 from, or organized under special charter, may extend, with con- 
 sent of the stockholders owning a majority of the stock present at 
 any general or special meeting thereof, its line beyond either or both 
 termini named in the articles of incorporation or special charter un- 
 der which its line is located ; and such extension may be located by 
 the most practicable route and may pass out of this state into any 
 other state, with the assent of such state, and back again into this 
 state, as often as may be found necessary in locating such exten- 
 sion; and such corporation may construct, own or operate such ex- 
 tension or extensions in the same manner and to the same extent as 
 if such extension or extensions had been included in the original 
 articles of association or special charter ; /^rovided, however. That any 
 railroad company organized under special charter, by extending its 
 line, shall not carry with it any special privileges guaranteed it under 
 its charter, as to such extension, but only such rights and privilegs 
 as are conferred under the general law; Provided^ That such cor- 
 poration, before commencing any such extension in this state, shall 
 file in the office of the secretary of state a certificate stating the 
 point at or near which such extension in this state shall commence 
 and terminate. No railroad corporation owning or operating a 
 railroad wholly or in part within this state shall consolidate its 
 capital stock with any other railroad running a parallel or competing 
 line, without the consent of the legislature ; but any such railroad 
 corporation whose line of railroad is made or is in process of con- 
 struction, may merge or consolidate with, or lease its railroad or any 
 part thereof for a term of years to any other corporation of this or 
 an adjoining state, owning or operating a "line of railroad comple- 
 ted or in process of construction wholly or partly within this or an 
 adjoining state, and connected directly or by means of an inter- 
 vening railroad or railroads, in order to make a continuous line of 
 railroad to be run and operated with or without changes of cars, or 
 break of bulk, or exchange or transfer of passengers or freight; and 
 may sell to or purchase such connecting line of railroad ; and may 
 adopt another name lor their said road thus merged, consolidated 
 or connected, by filing in the office of the secretary of state a decla- 
 ration of the adoption of such other name; and shall publish such 
 
50 
 
 declaration for pixty days in all newspapers published along the line 
 of such railroad ; but such merger, consolidation or sale shall be 
 made only upon such terms and conditions as shall be agreed to by 
 the stockholdtrs owning a majority of the stock in each of the com- 
 panies so merging, consolidating, purchasing or selling; Provided^ 
 That where two or more railroad companies have been heretofore in- 
 corporated under and by virtue of ihe laws of this state lor the 
 construction of two or more lines of railroad which have been lo- 
 cated or surveyed along the same line between any points or placpp, 
 and each of said corporations have acquired separate and distinct 
 rights and interests under their respective charters, or made or per- 
 formed any work toward the construction of the improvements con- 
 templated by their respective charters, it shall be lawful for the boards 
 of directors of said corporations, with the consent of the stockholders 
 owning a majority of the stock of each of the corporations inter- 
 ested, to merge or consolidate the capital stock of their respective 
 companies, or to consolidate ditierent interests in the same road, 
 upon such terms as they may agree upon ; or for one or more of 
 such corporations to make sale of all their right, title and interest, 
 including the franchises of such corporations, to such other corpo- 
 rations, in such manner as may be deemed advisable; Provided^ 
 however^ That such merger or consolidation or purchase shall not 
 invalidate any action, suit, claim or demand against any or either 
 of the companies vvho are parties thereto ; and any such action, suit, 
 claim or demand shall be held to be in lull force against the com- 
 pany owning such consolidated or merged line of railroad; and in 
 no case shall any consolidation or merger or sale take place, except 
 after sixty days' notice, which notice shall be given in the manner 
 prescribed in section forty- five of ihis chapter, Provid<d, That every 
 railroad corporation doing business in this state under charters 
 granted or laws passed bv the state of Virginia, is hereby declared 
 to be as to its works, property, operations, transactions and busi- 
 ness in this state, a domestic corporation, and shall be so held and 
 treated in all suits and legal proceedings which may be commenced 
 or carried on by or against any such railroad corporation, as well as 
 in all other matters relating to such coperation; but such corporation 
 shall not be required to file a copy of its charter or any writing with 
 the secretary of state as provided in section thirty of chapter fifty- 
 four of the code of West Virginia; and all leases of railroads here- 
 tofore made between railroad companies, as provided in this sec- 
 tion, shall be deemed valid. [Code 1887, ch 54, § 53 as amended 
 by ch. 32, acts 1891. l 
 
 firmual Report to Auditor. 
 
 Every railroad corporation doing business in this state, whether 
 incorporated under a special charter granted by the le<^islature of 
 this or any other state, or under a general law of this or any other 
 state, shall annually report to the auditor, as required by section 
 sixty-seven of chapter twenty-nine of this code, as amended, and for 
 
$1 
 
 a failure to do so, every such corporation so failing shall bq' subject 
 to all the pains, penalties, forfeiture, fines and liabilities impoeVid b;^ 
 said last "named section. Prosecutions under this section ^hall be 
 in the county wherein the seat of government is. [Code 18§7, ch, 
 54, § 54.] 
 
 ■Po'w^ers Reserved to ttie Legisla-tiire. 
 
 The right is reserved to the legislature to enact, from time to 
 time, laws applicable to all the railroad corporations in the state, 
 establishing reasonable maximum rates of charges for the transpor- 
 tation of passengers and freights, and providing for the correction 
 of abuses, the prevention of unjust discriminations between through 
 and local or way freight and passenger tariffs, and for the protec- 
 tion of the just rights of the public. [Code 1887, ch. 54, § 55.] 
 
 Nilrqber of Votes Eaci\ StocKllolder' is Er(titled to — CtliriiJ- 
 
 lative Yotirig. 
 
 In all elections for directors and managers of such railroad cor- 
 porations, every stockholder shall have the right to vote, in person 
 or by proxy, for the number of shares of stock owned by him, for as 
 many persons as there are directors or managers to be elected; or 
 to cumulate said shares and give one candidate as many votes as 
 the number of directors multiplied by the number of his shares of 
 stock shall equal, or to distribute them, on the same pnnciple, 
 among as many candidates as he may think fit; and such directors 
 or managers shall not be elected in any other manner. [Code 1887, 
 ch 54, § 56 ] 
 
 Subscriptioris by Coilrities, Etc, to tl:\e Capital StocK. 
 
 Subscriptions to the capital stock of any such corporation may be 
 made by any county, or any district therein, orany incorporated city, 
 town or village, through, by or near which said railroad is located, 
 in the manner prescribed by section twenty-four of chapter thirty- 
 nine of this code, a'ld all the provisions of said section shall be ap- 
 plicable to such subscriptions; except that when the subi-cription is 
 propo-sed to be made by such city, town or village, the order for tak- 
 ing the vote on the question shall be made by the council thereof, 
 and the election shall be held, superintended and returned, and 
 the result ascertained, in the same manner as elections held therein 
 for municipal ofi&cers If any such subscription be made to the 
 capital stock of such railroad corporation, and such corporation 
 shall afterwards forfeit its charter, or otherwise fail to construct its 
 railroad according to the provisions of its charter, or shall fail to 
 comply with the terms of its agreement with such county, district, 
 city, town or village, under which such subscription has been or 
 shall be made, the subscription so made shall be void. [Code 1887, 
 ch. 54, § 57.] 
 
52 
 
 Mariner of Subscriptior)- 
 
 When the county court of any count}' deems it desirable for the 
 county, or any district or districts thereof, to appropriate money to 
 aid in the construction of a railroad or any other worlc of internal 
 improvement through, by or near such county, district or districts, 
 they may, by an order specifying; the work to which the money is 
 proposed to be appropriated, and the amount of the proposed ap- 
 propriation, cause a vote to be taken upon the question at the sev- 
 eral places of voting in the county, district or districts, at the suc- 
 ceeding general election lor state and county officers; or at ihe 
 school election for school officers, whichever is first held in the 
 county, after such vote is ordered to be taken, or at any special elec- 
 tion that the said county court may deem proper and may orderibr 
 the purpose; but such order must be published^ throughout the 
 county, district or districts, thirty days at least before the poll is 
 taken, as follows : The cleik of the county court shall cause as many 
 copies of such order to be written or printed as may be necessary, 
 and sign the same. He shall forthwith post one of them in a con- 
 spicuous place in his office and one at the front door of the court 
 house, and deliver the others to the sheriff of the county, who shall 
 forthwith post one of said copies in a conspicious place at every 
 place of voting in the county, district or districts. For every 
 one posted he shall have a fee of twenty-five cents out of the county 
 treasury. The court shall direct a copy to be published in one or 
 more newspapers, if any are published in said county. The poll 
 shall thereupon be taken and the result ascertained under the regu- 
 lations prescribed for general school elections for school oflQcers; or 
 if the said vote is taken at a special election ordered for the pur- 
 pose, the same shall be held by commissioners specially appointed 
 for the purpose by the county court at the time the said election is 
 ordered. And the result shall be ascertained and certified accord- 
 ing to the regulations prescribed by law for ascertaining and certi- 
 fying the election of school officers at which no nominations of can- 
 didates for such offices have been made. The ballots used in tak- 
 ing the said poll shall be the same as those used in voting for ofiB- 
 cers at the said general election for state and county officers and 
 school officers, except when the same is taken at a special election, 
 as hereinbefore provided for, and there may be written or printed 
 thereon the words "subscription" or "no subscription," or any other 
 words that will show how the voter intended to vote on the question 
 proposed. If it appear by the said poll that not less than three-filths 
 of the voters of the county, district or districts, who voted upon the 
 question of the proposed appropriation, are in favor of the same 
 the county court will then have authority to cause subscription to be 
 made in the name of the county, dis-trictor districts, to the stock or 
 bonds of any company which will undertake the work, to the amouut 
 proposed, or any less amount, on such terms as they may deem ad- 
 visable, and to provide for the payment thereof by county or dis- 
 trict taxation or loans. The right to the stock or bonds subscribed 
 
5S 
 
 for in pursuance of this section, or any special act of the legislature 
 heretofore passed, shall be vested in the said county, district, or dis- 
 tricts, and the county court thereof shall have authority from tWe 
 to time to appoint a proxy to represent the said stock in iheetings 
 and elections, to be held by the stockholders of the company. The 
 dividends of such stock, or interest on such bonds, shall be collected 
 as the court may order, and be paid into the county treasury; or 
 be paid and credited to the free school fund of the district or dis- 
 tricts where the subscription to stock is made by a district or dis- 
 tricts [Code 1887, ch. 39, § 24.] 
 
 fl.ger]ts to JVLaKe Subscriptiori. 
 
 When any such subscription has been authorized, as aforesaid, 
 the county couit of the county, or the council of the city, town or 
 village (as the case may be), shall appoint an agent to make the sub- 
 scription on the part of such county, district, city, town or village, 
 upon the terms and conditions specified in the order under which 
 the vote is taken. Said subscription shall be paid in cash, or in the 
 coupon bonds of such county, district, city, town or village, bearing 
 interest at a rate not exceeding six per centum per annum, and re- 
 deemable in such time, not exceeding thirty four years, as such 
 court or council may prescribe, which bond shall be received by 
 said corporation at par. The president of the county court shall 
 have power, when so directed by such court, by an order entered 
 of record' therein, to execute and deliver the bonds of his county, or 
 of any district therein, to the corporation to the capital stuck of 
 which such subscription has been made ; and the mayor of any such 
 city, town or village, shall have power, when so directed by an 
 order or resolution of the council thereof, entered of record, to exe- 
 cute and deliver the bonds of such city, town or village to such cor- 
 poration. The bonds of any such county, and of any district therein, 
 shall be valid and binding thereon when signed by the president of 
 the county court of such county, and countersigned by the clerk of 
 such court with the seal of such county attached thereto; and the 
 bonds of any such city, town or village shall be binding thereon 
 when signed by the mayor thereof and countersigned by the re- 
 corder, clerk or other recording officer, with the seal of the corpora- 
 tion attached. [Code 1887, ch. 54, § 58.] 
 
 Levy to Pay Subscriptiori or Loari ar\d Interest. 
 
 At the time the annual levy of any such county, city, town or 
 village, is laid, there shall be a tax levied on all _ the property sub- 
 ject to taxation therein sufficient to pay the amount of such sub- 
 scription, it payable in cash, or to pay the annual interest on the 
 bonds of the county, city, town or village, if bonds be issued, and 
 to create a sinking fund to pay the principal when it shall become 
 due; and in case of such subscription being made by a district of 
 any county, the county court of such county shall levy such tax on 
 
54 
 
 the property subject to taxation in such district. Such taxes shall 
 be collected and accounted for in the manner as other taxes and 
 levies. [Code 1887, ch. 54, § 59. ) 
 
 Rigt^t to ti\e StocK, Ho-W Vested. 
 
 The right to the stock of such company, so subscribed for, shall 
 vest in such county, district, city, town or village making the same, 
 and the county court of the county, or council of the city, town or 
 village shall from time to time, as may be necessary, appoint proxies 
 to represent the stock held by such county, district, city, town or 
 village in the meetings of the stockholders of the company, and 
 also an agent to collect the dividend on such stock; which dividend, 
 when collected, shall be applied annually in diminution of the 
 county, district, city, town or village lew. [Code 1887, ch. 54, 
 § 60.] 
 
 Warriirig of flpproact\irig Trains. 
 
 A bell 01 steam whistle shall be placed on each locomotive engine 
 which shall be rung or wnistled by the engineer or fireman, at the 
 distance of at least sixty rods from the place where the railroad 
 crosses any public street or highway, and be kept ringing or whist- 
 ling for a time sufficient to give due notice of the approach of such 
 train before such street or highway is reached, undtr a penalty of 
 not exceeding one hundred dollars for each neglect, one-half of 
 which shall go to the state and the other to the prosecuting witness; 
 and the corporation owning or operating the railroad shall be liable 
 to any party injured for all damages sustained bj' reason of such neg- 
 lect. Provided, That such penalty shall be sued for within three 
 months from the time the cause of action arises, and not alter. 
 When the tracks of two railroads cross each other, or in any way 
 connect at a common grade, the crossing shall be made and kept'in 
 repair, and watchman maintained thereat, at the joint expense of 
 the companies owning the tracks; all trains or engines passing over 
 sach tracks shall come to a full stop not nearer than two hundred 
 feet nor farther than eight hundred feet from the crossing, and shall 
 not cross until signalled so to do by the watchman, nor until the 
 way is clear; and when two passenger or freight trains approach the 
 crossing at the same time, the train on the road first built shall have 
 precedence, if the tracks are both main tracks over which all passen- 
 gers and freights on the road are transported ; but if only one track 
 is such main track, and the other is a side or depot track, the train 
 on the main track shall have precedence ; and if one of the trains is 
 a passenger train and the other a freight train, the former shall take 
 precedence; and regular trains on time shall take precedence over 
 trains of the same grade not on time; and engines with cars at- 
 tached not on time shall take precedence of engines without cars 
 not on time. [Code 1887, ch. 54, § 61. ] 
 
55 
 
 Boards to be Erected at Crossings. 
 
 Every such corporation shall cause boards to be placed, well sup- 
 ported by posts or otherwise, and constantly maintained, a cross 
 each public road or strei^t, where the same is crossed by the railroad 
 on the same level. Said hoard shall be elevated so as not to ob- 
 struct the travel and be easily seen by travelers; and on each side 
 of said boards shall be pxinted in lesible capital letters "railroad 
 crossing; look out for the locomotive!" Any corporation failing to 
 comply with the provisions of this section within six months after the 
 passage of this chapter, a^ amended, shail, for each crossing at 
 which there is such failure, be fined five dollars for every week the 
 failure may continue. iCode 1887, ch. 54, § 62.] 
 
 Map of Road to be Filed, 
 
 Every such corporation shall, within reasonab'e time after its 
 railroad is located, cause to be made a' map and profile thereof, with 
 the names of the owners of the lands through which it runs, and of 
 the noted places along the same stated thereon, and file the same in 
 the office of the secretary of state, and in the office of the clerk of 
 the county court of each county in which any part of said road is 
 located. [Code 1887, ch. 64, § 65.] 
 
 C]:\arter; Wl\eri arid Ho-W Perfected. 
 
 If any railroad corporation, organized under this act, shall not, 
 within two years after its articles of association shall be filed and 
 recorded as required in section thirty-three of this chapter, begin 
 the construction of its road and expend thereon ten per cent, of the 
 amount of its capital within three years after the date of its organi- 
 zation, or shall not finish its railroad and put it in operation w'thin 
 ten years from the time of filing its articles of association as afore- 
 said, its corporate existence and powers shall cease. But any rail- 
 road company organized under the laws of this state since the first 
 day of June, one thousand eight hundred and eighty, which shall 
 have complied with section eight of chapter twenty of the acts ot one 
 thousand eight hundred and eighty-five, and which shall com- 
 mence the construction of its road within two years after the pass- 
 age of this section as here amended, and shall withJn three years 
 after the passage of the same, actually and in good faith expend 
 thereon ten per cent, of its capital stock actually subscribed, and 
 shall, within ten years thereafter complete its railroad or some part 
 thereof, and put the same or the part so completed into actual op- 
 eration, then and in every such case the corporate existence, fran- 
 chise and powers of such railroad company shall be and remain, so 
 far as the part of said road so completed and operated is concerned, 
 the same a^ though the provisions of section sixty-six, of chapter 
 seventeen of the acts of one thousand eight hundred and eighty- 
 one had been luUy complied with by such company, and no for- 
 
56 
 
 feiture or judgment of ouster shall be rendered against said com- 
 pany, by reason of its failure to comply with said section. 
 
 But if any of said railroad companies shall not, within two years 
 after the passage of this section as amended, begin the construction 
 of its road, and expend thereon ten per cent, of its capital stock, 
 actually subscribed, within three years from said date, and shall not 
 complete its road, or some part thereof, and put the same, or the 
 part so completed, into actual operation within ten years from said 
 date, its corporate existence and powers shall cease, and in case it 
 shall have completed some part thereof only, and put such part 
 into operation, its corporate powers and rights shall cease^ as to all 
 of said proposed road not so completed and put into operation with- 
 in said time. [Code 1887, ch. 54, § 66 ] 
 
 Existing Railroads Subject to ti\is Cl\apter. 
 
 All existing railroad corporations within this state shall respec- 
 tively have and possess all the powers and privileges, and be sub- 
 ject to all the duties and liabilities and provisions contained in this 
 chapter. [Code 1887, ch. 54, § 67.] 
 
 May Receive Doriatioris, Etc., arid Subscriptions iri Larid: 
 
 All railroad companies organized or constructed under the pro- 
 visions of this chapter may, and they shall havi^ power and au- 
 thority to receive donations and devises of lands, property and ma- 
 terials, and to receive subscriptions to their capital stock, payable in 
 lands, property, materials, work, labor and otherwise, upon such terms 
 and conditions as the directors and owners may agree and deter- 
 mine; and may also receive, purchase and hold real estate as a basis 
 for the construction of the railroad of any such corporation, and to 
 issue stocks or bonds or both, for the payment of the same, upon 
 such terms and conditions as the stockholders, directors or owner.'' 
 thereof may agree upon and determine, and to sell and convey such 
 real estate upon such terms and conditions as the corporation may 
 authorize. [Code 1887, ch. 54, g 68.] 
 
 Lateral Roads, Braricties arid Telegrapti Lir\es. 
 
 Any railroad company organized under this chapter may build 
 and construct lateral and branch roads, or tramways, and of any 
 gauge whatever, not exceeding fifty miles in length, and may build 
 planes and gravity roads, use and operate any part or portion of 
 their said main line and branch or branches when completed, the 
 same as though the whole of their said proposed railroad was fully 
 completed ; and in the construction of their bridges across any river 
 or navigable stream may provide for the passage of wagons or other 
 travel, cellecting tolls therefor as pri-scribed by law ; and may erect 
 and operate a telegraph line Or lines, with the right to use, control 
 and operate the same along the line of their said railroad and 
 
57 
 
 branches, and connecting with any of their said works, offices and 
 improvements. [Code 1887, ch. 54, § 69.] 
 
 General Laws to Apply, so far as Not Iricoriststerit. 
 
 All laws of a general nature in relation to railroad corporations 
 now in force in this state, so far as they are not inconsistent with the 
 provisions of this chapter, in relation to such corporations, shall re- 
 main in force and be applicable to the railroad corporations organ- 
 ised under this chapter; and any railroad corporation incorporated 
 by special charter, and now existing, may accept the provisions of 
 this chapter and reorganize under the same without impairing any 
 rights or privileges granted under its original act or incorporation, 
 subject, however, to the control of the legislature as provided in the 
 constitution of the state. |Code 1887, ch. 04 § 70] 
 
 Railroads Declared Public Hig]:\"ways. 
 
 Railroads heretofore or hereafter constructed in this state are here- 
 by declared public highways, and shall be free to all persons for 
 the transportation of their persons and property thereon, under 
 such regulations as now are, or may be, prescribed by law ; but 
 nothing in this section contained shall be construed to exempt any 
 person from the payment of the lawful charges for such transporta- 
 tion. [Code 1887, ch. 54, § 71.] 
 
 Sale of Property of Railroad Corporatioris. 
 
 If a sale shall be made under a deed of trust or mortgage exe- 
 cuted by a railroad corporation on all its works and property, or if 
 the sale ot such property shall be made under the decree of a court, 
 and there be a conveyance to any person or persons pursuant to any 
 such sale, said sale and conveyance shall pass to the purchaser at 
 such sale, not only ^the works and property of the corporation as they 
 were at the time of making the deed of trust or mortgage, but any 
 works which the company may, after that time and before the sale, 
 have constructed, and all other property of which it may be pos- 
 sessed at the time of the sale, other than debts due to it. Upon 
 such conveyance to the purchaser the said company shall ipso facto 
 be dissolved, and the said purchaser shall forthwith be a corpora- 
 tion by any name which may be set forth in said cotveyance, or in 
 any writing signed by him or them, and recorded in the office of the 
 clerk of the county court of any county wherein the property so sold, 
 or any part thereof, is situated. [Code 1887, ch. 54, § 72. J 
 
 New Corporatioris to Succeed to all V£\e. Frarictiises, Riglrits, 
 Etc , of Origir\al Corporation. 
 
 The corporation created by or in consequence of such sale and 
 conveyance shall succeed to all 8U«h franchises, rights and privileges, 
 
58 
 
 but not immunity from taxation, and perform all such dutiis as 
 would have been had, or should have been performed, by the first 
 company, but for such sale and conveyance; save only, that the 
 corporation so created shall not be entitled to debts due to the first 
 company, and shall not be liable for any debts of, or claims against, 
 the said first company, which may not be expressly assumed in the 
 contract of purcbase ; and that the whole profits cf the business done 
 by such corporation shall belong to the said purchaser and his as- 
 signs. His interest in the corporation shall be personal estate, and 
 he or his assigns may create so many shares of stock therein as he 
 or they may think proper, not exceeding together the amount of 
 stock in the first company at the time of the sale, and assign the 
 same in a book kept for that purpose. The said shares shall there- 
 upon be on the footing of shares in joint stock companies generally, 
 except only that the first meeting of the s-tockholders shall be held 
 on such day and at such place as shall be fixed by the said purchaser, 
 of which notice shall be published for four successive weeks in a 
 newspaper printed in each county in the state wherein said corpora- 
 tion may do business. [Code 1887, cb. 54, § 73.] 
 
 Coristruction of Cercairi Words. 
 
 The words "internal improvement," when used in this chapter, 
 shall be construed to apply to and include railroads, canals, toll- 
 bridges and turnpikes, on which tolls are permitted to be charged 
 and collected. [Corle 1887, ch 54, § 75.1 
 
 Hilttiorized to Becorrie Surety for, or Guarantee tl^e Debts 
 of Otiier Railroad Conqpanies. 
 
 Any railroad company may, with the assent of the holders of two- 
 thirds of its stock, had by a vote at a stockholders' meeting, be- 
 come surety for, or guarantee the bonds, stock or debts of, any 
 railroad company, or in any other manner aid such railroad com- 
 pany in the construction of its railroarl, or other works of improve- 
 ments, and with like consent may lease its road to any other rail- 
 road corporation within this state. 
 
 This act shall not be construed to authorize any railroad corpora- 
 tion to consolidate its stock, property or franchise, with any other 
 railroad owning a parallel or competing line, nor to obtain the pos- 
 session or control of such parallel or competing line by lease or 
 other contract. [Code 1887, ch. 54, § 82a.] 
 
 Bridges over tlc[e Otiio, Great KaUaTi^l:ia arid Big Saridy 
 
 Rivers. 
 
 Corporations may be formed under the provisions of the first 
 twenty-four sections of chapter fifty four of this code for the pur- 
 pose of bridging the Ohio river. Any such corporation or any rail- 
 road corporation is hereby authorized to construct and maintain a 
 
59 
 
 bridge across said river, in the manner now, or which may hereafter 
 be, provided by the Congress of the United States; and upon com- 
 plying with the requirements, conditions and provisions so pre- 
 scribed, and not otherwise; and such corporation is authorized to 
 take tolls for the passage of peisons, railroad carfe, engines, vehicles 
 and other things, passing on and over such bridge. Any s'lch cor- 
 poration may obtain the real estate necessary for the construction of 
 its bridge, and its approaches thereto, under the provisions of chap- 
 ter forty-two of this code, and may purchase from any other cor- 
 poration, which may have taken steps toward the erection of a 
 bridge in the manner aforesaid, all the rights, franchises and prop- 
 erty it may have acquired; subscriptions to the stock or bonds of 
 any such corporations may be made by counties, districts and mu- 
 nicipal corporations, in the manner provided for in chapter thirty- 
 nine of this code; and subscriptions may be made thereto by other 
 corporations, including railroad corporations, with the assent of the 
 holders of two thirds of the stock of any such corporation, at any' 
 general or special meeting of the stockholders; and any corporation 
 heretofore or hereafter formed for the purpose of bridging the Gr^at 
 Kanawha or Big Sandy rivers, or any railroad corporation construct- 
 ing such bridge, shall have all the privileges accorded by this sec- 
 tion to corporations formed for the purpose of bridging the Ohio 
 r'wer; provided, howeiier^ihzX every bridge erected across the Great 
 Kanawha river, at and above Charleston, shall have at least one 
 channel span, the center of which shall be in the middle of the chan- 
 nel usually run by descending coal fleets in high towing stages ; said 
 channel span to have a clear opening of four hundred feet at low 
 water line and be at least seventy-five feet above low water. But 
 the benefit of this section shall not inure to any corporation whose 
 corporate rights have lapsed, been forfeited or become forfeitable. 
 Every corporation formed under the laws of this state for the pur- 
 pose of the construction and maintenance of a bridge or bridges, in 
 addition to the powers heretofore conferred upon or possessed by it 
 shall have power, from time to time, to borrow such sums of money 
 as may be necessary for the purpose and business of the company, 
 and to issue bonds, bills of credit or indebtedness and preferred 
 stock, and dispose of the same for any amount so borrowed, and to 
 mortgage or encumber, by deed of trust, its corporate property and 
 franchises to secure payment of any debt contracted by such cor- 
 poration for its purposes and business; but no such mortgage or 
 deed of trust shall be valid unless authorized by a resolution adopt- 
 ed by the affirmitive votes of the holders of a majority of the stock 
 of the company. Any such mortgage or deed of trust may include 
 grant and convey, and make subject to the lien thereof, all better 
 ments, improvements and works made or constructed and property 
 and franchises acquired and used in the company's business, after 
 the making of such mortgage or deed ot trust, (money and debts 
 due the granting company excepted) and the purchaser at any sale 
 under such mortgage or deed of trust shall be entitled to such better- 
 ments, improvements, works, property and franchises, with the ex- 
 
60 
 
 ception aforesaid, as well as the property and franchises granted, 
 thereby owned and possessed by the company, at the time of the 
 making of the mortgage, or deed of trust, under which the sale is 
 made, any other law or statute to the contrary notwithstanding. 
 Such purchaser shall be a corporation in the same manner ag is pro- 
 vided in relation to purchasers of railroad property by sections 
 seventy-two and seventy-three of chapter fifty-four of the code of 
 West Virginia, and all the provisions of said two sections shall 
 apply to the last mentioned corporation, All mortgages or deeds of 
 trust heretofore made by any bridge company incorporated under 
 the laws of this state, whether the same shall have been executed by 
 virtue of a resolution adopted by vote of the stockholders, or shall 
 have been executed by virtue of a resolution adopted by the board 
 of directors of such corporaiion, without any action on the part of 
 the stockholders thereof, which purport to grant and convey prop- 
 erty and franchises of the granting company owned and possessed 
 at the time of making the mortgage or deed of trust, or such prop- 
 erty and franchises, together with property or franchises, or both, 
 of such company, which it may have acquired subsequently to the 
 making of such mortgage or deed of trust, shall be as valid and 
 effectual for the purpose of effectuating such grant and conveyance, 
 and make the same as effectually, as if this section as amended by 
 this act had been in full force before and at the time of the execution 
 of such mortgages or deeds of trust, and purchasers at any sales 
 thereunder shall have the same rights, powers and privileges as are 
 by this section conferred upon purchasers at sales made under mort- 
 gages and deeds of trust executed by such companies alter this a.ct 
 takes efiect. [Code 1891, ch. 44, § 22, as amended by acts 1893]. 
 
 Ho-w Cofistructiori of Bridges Prevented. 
 
 Every bridge across the Ohio river hereafter erected or com- 
 menced, wholly or in part within the jurisdiction of this statp, con- 
 trary to the provisions of the next preceding section, and every 
 railroad bridge across the Great Kanawha or Big Sandy rivers here- 
 after erected or commenced, wholly or in part within the jurisdic- 
 tion, of this state, contrary to the provisions of vhe next preceding 
 section, shall be deemed a public nuisance; and so far as the same is 
 within the said jurisdiction, may be abated and the construction 
 thereof be prevented and enjoined by presentment, indictment, or 
 bill in equity, in the name of the state, or other remedy appropriate 
 to the case. And it shall be the duty of the attorney general, as 
 well as the prosecuting attorney of the proper coun-ty, to cause 
 proper proceedings to be instituted and prosecuted to abate, pre- 
 vent and enjoin such work, as soon as they shall be credibly in- 
 formed that the same has been or is about to be commenced. But 
 the provisions of this and the next preceding section, shall not apply 
 to the portion of the Great Kanawha above the falls of said river, 
 known as the falls of the Kanawha. [Code 1887, ch. 44, § 23 as 
 amended by ch. 4, acts 1890.] 
 
61 
 
 Trariapoi'tatiori of Passerigers.- 
 
 . That all railroad corporations organized or doing business in this 
 state, under the laws or authority thereof, shall be limited to the 
 rates of compensation for the transportation of passengers, which are 
 herein prescribed. [Code 1887, ch. 64, § 82c, I.] 
 
 Classification of Railroads. 
 
 All railroads in this state shall be classified according to the gross 
 amount of their respective annual earnings per mile as follows : 
 
 Class A. Shall include railroads whose gross annual earnings per 
 mile shall be ten thousand dollars or more; and narrow gauge rail- 
 roads, whose gross annual earnings per mile shall be five thousand 
 dollars or more. 
 
 Glass B. Shall include railroads whose gross annual earnings per 
 mile shall be eight thousand dollars, or any sum in excess thereof 
 less than ten thousand dollars; and such narrow gauge railroads 
 whose gross annual earnings per mile shall be four thousand dollars, 
 or any sum in excess thereof less than five thousand dollars. 
 
 Cla's C. Shall include railroads whose gross annual earnings per 
 mile shall be four thousand dollars, or any sum in excess thereof 
 less than eight thousand dollars; and such narrow gauge railroads 
 whose gross annual earnings per mile shall be two thousand dollars 
 or any sum in excess thereof less than four thousand dollars. 
 
 Class D. Shall include railroads whose gross annual earnings 
 per mile shall be any sum less than four thousand dollars, and 
 narrow gauge railroads whose gross annual earnings per mile shall 
 be any sum less than two thousand dollars. [Code 1887, ch. 54, 
 §82c,IL] 
 
 i?LaxiintIir\ Rates. 
 
 All railroad corporations, according to their classifications as here- 
 in furnished, shall be limited to compensation per mile for the trans- 
 poration of any person with ordinary baggage, not exceediiig one 
 hundred pounds in weight, as follows : 
 
 Glass A. For any distance less than fifty miles, three and one- 
 half cents per mile; for any distance exceeding fifty miles and lass 
 than one hundred miles, three and three tenths cents per mile; for 
 any distance exceeding one hundred miles and less than one hun- 
 dred and fifty miles, three and one-fifth cents per mile; for any dis- 
 tance exceeding one hundred and fifty miles and less than two hun- 
 dred miles, three and one-tenth cents per mile; for any distance ex- 
 ceeding two hundred miles and less than two hundred and fifty 
 miles, three cents per mile ; for any distance exceeding two hundred 
 and fifty miles, and less than three hundred miles, two and nine- 
 
62 
 
 tenths cents per mile; for any distance exceeding three hundred 
 miles and less than three hundred and fifty miles, two and four- 
 fifths cents per mile; for any distan'-e exceeding three hundred and 
 fifty miles, two aud seven-tenths cents per mile. 
 
 Class B. For any distance less than fifty miles, four cents per 
 mile; for any distance exceeding fifty miles and less than one hun- 
 dred miles, three and nine-tenths cents per mile; for any distance 
 exceeding one hundred miles and less than one hundred and fifty 
 miles, three and eight-tenths cents per mile; for any. distance ex- 
 ceeding one hundred and fifty miles and less than two hundred 
 miles, three and seven-tenths cents per mile; lor any distance ex- 
 ceeding two hundred miles and less than two hundred and fifty 
 miles, three and six-tenths cents per mile; for any distance exceed- 
 ing two hundred and fifty miles and less than three hundred 
 miles, three and one-half cents per mile; for any distance exceed- 
 ing three hundred miles and less than three hundred and fifty mile?, 
 three and four-tenths cents per mile; for any distance exceeding 
 three hundred and fifty miles, three and one fourth cents per mile. 
 
 Class C. For any distance less than fifty miles, four and one- 
 half cents per mile ; for any distance exceeding fifty miles and less 
 than one hundred miles, four and three-fifths cents per mile; for 
 any distance excetdiug one hundred miles and less than one hun- 
 dred and fifty miles, four and three-tenths cents per mile; for any 
 distance exceeding one hundred and fifty miles and less than two 
 hundred miles, four aud one-fifth cents per mile; ior any distance 
 exceeding two hundred miles, four cents per mile. 
 
 Class D. For any distance less than fifty miles, five cents per 
 mile; for any distance exceeding fifty miles and less than one hun- 
 dred miles, four and three-fourth cents per mile ; for any distance 
 exceeding one hundred miles and less than one hundred and fifty 
 miles, four and one-half cents per mile ; for any distance exceeding 
 one hundred and fifty miles and leas than two hundred miles, four 
 and one-fourth cents per mile; lor any distance exceeding two hun- 
 dred miles, four cents per mile. Provided, That no such corpora- 
 tion shall charge, demand or receive, any greater compensation per 
 mile for transportation of children twelve years of age or under than 
 half the rate above prescribed: And provided aho, A charge of 
 ten cents may be added to the fare of any passenger, when the same 
 is paid upon the cars, if a ticket might have been procured within 
 a reasonable time before the departure of the train, and if the failure 
 to procure a ticket was not caused by the ticket office being closed, 
 or without a sufficient supply of tickets, or other neglect of the com- 
 pany: And provided further. If for any one passenger the charge at 
 the above rate would be less than twenty-five cents, the same may 
 nevertheless be charged as a minimum. [Code 1887, § 82c, III.] 
 
 Wlr^at Must be Kept Posted. 
 All railroad corporations shall keep constantly posted in a con- 
 
63 
 
 spicuous place, in all their ticket offices and passenger and; freight 
 depots, a printed copy of the first, second, third, fourth ai:d fifth 
 sections ot this act, together with a table of distances between each 
 and every station of their road, printed in legible type, and a state- 
 ment showing the class to which its road belongs. [Code 1887, 
 oh. 54, § 82c, IV ] 
 
 Perialty For Overcliargirig, 
 
 Any railroad corporation which shall charge, demand or receive 
 any greater compensation for the transportation of any passenger 
 than is authorized by this act, shall be liable to the party aggrieved 
 in the sum of five hundred dollars, and the sanie may be recovered, 
 together with all costs of suit and a reasonable attorney's lee to be 
 taxed by the court, in an action of debt, in any court having com- 
 petent jurisdiction. [Code 1887, ch. 54, § 82c, V.] 
 
 Lin\itatioris as to Rates Apply to all Railroads. 
 
 That all railroad corporations organized or doioig business in the 
 state under an act of incorporation, or general law of this or any 
 other state, or of the United States, now in force, or which may be 
 hereafter enacted, shall be limited to the rates of compensation for 
 the transportation of passengers, goods, merchandise, and all kinds 
 of property as herein prescribed. Whenever any railroad corpora- 
 tion, as lessee or otherwise, operate any other railroad in connec- 
 tion with its own road, the provisions of this act as to charges for 
 carrying freight and passengers shall apply to such other roads so 
 operated in like manner as if the same were apart of the line of the 
 road owned by the corporation operating the same, and for such pur- 
 pose all lines of railroads operated by the same company shall be 
 considered as one and the same road. [Code 1887, ch. 54, § 82c, 
 VI.] 
 
 Classificatiori of Goods. 
 
 Goods, merchandise, and all other kinds of property shall be clas- 
 sified, for the purpose of transportation, as follows: 
 
 J'l/'si Class. Acid, by car load ; ale, beer and porter, in bottles ; 
 bagging, bq,gs, berries, books, baskets, four times first-class ; broom 
 corn, pressed; bedsteads, iron, capacity of car; boots and shoes; 
 burning fluids; billiard tables, boxed; blinds, bread, etc., brushes; 
 bristles, burlaps, butter, fresh ; bed cords; beeswax; boiler felting, 
 in rolls or bales ; carriages, not boxed; carriages, well boxed, three 
 times first class; cotton yarn, cards, carpeting, cloth, corks, cassia, 
 in mats; chairs, not boxed, estimated at fifteen pounds per cubic 
 foot; chairs, boxed, three times first-class rates; china ware in 
 boxes, barrels or casks; caps, clocks and weights; confectionery, 
 cotton waste, copper and brass vessels, castor oil in cans or cases ; 
 cotton in bales; crackers, covers and sieves, carpet lining, cocoa 
 
64 
 
 matting, coffee mills, chains, cotton, woolen or hempen; copying 
 presses, farm wagons, fire crackers, deer skins in bales; ducks, do- 
 mestics, sheetings, tickings, denims, in boxes or bales: dry goods 
 in boxes or bales; drugs and medicines; joiner's work, dessicated 
 meats and vegetables, furs, fish, fresh; fruits, foreign, including cur- 
 rants, dates, figs, grapes, lemons, oranges, prunes, raisons; furni- 
 ture, second-hand, well boxed, accompanied by passengers; furni- 
 ture, knocked down and well boxed; forks, hay and manure; gro- 
 ceries not otherwise enumerated ; glassware, guns, rifles and other 
 firearms; ginseng, glue, hats, harness, honey, hops, hair in sacks; 
 hides, dry ; household goods not furniture, well boxed ; ink, indigo; 
 ice in small quantities ; India rubber goods, iron castings, light ; 
 ink, printer's ; isinglass, liquors, foreign and domestic ; leather, loose 
 linsey, liquor in glass; liquor in wood, lead in pipe,' bar or sheet; 
 milk, condensed; machinery boxed, light; mouldings, mats, mar- 
 ble, wrought and finished; musical instruments, moss in sacks, 
 mineral water in glass; machinery unboxed; metalic cofiins, nuts; 
 oysters in kegs, boxes or cans; oil in glass; pickles in glass; pre- 
 serves in glass; paper hangings, not boxed; peaches, prepared; 
 peltries, poultry, .piano fortes boxed: pipes, clay ; printing presses, 
 paper, printing and wrapping, in boxes ; paper hangings boxed ; 
 prunes in casks; palm leaves, pasteboard, pill boxes; plate and 
 looking glasses, [boxed; porcelain ware; printed matter in sheets, 
 boxed; ploughs and cultivators, rattan, Russia bristles, refrigera- 
 tors, rags, saddlery, scythes, snaths, steam boiless under thirty feet; 
 scales and scale beams, not boxed; sweet potatoes, sizing, shell 
 shrapnel, shovels, spades, soaps fancy ; straw goods, stoves, stove- 
 pipe and stove castings, sash and frames, skins, buffalo, sheep, 
 deer, etc,; sleighs boxed, three times first class; snuff in jars; sar- 
 dines, sewing machines boxed ; seeds, clover, grass; spices, ginger, 
 pepper, mustard; seeds not otherwise enumerated; turpentine, to- 
 bacco in bales, leaf, cut or dry ; tobacco, cut, in barrels or boxes ; to- 
 bacco manufactured; trunks, tinware, twine, trees and shrubbery; 
 tea, tubs, tin foil in boxes; tow, traveling bags, umbrellas, varnish, 
 veneering, woolen goods, wax; wine in boxes, baskets or casks; 
 whips, warps, whalebone, wheelbarrows, wooden ware, wagon bows 
 and felloes, window glass, wood in shape, (carpenter's work, etc.), 
 less than car load, woolen yarn, wire qloth, yarn, cotton or woolen; 
 yarn carpet, pressed in bales. 
 
