affect grant to Misnomer not to subserve the interests and purposes of said society; and no corporation. misnomer of said corporation in any deed, will, testament, gift, grant, or other instrument of contract or conveyance shall vitiate or defeat the same; provided, said corporation shall be sufficiently described to show the intention of the parties. Corporation to cease if it misapplies its funds. Act may be amended. 5. In case said society shall at any time appropriate their funds or any part thereof, to any purpose or purposes other than those contemplated in this act, and shall be thereof convicted by due course of law, then the said corporation shall thenceforth cease and determine, and the estate, real and personal, whereof it may be seized and possession shall vest in the people of the state. 6. The legislature may at any time alter or repeal this act. CHAPTER 76.-An ACT to extend and prescribe the limits of the town of Kingwood, and to provide for the burial of the dead. Passed March 2, 1870. Be it enacted by the Legislature of West Virginia: 1. The corporate limits and boundaries of the town of Kingwood, in the county of Preston, shall be as follows: Corporate limits. Beginning at the Herndon spring, at the north end of Price street in said town, and running thence north eighty-seven and one-half degrees west ninety poles to a stone in the Kelso line, west of the turnpike road leading to Morgantown; thence south thirteen degrees east thirteen poles to a spring in Herndon field; thence, continuing the same bearing, fiftytwo poles to a stone in John R. Stone's field; thence south eighty-seven and one-half degrees east to the southwest corner of lot numbered fifteen of Price's addition to said town; thence, continuing with same bearing, parallel to and with the south ends of the lots at the south side of said town, to a stake in James W. Parks' field, and in a direct line with the east side of lots numbered twenty and forty of the original plan of said town; thence north two and one-half degrees, east sixty-two and one-half poles, with the eastern line of said lots numbered twenty and forty, and extending beyond the same to a stake in Elijah Shafer's field; thence north eightyseven and one-half degrees west one hundred and twenty-four poles to the beginning. cipal authorities. 2. The powers, duties, and obligations of the municipal Powers of muniauthorities of said town shall be and remain as heretofore prescribed by law, and shall hereafter extend to and be exercised within the boundaries specified in section one of this act. 3. The trustees of said town shall have power to provide Burial of dead. for the burial of the dead; and for this purpose may purchase and hold in their corporate capacity the necessary land for Purchase of cema cemetery near or convenient to said town, and to provide for its improvement and security: etery authorized. CHAPTER 77.-An ACT to change the number of Steuben Passed March 2, 1870. Be it enacted by the Legislature of West Virginia: changed from 36 That the secretary of state be hereby directed and empow- Number to be ered to change the number of Steuben Lodge, of the German to 69. order of Hori Gori, at Martinsburg, from thirty-six to sixtynine. CHAPTER 78.—An ACT to incorporate the Pennsylvania and Passed March 2, 1870. Be it enacted by the Legislature of West Virginia: 1. That Waitman T. Willey, David H. Chadwick, Wil- Corporators. liam Wagner, Samuel Sears, George M. Hagans, James Fisk, Jr., Henry B. Lazier, William R. Griffith, John J. Brown, J. M. Hagans, John H. Hoffman, E. H. Coombs, A. L. Wade, George W. Brown, John W. Mason, R. W. Blue, A. D. Casteel, and Reuben Davisson, and their associates, successors and assigns, and all who shall have become stockholders when one thousand shares of the capital stock shall Incorporation. have been subscribed as hereinafter provided, are hereby made a body politic and corporate, by the name, style and title of "The Pennsylvania and West Virginia Railway Company." Style of company. Route of railway. Capital stock. Subscription books. When company may organize. Company to be governed by code except where in this act. 2. The said company is hereby authorized to construct a railway from a point on the Pennsylvania and West Virginia line at or near where Ruble's Run crosses said line, thence by way of Morgantown, in Monongalia county, to Grafton in Taylor county, or some point on the Baltimore and Ohio railroad east of Grafton, subject to all the rights and privileges of this act, and to provide everything necessary for convenient transportation on the same. 3. The capital stock of said company shall be one and a half million of dollars, divided into shares of fifty dollars each; and books may be opened by the corporators, or any three of them, to receive subscriptions to the said capital stock, within three years after the passage of this act, at such place or places as said corporators, or any three of them, may designate. And when five hundred shares of stock shall be subscribed in said company, and two per cent thereof shall have been actually paid in according to law, the said company may organize in the manner provided by the code of West Virginia in the matter of internal improvement companies. 4. The said books shall be opened and the subscriptions of West Virginia, received in the manner prescribed by the code of West Virconsistent with ginia, prescribing general regulations for the incorporation of railroad companies. The said company shall be subject to all the provisions and liabilities, and entitled to all the benefits of the said code in matters pertaining thereto, and all other general laws now in force relating to railway companies, except so far as the provisions of this act are or may be inconsistent therewith. Increase of stock. 