granted by this act; provided, however, that for all other Proviso. purposes the same shall have the same force and effect as if against compa this act had never been passed; and said company shall have Suits by and the right and power to sue and be sued in any of the courts my. of this state. former acts. 11. Said company shall have all the rights, powers and Rights under privileges granted to it under an act of the general assembly of Virginia, passed March twentieth, eighteen hundred and fifty-three, and its supplements, as fully as if the same were incorporated in this act, and be subject to all restrictions not inconsistent with this act or any of its provisions. amended. 12. The legislature reserves the right to alter or amend, Act may be but such alteration or amendment shall not affect or impair the right of the creditors of said company to have the property and assets applied in discharge of their respective claims, nor of the stockholders to have the surplus which may re- Proviso. CHAPTER 26-An ACT allowing further time to William E. Lyon and Arthur W. Martin, of Harrison county, to collect certain taxes, county levies, militia fines and officers' fees. Passed February 21, 1870. Be it enacted by the Legislature of West Virginia: allowed to dis It shall be lawful for William E. Lyon, late collector of Lyon and Martin the public revenue, county levies, militia fines and officers' train fees, for the county of Harrison, for the years eighteen hundred and sixty-one, and eighteen hundred and sixty-two, and Arthur W. Martin, his deputy, to distrain for and collect in the mode now prescribed by law, at any time within two years from and after the passage of this act, any state taxes, county for two years for levies, militia fines and officers' fees, that may be due them, fines, and fees. or either of them, as such collector and deputy for the years eighteen hundred and sixty-one, and eighteen hundred and sixty-two, with interest thereon at the rate of six per cent per annum, from and after the first day of August, eighteen hundred and sixty-two. taxes, levies, Service and return of order. son served. CHAPTER 27.-An ACT to amend and re-enact section 121 of chapter 50 of the Code of West Virginia, in relation to suggestions on judgments of Justices. Passed February 21, 1870. Be it enacted by the Legislature of West Virginia: Section one hundred and twenty-one of chapter fifty of the code of West Virginia is hereby amended and re-enacted so as to read as follows: "121. The order shall be signed by the justice, and served and returned like a summons, but the exact time of service shall be stated in the return. And the person against whom it is served, from the time of the service thereof, shall be Liability of per- liable to the judgment creditor for whatever effects (real estate excluded) of the judgment debtor, not exempt by law from execution, were in his possession or control when the order was served, and whatever amount he was then liable for to the judgment debtor, whether then due and payable or thereafter to become so, but so far only as may be necesJudgment debtor sary to satisfy the judgment, including the costs of the proto have notice. ceedings upon the suggestion. Provided that the judgment debtor, if found within the county, shall be served with notice in writing at least three days before the hearing on the suggestion before the justice, which notice shall be served in the same manner that the suggestion is served." Officers embezzling deemed CHAPTER 28.-An ACT to prevent public officers from embezzling money or property entrusted to them. Passed February 21, 1870. Be it enacted by the Legislature of West Virginia: If any officer of this state or any county or township thereof guilty of larceny. embezzle or fraudulently convert to his own use money, bank notes, or other security for money, or any effects or property of another person, which shall have come to his possession, or been placed under his care or management, by virtue of his office, place, or employment, he shall be deemed guilty of larceny thereof. CHAPTER 29.-An ACT providing for the location of the county seat of Mercer county. Passed February 23, 1870. Be it enacted by the Legislature of West Virginia: tion of county It shall be lawful for the board of supervisors of Mercer Election on locacounty to order the holding of a special election in said seat. county, after having first given thirty days' notice thereof by posting notices at not less than five public places in each township in said county, to take the sense of the qualified voters of said county as to whether Princeton or Concord Church shall be the county seat of said county, and the place Majority vote to receiving the greatest number of the votes cast at said election, shall be and remain the county seat of said county, until removed by a three-fifths vote of the people of said county, at an election held for that purpose according to law. determine. repealed. All acts or parts of acts inconsistent with this act, are Inconsistent acts hereby repealed. CHAPTER 30.-An ACT to change the times of holding the Passed February 24, 1870. Be it enacted by the Legislature of West Virginia: in The time of holding the courts in the ninth judicial circuit Terms of courts shall be as follows: For the county of Wirt, on the second Monday in March, wirt, the third Monday in August, and the third Monday in No vember. For the county of Pleasants, on the third Monday in Pleasants, March, and the second Monday in August, and November. For the county of Wood, on the first Monday in April, Wood. September, and December. CHAPTER 31.