 Second Class. Alcohol, agricultural implements, (double rate) ; 
 agricultural productions not specified ; ale and beer in casks ; apples, 
 green; axles, axes, bacon, loose; baking powders, bells, boiler-flues, 
 brimstone, bottles, barilla, bark and cob mills, butter, packed ; bind- 
 ers' boards, blacking, beans and peas, cast iron, grain'mills. Con- 
 gress and Bedford water in boxes or barrels, chains, charcoal, less 
 than carload; carriage springs, codfish, loose; candles, cocoa, choc- 
 olate, cassia, coffee (ground) in boxes or barrels; coffee, in single 
 sacks; coffee, in double sacks; capstands, copper in plates, sheets,' 
 bolts, pigs, wire, nail or rod; copper bottoms, cheese in boxes or 
 
65 
 
 casks ; chair-stufis, less than carload ; crockery in cratei or hogs- 
 headti, dye-stuffs in barrels or boxes ; damsons, eggs, extract of 
 coffee, extract of logwood, earthenware, fruit, dried, domestic; flax, 
 flaxseed, gun stocks, less than carload, gunny bags, gum, gas fix- 
 lures boxed; hollow- ware castings, less than carload; herring in 
 boxes ; hominy, hemp, yara, hinges, hoes and hollow-ware ; hooks ; 
 iron, hoop, band and sheet; iron nuts and rivets, iron railing, iron 
 safes, iron bolts or washers, in boxes or in casks; iron castings in 
 boxes or casks , iron facings, iron shutters; leather in rolls or boxes; 
 lightning rods in bundles ; licorice in mass or boxed; lithographic 
 stone; machinery, boxed, heavy; mahogany boards and planks; 
 marble unwrought (under three inches thickness); mechanics' tools, 
 melons, less than carload ; oakum, onions, oilcloth not otherwise 
 specified ; oil, sperm, linseed, lard, tanner's, fish and coal; paints, 
 all kinds; pickles in casks; pork and 'other Iresh provisions; pickles 
 and preserves in cans; plumbers' materials in boxes or casks; queens- 
 ware, quicksilver in iron flasks ; rubber car-springs, rubber packing, 
 rope and cordage, rice in barrels, rice in tierces, rosin ; seeds, clover, 
 grass and mustard; saltpetre, saleratus, starch; scales, boxed; school 
 slates, stove blacking, shoe pegs in barrels; soap, soda, shot in bags; 
 sugar maple; sugar refined, safes, tar, tallow, type, tin; tacks in 
 boxes or barrels, telegraph wire; veneering, boxed; whisky, wire, 
 wire fencing, willow reeds in bundles; white lead, zinc in rolls, 
 sheets or casks. 
 
 Third Glass. Anchors, anvils, axle grease, bacon in casks; black 
 lead, blacking salts, bacon or salt pork in bags or loose; burr 
 blocks, beef salted in casks, chicory, cider in wood; chains in casks ; 
 crucibles, dye-wood in stick ; flour in bags or barrels ; feed, bran, 
 ahipstufif, fish, pickled and dry saltad ; gas pipe ; glauber salts, glue, 
 pieces; grain, loose by carload; hides, green and salted; hoofs, 
 hardware and cutlery, horns, horseshoes in packages; hollow-ware 
 castings, carload; herring in kegs; hogs, dressed, in carloads; 
 bogs' hair, iron flues, bar, boiler and castings, medium size; jute, 
 junk, lead in casks; laths, lard, lead, pig; lime in casks, except 
 manure; molasses ; meal in bags or ba,rrel, less than carload ; ma- 
 chinery, heavy; madder, mill-stone finished; marble slabs over 
 three inches thick ; nails in boxes or barrels; nails and spikes, nail 
 rods, nuts in double sacks, boxes or casks, oil-cake loose; oars, 
 oysters and clams in shell ; pork salted, loose ; pork salted in casks 
 or boxed; putty, petatoes less than carload; pitch, sweet potatoes, 
 in carload ; pumice stone in casks ; roofing in boxes or rolls ; roofing 
 iron ; rubber car-springs in boxes or casks, salt, less than carload ; 
 shot in kegs; succory, steam-engines, steel, sugar not refined ; 
 sumac ground, actual weight; salt, cake; scythe stone, spelter, to- 
 , bacco unmanufactured ; vegetables less than carload ; vienegar; vo- 
 lute car-springs, whiting, wire rope, zinc in sheets, in casks or cases. 
 
 Fourth Class. Ashes, pot; ashes, pearl; ashes, wood; bark, tan- 
 ners, twenty /^^ cent, less by capacity of car; bark, ground; bones, 
 
66 
 
 bone dust, barley rated as grain ; barytes, brick, brimstone in bar- 
 rels and hogsheads; brick for short distance; bath brick, castings, 
 iron, heavy an'd plain; copper ore, charcoal in carloads; coal, ce- 
 ment, clay, car wheels, chalk, chain cable, car axles, firewood; 
 meal in baj; or barrel when in full carloads; gravel, grindstones, 
 gunstocks, curloads; gumo, grain, corn, oats, barley, wheat, rye, 
 malt in bag and uisks, (w^JKht in package to be chargfd,) hay and 
 straw, when without other loading, fourth class by ca[)acity of car; 
 loaded with other good-i, doul)le fourth class by actual weight; iron, 
 pig, railroad; iron straps, iron castings, heavy; iron ore, ice by car- 
 load ; loooniotive tire, lime in carloads for buildings; limestone, live 
 stock; lunjber, manganese, mah(i<;any, logs, marines in blocks un- 
 wrouglit; meal in carloads; manures, mill-stones rough ; melons by 
 carload; nails and spikes by carload; oil-cake in casks or barrels; 
 ores, manganese, plaster, stone, potatoes in carloads; plaster 
 ground; railroad chains, and spikes, railroad iron, sumac leaf, ca- 
 pacity of car; smaller quantities, double fourth class; salt in sacks 
 or barrels bycaroads; soapstone, stone unwrought; sand hooks; 
 staves, headings, etc., slate, so'la-ash, vegetables, by carloads; 
 water-pipes, wood in shape, finished, by carloads not less than capac- 
 ity Unenumerated articles shall be limited to the rates charged 
 on analagous or like articles. 
 
 Double First Clasn. Acid, less than car load ; ammunition; broom 
 corn, loose; batting, bonnets, cabinet ware set up and boxed; car- 
 boys empty ; caps in trunks; cigars, boxed and strapped; demijohns, 
 dry goods in trunks; cotton batting, tin safes; feathers, fowls alive 
 in coops or crates; furs in bales or trunks; furniture set up and 
 boxed ; hats in trunks, looking glasses, mattresses, powder, sheep 
 alive in coops or crates; willow-ware, wagons, (children's)not boxed. 
 
 Freights of all classes transported by passen^-er trains. 
 
 One and a half First Class. Buffalo robes; oil cloths in boxes 
 twelve feet long or over; picture frames, steam boilers over thirty 
 feet; toys boxed; trees and shrubbery baled; wagons and hobby 
 horses, boxed; wool, domestic and foreign. 
 
 special Rates. Carriages may be rated for way transport to weigh 
 as follows : A four horse vehicle to weigh four thousand and five 
 hundred pounds; a two horse vehicle to weigh two thousand and 
 five hundred pounds; a one horse vehicle to weigh one thousand 
 and five hundred pounds; firewood,_ posts and rails, if dry at four 
 thousand pounds ; if green, five thousand and five hundred pounds 
 per cord; tanner's bark, dry, two thousand pounds; if green, three 
 thousand pounds per cord ; pine and hetnlock boards, plank and 
 scantling, if well seasoned at two thousand and five hundred pounds; 
 if not well Kasoned, three thousand pounds; if green, three thous- 
 and and five hundred pounds per thousand feet, board measure- 
 ash, oak, walnut, maple and cherry, if dry, three thousand and five 
 hundred pounds; if green, five thousand and five hundred pounds 
 
67 
 
 per thousand feet, board measure ; green white wood boards, four 
 thousand pounds per thousand feet, board measure ; brick per thou- 
 sand, five thousand pounds. [Code 1887, ch. 54, § 82c, VII.] 
 
 SLaxirriilin Rates- 
 All railroad corporations, according to the classification in section 
 seven of this act, shall be limited to compensation per ton per mile 
 tor the transportation of goods, merchandise, and all other kinds of 
 property, as follows : 
 
 First Class. For any distance not exceeding fifty miles, five 
 cents per ton per mile; for any distance exceeding fifty miles and 
 not more than one hundred miles, four cents per ton per mile; for 
 any distance exceeding one hundred miles and not more than one 
 hundred and fifty miles, three and one- half cents per ton per mile; 
 for any distance exceeding one hundred and fifty miles and not more 
 than two hundred miles, three cents per ton per mile; for any dis- 
 tance exceeding two hundred miles and not more than two hundred 
 and fifty miles, two and three-fourths cents per ton per mile; for 
 any distance exceeding two hundred and fifty miles, two and one- 
 half cents per ton per mile. 
 
 Second Class. For any distance not exceeding fifty miles, four 
 cents per ton per mile; for any distance exceeding fifty miles and 
 not more than one hundred miles, three and one-half cents per ton 
 per mile; for any distance exceeding one hundred miles and not more 
 than one hundred and fifty miles, three cents per ton per mile ; for 
 any distance exceeding one hundred and fifty miles at not more 
 than two hundred miles, two and three-fourth cents per ton per 
 mile-, for any distance exceeding two hundred miles and not more 
 than two hundred and fifty miles, two and one-half cents per ton 
 per mile; for any distance exceeding two hundred and fifty miles, 
 two and one-fourth cents per ton per mile. 
 
 Third Class. For any distance not exceeding fifty miles, three 
 and one-half cents per ton per mile; for any distance exceeding fifty 
 miles and not more than one hundred miles, three cents per ton per 
 mile; for any distance exceeding one hundred miles and not more 
 than one hundred and fifty miles, two and three-fourth cents per 
 ton per mile; for any distance exceeding one hundred and fifty miles, 
 and not more than two hundred miles, two and one-half cents per 
 ton per mile ; for any distance exceeding two hundred miles and not 
 more than two hundred and fifty miles, two and one fourth cents 
 per ton per mile; for any distance exceeding two hundred and fifty 
 miles, two cents per ton per mile. 
 
 Fourth Class. For any distance not exceeding fifty miles, three 
 and one-half cents per ton per mile ; for any distance exceeding fifty 
 miles and not more than one hundred miles, three cents per ton per 
 
mile; for any distance exceeding one hundred miles and not more 
 than one hundred :ind fifty miles, two and one-hiilf cents per ton per 
 mi'e; for any distance exceeding one hundred and fifty miles and 
 not more than two hundred miles, two and one-fourth cents per ton 
 per mile; for any distance exceeding two hundred miles and not 
 more than two hundred and fifty miles, two cents per ton per mile; 
 for any distance exceeding two hundred and fifty miles, one and 
 three-fourth cents per ton per mile. 
 
 Double First Class. Double first class, at double the rate specified 
 for the first class. 
 
 One and One-half First Class. One and one-half first class, one- 
 half the rates additional specified for the first class. 
 
 Increase. Provided, That such railroad corporation for the trans- 
 portation ot goods, n^erchandise and all other kinds of property, in a 
 less quantity than two thousand pounds and more than five hun- 
 dred pounds, shall be entitled to augment the foregoing rates one- 
 fourth, and when ofi'ered in a less quantity than five hundred pounds, 
 shall be entitled to charge one and one-half first-class, rates. 
 
 iVLir|in\Uir\ Oriarges. 
 
 If for any one consignment the charge at the above rates would 
 be less than twenty-five cents, the same may nevertheless be charged 
 as a minimum. And if the charge for an entire car load for any dis- 
 tance at the foregoing rates should be less than five dollars, such 
 corporation may nevertheless charge that sum as a minimum for the 
 transportation of such car-load. All rules, regulations or by-laws of 
 any railroad corporation establishing or charging higher rates of toll 
 or compensation than is hereinbefore prescribed are hereby declared 
 void. [Code 1887, ch. 54, § 82c, VIIL] 
 
 Slriall TraAsport Passerigers and Fi'eigl:\t Wl:\er) Offered. 
 
 That all railroad corporations, whose lines of road shall extend 
 into or through this state, and which extensions are incorporated by 
 the laws ot this state or any other state, or the United States, shall 
 take and transport passengers and freight when ofi'ered. Provided.^ 
 That such railroad corporation shall not be permitted to charge for 
 the transportation of freight and passengers, or either, a less sum 
 from one terminus of their road to the other, than from any inter- 
 mediate station to either terminus thereof, nor a greater sum for the 
 transportation of freight and passengers, or either, from any inter- 
 mediate station to either terminus of the road, or from either ter- 
 minus to an intermediate station, or from one intermediate station 
 to another, than from any intermediate station to either terminus or 
 from either terminus to any intermediate station, or from one inter- 
 mediate station to another, where the distance is less. FCode 1887 
 ch. 54, § 82c, IX.J 
 
Hll Cl:\ar'ges Except for Storage IriclUded iri Cljarges for 
 
 Trar)sportatiori. 
 
 The compensation for the transportation of passengers, goods and 
 merchandise and all kinds of property hereinbefore prescribed, shall 
 be interpreted to include all fees and commissions charged by any 
 railroad corporation, their agent or agents, for manifesting, receiv- 
 ing, handling, shipping and delivering any goods, merchandise, and 
 allotherkindsof property for transportation on such railroad, so that 
 the entire charges made by such railroad corporation or their agent 
 or agents shall not exceed the regular transportation fees herein pre- 
 scribed, except for the storage of articles in any depot or warehouse 
 of the company, or in any depot or warehouse by their agent or 
 agents which remain in such depot or warehouse after the lapfe of 
 twenty-four hours from the time the consignee is notified by the 
 agent, or other employes of the company, of their arrival, in cases 
 where the abode of the consignee is known to said agent. A charge 
 may also be made for such longer time as they so remain, not ex- 
 ceeding the ordinary warehouse rates charged in the town in which 
 or near which the depot or warehouse is situated; and it shall be 
 lawful for any railroad corporation, their agent or agents, at any de- 
 pot in the state, to charge or receive such fees or commissions for 
 manifesting, receiving, handling, shipping or delivering any goods, 
 merchandise, and all other kinds of property, for transportation on 
 such railroads as they were authorized to charge and receive on De- 
 cember twenty-seventh, one thousand eight hundred and seventy- 
 three; but when any such fees and commissions are so charged or 
 received by such railroad corporation, their agent or agents, such 
 railroad corporation shall abate from their regular transportation 
 fees herein prescribed the amount of such fees and commissions so 
 charged or received by such railroad corporation, or by their agent 
 or agents. [Code 1887,, ch. 54 § 82c, X.] 
 
 ,To Weigl^ Goods arid Receipt for tl:\e Same. 
 
 All depot agents of any railroad corporation having depots in this 
 state shall, if required by the consignor, weigh goods, merchandis-e, 
 and all other kinds of property delivered for transportation at the 
 depot when delivered, and receipt for the same. [Code 1887, ch. 54. 
 § 82c, XL] 
 
 Defiriitiori of tl:\e Words "Railroad Corporatior)." 
 
 The term "railroad corporation," contained in this act, shall be 
 deemed and taken to mean all corporations, companies, public car- 
 riers or individuals now owiaing or operating, or which may here- 
 after own or operate any railroad in this state.' [Code 1887, ch. 54, 
 § 82c, XII.] 
 
70 
 
 Street Railroads. 
 
 This act shall not be held to apply to any city or street railroad, 
 or to any railroad whose entire length does not exceed six miles. 
 But in no case shall any railroad charge more freight or fare than is 
 authorized by its charter; and in no case shall such charges be un- 
 reasonable. [Code 1887, ch 54, § 82c, XIII ] 
 
 Perialties for Yiolatior\ of tl^is Hct. 
 
 Any railroad corporation, agent or person which shall fix, de- 
 mand, take or receive from any person or persons, any greater toll 
 or compensation for the transportation, receipt, handling or delivery 
 of goods or merchandise, or for weighing the sams, in violation of 
 the provisions of this act, shall forfeit and pay for any such offense 
 any sum not exceeding one thousand dollars and cost of suit, in- 
 cluding a reasonable attorney's fee, to be taxed by any court where 
 the same is heard by appeal or otherwise, to be recovered in action 
 of debt by the party aggrieved in any court having jurisdiction there- 
 of. And any officer, agent or employe of any such railroad corpo- 
 ration, who shall knowingly and wilfully violate the provisions of 
 this act, shall be liable to the penalties prescribed in this section. 
 [Code 1887, ch. 54, § 82c, XIV,] 
 
 Wilful Yiolatiori by Coxripariy Deen\ed a Forfeitxire of 
 
 Franct\ises. 
 
 Any wilful violation of the provisions of this act, on the part of 
 any railroad corporation, shall be deemed and taken as a forfeiture 
 of its franchises, and such corporation so offending shall be pro- 
 ceeded againt by the prosecuting attorney, in any county through 
 or into which its road may run, \)-y scire facias, or upon information 
 in the nature of a qtio warranto, to judgment of ouster and final exe- 
 cution. 
 
 In any prosececution or proceeding under this section, if the viola- 
 tion complained of be proved, it shall be presumed to have been 
 wilful until the contrary thereof be proved. [Code 1887, ch. 54, S 
 82c, XV.] 
 
 Any railrosd company or corporation heretofore or hereafter organized 
 and owning or operating any railroad wholly or partly within th'S stale, 
 tbeir offlceraor agents, who ehiill charge, demund or receive loore than tbe 
 lawful charges for transportation or travel upon their railroad, s(5 owned 
 and operated by them, shall for each oflense be deemed suilty of a misde- 
 meanor, and upon conviction thereof shall t,e fined not le?s than one hun- 
 dred nor more than five hundred dollar.-. But nothing in this act thall be 
 construed as in ony manner to interfere with or protect svich company or 
 norpoiationagaicstany proceedinps for a forfeiture of its charter or char- 
 tartd rights. [Code 1887, ch. 54, § 82c, XVa.] 
 
 Dorqestic Corporatioris, 
 All railroad companies doing business in this state, under char- 
 
71 
 
 ters granted or laws passed by the state of Virginia or this state, 
 are hereby declared to be domestic companies or corporation?, and 
 shall be treated as such in all cases. [Code 1887, ch. 54, § 82c, 
 XVL] 
 
 Connectirig Liries; Proratirig Ctiarges, 
 
 Where different works of internal improvement intersect each 
 other in this state, it shall be the duty ©f any road to receive freight 
 and passengers from such other road, and to charge for the trans- 
 portation thereof such rates only, as are charged on its own line from 
 the point of intersection to the point of destination of such freight 
 or passengers; and this act shall apply to all railroads operating in 
 this state, whether incorporated or not. [Code 1887, ch. 54, § 
 82d, L] 
 
 Sliort-Lirie Railroads. 
 
 Any incorporated company operating by steam or horse power 
 a railroad, not exceeding thirty miles in length, may charge for 
 the transportation of freight not exceeding twenty cents per ton 
 per mile. LCode 1887, ch. 54, § 82e, I.] 
 
 Horse Railroads; Cl\arges ori, Regulated. 
 
 Any corporation operating a railroad wholly by horse power, 
 may charge for transportation of passengers, with ordinary baggage 
 . not exceeding one hundred pounds in weight, eight cents per mile; 
 and for children, between six and twelve years oi age, one-half that 
 rate; and for freight, two cents per hundred pounds per mile. Where, 
 at these rates, the charges would be less than twenty -five cents, 
 that sum may be charged. But this act shall not apply to any 
 street or suburban railroad. [Code 1887, ch. 54, § 82f, I-l 
 
 Cruelty to Hr\iii\als. 
 
 If any person shall carry, or cause to be carried, in or upon any 
 vehicle or otherwise, any domestic animal in a cruel or inhuman 
 manner, he shall be deemed guilty of a misdemeanor, and whenever 
 he shall be taken into custody therefor by any officer, such officer 
 may take charge of such veliicle and its contents and deposit the 
 same in some safe place of custody; and any necessary expenses 
 which may be incurred for taking care of and keeping and sns'ain- 
 ing the same, shall be a lien thereon to be paid before the same can 
 be lawfully recovered; and if said expenses, or any jjart thereof, re- 
 main unpaid, they may be recovered by the person incurring the 
 same of the owner of the said domestic animal in any action thfre- 
 for; and it shall be unlawful for any person or corporation, engaged 
 in'transporting live stock on railway trains, to detain such stock in 
 cars for a longer continuous period than thirty-six hours, wiihout 
 
72 
 
 supplying the same with food and water, unless such detention he 
 unavoidable. [Acts 1875, ch. 74, § 4.] 
 
 Corivict Labor ori Railroads, 
 
 That the board of public works is authorizpd to furnish to any 
 railroad or internal improvement company, or to any county to work 
 on public roads, free of hire, as many able-bodied male convicts 
 from the penitentiary as may now or hereafter be there, as can be 
 spared without interfering with contracts heretofore made, to be 
 used by such companies in the construction of their works within 
 the state. Provided, That all expenses of guarding, boarding, cloth- 
 ing and medical attendance shall be borne by the company receiv- 
 ing said convicts. * * * [Code 1887, ch. 163, § 26b, I.] 
 
 Corqpariy Sliall Execute a Bond. 
 
 Before receiving said convicts, the company so receiving shall 
 execute and file with the treasurer of this state a bond with security, 
 conditioned for the boarding, clothing, guarding and medical atten- 
 dance of said convicts. The said company may, in lieu of said 
 bonds, deposit money or other securities. The bond with its pen- 
 alty, or the security deposited in lieu thereof, shall be fixed and ap- 
 proved by the board of public works. [Code 1887, ch. 163, § 26b, 
 11] 
 
 Clotl)irig of Sticii CoriVicts. 
 
 The superintendent of the penitentiary shall furnish convicts, let 
 under this act, with all necessary clothing of the same character as 
 that furnished other convicts; and the company receiving said con- 
 victs shall pay the state the actual cost thereof. The superinten- 
 dent of the guard shall make requisition for all clothing and dis- 
 tribute the clothing to the convicts. [Code 1887, ch. 163, § 26b, 
 III,] 
 
 Superir^teriderit of tlrie Guard, 
 
 The board of public works shall appoint a superintendent of the 
 guard, whose compensation shall be paid by the company ; and the 
 superintendent shall have charge of the guard and shall superintend 
 the same, see that the convicts are properly fed, clothed, guarded, 
 and have proper medical attendance, and he shall report to the su- 
 perintendent of the penitentiary once a month, the condition and 
 treatment of said convicts. The compensation of the superintend- 
 ent of the guajd shall be agreed upon between tho board of public 
 works and the company. [Code 1887, ch. 163, § 26b, IV.] 
 
 Contract May be Canceled. 
 
 Upon proof that such convicts are improperly fed, clothed, or 
 
73 
 
 cruelly treated, the board of public works may cancel any contract 
 made under this act, and recall the convicts. fCode 1887, ch. 163 
 § 26b, v.] 
 
 Kay Issue Registered or Coilpori Borids. 
 
 That any railroad company, or other corporation, which is now 
 or shall hereafter be authorized by any law of this state to issue its 
 bonds, may at its discretion issue either registered bonds having 
 the conditions as to transfer and payment of principal and interest 
 usual in snch bonds, or coupon bonds, or both, in such proportion 
 as it shall deem best; any such conipany or corporation which has 
 heretofore issued, or shall hereafter issue, any coupon bonds, may, 
 at the request of the lawful holder thereof, change any or all such 
 coupon bonds into registered bonds, either by taking up and can- 
 celing the coupon bonds and issuing registered bonds in lieu thereof, 
 or by writing or printing upon such coupon bonds a proper certifi- 
 cate to the satisfaction of the holder desiring the same, changing 
 such bonds into registered bonds, and may in like manner provide 
 ior changing registered into coupon bonds. Provided, That the 
 amount of the indebtedness of such company or corporation and its 
 liability upon such of its original bonds first issued as are not so 
 changed or exchanged, together with the terms and conditions there- 
 of as to the payment of principal and interest, shall in no wise be 
 altered or affected by any such change or exchange of bonds. [Code 
 1887, ch 54, § 82b, I.] 
 
 Holders of tl|e Borids Entitled to Certairi Security, 
 
 That all bonds issued in lieu of others or changed, as above pro- 
 vided, and the legal holder thereof shall be entitled in every respect 
 to all the security, liens, protection and rights under or arising from 
 any mortgage, deed of trust or other security given by or in anj^ 
 way accruing to such company or corporation for the security or 
 protection of its bonds first issued and so changed or exchanged, as 
 above provided, in the same manner and to the same intent and 
 efiect as if such new or changed bonds were specifically named and 
 described or otherwise duly provided for in such mortgage, deed of 
 trust or other security, the validity and lien of which, as to any 
 bonds not so changed or exchanged, shall remain unimpaired and 
 binding in all respects. [Code 1887, ch. 54, § 82b, II.] 
 
 Taxatiori of Railroad Corporatioris. 
 
 The president, vice president, secretary or principal accounting 
 officers of any corporation or company, owning or operating a rail- 
 road or railway, wholly or in part within this state, for the trans- 
 portation of freight or passengers, or both, for compensation, shall 
 make a return in writing to the auditor on or before the first day of 
 April in each year, which shall be signed and sworn to by one of 
 
74 
 
 said officers, showing in detail the following particulars for the year 
 ending on the thirty-first day of December next preceding, viz : 
 
 First. The whole number of miles of railroad owned, operated 
 or leased by such corporation or company within this state. 
 
 Second. If such road so owned, operated or leased by such cor- 
 poration or company, be partly within and partly without this state 
 the whole number of miles thereof within this state, and the whole 
 number of miles without the same, including its branches in and out 
 of the state. 
 
 Third. Its railroad track in each county in the state throueh 
 which it runs; giving the whole number of miles of road in the 
 county, including the track and its branches, and side and second 
 tracks, switches and turnouts therein, and the fair cash value per 
 mile of such railroad in each county, including in such valuation 
 such main track, branches, side and second tracks, switches and 
 turnouts. 
 
 Fourth. All its rolling stock; giving a detailed statement of the 
 number of cars, including passenger, mail, express, baggage, freight, 
 and other cars of every description, and the fair cas-h value of all 
 such cars used wholly or in part in this state, distinguishing between 
 such as are used wholly in this state and such as are used partly 
 within and partly without the state; the whole number of engines, 
 including their appendages, used wliolly or in part within this state 
 distinguishing between such as are used wholly within this state 
 and such as are used partly within and partly without the same 
 and the fair cash value of such as are used wholly within the »tate, 
 and such as are used partly within and partly without the state;and 
 the proportional value of such cars and engines used by it partly 
 within and partly without the state, according to the time used and 
 the number of miles run by such cars and engines in and out of the 
 state; and the proportional cash value thereof to each county in this 
 state within which said railroad runs. 
 
 Fifth. Its depots, station-houses, freight houses, ma'chine and 
 repair shops and machinery therein, and all other buildings, struct- 
 ures and appendages connected thereto or used therewith, together 
 with all other real estate, other than its railroad track, owned and 
 used by it in connection witli its railroad, and not otherwise taxed, 
 including telcfiraph lines owned or used by it, and the fair cash 
 valueof all buildings and structures, and all such machinery and 
 appendages, and of each parcel of such real estate, including such 
 telegraph line, and the cash value thereof in each county in this 
 state in which it is located. 
 
 Sixth. Its personal property of every kind whatsoever, including 
 
75 
 
 money, credits and investments, wholly held or used in this state, 
 showing the amount and value thereof in each county. 
 
 Seventh. Its actual capital stock and the number, amount and 
 value in cash of the shares thereof; the amount of its capital stock 
 actually paid in ; the total amount of its bonded indebtedness, and 
 of its indebtedness not bonded; its gross earnings for the year, in- 
 cluding its earnings from the telegraph lines, which shall be stated 
 separately, on the whole length of its road, including the branches 
 thereof, in and out of the state, and also such earnings within this 
 state on way freight and passengers, and the proportion of such 
 earnings in this state on through freight and passengers carried over 
 its lines in and out of the state, to be ascertained by the number of 
 miles the same were carried by it within and the number of miles 
 without the state. 
 
 Eighth. Its gross expenditure for the year, giving a detailed state- 
 ment thereof under each class or head of expenditure. If any cor- 
 poration or company fail to make such return to the auditor as 
 herein required, it shall be guilty of a misdemeanor and fined one 
 thousand dollars for each month such failure continues. Prosecu- 
 tions for such failure shall be in the county wherein the seat of gov- 
 ernment is If such returns be made to the auditor, he shall lay the 
 same as soon as practible thereafter, betore the board of public 
 works, and, if such return be satisfactory to the board, it shall ap- 
 prove the same, and by an order entered upon its records, direct the 
 auditor to assess the property of such corporation or company with 
 taxes, and he shall thereupon assess the same as hereinafter pro- 
 vided. But if such return be not satisfactory to the board, or if any 
 such company fail to make such return as herein required, said 
 board of public works shall proceed in such manner as to it may 
 seem best to obtain the facte and information required to be fur- 
 nished by such return; and to this end the said board may send for 
 persons and papers, and may compel the attendance of any person 
 and the production of any paper necessary, in the opinion of said 
 board to enable it to obtain the information desired for the proper 
 discharge of its duties under this section. Any expenses necessa- 
 rily incurred by said board in procuring such information shall be 
 paid by the governor out of the contingent fund. If a.ny person 
 shall refuse to appear before said board when required by it to do 
 so, as aforesaid, or shall refuse to testify before said board in regard 
 to any matter as to which said board may require him to testify, or 
 if any person shall refuse to produce any paper in his possession or 
 under his control, which said board may require him to produce, 
 every such person shall be guilty of a misdemeanor, and fined five 
 hundred dollars, and shall be imprisoned not less than one nor more 
 than six months, at the discretion of the court. Prosecutions 
 against any such person shall also be in the county wherein the seat 
 of government is. As soon as possible, after the board of public 
 works shall have procured the necessary information to enable it to 
 
76 
 
 do so, said board shall proceed to assess and fix the fair cash value 
 of all the property of said corporation or company hereinbefore re- 
 quired to be returned by it to the auditor, so far as the said board 
 has been able to ascertain the same, in each county through which 
 the railroad of any such corporation or company runs. In ascer- 
 taining such value, the board shall consider any return which may 
 have been previously made to the auditor by such corporation or 
 company, and all the evidence and information it has been able to 
 procure by the means aforesaid, and all such as may be offered by 
 such corporation or company. And the decision of said board 
 thereon made shall be final, unless the same be appealed from within 
 thirty days after such decision comes to the knowledge of the presi- 
 dent, vice-president, secretary, or principal accounting officer, or 
 the attorney, of such corporation or company, transacting business 
 for it in the county wherein the seat of government is, in the man- 
 ner following: Any corporation or company claiming to beaggrievd 
 by any such decision maj, within the time aforesaid, appeal there- 
 from as to the assessment and valuation made within each county, 
 through which its road runs, to the circuit court of such county ; and 
 such appeal shall have precedence over all other cases on the docket 
 of such court, and be tried in the shortest time possible after such 
 appeal is docketed. The court shall hear all su-^h legal evidence 
 on such appeal as may be offered by the state, county, district or 
 municipal corporation, and by the corporation or company taking 
 such appeal. And if the court be satisfied that the value so fixed 
 is correct, it shall confirm the same ; but if it be satisfied that the 
 value so fixed by said board is either top high or too low, the court 
 shall correct the valuation so made, and ascertain and fix the true 
 value of such property according to the facts proved, and certify 
 such value to the auditor In case the lists and valuations of the 
 property filed with the auditor as aforesaid, be satisfactory to the 
 board of public works, and in cases where an assessment of the 
 property of such company is made by the board of public works as 
 aforesaid, the auditor shall immediately certify to the county court 
 of each county through which such railroad runs, the value of the 
 property therein of every such eompany as valued or assessed as 
 aforesaid, and it shall be the duty of such court to apportion the 
 whole of such value between such districts and independent school 
 districts in their county through which said road runs, as near as 
 may be according to the value thereof, and then alproportional valua- 
 tion to each municipal corporation in their county through which 
 said road runs, according to the value thereof. It shall be the duty 
 of the clerk of the county court of every county through which any 
 railroad runs, within thirty days after the county and district levies 
 are laid by such court, to certify to the auditor the apportionment 
 made by the county court as aforesaid, and the amount levied upon 
 each one hundred dollars value of the property in|the cou nty for county 
 purposes, and on the value of the property in each magisteral dis- 
 trict through which such railroad is located, for district purposes. 
 It shall also be the duty of the secretary of the board of education 
 
77 
 
 of every school district and independent school district through 
 which the railroad runs, in each county, within thirty days after 
 the levy is laid therein for free school and building purposes, or 
 either, to certify to the auditor the amount so levied on each one 
 hundred dollars value of the property therein for each of said pur- 
 poses ; and it shall be the duty of the recorder, clerk or other recording 
 officer of every municipal corporation, through which such railroad 
 runs, within the same time after a levy is laid therein for any of the 
 purposes authorized by law, to certify to the auditor the amount 
 levied upon each one hundred dollars value of the property therein 
 for each and every purpose. 
 
 Any clerk of a county court, secretary of a board of education, or 
 recorder, clerk or other recording officer of a municipal corporation, 
 who shall fail to perform any of the duties herein required of him, 
 shall be guilty of a misdemeanor and fined not less than one hundred 
 nor more than five hundred dollars. Tn case of the failure of anj' 
 such officer to furnish to the auditor the certificate herein required, 
 the auditor may obtain the rate of taxation for any of said purposes 
 from the copies of land books on file in his office, if the same be 
 found in such, books, and if not. in such other way or manner as he 
 may deem necessary or proper for the purpose. As soon as possi- 
 ble after the value of the property of such corporation or company 
 is fixed by the board of public works, or by the circuit court on apf 
 peal as aforesaid, and after he shall have obtained the information 
 herein provided for to enable him to do so, the auditor shall assess 
 and charge the property of every such corporation or company with 
 the taxes properly chargeable thereon, in a book to be kept by him 
 for that purpose as follows : 
 
 First. — With the whole amount of taxes upon its property for 
 state and state school purposes. 
 
 Second. — With the whole amount of taxes on its property in each 
 county through which its road runs, for county purposes. 
 
 Third. — With the whole amount of taxes on its property in each 
 magisterial district through which its road runs, for road and other 
 district purposes other than free school and building purposes. 
 
 fourth. — With the whole amount of taxes on its property in each 
 school district and independent school district through which its 
 road runs, for free school and building purposes; and, 
 
 lifth. — With the whole amount of taxes on its property in each 
 municipal corporation through which its road runs, for each and all 
 of the purposes for which a levy therein is made by the municipal 
 authorities of such corporation. 
 
 And no injunction shall be awarded by any court or judge to re- 
 strain the collection of taxes, or any part of them so assessed, 
 except on the ground that the assessment thereof was in violation 
 of the Constitution of the United States, or of this state, or that the 
 
78 
 
 sa,me was fraudulently assessed, or that there was a mistake made 
 by the auditor in the amount of taxes properly chargeable on the 
 property of said corporation or company ; and in the latter case, no 
 such injunction shall be awarded unles application be first made to 
 the auditor to correct the mistake claimed, and the auditor shall 
 refuse to do so, which facts shall be stated in the bill. The auditoi 
 shall, as soon as possible after he completes the said assessments, 
 make out and transmit, by mail or otherwise, a statement of all 
 taxes and levies so charged,'to the president, vice-president, secre- 
 tary or principal accounting officer, of such corporation or company. 
 And it shall be the duty of such corporation or company, so as- 
 sessed and charged, to pay the whole amount of such taxes and 
 levies upon its property, into the treasury of the state, by the twen- 
 tieth day of January next after the assessment thereof, subject to a 
 deduction of two and a half /<rr centum upon the whole sum, if the 
 same be paid on or belore that day. If any such corporation or 
 company fail to pay such taxes and levies by the said twentieth day 
 of January, the auditor shall add ten per centum to the amount 
 thereof, to pay the expenses of collecting the same, and shall certify 
 to the sheriff of each county the amount of such taxes and levies as- 
 sessed within his county ; and it shall be the duty of every such 
 sheriff to collect the account for such taxes and levies in the same 
 manner as other taxes and levies are collected and accounted tor by 
 him. And when the district and independent school district taxes 
 and levies are collected by him, he shall immediately pay the same 
 to the treasurer of the proper district. Neither the county court 
 of any county, nor any tribunal acting in any county in lieu of a 
 county court, or otherwise, nor any board of education, nor the mu- 
 nicipal authorities of any incorporated city, town or village, 
 shall have jurisdiction, power or authority, by compromise, or oth- 
 erwise, to remit or release any portion of the taxes or levies so as- 
 sessed upon the property of any such corporation or company; 
 and when such taxes and levies are certified to the sheriff of any 
 county for collection, as aforesaid, it shall be his duty to collect the 
 whole thereof, regardless of any order or direction of any such 
 county court, tribunal, board of education or municipal authority, 
 to the contrary; and if he fail to do so, he and his securities in his 
 official bond shall, unless he be restrained or prohibited from so 
 doing by legal process from some court having jurisdiction to issue 
 the same, be liable thereon for the amount of said taxes and levies he 
 may so fail to' collect, if he could have collected the same by the use 
 of due diligence. Any member of the county court or tribunal acting 
 in lieu thereof, or of a board of education, or of the council or other 
 tribunal of a municipal corporation, who shall vote to remit or re- 
 lease any part of the taxes so assessed on the property of any such 
 corporation or company, shall be guilty of a misdemeanor, and 
 fined five hundred dollars, and shall be removed from his office by 
 the court by which the judgment of such fine is rendered, in addi- 
 tion to such fine. When such taxes and levies due to a municipal 
 corporation are collected by the sherifl, he shall pay the same to 
 
79 
 
 the proper collecting officer or treasurer of such municipal corpora- 
 tion, or otherwise, as the council or other proper authority thereof 
 may direct. And when such taxes and levies are paid, into the 
 treasury, as herein provided, the auditor shall account to the sherifiF 
 oF each of the counties, to which any sum so paid in for county 
 levies belongs, for the amount due such county, and may arrange 
 the same with such sheriff in his settlement for the state taxes in 
 such way as may be most convenient; and the sheriff shall ac- 
 count to the county court of his county for the amount so received 
 by him in the same manner as for other county levies: Provided. 
 That the taxes assessed for the last year of the term of office of a 
 sheriff shall be paid to, or settled with, the sheriff who was in office 
 at the time the assessment was made. The amount so paid in for 
 each district and independent school district shall be added to the 
 distributable share of the school fund payable to such district, and 
 paid upon the requisition of the county superintendent of free 
 schools, in like manner as other school moneys are paid. The au- 
 ditor shall certify to the county court of everj- such county, on or 
 before the first day of April in each year, the amount with which 
 the sheriff thereof is chargeable on account of the levy upon the 
 property of such company. He shall also certify to the county su- 
 perintendent of free schools the amount of such levies due to such 
 district and independent school district in his county for free school 
 purposes. The amount so paid in for each municipal corporation 
 shall, as soon as received by the auditor, be paid over to the treas- 
 urer of the municipal corporation, to which such taxes are due, or 
 to such other officer of the corporation as the council may designate, 
 and the auditor shall report such payment to the council. But the 
 failure of the clerk of any county court, or the secretary of any 
 board of education, or the proper officer of any municipal corpora- 
 tion, tocertify to the auditor the levies or apportionment within the 
 time herein prescribed, shall hot invalidate or prevent the assess- 
 ment required by this section, but the auditor shall make the assess- 
 ment and proceed to collect or certify the same to the sheriff, as 
 soon as practicable, after he shall obtain the information necessary- 
 to make such assessment. The right of the state, or of any county 
 or district or municipal corporation, to enforce, by suit or other- 
 wise, the collection of taxes or levies, heretofore assessed, or the 
 right to which has heretofore accrued, shall not in any manner be 
 affected or impaired by anything in this chapter contained. All 
 buildings and real estate owned by such company or used and occu- , 
 pied for any purpose not immediately connected with its railroad, 
 or which is' rented or occupied for any purpose to or by individuals, 
 shall be assessed, with the taxes properly chargeable thereon, the 
 same as othei property of the like kind belonging to an individual. 
 No such company or corporation as is mentioned in this section 
 shall be exempt from taxation, whether the same has been or may 
 be created, organized or operated by, under or by virtue of any 
 general or special law or laws, or whether heretofore exempted from 
 taxation or not, but this section shall apply to all such com- 
 
80 
 
 panics and corporations without distinction or exception. [Code 
 1887, ch. 29, § 67.] 
 
 Riglrit of Way May be Assessed for Taxation Before Cori- 
 structiori of Road, 
 
 That any person or company, through whose lands a public road 
 has been or may hereafter be established according to law, may 
 have the number of acres so taken and used as a public road, de- 
 ducted from the whole number of acres owned by him or them, dur- 
 ing the time such land is used as a publie highway. And any per- 
 son through whose lands a railroad compaiiy has acquired a right 
 of way by purchase or condemnation, and has taken possession of 
 the same, such person may have the number of acres so acquired 
 for such right of way deducted from the whole number of acres in 
 the tract of land, and the same shall be transferred and charged to 
 the railroad company until such time as the railroad is constructed 
 and assessed by the board of public works, undersection sixty-seven 
 of chapter twenty-nine of the code, and when such railroad is so as- 
 sessed by the board of public works, such right of way shall be 
 stricken from the land books, and be no longer assessed hereunder. 
 Which reduction herein provided for shall only he made by the 
 county court of the county wherein such land may be situated, upon 
 satisfactory proof of the number of acres ot land contained in any 
 such public road, or taken and occupied by any railroad company, 
 and by showing to the satisfaction of the county court, that the 
 applicant is entitled to have the number of acres charged to him re- 
 duced. And any order made by sui^h county court in any such 
 application shall direct the clerk of its court to correct the land 
 books in accordance with the facts as found by such county court. 
 [Acts 1891, ch. 118.] 
 
 Railroad Conqpariies Relieved frorr\ Forfeiture of C]:\arter, 
 
 Any railroad company organized under the laws of this state since 
 the first day of June, one thousand eight hundred and eighty, which 
 shall have complied with section eight, of chapter twenty, of the 
 acts of one thousand eight hundred and eighty-five, or which shall 
 hereafter be relieved pursuant to law from the forfeiture of its char- 
 ter by reason of its having heretofore failed to comply with such 
 section, and which shall commencethe construction of its road with- 
 in one year after the passage of this act, or which shall have here-, 
 tofore commenced, and shall within three years after the passage of 
 the same, actually and in good faith spend thereon ten per cent, of 
 its capital stock actually subscribed, and shall within six years 
 after the passage of this act complete its railroad and put it in 
 operation, then and in every such case the corporate existence, fran- 
 chises and power of such railroad company shall be and remain 
 the same as though the provisions of section sixty-six of chapter 
 seventeen of the acts of one thousand eight hundred and eighty- 
 
81 
 
 one, had been fully complied with by such company, and no for- 
 feiture nor judgment of ouster shall be rendered against said com- 
 pany, by reason of its failure to comply with said section. But if 
 any of said railroad companies shall not commence the constructibn 
 of its road within one year after the passage of this act or shall not 
 have heretofore commenced such construction and shall not expend 
 thereon ten per cent, of the amount ofits capital actually subscribed, 
 within three years from the passage of this act, or shall not finish 
 its railroad and put it in operation within six years from the passage 
 of this act as aforesaid, its corporate existence and powers shall 
 cease. [Code 1887, p. 253, ch. 8, Acts 1887.] 
 
