land. of such land for the acquisition thereof, they may proceed in Condemnation of the manner now provided in chapter forty-two of the code of West Virginia, to acquire such land; and upon the payment of the damages, if any, ascertained and found by the commissioners provided for in said chapter forty-two, by said company to the owner or owners of said land, or into court, when so required, the said company shall stand seized in fee. simple of the ground so condemned. 8. The said company, so soon as the said bridge shall be Rates of toll. completed and fit for use, shall be authorized to demand and receive thereat a rate of tolls not exceeding the following, towit: for every man on foot, five cents; for every man on horseback, ten cents; for loose or led horses, five cents each; for every wagon drawn by two horses, twenty cents; for every additional horse attached thereto, five cents; for every oxcart or wagon drawn by two oxen, fifteen cents; for every additional one attached thereto, five cents; for every dray and horse, fifteen cents; for every carriage on springs, drawn by two horses, twenty cents; for every spring carriage drawn by one horse, fifteen cents; for every score of cattle, twenty cents; for every score of hogs or sheep, ten cents. If the Penalty for demanding excescollector of tolls at said bridge shall demand and receive for sive toll. the use thereof, from any person, greater toll than aforesaid, the said company shall, for every such offense, forfeit and pay to the party aggrieved the toll so demanded and five dollars, to be recovered, with costs, before any justice of the peace of the township in which such offense was committed. completed in 9. If the said company shall not complete the said bridge Bridge to be ready for the use of the public within four years from the four years. passage of this act, then all the privileges, rights, and powers hereby granted shall cease and determine. And if, after said bridge shall have been completed, the said company shall fail to keep the same in proper repair for safe passage and ure to keep use, they shall forfeit and pay the sum of ten dollars for Penalty for failevery twenty-four hours the same shall remain out of repair, bridge in repair, for the use of the school fund of this state, and shall, moreover, be liable to any party aggrieved or injured thereby, for the amount of actual damages he, she, or they may sustain by reason thereof; provided, that such failure to keep the same in repair shall be occasioned by a want of due diligence if failure cansed the part of said company or their agents to repair said bridge. on by company's want of dili gence. Government troops and expresses to pass free. Act may be amended. 10. All troops in the service of this state or of the United States, and all expresses sent from either government, shall be permitted to pass said bridge free of toll. 11. The Legislature reserves the right to alter or amend this act. Authority to distrain for uncol CHAPTER 72.-An ACT for the relief of Thomas Ferrell, late sheriff of Roane county, and his deputies, or the personal representatives of any such deputy. Passed March 1, 1870. Be it enacted by the Legislature of West Virginia: 1. It shall be lawful to collect by distress or levy, within lected taxes, &c. two years from the passage of this act, any taxes or fee bills remaining uncollected in the hands of Thomas Ferrell, late sheriff of Roane county, or in the hands of any of his deputies, or the personal representative of any deputy. Authority to place taxes in hands of other sheriffs for collection. 2. It shall be lawful for said late sheriff, or any of his deputies, or the personal representative of such deputy, to place any such uncollected taxes and fee bills in the hands of the sheriff of any county where parties may reside who owe any such taxes or fee bills. And such sheriff shall be liable to said late sheriff and deputies, or personal representatives, aforesaid, for the amount collected on such taxes and fee bills, Commission for on their respective official bonds. On the amount collected by any such sheriff, he shall be allowed a commission of ten per cent in his settlement. Provided, that in every case the party against whom such tax or fee bill is may, on notice to the officer in whose hands the same have been placed for collection, move the circuit court of the county to quash the same, and the court, on such motion, may order the same to be quashed, if good cause therefor be shown. collection. Tax or fee bill may be quashed, CHAPTER 73.-An ACT to amend and re-enact section 66 of chapter 39 of the Code of West Virginia, in reference to allowances to certain county officers. Passed March 1, 1870. Be it enacted by the Legislature of West Virginia : Section sixty-six cf chapter thirty-nine of the Code of West Virginia is hereby amended and re-enacted so as to read as follows: ances. "66. The supervisors of every county shall allow annually to the county officers hereinafter mentioned, for their public services, for which no other fee or reward is allowed by law, such sums, to be paid quarterly out of the county treasury, as Limits of alloware deemed reasonable by the board, within the limits ascertained by law, that is to say: to the sheriff, not less than fifty nor more than two hundred dollars; clerk of the circuit court, not less than fifty nor more than two hundred dollars; recorder, not less than twenty-five nor more than one hundred dollars; jailors, not less than thirty nor more than sixty dollars; and prosecuting attorney, not less than one hundred nor more than six hundred dollars, except that the prosecuting attorney of Ohio county shall be allowed annually not less than six hundred nor more than twelve hundred dollars, and except further, that the clerk of the circuit court of said county shall be allowed annually not less than three hundred and fifty nor more than five hundred dollars. But no extra compensation shall be allowed to any public officer after his service shall have been rendered, nor shall the salary or Compensation compensation of any public officer be increased or diminished ed during term. during his term of office." Limits changed as to clerk of cir cuit court of Ohio county. not to be chang CHAPTER 74.