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CHAPTER 97.-An ACT authorizing certain subscriptions to

the capital stock of an Iron Manufacturing Company in the county of Marshall.

Passed March 3, 1870.

Supervisors of Marshall and council of

au

scribe to

iron

Be it enacted by the Legislature of West Virginia:

The board of supervisors of the county of Marshall be and

are hereby authorized to subscribe, for and on behalf of said thorized to sub-county of Marshall, a sum not exceeding twenty thousand manufacturing dollars, and the common council of the town of Mounds

ville, for and on behalf of said town, are authorized to subscribe a sum not exceeding ten thousand dollars, to the capital stock of a company, now organizing in the county of Marshall, for the purpose of manufacturing iron and nails.

company.

CHAPTER 98.–An ACT to allow "The Marion County Agri

cultural, Mechanical and Mineral Association” further time in which to have the certificate of incorporation of said association recorded.

Passed March 3, 1870. Be it enacted by the Legislature of West Virginia: Thirty days al- That the joint stock company, known as “The Marion

, ing certificato. County Agricultural, Mechanical and Mineral Association,"

be allowed to record the certificate of incorporation issued by the secretary of the state to said association, on the eleventh day of November, eighteen hundred and sixty-nine, within thirty days from the passage of this act.

lowed for record

Exemption from penalty.

2. That said association is hereby exempted from the penalty prescribed by section twenty of chapter fifty-four of the code of West Virginia.

CHAPTER 99.-An ACT incorporating the Point Pleasant Lit

erary Society

Passed March 3, 1870.
Be it enacted by the Legislature of West Virginia :

1. That Rev. B. B. Blair, L. F. Campbell, D. P. Guthrie, S. H. Patrick, D. W. Polsley, William J. Kenny, George

Corporators.

Martin, John M. Phelps, Dr. C. T. B. Moore, H. R. Howard, George W. Tippett, F. A. Guthrie, Morris Seidler, John Reynolds, F. W. Sisson, William Wiley, Oliver Phelps, Julius Menager, and their associates, who are now, and such others as may hereafter become members of said society, shall be and are hereby constituted and declared a body corporate, Incorporation. politic, by the name of “The Point Pleasant Literary Society,” and by that name they and their successors shall Powers of the have perpetual succession, and a common seal ; shall be capable in law of suing and being sued in all the courts of law and equity in all matters whatsoever; and may purchase, hold and enjoy real and personal property, not to exceed at Its property. any one time the amount of five thousand dollars.

society.

and convey prop

any real

2. They and their successors, by the said name, shall have power to hold power and authority to give, grant, bargain, sell, lease or re- erty. lease, and convey to others, the whole or any part of any or personal estate of which they may become possessed ; and the said society shall ordain such constitution, by-laws, rules By-laws. and regulations, from time to time, as they shall judge proper for the government of said society; provided the same shall not be repugnant to the laws of the United States or of this state.

fer degrees.

3. The said society, when fully organized under this char- Authority to conter, shall have full power and authority to confer upon worthy persons such honorary degrees of a scientific and literary character as said society may determine.

4. The legislature may at any time alter or repeal this act. Act may be

.

CHAPTER 100.—An ACT to authorize the trustees of the

Methodist Church of Fairmont to sell their parsonage and
lot.

Passed March 3, 1870.
Be it enacted by the Legislature of West Virginia :

The trustees of the Methodist Church of Fairmont are here- Authority to sell by authorized to sell and convey

their

parsonage and lot in parsonage and

said town.

.

Next charter election,

Election biennial.

CHAPTER 101.—An ACT to amend the charter of the city of

Wheeling.

Passed March 3, 1870.
Be it enacted by the Legislature of West Virginia:

1. That the next charter election of Wheeling shall be held on the fourth Thursday of January, eighteen hundred and seventy-one. That thereafter the charter elections for

members of council and city officers shall be held biennially Termenfeoffice instead of annually; that members of the first branch of the

council shall be elected for the term of four years, and members of the second branch for the term of two years ; provided, that at the next charter election two members of the first branch of the city council shall be voted for in each ward, and the candidate receiving the highest number of votes shall be elected for four years, and the candidate receiving the next highest number of votes shall be elected for two years. And when the members thus elected are sworn into office, the term of office of all members heretofore elected shall expire.

council.

Term of office of city officers.

terms.

geant.

Lien on real estate for taxes.