 Perialty for Keepirig Doors of Passenger Cars Loc]s;ed 
 Wtjile iri iVLotiori. 
 
 If any railroad company in this state shall keep all or any of the 
 doors of their p>issenger cars, in which passengers are being car- 
 ried, locked while such cars are in motion, such company shall be 
 subject to a fine of not less than one hundred dollars The agent, 
 conductor, or other person in charge of such cars, shall be held lia- 
 ble criminally for a violation of the forregoing provision, and shall, 
 for every such violation, be fined not exceeding one thousand dol- 
 lars, and imprisoned not exceeding one year [Code 1887, ch. 144, 
 § 18] 
 
 Regxllatioris as to Railroad Statioris. 
 
 Any company or persons operating a railroad in this state are re- 
 quired at all stations to provide and keep, for the accommodation 
 of travelers, suitable water closets, and at stations where they keep 
 an agent, to keep posted in a conspicuous place, at or near the en- 
 trance to the passenger depot, a table giving the time of arrival and 
 departure of all trains carrying passengers, and which stop reg- 
 ularly at such station, and also the direction in which each train is 
 bound; and at air stations at which there is a telegraph office, the 
 said company shall be required to keep a black board, at least four 
 feet in length and two feet in width, in a conspicuous place outside of 
 and near to the entrance to the gaid office, upon which notice shall 
 be given at least fifteen minutes before the schedule time of any train 
 carrying passengers and stopping at such station whether such train 
 is on the schedule time or not, and if late, how much. Every such 
 passenger station shall be opened and kept open for at least one hour 
 before the arrival of each passenger train. For every violation of 
 any of the provisions of this act, the said company or person shall 
 be liable to a fine of ten dollars. [Code 1891, ch. 69.] 
 
 Cofisolidatiori of Railroads 
 
 That it shall be lawful for the Chesapeake and Ohio Railway 
 Company and the Greenbrier and New River Railroad Company to 
 
82 
 
 unite with each other upon such terms for the purchase of the 
 franchises, rights, privileges and property of Ihe latter by the former 
 company ; or for the consolidation of said companies, or for the 
 merger of the said latter company into the said former company, as 
 may be approved by a majority in interest of the Btockholders of 
 said companies Respectively ; and in the event of such purchase, 
 union, consolidation or merger, the said Chesapeake and Ohio Rail- 
 way Company shall be entitled to, and shall have and possess, all 
 the rights, privileges, franchises and property of the said Greenbrier 
 and New River Railroad Company. 
 
 In the event of such purchase, union, consolidation or merger, 
 the said Chesapeake and Ohio Railway Company shall assume all 
 the lawful debts and obligations of the said Greenbrier and New 
 River Railroad Company, and it shall be lawful for the holders of 
 all such debts and obligations to enforce the same directly against 
 said Chesapeake and Ohio Railway Company, subject, however, to 
 the right of the said Chesapeake and Ohio Railway Company to 
 make all and any defenses in law or in fact which the said Green- 
 brier and New River Railway Company would have the right to 
 make to the same. 
 
 It shall be the duty of the said Chesapeake and Ohio Railway 
 Company to file in the office of the secretary of state a copy of the 
 terms of such purchase, union, consolidation or merger, within sixty 
 days from the date thereof 
 
 Pending such purchase, the Chesapeake and Ohio Railway Com- 
 pany may hold the stock of the Greenbrier and New River Railroad 
 Company. [Acts 1893, chap. 4.] 
 
 BANKS. 
 
 To Wliat Law Subject. 
 
 Banks of issue or of discount and deposit, whether heretofore 
 formed under the laws in force at the time of their' formation or 
 hereafter formed under the provisions of this chapter, shall be sub- 
 ject to the provisions of this chapter and of chapters fifty-two and 
 fifty three of the code, so far as the same are applicable and not in- 
 consistent with the following sections of this chapter; but any such 
 bank shall not be subject to such provisions so far as the same may 
 be inconsistent with a special charter to such bank. , fCode 1887 ch. 
 54, § 76.] 
 
 Ivinqitatiori of Capital StocK- 
 
 The capital stock of every banking company, formed under the 
 provisions of this chapter, shall not be less than twenty-five thous- 
 
83 
 
 and dollarg, nor more than five hundred thousand dollars. fCode 
 1887, ch. 54, §77.] 
 
 BariXs Hxltl:\orized to Cl^arige flnqoiliit of Capital StocK; 
 
 Hov^ arid Wtier). 
 
 Any company formed, or which may be hereafter formed, for the 
 purpose of carrying on the business of banking, under the provis- 
 ions of chapter two hundred and fifteen of the acts of one thousand 
 eight hundred and seventy-two and three, may by resolution at any 
 general, adjourned or special meeting of the stockholders thereof, 
 make such increase or reduction of the capital stock and par value 
 thereof as may be decided upon by said stockholders, a majority of the 
 stock of such company being rejjresented by the holders thereof, 
 and such holders being present in person or by proxy, and voting 
 for such increase or reduction of the capital stock and par value 
 thereof as may be decided upon by said stockholders, a majority 
 of the stock of such company being represented by the holders 
 thereof, and such holders being present in person or by proxy, and 
 voting for such increase or reduction. Provided, That no increase 
 or reduction shall conflict with the limitations prescribed by section 
 twelve of said chapter, and that a notice under the signature of the 
 president of said company of the intention to offer, such resolution 
 shall be sent through the mails of the United States to each stock- 
 holder ten days previous to such meeting ; or that notice of such in- 
 tention be given by advertisement published once a week for two 
 successive weeks in some weekly newspaper of general circulation, 
 printed in this state, or for ten successive days, Sunday excepted, 
 m some daily newspaper of like circulation printed in said state. 
 When such increase or reduction shall have been made by any such 
 company, the president thereof shall, under his signature and the 
 seal of the company, certify the resolution to the secretary of state, 
 and the secretary of state, under his hand and the great seal of the 
 state, shall issue to such company a certificate reciting the resolution 
 and declaring such increase or reduction to be be authorized by law, 
 and such certificate shall be evidence of such increase or reduction 
 and authority to make the same in all courts and places. [Code 
 1887, ch. 54, § 77a, I.] 
 
 Persorial Liabilities of StocKliolders. 
 
 The stockholders of every bank heretofore or hereafter organized, 
 under the act passed December twenty-six, one thousand eight hun- 
 dred and seventy-three, entitled, "an act to provide for the incor- 
 poration of banks of discount and deposit," or under this chapter, 
 shall be personally liable to the creditors thereof, over and above 
 the amount of stock held by them respectively, to an amount equal 
 to their respective shares so held, for all its liabilities accruing while 
 they are such stockholders. [Code 1887, ch. 64, § 78.] 
 
84 
 
 Directors. 
 
 Every director of a bank must be a stockholder thereof, and shall, 
 before entering up )n his duties as such, take aa oath that he will, 
 so far as the duty devolves upon him, diligently and honestly ad- 
 minister the affairs of the company, and that he will not knowingly 
 and willingly permit to be violated any of the provisions of the 
 laws of this state relating to banks; that he is the bona fide owner in 
 his own right of the stock standing in his name on the books of the 
 company, and that the same is not hypotheticated in any way or 
 pledged as security for any loans obtained or debts owing; which 
 oaih, subscribed by himself and certified by the officer before whom 
 it is taken, shall be filed and carefully preserved in the office of such 
 bank. [Code 1887, ch. 54, § 79.] 
 
 Meeting of StocXllolders. 
 
 No meeting of the stockholders or directors of a bank shall be 
 held out of this state. [Code 1887, ch. 54, § 80.J 
 
 Po-weriS of BariXs. 
 
 Every such bank may exercise, under the laws of this state, all 
 such incidental powers as phall be necessary to carry on the busi- 
 ness of banking, by discounting promissory notes, negotiating 
 drafts, bills of exchange, and other evidences of indebtedness, re-^ 
 ceiving deposits, buying and selling exchange, bank notes, bullion 
 or coin, and by loaning money on personal or other security. [Code 
 1887, ch. 64, §8].] 
 
 INSURANCIr:, TELEGRAPH AND EXPRESS 
 COMPANIES. 
 
 Distinction Bet-Ween Dornestic and Foreign Conqpanies, 
 
 Every insurance, telegraph or express company having its princi- 
 pal place of business in this state, and incorporated by act of the 
 general assembly of Virginia, passed before the twentieth day of 
 June, one thousand eight hundred and sixty-three, or heretofore or 
 hereafter incorporated under and pursuant to any act of the legis- 
 lature of this state, shall be deemed a domestic company ; and every 
 other insurance, telegraph, or express company, a foreign comnany 
 [Code 1887, ch. 34, § 1.] 
 
85 
 
 Certificate frorq fliJditor. 
 
 It shall not be lawful for any officer or agent of any life, fire or 
 marine insurance company, directly or indirectly, to take risks or 
 issue policies of insurance within this state without first procuring 
 from the auditor a certificate hs hereinafter directed. Before ob- 
 taining such certificate such company, its officers or agents, shall 
 furnish the auditor with a statement, under oath, of the president 
 or the secretary of the company for which he may act, which state- 
 ment shall show : 
 
 First. - The name and locality of the company. 
 
 Second. — The amount of its capital st^k. 
 
 Third. — The amount of its capital stock paid up. 
 
 Fourth.— Yhe. assets of the compamy ; including, first, the amount 
 of cash on hand, and in the hands of agents or other persons; sec- 
 ond, the real estate unincumbered ; third, the bonds owned by the 
 company and Kow they are secured, with the rate of interest thereon ; 
 fourth, debts due the company secured by mortgage or otherwise; 
 fifth, debts for premiums; sixth, all other securities. 
 
 Fifth. — The amoiint of liabilities due or owing to the banks or 
 other creditors of the company. 
 
 Sixth — Losses adjusted and due. 
 
 Seventh. — Losses adjusted and not due. 
 
 Eighth. — Losses unadjusted. 
 
 Ninth — Losses in suspense, waiting for further proof. 
 
 Tenth. — All other claims against the company. 
 
 Eleventh — The greatest amount insured in any one risk ; which 
 statement shall be filed in the office of the said auditor. No foreign 
 insurance company, or agent thereof, shall transact any business o 
 insurance in this state, unless such compan}' is possessed of at least 
 one hundred thousand dollars of actual capital, invested in the stock 
 or bonds of some one or more of the states of this Union, whose 
 bonds are at par, or of the bonds of the United States, at the cur- 
 rent market value thereof at the date of such statement, or in bonds 
 secured by mortgage or deed of trust on real estate worth double 
 the amount for which the same is mortgaged, free from any prior 
 incumbrance, and having undoubted title. 
 
 Life insurance companies or associations doing business in this 
 state, shall not make any discrimination in favor of individuals of 
 the same class, and of the same expectation of life, either in the 
 amount of premium charged or in any return of premium, dividends 
 or other advantages, and no agent of any such insurance copapa,);!^ 
 
86 
 
 shall make any contract for insurance or agreement as to such con- 
 tract of insurance other than that which is plainly expressed in the 
 policy issued, nor shall any such company or agent pay or allow, or 
 offer to pay or allow, as inducement to any person to insure, any re- 
 bates of premium, or any special favor or advantage whatever in the 
 dividends to accrue thereon, or any inducement whatever not speci- 
 fied in the policy. Whenever it shall appear to the satisfaction of 
 the auditor, after a hearing held by him upon due notice, that any 
 company is issuing policies or making contracts that are either di- 
 rectly or indirectly a violation of this act, he shall thereupon, with 
 the approval of the attorney -general, in writing, require said com- 
 pany and its officers and agents to refrain, within twenty days, from 
 making or delivering any such policy or contract, and the mak- 
 ing or delivering of any such policy or contract thereafter, shall ren- 
 der such company or person guilty of a misdemeanor, and shall be 
 subject upon conviction, before any court in this state, to a fine of 
 not less than one hundred, nor more than five hundred dollars It 
 is further made the duty of said auditor, in case of the failure of 
 any company, or its officers or agents, to comply with the said re- 
 quirement within the twenty days, to publish a notice of the fact 
 in some state newspaper once a week for four weeks. 
 
 No person shall act as agent or broker in the solicitation or appli- 
 cation for a policy of insurance, for any company or corporation re- 
 ferred to in this act, without first procuring a certificate of authority 
 from the auditor. Said certificate of authority must be renewed an- 
 nually, on the first day of January, or within sixty days thereafter. 
 
 A.ny person violating the provisions of this act shall be deemed 
 guilty of a misdemeanor, and it is hereby made the duty of the au- 
 ditor, on the conviction of any person acting as agent, or broker, 
 to revoke at once the certificate of authority issued to him, and no 
 such certificate shall be thereafter issued to said convicted person 
 by said auditor for the term of three years from the date of his con- 
 viction. The auditor shall be authorized to examine into the con- 
 dition and affairs of any insurance company doing business in this 
 state, or cause such examination to be made by some person or per- 
 sons appointed by him having no interest in any insurance com- 
 pany, and whenever it shall appear to the satisfaction of said audi- 
 tor that the affairs of any such company are in an unsound condi- 
 tion, he shall revoke the certificate granted in behalf of such com- 
 pany, and shall cause a notification thereof to be published in some 
 newspaper of general circulation published at the capital of the state, 
 and the agent or agents of such company are, on and after such no- 
 tice, required to discontinue the issuing of any new policy or of the 
 renewal of any previously issued. The expenses of every such ex- 
 amination shall be paid by the company examined, and the auditor 
 may, before beginning any such examination, require satisfactory 
 security for the payment thereof, and if the same is not furnished, 
 the auditor shall refuse or revoke the corporation's certificate of au- 
 thority, the same as if it had been found in an unsound condition. 
 When by the laws of any other state any deposit of money or of se- 
 
87 
 
 curities, or other obligations or prohibitions, are imposed or would 
 be imposed on insurance companies of this state doing, or that 
 might seek to do business in such other state, or upon their agents 
 therein, so long as such laws continue in torce, the same obligations 
 and prohibitions, of whatever kind, shall be imposed upon all insu- 
 rance companies of such other siate doing business within this state, 
 or upon their agents here. 
 
 But no foreign insurance company shall do busine^s in this state 
 which fails to pay four months after the rendition thereof any final 
 judgment, or decree of any court of this state against it, and if any 
 such company have obtained the auditor's certificate for trnsacting 
 business in this state, the auditor being satisfied such judgment or 
 decree remains unpaid after such period, shall revoke and annul 
 such certificate, and give notice thereof as aforesaid; Ft-ovided, 
 however, in case any appeal, writ of error or supersedeas be allowed 
 to such judgment or decree, the auditor shall not revoke said certifi- 
 cate till sixty days after such appeal, writ of error or supersedeas be 
 finally determined. [Code 1887, ch 34, § 2, as amended by ch. 108, 
 Acts 1891.] 
 
 Wtieri fiuditor to Issile Certificate, ^ 
 
 Upon a compliance with the provisions of the preceding section 
 by such ioreign company, and upon satisfactory evidence of such 
 investment by it, and of the making of such deposits and compli- 
 ance with such obligations as niay be required by reason of the laws 
 of any other state, it shall be the duty of said auditor to issue certifi.- 
 cate thereof with authority to the company so complying, its agent 
 or agents, to transact the business of insurance. The sai 1 state- 
 ments, instruments and evidence shall be renewed annually in the 
 month of January in each year; and the auditor on being satisfied 
 that the capital; securities and investment, remain secure as at 
 first, shall furnish a renewal of the certificate as aforesaid, and the 
 company, agent or agents, obtaining such certificate shall cause the 
 same to be published in some newspaper of general circulation pub- 
 lished in the state, and cause a copy of such publication to be filed 
 in the office of the clerk of the circuit court in each county where 
 said company, its agent or agents, does insurance business, and for 
 any failure to cause such publication and filing, shall be fined fifty 
 dollars. Every such certificate shall recite the statement and evi- 
 dence required by this and the preceding sections; and upon any 
 domestic company complying with what is required of it by the pre- 
 ceding section, the auditor shall issue a like certificate thereof. 
 [Code 1887, ch. 34, § 3.] 
 
 Htlditor's Fees. 
 
 The auditor shall be entitled to ten dollars in each case for the 
 examination of statements, and investigation of the evidences of in- 
 
vestment, and five dollars for each certificate of authority issued 
 under the provisions of this chapter. [Code 1887, ch. 34, § 4.J 
 
 Copies Certified by Hxlditor to be Received as Evidence. 
 
 The written or printed copies of all papers required by this chap- 
 ter to be deposited with the auditor, certified under the hand of such 
 auditor to be true and correct copies of such papers, shall be re- 
 ceived as evidence in all courts and places in the same manner, and 
 have the same force and effect as the original would have if pro- 
 duced. [Code 1887, ch. 34, § 5 ] 
 
 HssessTrier\t of Property. 
 
 The property of all domestic insurance, telegraph and express 
 companies shall be assessed for taxation as other property in this 
 state. Bat the stock notes of such companies shall not be assessed; 
 nor shall such notes or any part of them be considered a part of the 
 indebtedness of the maker thereof, in listing his property for taxa- 
 tion. [Code 1887, ch. 34, § 6.J 
 
 Returns. 
 
 . Every foreign insurance, telegraph and express company doing 
 business in this state, or the agent or agents thereof, shall annually 
 make returns to the auditor as folio we: Provided, That where there 
 are several agents of any such company in this state, the returns 
 may be made by any one of them on behalf of all. [Code 1887, ch. 
 34, §7.] 
 
 Wljat Retxirri by lr\STirarice Con\par|y to Sl:io\s^. 
 
 If such returns be made on behalf of an insurance company, they 
 shall show the amount or premiums on all insurances made, renewed 
 or negotiated within this state, or on any subject of insurance within 
 this state, on behalf of such company, during the period to which 
 the said returns relate, including as well premiums uncollected as 
 those which are paid. [Code 1887, ch. 34, § 8.] 
 
 Wtiat ori Bei\alf of a Telegrapl) Coiripar\y. 
 
 If the returns be made on behalf of a telegraph company, they 
 shall show the gross receipts for all dispatches or messages sent and 
 received by such company within this state, during the period to 
 which such returns relate. [Code 1887, ch. 34, § 9.] 
 
 Stftiat ori Bet|alf of ax\ Express Corripariy. 
 
 If the returns be made on behalf of an express company, they 
 shall show the amount of charges and freights, whether paid or un- 
 
89 
 
 collected, accruing to such company during the period to which the 
 said returns relate, on account of money, goods and merchandise, 
 forwarded or carried within this state by the said company or under 
 its charge or care. [Code 1887, ch. 84, §" 10.] 
 
 Wtieri Siicl^ Returns Stiall be Kade. 
 
 The said returns shall be made within twenty one days after the 
 first day of February in every year, and shall include the business 
 of the twelve months preceding the first day of January in that 
 year, and any business omitted in a former period. The amount 
 only may be stated in the returns without the particulars, unless 
 a, more specific return be required by the auditor. The returns so 
 made shall be verified by the affidavit of the officer or agent making 
 the same. [Code 1887, ch. 34, § 11.] 
 
 Duties of Hxiditor, 
 
 It shall be the duty of the auditor to cause the provisions of this 
 chapter to be carried into effect, and he may from time to time pre- 
 scribe such forms and regulations as are proper for that purpose. 
 And it shall be the duly of every assessor to transmit to the auditor, 
 within the week preceding the first day of February in every year, 
 a. list of all such companies or agents doing business within his as- 
 sessment district, as are required to make returns as aforesaid. 
 [Code 1887, ch. 34, § 12.] 
 
 Tax to be Paid. 
 
 At the time of making such return by any foreign insurance, tele- 
 graph or express company, the officer or agent making the same 
 shall pay into the treasury of the state a tax of two per cent, on the 
 gross araount of the premiums, or charges and freights or receipts 
 for dispatches and messages, stated in the said return, which shall 
 be in full of state taxes only. The company paying such taxes shall 
 take duplicate receipts therefor, one of which shall be filed with 
 the auditor. Should any company fail to make such payment and 
 file such receipt, the auditor shall not isssue to such company the 
 certificate mentioned in the third section of this chapter so long as 
 such failure may continue. Provided, That any foreign live stock 
 insurance company which shall invest in this state the whole amount 
 of its net receipts from its business therein, shall pay only one-half 
 of the aforesaid rates. [Code 1887, ch. 34, § 13. 
 
 Penalty for Failure. 
 
 Every company or agent hereby required to make return or 
 payment as aforesaid, who shall fail to do so, or knowingly make a 
 false return, shall forfeit not less than one hundred nor more than 
 
90 
 
 one thousand dollars for every such offense. [Code 1887, ch. 34, 
 § 14.] 
 
 Service of Process arid Notice. 
 
 Every foreign insurance, telegraph and express company doing 
 business in this state, shall, by power of attorney, duly acknowl- 
 edged and authenticated, and tiled by the company in the office of 
 the auditor, appoint some person residing in this state to accept 
 service of process and notices in this state for the said company; 
 and by the same instrument shall declare its consent that service of 
 any process or notice in this state on the said attorney, or his ac- 
 ceptance of service endorsed thereon, shall have the same effect as 
 service thereof upon the company. And thereafter such acceptance 
 by the said attorney, or service upon him, shall be equivalent, for 
 all purposes, to service upon his principal. [Code 1887, ch. 34, 
 
 §15-] 
 
 Revocatiori of^PoiA^er of Httorriey. 
 
 As long as any liability of the company in this state remains un- 
 satisfied, no revocation of any such power of attorney shall be of 
 any effect, until after a like power to some other person residing in 
 this state has been filed by the said company in the office of the 
 auditor. And when any such attorney diesor resigns, the company 
 shall immediately make a new appointment and file the evidence 
 thereof as aforesaid, until all its liabilities in this state are discharged. 
 [Code 1887, ch. 34, § 16.] 
 
 Copy of Po^Wer of Httorriey as Eviderice. 
 
 A copy of any such power of attorney, certified by the auditor 
 under his hand, shall be received in all courts and places 2& prima facie 
 evidence of the execution and contents of such instrument. The 
 auditor may demand for such copy fromtheperson applying therefor, 
 a fee at the rate of fifteen cents for every hundred words. [Code 
 1887, ch. 34, § 17.] 
 
 Coriditiori Precedent to Trarisactiori of BxJstr\ess. 
 
 No officer or agent of a foreign insurance company shall make, 
 renew or negotiate in this state any insurance or contract for insur- 
 ance on behalf of such company, nor shall any agent of a foreign 
 express company undertake, in this state, to forward or carry any 
 money, goods or merchandise, on behalf of such express company, 
 unless the said insurance or express company has complied with 
 the fifteenth and sixteenth sections of this chapter. No officer 
 or agent of any insurance company shall make, renew or nego- 
 tiate, in this state, any insurance or contract for insurance on 
 behalf of such company, or transact any business for such com- 
 
91 
 
 pany, directly or indirectly, without first obtainiug the auditor's 
 certificate of authority as required by law ; and this applies to 
 all persons engaged in any manner in soliciting risks, issuing 
 or obtaining the issue oi policies, selling tickets of insurance 
 or otherwise doing business of insurance. Any person violating this 
 section shall forfeit not less than twenty nor more than two hundred 
 dollar.'^ for every such offense ; but the contract or undertaking shall 
 nevertheless not be invalidated by anything in this section con- 
 tained. [Code 1«87, ch. 34, § 18.] 
 
 TITLE AND TRUST COMPANIES. 
 
 (Acts 1891, oh. 28.1 
 
 Powers arid Privileges. 
 
 Every company which may have been heretofore, or which may 
 hereafter be, incorporated under the laws of this state, for the pur- 
 pose of insuring owners of, arid other persons interested in, real 
 estate against loss by reason of defective titles, liens and incum- 
 brances, or as a trust company, shall have the power and right: 
 
 First. — To make insurance of every kind pertaining to or connected 
 with titles to real estate, and notwithstanding the provisions of sec- 
 tion three of chapter fifty-two of the code ot this state to buy, sell 
 and guarantee bonds, loans and evidences of indebtedness, whether 
 of persons or corporations, and make, execute and perfect such and 
 so many contracts, agreements, policies and other instruments as 
 may be required therefor. 
 
 Second. — To engage in a general banking business, and exercise 
 under the laws of this state, all such incidental powers as shall be 
 necessary to carry on the business of banking, by discounting 
 promissory notes, negotiating drafts, bills of exchange and other 
 evidences of indebtedness, receiving deposits, buying and selling 
 exchange, bank notes, bullion or coin, and by loaning money on 
 personal or other security. But the powers conferred by this clause 
 shall only be exercised as follows: Any such corporation may en- 
 gage in business as a banking institution upon adopting a resolution 
 to that effect, adopted by vote of the holders of two thirds of its 
 capital stock, at a general meeting called in the manner prescribed 
 in section forty-one of chapter fifty-three of the code! A copy of 
 such resolution certified to be such by the president of the corpora- 
 tion under its corporate seal, shall be filed with the lecretary of 
 
92 
 
 state, who shall under his hand, and the great seal of the state, 
 issue to such corporation a certificate reciting the resolution and de- 
 claring such company to be a banking institution ; which certificate 
 shall be received in all courts and places as evidence of the author- 
 ity of such corporation to conduct a banking business, as hereinbe- 
 fore provided. The provisions of sections seventeen, eighteen, 
 nineteen and twenty of chapter fifty-four of the code shall apply to 
 such certificate. When such certificate shall be issued, such cor- 
 poration and its stockholders shall be subject to all the provisions 
 of chapter fifty-four of the code, relating to banks of issue and cir- 
 culation, and of discount and deposit, so far as the same are ap- 
 plicable, and not inconsistent with the powers hereby granted to said 
 companies. 
 
 Third. — To make insurance for the fidelity of persons holding 
 places of responsibility and trust, and to receive upon deposit for 
 safe keeping, jewelry, plate, stocks, bonds and valuable property of 
 every description, upon terms as may be agreed upon. 
 
 Fourth. — To act as trustee, assignee or receiver, and to execute 
 trusts as trustee, assignee or receiver. 
 
 Fifth. — To act aw agent for the purpose of issuing, registering or 
 countersigning, purchasing or selling the certificates of stock, bonds 
 or other obligations of any corporation or municipality, state or 
 public authority, and to receive and manage any sinking fund 
 thereof on such terms as may be agreed upon. 
 
 Sixth. — To become surety in any case where by law one or more 
 sureties may be required for the faithful performance of any trust, 
 office, duty, action or engagement. 
 
 Seventh. — To take, receive and hold any and all such pieces of 
 real property as may have been, or may hereafter be the subject of 
 any insurance made by such companies under the powers conferred 
 by their certificates, of incorporation, and the same to grant, bar- 
 gain, sell, convey and dispose of in any such manner as they see 
 proper. 
 
 Eighth — To purchase and sell real estate for others, and lake 
 charge of the same for others. 
 
 Ninth. — To act as security for the faithful psrformance of any 
 contract entered into with any person, firm, or municipal or other 
 corporation, or with any state or government or public authority, 
 by any person or persons, corporation or corporations. 
 
 Tenth — To become security for the faithful performance of the 
 duties of any officer, clerk or employe of any corporation other than 
 a municipal corporation, firm or person. 
 
93 
 
 Eleventh.- -"Yq become security upon any writ of error, iuperse- 
 deas or appeal, or in any proceeding instituted in any court ol this 
 state, or of' the United States held within this state, in which secu- 
 rity may be required, but nothing in this act shall be so construed 
 as to dispense with the approval of such body, corporation, court or 
 officer, as is by law now required to approve'such security. 
 
 Wtieri Court May investigate Stlcl^ Con\pariy. 
 
 2. Whenever any court shall appoint any such company trustee 
 or receiver, or to execute any trust authorized by this act, or 
 whenever any such company is offered as surety to any court, or 
 the clerk thereof, the said court, may, in its discretion, on its own 
 motion, or upon the application of any person interested, appoint a 
 suitable person to investigate the aflairs and management of the 
 company so appointed or ofifered, who shall report to such court the 
 manner in which its investments are made, and the security ofiered 
 to those by or for whom its engagements are held; and the expense 
 of such investigation shall be defrayed by the said company, and 
 the court may, if deemed necessary, examine the officers of said 
 company under oath or affirmation, as to the security aforesaid 
 
 Officers to TaXe Oatli Required of Fiduciary. 
 
 3. Whenever any court shall appoint any such company trustee 
 or receiver, or to execute any trust, or whenever any such company 
 is offered as surety to any court or clerk thereof, the president, vice- 
 president, secretary or treasurer of such company shall take the oath 
 or make the iiffirmation now required by law to be made by such 
 fiduciary or suerty. 
 
 Trust Furids to be Kept Separate. 
 
 4. Every such corporation shall keep all trust funds and invest- 
 ments, separate and apart from its own assets, and all investments 
 made by any such corporation as fiduciary, shall be so designated, 
 as that* the trust to which such investment shall belong shall be 
 clearly known. 
 
 Not to be Surety for Certain Officers. 
 
 5. But nothing in this act shall be so construed as to authorize or 
 empower any such corporation to become security for the faithful 
 performance of the duties of any national, state, county, district or 
 municipal officer. 
 
 Fidelity arid Guarar^ty Coinpariies. 
 
 That any fidelity, guaranty, surety, oriother company duly incor- 
 porated under the laws of any other state, or of the United States 
 
94 
 
 and having under its charter the power to become surety, be and the 
 same is hereby authorized and empowered to guarantee the fidelity 
 of persons holding places of trust or responsibility in, to or under 
 this state, or any county, city, corporation, company, government, 
 perso'i or persons, whatsoever; to become security for the faithful 
 performance of any trust, office, duty, contract or agreement; and to 
 supersede any judgment, or to go upon any appeal, attachment, re- 
 plevin, guatrdian, trustee, administration or other bond ; and it is 
 further authorized to become sole surety in all cases where by law 
 one or more sureties are required for the faithful performance of any 
 trust or office ; and it shall and may be lawful for any court, clerk, 
 or other officer, to approve said company as sole surety in all cases, 
 and in all cases the officers and affairs of said companies may be sub- 
 ject to an examination by such court, clerk or other officers ; and it 
 shall be lawful for said company to stipulate and provide for indem- 
 nity from the parties aforesaid for whom they shall so become 
 responsible, and to enforce any bond, contract, agreement, pledge or 
 other security made or given for that purpose : Provided, That any 
 company mentioned in this section, before acting under the provis- 
 ions hereof, shall deposit in one or more of the state depositories of 
 this state, the sum of not less than fifty thou.sand dollars cash, or 
 collateral security equivalent to this amount of mone}', which sum 
 or cellateral security shall be and remain in said depository as a fund 
 to protect all parties who are interested in- the provisions of this act; 
 and in case of any recovery against any such company or corpora- 
 tion within this state, upon a certified copy of the judgment, decree 
 or order so rendered against said company being presented to the 
 cashier of any bank wherein said sum or securieties or part thereof 
 are deposited, under the provisions of this act, then said cashier shall 
 pay the same within sixty days, unless said judgment is stayed by 
 appeal, supersedeas, or in some other legal way 
 
 The said company sliall comply with all the provisions of law 
 applicable to fire insurance companies of other states doing business 
 in this state. 
 
 Said company shall, by a power of attorney duly acknowledged 
 and authenticated, and filed by it in the office of the auditor, ap- 
 point some person residing in this state to accepc services of process 
 and notice, in this state, for the said company; and by the same in- 
 strument shall declare its consent that service of any process or no- 
 tice in this state on said attorney, or his acceptance of service en- 
 dorsed thereon, shall have the same effect as if served on him in the 
 county where the surety is given or where the suit is instituted, and . 
 shall in all respects, have the same effect as service thereof upon the 
 company. And thereafter such acceptance by the said attorney, or 
 service upon him, anywhere in this state, shall be equivalent to 
 service in the county where the suit was brought, and for all pur- 
 poses, to service upon its principal, [Acts .1893, oh. 27.] 
 
95 
 
 CORPORATIONS FOR CONSTRUCTING 
 
 BOOMS. 
 
 Cottrities iri Wtiicii Incorpomtiori Huttiorized. 
 
 That any number of persons, not le^s than five, may become an 
 incorporated company for the purpose of constructing any boom or 
 booms with or without piers, dam or dams, in the rivers, creeks or 
 other streams within any of the follo\»'ing counties in this state, to- 
 wit: Gilmer, Greenbrier, Summers, Raleigh, Fayette, Mineral, Po- 
 cahontas, Pleasants, Nicholas, Webster, Lewis, Wetzel, Jackson, 
 Wyoming, Tucker, Preston, McDowell, Randolph, Barbour, Mercer, 
 Logan, Calhoun, ]?raxton, Cabell, Boone, Upshur, Monroe, Wood, 
 Ritchie and Kanawha, (except Elk river and its tributaries, within 
 the limits of Kanawha county), which may be necessary for the pur- 
 pose of stopping and securing boats, rafts, logs, masts, spars, lumber 
 and other timber. No such boom or dam shall be constructed in 
 any of the rivers, creeks or other streams of the state which are navi- 
 gable by steamboats at an ordinary stage of water above the places 
 where such boom or dam is proposed to be located. [Code 1887, § 
 1, p. 984, as amr-nded by ch. 8, acts 1889.] 
 
 Hom; to Organize. 
 
 Such persons shall organize by adipting and signing articles of in- 
 corporation, which shall be acknowledged by the several incorpora- 
 tors before some person authorized to take acknowledgments of 
 deeds, and such acknowledgments shall be certified by the officers 
 before whom they are made, and be recorded in the office of the 
 clerk of the county court in the county in which any such boom 
 may be constructed, and in the office of the secretary of state. Th6 
 organization of such proposed corporation shall take place within 
 six months from the filing of such articles in the last named office. 
 Such articles shall contain : 
 
 First. — The name of the proposed corporation. 
 
 Second. — The place at or near which it is proposed to construct 
 such boom or other structure for the purpose aforesaid. 
 
 Third. — The place at which shall be established and maintained 
 the principal office of such corporation. 
 
 Fourth. — The time of commencement and the period of continu- 
 ance of such proposed corporation. 
 
96 
 
 Fifth. — The amount of capital stock of such proposed corporation, 
 the number and amount of shares at the par value thereof. 
 
 Sixth. — The names and places of residence of the several persons 
 forming the association for incorporation, and the number of shares 
 subscribed by each, and that at least ten per cent of the par value 
 of each share has been paid. And the affidavits of at least two of 
 the corporators named in the agreement shall be annexed thereto 
 to the effect that the amount stated to be paid on the capital stock 
 has been, in good faith, paid in for the purposes and business of the 
 intended corporation, without any intention or understanding that 
 the, same shall be withdrawn therefrom before the expiration or dis- 
 solution of the corporation [Code 1887, p. 984-5, acts 1877, ch. 
 1 il, §§ 2 and 3.] 
 
 Certificate of Secretary of State, 
 
 When the articles shall have been filed and recorded as aforesaid, 
 the secretary of state shall issue his certificate in accordance with 
 section nine of chapter fifty-four of the code of West Virginia, and 
 the persons named as corporators shall thereupon become and be 
 deemed a body corporate, and shall be authorized to proceed to 
 carry into effect the object set forth in such articles, in accordance 
 with the provisions of this act. As such body corporate they shall 
 have succession for the time limited in the articles of incorporation, 
 and, in their corporate name, may sue and be sued, ple'ad and be 
 impleaded. The said corporation shall have a common seal which 
 it may alterat pleasure; may declare the interest of its stockholders 
 transferable ; shall establish by-laws, and may make all rules and 
 regulations deemed necessary for the management of its affairs, in 
 accordance with law. A copy of any articles of incorporation filed 
 and recorded in pursuance of this act, or the record thereof, and 
 certified to be a copy by the secretary of state, shall be presumptive 
 evidence of the incorporation of such company and of the facts 
 therein stated. [Code 1877, p. 985; Acts 1887, ch. 121, § 4 ] 
 
 Recordatior\ of By-La-Si^s, 
 
 A copy of the by-laws of the corporation, when formed and 
 adopted by the stockholders, duly certified, shall, within thirty 
 days after their adoption, be recorded as provided for the recording 
 of the articles of incorporation in section two of this act And all 
 amendments and additions thereto, duly certified, shall also be re- 
 corded as herein provided, within ninety days after they have been 
 adopted. [Code 1887, p. 98o ; Acts 1877, ch 121, § 5.] 
 
 Meetirig of Corporators. 
 
 Every such corporation organized under the provisions of this act, 
 shall hold its first meeting at such time and place as may be desig- 
 
97 
 
 nated by the corporators thereof, and all subsequent meetings at 
 such place or places, in or out of this state, as the directors may 
 from time to time appoint, except as hereinafter specially provided, 
 and the stockholders shall have authority at their first meeting, or 
 any subsequent meeting, to fix and determine the place of meeting 
 (in or out of the state) of the directors and the principal office or 
 place of business of said corporation . Such corporation shall have 
 and maintain an office or place in this state for the transaction of 
 business, where an exhibit of all transfers of its stock shall be kept, 
 and in which shall be kept, for inspection of any officer or stock- 
 holder, books wherein shall be recorded the amount of capital stock 
 subscribed, and by whom, the names of the owners of its stock, the 
 number of shares held by each person, and the number by which 
 each of said shares is respectively designated, and the amount owned 
 by them respectively ; the amount of stock paid in, and by whom ; 
 the transfer of said stock, the amount of its assets and liabilities, 
 and the names and places of residence of all its officers. [Code 1887, 
 p. 986; Acts 1877, ch. 121, § 6.] 
 
 Hppoiritrr\erit of a Person to ficcept Service of Process, Etc. 
 
 Every such corporatin shall, within one hundred days after or- 
 ganizing, appoint, by power of attorney duly executed, some per- 
 son residing in the county in this state wherein it has an office, to 
 accept service on behalf of said corporation, of any process or 
 notice ; the said power of attorney shall be filed and recorded in 
 the clerk's office of the county in which the attorney resides; and 
 the admission to record of such power of attorney shall be deemed 
 evidence of a compliance with the requirement of this section. 
 Any such corporation failing to comply with such requirement shall, 
 during the continuance of such failure, forfeit not less than five 
 hundred nor more than one thousand dollars for every six months 
 that such failure continues; and its property, real and personal 
 shall be liable to attachment in like manner as the property of 
 non-resident defendants.- And whether such attorney accept the 
 attorneyship or not, the service of process upon such person so ap- 
 pointed shall be -legal and binding on the corporation. [Code 1887, 
 p. 986; Acts 1877, ch. 121, § 7.] 
 
 Corporate Po^a^ers Yested iri Board of Directors 
 
 All the corporate powers of every such corporation shall be vested 
 in and be exercised by a board of directors, composed of not less 
 than five nor more than thirteen persons, who shall be stockholders 
 of the corporation, and shall be elected at the annual meeting of the 
 stockholders, which annual meeting shall be held at such time and 
 place as may be prescribed by the by-laws; or if there be no such 
 by-law, then on the first Tuesday in September in each year, at the 
 principal office or place of business of the corporation. The num- 
 ber of such directors, manner of the election, and the mode of filling 
 
vacancies, shall be epecifled in the by-laws, subject to the provisions 
 of chapter one hundred and eighty-one of the acts of one thousand 
 eight hundred and s(^venty-two and three, and shall not be changed 
 except at the annual meeting of the stockholders At all regular 
 meetings, a majority in value of the stock of such corporation shall 
 be represented either in person or by proxy. [Code 1887, p. 986 ; 
 acts]S77, ch. 121,§8.] 
 
 Special iVLeetiqgs. 
 
 A special meeting ol the stockholders may be called at any time 
 between the annual meetings, by a majority of the directors, or by 
 the stockholders owning not less than one-fourth of the stock, by 
 giving thirty, days' public notice of the time and place of such meet- 
 ing, and the object thereof, in some newspaper of general circulation, 
 published near the principal office or place of business of the cor- 
 poration. If at any such special meeting so called, a majority in 
 value of the stock, equal to two-thirds of the stock of such corpora- 
 tion shall not be represented in person or by proxy, such meet- 
 ing shall be adjourned from day to day, not exceeding ten days, 
 without transacting any business; and if within said ten days, two- 
 thirds in value of said stock shall not be so represented at such meet- 
 ing, then the meeting shall be adjourned J'l/'if die^ and a new notice 
 may be published as berein provided. LCode 1887, p. 987; Acts 
 1877, cti'. 121, §9. 
 
 Failure to Elect Directors. 
 
 Incase it shall happen at any time that an election of directors 
 shall not be made on the day of the annual meeting as provided lor 
 in the eigth section of this act, the corporation for such cause shall 
 not be dissolved, if within six months the stockholders shall meet 
 and hold an election for directors in such manner as shall be pre- 
 scribed by the by-laws. Such meeting shall be called in the manner 
 prescribed in the ninth section of this act. It shall require two- 
 thirds in value of the stock of such corporation to be represented 
 either in person or by proxy at such meeting last mentioned. [Code 
 1887, p. 987; acts 1877, ch. 121, § lO.] 
 
 President arid Otl:\er Officers, 
 
 There shall be a president of such corporation, who shall be chosen 
 by, and from the board of directors, and such other subordidate 
 officers as such corporation by its by-laws may designate, who may 
 be elected or appointed, and shall perform such duties and be re- 
 quired to giye such^securily for the faithful performance thereof, as 
 shall be required by thfe by-laws. It shall require a majority of the 
 directors to electa or^appoint any officer and fix his compensation; 
 but there shall be no compensation for services rendered by the pres- 
 ident or any director, unless it be allowed by the stockholders. No 
 
99 
 
 member of the board of directors shall vote upon a question in 
 which he is interested otherwise than as a stockholder, or be pre- 
 ent at the board while the same is being considered ; but if his re- 
 tiring from the board, in such case, reduce the number present be- 
 low a quorum, the question may, nevertheless, be decided by those 
 who remain. [Code 1887, p 987; Acts 1877, ch. 121, § 11.] 
 
