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necessary for certain voters.



on certain conditions.

Registration not registration of the persons herein named, who are not quali

fied voters under the constitution of this state as amended,

shall be required to enable such persons to vote on said quesPlaces of voting. tion. The vote shall be taken at the several places of voting

in each county, and a notice thereof shall be posted at such

places, and at three other public places in each township, at If first vote un- least twenty days prior thereto. Upon the failure of a majorer may be taken. ity of the said persons, who may vote upon the said question

of subscription, to vote in favor thereof, it shall be lawful for the board of supervisors to direct another vote of the said

county in favor thereof. It shall be lawful for the board of Vote on different supervisors to direct another vote of said persons to be taken

upon the question of subscribing a different amount. It Subscription up- shall be lawful for the board of supervisors of any county to

direct such vote to be taken upon the question of subscription to the stock of such company, upon such conditions as they may deem proper, which conditions the said board shall insert in their order directing the said vote; and if a majority of the votes cast on said question shall be in favor of such conditional subscription, the agent appointed as aforesaid to

subscribe for said stock shall subscribe for the same upon Conditions must the conditions prescribed in the said order, which conditions if such subscrip- shall be strictly complied with by said company, if it accepts

such subscription; and upon the failure or refusal of the said company to comply with such conditions, or any of them, the

circuit court of the county shall have full power and authorpliance.

ity to compel such compliance, by mandamus or injunction, or Election not to both, as the case may require. Provided, the election herein be held on day of

mentioned shall not be held on the day of any general election, and that the expenses thereof shall be paid by the counties.


be complied with

tion accepted.

Circuit court may compel com

general election.

CHAPTER 33.-An ACT repealing sections 10, 11, 12, and 13

of chapter 136 of the Code of West Virginia.

Passed February 25, 1870.

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Be it enacted by the Legislature of West Virginia:

Sections ten, eleven, twelve and thirteen of chapter one scribing oath for suitors repealed.

hundred and thirty-six of the code of West Virginia are hereby repealed.

Sections pre

or running deer

CHAPTER 34.–An ACT to amend and re-enact section 1 of

chapter 62 of the Code of West Virginia, in relation to the
killing of deer.

Passed February 25, 1870.
Be it enacted by the Legislature of West Virginia :

Section one of chapter sixty-two of the Code of West
Virginia is hereby ameuded so as to read as follows:

“1. No person shall kill any deer from the first day of Time for killing January until the fifteenth day of August next following, in limited. each year, or run any deer with dogs from the first day of January until the fifteenth day of October, in each year. Any one violating this law shall be fined twenty dollars. One Penalty for viohalf of the fine shall go to the informer, and the other half lation of law. into the school fund. Any person found with any recently Presumption as killed venison or fresh deer skins in his possession, during the to killing of deer. time in which the killing of deer is prohibited by this act, shall be deemed, for the purposes of this act, prima facie to have killed said deer. Provided, this section shall not apply Section not to apto deer killed in any park.”

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CHAPTER 35.–An ACT to provide for the payment of cer

tain military claims.

Passed February 25, 1870.


Be it enacted by the Legislature of West Virginia :
That the sum of six thousand seven hundred and eighty- $6,786 22 appro-

priated six dollars and twenty-two cents is hereby appropriated and claims audited · placed at the disposal of the governor for the payment of by board. certain military claims, audited by the board of claims under and by virtue of an act passed March third, eighteen hundred and sixty-nine, entitled “an act creating a board for the examination of certain military claims,” as exhibited in the report of said board, dated January twenty-second, eighteen hundred and seventy, and additional claims audited since that date by the board of military claims.

Securities released.

CHAPTER 36.–An ACT for the relief of the securities of
James Bartram, late sheriff of Wayne county.

Passed February 25, 1870.
Be it enacted by the Legislature of West Virginia :

That William Shannon, H. Retherford, William Bartram, and Hiram Bloss be and are hereby released from their liabilities as securities on the bond of James Bartram, late sheriff of Wayne county, so far as such liability is applicable to taxes due the state, and no further.

CHAPTER 37.–An ACT to incorporate the New River Rail

road Company

Passed February 25, 1870.

