6 Code re-enacted. How father of il to be tried. Penalties imposed. Illegitimtae Children-Slavery Abolished. [1865. CHAP. 9.-An ACT to amend the law relating to the maintenance of Passed February 2, 1865. Be it enacted by the Legislature of West Virginia: The fifth section of chapter one hundred and twenty-five of the Code of Virginia, second edition, is amended and re-enacted to read as follows: "If the accused appears and pleads not guilty,' the issue shall legitimate child be tried by a jury, and if he be found guilty, the court shall order him to pay to the overseers of the poor of the county or corporation, for the maintenance of the child, such sums as it may deem proper, for each year, until such time as the court may appoint, unless it sooner die; and shall order the father to give a bond in such penalty, and with such sureties, as it may deem sufficient for the performance of Imprisonment. said order; and shall order him to jail until such bond be given in court, or filed in the clerk's office, or the woman and the said overseers consent to his discharge, or he be otherwise legally discharged; and if found not guilty by the jury, he shall be discharged, and recover his costs against the said overseers.' Costs in case of innocence. Slaves declared free. Slavery prohibited in future. CHAP. 10.—An ACT for the Abolishment of Slavery in this State. Passed February 3, 1865. Be it enacted by the Legislature of West Virginia : 1. All persons held to service or labor as slaves in this state, are hereby declared free. 2. There shall hereafter be neither slavery nor involuntary servitude in this State, except in punishment for crime, whereof the party shall have been duly convicted. Authority of circuit judge to or. der removal. CHAP. 11.-An ACT to provide for the Removal of Suits Pending in Passed February 3. 1865. Be it enacted by the Legislature of West Virginia: 1. Where there is no judge qualified according to law to hold the circuit court of any county, or from any cause the jurisdiction of the circuit court for such county, cannot be safely, and without interruption, exercised therein, it shall be lawful for the judge, if there be one, of such circuit, and if there be none, then for the judge of any adjoining circuit, at his discretion, and either in term time or vacation, upon the petition of any party to a civil suit at law or in chancery, or any civil proceeding pending in such county, to order the removal of such suit or proceeding, with the original papers pertaining thereto, or certified or proved copies thereof and certified or proved copies of 1865.] Corporations-Hospital for the Insane. all proceedings, orders and decrees theretofore had or made therein, to the circuit court of any other county over which the judge who makes the order has jurisdiction, to be thereafter proceeded with as if the said suit or proceeding had been commenced in the last mentioned court. 2. Such order of removal shall only be made upon the terms that Conditions requisite to makthe petitioner shall, at his own expense, cause notice of such removal ing the order. to be given to the other parties to the suit or proceeding, and shall deposit with the clerk of the court to which the suit or proceeding is to be removed, such sum of money to be determined by the judge who makes the order of removal, as will probably be sufficient to cover all future costs. CHAP. 12.-An ACT to amend the Act passed October 26, 1863, entitled "An Act providing for the formation of Corporations, and regulating the same." Passed February 3, 1865. Be it enacted by the Legislature of West Virginia: 1. The capital of a corporation, formed under the "act providing for the formation of corporations, and regulating the same," passed October twenty-sixth, eighteen hundred and sixty-three, shall not exceed three millions of dollars. 2. Oil companies may hold not exceeding three thousand acres of Quantity of land that may be held land each, notwithstanding anything to the contrary contained in the by oil companies twentieth section of said act. 3. The third section of said act is hereby amended and re-enacted to read as follows: increased. porations to reg ulate shares. "3. The capital of every corporation now formed, or that may Authority to corhereafter be formed under this act, shall be divided, as may be agreed upon by the persons desiring to be incorporated, into such number of shares and in such sums as said corporators, respectively, may deem proper and expedient." 4. The fourth rection of the above-mentioned act, is hereby re- Law repealed. pealed. CHAP. 13.—An ACT making an Appropriation to the West Virginia Hospital for the Insane. Passed February 3, 1865. Be it enacted by the Legislature of West Virginia: $2,872 25 appro For what. The sum of two thousand eight hundred and seventy-two dollars priated. and twenty-five cents is hereby appropriated to discharge the liabilities of the West Virginia Hospital for the Insane, to the first of January, eighteen hundred and sixty.five, and the same shall be paid by the auditor on the draft of the treasurer of said hospital, endorsed by the president of the board of directors theroof, anything in the eightyfifth chapter of the Code of Virginia to the contrary notwithstanding. 8 All officers allowed 60 days, Except justices and constables. CHAP. 14.-An ACT to prescribe the Time within which Persons elected or appointed to Office must Qualify. Passed February 3, 1865. Be it enacted by the Legislature of West Virginia: 1. Every person elected or appointed to an office shall take the proper oaths, and, if bond be required of him by law, give his official bond, within sixty days after he has been, in the manner prescribed by law, declared elected, or has been notified of his appointment; except that justices and constables shall take the oaths of office and give bond within thirty days after they are declared elected; Authority of apand that in cases of appointment the appointing power may prescribe pointing power, the time within which the oaths of office must be taken and bond given by the person appointed, if bond be required by law. Consequence of and penalty for failure. Laws repealed. 2. If any person elected or appointed to an office fail to take the proper oaths or give the proper bond, where bond is required by law, within the time prescribed by the preceding section, the office shall be deemed vacant; and if he act in such office before being duly qualified as aforesaid, he shall be fined not less than one hundred nor more than one thousand dollars. 