Land not to be taken for streets ment of damages. 27. No new street, alley or foot-path, (not heretofore proexcept upon pay- vided by survey,) shall be laid off on or opened through any lands within the corporate limits of the said town, unless the owners of said lands be first duly compensated by assessment and payment of proper damages. Incorporation to be void, on fail charter. 28. Whenever the mayor and trustees of said town shall ure to carry out fail in any one year to cause to be levied a tax upon the property, both real and personal, of said town, for the purpose of keeping in repair the streets and alleys thereof, or shall fail in any way to carry out the provisions of the original act of incorporation, or this amendatory act, all such acts of incorporation shall be null and void, and the property of the citizens of said town shall be liable to be assessed with county taxes for all purposes, as well as road tax. Act may be amended. 29. This act shall at all times be subject to modification or repeal at the pleasure of the legislature. Claims within this state may be audited. CHAPTER 49.-An ACT to authorize the Board of Public Passed February 28, 1870, Be it enacted by the Legislature of West Virginia : That the board of public works are hereby authorized to audit all claims against the state of Virginia, which are due and unpaid within the bounds of this state, and report to the next legislature. Fleisher authorized to send chil CHAPTER 50.-An ACT to authorize Solomon Fleisher, of Highland county, Virginia, to send his children to school in West Virginia. Passed February 28, 1870. Be it enacted by the Legislature of West Virginia : That Solomon Fleisher, of Highland county, state of Virdren to school in ginia, is hereby authorized to educate his children, free of Franklin town county. ship, Pendleton charge, other than that provided by law, at the free school in Franklin township, Pendleton county, West Virginia, so long as he continues in his present situation. CHAPTER 51.—An ACT to amend the law relating to sales under deeds of trust. Passed February 28, 1870. Be it enacted by the Legislature of West Virginia: Section six of chapter seventy-two of the Code of West Virginia is hereby amended and re-enacted so as to read as follows: default, if re "6. The trustee in any such deed, except so far as may be Trustee to sell on therein otherwise provided, shall, whenever required by any quired.' creditor secured or any surety indemnified by the deed, or the personal representative of any such creditor or surety, after the debt due to such creditor, or for which such surety may be liable, shall have become payable, and default shall have been made in the payment thereof, or of any part thereof, by the grantor, sell the property conveyed by the deed, or so much thereof as may be necessary, at public auction, for cash, having first given reasonable notice of the Notice of sale. time and place of sale; and shall apply the proceeds of sale, first to the payment of expenses attending the execution of proceeds. the trust, including a commission to the trustee of five per Application of cent on the first three hundred dollars, and two per cent on the residue of the proceeds, and then pro rata, (or in the order of priority, if any, prescribed by the deed,) to the payment of the debts secured, and the indemnity of the sureties indemnified by the deed, and shall pay the surplus, if any, to the grantor, his heirs, personal representatives or assigns." CHAPTER 52.-An ACT to authorize the Young Ladies' Institute of Wheeling to confer literary degrees. Passed February 28, 1870. Be it enacted by the Legislature of West Virginia: That the Young Ladies' Institute, an institution of learning Authority to for the thorough and systematic education of females, situ- confer degrees, ated in the city of Wheeling, in the county of Ohio, and conducted by Professor W. Sheldon Hutchins and Mrs W. S. Hutchins, principals, shall have the power to confer such literary degrees as are usually conferred by the female institutions of similar character. berling, adm'r. CHAPTER 53.-An ACT to refund certain taxes. Passed February 28, 1870. Be it enacted by the Legislature of West Virginia: $80.67 appropriThe auditor is hereby directed to issue his warrant upon the tted to refund taxes to E. Kim- treasury for eighty dollars and sixty-seven cents, in favor of E. Kimberling, administrator of Samuel Windon, deceased, for state and state school taxes erroneously paid for the year eighteen hundred and sixty-six, on one hundred and sixtyone and a quarter acres of land, situate in Waggener township, Mason county. Corporate limits. CHAPTER 54.