Preamble. Real estate put on footing of personal property. Transfer of CHAPTER 113.-An ACT to place the real estate of Riverside Iron Works Company on the footing of personal property. Passed March 3, 1869. WHEREAS, Chauncey Dewey, Orville C. Dewey, J. Nelson Vance, John D. Culbertson, Joseph Dudley, James Nesbitt, Arthur C. McKee, Nathan Wilkinson, Robert W. McClellan, Charles Rahr, Jacob Bowman, Lewis Jones, William L. Hearn, David M. Thornburg, Frederick Linderman and Frank J. Hearn, as partners, are owners of the Riverside Iron Works, now in operation in the city of Wheelling, under the firm name and style of "Dewey, Vance & Co.," having a capital stock of three hundred and fifty thousand dollars, paid in and owned in divers shares by said partners; and whereas, the said partners, for the more convenient management of their affairs, desire that their real estate may be placed on the footing of personal property owned by their co-partnership. Be it enacted by the Legislature of West Virginia : 1. Real estate held or acquired for the purposes or in the business of said co-partnership, and the shares of the partners therein shall be held and be transferable, and shall descend and be administered in like manner as personal property owned by said co-partnership; and a transfer by any partner, or his personal representative, of his share or interest in the property of the co-partnership shall be as effectual to transfer, rent, and convey his share or interest in the real estate as in the personal property of the co-partnership; provided that every such transfer of a share or interest shall be in writing; and every land by co-part- conveyance of land from the co-partnership to other persons shall be nership to be by by deed as in other cases. shares in writing to transfer interest in real estate. Conveyances of deed. Contracts in relation to real name of River side Iron Works. 2. Conveyances and leases of real estate to or from said co-partestate may be in nership, and contracts in relation thereto, may be made in and by the name of the Riverside Iron Works; and may be executed or accepted on behalf of the co-partnership by any person or persons designated for that purpose, by or in pursuance of the articles of copartnership; and the same shall be as effectual as if duly made by or to all the partners for the time being, and as effectual to convey and transfer the interest, share and legal estate of a deceased partner as of the other partners. If members of co-partnership changed, act to apply to new co-partnership. Act to have no effect until as sented to by copartnership in writing, recorded in Ohio county. 3. In case of any change of the members of said co-partnership by death or assignment, or the retirement or introduction of a partner or otherwise, the preceding sections shall be deemed and taken to be applicable to the co-partnership as thus changed. 4. The preceding sections shall have no effect until the present members of said co-partnership shall subscribe and acknowledge be fore the recorder of Ohio county for record, an instrument in writing, expressing their assent to the provisions of this act. And nothing in this act shall be construed to exempt the partners from personal ners and man liability for the engagements of the co-partnership, or to prevent the Liability of partaffairs of the co-partnership from being conducted, regulated and agement of their managed according to the articles of co-partnership or otherwise, as affected. in other cases of partnership, except as herein before enacted. affairs not to be 5. Judgments against the partners for debts or liabilities of the Judgment liens company shall have like effect as liens upon the real estate of the not to be affectcompany as if this act had not been passed. ed. CHAPTER 114.-An ACT to enlarge the powers and define the duties of the Kanawha Board and to authorize them to prosecute the improvement of the Kanawha river. Passed March 3, 1869. Forfeiture of pany. WHEREAS, The Virginia Canal Company has failed to comply with Preamble. the provisions of its original charter, granted by the state of Virginia, on the twenty-ninth day of March, eighteen hundred and sixty-one, and has also failed to comply with the provisions of an act of the General Assembly of Virginia, passed February third, eighteen hundred and sixty-six, which was intended to re-enact and amend said charter and which last mentioned act was approved by this legislature on the twentieth day of February, eighteen hundred and sixty-six; this legislature by virtue of the power reserved to it by the three before recited acts, doth hereby announce and declare, that by reason of the rights of Virgifailure aforesaid, all rights, interest and franchises of the said Vir- nia Canal comginia Canal Company, within the jurisdiction of this state, have forever ceased and terminated as fully and effectually as if neither of the aforesaid acts had ever been passed; and whereas, the General Assembly of the State of Virginia having, by an act passed March twenty-third, eighteen hundred and sixty, entitled "An Act to amend the charter of the James River and Kanawha Company," declared, "that in case the said James River and Kanawha Company shall not complete the canal to