3. The sixth and seventh sections of the act relating to official bonds, passed June twenty-ninth, eighteen hundred and sixty-three, and so much of the fourth and fifth sections of the act to provide for the assessment of taxes, passed December third, eighteen hundred and sixty-three, and of the fifth section of the act to regulate the election and qualification of justices and constables and to prescribe in part their powers and duties, passed December seventh, eighteen hundred and sixty-three, as is inconsistent herewith, are hereby repealed. Authority for removal. Proviso. Conditions requisite. CHAP. 15.-An ACT to authorize Suits in Lewis county in Cases heretofore cognizable in the Courts of Braxton county. Passed February 6, 1865. Be it enacted by the Legislature of West Virginia: 1. Any action at law or suit in equity which, according to the one hundred and sixty-ninth chapter of the Code of Virginia, second edition, might be brought in the county of Braxton, may be hereafter brought in the county of Lewis; but nothing herein contained shall be construed to affect any provision of law for the limitation of actions or suits. 2. No jury shall be called or impanelled in any action or suit brought in the county of Lewis by virtue of this act, until and unless the plaintiff pay to the clerk of the court twelve dollars to defray jury costs; which sum the said clerk shall pay into the treasury of said county of Lewis; and if judgment be rendered for the plaintiff, shall 1865.] Holliday's Cove R. R.-Township Collectors. tax the same in the costs to be recovered by him. If judgment be Taxing of costs. rendered against the plaintiff, no jury costs shall be taxed against him if he has paid the sum of twelve dollars to the clerk as aforesaid. 3. The act entitled "an act to authorize suits in Lewis county in Law repealed. cases heretofore cognizable in the courts of Braxton county," passed March first, eighteen hundred and sixty-four, is hereby repealed. 9 CHAP. 16.-An ACT making an Appropriation to the Civil Contin gent Fund. Passed February 6, 1865. Be it enacted by the Legislature of West Virginia: The sum of two thousand five hundred dollars is hereby appropri- $2,500 approated on account of the civil contingent fund. priated. CHAP. 17.-An ACT to authorize the Holliday's Cove Railroad Com pany to Borrow Money. Passed February 7, 1865. Be it enacted by the Legislature of West Virginia: 1. That the Holliday's Cove railroad be, and it is hereby empow- Authority to ered, in addition to the amount already authorized by law, to borrow borrow money. money to an amount not exceeding five hundred thousand dollars, at a rate not exceeding seven per centum per annum; to issue bonds, plain or coupon, for the payment of the same, and to secure said bonds by mortgage on their road or bridge, or both, and the income payment. thereof and all the franchises of said company. To what amount. Provision for 2. The place of payment of the principal and interest of said bonds, Regulations remay be designated by the directors of the company, and sales thereof specting sale of at less than par, shall not be deemed infractions of the usury law. bonds. CHAP. 18.-An ACT authorizing the Boards of Supervisors of the several Counties of the State, to appoint Township Collectors. Passed February 7, 1865. Be it enacted by the Legislature of West Virginia: collectors. 1. It shall be lawful for the boards of supervisors of the several Authority to apcounties of this state, to appoint collectors in any or all of the town- point township ships thereof, whenever, in their opinion, the public interest would be thereby promoted, for the collection of all levies made for the pay- For collection of ment of bounties to volunteers, and for the support of the families of what levies. living and deceased soldiers in their respective counties, who have heretofore volunteered, or who may hereafter volunteer in the service of the United States, and for the collection of all levies made for the payment of any loan negotiated for the purposes aforesaid. 10 Regulations re ments. 2. Such collectors may be appointed for the collection of any such specting appoint- levies, whether heretofore or hereafter made, provided the same have not been actually placed in the hands of the sheriff, or other collector of the county, for collection. Duties of collectors. Compensation of collectors. 3. The collectors appointed by virtue of this act, shall faithfully collect and pay over to the county treasurer all money collected by them, at such times as the board of supervisors shall direct, and may distrain for taxes after thirty days from the time the lists of such levies are placed in their hands for collection. 4. The boards of supervisors shall allow to the collectors aforesaid, for the collecting and paying over to the county treasurer the levies aforesaid, such commission, not exceeding three dollars for each one hundred dollars actually collected and paid over, as they shall deem Collector's bond. just; and they shall require said collectors to give bond with security to be approved by them, in such penalty, not less than five thousand dollars, as they shall direct, made payable to the state of West Virginia, and conditioned for the faithful discharge of their duties as required by law. What process. CHAP. 19.—An ACT authorizing the service of Process by Individuals. Passed February 7, 1865. Be it enacted by the Legislature of West Virginia : 1. The process to commence a suit at law or in chancery, including writs of scire facias, mandamus, prohibition, and the alias or other process where the original is not returned executed, may be served by any credible person, as well as by the officer to whom it is directed; Return thereof. and the return of such person, verified by his affidavit, shall be evidence of the manner and time of service. Proviso. 2. Nothing herein contained shall be considered as implying that such service heretofore made, is invalid in law. $387,93 appro- How paid. CHAP. 20.-An ACT for the relief of George W. Spruce, of Kanawha County. Passed February 9, 1865. Be it enacted by the Legislature of West Virginia: 1. The sum of three hundred and eighty-seven dollars and ninetythree cents is hereby appropriated for the purpose of paying George W. Spruce for his services as commissioner of the revenue of Kanawha county, (upper district,) for the year eighteen hundred and sixtyone, to be paid out of the proceeds of any uncollected taxes in said county due the state for the year eighteen hundred and sixty-one. 2. The collector of Kanawha county for the year eighteen hundred and sixty-one, is authorized to pay to the said Geo. W. Spruce, the |