I. Company to pass timber marked for any boom below, Rowlesburg L. & comes into their boom, be distinctly marked and designed for any boom below said railroad bridge. And if said Rowlesburg Lumber and Iron Company, or its agent, fail or refuse, upon demand of the owner, or his agent, to pass any logs, lumber, or other timber, marked as aforesaid, through their boom, within a reasonable time, not exceeding ten days from the time it may be lodged in their boom, and so demanded to pass through the same,,or within three days from the time the boomage properly chargeable on any logs, lumber, or and on failure, to other timber, not so marked, shall be actually paid, and so be liable for damages. Last mentioned lien for boomage demanded to be passed through said boom, then said Rowlesburg Lumber and Iron Company shall be liable to the party aggrieved for double the amount of the actual damages sustained by such party. No judgment for damages, in any case, to be less than fifty dollars, any verdict or evidence to the contrary notwithstanding. The said Rowlesburg Lumber company to have and Iron Company to have the same lien for boomage, and and certain priv- the same facilities for measuring logs and lumber, condemnby former char- ing lands for the erection of booms and works, and the same facilities for enforcing their lien, as is granted in the foregoing charter of the Cheat River Boom and Lumber Company. And provided further, that nothing herein shall be construed to prevent the said Rowlesburg Lumber and Iron Company from the exercise of the privileges granted by the fourth section of their charter subject to the restrictions therein. ileges conferred ter. Act may be amended. 12. The right is reserved to the legislature to alter or amend this act. But such alteration or amendment shall not affect the rights of creditors, or impair the vested rights of the corporators. CHAPTER 109.-An ACT amending the act, entitled "An act establishing a Code of Laws for this State," in relation to proceedings for a rehearing after judgment or decree. Passed March 3, 1870. Be it enacted by the Legislature of West Virginia: 1. Section twenty-six of chapter one hundred and six of the act entitled "An act establishing a code of laws for this state," known as the "Code of West Virginia," is hereby amended and re-enacted so as to read as follows: against whom publication, may hearing. "26. If a defendant against whom, on publication, a judg- Defendant, ment or decree has been or shall hereafter be rendered, in an judgment on action or suit in which an attachment has been or may be sued petition for reout and levied as provided in this chapter, or his personal representative, shall return to or appear openly in this state, he may, within one year, after a copy of such judgment or decree has been or shall be served upon him, at the instance of the plaintiff, or within five years from the date of such judgment or decree, if he be not so served, petition the circuit court of the county in which such judgment or decree was rendered, to have the action or suit and proceedings therein reheard. And Rehearing may if any such defendant, or his personal representative, has here- tion heretofore tofore appeared as aforesaid, and filed or tendered his petition for such rehearing as aforesaid, in any such action or suit, within the time required by law, and such application or petition be pending and undetermined in the circuit court at the time of the passage of this act, a rehearing in such action or suit shall and may be had as provided in section thirty of this chapter." 2. Section thirty of chapter one hundred and six of the above recited act is hereby amended and re-enacted so as to read as follows: be had on peti filed. mitted to make ing undertaking "30. The defendant, or his personal representative, upon Defendant perexecuting and acknowledging an undertaking, with good defense, upon filsecurity, to be approved by the circuit court in which such for costs. application or petition for a rehearing is, conditioned to pay all such costs as have been or may be awarded against him in the action or suit in which the judgment or decree was rendered, in case he shall fail to obtain a judgment or decree therein, shall be permitted to make such defense in such action or suit as he might have made if he had appeared therein before such judgment or decree was rendered." 3. Section fourteen of chapter one hundred and twentyfour of the above recited act is hereby amended and reenacted so as to read as follows: with process and pear, may peti "14. Any party who was not served with process in this Party not served state, and did not appear in the action or suit before the date of who did not apsuch judgment, decree or order, or the personal representative tion' for rehear of such, may, within one year from that date, if he be not served with a copy of such judgment, decree or order, at the ing. Provisions of instance of the plaintiff, more than one year before the end of chapter 106 applicable to pro- said time, and if he was so served, then within one year from ceedings under this section, Sections 27, 28 and 29 of chap the time of such service, file his petition to have the proceedings reheard, in the manner and form provided for by sections twenty-six and thirty of chapter one hundred and six; and all the provisions of those sections, and of sections thirty-one and thirty-two of chapter one hundred and six, are hereby made applicable to proceedings under this section." 