Meaning of Words "Logs or Timber."

Wherever the words "logs or timber" occur in this act, they shall be taken to mean logs and timber of every kind and description manufactured or unmanufactured. [Code 1887, p. 994; acts 1877, ch. 121, § 27.]

Rights of Property Holders on 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 property by the said corporation, their agents or employes. [Code 1887, p. 994; acts 1877, ch. 121, § 28.]

Provisions of Law Which Corporations Formed Under this Act are Subject to.

All corporations formed under this act shall be subject to the provisions 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 creditors 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 the 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 affect or impair the right and power of the legislature to provide for the connection, by canal or slack water, of the waters of the Chesapeake 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.

Boom Companies Heretofore Organized May Re-organize, Etc.

Any boom company heretofore incorporated may surrender its charter, and may procure a new charter and re-organize under the provisions of this act. [Code 1887, p. 995; acts 1877, ch. 121, § 31.]

⚫ measured, if the parties so desire it, by the commissioners authorized 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 error, said expenses shall be paid by them equally. [Code 1887, p 993-4; acts 1877, ch. 121, § 23, as amended by ch. 39, acts 1881.]

Logs, Timber, Etc., of Corporation Lodged on Land of Another, Within What Time to be Removed.

If any logs, timber, or other lumber of said corporation, 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 person 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 discretion 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 logs, timber or lumber remaining thereon. [Code 1887, p. 994; acts 1877, ch. 121, § 24, as amended by ch. 39, acts 1881.]

Obstructing Streams.

In case the owner of logs or other lumber placed in a stream above a boom erected thereon shall unreasonably delay driving said logs or lumber into said boom, so that persons, wishing to use said stream for driving or floating logs or other lumber into such 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 recovered before a justice of the peace or other judicial tribunal having jurisdiction, and shall constitute a lien on such logs or other lumber until the same shall be paid. [Code 1887, p. 994; acts 1877, ch. 121, § 25.]

Liability of Corporation for Logs, Etc.

The said corporation shall be liable for all 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 1877, p. 994; acts 1877, ch. 121, § 26, as amended by ch. 39, acts 1881.]

Meaning of Words "Logs or Timber."

Wherever the words "logs or timber" occur in this act, they shall be taken to mean logs and timber of every kind and description manufactured or unmanufactured. [Code 1887, p. 994; acts 1877, ch. 121, § 27.]

Rights of Property Holders on 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 property by the said corporation, their agents or employes. [Code 1887, p. 994; acts 1877, ch. 121, § 28.]

Provisions of Law Which Corporations Formed Under this Act are Subject to.

All corporations formed under this act shall be subject to the provisions 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 creditors 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 the 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 affect or impair the right and power of the legislature to provide for the connection, by canal or slack water, of the waters of the Chesapeake 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.

Boom Companies Heretofore Organized May Re-organize, Etc.

Any boom company heretofore incorporated may surrender its charter, and may procure a new charter and re-organize under the provisions of this act. [Code 1887, p. 995; acts 1877, ch. 121, § 31.]

Memorandum of Logs to be Filed with Clerk County Court.

But before the person driving logs into the said counties shall put their logs in any of the streams 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 compli d with, such corporation shall in no manner 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.]

Provisions of this Chapter to be Submitted to a Vote in Counties not Mentioned; How.

The county court 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 sa d county was mentioned in section one of this chapter. [Code 1887, p. 995; acts 1881, ch. 39, § 34.]

Obstructions to Streams.

That any person who shall fall timber and permit the same to remain in any of the streams of this state, that have been or may hereafter 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; ac's 1883. ch. 36.]

Rules for the Measurement of Logs, Lumber and Timber.

That "Scribner's rule" for the measurement of logs, lumber and timber of all kinds is hereby establ shed as the lawful rul in this state for the measurement of all kinds of lumber, logs and timber, unle s some other rule be agreed to. [Code 1887, p. 577; acts 1883, ch. 66.]

TIMBER DEALERS--PROTECTION OF.

May Adopt a Trade-Mark.

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.]

Form of Notice; Where Recorded, Published, Etc.

Every such dealer desiring to adopt a trade-mark, may do so by the execution of a writing in form and effect 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 fac 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 approved, 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 newspaper 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.]

Penalty for Using Trade-Mark of Another.

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 misdemeanor and fined not less than twenty nor more than two hundred dollars for each offense, 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. 993; acts 1882, ch. 119, $ 3.]