2. That the mayor, city clerk, city sergeant, superintendent of water works, street commissioner, and wharf master, so elected by the qualified voters, for the term of two years, and that all other officers deemed necessary by the city council

shall be elected by the council for the term of two years. Sergeant ineligi- That the city sergeant, (and deputies who have served under ble for re-election him during the preceding year,) shall be ineligible for re-elec

tion after two successive terms, until one term shall have inPowers of ser- tervened; and that the powers of the city sergeant and his

deputies, under the ordinances of the city, shall extend to and embrace the Peninsula cemetery, and the approaches thereto; and that the city shall be empowered to enforce its lien upon real estate returned delinquent for the non-payment of city taxes and assessments thereon, by a sale thereof; and that

the office of city treasurer as now provided for by the charter, urer abolished. be abolished; the foregoing amendments to take effect on the

fourth Monday of January, eighteen hundred and seventy-one.

3. That the powers granted in section thirty-one of the charter of eighteen hundred and thirty-six be incorporated in the present charter.

4. And be it further enacted, That all acts under the present charter of the city of Wheeling, inconsistent with this, shall be repealed from and after the time the foregoing amendments take effect.

a

Office of trea s

When amendments to take effect.

Inconsistent acts repealed.

CH. 102.] Investments by Fiduciaries in C. &0. R. R. Bonds.

107

and fiduciaries

vest in bonds of

where it would

vest in U, S.

CHAPTER 102.-An ACT in relation to investments by savings
banks, trustees, executors, administrators, and guardians.

Passed March 3, 1870.
Be it enacted by the Legislature of West Virginia:

That it shall be lawful for any and all savings banks in this Savings banks state to invest the funds of said bank, and for any and all authorized to intrustees, executors, administrators, and guardians to invest C. & 0. R. R. Co., the funds under their control as such trustees, executors, ad- be lawful to inministrators, or guardians, in the six per cent gold bearing bonds. first mortgage bonds of the Chesapeake and Ohio Railroad Company, in all cases where it would be lawful for said banks, trustees, executors, administrators, or guardians to invest said funds in bonds representing the funded debt of the United States; and for investments so made, said trustees, executors, administrators, or guardians shall be subject to no Liability for such greater responsibility or liability than if said investments had been made in said bonds of the United States. Provided, No such investalways, that this act shall not be deemed to authorize any contrary to intrustee, executor, administrator, or guardian to invest any erning fiduciary. funds which he inay hold in any fiduciary capacity in said mortgage bonds, where the instrument under which he acts, or by which he is appointed such trustee, executor, administrator or guardian, shall expressly direct in what securities, (other than said bonds,) said funds shall be invested.

investment.

ment to be made

strument gov

CHAPTER 103.-An ACT to provide for opening and keeping
in repair the roads in the county of Hancock.

Passed March 3, 1870.
Be it enacted by the Legislature of West Virginia :

1. The voters of any township of the county of Hancock, Any township in assembled in stated or special meeting, may determine to adopt this act. adopt the provisions of this act to govern such township in keeping in repair the roads therein; provided, however, that Notice of intennotice of the intention to submit the question of the adoption tion to submit of the provisions of this act to a stated or special meeting as adoption. aforesaid, shall be signed by at least five voters of such township, and posted, at least ten days prior to such stated or special meeting, at three or more public places in the township; and provided further, that the determination to adopt

of such

the provisions of this act as aforesaid, shall be by a majority of the voters present and voting at such stated or special

meeting. If township 2. Any township meeting, as aforesaid, determining to adopt meeting adopt this act, notice the provisions of this act, as aforesaid, shall cause a notice to be given board of supervisors, of their action to be given to the clerk of the board of super

visors of the county, whose duty it shall be to lay the same before the said board at the first stated meeting after receiving such notice.

3. The board of supervisors of the county, after receiving the notice as provided in section second of this act, shall immediately proceed to divide the township so determining to accept the provisions of this act, into three road precincts, of as nearly as practicable equal extent, numbering the same.

Board of supervisors to divide township into three road precincts.

First election of road surveyors.

Their terms of office.

4. Road surveyors for the township so determining to accept the provisions of this act, shall be elected by the voters thereof, at the first annual election of other township officers after the passage of this act; and there shall be three such road surveyors so elected, no two of whom shall be chosen from the same road precinct, of whom the one who receives the highest number of votes shall hold his office for three years; the one who receives the next highest number of votes shall hold his office for two years, and the one who shall receive the next highest number of votes shall hold his office for one year; but those who receive an equal number of votes shall, if elected, determine their respective terms of office by lot.

5. The term of office of said road surveyors shall commence on the first day of January next after their election.

When term to commence,

Annual election of surveyor.

6. After the first election therefor in any township, one road

surveyor for such township shall be annually elected, who shall be a voter of the township, residing in the road precinct of his immediate predecessor, whose term of office shall commence on the first day of January next after his said election, and shall continue in office for three years.

His term of office,

7. When there is a vacancy in the office of road surveyor as aforesaid, the same shall be filled for the unexpired term at the next annual election thereafter ; but, in the meantime,

How vacancy in office of sur

veyor filled.

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