4. Sections twenty-seven, twenty-eight and twenty-nine of ter 106 repealed. chapter one hundred and six of the above recited act are hereby repealed. Preamble, CHAPTER 110.-An ACT to legalize a deed. Passed March 3, 1870. WHEREAS, The Western Mining and Manufacturing Company, of Boone county, West Virginia, acting under the authority of a large majority of its stockholders, has, by deed dated February seventh, eighteen hundred and seventy, transferred and conveyed all its property, real and personal, to the Conveyance re-"Philadelphia Cannel Coal Company," subject, however, to the payment of all claims, legal or equitable, against said property; and, whereas, some doubt has arisen as to the legality of said transfer and conveyance; now, therefore, cited. Conveyance legalized, but not Be it enacted by the Legislature of West Virginia : That the said transfer and conveyance be and the same are to affect claims hereby declared legal. Provided, however, that the payment against property of no claims, legal or equitable, against said property, shall be affected by anything contained in this act. CHAPTER 111.-An ACT to amend and re-enact section 14 of chapter 45 of the Code of West Virginia. Passed March 3, 1870. Be it enacted by the Legislature of West Virginia: Section fourteen of chapter forty-five of the Code of West Virginia is hereby amended and re-enacted so as to read as follows: ars to adjoining ized. affect enumera "14. Whenever it shall happen that persons are so situ- Transfer of scholated as to be better accommodated at the primary school of district authoran adjoining district, whether in the same or an adjoining township or county, or whenever it may be necessary to establish a school composed of pupils from parts of two districts, whether in the same or an adjoining township or county, it shall be the duty of the trustees of the districts interested, to transfer such persons, for school purposes, to the district in which such school house is or may be situated; but the enumeration of youths shall be taken in each dis- Transfer not to trict as if no such transfer had been made; and such school, tion. when so composed, shall be supported from the funds of the respective districts from which the pupils may have been transferred, in proportion to their number; and the trustees of the district in which the school is situated shall have the management of such school; and the trustees of the districts so connected for school purposes shall each make the proper estimate of their share of the expenses of every kind necessary to sustain said school, and certify the same to the school Scholar transboards of their respective townships, as a part of their annual share of school estimates for school purposes, which boards shall draw orders trict. on their respective township treasurers for such sum as will be in proportion to the enumeration of youths so transferred, in favor of that township in which such school is located, to be appropriated to the payment of teachers, and for other purposes connected with the establishment and maintenance of such schools; provided, that in all cases of transfers, the scholar transferred shall only carry with him his pro rata share of the school funds of his own district." ferred to take fund of his dis CHAPTER 112.-An ACT for the relief of Francis D. Hick man. Passed March 3, 1870. Be it enacted by the Legislature of West Virginia: ance on com. There shall be paid out of the treasury of the state to $451 20 approFrancis D. Hickman, of Doddridge county, four hundred priated for baland fifty-one dollars and twenty cents, balance due for com- missions, etc. missions and delinquent list for the year eighteen hundred and sixty. Board of public works may conon state funds. CHAPTER 113.-An ACT regulating the deposits of State funds, and to secure interest thereon. Passed March 3, 1870. Be it enacted by the Legislature of West Virginia: 1. The board of public works, consisting of the governor, tract for interest auditor and treasurer, are hereby authorized to contract with the designated depositaries of money belonging to the state, for a rate of interest on said funds of not less than three nor more than six per cent. Limit to amount of deposit. Security for de 2. No one of said depositaries shall be allowed to have a sum exceeding one hundred thousand dollars of said funds on deposit at any one time. 3. Said board shall require said depositaries to give good posits to be given personal security, or deposit with said board United States or other securities sufficient to indemnify the state against loss. Preamble. Marriage legalized. CHAPTER 114.-An ACT to legalize the marriage of Andrew Passed March 3, 1870. WHEREAS, Andrew J. Collins and Sarahetta Cottrill of the county of Gilmer, being first cousins, were, on the nineteenth day of September, eighteen hundred and sixty-nine, duly married, in violation of the tenth section of chapter sixtythree of the code of West Virginia; and, whereas, said marriage would not have been in violation of law previous to the passage of said code; and, whereas, at the time of said marriage said code had not been published, and the provision prohibiting first cousins from intermarrying was unknown to said parties; therefore, Be it enacted by the Legislature of West Virginia: The marriage of the aforesaid Andrew J. Collins with Sarahetta Cottrill is hereby legalized and made valid, and said parties are exempt from any penalties incurred by them by their marriage aforesaid. |