 HrmKal Staterqerit, . 
 
 At the regular annual meeting of the stockholders it shall be the 
 duty of the president and directors to exhibit a full, distinct and ac- 
 curate statement of the afifairs of such corporation, and at any meet- 
 ing of the btockholders a majority of those present, either in person 
 or by proxy, may require similar statements from the president and 
 directors; and at any regular meeting of the stockholders, a major- 
 ity in value of the stock may fix the rate of interest which shall be 
 paid by the corporation for loans for the construction of such boom 
 and its appendages, and the amount of such loans. All stockhold- 
 ers shall, at all reasonable hours, have access to, and may examine 
 all books, records and papers of such corporation. [Code 1887, p. 
 987-8 ; acts 1877, ch. 121, § 12 ] 
 
 ReiTioval oi Directors. 
 
 At any special meeting, by a two thirds vote in value of all the 
 stock, such stockholders may remove any one or all of the directors, 
 and elect others instead of those removed in the manner prescribed 
 in the eighth section of this act; but a vacancy not caused by such 
 removal may be filled by the board of directors. The proceedings 
 of all meetings, whether regular or special, shall be entered on the 
 journal of said corporation. [Code 1887, p. 988; acts 1877, ch. 121, 
 § 13,] 
 
 Paynqerit by Subscribers, 
 
 The directors may require the subscribers to the capital stock to 
 pay the aniount by them respectively sub.=cribed, in such manner 
 and in such installments as they may deem proper. If any stock- 
 holder shall fail to pay any instalment, as required by a resolution 
 or order of the board of directors, the said board shall be author- 
 ized to declare such stock, and all previous payments thereon, for- 
 feited for use of the corporation, in the manner following, to-wit : 
 They shall first cause a notice in writing to be served on the stock- 
 holder personally or by registered letter deposited in a post office, 
 with necessary postage for its transmittal, properly prepaid and 
 properly directed to the post-oflSice address of .^uch stockholder, and 
 stating therein that, in accordance with such resolution or order, 
 he is requested to make such payment at a time and place and in 
 the manner to be specified in such notice, and that if he fails to 
 make the same in them anner prescribed, his stock and all previous 
 
100 
 
 payments thereon, will be forfeited for the use of such corporation j" 
 and thereafter, should default in payment be made, the corporation 
 may sell the same at public sale, and after deducting the expenses 
 of the proceedings, shall apply the residue to the payment of the in- 
 stalment due under the call of the directors, and if there be any sur- 
 plus then remaining, it shall be paid to the delinquent stockholder. 
 But the notice, as aforesaid, shall be personally served or duly de- 
 posited as above required, at least sixty days previous to the day on 
 which payment is required.to be made. [Code 1887, p. 988; acts 
 1877, ch. 121, § 14.] 
 
 StocK DeeEqed Personal Property. 
 
 The stock of such corporation shall be deemed personal property, 
 and shall be transferable in the manner prescribed by the by-laws, 
 but no share shall be transferred until all previous calls thereon 
 shall have been paid. [Code 1887, p. 988; acts 1877, ch. 121 
 § 15.] 
 
 Increase of Capital StocK. 
 
 In case the capital stock shall be found insufficient for eonstruct^ 
 ing and operating such boom or booms, or other structures, such 
 corporation may, with the concurrence of two-thirds -n value of its 
 stock, increase the capital stock Irom tirjie to time to any amount 
 required for the purpose aforesaid, in the manner following, tc-wit : 
 Notice shall be given by the directors to each stockholder in writ- 
 ing, to be served personally or by depositing the same in a post- 
 office, directed to the post-office address of each stockholder sepa- 
 rately, with necessary postage for its transmittal properly prepaid, 
 at least sixty days prior to the day appointed for such meeting, and 
 by advertising the same in some newspaper published near the prin- 
 cipal office of such corporation, at least four weeks prior to the day 
 appointed for such meeting. Such notice shall state the time and 
 place of such meeting, the object thereof, and the amount to which 
 it is pl-oposed to increase the capital stock. At sucn meeting the 
 capital stock may be increased to an amount not exceeding the amount 
 mentioned in the notice, by an affirmitive vote of not less than two- 
 thirds in value of all the stock. Every order or resolution increas- 
 ing the capital stock of any such corporation shall be duly recorded 
 an required by section two of this act. The additional stock so au- 
 thorized, shall in no case be sold at less than par value of the orig- 
 inal stock. [Code 1887, p. 988-!); acts 1877, ch. 121, § 16.] ■ 
 
 Liability of Guardians, Etc. 
 
 No persoy holding stock in such corporation as executor, admin- 
 istrator, guardian or trustee, and no person holding such 'stock as 
 collateral security, shall be personally liable as a stockholder; but 
 the person pledging the stock shall be considered as holding the 
 
101 
 
 same, and shall be liable as a stockholder accordingly. [Code ISSVv* 
 p. 989; acts 1877, ch. 121, § 17] '^ 
 
 Liability of StocKllolder. 
 
 Each stockholder shall be held individaally liable to the creditors 
 of such corporation to an amount not exceeding the amount un- 
 paid on. the stock held by him, and no more, for any and all debts 
 and liabilities of the corporation. [Code 1887, p. 989: acts 1877, 
 ch. 121, § 18.] 
 
 Ho-W Corpomtiori May Require Title to Real Estate Re- 
 quired for Purposes of Corporatior\, Wl^er) Unable to 
 Hgree Witl) 0-Wr|er. 
 
 If any such corporation shall be unable to agree with the owner 
 for the right of way or for the purchase of any real estate required 
 for the purpose of its corporation or the transaction of its business, 
 or for its boom or booms or other structures, or wharves, or iorany 
 other lawful purpose connected with, or necessary to, the building 
 or operating of such boom or boonjs, or other structures, such cor- 
 poration may acquire such title in the manner as hereinafter pro- 
 vided, viz: The circuit court of any county wherein the land or mate- 
 rial to betaken may be, upon application therefor, shall appoint five 
 disinterested persons (any three of whom may act) for the purpose of 
 reviewing and ascertaining a just and equitable compensation for 
 the quantity of land actually taken by said corporation (but in no 
 case shall the court appoint any person or persons who are inter- 
 ested in said corporation, or the land to be taken,) and the sherifi 
 of the county, after such appointment is made, shall summon the 
 said viewers, te meet on the land at such time as they may appoint, 
 within thirty days after such appointment, giving twenty days no- 
 tice to the parties interested, unless such parties shall be non-resi- 
 dents of this state, in which case notice shall be given to such 
 non-residents by publication, for four successive weeks, in 
 some newspaper published in the county in which said land 
 is located, and if none be so published, then :n some newspa- 
 per of general circulation in said county; and such viewers 
 shall not meet for the purposes of their appointment until 
 the publication herein prescribed shall have been .completed. 
 The viewers aforesaid, shall, before proceeding to perform the 
 duties aforesaid, take an oath before some person authorized to 
 administer oaths, that they, and each of them, will honestly, fairly 
 and impartially,ascertaih and determine the amount said corporation 
 shall pay for the land actua'ly taken as aforesaid, and the damage to 
 the residue of the tract, and return their report, signed by them, to 
 the clerk of the court, prior to the first day of the term thereafter, 
 wherein the proceeding is penaing, setting forth therein the amount 
 to be paid for the land so taken, or to be taken, by said corporation. 
 And in estimating the value or damages on account of the land ac- 
 
102 
 
 tually taken, the viewers or jury, as the ca?e may be, shall deter- 
 mine its aetual value, without reference to any prospective enhance- 
 ment by reason of the construction of any work for which the land 
 is to be taken, and shall not diminish the value by reason of such 
 construction. On the first day of said term the said court shall di- 
 rect judgment to be entered* on said report for the amount therein 
 ascertained and determined by said viewers, if no exceptions be 
 taken and filed, but if exceptions be taken and filed thereto, and 
 when required by either of the parties, such compensation shall be 
 ascertained by an impartial jury of twelve freeholders selected ac- 
 cording to law. The right is hereby given to said corporation to 
 object, and its objection shall be sustained, to any juror who may 
 he owners of or interested in such land. The cause or proceeding 
 shall be tried as any other cause in said court, and the viewers, as 
 well as the jury aforesaid, who may try the cause or proceeding, 
 shall, by their award or verdict, as the case may be, ascertain and 
 determine the amount to be paid by the corporation for the land ac- 
 tually taken and the damage to the residue of the tract. But there 
 shall remain in the owner of the residue of the tract, his heirs and 
 vendees, the right of , way over such land so taken to get waler for 
 the use of persons occupying said land, and their stock. [Code 
 1891, p. 1005; acts 1877, ch. 121, § 19, as amended by acts 1893.] 
 
 fldditiorial Po-a^ers of S\lcl\ Corporatioris. 
 
 Every corporation formed under this act shall in addition to the 
 powers herein conferred have power : 
 
 J^'irsi. — To cause such examination and survey for its proposed 
 boom or other structure to be made, as may be necessary to the se- 
 lection of the most advantageous site ; and for such purposes by its 
 officers, agents, engineers or employes, may enter upon the lands or 
 waters of any person or corporation, but subject to responsibility for 
 all damages that may be occasioned thereby. 
 
 Second. —To take und hold such voluntary grants of real estate 
 and other property, as shall be made to it, on and for the construc- 
 tion of its boom, and to reconvey the same when no longer required 
 for the use of such boom or booms and incompatible with the terms 
 of the original grant. 
 
 T/tird. To purchase, hold and use all such real estate and other 
 property as may be necessary for the construction and use of its 
 boom, and the stations and other acconimodations necessary to ac- 
 cornplish the object of its incorporation, and to convey the same 
 when no longer required for the use of such boom. 
 
 Fourth. The said corporation shall, after erecting its boom, have 
 the exclusive privilege of maintaining a suitable boom or booms, 
 
103 
 
 with or without piers, dam or dams, across the stream designated 
 within two miles above its boom, so erected for the purpose of 
 stopping and securing boats, rafts, saw-logs and other timber of 
 value; but such boom or booms shall be so constructed as to permit 
 boats, rafts and other timber, when desired by the owners, to pass 
 them without unavoidable delay, and withoutpayingtoU, boomage 
 or other charges, and may erect sheaf booms on the rivers and 
 other streams, and may dredge and clear the channels thereof, and 
 remove obstructions therefrom, and may build saw-mills on lands 
 acquired in any other way than by condemnation ; and njanufacture 
 and sell lumber and construct tram-railways and dams, and do such 
 other work as may be necessary for the purpose ot getting logs and 
 lumber to, down and from the river and its branches, on which 
 said boom is located ; and in the event the lands necessary for such 
 tram-way cannot be purchased from the owner or owners thereof at 
 a reasonable price, then the said corporation ruay have the same 
 condemned for such purpose in the manner now provided by law 
 for cases of a similar nature ; Provided, That nothing in this section 
 shall be so construed as to prevent any boom company from using 
 water surface for two miles below its boom for assorting and bunch- 
 ing its own and other boats, rafts, saw-logs and other timber of value, 
 and that no company shall so construct its boom as to deprive an- 
 other company of such right, nor shall any boom company which- 
 may construct a boom within two miles below a boom heretofore 
 constructed have exclusive privileges of the water or stream above 
 such other boom. 
 
 Fifth. — The said corporation is authorized and empowered to 
 purchase, hold and sell timber lands, and lands necessary for the 
 saw-mills, lumber yards, tram-railways and wharves. 
 
 Sixth. — Boomaj-e or toll shall be charged at a rate not less than 
 twenty-five cents nor more than one dollar per thousand feet board 
 measure ; or not less than twenty nor more than eighty cents for one 
 hundred cubic feet; except as hereinafter provided, which rate shall 
 be determined by a commission in the manner fol owing, to-wit: 
 The circuit court of each county, whose timber can be floated into 
 the boom, or the judge of such court in vacation, shall appoint one 
 person, not a stockholder in said corporation, or otherwise in- 
 terested therein, and the said corporation shall appoint a peison not 
 a stockholder, or otherwise interested in said corporation, and if the 
 number of persons so appointed be even, they shall choose an odd 
 number. The persons so appointed and chosen shall be versed in 
 the timber and lumber business, and be qualified to make such 
 measurements and calculations as may be necessary. Persons so 
 appointed or chosen shall constitute a commission, whose duty it 
 shall be to fix the rates of boomage which the corporation may 
 charge; and in determining this rate they shall take into considera- 
 tion the ease or difficulty, as the case may be, of booming logs, etc., 
 in said boom, and also any extraordinary expenditure of money 
 
104 
 
 which the corporation may have made to facilitate their business ; 
 and the said commissioners shall fix a rate, which shall be in their 
 judgment a fair and just compensation to the corporation for the 
 capital invested and labor performed in booming logs, timber, etc., 
 in the limits above prescribed. And said commissioneis may, in 
 their discretioa, or when requested to do so by parties interested, 
 fix the separate rate which -shall be charged for logs, ties, lumber, 
 staves, or any other specific kind of lumber or timber which may be 
 floated in such boom, by the hundred, thousand, or by bulk, as the 
 case may be The report of such commissioners shall be filed in 
 the office of the clerk of the circuit court of each county in which 
 a commissioner was appointed, and published in some newspaper 
 of general circulation in the counties interested in said boom, and 
 within ten days after the report has been agreed upon. Should the. 
 corporation or any interested party not be satisfied with the report 
 of the commissioners, they may take exceptions thereto, which ex- 
 ceptions may be heard by the judge of the circuit court of any 
 county interested, in term time or at chambers, and if it appear to 
 the court or judge that the rates established by the commissioners 
 are unjust, either to the corporation or private persons, said report 
 may be set aside and a new commission appointed. But unless ex- 
 ceptions are taken to the report of said commissioners, within sixty 
 days after the filing of the same, the report shall be taken as con- 
 firmed, and be binding upon all parties interestsd. Any corpora- 
 tion organized under the provisions of this act, or any party inter- 
 ested, may, if it so desire, ask for a commission once every five 
 years, to revise the rate of boomage; such commission to be consti- 
 tuted as provided for in this section. When the stream boomed 
 lies wholly in one county, there shall be two commissioners ap- 
 pointed by the circuit court of that county, who, together with the 
 one appointed by the corporation, as hereinbefore provided, shall 
 constitute such commission. If any controversy shall arise between 
 the said corporation and any person or persons having timber or 
 other lumber in said boom, on account of such lumber, or the rates 
 of boomage, the commissioners authorized to be appointed by this 
 section may, if the parties interested and such corporation so desire 
 it, act as arbitrators to settle the same' in such manner and with such 
 result as the law provides in other cases of arbitration. The com- 
 missioners appointed under chis section shall receive three dollars 
 per day for their services, to be paid by such corporation, except 
 that after the rates have been fixed, any subsequent commission 
 shall be paid by the party asking it. 
 
 Seventh. — The said corporation shall have a lien on all saw-logs 
 and other timber and lumber thus boomed for the payment of all 
 tolls for booming, until the same shall be paid. 
 
 Eighth.— li any timber shall have been boomed securely, as 
 aforesaid, and no person shall appear to claim the same, and 
 pay the tolls thereon, within ninety days, it shall be lawful 
 
105 
 
 for the corporation, after advertising the same for three weeks in 
 some newspaper published nearest the said boom or booms 
 and by posting the same for three weeks, at three public places 
 nearest the said boom or booms, reciting the marks, if any, to make 
 application to any justice of the peace of the said county, whose 
 duty it shall be, upon proper proof of the publication and posting 
 of such notice, to direct a sale of such timber, and designate some 
 officer or other person to make such sale, either by public auction or 
 by private sale, as to the justice shall seem most advantageous to 
 the parties interested ; and at any time within a year from said 
 sale, the owner shall be entitled to receive the proceeds thereof, 
 alter deducting the toll and expenses: but if not claimed within the 
 said one year, the proceeds shall inure to and be vested in the gen- 
 eral school fund. 
 
 Ninth. — Where several compa,nies are operating on the same 
 stream, the upper companies shall pass free of charge through or 
 around their booms, with as little delay as possible, all logs, lum- 
 ber, etc., distinctly marked as belonging to or in care of the boom 
 or booms below them. [Acts 1887, ch. 121, § 21, as amended by 
 acts 1891, ch. 75.] 
 
 Darriages for Wilfully Irijilririg Boonqs, Piers, Etc. 
 
 If any person or persons shall wilfully and maliciously injure or 
 destroy any of said booms or piers or other works connected there- 
 with, or shall remove alter or deface any mark or marks on any 
 logs or other timber intended for said boom, he shall pay treble 
 damages, to be recovered by an action of trespas.=, brought in the 
 name of said corporation, before ajastice or any of the courts of the 
 county having jurisdiction in which heor they shall reside, or in the 
 county in which the offense was committed ; and said person or per- 
 sons so offending may also be subject to an indictment in the cir- 
 cuit* or county court for the county where the ofifense was commit- 
 ted, and upon convic ion thereof may be punished by fine and im- 
 prisonment in the discretion of the court. [Code 1887, p 993; 
 acts 1877, ch. 121, § 22] 
 
 Wlieri Parties Disagree, YLo^tl iVLeasiireii\er\t of Tirqber 
 
 _ Deterir\iried. 
 
 If the parties interested shall not agree as to'the rneasurement of 
 the timber in said boom, it shall be done by commissioners ap- 
 pointed by the circuit court of the countj, or by the judge thereof 
 in vacation, in which such boom is located; or the same may be 
 measured, if the parties so desire it, by the commissioners author- 
 ized to be appointed, by the twenty-first section ; the expenses of 
 such commission, in either case, shall be paid by the party in error 
 as to the measurement, and if both parties shall be found to be in 
 
 •Bt Constitutional ameudmeut, jurisdiotlon now exclusively in the circuit courts. 
 
106 
 
 error, said expenses shall be paid by them equally. [Code 1887, p 
 993-4; acts 1877, ch. 121, § 23, as amended by ch. 39, octs 1881 ] 
 
 Logs, Tin^ber, Etc, of Corporatiori Lodged on Larid of 
 flnottier', Witiiir] Wl^at Tirqe to be Ren\oVed. 
 
 It any logs, timber, or other lumber of said corporalion, while 
 floating down any stream, be lodged upon any improved lands or 
 enclosure of another, it shall be the duty of said corporation to 
 cause the same to be removed therefrom within sixty days from 
 the time such logs, timber or lumber is so lodged. If any peison 
 shall, without the authority of said corporation, during the said 
 sixty days, take, carry away, injure or destroy, or convert to his 
 own use, any of said logs, timber or lumber, he shall be guilty of a 
 misdemeanor, and fined not less than ten dollars, and at the discre- 
 tion of the court be imprisoned not less than ten days. But the said 
 corporation shall be liable to the owner of the land for any damages 
 sustained by him by reason of said log=, timber or lumber remainmg 
 thereon. |Code 1887, p. 994; acts 1877, ch. 121, § 24, as amended 
 by ch. 39, acts 1881.] 
 
 Obstructirig Strearris, 
 
 In case the owner of logs or other lumber placed in a stream 
 above a boom erected thereon shall unreasonably delay driving said 
 logspr lumber into said boom, so that persons, wishing to use said 
 stream for driving or floating logs or other lumber into suoh boom, 
 shall be compelled to drive said logs or lumber into the boom, - 
 or break any jam to enable such person so to use the said stream, 
 the reasonable expenses of driving or floating such logs or other 
 lumber, or breaking such jam, shall be borne by the owner of such 
 logs or other lumber so obstructing said stream, to be lecovered be- 
 fore a justice of the peace or other judicial tribunal having jurisdic- 
 tion, and shall constitute a lieh on such logs or other lumber until 
 ' the same shall be paid. [Code 1887, p. 994; acts 1877, ch. 121, § 
 25.] 
 
 Liability of Corpomtiori for Logs, Etc. 
 
 The said corporation shall be liable for ajl logs, timber and other 
 floatables, which may come into its boom, except when they sink 
 in deep water, or are carried away by unusually high water, or are 
 destroyed by fire not caused by the negligence of said corporation, 
 its agents or employes. [Code 1887, p. 994; acts 1877, ch. 121, § 
 26, as amended by ch. 39, acts 1881.] 
 
 ffieariirig of Words "Logs or Tirqber" 
 
 Wherever the words "logs or timber" occur in this act, they shall 
 be taken to mean logs and timber of every kind and description 
 
107 
 
 manufactured or unmanufactured. rCode"1887. p. 994- acts 1877 
 ch. 121, §.27.1 , 
 
 Rig]:\ts of Pr-operty Holders ot\ Said Rivers, Etc 
 
 Nothing in this act shall be so construed as to deprive the owners 
 of mill property, and other proprietors on the said rivers and 
 branches thereof, from recovering damages for injury to their prop- 
 erty by the said corporation, their agents or employes. I Code 1887, 
 p. 994; acts 1877, ch. 121, § 28 ] 
 
 Provisions of La^^ Wlc\icli Corporations Forrqed Under tt\is 
 Act are Subject to. 
 
 All corporations formed under this act shall be subject to the pro- 
 visions of chapters fifty-two, fifty-three and fifty-four of the code of 
 West Virginia, and the amendments thereto, except when the same 
 are inconsistent with the provisions of this act. And the right is 
 hereby reserved to the legislature to alter any charter or certificate 
 of incorporation hereunder granted to a joint stock company, and 
 to alter or repeal any law applicable to such company. But in no 
 case shall such alteration or repeal affect the right of the credi- 
 tors of the company to have its assets applied to the discharge of 
 its liabilities, or of its stockholders, to have the surplus, if any, 
 which remains after discharging its liabilities and ths expenses of 
 winding up its affairs, distributed among themselves in proportion 
 to their respective interests, or in any wise impair the vested rights 
 of the corporators or any of them. [Code 1887, p. 994-5; acts 1877, 
 ch. 121, § 29] 
 
 Reservations. 
 
 Nothing in this act contained shall be so construed as to afiect or 
 impair the right and power of the legislature to provide for the con- 
 nection, by canal or slack water, of the waters of the Chespea.ke bay 
 with the Ohio river, by any line it may select, and all the rights, 
 privileges and franchises of any company incorporated under the 
 provisions of this act shall be held in subordination to the exercise 
 of such right by the legislature. [Code 1887, p. 995; acts 1887, ch. 
 121, § 30.] 
 
 Boorq Corqpanies Heretofore Organized May Re-Organ- 
 ize, Etc. 
 
 Any boom company heretofore incorporated may surrender its 
 charter, and may procure a new charter and reorganize under the 
 provisions of this act. [Code 1887, p. 995 ; acts 1877, ch. 121, 
 § 31.] 
 
108 
 
 Menqomndunq of Logs to be Filed TA^itli ClerK Coanty Court 
 
 > 
 
 But before the persons driving logs into the said counties shall 
 put their logs in any of the streami of said counties for the purpose 
 of driving them, they shall file a memorandum with the clerk of 
 the county court wherein said logs are, stating distinctly the brand 
 or marks of such person ; and unless these requirements are com- 
 plied with, such corporation shall in no mannet be held liable for 
 any loss occasioned by the loss of said logs. [Code 1887, p. 995 ; 
 acts 1877, ch. 121, § 32, as amended by ch. 39, acts 1881.] 
 
 Public Road or" Ford Not to be Obstructed. 
 
 No company incorporated under the provisions of this act shall 
 so exercise its corporate privileges, as to materially obstruct any 
 public road or ford across any stream. [Code 1887, p. 995; acts 
 1881, ch, 39, §33.] 
 
 Provisioris of tl^is Cl|apter to be Subir\itted to a Yote in 
 CoUr|ties riot JVLentioried; How. 
 
 The countycourt of any county, not mentioned in the first section, 
 upon the petition of fifty voters thereof, shall submit the provisions 
 of this chapter to the voters of such county for adoption or rejection, 
 at the next ensuing election for members of the legislature, and if a 
 majority of the votes cast on the question be in favor of adopting 
 the provisions of this act for such county, then the same shall be in 
 force in said county to the same intent and purpose as though said 
 county was mentioned in section one of this chapter. [Code 1887, p. 
 995; acts 1881, ch. 89, § 34] 
 
 Obstructions t o Streams. 
 
 That any ppr^on who shall fall timber and permit the same to re- 
 main in any of the streams of this state, that have been or may here- 
 after be declared public highways in the manner provided by law, 
 that will obstruct the running of boats, rafts, staves, ties or timber 
 of any kind, shall be deemed guilty of a misdemeanor, and, upon 
 conviction thereof, shall be fined not less than ten nor more than 
 one hundred dollars for each offense [Code 1887, p. 350 ; acts 
 1883, ch. 36.] 
 
 Rules for tile Measuren\erit of Logs, Lurqber and Tin\ber. 
 
 That "Scribner's rule" for the measurement of logs, lumber and 
 timber of all kinds is hereby established as the lawful rule in this 
 state for the measurement of all kinds of lumber, logs and timber, 
 unless some other rule be agreed to. [Code 1887, p. 577 ; acts 1883, 
 ch. 66.] 
 
109 
 
 TIMBER DEALERS-PROTECTION OF. 
 
 May Adopt a Trade-M.arK- 
 
 Any person, firm or corporation, dealing in timber in any form 
 shall be called and known as "timber dealers," and as such may 
 adopt a trade-mark in the manner and with the effect hereinafter 
 provided. [Code 1887, p. 995; acts 1882, ch. 119, § 1.] 
 
 Forni of Notice; Wl:\ere Recorded, Publisl\ed, Etc. 
 I 
 
 Every such dealer desiring to adopt a trade-mark, may d© so by 
 the execution of a writing in form and efi'ect as follows : 
 
 "Notice is hereby given that I (or we, etc., as the case may be,) 
 have adopted the following trade-mark to be used in my (or our, 
 etc.,) business as timber dealer, (or dealers,) to-wit: (Here insert 
 the words, letters, figures, etc., constituting the trade-mark, or if 
 it be any devise other than words, letters or figures, insert a /ac 
 
 simile thereof.) Dated this day of ,eighteen . 
 
 A B ;." The said writing shall be acknowledged or proved 
 
 for record, in the same manner as deeds are acknowledged or proved, 
 and shall be recorded in the office of the clerk of the county court 
 of the county in which the principal office or place of business of 
 such timber dealer may be, and also in the office of the secretary of 
 state, and a copy thereof shall be published at least once in each 
 week for four successive weeks in some newspapeer printed in such 
 county, or if there be no such paper printed therein, then in some 
 newspaper of general circulation in such county. [Code 1887, p. 
 996; acts 1882, ch. 119, § 2.] 
 
 Perialty for Using Trade-MarK of Hriotl^er. • . 
 
 Every trade-mark so adopted shall from the date thereof be the 
 exclusive property of the person, firm or corporation adopting the 
 same, and any other person, firm or corporation, knowingly using or 
 attempting to use such trade-mark without the written consent of 
 the proprietor thereof, shall be guilty of a misdemeanpr and fined 
 not less than twenty nor more than two hundred dollars for each 
 ofiense, and shall moreover be liable to the proprietor of such trade- 
 mark for all damages sustained by such proprietor by reason of such 
 use of said trade-mark. [Code 1887, p. 996; acts 1882, ch. 119, 
 §3.] 
 
no 
 
 Ho-SA^ Bi-arided, Etc, ori Tinqber; Penalty for RenqoVtrig, 
 
 Etc. 
 
 The proprietor of such trade-mark shall in using the same, cause 
 it to be plainly stamped, branded or otherwise impressed, upon each 
 piect' of timber upon which the same is placed, and any person 
 who shall intentionally and without lawful authority, remove, de- 
 face or destroy said trade-mark, shall be guilty of a misdemeanor, 
 and subject to all the pains and penalties and liable to the same 
 damages as are provided for in the next preceding section. [Code 
 1887, p. 996; acts 1882, ch 119, § 4.] 
 
 Penalty for TaKing, Etc., Tinqber* Bmrided. 
 
 If any person knowingly and unlawfully buy, sell, take and carry 
 away, secrete, destroy or convert to his own use, any timber upon 
 which said trade-mark is stamped, branded or otherwise impressed 
 as aforesaid, or if any person shall knowingly and unlawfully buy, 
 sell, take and carry away, secrete, destroy or convert to his own use, 
 any timber upon which said trade-mark has been intentionally and 
 without lawful authority removed, defaced or destroyed as afore- 
 said, he shall be deemed guilty of larceny thereof, and punished as 
 in other cases of larceny, and if the value of such timber be ten dol- 
 lars, or more, he shall be guilty, of grand larceny; and if any per- 
 son shall intentionally put any such timber in such a position or place 
 so remote from the stream from which it was taken, or on which it 
 was afloat, as to render it inconvenient or unnecessarily expensive 
 to replace the same in such stream, he shall be guilty of misde- 
 meanor, and fined not less than twenty dollars. iCode 1887, p. 
 996; acts 1882; ch. 119, § 5, as amended by ch. 124 acts 1891.] 
 
 Proprietor of Trade-MarK Purcl:\asirig Tirx\ber Deerqed 
 ttie 0-Wrier Ttiereof, Wf\en, 
 
 When timber is purchased by the proprietor of any such trade- 
 mark and the said trade mark is placed thereon as hereinbefore 
 provided, such timber shall thenceforth be deemed the property of 
 such i:)urchaser, without any other or further delivery thereof, and 
 such. timber shall thereafter be at the risk of the purchaser, unless 
 otherwise provided by contract in writing between the parties. 
 [Code 1887, page 996; acts 1882, ch 119, §6.] 
 
 CorriperisatioTi for Catcl^irig Tirqber iri Certairi Waters ; 
 
 Wtieri Suet) Ttrriber May be Sold; Proceeds How 
 
 Disposed of. 
 
 Every person who shall take up and secure any saw-logs or other 
 logs or trees prepared for the purpose of sale, or any cross or rail- 
 road ties, boards, planks, staves, heading or other timber prepared 
 for market, of another, found adrift in the Ohio, Great Kanawha or 
 
Ill 
 
 Little Kanawha river, in which there is no boom in use for the pres- 
 ervation thereof below the point where they are so found, whether 
 the same have thereon any such trade-mark or not, shall be entitled 
 to receive from the owner thereof a compensation for so much 
 thereof as he shall deliver to such owner, as follows: For each 
 saw-log or other log or tree prepared for sale, which is not more 
 than thirty inches in diameter, twenty-five cents, and for all others 
 fifty cents each. Except that the price for catching and securing 
 oak logs that are not less than eighteen inches in diameter at the 
 top and fifty feet or more in length shall not exceed the sum of 
 seventy-five cents each. For each cross, or railroad tie six cents. 
 For boards or plank, if caught in rafts or large bodies, fifty cents 
 per thousand feet board measure, for twenty thousand feet or a less 
 quantity, and over twenty thousand feet, twenty-five cents per 
 thousand feet board measure; but if the same be not in rafts, but 
 loose and scattered, two dollars and fifty cents per thousand feet 
 board measure, and for staves and heading, three dollars per thous- 
 and, for all s-uch a= are marketable, to be paid by the owner thereof, 
 if required, beore the delivery of the same to him. If the owner 
 of any such logs, trees, ties, boards, plank, staves or headings, fail 
 to pay the sums so chargeable thereon, within sixty days from the 
 day they are so taken up, they may be sold at the instance of the 
 person to whom such charges are due, by a constable or sheriff of 
 the county, at public auction, to the highest bidder, upon thirty 
 days notice posted on the front door of the court-house of the county 
 in which the sale is to be made, and at the place of the sale thereof; 
 the ofiicer making said sale, shall from the proceeds thereof, pay to 
 the person who took up said logs, trees, ties, boards, plank, staves 
 or headings, the sum to which he is entitled therefor as aforesaid, 
 and retain the balance, after deducting his commissions, (which 
 shall be the same as upon sales under execution) for the use of the 
 owners. But if no person shall appear and establish his right to 
 such proceeds within one year after such sale, he shall place the 
 same to the credit of the distributable school fund of his county, and 
 report the amount thereof to the county superintendent of schools 
 therin^ [Code ld87, p. 997, act 1882, ch. 119, § 7.] 
 
 Trade-KLarK Priiria Facie Eviderice o| O-Wriersliip ; Perialty 
 Foi* Falsely Braridirig, Etc., Timber. 
 
 In an action, suit or contest, in which the title to any timber upon 
 which any such trade-mark has been placed as aforesaid, shall come 
 in question, it shall be presumed that such timber was the property 
 of the proprietor of such trade-mark, in the absence of satisfactory 
 proof to the contrary, and any person who shall falsely or iraudu- 
 lently place any trade-mark on timber not the property of the pro- 
 prietor thereof, shall be guilty of a misdemeanor and fined not less 
 than one hundred nor more than five hundred dollars; and impris- 
 oned not less than one nor more than twelve months, for each and 
 every such offense. LCode 1887, p. 997; acts 1882, ch. 119, § 8.] 
 
112 
 
 TAKING LAND WITHOU T OWNER'S CON- 
 SENT FOR PURPOSES OF PUBLIC 
 UTILITY. 
 
 Ill Wl^at Cases arid Hoia^ Private Property Kay be Ta^eri 
 or Darqaged for Public Use, Etc, 
 
 Private property shall not be taken or damaged for public use 
 without just compensation; nor shall the same be taken by any 
 company incorporated for the purposes of internal improvement, 
 until just compensation shall have been paid or secured to be paid 
 to the owner; and when private property shall be taken or dam- 
 aged for public use, or for the use of such corporations, the com- 
 pensation to the owner shall be ascertained in such manner as may 
 be prescribed by general law; Provided, That when required by 
 either of the parties, such compensation shall be ascertained by an 
 impartial jury of twelve freeholders. [Code 1887, ch. 42, § l.J 
 
 Purposes for Wl|icl\ Private Property Kay be TaKeri. 
 
 The public uses for which private property may be taken or dam- 
 aged, are as follows : 
 
 First. — For the construction of railroads, canals, turnpike roads, 
 county roads, public landings, bridges and public streets and alleys, 
 and all other roads and internal improvements for public use. 
 
 Second. — For incorporated companies of which the state is sole 
 or part owner. 
 
 Third. —For court houses and other public buildings for the use 
 of a county or municipal corporation. 
 
 Fourth. — For cemetery associations and for oiher cemeteries; 
 Provided; That the property to be taken for such other cemeteries, 
 adjoins the land upon whi^h a church or another cemetery is. 
 
 ti/th. -For companies organized for the purpose ot transporting 
 carbon oil or natural gas, or both, by means of pipes or otherwise, 
 when for public use. 
 
 Sixth. — For telegraph and telephone companies when for public 
 use. 
 
113 
 
 Seventh.— FoT public school houses and all other purposes of pub- 
 lic utility, which now are or may be prescribed by law. 
 
 Eighth. -By the government of the United States, for the pur- 
 pose of erecting thereon light houses, signal stations, beacons, locks, 
 dams, works for improving navigation, postofBces, custom houses, 
 court houses, or any other needful public structure or work of im- 
 provement whatever, subject to the provisions of chapter one of 
 this code. 
 
 But no land shall be taken for cemetery purposes which lies with- 
 in four hundred yards of a dwelling house, unless to extend the lim- 
 its of a cemetery already located, and then only so that such limits 
 shall not be extended nearer to any dwelling house which is within 
 four hundred yards. 
 
 But this act shall not be construed to interfere with the power of 
 municipal corporations to enact and enforce such ordinances as may 
 be necessary to protect the lives and property of citizens from the 
 effects of explosions of carbon oil or natural gas. [Code 1887, ch. 
 42, §2.] 
 
 To "Wtiat Court flpplicatiori Made. 
 
 In any case in which real estate may be lawfully taken for a pur- 
 pose of public utility, application may be made to the circuit court 
 of the county in which the estate is situated, to appoint eommission- 
 ers to ascertain a just compensation to the owners of the estate pro- 
 posed to be taken If a tract lie partly in one county and partly in 
 another, the application in relation thereto may be made in either 
 county. And when the judge of the court to which the application 
 is made is so situated as to render it improper for him to act theieon, 
 and no judge to act in the case can be agreed on by the parties, and 
 it be found for any reason impracticable to elect a judge to act in 
 the case, as provided for in chapter one hundred and twelve of the 
 code of West Virginia as amended by chapter three of the acts of 
 one thousand eight hundred and eighty-one, the application may be 
 withdrawn, and a like application may be made to the circuit court 
 of some county in an adjoining circuit, as near to the county in 
 which the application is first made as practicable, whether any part 
 of such real estate is situated therein or not; and such last named 
 court shall have and possess all the powers and jurisdiction in rela- 
 tion to such application, and to try, hear and determine the same, 
 possessed by the circuit court of the county in which the real estate 
 is situated. [Code 1887, ch. 42, § 3.] 
 
 Hgairist Wliorq Proceedirigs May be Iristituted. 
 
 The proceeding may be instituted jointly against all the owners 
 of the real estate proposed to be taken, lying within the county, in- 
 cluding tracts lying partly therein and partly in an adjoining county, 
 
114 
 
 or it may be instituted against the owners of one or more parcels. 
 [Code 1887, ch. 42, S 4.] 
 
 Wl:|at tl\e Hpplicatiori is to State. 
 
 The application must be in writing, describing with reasonable 
 certainty the real estate proposed to be taken, and stating, (so far 
 as they are known to the applicant) the names of the owners of each 
 parcel and the nature of their respective interests. If there are any 
 liens on such real estate, created by judgment, deed of trust or oth- 
 erwise, or conflicting claims thereto, the petition shall state the 
 nature and amount of such liens and claims, and the names and 
 residence of the person holding the same as far as they are known. 
 It must also state the purpose to which the said estate is intended 
 to be appropriated, and may state the sum of money which the 
 applicant is ready to pay therefor to the owner of each parcel. [Code 
 1887, ch, 42, § 5 ] 
 
 Notice of ttje Hpplicatiori. 
 
 Of such application ten days' notice shall be served on the said 
 owners, claimants and persons holding liens, and the notice may be 
 given either before the application is presented or afterwards. But 
 where the owners of all or any part of the real estate proposed to be 
 taken, or the persons holding such liens or conflicting claims, or any 
 of them, are not in the county or are unknown to the applicant, 
 the notice as to them, instead of being thus served, may be given 
 by advertisement containing (by reference to a plat filed for the 
 purpose in the office of the clerk of the circuit court or otherwise) a 
 specific description of the property in which they are interested that 
 is proposed to be taken, and stating the purpose to which it is in- 
 tended to be appropriated, and the time and place at which a hear- 
 ing will be asked for upon the said application, which advertise- 
 ment must be published at least once a week for lour weeks succes- 
 sively in some newspaper printed in the county; or if none be 
 printed therein, then in some newspaper of general circulation in 
 the county ; and must also be posted at the front door of the court- 
 house of the county four weeks at least before the hearing [Code 
 1887, ch. 42, § 6.] 
 
 Parties Urider Disability or UriKno'Wri. 
 
 If an owner or person holding such lien or claim be under disa- 
 bility, and there be a guardian or committee lor him, such guardian 
 or committee shall be notified; but if there be no guardian 6r com- 
 mittee, or if any such owner or person be unknown, the court shall 
 appoint a guardian ad litem to defend their respective interests, and 
 may direct the expenses of such guardian ad litem, including rea- 
 sonable docket fee, to be fixed by the court, but not to exceed 
 
115 
 
 twenty dollars, to be taxed in the costs and paid by the applicant. 
 [Code 1887, ch. 42, § 7.] f j fi> 
 
 Wl^en Court Sl|all Order Furttier Notice, 
 
 On the hearing, if it appear that there is any person who ought 
 to be notified of the proceeding, to whom proper notice has not been 
 given, the court shall make an order staying the proceeding until 
 proper notice has been given to such person. fCode 1.S87, ch. 42, 
 
 flcceptarice by O^rier of tlie Siirri Offered. 
 
 If the applicant has stated in his application the sum of money 
 he. is ready to pay to any owner for his interest in the real estate, or 
 any parcel thereof, proposed to be taken, and such owner, not being 
 under disability, consent to accept the same, and there being no 
 lien on, or conflicting claims thereto, the court shall make an order 
 that, on such payment being made, the interest of the said owner 
 phall thereby be transferred to the applicant, and a copy of such or- 
 der, with the receipt of said owner for the money written thereon, or 
 annexed thereto, shall operate as a conveyance, with special war- 
 ranty, and may be acknowledged for record and recorded in like 
 manner and with like effect. [Code 1887, ch. 42, S 9.] 
 
 flppoir|tiT\erit of Corqiriissioriers, 
 
 But, except in the case specified in the preceding section, upon 
 its appearing that proper notice has been given, and that the case is 
 one in which the applicant has lawful right to take private property 
 for the purposes stated in the application upon just compensation, 
 five disinterested freeholders shall be appointed commissioners to 
 ascertain what will be a just compensation to the persons entitled 
 thereto, for each parcel of real estate proposed to be taken. No 
 person shall be deemed interested or incompetent to act as commis- 
 sioner, by reason of his being an inhabitant of the county, district , 
 or municipal corporation, on behalf of which the application was 
 made, or holding property therein. [Code 1887, ch. 42, § 10.] 
 
 Ho^ Coirirriissioriers Selected. 
 
 The appointment shall be made as follows : Thirteen disinterested 
 freeholders shall be nominated by the court, of whom the applicant 
 may strike off four or any less number from the list, and the de- 
 fendants, or such of them as appear or are represented, may also 
 strike ofif four or any less number, and after eight name.s are stricken 
 from the list, the remaining five shall be the commissioners. But 
 where there is no appearance for the defense, or the defendants who 
 appear or are represented do not agree as to any one or more of the 
 names to be stricken off on their behalf, or the right to strike off 
 
116 
 
 any or more names is waived on the part of either the applicant or 
 delendant, or from any cause the full number ghall not be stricken 
 off liy tlie parties, the names or additional names, as the case may 
 be, to ^e stricken from the list in order to reduce the number to five, 
 shall be ascertained by lot under direction ot the court; Vacancies 
 shall be filled, and any commissioner, for good cause shown, may be 
 removed by the court. [Code 1887,' ch. 42, § 11.] 
 
 Oatti of Coir\niissioriers. 
 
