Supervisors of scribe to iron 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. 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 Moundsville, 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. Thirty days allowed for record CHAPTER 98.-An ACT to allow "The Marion County Agricultural, 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 : That the joint stock company, known as "The Marion ing certificate. 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. 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. Corporators. CHAPTER 99.-An ACT incorporating the Point Pleasant Literary 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 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 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 real 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 amended. 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 lot. said town. Next charter election, Election bien nial. Terms of office of members of council. city officers. Sergeant ineligi after two terms. CHAPTER 101.-An ACT to amend the charter of the city of 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 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. Term of office of 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. That the city sergeant, (and deputies who have served under ble for re-election him during the preceding year,) shall be ineligible for re-election 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. geant. Lien on real estate for taxes. Office of trea s When amend ments to take effect. Inconsistent acts repealed. 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. CH. 102.] Investments by Fiduciaries in C. & O. R. R. Bonds. 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: 107 and fiduciaries vest in bonds of c. & O. R. R. Co., where it would be lawful to in vest in U. S. 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 the funds under their control as such trustees, executors, administrators, 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 investment. 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 may 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. 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: Hancock may question of such 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 If township meeting adopt this act, notice to be given board of supervisors, Board of super visors to divide three road precincts. the provisions of this act as aforesaid, shall be by a majority of the voters present and voting at such stated or special meeting. 2. Any township meeting, as aforesaid, determining to adopt the provisions of this act, as aforesaid, shall cause a notice of their action to be given to the clerk of the board of supervisors 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 township into 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. First election of road surveyors. Their terms of office. When term to commence. Annual election of surveyor. His term of office. How vacancy in office of surveyor filled. 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. 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. 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, |
