risdiction retain

3. The said consent is given, and the said jurisdiction Concurrent juceded, upon the express condition that the state of West Vir- ed by State, ginia shall retain concurrent jurisdiction with the United States in and over the said land or lands, so far as that all civil process in all cases, and such criminal or other process as may issue under the laws or authority of the state of West Virginia, against any person or persons charged with crimes or misdemeanors, committed within said state, may be executed therein in the same way and manner as if such consent had not been given or jurisdiction ceded, except so far as except as to prosuch process may affect the real or personal property of the States. United States.

perty of United

Jurisdiction not

States until title

4. The jurisdiction hereby cered shall not vest until the United States shall havé acquired the title to the said land to vest in United or lands by purchase or grant; and so long as the said land acquired. or lands shall remain the property of the United States, when acquired as aforesaid, and no longer, the same shall be and Land exonerated continue exonerated from all taxes, assessments or other charges which may be levied or imposed under the authority of this state.

from taxes.

injury to

5. It is further enacted, that any malicious, willful, reck- Punishment for less, or voluntary injury to, or mutilation of the grounds, grounds or buildbuildings, or appurtenances, shall subject the offender or of. ings. fenders to a fine of not less than twenty dollars, to which may be added, for an aggravated offense, imprisonment not exceeding six months in the county jail or work house, to be prosecuted before any court of competent jurisdiction.

CHAPTER 20.-An ACT to amend and re-enact sections 21 and 23 of chapter 116 of the Code of West Virginia, in relation to Juries.`

Passed February 7, 1870.

Be it enacted by the Legislature of West Virginia :

That sections twenty-one and twenty-three of chapter one hundred and sixteen of the code be amended and re-enacted so as to read as follows:

"21. Any court may allow a speciál jury in any case, to How special jube formed in the following manner, viz: The court shall ry formed.

be summoned.

Twenty jurors to direct the sheriff to form a panel of twenty qualified jurors, whom he shall summon, and who are free from just cause of exception, from which sixteen shall be chosen by lot; the parties thereupon, beginning with the plaintiff's attorney, or the prosecuting attorney when the state is a party, shall alternately strike off one, until the number be reduced to twelve; which number shall compose the jury for the trial of the case."

Selection of jury

for the trial.

Pay of jurors.

taxed.

"23. Any person summoned as aforesaid, by virtue of a venire facias or otherwise, and actually attending upon the court, whether he be called to serve on a jury or not, shall, for each day he so attends, be entitled to receive one dollar and fifty cents, and the same mileage allowed to witnesses, to be paid out of the county treasury; except that for any day that any person shall be sworn to serve on a case of felony, he shall, for that day, be paid two dollars out of the Jury costs to be state treasury. There shall be taxed in the costs against any person against whom a judgment on the verdict of a jury may be rendered in a case of misdemeanor, and against any person against whom judgment on a verdict of a jury may be rendered in a civil action, and against any person on whose motion the verdict of a jury is set aside and a new trial granted, six dollars for jury costs, which, when collected from the party, shall be paid into the county treasury. The clerk shall certify to the board of supervisors a correct list of all cases in which a jury fee has been taxed, payable into the county treasury, to enable the said board to settle with the sheriff therefor."

Time and place of sessions.

CHAPTER 21.-An ACT to amend and re-enact section 3 of chapter 113 of the Code of West Virginia, in relation to the terms of the Supreme Court of Appeals.

Passed February 8, 1870.

Be it enacted by the Legislature of West Virginia:

That section three of chapter one hundred and thirteen of the code of West Virginia be amended so as to read as follows:

"3. Two sessions of the supreme court of appeals shall be held every year at the seat of government, or such other

place as may be appointed for the purpose, in conformity to the seventh, eighth, and ninth sections of the one hundred and fourteenth chapter of this act. The said sessions shall Commencement commence on the second Thursday of January and the second Thursday of July respectively, and continue until the business is dispatched."

of sessions.

CHAPTER 22.-An ACT to amend and renew the charter of the West Virginia Central Railway Company.

Passed February 15, 1870.

Be it enacted by the Legislature of West Virginia:

1. That the second section of the act passed March 2, 1864, "to incorporate the West Virginia Central Railway Company," be amended and re-enacted so as to read as follows:

"2. The said company is hereby authorized to construct, equip, and operate a railway from any point on the Pennsylvania Route of road. line, in the county of Preston, or in the county of Monongalia, by the most practicable and convenient route to a point on the Chesapeake and Ohio railroad, at or near Charleston, in the county of Kanawha, with the right to extend the same Extensions, to a point at or near the mouth of the Big Sandy, or any other point on the Kentucky line, or any point on the Ohio river, so as not to interfere with the chartered rights of the Chesapeake and Ohio railroad; with such branches for the branches, and complete development of the country between the points aforesaid, as the company may desire; and may make such connections with the Chesapeake and Ohio railroad as will connections. facilitate the transfer of trade and travel upon the two railroads."