 Before entering upon the discharge of his duties, each commis- 
 sioner shall take an oath before some person authorized by law to 
 administer the same, that he will honestly and impartially perform 
 his duties as such commissioner to the best of his skill and judg- 
 ment; which oath shall be certified by the person admini&teiing the 
 same, and filed with the papers of the case in the office of the clerk 
 of the court. [Code 1887, ch. 42, § 12.] 
 
 Po-Wers of Corqnqissiorier's. 
 
 Any three of the said commissioners may act in the absence of 
 the others, and any one of them may sign and issue subpoenas for wit- 
 nesses in like manner as a justice, and with like effect; and may 
 swear any witness who appears before them, that the evidence 
 which he will give relating to the matters to be reported upon by 
 the said commissioners, shall be the truth, the whole truth, and 
 nothing but the truth. They may adjourn their sessions from time 
 to time, as shall be necessary; and any person interested may at- 
 tend in person or by attorney, produce and examine witnesses, read 
 depositions duly taken, and other proper evidence, and be heard, 
 if he require it, in supnort of his ris^hts, according to the usages and 
 rules of law. [Code 1857, ch. 42, § 13.J 
 
 Duty arid Report of Corr\iriissiorier'. 
 
 As to each tract, the commissioners, after viewing the same and 
 ■ hearing any proper evidence which is offered, shall ascertain what 
 will be a just compensation to the person entitled thereto for so much 
 thereof as is proposed to be taken, and for damage to the residue 
 of the tract, beyond the peculiar benefits to be derived in respect to 
 such residue from the work to be constructed, or the purpose to 
 which the land to be taken is to be appropriated, and make report 
 to the following effect: "We, the commissioners appointed by the 
 
 circuit court of county, by an order made on the day of 
 
 , on the application of , respectfully report, that having 
 
 been firot duly sworn, we have viewed the real estate owned by 
 
 , mentioned in the said application, and are of opinion that 
 
 will be a just compensation for so much of the said real estate 
 
 as is proposed to be taken by the said applicant ; that is to say : 
 (here describe the part to be taken, so as to identify the same with 
 
117 
 
 reasonable certainty, which description may be by reference to a plat 
 annexed to the report, or in any manner that wouLd be sufficient in a 
 conveyance), as well as for damages to the residue of the said real 
 pstate beyond the peculiar benefits which will be derived in respect 
 to such residue from the work to be constructed (or from the pur- 
 pose to which the part to be taken by said applicant is to be appro- 
 priated). Given under our hands this day of ." Pro- 
 vided, That if the private property is proposed to be taken by a 
 company incorporated for the construction of a railroad, that no 
 damages shall be ascertained for the construction of farm crossing;s, 
 fences or cattle guards, or for keeping the same in repair And in 
 all cases when the property taken under this chapter is by a rail- 
 road company and is land which has been cleared and fenced, the said 
 railroad company shall construct and forever maintain suitable farm 
 crossings, cattle guards and fences on both sides of the land thus 
 taken; and no such railroad shall be used for the transportation of 
 freight and passengers until such fences, farm crossings and cattle- 
 guards are built and constructed. [Code 1887, ch. 42, § 14.] 
 
 By Wlioni Report Sigried. 
 
 The report shall be signed by at least three of the commissioners, 
 and forthwith returned to the clerk's office of the court, to be filed 
 with the papers of the case. [Code 1887, ch. 42, § 15.] 
 
 ■Report iri Case of Proceedirigs ilgairist Q-Wriers of Differ- 
 ent Tracts, 
 
 When the proceeding is instituted jointly against the owners of 
 different tracts, a separate report shall nevertheless be made as to 
 each tract; and such report may be made at diflerent times, and a 
 separate hearing had upon each report, which shall be confirmed, 
 recommitted or set aside, upon its own merits or defects. [Code 
 1887, ch. 42, § 16.] 
 
 Proceedirigs on ■tl\e Report. 
 
 When such report is returned and filed as aforesaid, either party 
 may file exceptions thereto, and demand that the question of the 
 compensation to be paid be ascertained by a jury, in which case a 
 jury of twelve freeholders i-hall be selected and impannelled for the 
 purpose in such manner as the court shall direct. But no person 
 shall sit on such jury who may be the owner of or interested in any 
 lands over or through which said railroad will pass. The cause 
 shall be tried as other causes in said court, and the jury, in ascer- 
 taining the damage or compensation to which the owner of the land 
 proposed to be taken is entitled, shall be governed by seciion four- 
 teen of this chapter. If no exception be filed to such report, or if 
 neither party demand a trial by jury as aforesaid, the court, unless 
 good cause be shown against it, or it be defective or erroneous on 
 
118 
 
 its face, shall confirm said report, and order it to be recorded in the 
 law-order book of the court ; but the court may, nevertheless, if it 
 seem proper, refuse to hear the case upon the said report, until no 
 tice of such hearing be given to the parties interested, their agents 
 or attorneys, or any one or more of them, as the court may order. 
 [Code 1887, ch. 42, § 17.] 
 
 Payrqerit of ti\e Corriperisatiori Reported: Its Effect. 
 
 At any time within three months after the report, or the verdict of 
 a jury, if there be one, has been confirmed and ordered to be re- 
 corded, or where such report or verdict has already been confirmed, 
 at any time within three months after this chapter takes effect, the 
 sum so ascertained, with legal interest thereon from the date of the 
 report or verdict until payment, may be paid by the applicant to 
 the persons entitled thereto, or into court. Upon such payment 
 the title to that part of the land so paid for, shall be absolutely 
 vested in fee simple in the applicant; except that in case of a turn- 
 pike or other road (not including, however, a railroad), the right of 
 way only shall be so vested ; Provided, That a railroad company desir- 
 ing to construct a bridge, viaduct or tunnel, may, as to all or any part 
 of the real estate sought to be taken for that purpose, describe in 
 its application an estate or interest therein less than a fee; and with 
 respect to the same, may proceed as in other cases ; and 'upon pay- 
 ment therefor, such estate and interest as is stated and described 
 in the application, shall vest in the applicant. But when less than 
 a fee is taken, in assessing damages the commissioners and jury shall 
 take into consideration the actual damage that is done or that may 
 be done to the fee, by the construction of such bridge, viaduct or 
 tunnel. [Code 1887, ch. 42, S 18, as amended by acts 1891, ch. 68.] 
 
 Ttie Setting Aside 01" Reconqriqittal of Report. 
 
 If good cause be shown against the report, or if it be defective or 
 erroneous on its face, the court, as may seem to be proper, may set 
 aside, or recommit it to the same commissioners for further report; 
 or other commissioners may be appointed in the manner hereinbe- 
 for provided, with or without further notice, as the court may or- 
 der. If the commissioners report their disagreement, or fail to re- 
 port in reasonable time, other commissioners may in like manner 
 be appointed. And so, again, from time to time, as often as may 
 be necessary. [Code 1887, ch, 42, § 19.] 
 
 Payrrient After tlrie Report is Made or Set fiside, Etc.; Its 
 
 Effects. 
 
 After such report has once been made, whether it be set aside, 
 recommitted, or new commissioners appointed or not, or whether a 
 trial by jury be demanded and had or not, the applicant, upon pay- 
 ing into court the sum usccrtained by such report, with legal inter- 
 
119 
 
 est thereon from the date of report until payment, may, notwith- 
 standing the pendency of further proceedings', enter upon, take and 
 use for the purpose specified in the application that part of the land 
 in respect to which such payment is made; and where such 
 payment has been made and possession taken, in a pending case, it 
 shall have the same effect as if such payment were made or posses- 
 sion taken, or both, in a case hereafter commenced. And no order 
 shall be made, or any injunction awarded by a court or judge, to 
 stay him in so doing, unless it be manifest that the applicant is in- 
 solvent, or that he or his officers, agents or servants, are transcend- 
 ing their authority, or that such interposition is necessary to pre- 
 vent injury which cannot be adequately compensated in damages. 
 [Code 1887, ch. 42, .^ 20.] 
 
 Subseqilerit Report. 
 
 When, after such payment into court as is mentioned in the pre- 
 ceding section, a subsequent report is made which is confirmed and 
 ordered to be recorded, or the verdict of a jury is found, if the sum 
 ascertained by such subsequent report or verdict exceed what was 
 so paid, and the applicant fail to pay the same, judgment shall be 
 given against him for the amount of such excess, with legal interest 
 thereon from the date of such subsequent report or verdict until 
 -paj'ment ; but if what was so paid exceed the sum ascertained by 
 such subsequent report or verdict, the excess shall be paid back to 
 the applicant out of the fund in court, or by the persons to whom 
 the same shall have been paid. If the sum ascertained by such sub- 
 sequent report or verdict do not exceed the sum ascertained by the 
 former report, the party on whose motion the former report was set 
 aside, recommitted or other commissioners appointed, or trial by 
 jury demanded, if he be a defendant therein, shall pay the costs oc- 
 casioned by such motion, unless such former report was set aside, 
 recommitted or other commissioners appointed, on some other 
 ground than that of insufficiency of compensation. [Code 1887, ch. 
 42, § 21.] 
 
 Effect of JUdgrqerit, 
 
 When judgment is rendered against the applicant, pursuant to 
 the last section, for any excess ascertained by such subsequent re- 
 port or verdict with interest, the applicant shall thereafter have no 
 right to the possession of the land until the judgment is satisfied. 
 But from the time of such satisfaction by the payment of the money 
 to the persons entitled thereto, or into court, or from the time of 
 confirmation of the subsequent report or verdict, if no additional 
 compensation be thereby ascertained, the title to that part of the 
 land for which such compensation has been made shall be absolutely 
 vested in the applicant in fee simple, except as before excepted in 
 case of a turnpike or other road, and except as before provided in 
 the case of a railroad company taking land for the construction of a 
 
120 
 
 bridge; viaduct or tunnel. [Code 1887, ch. 42, § 22, as amended 
 by acts 1891, ch. 68.] 
 
 Disposal of Money Paid Into Court. 
 
 To enable the court to dispose properly of any money so paid 
 into court, it may have inquiry made by a commissioner to ascer- 
 tain what persons are entitled thereto, and in what proportions, and 
 may direct publication to be made requiring all who are interested 
 to appear before the commissioner, that their respective claims may 
 be passed upon. Upon report of ihe commissioner, or from the 
 evidence before it without such report, the court shill make such 
 disposition of the money as may seem to it right. [Code 1887, ch, 
 42, § 23 ] 
 
 Costs of t]:\e Proceedirigs. 
 
 If the applicant has stated in his application the sum of money 
 which he is ready to pay to the owners for any parcel of land pro- 
 posed to be taken, and it appear by a report confirmed and ordered 
 to be recorded, or by a verdict of a jury that he is entitled to take 
 the said parcel for the purpose mentioned in his application without 
 paying any greater compensation therefor, he shall be adjudged 
 his costs in respect to the said parcel, out of the compensation to be 
 paid therefor to the said owners. [Code 1887, ch: 42, § 24.] 
 
 Wl\er\ to be Paid by Hpplicar\t. 
 
 In cases not otherwise provided for the applicant shall pay the 
 cost of the proceeding. [Code 1887, ch. 42, § 25.] 
 
 Con\perisatior) of Coiriiriissioriei's or Jurors. 
 
 The commissioners appointed to ascertain the just compensation 
 to be paid, shall be entitled to two dollars each for every day they 
 are employed in the performance of their duties, and their own affi- 
 davit shall be received as evidence in that behalf. And the jury, if 
 one be impaneled, as hereinbefore provided, shall receive the same 
 compensation as said commissioners to be taxei in both cases, in 
 the bill of costs, and paid as provided in the next two preceding 
 sections and section twenty-one of this chapter. [Code 1887, ch. 
 42, § 26.] 
 
 Tills Cliapter to Apply to Cases Nom^ Peridirig, Etc, 
 
 This chapter, as amended, shall apply as well to cases for the con- 
 demnation of lands or materials, or both, now pending in any court 
 as to the cases hereafter brought. [Code 1887, ch. 42, § 27.'] 
 
121 
 
 Cases Pending ir\ tl^e United States Cotirts Hereafter Re- 
 inanded; Ho-W Proceeded in. 
 
 If a case heretofore commenced in a county court has been trans- 
 ferred to a district or circuit court of the United States, and such 
 court shall for any cause remand the same, it may be remanded to 
 the circuit court of the county from which it was so transferred, and 
 the clerk of said court shall receive and docket the same in the same 
 manner and with like effect as if it had been transferred to said 
 court under the provisions of chapter thirty-nine of this code. [Code 
 1887, ch. 42, §28.] 
 
 Hcts Repealed. 
 
 Chapter one hundred and fourteen of the acts of one thousand 
 eight hundred and seventy-five, entitled "an act amending certain 
 fsections of chapter forty-two of the code of West Virginia, for taking 
 lands for public purposes without the owner's consent," approved 
 December twenty-nine, one thousand eight hundred and seventy- 
 five, and all other acts and parts of acts coming within the purview 
 of this chapter, and inconsistent therewith, are hereby repealed. 
 [Acts 1881, ch. 18 ] 
 
 REGULATIONS GOVERNING PIPE LINE 
 COMPANIES. 
 
 (Acts 1891, oh 44.) 
 
 HU 3xlcl[ Corporations Subject to TtiiR flct. 
 
 1. Every person, corporation or company now engaged, or who 
 shall hereafter engage or continue in the business of transporting or 
 storing petroleum, by means of pipe line or lines or storage by tanks, 
 shall be subject to the provisions of this act, and shall conduct such 
 business in conformity herewith ; and the word company whenever 
 used in this act shall be construed to include persons and corpora- 
 tions. 
 
 Must Accept PetroleUrn Offered, 
 
 2. Any company heretofore or hereafter organized for the pur- 
 pose of transporting petroleum or other oils or liquids, by means of 
 pipe line or linos, shall be required to accept all petroleum offered 
 
122 
 
 to it in merchantable order in quantities of not less than two thou- 
 sand gallons at the wells where the sapne is produced, making at its 
 own expense all necessary connections with the tanks or receptacles 
 containing such petroleum, and to transport and deliver the same 
 at any delivery station, within or without the state, on the route of 
 its line or pipes, which may be designated by the owners of the pe- 
 troleum so offered. 
 
 PetroleUrri to be Inspected, Measured arid Receipted For. 
 
 o. All petroleum of a gravity of thirty-five degrees Baume or un- 
 under at a temperature of sixty degrees Fahrenheit, offered for trans- 
 portation by means of pipe line or lines, shall, before the same is 
 transported, as provided by section two of this act, be inspected, 
 graded and measured, at the expense of the pipe line company, and 
 the company accepting the same for transpoitation shall aive to the 
 owner thereof a receipt stating therein the number of l)arrels or gal- 
 lons so received, and the grade, gravity and measurement thereof, 
 and within a reasonable time thereafter, upon demand of said owner 
 or his assigns, shall deliver to him at the point of delivery a like 
 quantity and grade or gravity of petroleum in merchantable condi- 
 tion as specified in said receipt; except that the company may de- 
 duct for waste one per centum of the amount of petroleum specified 
 in such receipt. 
 
 Cl^arge for Trarisportir\g Oil of 35 Degrees Gravity or Ijess. 
 
 4. The charge for receiving, transporting and delivering petroleum 
 of the gravity of thirty-five degrees Baume or under at a tempera- 
 ture of sixty degrees Fahrenheit, by means of pipe line or lines, 
 shall not exceed one cent per barrel of ibrty-two gallons, per mile; 
 Provided, That if said rate should amount for the whole distance 
 transported to less than ten cents per barrel, then the sum of ten 
 cents per barrel may be charged; 2lXiA, provided \\\z!i. if the distance 
 be over twenty miles and not more than thirty miles, one-half cent 
 per barrel may be charged for every mile over twenty miles; and, 
 provided further, that if the distance be over thirty miles, the max- 
 imum charge shall not 'exceed twenty-five cents. 
 
 Cijarge for Storage and Waste. ' 
 
 5. Any company engaged in storing petroleum of a gravity of 
 thirty-five degrees Baume or under at a temperature of sixty' de- 
 grees Fahrenheit, by means of tanks, shall be permitted to charge 
 for storage one cent per barrel per month or part of a month, unless 
 the same is removed within fifteen days from the date when said oil 
 is received into the custody of such company, and shall be al- 
 leged for evaporation and waste one-half of one per centum of the 
 oil per month, unless removed within thirty days from the date of 
 the receipt of such petroleum ; but no company engaged in the busi- 
 
123 
 
 ness of stpring petroleum of the gravity of thirty-five degrees Baurne 
 or under, at a temperature of sixty degrees Fahrenheit, shall charge 
 for storage any amount in excess of that authorzed by this section. 
 
 Oil Exceeding Tliirty-Five Degrees to be Sirqilarly In- 
 spected, Etc. 
 
 6. All petroleum of a gravity exceeding thirty-five degrees Baume 
 at a temperature of sixty degrees Fahrenheit, offered for transporta- 
 tion by means of pipe line or lines, shall be inspected and measured 
 at the expense of the company transporting the same, before the 
 same is transported ; and the company accepting the same for trans- 
 portation, shall give to the owner thereof, or to the person in charge 
 of the well or wells from which such petroleum has been produced 
 and run, a ticket signed by its ganger, statinji; the number of feet 
 and inches of petroleum which were in the tank or receptacle con- 
 taining the same bei'ore the company began to run the contents 
 from said tank, and the number of feet and inches of petroleum 
 which remained in the tank after said run was completed; and all 
 deductions made for water, sediment or the like, shall be made at 
 the time such petroleum is measured; and within reasonable time 
 thereafter said company shall upon demand, deliver from the pe- 
 troleum in its custody to the owner thereof, or to his assignee, at 
 such delivery station on the route of its line of pipes as he may elect, 
 a quantity of merchantable petroleum, equal to the quantity of pe- 
 troleum run horn said tank or receptacle, which shall be ascertained 
 by computation; except that the said company transporting said 
 petroleum may deduct-for evaporation and waste two per centum of 
 the amount of petroleum so run, as shown by said run ticket; and 
 except that in case of loss of any petnleum while in the custody of 
 said company caused by fire, lightning, storm or other like unavoid- 
 ble cause, such loss shall be borne pro rata by all the owners of 
 such petroleum at the time thereof. But said company shall be 
 liable for all petroleum that is lost while in its custody by theburst- 
 ing of pipes or tanks, or by leakage from pipes or tanks ; and it shall 
 also be liable for all petroleum lost from tanks at the wells where 
 produced before the same has been received for transportation if 
 such loss be due to faulty connections made to said tanks ; and said 
 company shall be liable for all petroleum lost by the overflow of 
 any tanks with which pipe line connections have been made, if such 
 overflow be due to the negligence of such company; and for all 
 the petroleum lost by the overflow of any tanks with which pipe line 
 connections should have been made under the provisions of this 
 act, but were not so made by reason of negligence or delay on the 
 part of said company. 
 
 Cliarge for Transporting Oil Exceeding 35 Degrees Gravity 
 
 7. Any company engaged in transporting petroleum of a gravity 
 exceeding thirty-five degrees Baume at a temperature of sixty de- 
 
124 
 
 grees Fahrenheit, by means of pipe line or lines, may charge for re- 
 ceiving, transporting and delivering such petroleum not to exceed 
 twenty cents per barrel for each barrel of forty-two gallons; Pro- 
 vided, however, if where the point of delivery is without this state 
 more than twenty cents per barrel be charged then there shall be 
 charged no greater sum than ten cents per barrel for receiving such 
 oil and transporting the same that part of the distance which is 
 within this state. 
 
 Cliarge for Storage, 
 
 8. Any company engaged in transporting or storing petroleum of 
 a gravity exceeding thirty-five degrees Baume at a temperature of 
 sixty degrees Fahrenheit, by means of pipe line or lines and tanks, 
 shall make no charge for storing said petroleum until after the ex- 
 piration of the month following that in which the oil was run and 
 received into custody. But it may charge for storing said petroleum 
 of a gravity exceeding thirty-five degrees Baume at a temperature 
 of sixty degrees Fahrenheit, for every day after the expiration of 
 the month following that in which said oil shall have been run and 
 received into custody, not to exceed one-fortieth of one cent per 
 barrel of forty-two gallons for each day thereafter said oil shall con- 
 tinue to remain in its custody. And such company shall make no 
 charge for water, sediment, waste and the like in transporting or 
 storing any pelroleum after the same has been gauged or measured, 
 before the run of the same is made, except the two per centum for 
 waste and evaporation hereinbefore mentioned. 
 
 Ct\arges to be Uriiforn\. 
 
 9. No company engaged in transporting or storing petroleum by 
 means of pipe line or lines and tanks, shall charge, demand or re- 
 ceive from any corporation, company, association, person or per- 
 sons a greater or less rate tor the transportation or storage of petro- 
 leum than it charges, receives or demands from any other corpora- 
 tion, company, association, person or persons for the transportation 
 or storage of petroleum of like gravity; and any shift, device, or sub- 
 terfuge made or attempted for the purpose of avoiding the provisions 
 of this section shall be void. 
 
 Yiolatioris ; Hq-w Puriistied. 
 
 10. Any company, its officers or agents, wilfully violating any of 
 the provisions of sections two, three, four, five, six, seven, eight or 
 nine, of this act, or charging for any of the services provided for in 
 any of said sections, an amount in excess of that authorized by sfid 
 sections, shall be guilty of a misdemeanor, and on conviction thereof 
 shall be fined not less than one hundred dollars, nor more than one 
 thousand dollars, and shall moreover be liable to the party aggrieved 
 for all damages sustained by,him by reason of such excessive charges. 
 
125 
 
 Lien for Danqages. 
 
 11. Any company engaged in transporting or storing petroleum, 
 shall have a lien upon said petreleum until all charges for trans- 
 porting and storing said petroleum are paid. 
 
 Hccepted Orders arid Certificates Negotiable. 
 
 12. Accepted orders and certificates for petroleum, issued by any 
 company engaged in the business of transporting and storing pe 
 troleum in this state, by means of pipe line or lines and tanks, shall 
 be negotiable, and may be transferred by endorsement, either in 
 blank or to the order of another, and any person to whom the said 
 accepted orders and certificates shall be so transferred, shall be 
 deemed and taken to be the owner of the petroleum therein specified. 
 
 Provisions Generally Respecting Receipts; Certificates, 
 
 Orders, Etc. 
 
 13. No receipt, certificate, accepted order or other voucher shall be 
 issued or putin circulation, nor shall any order be accepted or liability 
 incurred for the delivery of any petroleum, crude or refined, unless the 
 amount of such petroleum represented in or by such receipt, certifi- 
 cate, accepted order or other voucher or liability, shall have been 
 actually received by and shall then be in the tanks and lines, 
 custody and control of, the company issuing or putting in circulation 
 such receipt, certificate, accepted order or voucher, or written evi- 
 dence of liability. No duplicate receipt, certificate, accepted order 
 or other voucher shall be issued or put in circulation, or any liabilitty 
 incurred for any petroleum, crude or refinid, while any former lia- 
 bility remains in fOrce, or any former receipt, certificate, accepted 
 order or other voucher shall be outstanding and uncancelled, except 
 such original paper shall have been lost, in which case a duplicate, 
 plainly marked ''duplicate" upon the face, and dated and numbered 
 as the lost original was dated and numbered, may be issued. No 
 receipt, voucher, accepted order, certificate or written evidence of 
 liability of such company on which petroleum, crude or refined, 
 has been delivered, shall be re-issued, used or put in circulation. 
 No petroleum, crude or refined, for which a receipt, voucher, ac- 
 cepted order, certificate or liability incurred, shall have been is- 
 sued or put in circulation, shall be delivered, except upon the sur- 
 render of the receipt, voucher, order or liability, representing such 
 petroleum, except upon affidavit of loss of such 'instrument made by 
 the former holder thereof. No duplicate receipt, certificate, voucher, 
 accepted order or other evidence of liability, shall be made, issued 
 or put in circulation until after notice of the loss of the original, and 
 of the intention to apply tor a duplicate thereof, shall have been 
 given by advertisement over the signature of the owner thereof in at 
 least four successive issues of a daily or weekly newspaper published 
 in the county where such duplicate is to be issued. Every receipt, 
 
126 
 
 voucher, accepted order, certificate or evidence of liability, when 
 surrendered, or the petroleum represented thereby delivered, shall 
 be immediately cancelled by stamping and punching the same across 
 the face in large and legible letters with the word ''cancelled," and 
 giving the date of such cancellation ; and it shall then be filed and 
 preserved in the principal ofSce of such company for the period of 
 six years. 
 
 14 No company, its officers or agents, or any person or persons 
 engaged in the transportation or storage of petroleum, crude or re- 
 fined, shall sell or encumber, ship, transfer, or in any manner re- 
 move or procure, or permit to be sold, encumbered, shipped, trans- 
 ferred, or in any manner removed from the tanks or pipes of said 
 company engaged in the business aforesaid, any petrolem, crude or 
 refined, without the written order of the owner or owners thereof. 
 
 Coxr\pariy to MaKe arid Post Datarled StateiT\ent of its 
 
 Business. 
 
 1.'). Every company now or hereafter engaged in the business of 
 transporting by pipe lines, or storing crude or refined petroleum in 
 this state, shall, on or before the tenth day of each month, make or 
 cause to be made and posted in its principal business office in this 
 state, in an accessible and convenient place for the examination 
 thereof by any person desiring such examination, and shall keep so 
 posted continuously until the next succeeding statement is so posted, 
 a statement plainly written or printed, signed by the officer, agent, 
 person or persons having charge of the pipes and tanks of said cora- 
 jtany, and iilso by the officer or officers, person or persons, having 
 charge of the books and accounts thereof, which statement shall 
 show in legible and intelligent form the following details of the 
 business : 
 
 First. — How much petroleum, crude or refined, was in the actual 
 and immediate custody of such company at the beginning and close 
 of the previous month, and where the same was located or held, de- 
 scribing in detail the location and designation of each tank or place 
 of deposit, and the name of its owner. 
 
 Second. — How much petroleum, crude or refined, was received by 
 such company during the previous month. 
 
 Third — How much petroleum, crude or refined, was delivered by 
 such company during the previous month. 
 
 Fourth. — For how much petroleum, crude or relined, such com- 
 pany was liable for the delivery or custody of, to other corporations, 
 companies or persons at the close of the month. 
 
 Fifth —How much of such liability was represented by outstand- 
 ing receipts or certificrtes, accepted orders or other vouchers, and 
 how much was represented by credit balances. 
 
127 
 
 Sixi/i.—Th&i all the provisions of this act have been faithfully ob- 
 served and obeyed during the said previous month. 
 
 The statement so required to be made shall also be sworn to by 
 said officers, agent, person or persons before some officer authorized 
 by law to administer oaths, which oath shall be in writing, and shall 
 assert the familiarity and acquaintance of the deponent with the 
 business and condition of such company, and with the facts sworn 
 to, and that the statements made in the said report are true. 
 
 16. All amounts in the statements required by this act, when the 
 petrolrum is handled in bulk, shall be given in barrels and hun- 
 dredths of barrels reckoning forty-two gallons to each barrel, and 
 when such petroleum is handled in barrels or packages, the number 
 of such barrels or packages shall be given, and such statements shall 
 distinguish between crude and refined petroleum, and give the 
 amount of each. Every company engaged in the business afore- 
 said, shall at all times have in their pipes and tanks an amount of 
 merchantable oil equal to the aggregate of outstanding receipts, cer- 
 tificates, accepted orders, vouchers, acknowledgments, evidences of 
 liability, and credit balances, on the books thereof 
 
 Perialty for Violatiori of Hbove Provisioris. 
 
 17. Any company, its officers or agents, who shall make or cause 
 to be made, sign or cause to be signed, issue or cause to be issued, 
 put in circulation or cause to be put in circulation, any receipt, ac- 
 cepted order, certificate, voucher or evidence of liability, or shall 
 sell, transfer or alter the same, or cause such sale, transfer or altera- 
 tion, contrary to the provisions of this act, or shall do or cause to be 
 done, any of the acts prohibited by the thirteenth section ot this 
 act, or omit to do any of the acts by said section directed, shall be 
 guilty of a misdemeanor, and on conviction thereof shall be sen- 
 tenced to pay a fine of not exceeding one thousand dollars, and un- 
 dergo imprisonment not less than ten days nor exceeding one year. 
 
 Penalty for Sellirig ■SAPitl\oilt O-siTier's Coriserit. 
 
 18. Any company, its officers, or agents, who shall sell, encum- 
 ber, transfer or remove, or cause or procure to be sold, transferred 
 or removed from the tanks or pipes of such company, any petro- 
 leum, crude or refined, without the written consent of the owner or 
 owners thereof, shall be guilty of a misdemeanor, and on conviction 
 thereof, shall be sentenced to pay a fine of one thousand dollars and 
 undergo an imprisonment of not less than ninety days and not ex- 
 ceeding one year. 
 
 Penalty for Failure to rnaKe Statenrierit Required. 
 
 19. Any company engaged in the business of transporting by pipe 
 lines or storing petroleum, crude or refined, and each and every of- 
 
128 
 
 ficer or agent of such company who shall neglect or refuse to make 
 the report and statement required by the fifteenth section of this 
 act, within the time and in the manner directed by said section, shall 
 forfeit and pay the sum of one thousand dollars, and in addition 
 thereto the sum of five hundred dollars ior each day after the tenth 
 day of the month that the report and statement required by said 
 section fifteen shall remain unposted as therein directed. 
 
 Hppoiritrrierit of Exan\iiiers, Tt\eir Duties, Etc 
 
 20. The holder of any receipts, certificates, accepted orders, or 
 other vouchers or evidences of liability, o* the owners of oil in the 
 custody of any such company described and referred to in this act, 
 to an amount not less in the aggregate than ten thousand barrels of 
 petroleum, crude or refined, may at any time present their petition 
 to the circuit court of any county wherein such company may he en- 
 gaged in business or have its principal ofiice, or to any judge of said 
 court in vacation, setting forth under oath their ownership as afore- 
 said and desire for the appointment of examiners for the purposes 
 of this section ; and upon such petitioners giving bonds to be ap- 
 proved by the court, or by the judge granting the order, that they 
 will pay all expenses and costs that may accrue in the proceedings, 
 the court, or any judge thereof in vacation, shall forthwith appoint 
 such number of impartial, disinterested and expert persons as may 
 be asked for in ssid petition, as examiners, and shall fix the amount 
 of their compensation; and the court or judge by order, shall di- 
 rect and empower such examiners to immediately inspect and mea- 
 sure all the petroleum, crude or refined, in the custody of any such 
 company named in the said petition, on the day of such inspection, 
 and to examine the books of said company relating to the issue and 
 cancellation of receipts, certificates, accepted orders, vouchers, or 
 evidences of liability, and to its open accounts with persons, compa- 
 nies or corporations with whom it deals in the receipt and delivery 
 of crude or refined petroleum. Such examiners when so appointed 
 shall each immediately be sworn before any authorized officer to 
 perform his duties with fidelity and according to law, which oath 
 shall be reduced to writing, signed and filed with the clerk, and they 
 shall then make immediate inspection, axamination and measure- 
 ment, as required by said petition and 6rder and by this act- And 
 it shall be the duty of each and every such company, its oflScers, 
 agents and employes, to give immediately upon request of any such 
 authorized examiners, all thp information demanded in said petition 
 and required by this act to be reported, and also full access to the 
 oflSces, tanks, pipes, books and accounts of such company. Upon 
 the completion of such inspection, measurement and examination, 
 it shall be the duty of the examiner or examiners, or in the event of 
 the death, resignation, declination or inability to act of any of them, 
 then the others, or any of them, within ten days after their appoint- 
 ment to make to the court appointing them, a written, signed and 
 sworn report of such examination, inspection and measurement, and 
 
129 
 
 file the same of record with the clerk thereof, which report shall 
 show: 
 
 First.— How much merchantable and also how much unmerchant- 
 able petroleum, crude or refined, they found in the tanks and lines 
 of such company, and where the same was located or held by de- 
 scription of tanks. 
 
 Second. — For the custody or delivery of how much crude or re- 
 fined petroleum they found such company to b^ liable at the same 
 date. 
 
 Third. — How much of such liability was represented by outstand- 
 ing receipts, accepted orders, certificates, vouchers or evidences of 
 liability, and how much by credit balances. 
 
 Penalties to Wlriict] Exairiiriers are Liable. 
 
 21. Any examiner so appointed as aforesaid who shall make any 
 false examination, inspection, measurement or report, or shall make 
 known directly or indirectly to any person any information he may 
 become possessed of in the course of his examination, inspection or 
 measurement, except by means of his report made and filed in ac- 
 cordance with this act, or who shall receive directly or indirectly 
 any fee, reward or benefit, or the promise of any fee, reward or bene- 
 fit, other than that provided by thi« act, for the performance or non- 
 performance of any duty or thing contemplated by this act, or con- 
 nected with his said employment, shall be guilty of a misdemeanor, 
 and upon conviction th°,reof shall be sentenised to pay a fine of one 
 thousand dollars, and may at the discretion of the court, be con- 
 fined in jail not to exceed one year. 
 
 ,Perialty for Refxisirig ficcess to BooKs, Etc, 
 
 21. Any ofiicer, agent, manager, superintendent or employe of 
 any company engaged in the transportation by pipe lines of petro- 
 leum, crude or refined, or the storage thereof, who shall refuse or 
 neglect after demand made to give to any authorized examiner full 
 and free access to any and all offices, pipes, tanks, aceounts, books 
 and vouchers required by him in the pursuance of his appointment 
 and this act, shall be guilty of a misdemeanor, and upon conviction 
 thereof shall be sentenced to pay a fine of not exceeding one thous- 
 and dollars, and may at the discretion of the court be confined in 
 jail not to exceed one year. 
 
 Coriflictir\g La^^s Repealed, 
 
 23 All acts and parts of acts inconsistent with the provisions of 
 this act are hereby repealed. 
 
180 
 
 INCORPORATION OF SAVINGS BANKS. 
 
 LCJode 1887, Ch. 54, Sec, S)a] 
 
 Uov^ IriGorporated. 
 
 1. Any number of persons, not less than thirteen, citixens of this 
 state, whose responsibility and fitness for the proposed trust shall 
 be certified by the judge or judges of the circuit court of the county 
 where the proposed savings bank is to be located, may associate 
 themselves together for tie purpose of organizing a savings bank, 
 without being a joint stock company. At least three-fourths of 
 their number shall reside in the county where the proposed bank is 
 to be located. 
 
 2. Such persons shall sign an agreement to the following efiect : 
 "The undersigned agree to become a corporation by the name of 
 (here insert the name) for the purpose of conducting a savings bank, 
 
 under an act of the legislature passed on the day of , 
 
 1887, and entitled, 'an act for the incorporation of savings banks;' 
 which corporation shall keep its ofiice, or principal place of business 
 
 at , in the county of , in the state of West Virginia. And 
 
 each member of said association, whose name is hereunto subscribed, 
 agrees that he will accept the responsibilities and faithfully dis- 
 charge the duties of a trustee of the said corporation ; if the same 
 shall be authorized to transact business, and he shall be named a 
 trustee therein. In testimony whereof we have hereunto subscribed 
 our names, and specified our respective places of residence, post- 
 oflice address and occupation." 
 
 3. This agreement shall be acknowledged by the several incor- 
 porators, and the said agreement with said acknowledgments, shall 
 be delivered to the secretary of state, who, upon being satisfied of 
 the responsibility, good character and general fitness for the dis- 
 charge of the duties appertaining to such a trust, of the persons 
 named in said agreement, shall issue to the said corporators his cer- 
 tificate, under the great seal of the state, to the following effect : 
 
 "1, A. B., secretary of state of the state of West Virginia, hereby 
 certify that an agreement, duly acknowledged, has been this day de- 
 livered to me, which agreement is in the words and figures foflow- 
 ing : (here insert it.) Wherefore, the corporators named in the said 
 agreement, and who have signed the same, and their successors and 
 
 assigns, are hereby declared to be, from this date until the day 
 
 of , a corporation by the name and for the purposes set forth in 
 
 this agreement. 
 
 Given under my hand and the great seal of the said state at , 
 
 this day of —' — ." 
 
131 
 
 4. Upon the filing for recordation, of such certificate, in the office 
 of the clerk of the county court of the county in which the said sav- 
 ings bank is to be located, the persons named therein, and their suc- 
 cessors and assigns, shall be a corporation by the name and for the 
 purposes therein specified, for a period of fifty years from the date 
 of the said certificate. 
 
 Regulations Governing Organisation and Managernent. 
 
 •") As soon as practicable after the certificate of incorporation 
 shall have been filed for record, and thereafter at a regular annual 
 meeting to be held at such place as the trustees may select, on the 
 second Tuesday of December in each year,- the corporators named in 
 such certificate, vifith such other members of the corporation as they 
 may elect to associate with them therein, subject to the approval of 
 the judge, or judges, of the circuit court of the county in which said 
 bank is located, shall elect from their number a president, two vice 
 presidents, and the other members of a board of trustees, which 
 board, including the president and vice presidents, shall consist of 
 not less than thirteen members ; and make such by-laws, rules and 
 regulations as they may think proper for the general conduct of the 
 business of the corporation, not inconsistent with the constitution 
 and laws of the United State or of this State. 
 
 6. The business of the corporation shall be managed and directed 
 by the said board of trustees, who shall elect from their number, or 
 otherwise, a treasurer and such other officers as they shall see fit, 
 and all vacancies in such board, or additions to the membership of 
 the corporation, shall be filled by ballot of the board of trustees as 
 soon as practicable, at a regular meeting, after such vacancy shall 
 occur, and the affirmative votes of a majority of the whole number 
 shall be necessary for the election of any trustee, or^new member of 
 the corporation, and subject also to the approval of the judge, or 
 judges, of the circuit court of the county in which such savings 
 bank is located. 
 
 7. The board of trustees may adopt by- laws and regulations for 
 their government not inconsistent with the by-laws of the corpora- 
 tion. 
 
 8. Regular meetings of the board of trustees shall be held as 
 often as once in every three months, for the purpose of receiving 
 reports of its officers and committees, and for the transaction of 
 other business. 
 
 9 Any trustee omitting to attend the regular meetings of the 
 board, for six months in succession, may thereupon, at the election 
 and discretion of the said board, be considered to have vacated his 
 place, and a successor may be elected. 
 
 10. The judge, or judges,, of the circuit court of the county in 
 which the said savings bank is located, may at any time, for due 
 cause, remove any trustee or member of the corporation, after due 
 notice to such person and affording him an opportunity to be heard 
 in his defense. 
 
132 
 
 11. The trustees may require security from the officers, clerks 
 and agents of the corporation, and fix the salaries of such officers, 
 clerks and agents. 
 
 12. No trustee shall receive any compensation for his services as 
 trustee, except as hereinafter provided ; nor shall he be liable for any 
 loss except such as may happen from his negligence or wilful or 
 corrupt misconduct 
 
 ] 3. No trustee, officer, clerk or servant thereof, shall directly or 
 indirectly, for himself or as the agent or partner of others, borrow 
 any of the funds or deposits of the corporation , or become an en- 
 dorser or surety for any moneys loaned by such corporation. 
 
 14. Such savings banks may receive on deposit any sum or sums 
 of money that may be ofiered for that purpose, and invest the same 
 and declare credits and dividends thereon, as hereinafter authorized 
 and not otherwise. 
 
 15. The sum or sums so deposited, together with any dividend 
 credited thereon, shall be repaid to such depositors respectively, or 
 their legal representatives, after demand, in such manner and at 
 such times, and after such previous notice and under such regula- 
 tions as the board of trustees shall prescribe ; which regulations 
 shall be printed in the pass books or other evidence of deposit fur- 
 nished by the corporation, and shall be evidence of the contract 
 provided, that every such corporation may limit the aggregate 
 amount which any one person may deposit, may refuse to receive a 
 deposit, and may at any time return a deposit. 
 
 16. The board of trustees of every such corporation shall have 
 full power, at their discretion, to pay on application to any minor 
 or married woman, whether the deposit was made by the woman, be- 
 fore or after marriage, such money, or any part thereof, as he or she 
 may have deposited to his or her credit, or any interest or dividend 
 accruing thereon, without the assent of the parent or guardian of 
 such minor, or the husband of such married woman, as the case 
 may be. And whenever it shall become apparent to the trustees or 
 officers of any such corporation that it would be unwise or injurious 
 to the interests of a minor to pay upon his or her application any 
 money standing to his or her credit, the board of trustees may de- 
 mand a written order to make such payment from the parent or 
 guardian of such minor; and, in the event of the minor having 
 neither parent or guardian, may require an order from the circuit 
 court of the county in which such minor shall reside, before makin-^ 
 such payment. 
 
 17. The trustees of any such savings bank shall invest the de- 
 posits of the bank and the income derived therefrom only as 
 follows: • 
 
 Firs/. —In first mortgages or deeds of trusts on real estate situ- 
 ated in this state, or in states contiguous thereto, such real estate 
 in another state not being situated at a distance exceeding fifty miles 
 from such bank, to an amount not to exceed sixty per cent, of the 
 valuation of such real estate, but not exceeding seventy per cent. 
 
133 
 
 of the whole amount of deposits shall be so'invested; and no loan on 
 real estate security shall be made except upon the report of not less 
 than two members of the board of trustees, who shall certify to the 
 value of the premises to be encumbered, according to their best 
 judgment, and such report shall be filed and preserved with the 
 records of the corporation. 
 
 Seeomi.—ln bonds or securities of the United States, or of any 
 state, or of any county, district, city, town or village in this state, 
 or in any bonds for which the faith of the United States is pledged ; 
 or in the notes of any citizen of this state, with a pledge of any of 
 the aforesaid securities at no more than eighty per cent. , of the 
 market value and not exceeding the par value thereof. 
 
 Third. — In the notes of any citizen of this state, with a pledge a« 
 collateral of the stock of any bank or banking association incorpor- 
 ated under the authority of this state, or of the United States, at no 
 more than eighty per cent, of the market value and not exceeding 
 the par value thereof; Provided^ That such corporation shall not 
 hold as security for loans more than one-quarter of the capital stock 
 of any one bank or banking association. Savings banks may de- 
 posit sums, not to exceed twenty per cent, of their deposits, on call, 
 in such banks or banking associations, and tnay receive interest for 
 the same. 
 