5. If the capital stock of said company shall be insufficient for the purposes of this act, the said company shall have power and are hereby authorized to increase the same by the addition of as many shares as may be deemed necessary, and said company shall have power to borrow money, to accept row money and and receive donations in lands, money or other thing, from the United States, or from other sources, for the purpose of carry Authority to bor receive dona tions. ing on the object of this act, and to issue proper certificates or evidences of all loans made by it, and to pledge the property of the company for the payment of the same and the interest that may accrue thereon; and the said company shall when road to be be required to commence the construction of their said rail- when completed. way within five years from the passage of this act, and to complete it within eight years from the time of commence ment. commenced and issue bonds, 6. The president and directors of the said company, or a Authority to majority of them, shall be and are hereby authorized to make and execute bonds or certificates of indebtedness, under seal of the said company, for such sum or sums, and payable at such time or times, and to sell and dispose of the same on such terms, as to the said president and directors may seem proper; provided, that nothing herein contained shall be but not bank taken to authorize the said company to issue anything in the nature of a bank note or other paper to be used for circulation as a currency. notes. tent herewith company. 7. So much and such parts of the code of West Virginia, Laws inconsisherein before recited, or of any other act or acts, as may be not to apply to inconsistent with any of the provisions of this act, shall be held not to apply to the company hereby incorporated, so far as the same may affect the charter granted by this act. Monongalia ships therein. 8. The county of Monongalia, and any or either of the subscription by townships thereof, jointly or severally, may subscribe to county or townthe capital stock of said company, whenever a majority of the votes cast at an election held on the order of the board of supervisors of said county, in the said county, or in or by the said townships, or either of them, shall so determine. And said county or townships, or either of them, may issue bonds to liquidate such subscription. Said subscriptions shall Bonds. be made by the board of supervisors of said county, or by the How subscrip bonds. supervisor and clerk of the said township, or either of them; tion made. and levies shall be assessed on the taxable property of said Taxation to pay county or said townships, or either of them, to pay off and discharge said subscriptions. Notice of said elections shall be Notice of elecgiven at least twenty days before the same are held. tions. amended. 9. The legislature reserves the right to alter, amend, or re- Act may be peal this act; but the same shall not affect any vested rights accruing hereunder. Authority to construct railroad in certain counties, CHAPTER 79.-An ACT to enable the Hampshire and Baltimore Coal Company to build railroads from its mines, and connect the same with other railroads. Passed March 2, 1870. Be it enacted by the Legislature of West Virginia: 1. That the Hampshire and Baltimore Coal Company, a corporation chartered by the laws of the state of Virginia, pursuant to an act entitled "An Act to incorporate the Hampshire Mining Company," passed March fifteenth, eighteen hundred and fifty-nine, and amended pursuant to an act of the state of West Virginia, providing for the formation of corporations, and regulating the same, passed October twentysixth, eighteen hundred and sixty-three, and amended November seventeenth, eighteen hundred and sixty-three, be and the said company is hereby empowered to locate, construct, and maintain such railroad or railroads and other improvements as its directors may deem necessary for the convenient transaction of its business, from any lands or mines owned, or hereafter to be acquired by said company, in the counties of Hampshire, Mineral, Hardy, and Grant, and connect with and to connect the same with any railroad or railroads already constructed, or hereafter may be constructed in said counties. And said company is hereby further empowered and authorized to charge and collect tolls on passengers and gers and freight. freight; and for such purposes the said company shall be and is hereby invested with all and singular the rights, pow ers, immunities, franchises, and privileges for the surveying, locating, and construction of said railroad or railroads, as those of B. & and for the working, repairing, preserving, and controlling the same, and the necessary articles and appurtenances thereto belonging, and every part thereof, which the Baltimore and Ohio Railroad Company enjoys under the act incorporating said company, and the acts amendatory and supplementary thereto; and subject to all the restrictions imposed upon said Baltimore and Ohio Railroad Company, not inconsistent with this act, and under and subject to the laws of this state, as if the same were hereby expressly enacted. other roads. Tolls on passen Powers of com O. R. R. Location of road and acquisition 2. That for the purpose of laying and locating such railof right of way. Way or railways, and for taking, occupying, using, and acquiring title to a roadway upon such lands as may be necessary thereto, the said company is hereby invested with the same rights, powers, and privileges, and subject to the same restrictions and limitations which are granted and prescribed |