-An ACT to authorize circuit judges in vacation to dissolve injunctions. Passed February 24, 1870. Be it enacted by the Legislature of West Virginia : The judge of a circuit court in which a case is pending wherein an injunction is awarded, may, in vacation, dissolve such injunction, after reasonable notice to the adverse party. His order for dissolution shall be directed to the clerk of the said court, who shall record the same in the order book. Corporators. Subscription books, Capital stock. Route of road. Shares of stock. CHAPTER 32.-An ACT amending the charter of the Parkersburg and Sandy Railroad Company. Passed February 24, 1870. Be it enacted by the Legislature of West Virginia: 1. Section one of the act of the General Assembly of the re-organized government of Virginia, passed January tenth, eighteen hundred and sixty-two, entitled "An act incorporating the Parkersburg and Sandy Railroad Company," as amended by the act of the legislature of West Virginia, passed March fifth, eighteen hundred and sixty-eight, entitled "An act amending the charter of the Parkersburg and Sandy Railroad Company," is hereby amended and re-enacted so as to read as follows: "1. It shall be lawful to open books in the city of Parkersburg, in the county of Wood, under the direction of M. C. C. Church, J. N. Camden, J. C. Rathbone, E. S. Butcher; and in the town of Ravenswood, in the county of Jackson, under the direction of R. S. Brown, B. D. Williams, J. A. Smith, R. C. Brown, D. J. Keeney; and in the town of Ripley, in the said county, under the direction of F. R. Hassler, J. D. Armstrong, J. H. Riley, E. Maguire, George Shinn; and in the city of Charleston, in the county of Kanawha, under the direction of C. W. Smith, J, S. Burdett, John Slack, jr., Wesley Molohan, H. C. McWhorter, for the purpose of receiving subscriptions, to an amount not exceeding five millions of dollars, to constitute a joint capital stock for the purpose of constructing a railroad from Parkersburg, in the county of Wood, to Charleston, in the connty of Kanawha; said road to pass through the town of Ripley, in the county of Jackson." 2. Section two of said act is hereby amended so as to read as follows: "2. The capital stock of said company shall be divided into shares of fifty dollars each, and when one thousand shares of said capital stock shall have been subscribed, the ny. subscribers, their executors, administrators and assigns, shall Incorporation. be and are hereby incorporated into a company politic and corporate, by the name and style of "The Parkersburg, Rip- Style of compaley and Charleston Railroad Company," subject to all the provisions and entitled to all the benefits of the code of West Company subject Virginia, except so far as the provisions of this act may be inconsistent therewith." 3. Section three of the said act as amended as aforesaid is hereby amended and re-enacted so as to read as follows: to code. row money and ment. "3. The said company shall have power to borrow money Authority to borfor the purpose of carrying out the object of this act, and to secure its payissue proper certificates or evidence of such loan, and to pledge the property of the company for the payment of the same, and the interest that may accrue thereon. The said company shall commence the construction of said railroad commencement and completion within four years, and complete the same within twelve years of road. from the passage of this act." Time allowed for scription by any submitted by the sors. ters favorable, sors to subscribe, 4. It shall be lawful for the board of supervisors of any Question of subcounty to take the sense of the qualified voters of their coun- county may be ties, and of all white male residents thereof, who are neither board of superviminors, persons of unsound mind, paupers, nor under conviction of treason, felony, or bribery in an election, and who have been residents of the state for one year, and of the county thirty days, next preceding, and are assessed with a tax therein for the year in which such vote may be taken, or the year previous thereto, upon the question of a subscription to the corporate stock of said company; and should a majority If majority of voof the persons who may vote on such question, vote in favor board of superviof the proposed subscription, the said board of supervisors shall appoint an agent to subscribe, on behalf of the county, for the amount of stock which may have been authorized by said vote, and to negotiate a loan or loans, in the name of the county, at a rate of interest not exceeding ten per cent per annum, for the purpose of paying said subscription of stock; and said board of supervisors may issue the bonds, coupon or issue bonds, and registered, of the county for the amount of said loans; and it shall be the duty of said board of supervisors, from time to time, to assess and collect taxes upon the taxable subjects of collect taxes for their counties, including the same subjects in the incorporated cities, towns or villages, sufficient to pay the interest on said loan, and for the final extinction of the principal thereof. No their payment. |