 Fourth. — In loans upon the personal notes of the depositors of the 
 corporation, but not exceeding the amount of his deposit to a de- 
 positor; and in such cases the deposit and book of the depositor 
 shall be held by the corporation as collateral security for the pay- 
 ment of the loan. 
 
 Fifth. — If such deposit and income can not be conveniently in- 
 vested in the modes hereinbefore prescribed, not exceeding one- 
 third part thereof may be invested in bonds and other personal se- 
 curities, payable at a time not exceeding one year, with at least two 
 sureties, if the principal and sureties are all citizens of this state and 
 residents therein. 
 
 Sixth. — Ten per cent, of the deposits of any such corporation but 
 not exceeding one hundred thousand dollars, may be invested in 
 the purchase of a suitable site and the erection or preparation of a 
 suitable building for the convenient transaction of its business ; and 
 from portions of which not required for its own use, a revenue may 
 be derived. 
 
 Seventh. — Any such corporation may take real estate, stocks, 
 bonds and securities, in payment in wholeorin partofany debt bona 
 fide owing to it, or may purchase the same if deemed necessary to 
 secure or obtain any payment of any such debt in whole or in part; 
 and may manage, use and dispose of what has been taken or pur- 
 
134 
 
 chased as a natural person might do; but all Buch real estate shall 
 be sold by it within five years after the title thereto is vested in the 
 corporation ; provided, however, that the circuit court of the county 
 in which such real estate is situated may, upon petition of the trus- 
 tees of any such savings bank and for good cause shown, grant an 
 additional time, not exceeding two years, within which such real es- 
 tate may be sold. 
 
 18. Investments shall be made as soon as practicable, except 
 that for the purpose of meeting current expenses and payments in 
 excess of receipts, there may be kept an available fund not to ex- 
 ceed ten per cent of the whole amount of depoi-its, and such fund 
 may be invested only in such loans as are provided for in sub-divis- 
 ions two, three, four, five and seven, of section seventeen. 
 
 19. The excess of current receipts over the payments may be 
 deposited to the credit of the corporation in such banks as may be 
 designated by the trustees ; and money so deposited shall be with- 
 drawn only on the checks of the president or treasurer, counter- 
 signed by such other officer as the trustees may designate. 
 
 20. The real estate which it shall be lawful for any such corpora- 
 tion to purchase, hold and convey, shall be only such as is herein- 
 before provided. 
 
 21. All applications for loans shall be made in writing through 
 the treasurer of the corporation, who shall keep a record thereof, 
 showing the date, name of applicant, amount asked for, and the 
 security offered, and he shall cause the same to be presented to the 
 investment committee of the board of trustees, and in aU cases ot 
 loans upon real estate the borrower shall be required to pay all ex- 
 penses attending the examination of title and securing the money 
 loaned. 
 
 22. No savings bank organized under this act, shall make or issue 
 any certificate of deposit, or pay any interest on a deposit, except 
 semi-annual dividend, nor pay any interest or deposit, or portion of 
 a deposit or check drawn upon itself by any depositor, unless the 
 pass-book of the depositor be produced and proper entry be made 
 therein at the time of the transaction. Provided^ however^ That the 
 trustees may provide for making payments in cases of losses of pass- 
 books; and, provided further, that payments may be made upon 
 the order of a court, or the power of attorney of a depositor. 
 
 23. Every such savings bank, shall at the time of making such 
 semi-annual dividend, reserve as a guaranty fund from the net 
 profits which have accumulated during the six months then next 
 preceding, not less than one eighth nor more than one fourth of one 
 per cent, of the whole amount of deposits, until such fund amounts 
 to five per cent, of the whole amount of deposits; which fund shall 
 be thereafter maintained and held to meet losses in its business from 
 depreciation of its securities or otherwise. 
 
 24. The income or profit of every such savings bank, after a de- 
 duction of all reasonable expenses incurred in the management 
 thereof and tlie guaranty fund, shall be divided among its deposit- 
 
135 
 
 ors, or their legal representatives, at times fixed by its by-laws in 
 the following manner: ' 
 
 Ordinary dividends shall be made every six months and shall not 
 exceed two and one-half per cent, on all sums which have been on 
 deposit for six months preceding, or one and one-fourth per cent, 
 on all sums which have been on deposit for three|months preceding; 
 and no ordinary dividend shall be declared or paid except as above 
 provided, nor upon a deposit of less than three months standing, 
 and any such savings, bank may by its by-laws, provide that no 
 dividends shall be declared^or paid on a less sum than three dollars 
 or on the fractional part of a dollar. 
 
 25. If at the time provided by the by-laws for making ordinary 
 dividends, the net profits [for the six;months preceding, over and 
 above the sum to be added to the guaranty fund, do not amount to 
 one per cent, of the deposits, no dividend of the profits shall be de- 
 clared or paid. 
 
 26. Once in every term of three years, if the net profits, accumu- 
 lated over and above said guaranty fund and dividends, amount to 
 one per cent, of the deposits which have remained in such sav- 
 ings bank for one year then next preceding, such net profits shall 
 be divided among the depositors whose deposits have remained 
 therein for one year at least then next preceding, in proportion to 
 the amount of dividends which have been declared on their depos- 
 its during the three years then next preceding. 
 
 27. No dividends shall bejdeclared or paid, until the trustees 
 cause an examination to be made and find that the amount thereof 
 has actually accrued, and no dividend or interest shall be paid un- 
 less authorized by an aye and no vote of the trustees, recorded in 
 their minutes, after such an examination. 
 
 28. It shall be lawful for the trustees of any such savings bank 
 to receive such reasonable compensation, when acting as officers or 
 agents of the corporation, each year as the majority of the members 
 of the corporation at their annual meeting shall by resolution pre- 
 scribe for specified duties to be ; performed, suchj resolutionsj being 
 approved by the judge, or judges, oi the circuit court of the county 
 in which said savings bank is located, but it shall not be lawful to 
 pay trustees, as such, for,their attendance at meetings of the 
 board. 
 
 29. It shall be the duty of the trustees of every such savings 
 bank, by a conamittee of not less than three of their number, on or 
 before the first day of January and July, in each year, to thorough- 
 ly examine the books, vouchers and assets of such savings bank and 
 to make a statement of its assets and liabilities, and to publish the 
 same in a newspaper of general circulation in the county in which 
 such bank is located, at least twice before or on the first day of Feb- 
 ruary and August in each year; which said statement shall be veri- 
 fied by the oath of a majority of tjie trustees making such examina- 
 nation. 
 
 30. The circuit court of the county in which any such savings 
 bank is located, may, at any time, on the application under oath, of 
 
136 
 
 any five or more officers, trustees or depositors of any such corpor- 
 ation, and such depositors representing deposits aggregating at 
 least two thousand dollars, setting forth their interest, and the rea- 
 son for making such examination, for reasons deemed sufficient by 
 said court, appoint two or more persons to examine into the invest- 
 ments thereof, and its affairs and business generally. The books, 
 papers and business of such corporation shall be open and subject 
 to the examination of such persons, and the trustees, officers, and 
 clerks thereof, or any other person, may be examined on oath by such 
 persons; and the said court may confer such other powers on the 
 persons so appointed as they may consider necessary for the more 
 thorough and perfect examination of the affairs and business of such 
 corporation ; the said persons so appointed shall report the result of 
 their investigation to the said court, who, if satisfied thereby, that 
 any trustee, officer or servant of such corporation has been guilty 
 of any fraud or misconduct, may remove such person or persons, 
 and make further order and take such further measures for securing 
 the funds and property of such corporation as the said court may 
 deem expedient. The costs and fees attending such proceedings 
 shall be within the discretion of the said court, and may be adjudged 
 sither Against the petitioners or the funds of such corporation, as 
 the court may determine. 
 
 31. Any trustee, officer, or agent of any such corporation, who 
 shall authorize or make an investment in any securities not named 
 in this act, shall be guilty of a misdemeanor, and fined not less than 
 one hundred dollars, and imprisoned not less than one year. 
 
 32. Every such corporation may, at any time, hold special 
 meetings of its members by order of its trustees, and its treasurer 
 shall also give notice of special meetings of the members upon the 
 requisition in writing of any ten members of the corporation. No- 
 tice of all meetings shall be given by public advertisement in some 
 newspaper of the county where the corporation is established, and 
 by seasonably mailing to each member a written or printed notice 
 of such meeting. 
 
 33. Any member of any such corporation may, at an annual 
 meeting, withdraw from the corporation, if he has filed with the 
 treasurer a written notice of his intention so to do, three months at 
 least before such meeting. And no person shall continue to be a 
 member after removing from the state. 
 
 34. The board of trustees of every such corporation shall, in the 
 month of January of each year, at the time of publishing the semi- 
 annual statement of such corporation, cause to be published at the 
 same time, and in the same newspaper or newspapers, :i complete 
 list of the unclaimed deposits, on which at least the sum of five dol- 
 lars shall then be due, and which shall have been deposited by per- 
 sons who have not within two years then next preceding, made a 
 depositor received a dividend or payment from such corporation. 
 
 35. Every such savings bank is authorized and empowered to pay 
 any order drawn upon it by any person who has funds on deposit 
 to meet the same, notwithstanding the death of such drawer in the 
 
137 
 
 interval of time between signing such order and its presentation for 
 payment, when said presentation shall be made within thirty days 
 after the date of such order; and at any subsequent period, provided, 
 the depository has not received actual notice of the death of the 
 drawer. 
 
 36. When a deposit is made in any sucli corporation by any one 
 in trust for another, the name and residence of the person for whom 
 it is made shall be disclosed, and it shall be credited to the depos- 
 itor as trustee for such person ; and if no other notice of the exist- 
 ence and terms of a trust has been given in writing to the corpora- 
 tion, in the event of the death of the trustee, the deposit, with the 
 interest thereon, may be paid the person for whom such deposit was 
 made, or to his legal representative. 
 
 37. The members of any such corporation may at any time, in any 
 annual meeting, or meeting called for the purpose, resolve to dis- 
 continue the business of the corporation, a majority of all the mem- 
 bers being present and voting in favor of such discontinuance; and 
 may divide among the depositors, in proportion to their respective 
 interests -therein, the property and assets that may remain after 
 paying all debts and liabilities of the corporation. Public no- 
 tice of such reso iition shall be immediately given by advertisement, 
 in some newspaper or newspapers of general circulation in the county 
 where such savings bank is located, once a week for six successive 
 weeks at least, before any dividend of the funds of the corporation 
 shall be made ; and the said resolution shall be forthwith certified 
 by the president under his hand and the common seal of the corpor- 
 ation, to the secretary of state, who shall preserve the same in his 
 office, and deliver a copy to the clerk of the house of delegates, to 
 be printel and bound with the acts of the legislature. 
 
 38. When any such corporation shall expire or be dissolved, its 
 property and assets shall, under the order and direction of the board 
 of trustees then in office, or of the receiver or receivers appointed 
 for the purpose by the circuit court of the county in which such 
 savings bank is located, be subject to the payment of the liabilities 
 of the corporation and the expenses of winding up its affairs; and 
 the surplus, if any then remaining, to distribution among the deposi- 
 tors according to their respective interests. And suits may be 
 brought, continued or defended, the property, real or personal, of 
 the corporation be conveyed or transferred, under the common seal 
 or otherwise, and all lawful acts be done, in the corporate name, in 
 like manner and with like effect, as before such dissolution or ex- 
 piration; but so far only as shall be necessary or proper for collect- 
 ing the debts and claims due to the corporation, converting its prop- 
 erty and assets' into money, prosecuting and protecting its rights, 
 enforcing its liabilities, and paying over and distributing its prop- 
 erty and assets, or the proceeds thereof, to those entitled thereto. 
 
 39. Every corporation subject to this act shall exhibit its books, 
 papers and property, to such agents or committees, as the legisla- 
 ture may from time to time appoint to examine the same; and when 
 required by the legislature, shall report thereto a full, fair and de- 
 
138 
 
 tailed exhibit of its property, liabilities and condition, verified by 
 the oath of the president, and of the treasurer or principal book- 
 keeper. 
 
 40. Savings banks incorporated under this act shall be subject to 
 the provisions of the fifty-second, fifty-third, fifty-fourth and fifty- 
 fifth chapters of the code- so far as the same are applicable, 
 
 MUTUAL INSURANCE COMPANIES. 
 
 (Code 18«7, Ch, S."!, See. 27a, lis Anicnded bj'Ch.II, Aelt 1«93.) 
 
 Sucli Corpor'atioris Defined. 
 
 1. Every company or association incorporated under the general 
 or any special law of this state, or of any other of the United States, 
 which issues to its members certificates or policies agreeing to pay 
 certain benefits to the beneficiarie,? thereunder, which benefits are, 
 by the contract therefor, to be realized from assessments levied upon 
 the members of said company or association, or any part thereof, 
 shall be deemed a corporation for the mutual protection and relief 
 of its members, and shall be subject to the provisions of this act. 
 Every such corporation incorporated by any act of the general as- 
 sembly of Virginia passed before the twentieth day of June, one 
 thousand eight hundred and sixty-three, and having its pri'icipal 
 place of business in tJtiis state ; or heretofore or hereafter incorporated 
 under and pursuant to any act of the legislature of this state, shall 
 be deemed a domestic corporation. All others shall be deemed 
 foreign corporations. 
 
 Reports to be Made to HLtditor. 
 
 2. Every such domestic corjjoration shall, on or before the first 
 day of March in each and every year, file with the auditor a state- 
 ment, under oath of the president and secretary thereof, setting forth 
 its condition on the thirty-first day of December then next pre- 
 ceding, which statement shall show : 
 
 First. — The name and the locality of the corporation. 
 
 Second. — The amount of its capital stock. 
 
 Third. — The amount of its capital stock paid U}). 
 
139 
 
 Fourih. — The assets of the corporation, setting forth the nature 
 of the several items and the securities in which they are invested. 
 
 Fifth.- Claims for benefits adjusted and due. 
 
 Sixth. — Claims for benefits adjusted but not due. 
 
 Seventh. — Claims for benefits unadjusted, reported and in sus- 
 pense or dispute. 
 
 Eighth. — All other claims against the corporation, and all other 
 amounts due or owing by it. 
 
 8. Every such foreign corporation shall, before transacting or con- 
 tinuing to transact business in this state, file with the auditor, a 
 statement similar in character to that required of domestic corpora- 
 tions, and shall thereafter, as long as it continues to do business in 
 this state, be subject to the same requirement as to annual state- 
 ments as are domestic corporations. 
 
 Foreign Corpomtioris to Hppoirit Resident Httorney. 
 
 4. Every such foreign corporation shall, as a condition precedent 
 to doing business in this state, by power of attorney, duly acknowl- 
 edged artd authenticated, and filed in the office of the auditor, ap- 
 point some person residing in this state to accept service of process 
 and notices in this state for the said corporation, and by the same 
 instrument shall declare its consent that service of any process or 
 notice in this state on said attorney, or his acceptance of service 
 endorsed thereon, shall have the same effect as service thereof upon 
 the corporation ; and thereafter such acceptance by the said attor- 
 ney or service upon him shall be equivalent for all purposes to 
 service upon his principal. 
 
 Exarqir\atioris, Ho^ arid by Wtiorq iVLade, Etc. 
 
 5. The auditor shall be authorized to examine into the condition 
 and affairs of any such corporations doing or applying for authority 
 to do business in this state, or cause such examination to be made 
 by some person or persons appointed by him, having no interest in 
 any such corporation or in any insurance company, and whenever 
 it shall appear to the satisfaction of said auditor that the affairs of 
 any such corporation are in an unsound condition, he shall, if the 
 corporation is already authorized to do business in this state, re- 
 voke the certificate granted in behalf of said corporation, and shall 
 cause notification thereof to be published in some newspaper of 
 general circulation, published at the capital of the state, and such 
 corporation, its agent or agents, are, on and after such notice re- 
 quired to discontinue all business within the state. The expenses 
 of every such examination shall be paid by the corporation exam- 
 ined, and the auditor may, before beginning any such examination 
 require satisfactory security for the payment thereof, and if the 
 
140 
 
 8ame is not furnished, the auditor shall refuse or revoke the cor- 
 poration's certificate of authority, the same as if it had been found 
 in an unsound condition. 
 
 6. It shall be the duty of the auditor to issue to every such cor- 
 poration complying with the preceding sections unless an examina- 
 tion thereof shows it to be in an unsound condition, a certificate 
 thereof, with authority to the corporation so complying to transact 
 business in this state for the period of one year from the date cff 
 such certificate of authority : Provided, That authority shall not be 
 issued to any corporation which grants certificates or policies where- 
 by a benefit or payment is to become due upon the death of any 
 person who, at the time of the execution of the contract, is over, 
 sixty-five jears of age, and provided further, that no such certificate 
 of the auditor shall be issued, renewed or allowed to remain in force 
 unless such corporation furnishes satisfactory evidence to the audit- 
 or that it is duly incorporated, and is authorized to do business in 
 the state of its incorporation; that it is engaged in no other business 
 than that authorized by this act and the laws appertaining thereto; 
 that it is paying and is able to pay its certificates or policies iu fuU 
 and that it contracts to pay benefits for no other cause than the death 
 of the member, or policy-holder, or at the end of a stipulated pe- 
 riod of years during the life of the member or policy-holder, or his 
 injury by external violent causes, or disability by sickness or dis- 
 ease. 
 
 7. Any person doing, or attempting to do business of the charac- 
 ter covered by this act, for or on behalf of any such corporation 
 which has not' the certificate of authority provided for in the pre- 
 ceding section, shall be liable lo a fine of one hundred dollars for 
 each and every ofience. 
 
 fixiditor's Fees, 
 
 8. Every such corporation shall pay to the auditor ten dollars 
 for each statement filed by, and twenty five dollars for the certifi- 
 cate of authority issued to it, under the provisions of this act, 
 tv^enty dollars of which shall be paid into the state treasury. 
 
 Certified Copies of Papers to be Received as Evidence. 
 
 9. The written and printed copies of all papers required by this 
 act to be deposited with the auditor, certified under the hand of 
 such auditor to be true and correct copies of such papers, shall be 
 received as evidence in all courts and places in the same manner, 
 and have the same force and efi'ect as the originals would have if 
 produced. 
 
 To Wlriat Societies Act Does Not Hpply, 
 
 10. This act shall not apply to fraternal societies securing mem- 
 bers through the lodge system, who do not employ agents, except 
 
141 
 
 for instituting lodges ; nor shall it be so construed as to affict any 
 contract heretofore made by any company or association with a resi- 
 dent of this state, nor to prevent any such company or asiociation 
 from contiRuing and carrying out such contract. 
 
 LATERAL RAILROADS. 
 
 (CculelSST, eh. 5t, si-c. 69a.) 
 
 1. If any owner or owners, lessee or lessees of timber or timber 
 lands, quarries, mills, oil or salt wells, coal mines, lime kilns or other 
 real estate, in the vicinity of any railroad, canal or slack water 
 navigation, made or to be made, aad not more than twelve mileg 
 distant therefrom, shall desire to make a railroad thereto over any 
 intervening lands, he or they, their engineers and agents, may en- 
 ter upon any such lands, and survey and mark such route as he or 
 they shall think proper to adopt, doing no damage to the property 
 explored, and thereupon may present a petition to the circuit court 
 of the county in which said intervening land is situated, setting 
 forth his or their desire to be allowed to construct or finish a rail- 
 road, in and upon the said route, and the beginning, course and 
 distances thereof, and place of intersection witti the main railroad, 
 canal or slack water navigation, which shall be filed in said court; 
 whereupon the said court shall appoint five disinterested and ju- 
 dicious men, who shall be freeholders, resident in the said courlty, 
 who shall be appointed as provided in chapter forty-two of the 
 code, as amended and re-enacted by tbe acts ot one thousand eight 
 hundred and eighty-one, and as amended by the acts of one thous- 
 and eight hundred and eighty-two, and one thousand eiglit hun- 
 dred and eighty-three, as it miy hereafter be amended, and who 
 shall view the said proposed route for a railroad and examine the 
 same, and if they or any three of them shall deem the °ame needful 
 and useful for the transportation of timber, or coal, or minerals, or 
 natural oil, either in a crude or manufactured state to market, and 
 that the condemnation of the property is necessary and of public 
 utility, and that no other practicable route would subserve the pur- 
 pose of the one asked to be condemned, they shall forthwith report 
 in writing to the said court what damages will be sustained by the 
 owner or owners of the said intervening lands, asked to be con- 
 demned by the opening, constructing, completing and using of the 
 said railroad, perpetually ; or if the person or persons petitioning 
 ask in their petition for the use of said real estate for a limited time 
 only, then for such period of time, and the report of the said view - 
 
142 
 
 ers and appraisers shall be filed of record in the said court, and the 
 proceedings thereafter in the said court shall be as provided for by 
 law, or as may hereafter be provided for by law, except as may here- 
 in be otherwise provided Whenever any county road is necessary 
 to be crossed or to be used by a railroad of the kind herein author- 
 ized, such county road shall be crossed and used in the same man- 
 ner and upon the same conditions as any such county road can now 
 be legally crossed and used by any other railroad. 
 
 2. Such notice to land owners must be given as is provided in 
 chapter forty-two of the code of West Virginia, as amended and re- 
 enacted by the acts of one thousand eight hundred and eighty-one, 
 and as amended by the acts of one thousand eight hundred and 
 eighth-two and one thousand eight hundred and eighty-three, and 
 as may hereafter be amended, and like proceedings had in ever)"^ 
 particular, not inconsistent with this act, and both the petitioner 
 and the land owner shall have all of the rights, privileges and pro- 
 tection in every respect as they wo'uld have in a like proceeding 
 under the said chapter amended and re enacted as aforesaid, and such 
 further rights, privilegec and protection as may be provided for in 
 any amendment hereafter made to the said chapter. 
 
 3. When the sum which is required by the court to be paid, is 
 paid as prescribed by chapter forty-two of the code as amended and 
 re-enacted and amended aforesaid, and as it may hereafter be 
 amended, in cases where damages have only been ascertained for 
 the use of a right of way for a certain number of years, then on-y 
 the use of the right of way in accordance with the provisions of 
 this statute for the number of years designated in the report of the 
 commissioners, as the period for which damages were ascertained, 
 and the right to apply the gravel, timber and other material on the 
 right of way to and for the construction of the road, shall vest in 
 the applicant. 
 
 4.' - The said right of way shall not exceed fifteen feet in width, 
 and for the purposes of excavations and embankments the petitioner 
 may take as much more land in accordance with the foregoing pro- 
 visions as may be necessary for the pr )per construction, repair and 
 security of the said road, and within this limit, may be of such 
 width as may be asked for in the petition of the applicants, and it 
 shall not be lawful to condemn land for this kind of a railroad that 
 could not lawfully be condemned for any other railroad ; the rail- 
 road may be single or double track and formed of wood, stone and 
 iron, each or all of them, as the proprietor ol the said road shall 
 adopt. 
 
 6*. Any person desiring the proprietor or proprietors of such a 
 railroad, as is authorized by this chapter, to haul for him over said 
 road any sand, timber, lumber, coal, minerals, natural oil or articles 
 made from any of these materials and for which the said railroad 
 and the engines, trucks, cars, wagons or vehicles used thereon by 
 the proprietor are adapted, may require such proprietor or proprie- 
 
 •Sectlon five was oraited from the act, or the sections were improperly numbered. 
 
143 
 
 tors, when called upon, to transport such freight, and to this extent 
 they shall be deemed common carriers. 
 
 7. In case .the person desiring freight hauled and the proprietor 
 or operator of the said road and the said person cannot agree upon 
 the rate for transportating the said freight, the said person desiring 
 the freight hauled may move the county courtof the county where the 
 said road intersects the railroad, canal or slackwater, to which it is 
 built, after having first given five days' notice to the person opera- 
 ting said road, or if such person cannot be found, then to any per- 
 son in charge of the road, or if no such person can be found, by 
 posting and leaving posted in five public places on the line of said 
 road copies of the said notice, to fix the rate of compensation to be 
 paid for transporting the said freight, and the said court, after bear- 
 ing any testimony that may be offered, shall fix the compensation 
 to be received by the operator of said road, which rates may in like 
 manner be altered from time to time upon the motion of any party 
 interested, and he shall be compelled to haul the goods at that rate, 
 as well as any other goods that may be offered by any other person 
 of like kind with the goods for which the rate had been fixed by 
 the court; and for refusing to carry the freight as aforesaid, the per- 
 son or persons controlling the said road shall be subject to all of the 
 liabilities and recoveries that any other railroad would be subject to. 
 
 8. Proprietors of such railroads not using locomotive or motors, 
 and who have the right of way only for a term of years, shall not 
 be required to fence in the said road at any place, but when the said 
 road has been condemned through enclosures or land afterwards en- 
 closed, the said proprietors shall be required to keep up gates at the 
 places where the road enters and leaves the enclosures and keep 
 them locked, and he shall be liable to the party injured for treble 
 damages for injuries caused by his failure to observe and to have 
 his workmen and agents observe the above requirements. 
 
 9. Any lateral railroad suffered to remain unused for the period 
 of two years, shall be considered as abandoned, and the right of 
 way where the land was condemned shall revert to the original 
 owner, or where obtained by contract, to the grantor, unless other- 
 wise provided in the contract, his heirs or assigns, together with 
 the material out of which the road was constructed, unless said ma- 
 terial is removed by the proprietor or proprietors, three months no- 
 tice to them being given to remove the same, which notice, in case 
 the propriefor or proprietors are non-residents, shall be given by 
 publication in a newspaper in the county where the road interesects 
 the railroad, canal or slackwater to which it connects, or where 
 there is no such paper, then in a newspaper printed in an adjoining 
 county. 
 
 10. Any railroad of the kind contemplated in this act shall be 
 deemed a lateral railroad and come within its operations whenever 
 any part of its road bed has been condemned under and by virtue 
 of the provisions of this statute. 
 
 11. No franchise or right of way acquired by virtue of this act, 
 
144 
 
 shall be sold, leased or otherwise transferred, without the consent of 
 the legislature first had and obtained. 
 
 TELEGRAPH AND TELEPHONE COMPANIES. 
 
 Per,alty for Injury to Property. 
 
 Any person who shall wilfully or maliciously destroy or injure 
 any of the wires, poles, insulators or other property or material, be- 
 longing to any telegraph or railroad company, shall be guilty of a 
 misdemeanor, and upon conviction, shall be punished by imprison- 
 ment in the county jail not exceeding twelve months, and by fine 
 not exceeding five hundred dollars, at the discretion of the court. 
 Such person shall also be liable in a civil action for all damages to 
 such property caused by such destruction or injury. Code 1887, ch. 
 145, § 26a.] 
 
 Rigl\t of Telepijorie Corqpariies to Erect Poles arid Wires. 
 
 Telephone companies desiring to extend lines of telephone in this 
 state may place poles for wires along any county road, by and with 
 the consent of the county court of the county through which such 
 line may pass: Provided, That all such poles and wires shall be 
 placed and erected so as not in any way to interfere with the 
 public use of such road, or with any fruit or shade trees or private 
 property; and provided, further. That when any company desires to 
 erect telephone poles along any street of an incorporated city, town 
 or village, the consent of the council of such city, town or village 
 shall be first obtained. [Ch. 96, acts 1891.] 
 
 TAX ON STATE SEAL. 
 
 Except when the seal is used on the papers of a requisition issued 
 by the governor for the return of a fugitive from justice, and in the 
 cases mentioned in the two succeeding sections, there shall be a tax 
 
H5 
 
 of one dollar whenever the seal of the state is affixed to any paper, 
 which tax shall be paid to the secretary of state. fCode 1887 ch 
 32, §85.] 
 
 CORPORATION LICENSE TAXES. 
 
 flnqoiirit, Wl\eri to be Paid, Penalty for Nori-Payrqerit. 
 
 Upon every corporation which has heretofore obtained or which 
 shall hereafter obtain a charter or certificate of incorporation from 
 this state, and whose principal place of business or chief works are 
 located inside ot this state, there shall be an annual license tax of 
 ten dollars, to be paid on or before the first day of May of .each year, 
 or at the time of obtaining such charter or certificate of incorpora- 
 tion, and on or before every first day of May thereafter, as the case 
 may be, to the auditor, and by him turned into the general treasury. 
 [Code 1887, ch. 32, § 86 ] 
 
 Upon every corporation which has heretofore obtained, or which 
 shall hereafter obtain, a charter or certificate of incorporation from 
 this state, and whose principal place of business or chief works are 
 located outside of this state, there shall be an annual license tax of 
 fifty dollars, to be paid on or before the first day of May of each 
 year, or at the time of obtaining such charter or certificate of incor- 
 poration, and on or before every first day of May thereafter, as the 
 case may be, to the auditor, and by him turned over into the gen- 
 eral treasury of this state. [Cods 1887, ch. 32, §87.] 
 
 Any such corporation which shall fail to pay the tax provided for 
 in the last two sections, shall, because of such failure, forfeit its 
 charter to the state. [Code 1887, ch. 32, § 88 ] 
 
 It shall be the duty of the auditor, on or before the first day of 
 March in each year, to notify every corporation liable to a tax here- 
 under, of the time of payment of such tax. Such notice shall con- 
 tain the words of this and the three sections last preceding. [Code 
 1887, ch. 22, § 89.] 
 
 It shall be the duty of the auditor, within thirty days after the 
 first day of every May, to publish in two newspapers of general cir- 
 culation, one of which must be published at the seat of government 
 and the other in the city of Wheeling, a list of all such corporations 
 as have forfeited their charters under the provisions of this chapter 
 within the year preceding, and any such corporation which shall 
 within sixty days after such publication pay to the auditor the tax 
 
146 
 
 payable on or before the first day of May of that year, and five dol- 
 lars in addition thereto, shall thereupon be relieved from the forfeit- 
 ure of its charter by reason of such failure. [Code 1887, oh. 32, $ 
 90] 
 
 Nothing in this chapter shall be construed as imposing a license 
 tax on corporations chartered strictly for educational, literary, agri- 
 cultural, scientific, religious, cemetery or charitable- purposes, or 
 upon charters incorporating masonic lodges, odd fellows lodges, or 
 other charitable societies. [Code 18d7, ch. 32, § 91.] 
 
 The secretary of state shall semi-annually, within the thirty days 
 succeeding the first day of January and -July, render under oath, to 
 the auditor, an account of the taxes received by him as aforesaid, 
 and pay into the treasury of the state the amount appearing there- 
 by to be due ; or if such officer have received nothing, he shall 
 within the said thirty days, transmit his affidavit to that effect to 
 the auditor. [Code 1887, ch. 32, § 92.] 
 
 LIABILITY OF STOCKHOLDERS. 
 
 The stockholders of all corporations and joint stock companies, 
 except banks and banking institutions, created by laws of this state, 
 shall be liable for the indebtedness of such corporations to the 
 amount of their stock subscribed and unpaid, and no more. [Con- 
 stitution, article XL, § 2.] 
 
 FORM OF ACKNOWLEDGMENT. 
 
 (Code 1887, ch. 86, sees, 4, 5, cs amended by ch. 23 .icts 1891 ) 
 
 4. When a husband and wife have signed a writing purporting to 
 convey real estate, the wife may acknowledge the same together with 
 or separately from her husband. If both acknowledge said writing 
 
r 
 
 147 
 
 at the same time, the certificate of such acknowledgments shall be 
 
 in form or effect as follows : 
 
 State (territory or district) of - — , county of , to-wit : 
 
 I- , a commissioner appointed by the governor of the state 
 
 of West Virginia, for the said state of , (or territory or district 
 
 of ). or, I, ,a justice of the peace of the said county of 
 
 , or, I, , a notary of the said county of , or 
 
 I, , prothonotary (or clerk) of the court or 
 
 county of , for other officer or person authorized to take ac- 
 knowledgments by section three ©f this chapter, as the case may 
 
 be,)* do certify that and , his wife, whose names are 
 
 signed to the writing above or hereto annexed, bearing date the 
 
 day of , 18 — , have this day acknowledged the same before 
 
 me in my said 
 
 Given under my hand this — • — day of , 18 — . 
 
 If the wife acknowledge a deed or other writing separately from 
 her husband, the certificate of her acknowledgment after the star, 
 in the foregoing form shall be in form or effect as follows: "do cer- 
 tify that , the wife of , whose names are signed to the 
 
 writing above (or hereto annexed) bearing date the day of 
 
 , 18— , has this day acknowledged the same before me in 
 
 my said . 
 
 Given under my hand this day of , ] 8— . 
 
 If the acknowledgment be before a ^notary public without this 
 state, he shall certify the same under his official seal. 
 
 ficKrio'ii'ledgrqerits by Corporatioris, Etc, 
 
 The certificate of acknowledgment of a corporation or joint stock 
 association may be in form or effect as prescribed in the next 
 preceding section down to the star, and then as follows: ''Do 
 
 certify that personally appeared before me in my 
 
 said , and being by me duly sworn, (or aflBrmed) did depose 
 
 and say that he is the president (or other officer or agent) of the 
 corporation (or association), described in the writing above (or 
 hereto annexed) bearing date the day of , 18—, auth- 
 orized by said corporation (or association), to execute and acknowl- 
 edge deeds and other writings of said corporation (or association), 
 and that the seal affixed to said writing is the corperate seal of said 
 corporation (or the seal of the said association as the case may be), 
 and that said writing was signed and sealed by him in behalf of said 
 corporation (or association) by its authority duly given. And the 
 
 said acknowledged the said writing to be the act and deed of 
 
 said corporation (or association.)" Or if the corporation has no cor- 
 porate seal, or the association has no seal, omit the words ' 'seal 
 affixed to said writing is the corporate seal of said corporation, 
 (or the seal of said association, as the case may be)," and say "said 
 corporation (or association has no seal." And in such case omit 
 the word "sealed" after the words "signed and," and insert in lieu 
 of it the word "executed." 
 
148 
 
 INCORPORATED ASSOCIATIONS OTHER 
 THAN JOINT STOCK COMPANIES. 
 
 Hou) Iricorpor'ated. 
 
 Corporations (other than joint stock companies) may be formed 
 under this chapter for benevolent associations, societies and orders 
 including cemetery associations, orphan, blind and lunatic asylums 
 and hospitals, lodges of free and accepted masons, independent order 
 of odd follows, improved order of red men, sons of temperance, 
 good templars, law or other library associations, and all other as- 
 sociations, societies and orders of like character, and for mutual fire 
 insurance companies. [Code 1887, ch. 55, § 1.] 
 
 Nilrqber' of Persoris -Wlio n\ay Organize. 
 
 It shall be lawful for any number of persons not less than five, 
 except for mutual fire insurance companies, which shall be organized 
 under section nine of this chapter, desiring to become a corporation 
 for any business or purpose prescribed in the first section, to sign 
 and acknowledge an agreement or declaration to the following effect : 
 "The undersigned agree to become a corporation by the name of 
 (here insert the name,) for the purpose of (here insert the purpose,) 
 and for that purpose desire authority to purchase, hold, lease, sell 
 and convey real property to the value of $ , and personal prop- 
 erty to the value of $ . Given under our hands this 
 
 day of , ." [Code 1887, ch. 55, § 2. J 
 
 Ho^ Hgreen\er\t HcKno-SA^ledged arid Wl^ere Filed. 
 
 The said agreement or declaration shall be acknowledged by the 
 parties signing the same, in the same manner that deeds are required 
 to be acknowledged by the laws of this state ; and when so ac- 
 knowledged it shall be filed with the clerk of the county court of 
 the county in which the business or purpose of the corporation is to 
 be carried on or pursued, and by said clerk preserved and duly re- 
 corded in a book to be kept exclusively for that purpose. [Code 
 1887, ch. 55, § 3.] 
 
 Certificate of Iricorporatior]. 
 
 The clerk shall thereupon issue to the corporators a certificate 
 under the seal of his office, stating distinctly the names of the cor- 
 
149 
 
 porators, and the name as well ;w the object and purpose of the 
 corporation. [Code 1887, ch. 55, § 4.j 
 
 Effect of Sucl) Certificate. 
 
 When a certificate of incorporation shall be issued by the clerk, 
 pursuant to the preceding section, the corporators named therein,' 
 and their associates and successors, shall, from the date of such cer- 
 tificate, be a corporation by the name and for the purpose and ob- 
 ject therein specified. And the said certificate of incorporation, or 
 a certified copy thereof, shall be received in all courts and places as 
 evidence of the existence of the corporation as aforesaid. fCode 
 1887, ch. 55, § 5.] 
 
 Narqe. 
 
 No corporation formed under this chapter shall be allowed to use 
 or adopt the name of any other corporation within this state. [Code 
 1887, ch. 55, § 6.] 
 
 Fees of ClerXs. 
 
 For issuing a certificate of incorporation according to the fourth 
 section of this chapter, the clerk may charge a fee of one dollar, 
 and for recording the original agreement or declaration, as required 
 by the third section of this chapter, fifty cents, or in lieu thereof 
 fifteen cents for every one hundred words; which fees shall be paid 
 at the time the service is rendered by the person at whose instance 
 it is done. [Code 1887, ch. 55, § 7.] 
 
 By.l^av^s arid Regulatioris. 
 
 Corporations formed under this chapter may make and adopt for 
 their government, and to enable them to conduct and pursue their 
 business and purpose, all necessary by-laws and regulations not in- 
 consistent with the constitution and laws of the United States and 
 of this state ; and except where it is otherwise in this chapter pro- 
 vided, shall (so far as the same are applicable) be subject to and 
 governed by the provisions of chapters fifty-two, fifty-three and 
 fifty-four of this code ; Provided, That no corporation formed under 
 this chapter shall be authorized or alloW to hold and possess, at any 
 one time, more than five acres of land within, and not exceeding 
 fifty acres outside, of an incorporated village, town or city. [Code 
 1887, ch. 56, § 8.] 
 
150 
 
 MUTUAL FIRE INSURANCE COMPANIES. 
 
 Mode of IriGorpor'atiori. 
 
 Any twenty or more citizens of this state may associate theni- 
 selves together for the protection of themselves against loss to their 
 property by fire, by signing an agreement in writing to that effect, 
 and thereupon they shall become a corporation and take such name 
 as a majority of the members may determine, and have succession 
 by such name for such time as may be prescribed by its by-laws, 
 and if no time be fixed, perpetually; such agreement shall be ac- 
 knowledged and tiled as provided by the third section of this chap- 
 ter. Such corporation shall have a common seal, and may renew 
 or alter the same at pleasure. It may sue and be sued, plead and 
 be impleaded, contract and be contracted with by simple contract or 
 specialty, purchase, hold, use and grant estate, real and personal, 
 appoint officers and agenits, prescribe their powers, duties and lia- 
 bilities, take bond and security from any of them, and fix and pay 
 their compensation, and make ordinances, by-laws and regulations 
 for the government of its board of directors and other officers and 
 agents, and the management and regulation of its property and 
 business. [Code 1887, ch. 65, § 9.] 
 
 ■Po'SAPer to TaKe RisKs. 
 
 All mutual fire insurance companies, organized xmder this chap- 
 ter, shall have power to t^ke risks and make contracts of insurance 
 on such real and personal property as may be designated and pro- 
 vided for in their by-laws. [Code 1887, ch. 65, § 10] 
 
 Provisioris of Code fipplicable. 
 
 Sections two, three, seventeen, eighteen, nineteen, twenty one 
 and twenty-two of chapler fifty-two this code shall be applicable 
 to mutual fire insurance companies organized under this chapter. 
 [Code 1887, ch. 55, § 11.] 
 
 Wtieri to Conqrrierice Biisiriess. 
 
 Every such mutual fire insurance company shall commence its 
 proper corporate business within one year after its organization, by 
 issuing policies and making contracts of insurance; otherwise the 
 same will be considered dissolved without any legal proceedings to 
 that end. [Code 1887, ch. 55, § 12.] 
 
151 
 
 By-l^avJs. 
 
 All by-laws shall be adopted by the stockholders of the company 
 in a general meeting assembled, and shall be void if not consistent 
 with the laws of this state. [Code 1887, eh. 55, ^ 13.J 
 
 ZVLenlbers- 
 
 All persons insuring with and continuing to be insured in such 
 company, and none other, shall thereby become members thereof 
 daring the period they shall remain so insured and no longer, and 
 shall pay such rates as shall be determined by the board of directors, 
 and be liable for all losses and expenses of said company to the 
 amount of the premiums paid or agreed to be paid by said members 
 respectively, and no further. [Code 1887, ch. 55, ^ 14.] 
 
 Board of Director's. 
 
 At the first meeting of the members of such company held after 
 the association of twenty or more, as provided in the first section of 
 this chapter, there shall be elected a board of directors consisting of 
 five or more members : Provided^ however, That at least two weeks' 
 notice of the time and place, of holding such meeting' shall have 
 been given by advertisement in some newspaper having a general 
 circulation in the county where the meeting is to be held. [Code 
 1887, ^h. 55, § 15.] 
 
 flrinilal iVLeetirig; 
 
 The annual meeting of the members of such company shall be 
 held as prescribed for the annual meetings of the stockholders of 
 joint stock companies by the forty-first section of chapter fifty-three 
 of this code, at which meeting there shall be elected by the mem- 
 bers, or a majority thereof, the board of directors and other officers 
 for the ensuing year. [Code 1887, ch. 55, § 16.] 
 
 QuoruiTi, 
 
 At the first meeting held for the purpose of of organizing, a ma- 
 jority of the mempers shall constitute a quorum. The number 
 necessary to constitute a quorum at all subsequent meetings, shall 
 be determined by the by-laws, and if at any time a quorum is not 
 in attendance, those present may adjourn from time to time until a 
 quorum is obtained. [Code 1887, ch. 55, § 17.] 
 
 Nxliriber of Votes eact] Merriber is Erititled to. 
 
 At the first election of the board of directors each member shall 
 have one vote and no more ; and at all subsequent elections the 
 
152 
 
 number of votes to be cast by each member, and the mode and man- 
 ner of casting the same, may be prescribed by the by-laws ; but if 
 not so prescribed, then each member shall have one vote, to be 
 given either in person or by proxy. [Code 1887, ch. 55, § 18.] 
 