-An ACT requiring the German language to be taught in the Free Schools of Martinsburg. Passed March 1, 1870. Be it enacted by the Legislature of West Virginia": teacher to be That the board of education of the township of Martinsburg, in Berkeley county, be required to have the German language regularly taught in the free school of said town- German male ship; and for which purpose the trustees of said school shall employed. employ a German male teacher, capable of giving instruction in all the branches required to be taught in the free schools of this state, in both the English and German languages. All acts or parts of acts inconsistent with this act are hereby repealed. Preamble. ciety. CHAPTER 75.-An ACT to incorporate the West Virginia Passed March 2, 1870. WHEREAS, the persons hereinafter named, and others, have formed themselves into an association, under the name of "The West Virginia Historical Society," for the purpose of Objects of the so- discovering, procuring and preserving whatever may relate to the natural, civil, literary and ecclesiastical history of the United States in general, and of this state in particular, and have presented a petition to the legislature to be incorporated, that thereby the purpose and design of said society may be the more effectually subserved and promoted; therefore, Be it enacted by the Legislature of West Virginia : Corporators. Incorporation. 1. That Alexander Martin, John J. Stevenson, Samuel G. Stevens, John J. Brown, George C. Sturgiss, Thomas H. Logan, William E. Stevenson, Francis H. Peirpoint, Alpheus F. Haymond, Benjamin F. Martin, David H. Strother, J. Loomis Gould, Thomas M. Harris, W. K. Pendleton, John C. Hupp, E. A. Hildreth, William J. Bates, James C. McGrew, J. H. Lockwood, James Logie, Henry G. Davis, Joseph T. Hoke, Luther Haymond, James M. Jackson, Hedgeman Slack, A. E. Summers, Lewis Ruffner, W. W. Harper, Arthur I. Boreman, Samuel Billingsly, D. D. T. Farnsworth, William R. White, Joel McPherson, Benjamin H. Smith, Gideon D. Camden, and Chester D. Hubbard, and their associates, who now are, and such other persons as shall hereafter become, members of said society, shall be and hereby are constituted and declared a body corporate and politic, in fact and in name, by the name of "The West Virginia Historical Society," and that by such name they and their successors forever hereafter shall and may have succession, and Power of corpor- by the same name be capable in law to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in all courts of law and equity, in all manner of actions, suits, complaints, and matters whatsoever; and they and their successors may have a common seal, and may alter, change or renew the same at their pleasure, and by the same be capable forever hereafter to purchase, take, hold, and enjoy to them and their successors, any lands, tenements, hereditaments, goods, chattels or estate, real and personal, of whatever nature or quality, in fee simple, for life or lives, or for years, or in any other manner whatsoever; but the ation. ty. clear yearly income of such real and personal estate, over Limit to properand above the library and collections of said society, shall not at any time exceed ten thousand dollars. property, ish offices, 2. They and their successors, by the said name, shall have Power to hold power and authority to give, grant, bargain, sell, lease or release, and convey to others, the whole or any part of such real and personal estate, on such terms and in such manner and form as said society may deem eligible to subserve and promote the design and purpose of said society; and they and their successors shall have power, from time to time, to abolish any of the offices or appointments hereinafter men- create and aboltioned, or create others in their room, with such powers and duties as they may think fit to confer and prescribe, and shall have power, from to time, to make, constitute and ordain such constitutions, by-laws, rules and regulations as they make by-laws, shall judge proper for the election of officers, the election and admission of new members, for the government and regulation of officers and members, for fixing the times and places of the meetings of said corporation, and for conducting, reg- and regulate af ulating and managing all the affairs and business of said cor- tion. poration; and the same, from time to time, to alter, change, repeal and annul, at their pleasure; and the constitution Present constituand by-laws, rules and regulations of said society, heretofore force. made and adopted, and now existing, shall and may remain in force until altered or repealed by said corporation; provided, Proviso. that said constitution, by-laws, rules and regulations, made or to be made by the said corporation, shall not be repugnant to the constitution or laws of the United States or of this state. fairs of corpora tion to remain in 3. The officers of said society, until otherwise ordained by officers. the said corporation, shall consist of one president, five vicepresidents, a corresponding secretary, a recording secretary, a treasurer, a curator, and an executive committee of nine members; and until the next annual meeting of said society, and until others shall be chosen in their places, the present Present officers officers and committees last appointed or elected by the said office until next society, shall be and continue respectively the officers of said annual meeting. corporation. to continue in 4. This act shall be and is hereby declared to be a public Act declared act, and shall be construed most favorably to promote and public. |