Covington or the western terminus of the Vir ginia Central Railroad, within six years from the passage of this act, all the property, rights, franchises and privileges of every kind and description of the said company shall be transferred to and become the property of the state," and the said James River and Kanawha Company having accepted the provisions of said act and having failed to complete the canal to Covington or the western terminus of the Vir ginia Central Railroad, within six years from the twenty-third of March, eighteen hundred and sixty, so much of the property, rights, franchises and privileges of said company as are situated within the limits of this state, became and were vested in the state of West Vir ginia, by the thirteenth section of the said act of March twenty-third, eighteen hundred and sixty, and by virtue of the act passed on the third day of February, eighteen hundred and sixty-three, by the General Assembly of Virginia, which transfers to the state of West Property and rights of James River and Kan awha company vested in this state. Appointment of directors for Kanawha board. Their powers. Virginia all the property, which the state of Virginia owned within the limits of this state. The legislature doth therefore declare and announce that the Kanawha river and all dredge and other boats and property under the control of the Kanawha board are now the property of this state, free from all claims, incumbrances or control of any party, state or corporation whatever. Therefore Be it enacted by the Legislature of West Virginia : 1. The board of public works shall annually appoint five directors for the Kanawha Board, with power to sue and be sued, as a body politic and corporate, who shall have control and supervision of the Kanawha River, according to the provisions of the act providing more effectual means for the improvement of the Kanawha river, passed February fifteenth, eighteen hundred and fifty-eight, and an act to amend the charter of the James River and Kanawha Company, passed March twenty-third, eighteen hundred and sixty, so far as the same may be consistent with the provisions of this act. The said board of directors shall hold their offices for one year and until their successors are appointed, and shall have all the powers pertaining to the said board, as fully as if they had been appointed according to the provisions of the said act, passed February fifteenth, eighteen hundred and fifty-eight. The board of public works shall on the fifth day of March in each year or as soon thereafter as practicable, appoint two collectors and one superintendent, who shall hold their superintendent. Ooffices for the term of one year and until their successors are elected and qualified. Terms of office. Appointment of collectors and Board authorized to borrow money, issue bonds, and secure their payment by lien. 2. The Kanawha Board is hereby authorized to borrow not exceeding two hundred thousand dallars for the purpose of improving the navigation of the Great Kanawha river and paying the just debts contracted by said board on account of said river; and may issue bonds therefor with coupons attached, bearing any rate of interest not exceeding ten per cent per annum and as security for the payment of the same, may execute a lien or liens on the Kanawha river, the improvements thereof, the revenue arising therefrom, and on all the the property now in the possession of or under the control of said board. The said bonds shall be payable at not more than twenty years from their date, but the said board may reserve the right to redeem or pay the same at any time after five years from the date thereof, provided that in no event shall the state of West Virginia be tracts of board. liable for any of the debts or contracts of said Kanawha Board. Time bouds to run. State not to be liable for con Plan of improvement. Expenditure of tolls. 3. It shall be the duty of the Kanawha Board to prosecute the improvement of the Kanawha river either by contract or by agents of the board upon a plan and specifications to be recommended by a competent engineer and approved by the board, and the said board shall expend in such improvement, the surplus tolls arising from the river, which may not be required to meet the present liabilities of the board, or to pay the interest on the bonds authorized to be issued by this act, and to provide a sinking fund to pay such bonds at maturity. urer and col 4. The treasurer and collectors of tolls shall severally execute Bonds of treas. bonds with good security and in an amount to be approved by the lectors. Kanawha Board for the faithful discharge of their respective duties and the prompt accounting for and payment of all moneys that may come into their possession. The collectors shall render weekly accounts of the tolls collected by them, and shall pay to the treasurer at Accounts of colthe end of each week the money that they may have received during the preceding week. lectors. officers. 5. The officers and agents of the company may be allowed a Compensation of reasonable compensation for their services, to be fixed by the Kanawha Board, but the collectors of tolls shall be allowed a commission Commissions on the amount received and paid over by them, as a compensation for of collectors. their services, to be fixed by the Kanawha Board. lectors. 