 Sectioris of Code Applicable, 
 
 The forty-fifth, forty-sixth, forty- seventh, forty-eighth, forty- 
 ninth, fiftieth, fifty-first, fifty-second, fifty-third, fifty-fourth, fifty- 
 fifth and sixty-first sections of chapter fifty-three of this code, shall 
 be applicable to companies organized under this chapter, and in the 
 application of said sections the word "members" shall be substitu- 
 ted for the word "stockholders." [Code 1887, ch. 55, ^ 19.] 
 
 QLlorurr\ of tl|e Board. 
 
 A majority of the board of directors shall constitute a quorum for 
 the transaction of business, and, when authorized by the by-laws, 
 may appoint such officers or agents as may be necessary for the 
 transaction of the business of the company, and remove the same at 
 any time; and may require bond of the same, payable to the com- 
 pany, in such penalty and with such conditions and security as 
 they may think proper, and, when so authorized, may accept or le- 
 ject applications for insurance, and may determine the rates of in- 
 surance, the sums to be insured, and also the terms and conditions 
 upon which insurance may be effected by the company ; and, when 
 so authorized, may generally do any and all acts authorized by this 
 chapter. [Code 1887, ch. 55, S 20.] 
 
 Bond. 
 
 Every person who shall become a member of such company, by 
 effecting insurance therein, shall, before receiving a policy, execute 
 his bond, in which shall be described briefly and concisely the prop- 
 erty insured, and shall also pay in cash such a per centum of said 
 bond as he or she may be required to pay, and the said bond shall 
 be paid at such times and in such instalments as the same may be 
 required for the payment of losses by fire, and said bond shall bear 
 interest, at a rate not exceeding three per cent, per annum, to be 
 fixed by the board ol directors, and at the expiration of the term of 
 insurance the said bond, or such part thereof as remains unpaid 
 after deducting its proportion of all losses and expenses incurred dur- 
 ing said term, shall be given up to the maker or makers thereof. 
 And the clerk of the county court shall keep in his office, in a well 
 bound book, a mutual fire insurance docket, in which he shall record 
 without delay any bond given as aforesaid, when he shall be re- 
 quired to do so, by any insurance company organized under the law, 
 when such bond has been signed by the obligor thereof and acknowl- 
 edged before the clerk, of the said county court, or other person au- 
 
153 
 
 thorized to take the acknowledgment of deeds. In such docket 
 there shall be stated in separate columns ; 
 1. Names of parties. 
 II. Amount of bond. 
 
 III. Property described in said bond as insured. 
 
 IV. Date of bond. 
 
 V. The date of docketing it. 
 Every bond shall, as soon as it is docketed, be indexed in the 
 name of each defendant therein. If the clerk of a county court fail 
 to do anything required of him by this section, he shall pay a fine 
 of not less than thirty nor more than one hundred dollars to any 
 person who will prosecute therefor, and for every bond recorded as 
 aforesaid under the provisions of this chapter, the clerk of the county 
 court shall be allowed fifty-cents, to be paid by the party having the 
 same recorded. Every bond given as aforesaid by any person or 
 persons, shall be a lien on the real estate therein described and in- 
 sured, frsm the time it was duly admitted to record, just as a mort- 
 gage would be, and said lien so created may always be enferced in a 
 court of equity. Any lien acquired under this section shall be re- 
 leased in the same manner and mode as prescribed in chapter sev- 
 enty-six of this code, in case of a deed of trust. [Code 18a7, ch. 55, 
 § 21.] 
 
 Itftieri Policy Yoid. 
 
 When property insured has been aliened by sale or otherwise, the 
 policy shall thereafter be void, and the same shall be delivered up 
 and annulled, and upon such delivery the insured shall be entitled 
 to receive his or her deposit note, on payment of his or her propor- 
 tion of losses and expensps incurred prior to such surrender; but 
 the allienee or grantee having the policy assigned to him may, upon 
 proper application, have the same ratified and confirmed to him for 
 his own proper use and benefit, and thereafter shall be entitled to all 
 the rights and privileges and be subject to all the liabilities to which 
 the original party to whom the policy was issued was entitled and 
 subject. [Code 1887, ch. 55, § 22.] 
 
 Liabilities of Meiribers. 
 
 Every member of such company shall be bound to pay for losses, 
 damages and such necessary expenses, as may be incurred by the 
 company in proportioi to his or her deposit or premium note. 
 [Code 1887, ch. 65, § 23.] 
 
 Suits BetiA^eexi Coixipariy arid MGiT\bers. 
 
 Suits at law or in equity may be maintained by such company 
 against any member thereof lor the collection of his or her premium 
 note or any assessment thereon, or for any other cause relating to 
 the business of the company, growing out of the obligation assumed 
 
154 
 
 by, or liability incurred by him or her, in becoming a member of 
 such company, and like suits may be maintained by any member 
 against such compmy for loss or damage sustained by him or her 
 by lire, if payment be withheld or refused, contrary to the by laws 
 of such company, and the terms and conditions of the policy, and 
 all members and officers of the company shall be competent wit 
 nesses either for or against the company. [Code 1887, ch. SA, § 24.] 
 
 Experises and Losses. 
 
 The expenses of the company, as well as the losses, shall be paid 
 out of any moneys, securities or funds in the treasury, or by assess- 
 ment on the insurances or premium notes, each member to pay in 
 proportion to the amount of his premium note. [Code 1SS7, ch. 
 55, S 25.] 
 
 flrmual Staterr\erit, 
 
 An annual statement of the affairs of the company shall be pub- 
 lished in one or more newspapers published near the principal office 
 of the company, which report shall show, the amount of property in- 
 sured, and all the other liabilities and expenses of the company; and 
 also the amount of premium notes and the amount of cash on hand, 
 and all other statistics necessary to give the members, and the pub- 
 lic generally, full information ot the condition of the company. 
 [Code 1887, ch. 55, S 26.] 
 
 Po-Wef of Legislature to Hrqerid, Etc 
 
 The legislature shall have the power to alter or amend this «bap- 
 ter. But in no case shall such alteration or amendment affect the 
 right ot the creditors of the insurance company, organized under this 
 chapter, to have its assets applied to the discharge of its liabilities, 
 nor affect any contract or proceeding at law or in equity, either for 
 or against the company. [Code 1887, ch. 55, S 27.] 
 
155 
 
 SPECIAL ACTS RELATING TO CORPORA- 
 TIONS, 
 
 WHGES OF OPERATIVES AND LABORERS. 
 
 [Acts 1887, oh. 63; Code 1887, pp. 983-4 ] 
 
 1. That all persons, firms, corporations, or associations in this state, 
 engaged in mining coal, ore or other minerals, or mining and manu- 
 facturing them, or either of them, or manufacturing iron or steel, 
 or both, or any other kind of manufacturing, shall pay their em- 
 ployes as provided in this act. 
 
 2 All persons, firms, companies, corporations or associations en- 
 gaged in the business aforesaid, shall settle with their employes at 
 least once in every two weeks, unless otherwise provided by special 
 agreement, and pay them the amount due them for their work or ser- 
 vices in lawful money of the United States, or by cash order as de- 
 scribed and required in the next succeeding section of this act. Pro- 
 vided, That nothing herein contained shall affect the right of an em- 
 ploye to assign the whole or any part of his claim against his em- 
 ployer. 
 
 3. That it shall not be lawful for any person, firm, company, cor- 
 poration, or association engaged in the business aforesaid, their 
 clerk, agent, officer or servant, in this state, to issue for the pay- 
 ment of labor any order or other paper whatsoever, unless the same 
 purports to be redeemable for its face value in lawful money of 
 the United States, bearing interest at the legal rate, made payable 
 to employe or bearer and redeemable within a period of thirty days 
 by the person, firm, company, corporation, or association, giving, 
 miking or issuing the same. And any person, firm, company, cor- 
 poration or association, engaged in the business aforesaid, their 
 clerk, agent, officer, or servant, who shall issue for payment of 
 labor any paper or order other than the one herein specified, in vio- 
 lation hereof, shall be guilty of a misdemeanor and upon convic- 
 tion thereof, shall be fined in any sum not less than twenty-five dol- 
 lars nor exceeding one hundred dollars, in the discretion of the 
 court. 
 
 4. That from and after the passage of this act, it shall be unlaw- 
 ful for any person, firm, company, corporation, or association, en 
 
156 
 
 gaged in mining or manufacturing, either or both as aforsaid, and 
 who shall likewise be interested directly or indirectly in merchan- 
 dising as owner or otherwise in any money, per cent., profit, or com- 
 mission arising from the sale of any such merchandise, their clerks, 
 servants, officers or agents, to knowingly and wilfully sell or cause 
 to be sold to any employe, any goods, merchandise or supplies what- 
 soever, for a greater per cent, of profit than merchandise and sup- 
 plies of like character, kind, quality and quantity are so sold to 
 other customers buying for cash, and not employed by them ; and 
 shall any person or me.mber of any firm, company, corporation, or 
 association, his or their clerk, agent or servant, violate this section, 
 then and in that case, such person, firm, company, corporation or 
 association, shall collect for such merchandise and supplies only 
 the price for which like merchandise and supplies are sold by them 
 to such other customers as aforesaid buying for cash ; and moreover 
 shall be guilty of a misdemeanor, and on conviction thereof, shall 
 be fined not exceeding one hundred dollars nor less than twenty- 
 five dollars. 
 
 5 That if any firm, company, corporation, or association, shall 
 refuse for the space of twenty days to settle and pay any of their 
 saidemploye^ at the intervals of time as provided in section two 
 of this act, or shall neglect or refuse to redeem any cash orders here- 
 in provided for, within the time specified, if presented, and suit 
 should be brought for the amount overdue and unpaid, judgment 
 for the amount of said claim proven to be due and unpaid, with 
 legal interest thereon until paid, shall be rendered in favor of the 
 plaintiff in such action. Provided^ further^ That the cash order 
 herein provided for, given tor payment of labor, if the laborer con- 
 tinues to hold the same, in case of the insolvency of the company, 
 or person, or firm or corporation givinj- same, such laborer shall not 
 lose his lien and preference under existing laws. 
 
 REGULHTING PAYMENT OF LABORER'S WAGES AND 
 
 PROHIBITING . EXCESSIVE CHARGES FOR 
 
 GOODS AND SUPPLIES. 
 
 (Acts IMl, oh 76.) 
 
 Enqployers Carrot Issue Script not Redeerqable \x\ ffioriey 
 —Penalty, Etc, 
 
 1. It shall be unlawful for any corporation, company, firm or 
 person, engaged in any trade or business, either directjy or indi- 
 rectly, to issue, sell, give or deliver, to any person employed by 
 
157 
 
 such corporation, company, firm or person, in payment of wages 
 due such laborer, or as advances for labor not due, any scrip, token, 
 draft, check, or other evidence of indebtedness, payable or redeem- 
 able otherwise than in lawful money ; and if any such scrip, token, 
 draft, check or other evidence of indebtedness, be so issued, sold, 
 given or delivered to such laborer, it shall be construed, taken and 
 held in all courts and places, to be a promise to pay the sum speci- 
 fied tnerein in lawful money by the corporation, company, firm or 
 person, issuing, selling, giving or delivering the same to the person 
 named therein, or to the holder thereof. And the corporation, com- 
 pany, firm or person so issuing, selling, giving or delivering the 
 same, shall, moreover, be guilty of a misdemeanor, and, upon con- 
 viction thereof, shall be fined not less than twenty-five dollars, nor 
 more than one hundred dollars, and, at the discretion of the court, 
 the oflBcer or agent of the corporation, company, or firm, or the per- 
 son issuing, selling, giving or delivering the same, may be impris- 
 oned, not less than ten nor more than thirty days. 
 
 Excessive Ctiarges for Goods Prol^ibited. 
 
 2. If any corporation, company, firm or person, shall coerce or 
 compel, or attempt to coerce or compel an employe in its, their or 
 his employment,, to purchase goods or supplies in payment of wages 
 due him, or to become due him, or otherwise, from any corporation, 
 company, firm or person, such first named corporation, company, 
 firm or person, shall be guilty of a misdemeanor, and upon convic- 
 tion thereof shall be punished as provided in the preceding section. 
 And if any such corporation, company, firm or person, shall di- 
 rectly or indirectly, sell to any such employe in payment of wages 
 due or to become due him, or otherwise, goods or supplies at prices 
 higher than the reasonable or current market value thereof at cash 
 such .corporation, company, firm or person, shall be liable to such 
 employe, in a civil action, in double the amount of the charges 
 made and paid for such goods or supplies, in excess of the reasona- 
 ble or correct value in cash thereof. 
 
 3. It shall be the duty of every court having jurisdiction in crim- 
 inal cases in which grand juries areempanneled, to give this act in 
 charge to the grand jury. 
 
 CEMETERY HSSOCmXIONS AUTHORIZED TO SEEE 
 
 THEIR LANDS. 
 
 Any cemetery association heretofore or hereafter incorporated, 
 whenever they deem it advisable, may sell and convey any part of 
 their land without restriction as to its use: Provided^ That the part 
 or parts so sold shall not render any lot previously sold for burial 
 
l.").S 
 
 purposes inaccessible for such purposes, or detach it from the main 
 body of the cemetery ; and provided, further^ That no such sale 
 shall he made by the trustees or other agents or oflBcers of the asso- 
 ciation, unless authorized by a majority of the lot owners present 
 and voting at a general or special meeting, of which meeting and 
 its objects previous notice shall be given, by advertising the same 
 once a week, for two weeks at least, in some newspaper of general 
 circulation in the county where the cemetery is situated. Provided^ 
 That no desecration shall be made of any grave or monument, or 
 any of the walks, drives, trees or shrubbery within the inclosure of 
 such cemetery; nor shall any shaft or entry be made within the in- 
 closure of such cemetery, or any building erected therein for any 
 purpose whatever except for cemetery purposes. [Code 1887, p 
 1021, acts 1872-3, ch. 44.] 
 
 OIL OR MINERAL LEASES, LIMITATIONS OF AC- 
 TIONS ON. 
 
 That any person or persons in peaceable possession of land 
 claiming title under a lease of the same for the purpose of operit- 
 ing for oil or minerals, and who may have continuously remained in 
 such possession for the space of three years, and have bored for, and 
 in good faith expended money in such boring and operating, shall 
 be entitled to plead said facts in bar, nnd said facts shall be a bar to 
 any action at law, or in equity, instituted to establish title to re- 
 cover possession of said lease, or to recover the profits received 
 therefrom; Provided, That nothing in this act contained shall be so 
 construed as to authorize a tenant to set up as a bar to a recovery 
 an adversary possession against his landlord, and that this act shall 
 not affect any suit broughtwithin twelve months after the passage of 
 this act. [Code 1887, p. 1021; acts 1872-3, ch. 6L] 
 
 REQUIREMENTS CONCERNING ABANDONED GAS AND 
 OIL WELLS, ETC. 
 
 [Acts 1891, chiipter 106.] 
 
 Witlriiri Wljat Tinr|e Gas Wells Must be StiUt tri. 
 
 1. Any person or corporation, and each and every one of them in 
 possession, whether as owner, lessee or manager, of any well in 
 
159 
 
 which natural gas has been found, shall, unless said gas is sooner 
 utilized, within a reasonable time, not, however, exceeding three 
 months from the completion of said well, in order to prevent the 
 said gas wasting by escape, shut in and confine the same in said 
 well, until such time as it shall be utilized ; Provided, however. That 
 this section shall not apply to any well while it is being operated as 
 an oil well. 
 
 Ho^ Abaridoried Wells to be Filled or Plugged. 
 
 2. That whenever any well shall have been put down foi the pur- 
 pose of drilling or exploring for gas or oil, upon abandoning or 
 ceasing to operate the same, the person or corporation in posses- 
 sion as aforesaid shall, for the purpose ot excluding all fresh water 
 from the gas or oil bearing rock, and before drawing the casing, 
 fill up the well with sand or rock sediment to the depth of at least 
 twenty feet above the gas bearing rock, and drive a round, seasoned, 
 wooden plug at least three feet in length, equal in diameter to the 
 diameter of the well below the casing, to a point at least five feet 
 below the bottom of the casing, and immediately after draw- 
 ing the casing, except in regions where the well caves after the 
 withdrawal of the casing, shall drive a round, seasoned, wooden 
 plug, at a point just below where the lower end of the casing rested, 
 which plug shall be at least three feet in length, tapering in form, 
 and of the same diameter, at the distance of eighteen inches from 
 the smaller end, as the diameter of the hole below the point at 
 which it is to be driven. After the plug has been properly driven, 
 there shall be filled on top of the same, sand or rock sediment to 
 the depth of at least five feet. 
 
 Perialties. 
 
 3. Any person or corporation who shall violate any of the pro- 
 visions of the first or second sections of this act shall be guilty of a 
 misdemeanor, and on conviction thereof shall be fined two hundred 
 dollars for each and every violation thereof, and to the further pen- 
 alty of two hundred dollars for each thirty days, during which said, 
 violation shall continue. 
 
 Wtio May Plug Wells Wl|ere Ov^rier Fails, Etc. 
 
 4. Whenever any person or corporation in possession of any well 
 in which gas has been found, shall fail to comply with the provis- 
 ions of the first section of this act, any person or corporation law- 
 fully in possession of lands situate adjacent to or in the neighbor- 
 hood of said well, may enter upon the lands upon which said well 
 is situated, and take possession of said well, from which gas is al- 
 lowed to escape or waste in violation of said first section, and tube 
 and pack said well and shut in said gas, and may maintain a civil 
 action in any court of this state^ against the owner, lessee, agent or 
 
160 
 
 manager of said well, and each and every one of them, jointly and 
 severally, to recover the cost thereof. 
 
 This shall be in addition to the penalties provided by the third 
 section of this act. 
 
 5. Whenever any person or corporation shall abandon any gas or 
 oil -well, and shall lail to comply with the second section of this act, 
 any person or corporation lawfully in possession of lands adjacent 
 to, or in the neighborhood of, said well, may enter upon the land 
 upon which said well is situated, and take possession of said well, 
 and plug the same in the manner provided by the second section of 
 this act, and may maintain a civil action in any court in this state 
 against the owner or person abandoning said well, and every one of 
 them, jointly and severally, to recover the cost thereof. 
 
 This shall be in addition to the penalties provided by the third 
 section of this act. 
 
 WEIGHING AND MEflBURING COAL HT MINES, 
 
 [Acts. 1891, Ch. 82.] 
 
 Coal Corripariies to Provide Facilities for Weigtiirig, 
 
 1. It shall be the duty of every corporation, company or person 
 engaged in the business of mining and selling coal by weight or 
 measure, to procure and constantly [keep on hand at the proper 
 place, the necessary scales and measures and whatever else may be 
 necessary, to coirectly weigh and measure the coal as mined by 
 such corporatioi), company or person. And it shall be the duty of 
 the sealer of weights and measures for every county in which coal 
 is so mined and sold, to visit each coal mine operated therein, and 
 where such scales and measures are kept, at least once in each year, 
 and test the correctness of such scales and measures. The owner 
 or operator of such coal mine, or any two 'or more of the miners 
 working therein, may in writing require his attendance at the place 
 where such scales and measures are kept, at other times, in 
 order to test the correctness thereof, and it shall be his duty 
 to comply with such requests as soon as he can, after receiving such 
 request. If his attendance is required by the owner or operator of 
 such mine, or if by the miners working therein, and the scales or' 
 measures tested be found not to be correct, his fees shall be paid 
 by the owner or operators, and if his attendance be required by the 
 miners and the scales or measures tested be found to be correct, his 
 
161 
 
 lees shall be paid by them. If in any such county there be no sealer 
 of weijihts and measures, the duties herein required to be done and 
 performed by such sealer, shall be done and performed by the in- 
 spector of mines for the district of which such county forms a part. 
 
 Cars to be JTarriber'ed arid Capacity iVLarKed, 
 
 2. Each car us-ed by any such corporation, company or person 
 in removing coal from any coal mine, shall be numbered by con- 
 secutive numbers plainly marked, and placed and kept thereon as 
 long as such car is so used. And if the coal from such mine is 
 mined, and the miners are paid according to the weight thereof for 
 mining the same, every such car so used shall be weighed upon 
 such tested scales, and the weight thereof shall be plainly marked 
 and placed thereon as long as such car shall be used as aforesaid If 
 the coal at any such mine is mined, and the miners thereof are paid 
 for mining the same by measure, the number ot bushels of coal 
 such car will hold when loaded to its capacity, shall also be plainly 
 marked, and placed and kept thereon as long as such car is so used 
 as aforesaid. And no car shall be used for the purpose aforesaid, 
 after ninety days from the time this act takes effect, until the pro- 
 visions of this section are complied with. 
 
 Coal to be ]tleiqi[ed arid Measured Before Screeried, Row 
 
 Paid For. 
 
 3. All coal so mined and paid for by weight, shall be weighed 
 in- the car in which it is removed from the mine before it is screened, 
 and shall be paid for according, to the weight so ascertained, at 
 such price per ton as may be agreed on by such owner or operator 
 and the miners who mined the same. And coal mined and paid 
 for by measure shall be paid for according to the number of bufhels 
 marked upon each car in which it is removed from the mine, 
 and before it is screened, and the price paid for each bushel so as- 
 certained shall be such as may be agreed on as aforesaid. 
 
 Weigl:\n\er\; Ho-W En\ployed, Duties, Etc. 
 
 4. Every such corporation, company or person shall employ a 
 weighman, and the miners working in such coal mine may employ 
 another such weighman, and the two so employed shall supervise 
 the weighing of each car while empty, andthe weighing of the same 
 when loaded with coal so paid for by weight, and the measuring of 
 the number of bushels therein, when necessary, so paid for by mea- 
 sure. But if the miners fail to employ such weighman, then the 
 person so employed by such corporation, company or person sball 
 perform that duty. Each of the persons so employed before entering 
 upon the discharge of the duties of his employment shall take anti 
 subscribe an oath or affirmation that he will honestly and imparti- 
 ally do and perform the duties of his employment, and do equal 
 
162 
 
 and exact justice between employers and employes interested in the 
 matter of his employment, to the best of his judgment, skill and 
 ability. 
 
 Sealed Weigl:\ts arid Measures— By Wtionq to be FiirriislT^ed 
 
 arid Kept. 
 
 5. In any county in which' the mine inspector is required to act 
 as herein mentioned, the county court of such county shall furnish 
 him with whatever is necessary to enable him to discharge his du- 
 ties, if such court has procured the weights and measures and bal- 
 ances provided for by chapter fifty-nine of the Code of West Vir- 
 ginia ; and if not, the state sealer of weights and measures shall fur- 
 nish him with whatever may be necessary to enable him to dis- 
 charge the duties hereby required of him, and the things so fur- 
 nished him, in either case, shall be returned by him to the person 
 from whom he received them as soon as possible after he has per- 
 formed the duties for which he received them. But it shall be the 
 duty of every corporation, company or person so engaged in the 
 business of mining coal, to procure and constantly keep on hand a 
 sealed weight of at least fifty pounds, and a sealed measure of at 
 least one bushel, to be used for the purpose of this act. 
 
 Yiolatioris— Ho-W Ptiriislried. 
 
 6. Any corporation, company or person, violating any of the pro- 
 visions of this act, shall be guilty of a misdemeanor, and upon con. 
 viction thereof, shall for each offence, be fiaed not less than twenty- 
 five dollars and not more than five hundred dollars. And the offi- 
 cer, agent or employes of the corporation or company whose duty 
 it was to do or perform the act, or to cause it to be done and per- 
 formed, which is the subject of the indictment, may be indicted 
 jointly, with said corporation or company, and upon conviction 
 thereof, in the discretion of the court, he may be imprisoned in the 
 county jail not less than ten nor more than sixty days. 
 
 To Wl[\on\ Ret Not to Apply. 
 
 7. This act shall not apply to any corporation, company or per- 
 son owning or operating a coal mine in which less than ten miners 
 are employed. 
 
 C]:\arges to Grarid dTuries. 
 
 8. It shall be the duty of every court in each county, in which 
 any such coal mine is operated, and ia which a grand jury is im- 
 paneled, to give this act in charge to the grand jury. 
 
163 
 
 RHILROHDS BUILT WHOLLY BY COUNTY SUBSCRIP- 
 TION NOT TO BE SOLD WITHOUT CON- 
 SENT OF COUNTY COURT, 
 
 (AotB 1890, oh. 6.) 
 
 1. That where the line of any railroad company, before or here- 
 after chartered by this state, has been constructed through any 
 county or counties in this state, wholly by the subscription of such 
 county or counties to its capital stock, such railroad company shall 
 not sell or convey its franchise to any foreign corporation, or to any 
 other railroad company, without the consent of the county court of 
 the oounty or counties through which the line of said railroad has 
 been so constructed. 
 
 2. Such consent may be given upon such terms of compensation, 
 or otherwise, as said county court or courts may contract or agree 
 upon, with the vendor or vendee, or both. Should such sale or 
 conveyance be by a commissioner or other officer of the circuit 
 court of such county or counties, any such contract or agreement 
 shall be subject to confirmation by such circuit court. 
 
 3. The provisions of the above sections shall apply to any tribu- 
 nal established in lieu of a county court, under the constitution. 
 
 4. Nothing herein contained shall be construed to enlarge the 
 powers of such railroad companies to convey or encumber their 
 franchise ; nor to interfere with any vested rights further or other- 
 wise than may be lawfully done by the legislature. 
 
 ' PROOF OF EXISTENCE OF CORPORATIONS. 
 
 Wlieri r^ot Necessary. 
 
 Where plaintiffs or defendants sue or are sued as partners, and 
 their names are set forth in the declaration or bill, or where a plain- 
 tiff or defendent sues or ' is sued as a corporation, it shall not be 
 necessary to prove the fact of such partnership, or of the exercise 
 of such corporation, unless the pleading which puts the matter in 
 issue be verified or there be an affidavitfiled therewith denying such 
 
164 
 
 partnership, or the existence of such corporation. A plea putting 
 in issue the existence of a corporation, shall be sufficient if it be in 
 form or effect as follows : "And the said defendant for plea says that 
 the plaintitf (.or defendant as the case may be) is not a corporation, 
 as in the plaintifi's declaration is alleged." [Code 1887, ch. 125, § 
 41.] 
 
 Not to be Eoiployed to Perforiri Police Duty, 
 
 1. It shall be unlawful for any oificer in this state, to knowingly 
 engage or employ any person not a bona fide resident of West Vir- 
 ginia at the time" of such employment, to do or perform police duly 
 of any sort therein, or in any way to aid or assist in the execution 
 of the laws of this state. 
 
 2 It shall be unlawful for any corporation, company, firm or per- 
 son, under any circumstances, to knowingly engage or employ any 
 person not a bona fide resident of this state, at the time of such em- 
 ployment to do or perform police duty of any sort therein, or in 
 any way to aid or assist in the execution of the laws of this state. 
 
 3. It shall be unlawful for any person not a bona yfd^ resident of 
 this state, as aforesaid, to do or perform, or to attempt to do or per- 
 form, any sort of police duty in this state, or, in any way, to aid or 
 assist, or attempt to aid or assist, in the execution of the laws there- 
 of. Any officer, corporation, company, firm or person, violating any 
 of the provisions of this, or either of the two preceding sections, 
 shall be guilty of a misdemeanor, and upon conviction thereof, be 
 fined not less than five hundred nor more than five thousand dol- 
 lars, and may at the discretion of the court be imprisoned in the 
 county jail of the county in which the offense is committed not 
 exceeding twelve months. 
 
 4. All persons violating any of the provisions of sections two 
 and three of this act shall be taken and deemed to be rioters, and 
 shall be prof^eeded against in all respects as such, as provided in 
 chapter one hundred and forty-eight of the code of West Virginia. 
 Ami all the provisions of sections one, two, three, four, five and six, 
 of said chapter, shall be applicable to said proceedings. If any per- 
 son be killed by one or more rioters engaged with him at the time 
 of such riot, such rioter or rioters shall be guilty of murder and pun- 
 ii^hed as provided by law in other cases of murder: Provided^ that 
 nothing in this act contained shall be so construed as to interfere 
 with the right and duty ot the governor to call upon the president 
 of thf United States for aid in the enforcement of the laws, in cases 
 provided for in the constitution. [Acts 1893, ch. 42.] 
 
 3. Where any ban of goods or chattels is pretended to have been 
 made to any perton with whom, or those claiming under him. pos- 
 session shall have remained five years without demand made and 
 pursued by due process of law on the part of the pretended lender, 
 or where any reservation or limitation is pretended to have been made 
 of a use or property, by way of condition, reversion, remainder, or 
 
165 
 
 otherwise, in goods or chattels, the possession whereof shall have so 
 remained in another as aforesaid, the absolute property shall be 
 taken to be with the possession, and such loan, reservation of limita- 
 tion, void as to creditors of, and purchasers from, the person so re- 
 maining in possession, unless such loan, reservation, or limitation, 
 be declared by will, deed, or other writing, duly recorded. And if 
 any sale be made of goods and chattels reserving the title until the 
 game is paid for, or otherwise, and possession be delivered to the 
 buyer, such reservation shall be void as to creditors of, and pur- 
 chasers without notice from, such buyer, unless a notice of such 
 reservation be recorded in the office of the clerk of the county court 
 of the county where the property is, or in case said goods and chat- 
 tels consist of Engines, cars or other rolling stock or equipment to be 
 used in or about the operation of any railroad, unless such notice be 
 recorded in the office of the secretary of state, who in such case shall 
 record the same in a book to be kept for the purpose, and be entitled 
 to a fee of five dollars for so doing. [Sec. 3, ch. 74, Code 1891.] 
 
IiT3DE2£. 
 
 ABSTRACT. 
 
 ol certificates of incorporation lo be publi>hed in acts 31 
 
 what such abstract to contain 31 
 
 ACKNOWLEDGMENT, 
 
 for agreement for formation of joint stocic company 27 
 
 for agreement for formation of railroad company 38, 39 
 
 for agreement for formation of boom company 95 
 
 for power of attorney or other writing executed by a corpuration 147 
 
 alteration of one work for another 6 
 
 agreement for incorporation, form of 27 
 
 agreement, new 28 
 
 ASSESSMENT OF CORPORATIONS FOR TAXES, 
 
 assessor's duty as to taxation of corporations 34 
 
 value of capita], how ascertained, for taxation 34 
 
 navigation companies, where taxed... 34 
 
 duty of agent appointed to accept process, etc 32 
 
 real and personal property of Incorporated uompauies; how ascertained and 
 
 assessed 34 
 
 where branches of such corapauies assessed 34 
 
 where cMpiial of such companies is assessed, the personal property thereof 
 
 shall not be otherwise assessed 34 
 
 shares uf ytockhnlders or partnt'rs not to be assessed t'> them 34 
 
 railroad companies; property of, how and by whom li&»ec lor laxation 73,74 
 
 penalty for failure 75 
 
 such property, how taxed 75 
 
 return, when and with whom filed and what to contain 73, 74 
 
 right of way may be assessed beforn construction of road 80 
 
 if list satisfactory, auditor to assess property of company 75 
 
 ii not, what th^n 75, 76 
 
 railroad may » ppeal to circuit court 76 
 
 asgpssmi'nt of property to be cei'tiHe-d to county court, by whom 76 
 
 duty of such couri 'i'6 
 
 clerk to certify to auditor amount of county levy, etc 76 
 
 same duty required of secretary of board of edui;ation 76, 77 
 
 same dwty required of recorders of cities, towns, etc 77 
 
 penalty on such officrs fur lailure 77 
 
 auditor to assess, eic 77 
 
 for what purposes to be as>es-'sd , 77 
 
 restrainina thn collection or taxes prohibited, except, etc 77,78 
 
 statement to be transmitted to company; when and by whom 78 
 
 when company lo pay taxes 78 
 
 deduciiori made, tf tnxe^ paid in time 78 
 
 if taxes not paid in time, what to be added 78 
 
 auditor to certify taxes to be collected to shv riflf 78 
 
11 
 
 Index. 
 
 ASSESSMENT OP '■QEPORATIOSS POE TAXES— Continued. 
 
 sheriff's (I ut> thereon 
 
 surh taxes, how colii-ctec and accounied for 
 
 dlsirict school taxes, etc., so collectpd, to whom p:tid 
 
 nil (jumpromlse or reIea-(% etc.. or taxes allowed 
 
 whiMi ('Otniiany pays taxes iiito trea>ury, auduor to settle with sheriff for 
 
 county levie-* 
 
 shcrilf to iicoouiit for such levies to couniy court 
 
 amounts so paid int-i treasury for ^cllonl purposes, how disposed of and paid.. .. 
 
 auditur to certify to countv court amount chargeable to sheriff; when 
 
 what Lo certify to county Bupeiiiiti'iident, of schnols 
 
 failure of certain otiicers to perform their duties not to invalidate or prevent 
 
 assessment 
 
 county courts, etc., prohibited from compromising taxes with railroad com- 
 
 patiies 
 
 asses>ment of domestic insurance companies 
 
 of telegraph companies 
 
 of express corn panics 
 
 return to be made by foreign insurance company 
 
 ret urn to be made by foreign telegraph compauy 
 
 return to be made by foreign express company 
 
 when such returns shall be made 
 
 duties of auditor 
 
 tax, amount of and when paid 
 
 penalty 
 
 78 
 78 
 78 
 78 
 
 79 
 79 
 79 
 79 
 79 
 
 79 
 
 78 
 
 88,89 
 88 
 
 89 
 89,90 
 
 ATTACHMENT, 
 
 service of, on corporations 
 
 when property of corporation liable to attachment, and for what. . 
 
 34,97 
 
 AUDITOR, STATE, 
 
 annual report to be made to, by railroad corporations 
 
 duty. of. as to taxation of property of railroads 
 
 duty of, as to insurance companies 
 
 his fees 
 
 duty of, as to license tax on certificates of incorporation or charters, 
 mutual insurance companies; what to be filed by such companies. . . . 
 
 auditor's duty as to such companies 
 
 his fees , 
 
 50,51 
 
 75 to 76 
 
 84 to 91 
 
 87,88 
 
 145 
 
 138, 139 
 
 139, 140 
 
 140 
 
 BANKS, 
 
 how incorporated. 
 
 to what law subject 
 
 capital stock of 
 
 authorized to change capital stock of; how and when . 
 
 personal liability of stockholders 
 
 directors 
 
 no meeting to be held out of state 
 
 powers of banks 
 
 S6 
 
 82 
 
 83,83 
 
 84 
 84 
 
 84 
 
 BANKS, SAVINGS, 
 
 provisions relating to 
 
 (Sue title, "Savings Banks."; (130) 
 
 130 to 138 
 
 BENEVOLENT ASSOCIATIONS, 
 
 for what purpose incorporated, and how 
 
 form of agreement for other ttian joint stock companies., 
 
 acknowledgment of .same 
 
 where filed and recorded 
 
 its effect 
 
 name of corporation 
 
 fees of clerk for issuing, etc., cirtilioate 
 
 by-laws and regulations of corporation 
 
 20, U8 
 148 
 148 
 148 
 149 
 149 
 149 
 1«» 
 
Indbx. 
 
 Ul 
 
 BOOMS AND DAMS, 
 
 number of persona required to form corporation 
 
 in what counties companies may be formed for tlie construction of 
 
 not to be constructed in certain streams 
 
 how organization effected ; articles of incorporation, what to contain 
 
 certificate of secretary of state 
 
 powers of such corporations 
 
 by-laws, where to be recorded 
 
 first meeting; of corporators 
 
 office or place of business to be kept in this state 
 
 power of attorney, appointment of person to accept service of process etc.... 
 
 where such power of attorney to be recorded 
 
 penalty for failure to appoint such attorney 
 
 board of directors, number of and when elected 
 
 corporate powers vested in board of directors 
 
 annual meeting of stockholders, when had 
 
 ' special meeting of stockholders 
 
 how called 
 
 two-thirds in value of stock must be present to transact business at such 
 
 meeting 
 
 failure to elect directors 
 
 president and other officers, how elected 
 
 annual statement by president and board of directors 
 
 removal of directors, manner of 
 
 payment of stock by subscribers 
 
 stock deemed personal property 
 
 increase of capital stock 
 
 additional stock to be sold at not less than par value of original stock 
 
 what notice to be given of intention to increase capital stock 
 
 liability of guardians holding stock 
 
 liapility to stockholder 
 
 how corporations may acquire title to real estate for purpose of corporat'on 
 when unable to agree with owner 
 
 taking of materials necessary for construction of booms 
 
 additional powers of corporations formed under this chapter 
 
 may enter on lands and waters of any person or corporation 
 
 owner of residue of tract to have right of way over land taken, etc 
 
 may hold and convey real estate necessary 
 
 after erection of boom to have privileges for two miles above 
 
 may condemn lands for tramways 
 
 rates for boomage; how fixed 
 
 boomcompauy to have lien for tolls 
 
 timber not called for within ninety days : how disposed of 
 
 to pass all timber belonging lo perons below free of charge an 1 without delay.. 
 
 damage for wilfully injuring booms 
 
 measurement of timber; how determined 
 
 logs, limber, etc., of corporation lodged on land of another; when to be 
 removed .- 
 
 obstructing streams 
 
 liability of corporation for logs 
 
 mean'ng of words "logs or timber" 
 
 righis of property holders on said rivers 
 
 what provisions of code corporations under this chapter subject to 
 
 legislature reserves the right to repeal or amend this act 
 
 beom companies heretofore organized may reorganize 
 
 public roads and fords not to be obstructed 
 
 memorandum of logs to be filed with county clerk, when 
 
 county court may submit provisions of this chapter to vote 
 
 obstruction to streams '. •,•■• 
 
 rule for measurement of logs, etc 
 
 95 
 95 
 95 
 95, 96 
 96 
 
 96, 97 
 67 
 97 
 97 
 97 
 97 
 97 
 97 
 98 
 
 98 
 9i 
 98 
 99 
 
 100 
 100 
 100 
 100 
 100 
 101 
 
 101, 
 
 , 102 
 
 100 
 
 102 
 
 103 
 
 102 
 
 102, 103 
 
 103 
 
 108, 103 
 
 10% 104 
 
 101 
 
 104, 105 
 105 
 105 
 
 105, 106 
 
 108 
 lOB 
 106. 
 
 106, 107 
 107 
 107 
 107 
 107 
 108 
 108 
 108 
 108 
 lOg 
 
iv Index. 
 
 BONDS, 
 
 one railroad company may guarantee the, of another; when and how 58 
 
 railroad corporations may sell, issue and transfer its bonds, lor what 48, 49 
 
 corporations may issue registered or coupon bonds 73 
 
 what security holders entitled to 73 
 
 of persons effecting insurance in mutual Are insuranee companies 152 
 
 bonds of Joint stock company cannot be purchased by other corporations 3 
 
 exception as to manufacturing company 4 
 
 title and trust company may buy, sell and guarantee bonds, etc 91 
 
 BRIDGES, 
 
 provision relating to the construction of, over the Ohio, G'eat Kanawha and 
 
 Big Sandy Eivers 58,59 
 
 how construction of, may be prevented if contrary to law 60 
 
 BUILDING AND LOAN ASSOCIATIONS, 
 
 incorporation of ?6, 35 
 
 for what purposes formed 35 
 
 rights, privileges and powers of 35 
 
 loans and premiums 35, 36 
 
 dves, interest and fines 36 
 
 payment of loans 36 
 
 CARS, 
 
 mortgages on, to be recorded in secretary States office 165 
 
 withdrawal and default of stockholders 36 
 
 by-Jaws and articles of government 37 
 
 capital stock, how divided II 
 
 CEMETERY ASSOCIATIONS, 
 
 change of name 7,13 
 
 authorized to sell and convey their land ; when and how 157, 158 
 
 CIRCUIT COURT, 
 
 proceedings in, by corporations to take land, and materials from same, with- 
 out owner's consent 5, 7, 45, 55, 112 to 121 
 
 taxation of railroad property; duty of court in cases of appeal 76,77 
 
 no injunction allowed by, except, etc 77, 78 
 
 petition to, in cases of lateral railroads and proceedings thereon 141, 142, 143, 144 
 
 CITIES, 
 
 connection of railroads in 7 
 
 CLERK OF COUNTY COURT, 
 
 certificate oft incorporation to be recorded in office of 32 
 
 powf rs of attorney, to be recorded in ofRce of , 33, 41 
 
 charter of foreign corporations to be filed in office of 37 
 
 what to certify to auditor 76, 77 
 
 penalty for failure to perform certain duties ^ 77 
 
 what duties reciuired of, as to certificates of incorporation for associations 
 
 other than joint stock companies 148, 149 
 
 duty of, as to bonds of persons effecting insurance in mutual fire com- 
 panies ^ 152 
 
 articles of incorporation of boom companies recorded in office of 95 
 
 also, the by-laws 96 
 
 power of attorney filed and recorded in office of 97 
 
 memorandum of Jogs; to be filed with, when 108 
 
 writing adopting trade marks by timber dealers to be recorded in office of. 109 
 
CONDEMNATION OF LANDS, 
 
 for use of internal improvempnt company; proceedings for 5 
 
 of materials for use of company; proceedings for 7 
 
 when real estate may be condemned and for whac 45 
 
 for booms and dams; proceedings for 101 
 
 private property not to be takpn for ptiblie use without just compensation.. 112 
 
 for wbat purpose real estate may be taken 112, 113 
 
 to what court application made H3 
 
 in cases where lands lie in different counties 113 
 
 parties against whom prooeedings may be instituted 113, lU 
 
 what application must state U4 
 
 notice of application 114 
 
 parties under disability tl4r, 115 
 
 further notice 115 
 
 acceptance of sum offered 115 
 
 proceedings on such ncceptance 115 
 
 effect of order of court as to conveyance 1 15 
 
 how acknowledged and recorded ., . . 115 
 
 appointment of commissioners 115, llfl 
 
 duties and powers of such commissioners ' 1 16 
 
 oath of commissioners 116 
 
 report of such commissioners; proceedings thereon; how disposed of oaths of 
 
 commissioners 116, 117 
 
 confirmation of report; when 117, 118 
 
 payment of compensation ] 18 
 
 seiting aside, etc., of report 118 
 
 payment after report set aside; what then 118, 119 
 
 subsequent reports ; proceedings on, etc 119 
 
 when title to land beconjes absolute 119 
 
 how money paid into court disposed of 120 
 
 cost of proceedings; by whom paid 120 
 
 compfinsation of commissioners and jurors 120 
 
 cases pending in United States court hereafter remanded, how proceeded in ]21 
 
 connection, on& work with another . . . .' 6 
 
 connection of railroads in cities 7 
 
 CONSTRUCTION OF CERTAIN WORDS, 
 
 of "joint stock company" 11 
 
 of the word "by-law" 11 
 
 of "internal improvement" 58 
 
 of "railroad corporation" 69 
 
 of "logs or timber 106 
 
 CONVICT LABOR, 
 
 on railroads 72 
 
 on public railroads 72 
 
 on works of internal im pro vement 72 
 
 CORPORATIONS, GENERALLY, ^ 
 
 property of, how valued and assessed for taxation 34 
 
 where property of company is assessed no shareholder to be taxed on same 
 
 property.. 34 
 
 railroad corporatf ens ; taxation of 73 to 79 
 
 insurance, telegraph and express companies, when deemed foreign and when 
 
 domestic . . * 84 
 
 provisions in relation to same 84 to 91 
 
 assessment of such companies for taxation 88, 80 
 
 proof of existence of 163 
 
 annual license tax on charters and certificates of incorporation 145 
 
 amount of such tax; when and to whom paid 145 
 
 penalty for doing business without paying such tax 145 
 
 how relieved from forfeiture of charter for non-payment of such tax 145, 146 
 
 duties of auditor and secretary of state as to such tax 145, 146 
 
vi Index. 
 