Be it enacted by the Legislature of West Virginia:

1. H. Chester Parsons, Jerome T. Bowyer, John A. HunCorporators.

ter, H. C. Cabell, Alexander R. Humphreys, George Evans, William B. Crump, Albert G. Pendleton, M. Chapman, F. W. Mahood, Chapman J. Johnston, Charles E. Wortham, General John E. Mulford, Robert H. Maury, Thomas Ewing, Jr., Henry C. McWhorter, A. Pack, John M. Hutchinson, Frank Hereford, Jaban B. Alexander, Joseph Cloyd, John B. Baskerville, Waller R. Staples, Charles Roland, Charles C. Gardner, Benjamin Eggleston, David Franchot, Oakes Ames, Wyllis Phelps, and John B. Blair, and their associates, successors, and assigns, and all who shall become stockholders, when three thousand shares of the capital stock shall have

been subscribed as hereinafter provided, are hereby made a Incorporation.

body politic and corporate, by the name, style, and title of Style of com

“The New River Railroad Company," provided said subpany. Time of subscrip

scription shall be made in good faith within four years after the passage of this act.

2. The said company is hereby authorized to construct a Authority to construct railroad. railroad from some point on the Chesapeake and Ohio rail

road, at or near the mouth of Greenbrier river, to some point on the Virginia and Tennessee railroad, at or near the point where said road crosses New river, and the general location of said line shall be along or near the line of New river, and to provide everything necessary for the equipment and use of said railroad.

tion limited.


Location of route.

3. The capital stock of said company shall not exceed the Capital stock. sum of five millions of dollars, to be divided into shares of one hundred dollars each, and shall be considered as personal property and transferable; and each share shall entitle the holder thereof, either in person or by proxy, to cast one vote How stock voted, in all meetings of the stockholders of said company. And for the purpose of obtaining subscriptions to the said capital stock, books


be opened under the direction of the per- books. sons named in the first section of this act, or any three or more of them, at such time and place, or places, as the persons who act in that behalf shall deem expedient, and payment may be made for any part of such subscription either Subscriptions in in lands or other property; and the said company may receive property. voluntary donations of lands or other property, and hold the Donations. same as part of its capital stock.



4. In case the said company shall organize and proceed to Subscriptions

after organizaact as a corporate body before the whole amount of capital tion. stock shall have been subscribed, the president and directors shall have power to receive further subscriptions. And it may be lawful for bodies corporate and politic to subscribe Subscriptions by

corporations. for and be owners of the capital stock, or any part thereof, of said company.

Elec.ion of directors

5. Whenever five thousand shares of the said capital stock shall have been subscribed for, the said company may be organized by the election of ten directors, who from their own number may elect a president and vice president, and may appoint and provide for the necessary officers of said com- and officers. pany. The said president and directors shall have power and authority to conduct all the business of said company; to Directors may borrow money for its use; to execute deeds of trust or mort- and secure its gages on its property in order to secure the payment of all its debts, contracts, or liabilities, or any of them.

borrow money


6. The first meeting of the stockholders of said company First meeting of shall be held at Union, in the county of Monroe, and all subsequent meetings at such station upon the line of said road as the directors from time to time may appoint. And the said stockholders shall have authority at their first meeting, or any subsequent meeting, to fix and determine the place of

Principal office meeting of the directors, and the principal office of said of company. company.

Quorum of directors.

7. A majority of the directors shall constitute a quorum.


8. The said company may and shall have full power and authority to locate, construct, and maintain any branch railroad or railroads, not exceeding twenty miles in length, to any coal or timber lands owned by the said company.

Representation of bondholders

9. The stockholders of the said company may admit the in stockholders

' bondholders under any mortgage authorized by the company,

to representation in the meetings of the stockholders.


Exemption from 10. The property of the said company shall be exempt taxation.

from taxation until its net revenues may pay ten per cent upon its capital stock.

Commencement and completion of road.

11. The said company shall commence work upon its line within six months from the completion of the Chesapeake and Ohio railroad, and shall complete its entire line within three years thereafter.

Company subject 12. This charter shall be subject to chapters fifty-two and to code of West Virginia. fifty-three of the code of West Virginia, so far as the provi

sions of the same are applicable thereto, and consistent with this act.

Act may be 13. The legislature reserves the right to alter or amend amended, but not so as to affect this act; but such alteration or amendment shall not affect rights of creditors or stock- the right of the creditors of the corporation to have the proholders.

perty and assets thereof applied in discharge of their respective claims, or of the stockholders to have the surplus which may remain after providing for the debts and liabilities of the company, distributed among themselves, according to their respective interests.

CHAPTER 38.-An ACT for the extension of the Pittsburgh,

Virginia, and Charleston Railroad across West Virginia.

Passed February 25, 1870.

Former rights renewed.

Be it enacted by the Legislature of West Virginia :

1. That all the rights, privileges and franchises heretofore granted by the legislature of West Virginia, to the Monon

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