2. That the act passed March 3, 1868, "renewing the charter of the West Virginia Central Railway Company," be amended and re-enacted so as to read as follows:

"The charter of the West Virginia Central Railway Com- Charter renewed pany having expired by limitation and the failure to make any valid organization under it, the same as since and now amended and limited is renewed and revived and, with all the rights and franchises thereof, is hereby transferred to and and placed under placed under the control and direction of D. D. T. Farus- missioners.

control of com

named.

tract for con

Commissioners Worth, Z. D. Ramsdell, J. C. McGrew, Spencer Dayton, and William B. Crane, who are hereby appointed commissioners on the part of the state, whose duty it shall be to offer the benefits of the said charter for the acceptance of capitalists, so as to secure the speediest and best construction, equipment Authority to con- and operation of said railway. To this end they are empowstruction of road, ered to make a contract with any parties who shall give the best terms and the most satisfactory assurance of capacity and responsibility; and to introduce into said contract any addi tional stipulations for the benefit of the state, and in furtherance of the purposes herein declared, and not inconsistent with this act, which said contract shall be to all intents and purposes as much a part of the charter as if the same had been herein included at the passage of this act. The said commissioners shall have authority in person, or by such receive subscrip- agents as they may appoint, to receive subscriptions to the cipital stock, and to superintend the organization of any comCertificate to be pany formed for the purpose of this act. And the certificate tary of the state. of the said commissioners filed with the secretary of the state, showing the organization of said company, and the execution of the contract herein provided for, shall confer upon said company all the benefits of this charter; and all the rights. that are granted to the Chesapeake and Ohio railroad on the question of taxation shall also be granted to any company contracting under the provisions of this charter. No action of the said commissioners shall be valid unless concurred in by at least three of their number. They shall not directly or indirectly receive any emolument from, or have any interest in, any company created under this act, nor shall they receive from the State or from any other source any compensation for their services, or for any personal expenses incurred in the discharge of their duties under this act.

tions, and orgau

ize company.

filed with secre

Exemption from taxation.

Commissioners

not to receive any compensation.

Organization to

3. No organization under the said charter shall be made be approved by except with the approval of the said commissioners, and all organizations heretofore made or pretended under color of the said charter or in the name of the West Virginia Central Former organi Railway Company, are hereby declared to be without authority, illegal, and void.

zations declared

void.

CHAPTER 23.-An ACT authorizing the Trustees of the Methodist Episcopal Church, in Oceana, Wyoming county, to sell and convey their church property.

Passed February 15, 1870.

Be it enacted by the Legislature of West Virginia:

church to be used

The trustees of the Methodist Episcopal Church, in Authority to sell Oceana, Wyoming county, are hereby authorized to sell and for school purconvey their church property in said town, to the board of poses. education of Oceana township, in said county, or to any others who will purchase it for a school house.

CHAPTER 24.-An ACT to amend an act entitled "An Act to amend the charter of the Little Kanawha Navigation Company," passed March 4th, 1868.

Passed February 19, 1870.

Be it enacted by the Legislature of West Virginia :

1. The second section of an act entitled "An Act to incorporate the Little Kanawha Navigation company," passed February twenty-eighth, eighteen hundred and sixty-six, as amended by an act entitled "An Act to amend the charter of the Little Kanawha Navigation company," passed March fourth, eighteen hundred and sixty-eight, is hereby further amended so as to authorize the board of supervisors of the Supervisors of county of Wood to change their loan to the said company to to change loan a subscription to the capital stock thereof, of like amount, subject to the terms and conditions expressed in the said section, as the same is hereby amended.

Wood authorized

into subscription.

authorized to

2. The said second section is hereby further amended so as Certain counties to authorize and empower the several boards of supervisors make additional of the counties therein named, and the mayor and council of subscriptions the city of Parkersburg, respectively, to subscribe to the capital stock of the said company such additional sum or sums, as together with their several subscriptions and loans to the said company, if any, heretofore made, as in the whole shall not exceed the sum of thirty thousand dollars in each case; and the said counties and city are hereby severally authorized and empowered to issue their bonds to the said and issue bonds company in payment of said subscriptions, or additional subscriptions, upon such terms and conditions as may be agreed upon with the said company.

in payment.