 CORPORATIONS, GENERALLY-Continued. 
 
 what corporations exempt from license tax 146 
 
 certain corporations to pay their employes, wh^n and how 155 to 157 
 
 penalties for fai'iure 156,157 
 
 General Powers of Uorporations. 
 
 such powers enumerated 3 to 10 
 
 general provision as to the liability of stockholders 146 
 
 Restrictions on Corporate Powers. 
 
 not to engage in any business other than ihat for which it is incorporated, etc. 3 
 
 not to purchase real estate to sell for profit, etc 3 
 
 other restrictions 3 
 
 what companies may lay out towns, etc 4 
 
 may take real estate, eecurities, etc., in payment of debts or as security therefor. , 4 
 
 powers in relation thereto 4 
 
 may odm promise and purchase its own debts 4 
 
 may establish a sinkinja; fund, for what 4 
 
 may purchase stock, bonds, etc., of what corporation and how, 4 
 
 may become surety for or guarantee debts of such corporation 4 
 
 corporation for work of internal improveiuent m-iy enter upon laud, for what 
 
 purpose and to what extent 4 
 
 can not subscribe for stock of another company unless authorized 3 
 
 but not to throw open fences, etc ' 4 
 
 nor invade dwelling house 4 
 
 provision as to dwelling house 4, .S 
 
 How Much Land Corporation May Acquire. 
 
 along line of improvement generslly 5 
 
 exceptions as to deep cuts, etc 5* 
 
 how mufh it may acquire for abutments f> 
 
 how much for buildings 5 
 
 Proceedings to Take Land Without Cumer's Consent. 
 
 applicant for, by whom made, and proceedings thereon 5, 45, 101, 102, 112, to 120 
 
 notice, how given 5, U4 
 
 company to provide wagon ways, when 6 
 
 railroad companies must fence improved lands 117 
 
 when, only, company can occupy streets of towns 6 
 
 Crossing one Work with Another, Etc. 
 
 when and how oni^ railroad, canal, or turnpike company may cross another 6 
 
 hnt not so as to impede transportation, etc., of the other 6 
 
 when aud^how one work may be altered to suit another, to prevent crossings .., 6 
 
 company r<^quiring the alteration to pay the damages fl 
 
 whi^n and how county roait alti^rcd by such company fl 
 
 legislature reserves the right to connect one work with another at pleasure 7 
 
 how railroads may be connected in cities, towns and villages 7 
 
 if application therefor be refused, how connected outside corporate limits 
 
 How Comimny May Take Mitterials from Lands. 
 
 internal improvement compimv may enter upon convenient lands, for materials.. 7 
 
 but not to cut down fruit or shade trees, etc 7 
 
 nor interfere with fences, buildings, etc., In town, t'tc 7 
 
 what company must do before rxeroi-siug such privilege '. . 7 
 
 appointment of commissioners to fix value of material; how 7 
 
Index. vii 
 
 CORPORATIONS, GENERALLY— Continued. 
 
 notice and report of such commissioners, where returned 7 
 
 either party may require a jury 7 
 
 when court may appoint other commissioners; their duties 7, 8 
 
 if report confirmed, what then g 
 
 proceedings upon coming in of new report 8 
 
 judgment must be satisfied before materials taken 8 
 
 duties of commissioners appointed upon application of company amhorized to 
 
 construct plank road , 8 
 
 their report, i r adverse 8 
 
 the same, if favorable; proceedings thereon 8 
 
 when sheriff to attend at place where company entitled to enter upon lauds, and 
 
 remove force 8 
 
 disposition of property when corporation is dissolved 8 
 
 Acti07is and Process Against Corporations. 
 
 how process shall issue against corporations 9 
 
 attachment on, as garnishee 9 
 
 upon what agent process against railroad company may be served 9 
 
 powers, generally, of corporations 9 
 
 cannot plead usury 9 
 
 provisions as to existing corporations 10 
 
 Joint Stock Companies. 
 
 definition of words "joint stock company" 11 
 
 of the word -'by-law" U 
 
 no joint stock company to be incirporated under special charter U 
 
 not to engage in any business not authorized by its charter, except, etc U 
 
 may take real estate, stocks, etc., in payment of debts 11 
 
 may purchase, etc., its own debt and establish a sinking fund U 
 
 manufacturing company may purchase stcck, bonds, etc., of a corporation; 
 
 whenandhow 11 
 
 may become surety for such other corporation, wheu 11 
 
 former charters not acted upon to be deemed es tiuct 12 
 
 but the execution of any J}ona fide coutract, etc., not to be prevented 13 
 
 what rights, powers and privileges heretofore granted 10 be preserved 12 
 
 within what time company to be organized 12 
 
 dissolution of company by suspension of business 12 
 
 right reserved to alter or repeal charters, etc 12 
 
 what companies ure subject to chapter 53 of the code 13 
 
 of the corporate name and the manner in which it may be changed; effect 
 
 of change 13 
 
 of the capital stock divided into shares 14 
 
 preferred stock, how authorized 14 
 
 number of btockholders, not less than Ave 14 
 
 stock owned by the corporation 14 
 
 who deemed to be owner of stock 14 
 
 stock deemed personal estate ■. 14 
 
 meetings and princ' pal office 33 
 
 stock not to be sold at less ttan par to increase capital stock 15 
 
 payment of subscrlpi ions 15 
 
 apportionment of stock 16 
 
 failure to pay subscriptions 16 
 
 when company may sell delinquent stock 16 
 
 certificate to be surrendered on transfer of stock 18 
 
 sale of stock with delivery of certificate to purchaser 18 
 
 lost certificate 18 
 
 quorum. 
 
 >9 
 
 liist of stockholders tj be hung up in office 19, 20 
 
 voting, modeof 30 
 
 proxy, not to be held by officer or director 20 
 
viii Index. 
 
 COEPORATIONS, GENERALLY— Continued. 
 
 an nual report o( directors 20 
 
 books, papers, e*^c., subjt-ct to inspection 20, 21 
 
 otBoers and agents, appointment of 23 
 
 by-laws 22 
 
 recfiiver 23, ^4 
 
 transfer book U. 15 
 
 transfer of stook 15 
 
 of subsiriptions to capital stock, and recovery of instalments thereon 15, 16 
 
 of security for unpaid instalments of stof^k 16, 17 
 
 certificates of stock 18 
 
 dividends on stock 19 
 
 of the meetings of the stockholders . 19 
 
 of the board of directors, and president 21 
 
 of the voluntary dissolution of a corporation 23 
 
 proceedings in equity to di«s^lve a corporation 23 
 
 certain equity jurisdiction respecting corporations 23 
 
 effect of dissolution or expiration of a corporation .'. 21 
 
 examination or report required by the legislature 24 
 
 service of process and notices on 24, 25 
 
 restrictions in relation t^'quantity of land corporation may hold 25 
 
 preservation of the peace at wa'ering places 25 
 
 marriod women may vote as stockholder 25 
 
 Incorporated Companies, 
 
 taxation of ■ 34, 50, 51, 73, 74, 75, 76, 88, 89 
 
 Incorporation of Joint Stock. Companies. 
 
 to what chapters of the c^de such companies are to be subject 26 
 
 purpose for which they may be formed 26 
 
 no church to be incorporated, nor any company to purchase and sell lands 
 
 for profit 26 
 
 capital stock of 26 
 
 mode of incorporation and its duration 26 
 
 corporations now existing may accept this chapu^r .. 29,30 
 
 may change par value of stock 30 
 
 term of office of first directors 30 
 
 first meeting of stockholders 31 
 
 sale of additional f tock before organization 31 
 
 record, publication and ofRoial copies of certificates of incorporation 31.32 
 
 fees of secretary of state 32 
 
 may reduce or increase the number of shares of its capital stock, or the par 
 
 value of each share; how 32 
 
 meetings of stockholders or directors may be held out of the state 33 
 
 may keep their principal olllces in any state, etc 33 
 
 must appoint some one to accept process and make proper returns; when 
 
 and where 33 
 
 where power of attorney recorded and effect of 33 
 
 penalty for failure 33 34 
 
 sale of property and works of corporations other than railroad companies... 31, 35 
 
 may change par value of stock, when and how 30 
 
 d rectors to continue in office if new certificates be issued, for how long... 30 
 
 first meeting of stockholders 31 
 
 for sale of additional stock before organizatior 31 
 
 of the record, publicat'on and oBBcial copies of certificates of incorporation.. 31 
 
 duties of secretary of state as to 31 
 
 of clerk of house of delegates 31 
 
 penalty and forfeiture for neglect in such cases 32 
 
 effect of copy of certiflcati^ as evidence 32 
 
 certificate or copy to be delivered to, and recorded by, clerk of county court; 
 
 when Qo 
 
Index. is 
 
 CORPORATIONS, GENERALLY— Continued, 
 penalty on company for failure 
 
 Building and Loan Associations 
 
 provisions relating to 35 36 37 
 
 Foreign Corporations. 
 
 may hold property and do business in this state, when and how 37,38 
 
 Banks of Issue or Discount and Deposit., 
 
 to what chapters of code to be subject 82 
 
 capital Steele of , ^ 82,83 
 
 personal liability of stockholders 83 
 
 directors 84 
 
 meeti-ng of stockholders, where held 84 
 
 powers of banks 84 
 
 incorporation of savings banks ; provisions relating thereto 130 to 138 
 
 Incorporated Associations other than Joint Stock Companies. 
 
 haw and for what incorporated 148 
 
 name of another corporation not to be used 149 
 
 fees of clerk 149 
 
 by-laws and regulations 149 
 
 mulual fire insurance companies 150 
 
 mutual relief and insurance companies, insuring Uves on the assessment-plan.. 138, 141 
 
 when not necessary lo prove the existence of a corporation 163, 164 
 
 cemetery associations authorized to sell and convey their land; when and how. 157, 158 
 
 CUMULATIVE VOTING, 
 
 statute authorizing same 51 
 
 COUNTY CLERK'S OFFICE, 
 
 power of attorney to be recorded 41 
 
 certillcate of incorporation to be recorded 3S 
 
 COUNTY COURT, 
 
 may order election on question of appropriating money, by county or districts, 
 in aid of internal improvements; andduties and powers as to such ■subscrip- 
 tions after election 51, 52, 53 
 
 duty of prosecuting attorney of county to prevenL building of railroad bridges, 
 
 when 60 
 
 dutyof such attorney to proceed against railroaJs for certain violations 70 
 
 court to apportion the property of railroads for taxation to the several districts 
 
 and municipal corporations through whicn it runs 76 
 
 not to compromise, etc. , railroad taxes 76 
 
 duty of, where boom company is unable to agree with owner as to purchase of 
 
 land 101,102 
 
 to submit provisions of boom law to vote of people, when 108 
 
 . duty of , as to rates for freight on lateral railroads, where there is a disagiee- 
 ment 
 
 crossings, 
 
 HO 
 how made one with another 6 
 
 CRUELTY TO ANIMALS, 
 
 penalty for '^^ 
 
 DEBTS, 
 
 . corporation may take real estate, stocks, bonds, etCj, In payment therefor 4 
 
 may compromise and purchase its own debt 4 
 
X Index. 
 
 DEBTS.— Continued. 
 
 debts due on stock, when paid ■ 35,16 
 
 how subscriptions lo stocli paid 15 
 
 fniluve to pay subscriptions, how recovered 15 
 
 when company can sell delinquent stock 16 
 
 failure to pay instalments 17 
 
 railroad company authorized to mortgage its properly 48 
 
 DIRECTORS, 
 
 election or 41 
 
 quorum of 41 
 
 DISSOLUTION, 
 
 when corporation is dissolved, etc., how properly disposed of 9 
 
 voluntary, of a corporation 23 
 
 proceedings in i-quity to dissolve a corporation 23 
 
 appointment of receivers 23, 24 
 
 effect of dissolution or expiration of a corporation 24 
 
 by forfeiture 12 
 
 DOMESTIC CORPORATIONS, 
 
 duration of corporations 29 
 
 directors, election of 41 
 
 directors, failure to elect 43 
 
 what companies are such 'S7, 38, 70, 71, 84, 85 
 
 EMPLOYES, 
 
 of certain corporations, to be paid their wages at regular intervals, etc., pro- 
 visions for securing same ; 155, 156, 157, 
 
 excessive cliarges lor goods to employes -. .. 157 
 
 employers oau not issue scrip not redeemable in money 156 157 
 
 penalties 157 
 
 employes entitled to pay for coal before the coal is screened 161 
 
 EXPRESS COMPANIES, 
 
 distinction between domestic and foreign 84 
 
 propertyof domestic, how assessed for taxation . . , , 88 
 
 returns to be made by foreign 88 
 
 what return to show and when made 88 
 
 duty of auditor and assessor in relation to 89 
 
 1 as to be paid by foreign ; 89 
 
 penalty fer failure to make return or pay tax 89 
 
 service of notices and process on foreign 90 
 
 conditiou precedent to transaction of business by foreign 37, 91, 92 
 
 requirements of, before transacting business in thid state 84 to 91 
 
 revocation of power of attorney 90 
 
 copy of power of attorney as evidi'nce 90 
 
 EXTENSION OF CHARTER, 
 
 corporations may extend existence beyond that limited in charter 29 
 
 certificate of secretary of state in such case 28 
 
 FOREIGN CORPORATIONS, 
 
 may hold propertv and do business in this state; when and how 37 
 
 railroads, declared domestic corporations; for what purposes 37 
 
 penalty for doing business without authority of law 37, 38 
 
 fee of secretary of state for certificate 38 
 
 what insurance, telegraph and express comijanies are. .. 84 
 
 FOREIGN INSURANCE COMPANIES, 
 
 what companies deemed 84 
 
 what certificate required by, In order to take risks 85 
 
Index. xi 
 
 FOREIGN INSURANCE COMPANIES.-Continued. 
 
 statement to bd made by *. .. .... 8 
 
 capital required of, before doing business 8 
 
 deposit required to be made by S5 
 
 examination of, by auditor 86 
 
 cerhficate issued to, by auditor ; wheu , 87 
 
 fees of auditor 87.88 
 
 copies of papers filed with auditor as evidence 88 
 
 returns to be made by, to auditor 88 
 
 duties of auditor and assessor thereon 89 
 
 tax to be paid by , . 89 
 
 penalty for failure to make returns or pay tax 89 
 
 service of process and notices on 90 
 
 FORFEITURE OP CHARTER, 
 
 what violn*^ion of railroad corporation deemed a 'forfeiture of its franchises 70 
 
 certain railroad companies relieved from ; when and how 80, 81 
 
 forfeiture for non-payment of license tax 145 
 
 how relieved from 145,146 
 
 INCORPORATED ASSOCIATIONS OTHER THAN JOINT STOCK COMPANIES, 
 
 incorporation of, authorized and for what 148 
 
 number of persons who may organize 1-58 
 
 how incorporated 148,149 
 
 effect of certificate issued by clerk 149 
 
 name of corporation 149 
 
 fees of clerk of county court 149 
 
 by-laws and regulations of 149 
 
 mutual fire insurance companies 150, 154 
 
 insuring lives on the assessment plan 138 to 141 
 
 when not necessary to prove pxistence of a corporation , 163, 164 
 
 INCORPORATED JOI^T STOCK COMPANIES, 
 
 See titles— "corporations generally," "joint stock compani&s,"' ''railroad oom- 
 
 paoies," "banks of issue, etc., "savings banks." 
 
 increase, number shares or par value of stock 32, 33 
 
 INSURANCE COMPANIES, 
 
 incorporation of 26, 27, 28 ' 
 
 what deemed a domestic and what a foreign company 84 
 
 certiflcatt- required, in order to take risks by company 85 
 
 statement to be filed by company before doing business 85 
 
 capital required of foreign company before doing business 85 
 
 of what to consi«it and how invested 85 
 
 examination of and revocation of certificate of, whvsn 86 
 
 when auditor to issue certificate 87 
 
 when and how such certificate renewed 87 
 
 publication of certificate 87 
 
 when filed 87 
 
 what certificate must recite 87 
 
 fees of auditor 87, 88 
 
 written and printed copies of papers, as evidence 88 
 
 assessment of property of domestic company 88 
 
 returns of foreign companies, when and how made 88 
 
 what returns must show 88 
 
 when made and what to include 89 
 
 duties of auditor and assessor 89 
 
 tax t« be paid by foreign company 89 
 
 .penalty •■ ^^ 
 
 service of process and notices on _. 90 
 
 .attorney to accept services, how appointed 90 
 
 when only such power revoked; new appointment 90 
 
 copy of power of attorney as evidence ^0 
 
xii Index, , 
 
 INSURANCE CO M PANIES.— Continued. , 
 
 penalty for failure to appoint such attorney 90, ,91 
 
 Mutual tire insurance companies. 
 
 provisions relating to 150 to 154 
 
 Mutual life instance companies. 
 
 provisions of law re'ating to 138 to 14x 
 
 INTERNAL IMPROVEMENTS, 
 
 , companies to construct works of, may be incorporated; how 26,37,28 
 
 property of companies formed for, how listed for taxation 34 
 
 construction of words "internal ioaprovement" 58 
 
 convict labor on works of . 72 
 
 ' railroad companies, how assessed for taxation. 73 to 82 
 
 how counties, districts, etc., may subscribe to works of 51, 52, 53 
 
 rights, powprs and privileges of internal improvement oompanies 4 to U, 112 to 121 
 
 railroad companies must fence, when 117 
 
 JOINT STOCK COMPANIES, 
 
 (See index under head of corporations generally) 
 
 LABORERS, 
 
 act for securing to, of certain corporations, their payment of wages at regular 
 
 intervals 155 to 157 
 
 to pay employes once every two weeks ; 155 
 
 to pay in lawful money of the United States or by cash order 155 
 
 orders must be redeemable in lawful money of the U. S 155 
 
 for its face value beariug legal rate oE interest 155 
 
 order to be redeemable within thirty (Jays 155 
 
 peualty for violations 165 
 
 employes not lo be charged more than other customers 156 
 
 penalty for violation 155 
 
 employers cannot issue scrip not redeemable in money 156, 157 
 
 penalty 157 
 
 excessive charges for goods prohibited 157 
 
 LAND, 
 
 when a corporation may enter upon, and for what 4 
 
 how much, a company incorporated for public improvements may acquire 5 
 
 how corporations may take materials from 7,45,46,101,102 
 
 quantity of land a corporation, except, etc., may hold 25 
 
 taking of land without owner's consent for purposes of public utility, and pro- 
 ceedings thereon 5, 45, 106, 121 
 
 quantity of land incorporated associations other than joint stock companies 
 
 may hold 146 
 
 (See title "Condemnation of Land.") 
 
 LATERAL RAILROADS. 
 
 any person may construct 141^ 142 
 
 general' provisions conctrning Ihe construction of, and operating same 141, 144 
 
 LIABILITY OF STOCKHOLDERS, 
 
 of railroad companies 45 
 
 of banks 82,83 
 
 of mutual fire insurance companies I53 
 
 of boom companies 1Q1 
 
 constitutionol provision regarding the liability of stockholders of all corpora- 
 tions, etc 146 
 
Index. xiil 
 
 LIFE INSURANCE COMPANIES, MUTUAL, 
 
 (See title "mutual life insurance compauies.") 
 
 LICENSE TAX. 
 
 on 3orporalion having principal place of business in this state 145 
 
 on (Corporation having principal place of business outside of this state 145 
 
 tcwhom'-and when payable ■ 145 
 
 auditor to notify corporation of time of payment of license tax 145 
 
 forfwiture for non-payment 145 
 
 auditor to publish list of forfeited charters 145 
 
 how corporation relieved from forfeiture 145, 146 
 
 corporations exempt from payment of license tax 146 
 
 LOSS OF CERTIFICATE, 
 
 board of directors to cause the issue of duplicate, when 18 
 
 requirements of owner, before duplicate is issued 18 
 
 manufacturing company may lay out town, when 4 
 
 MATERIALS. 
 
 how incorporated companies may take, from lands 7, 8, 45, 101, 102 
 
 MINERAL OR OIL LEASES, 
 
 limitation of actions on 158 
 
 MORTGAGES, 
 
 on cars and rolling stock 16a 
 
 MUTUAL FIRE INSURANCE COMPANIES, 
 
 mode of incorporating 150 
 
 power to take risks 150 
 
 provisions of code applicable '. 150 
 
 when to commence business 150 
 
 by-laws , 151 
 
 members of, their liability 151 
 
 board of directors 151 
 
 annual meeting 151 
 
 quorum 151 
 
 number of votes each member entitled to 151, 152 
 
 bond to be given by insured 153 
 
 docket to be kept by county clerk ". 153 
 
 policy to be void, when 153 
 
 liability of members 153 
 
 suits between company and members 153, 154 
 
 expensps and losses : ; 154 
 
 annual statement; when published 154 
 
 power resetved to legislature .' 154 
 
 MUTUAL LIFE INSURANCE COMPANIES, 
 
 what companies so considered 138 
 
 what statements to be filed with auditor, by both domestic and foreign com- 
 panies 13)j, 139 
 
 person tn accept service of process , 139 
 
 what auditor may examine into 139 
 
 certain duties of auditor 139, 140 
 
 pennlty on agent for doing business without certificate of authority 140 
 
 fte of audiior 140 
 
 what to be evidence 140 
 
 certain societies not included in act 140, 141 
 
 NAME, 
 
 restrictions upon 13 
 
 name, change of 7 
 
XIV 
 
 Ihdbx. 
 
 OIL COMPANIES, 
 
 may lay out town, when 
 
 (See title of "Pipe Line Companies.") 
 
 OIL OE MINERAL LEASES, 
 
 limitations of actions on 
 
 OIL AND GAS WELLS, 
 
 requirements oonoernitg abandoned oil and gns wells, etc. 
 
 within what time gas-wells must be shut in 
 
 abandoned gas and oil wells to be filled and plugged 
 
 directions ^s to plugging and filling 
 
 penalties 
 
 who may plug wells where owner fails, etc 
 
 ORGANIZATION, 
 when to be made. 
 
 168 
 
 158, 159 
 
 159 
 
 im 
 
 169 
 169, 160 
 
 OFFICERS, 
 
 election or appointment of oflBcers of joint stock companies, 
 election or appointment of officers of railroad companies — 
 
 23 
 43 
 
 PIPE LINE COMPANIES, 
 
 provisions concerning the trans-portation of petroleum through pipes 
 
 all such corporations subject <o this act ... 
 
 must accept all petroleum offered, make connections, etc 
 
 petroleum to be inspected, measured and receipted for 
 
 charee for transporting oil of 35 degrees gravity or less 
 
 charge for storage and waste 
 
 oil exceedine 35 degrees to be simUarly inspected, etc 
 
 deductions for wRst» 
 
 deductions f ir sediment, when made 
 
 petroleum" to be delivered where owner requires 
 
 pipe line company liable for petroleum lost whil^i in its custody by bursting or 
 leakage of pipes and tanks 
 
 not liable for loss in case of lightning, etc 
 
 such loss to be borne' pro rata by all owners .' 
 
 liable for petroleum lost by overfiow o[ tanks or leakage, etc 
 
 charge for transporting oil exceeding 35 degrees gravity 
 
 charge for storage 
 
 charges to be uniform 
 
 violations, how punished 
 
 lien for damages 
 
 accepted ort^ers and certificates negotiable 
 
 receipts 
 
 certificates ' t. 
 
 orders 
 
 duplicate receipts, etc 
 
 cancellation of receipts, certificates, orders, etc 
 
 petr.)leum not to be sold, etc., without writteu order of owner 
 
 detailed statement to be made by pipe line company 
 
 what statement to contain 
 
 statement to be sworn to > 
 
 statement to be given in barrels, etc 
 
 number of gallons to barrel.... 
 
 company to have on hands at all times an amount of merchantable oil equal to 
 aggregate of outstanding receipts, etc 
 
 penalty for violation 
 
 penalty for selling without owner's consent 
 
 penalty for failure to make statement required 
 
 examiners, appointment of and duties of 
 
 owners of ten thousand barrels of petroleum may petition circuit court fur ap- 
 pointment of examiners 
 
 121 to 129 
 121 
 
 121, 122 
 123 
 123 
 
 122, 123 
 123 
 123 
 131 
 123 
 
 123 
 123 
 
 123, 124 
 124 
 124 
 124 
 125 
 
 ia5 
 
 125 
 135 
 135 
 135 
 136 
 126 
 126 
 
 126, 127 
 127 
 127 
 127 
 
 127 
 127 
 127 
 
 127, 128 
 128 
 
 128 
 
InDJIX. XV 
 
 PIPE LINE COMPANIES.— Gontinned. 
 
 petitiobers to give bond, etc ; 128 
 
 circuit cwurt to arpoiut ' ' 128 
 
 when to be appointed i 128 
 
 court to fix tbeir compensatiou 128 
 
 company to give them desired inFormition 128 
 
 report of examiners 138 
 
 what report to show 129 
 
 penalties to which examiners are liable 129 
 
 penalty for refusing access to book 129 
 
 laws rppealed ". 129 
 
 PROXY. 
 
 no officer or director can hold a proxy 20 
 
 PLANK ROAD, 
 
 how company authorized to build, may take timber and other material from 
 
 lands , 8 
 
 POWERS, 
 
 corporate defined, 3 et seq. 
 
 powers additional. ^ 9 
 
 POWER OF ATTORNKY, 
 
 incorporated companies required to appoint some person to accept service of 
 
 process, etc 33 
 
 of railroad companies; where recorded 41 
 
 penalty for failure 41 
 
 'of forftign insurarce companies '... 90 
 
 of foreign telegraph companies 90 
 
 of foreign express companies flO 
 
 where power of attorney of such foreign companies recorded 90 
 
 revocation of such power of attorney; when 90 
 
 copy of power of attorney as evidence 90 
 
 penalty for doing business without executing such power of attorney 90,91 
 
 of hoom companies; where recorded 97 
 
 penalty for failure : 97 
 
 of foreign mutual lift insurance companies; where filed, 139 
 
 preferred stock, 14 
 
 PRINCIPAL OFFICE OF CORPORATIONS, 
 
 may be located, where 33 
 
 PLEADINGS, 
 
 of the verification of, in suits against corporations 163,164 
 
 PRIVATE PROPERTY, 
 
 not to be damaged. or taken for public use without compensation U2 
 
 purposes for which, may be taken 112, 113 
 
 proceedings, etc.-, for condemnation uf 112 to 121 
 
 PROCESS AND NOTICES, 
 
 on corporations ; how served 9, 33 
 
 PROOF OP EXISTENCE OF CORI»OR \TIONS, 
 
 when not necessary to prove existence 163, 164 
 
 president 21 
 
 Proxy, who may hold , 20 
 
 PROTECTION TO PROPERTY, 
 
 of telegraph and railroad companies 144 
 
xvi liflDEx. 
 
 REAL ESTATE, 
 
 corporations may hold, purchase, and use, etc 3 
 
 corporations cannot be incorporated for the purpose of buying and selling 
 
 lands for profit 26 
 
 manufacturing, mining, oil, salt or internal improvement company may lay 
 
 out towu and sell lots -. 4 
 
 (See also under title of "Laud.") 
 
 RECEIVER, 
 
 appointment of 23, 2 i 
 
 RIGHT OF WAY, 
 
 how ©bfained ■ 4, 10 
 
 may be assessed, before road is built 80 
 
 RAILROAD STATIONS, 
 
 regulations concerning 81 
 
 RAILROAD COMPANIES, 
 
 mode of incorporation 38, 39 
 
 by-laws of, where recorded 40 
 
 first meeting of stockholders; what may be done thereat 40,41 
 
 appointment of agent to accept service of process; penalty for failure 41 
 
 annual meeting; election of directors; statements and rates of interest on 
 
 loans .,^ 41,42 
 
 special meetings V;.. 42 
 
 when meeting of stockholders held; time of annual meeting; principal offices; 
 
 one otfice to be kept in this slate ' 42, 43 
 
 failure to elect directors 43- 
 
 election and appointment of president and other officers 43 
 
 how payment of stock enfo.rced, sale for non-payment 43 
 
 stock of corpotation personal property; transfer thereof 44 
 
 oapiial stock; how increased 45 
 
 personal liability of stockholders 44 
 
 condemnation of real estate for corporate purposes 45 
 
 must provide wagon ways and fence improved land 6, 117 
 
 how corporatifm may take material from lahd 7, 45 
 
 general powers of railroad corporations 46, 47, 48 
 
 rolling stock to te personal property 48 
 
 issue of Slocks, bonds, etc., when void 48, 49 
 
 extension of line; consolidation of stock with other roads; leasing 49 
 
 annual report iu auditor, wliat to contain; penalty for failure to make 50, 51 
 
 powers reserved to the legislature 51 
 
 number votes each stockholder entitled to; cumulative voting 51 
 
 subscriptions by counties, districts, cities, etc., tn the capital stock of 51, 53, 53, 54 
 
 warning of approaching trains ; penalty for neglect 54 
 
 crossing of two railroads; provi-iions relating to 54 
 
 boards to be erected at crossings across public road, etc., penalty for failure. 55 
 
 map of road to be filed; where 55 
 
 time within which company shall commeuce and complete its road 55, 56 
 
 existing roads subject to this ctiapter 56 
 
 stock sub.scriptions may be paid in lands or other property 56 
 
 lateral and branch roads; telegraph lines and toll bridges 56 
 
 general laws to apply so far as not inconsistent. > 57 
 
 railroads declared to be public highways ." 57 
 
 sale of property of railroad corporations; purchaser to be a corporation 57 
 
 what new corporatoin to succeed to 57 53 
 
 the 'words "internal Improvement" how construed 58 
 
 railroad companies may become surety foe, or guarantee debts of, or lease its 
 
 road tfi other railroad companies 58 
 
 bridging certain rivers 58 59 
 
 railroad charges; maximum rate of, and olassifloalion of railroads ,.61, 62, 67, 68 
 
Index, 
 
 xvu 
 
 RAILROAD COMPANIES.— Continued. 
 
 what must be kept posted 
 
 penalty for overcharging, etc 
 
 limitations of rates to apply to all roads 
 
 classification of goods 63, 64, 
 
 minimum charges 
 
 shall transport passengers and freiaht when offered 
 
 what included in charges for transportation 
 
 charges for storage, etc ; . 
 
 weighing and receipting for goods, etc 
 
 definition of words "railroad corporation , 
 
 act not to apply to street railroad 
 
 railroad charges not to exceed rates authorized by charter, etc 
 
 when franchises deemed forfeited; how such corporations proceeded against.. 
 
 domestic corporations; what railroads art; so declared 
 
 short-line railroads ; charges dn 
 
 horse-railroads; charges on 
 
 cruelty to animals, penalty for 
 
 prorating charges 
 
 convict labor on railroads; provisi"ns relating to., 
 
 may issue bonds either registered or coupon, anc exchange the one for the 
 
 oi her , 
 
 protection of holders of such bonds 
 
 taxation of railroads 
 
 how relieved from forfeiture of charter 
 
 keeping doors of pas^^enger cars locked while in motion; penalty for 
 
 executors not personally liable for stock 
 
 consolidation of stock with other roads 
 
 leasing 
 
 levy to pay subscription or loan and interest 
 
 general powers of 
 
 " companies doing bu.'^iness in this state under charters granted by the state ol 
 
 Virginia, etc., shall be treated as dnmustic corporations 
 
 chartered by the laws of other states not to do business in this state until, 
 
 e^c 
 
 penalty on foreign. corporations for doing business without cnmplying with 
 
 state law 
 
 condemnation of land for railroad purposes 
 
 railroads to fence land; when 
 
 penalty for injury to property of 
 
 lateral railroads: general provisions coucerning 
 
 reduction in number shares, etc ._ 
 
 roiling stock, morigages on, where recorded — 
 
 salt company may lay out town, when 
 
 62, 63, 81 
 63 
 
 63 
 65, 66, 67 
 
 
 69 
 
 
 69 
 
 
 70 
 
 
 70 
 
 
 70 
 
 70 
 
 , 71 
 
 
 71 
 
 
 71 
 
 
 71 
 
 
 71 
 
 
 72 
 
 
 73 
 
 
 73 
 
 73 to 80 
 
 80, 
 
 , 81 
 
 
 81 
 
 
 44 
 
 49, 
 
 50 
 
 49, 
 
 50 
 
 53. 
 
 , 54 
 
 46 to 48 
 
 
 37 
 
 37, 
 
 , 78 
 
 
 38 
 
 112 to 121 
 
 
 117 
 
 
 144 
 
 141 to 
 
 144 
 
 32, 
 
 33 
 
 
 165 
 
 
 4 
 
 SALE OP PROPERTY OP CORPORATIONS, 
 
 of eorporations, other than railroads 
 
 how made and what purchaser acquires 
 
 of railroad corporations 
 
 what pa8se^ to purchaser 
 
 • sale, etc., of stoolc to another, whet title vests in purchaser. 
 
 57 
 57 
 18 
 
 SAVINGS BANKS, 
 
 incorporation of .' 
 
 number of persons necessary to organize 
 
 judge or judges of circuit court to certify fitness of parties for trust 
 
 where incorporators to reside 
 
 form of agreement • : 
 
 agreement to be acknowledged ■' 
 
 certificate ol secretary of state 
 
 to be filed in the office of the county clerk of the county, where bank Is 
 be located 
 
 130 
 130 
 130 
 130 
 130 
 130 
 130 
 
 131 
 
xvni 
 
 Index. 
 
 SAVINGS BANKS.-Contmued. 
 
 annual meeting of members 
 
 officers, how elected 
 
 business, how managed 
 
 seal, common 
 
 seal, stale tax on 
 
 by-laws, how adopted 
 
 meetings of the board 
 
 failure' of trustee to attend meetings 
 
 removal of trustee of 
 
 spcurity required of otfieers 
 
 liability of trustees 
 
 no trustee, ofRoer orageut, to borrow or become indorser for money of the cor- 
 poration 
 
 deposits and dividends 
 
 deposits may be limited : 
 
 powers and duties of trustees when depositors are married women or minora — 
 
 how deposits and ineomes to be invested 
 
 whpn investments to be made 
 
 excess of receipts may be deposited In 'another bank— how withdrawn 
 
 real estate 
 
 applications for loans— how made 
 
 certificates of deposit not to be issued 
 
 nor pay interest on deposit, except. 
 
 dividends, semi-annual 
 
 reservation of guarantee fund 
 
 profits how divided 
 
 how dividends to be authorized 
 
 compensation ol' trustees 
 
 examination of books by trustees; their statement 
 
 statement to be published in newspaper 
 
 circuit court may order investiyation 
 
 penalty for making unauthorized investment 
 
 special -meeting of members 
 
 withdrawal of member, when 
 
 unclaimed deposits, list to be published 
 
 authorizad to pay order of deceased depositor 
 
 dpposits ra« de in trust for another 
 
 company may di«cbntinue business 
 
 resolution of discontiiiuance to be certified to secretary state 
 
 djsposition of property when corporation dissolved 
 
 power of legislature to make examination, etc 
 
 to what chapters subject 
 
 132, 
 
 131 
 
 131 
 
 131 
 
 3 
 
 131 
 131 
 131 
 131 
 132 
 
 132 
 132 
 132 
 132 
 132 
 133 
 134 
 134 
 134 
 134 
 134 
 i34 
 134 
 13*, 135 
 135 
 135 
 135 
 135 
 
 135, 136 
 136 
 136 
 136 
 136 
 
 136, 137 
 137 
 137 
 137 
 137 
 
 137, 138 
 138 
 
 SCRIBNER'S RULE, 
 
 established as the lawful rule for the measurement of logs, timber, unless, etc 
 
 SECRETARY OF STATE, 
 
 duties of; as to issuing certificates of incorporation to joint stock companies 
 
 recordation, publioAtio-n, etc, of same 28,29,30,31 
 
 power of attorney to accept service of process for corporations, to be recorded 
 
 in olBce of , ^ 
 
 duty of, as to foreign corporations 39, 40 
 
 fertiflcate issued by, to railroad corporations 37, 38 
 
 what certificates to be filed in uffloo, by railroad extending its line 49, 50 
 
 map, etc., of road to be filed in office of 55 
 
 c uty of, as to banks changing amount of capital stock 83 
 
 what rejolution presideu t to cerli fy to 83 
 
 curtiflcate issued by to boom compauies 96 
 
 b\-law8 to be recorded in office of 95 
 
 > order or resolution lucreasing capital stock to boom companies to be recorded 
 
 In office of 100 
 
Index. xix 
 
 SECRETAPi-Y OF STATE— Coiitii.ue.l. 
 
 writing by timber clualers adoptiusf tmde-mark to be recorded in office of.... 109 
 
 cjei'tificatt! iht^ui'd by, to savings banks 130 
 
 duty of, as to dissolutiun of such banks 137 
 
 tat on state s'^al to be paid tu Hi, ]45 
 
 duty of, as to taxfs received by hira, or if. none be received 146 
 
 SHOUT LISE RAILROADS,- 
 
 freitiiit chargus on, limited 71 
 
 STOCK-IIULDERS, 
 
 fii'st meeting 40 
 
 special meelinjj; 42 
 
 K^'Uf ml provisions 14 to 21 
 
 STOClv OR DEBT, 
 
 ont- railroad company may guarantee the stock or debt of another railroad; when 
 
 ;ind how 58 
 
 railroad corporations may sell, issue and transfer its stock; for what 48, i9 
 
 STREET RAILROADS, 
 
 what actnnt to apply ', .....>!:,..., 70 
 
 charges fur passenger fare and.freijjht on ... ^i,,; 70, 71 
 
 SUBSCRIPTIONS, ' 
 
 failure to pay 16, 17 
 
 by counties, districts, cities, etc., to capital stock of railroad or other work of 
 
 internal improvement ., .,.,51, 52, 53, 54 
 
 SUMMER RESORTS, 
 
 rreservation of the peace, etc., at ■, ^.. , '25 
 
 Taxes, ' ', 
 
 ("See assessment.") 
 
 TAX ON LICENSES, 
 
 of charters and certificates of incorporation 145, 146 
 
 huw corporations relieved froiji forfeiture for. uon-payment of license tax ; 145, 116 
 
 penalty for doing business without piiyiiig such tax ■•. 145 
 
 what corporations nut to pay license tax 146 
 
 duties of auditor and secretary of state as to license tax 145, 146 
 
 TAX ON STATE SEAL, 
 
 tax furaflaxing state seal to any paper ,. 144, 145 
 
 TELEGRAPH COMPANIES, 
 
 how incorporated 26, 27 
 
 cuuiify court may authorize to secure and maintain telegraph poles on land con- 
 demned or used as a public roatl 144 
 
 distinction between domestic and foit-ign 84 
 
 to make certain returns to auditor ■.. 83 
 
 penalty for failure 89,90 
 
 tax to be paid by 89 
 
 appointment by foreign, of agent to accept service of process 90 
 
 penalty for injuriug property of .■ — 144 
 
 TITLE AND TRUST COMPANTiCS, 
 . powers and privileges. 
 
 91 
 
 when court may investigate, such company 93 
 
 what funds to be kept separate, 
 not tc be surety fur certain ofTiceis. 
 
 93 
 93 
 
 titles, where possession remains in grantor 165 
 
XX Index. 
 
 TIMBER DEALERS, 
 
 may adopt trade mark 
 
 mode of adopting same ; where recorded, publif^bed, etc 
 
 penalty for using traderraark of aunther 
 
 how branded, etc., on timber; penalty for removing, etc , 
 
 penalty tor taking, etc., timber branded 
 
 proprietor of trade mark purchasing timber deemed the owner nf such timber; 
 
 when 
 
 compensation Tor catching timber in certain waters; when such timber may be 
 
 sold; proceeds how disposed of 110,111 
 
 trade mark jjrima/ocje evidence of ownership ^'' 
 
 penalty tor falsely branding, etc., timber •■ '^^ 
 
 Scribner's rule established for the measurement of timber 
 
 109 
 109 
 109 
 110 
 110 
 
 110 
 
 108 
 
 TOWNS, 
 
 how corporations may lay out, etc. 
 
 TRADE MARK, 
 
 may be adopted by timber' dealers, how ^^ 
 
 production of such dealers using same lOOIolll 
 
 TRANSPORTATION OP PASSENGERS AND FREIGHT, 
 
 rates and provisions as to, by railroads 61 to 6w 
 
 penalty for overcharging '''0 
 
 on street railroads 70,71 
 
 on short line railroads 71 
 
 on horse railroads 71 
 
 on lateral railroads 141 to 144 
 
 TRANSFER OF STOCK, 
 
 no share to be transferred unless paid up, except 15,44 
 
 certificate to be surrendered on transfer of stock 18 
 
 0SURY, 
 
 contract of corporation not invalid therefor 9 
 
 TOWNS, 
 
 certain corporations may lay out towns and sell lots therein . 
 
 WAGES, 
 
 (See title "Emplnyes.") 
 
 WOMEN, 
 
 may vote as stockholders