6. One of the collectors of tolls shall be stationed atl Chareston Stations of coland the other at Point Pleasant, and their collection districts shall be so arranged as to secure the collection of all the tolls. 7. The Kanawha Board shall make semi-annual reports to the Reports of board Board, of Public Works of all their transactions and of the amount of money received and the manner of expending the same; which report shall be published in a newspaper at the seat of government. board. 8. The Kanawha Board may elect one of their number president President of who shall perform such duties as may be assigned to him by the said Board, for which he shall receive a reasonable compensation to be His compensa. fixed by said board. Each director shall be entitled to three dollars Pay of directors. for each day's attendance on the meetings of the board. tion. tolls. 9. After the improvement of the river and the payment of the debts Reduction of contracted therefor, the rate of tolls shall be reduced so as to yield only a sum sufficient to pay expenses and keep the works in repair. 10. The Kanawha Board shall have power and authority to collect Rates of toll. tolls at not exceeding the following rates: For commodities transported on steamboats, flat-boats, barges and all other description of water-craft, between Charleston and the mouth of the river, and in the same proportion for transportation for less distance, that is to say, on salt, four mills per bushel; on wheat, beans, peas, dried fruit, flax and other seeds, one cent per bushel; on corn, potatoes, apples and corn meal, four mills per bushel; on bacon, three cents per one hundred pounds; on lard, butter, cheese and tallow, four cents per one hundred pounds; on sugar, four cents per one hundred pounds; on coffee, five cents per one hundred pounds; on cordage, four cents per one hundred pounds; on nails, iron and hemp, three cents per one hundred pounds; on flour, three cents per barrel; on cider, vinegar and pickles, six cents per barrel; on pork, beef and molasses, eight cents per barrel; on linseed, lard and refined coal or petroleum oil, ten cents per barrel; on crude petroleum or coal oil, eight cents per barrel; on whisky, rum, brandy, gin and foreign Rates of toll. Board of Public Works authoriz state in any ju against Virginia wine, one cent per gallon; on native wine, ten cents per barrel; on ale and beer, five cents per half barrel; and in the same proportion for larger or smaller packages; on salt fish, ten cents per barrel; on manufactured tobacco, five cents per one hundred pounds; on leaf tobacco, three cents per one hundred pounds; on live and slaughtered hogs, five cents each; on dry goods, 'ten cents per one hundred pounds; on pig iron, twenty cents per ton; on empty barrels, two cents per one hundred; on hoop poles for barrels, three cents per thousand; on hogshead poles, ten cents per thousand; on pipe staves, twenty cents per thousand; on all articles not enumerated, four cents per one hundred pounds; on coal, at the rate of one mill per ton per mile; on steamboats carrying passengers, one half cent per passenger per mile for each passenger carried; on lumber and timber, seventy-five cents per thousand feet, board measure. 11. In the event that the Board of Public Works should elect hereed to use name of after to proceed against the Virginia Canal Company or the James dicial proceeding River and Kanawha Company by inquisition, inquest or judicial proCanal Company, ceeding, more formally to ascertain the termination of their franchises over the Kanawha river, authority is hereby vested in it to institute such proceedings in the name of this state; and full benefit of such procedure shall inure to the state of West Virginia and of the perfecting of its title to the Kanawha river. or James River and Kanawha Company. Inconsistent acts repealed. 12. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. CHAPTER 115.-An ACT to provide for the Improvement of the Great Kanawha River. Passed March 3, 1869. WHEREAS, The Virginia Canal Company has failed to comply with the provisions of its original charter, granted by the state of Virginia on the twenty-ninth day of March, eighteen hundred and sixtyone; and has also failed to comply with the provisions of an act of the General Assembly of Virginia, passed third of February, eighteen hundred and sixty-six, which was intended to re-enact and amend said charter, and which last mentioned act was approved by this Legislature on the twentieth day of February, eighteen hundred and sixty-six; this Legislature, by virtue of the power reserved to it by the three before recited acts, doth hereby announce and declare, that by reason of the failure aforesaid, all rights, interests and franchises of the said Virginia Canal Company, within the jurisdiction of this state, have forever ceased and terminated as fully and effectually as if neither of the aforesaid acts had ever been passed; and whereas, the General Assembly of the state of Virginia, having by the thirteenth section of an act passed twenty-third March, eighteen hundred and sixty, entitled "An Act to amend the charter of the James River |