-An ACT to repeal an act passed March 5, 1868, entitled "An act enlarging and extending the corporate limits of the town of Weston, Lewis county." Passed February 28, 1870. Be it enacted by the Legislature of West Virginia : The act passed March fifth, eighteen hundred and sixtyeight, entitled "An act enlarging and extending the corporate limits of the town of Weston, in Lewis county," is hereby repealed, and the corporate limits of the said town of Weston shall stand and remain as they were before the passage of the said act. Corporate limits. CHAPTER 55,-An ACT to amend the charter of the town of Passed February 28, 1870. Be it enacted by the Legislature of West Virginia: 1. The first and eighth sections of an act entitled "An act to amend the charter of the town of Elizabeth in the county of Wirt," passed February twentieth, eighteen hundred and sixty-seven, be amended and re-enacted so as to read as follows: "1. The corporate limits and boundaries of the town of Elizabeth, in Wirt county, shall be as follows: Beginning at a post on the bank of the Little Kanawha river at the mouth of a drain below the house of Mrs. Nancy Petty, and run ning thence south nineteen degrees west one hundred and Corporate limits. thirteen poles to a stake; thence south eighty-two and onehalf degrees east seventy-eight poles, running with a line of L. C. Rogers' and S. P. Barnes' land to the north-west corner of a lot owned by S. Devies; thence south five and one-half degrees west with a line of William Gibson's lot, thirty-four poles to a stake in L. D. Woodyard's line; thence south eighty-eight and one-half degrees east seventy poles to the Little Kanawha river, thence to the opposite side thereof, thence down said river with the meanders thereof to a stake opposite the place of beginning; thence across said .river to the place of beginning." town elections. "8. All persons who have resided in said town for thirty Who may vote at days next preceding the town election at which they offer to vote, or who, though not residents of the town, own a free hold therein, shall be entitled to vote at town elections, if they are qualified to vote at the general elections for state and county officers, but no person who is not a resident of said town shall be elected or appointed to any office therein." 2. The twenty-seventh section of the act aforesaid is hereby Sec. 27 repealed. repealed. CHAPTER 56.-An ACT to amend an act entitled "An Act to incorporate the Martinsburg and Potomac Railroad Company," passed February 19, 1868. Passed February 28, 1870. Be it enacted by the Legislature of West Virginia: 1. That the first section of the act passed February nineteenth, eighteen hundred and sixty-eight, entitled "An Act to incorporate the Martinsburg and Potomac Railroad Company," be so amended as to read: "1. For the purpose of constructing a railroad from a point Route of railroad. opposite the termination of the Franklin railroad extension, on the south bank of the Potomac river, by the most suitable and convenient route to the town of Martinsburg, in the county of Berkeley, thence to some point on the state line, between the county of Frederick and the county of Berkeley, and thence to the town of Winchester, in Virginia, if so au Franklin Rail Connection with thorized by the legislature of that state; and the said comroad Company. pany shall have power and authority so to construct their road at its terminus on the Potomac river, as to connect the same with any other road or bridge which shall be constructed to that point by the Franklin Railroad Company in the state of Maryland, and to make such arrangements and contracts with the said Franklin Railroad Company concerning said connection and the future operations and use of the road hereby authorized to be made, as shall secure a continuous and convenient through passage and business over the entire roads, by either or both the said companies." Company may borrow money payment. 2. And the said railroad company, incorporated by the act and secure its of which this is supplementary, shall have power and authority to borrow a sum not exceeding five hundred thousand dollars, to be applied to the construction of said road, and to secure the same by bonds and mortgage of the said road, its franchise and stock, at such rate of interest, not exceeding ten per cent, as will enable the company to procure the same. Subscription by Who may vote on question of 3. The sixth section of said act is so amended as to read: "3. That if at any election held under an order of the board of supervisors, as therein provided, to determine whether said county will subscribe to the stock of said Martinsburg and Potomac Company, a majority of the legal votes cast shall be in favor of said subscription, then the said board of supervisors shall appoint an agent to subscribe for the amount which may have been authorized by said vote of the county, &c." 4. All male persons residing in the county of Berkeley on subscription. the day when said election shall take place, except minors, paupers, persons of unsound mind, or under conviction of felony, shall be entitled to vote on the question of assenting to or rejecting the subscription authorized in the sixth section of said act. Authority to appoint clerk pro CHAPTER 57.-An ACT to authorize the judge of the Municipal Court of Wheeling to appoint a clerk pro tempore. Passed February 28, 1870. Be it enacted by the Legislature of West Virginia: The judge of the municipal court of Wheeling is hereby tempore. authorized, when necessary, to appoint a clerk for said court |