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Sale to be at public auction.

Bend of com

the corner of Washington and George streets in the town of Charlestown, Jefferson county. And the said commissioners are hereby directed to pay over the proceeds of said sale to the board of supervisors of the said county.

2. The said sale shall be at public action, after due notice, and shall in the discretion of said commissioners, be of the whole lot of ground and materials together, or of the materials and lot of ground separately the latter to be divided into two or more lots, should the commissioners in their judgment determine that a more advantageous sale might thereby be effected; the payment upon such purchase or purchases to be made at such times and to be secured in such manner as may seem most expedient to the said commissioners.

3. That before receiving any part of the money to be missioners. paid on account of the purchase of the said property, the said commissioners shall file a bond with the clerk of the circuit court of Jefferson county with such security as shall be approved by him in the penalty of five thousand dollars, conditioned according to law for the faithful permance of their duties.

Subscription books.

CHAPTER 132.-AN ACT to incorporate the Sistersville,
Wick and Pennsboro' Turnpike Company.

Passed February 27, 1871.

Be it enacted by the Legislature of West Virginia: 1. It shall be lawful to open books for receiving subscriptions to an amount not exceeding ten thousand dolCapital stock. lars, to be divided into shares of twenty dollars each, to constitute a joint capital stock for constructing a turnpike road, from a point at or near Sistersville, in Tyler Route of road. county, by way of Wick, in Tyler county, to Pennsboro', in Ritchie county, either upon the bed or track of any road or roads heretofore constructed or authorized by law to be constructed. The said books shall be opened at Sistersville, under the direction of A. Thistle, Joseph Holmes, A. Barr, John Keller, Henry Triford; at Wick, under the direction of F. G. Flesher, A. Shriver, George Long, Horace Hill, A. J. Joseph, E. B. Long and A. J. Stutler; at Pennsboro', under the direction of Ashford Broadwaters, M. Bradford, Thomas D. Baker, Creed Collins, Washington Smith and William Campbell, or any one or more of them, and at such other places and under the direction of such persons as a majority of the above named commissioners may appoint, ten days notice thereof being previously given.

Commissioners to open books.

Incorporation 2. When one thousand dollars of the capital stock shall

have been subscribed, the subscribers, their executors, administrators and assigns shall be incorporated into a company by the name and style of "The Sistersville, Wick and Pennsboro' Turnpike Company," subject to the provisions and possessed of all the powers contained in the code of West Virginia; but the company shall have the privilege of making the said road, or any part thereof, with gravel, sand, clay or plank, as to them shall seem most expedient.


3. The voters of any township, through which any part Townships of said road passes, may, at their annual township meeting, lay subscribe or at any special meeting called for the purpose, if the to the capital voters in favor of the proposition are a majority of the whole vote cast, subscribe for so much of said capital stock as may be determined upen, and levy a tax on the property of their township, subject to taxation of not exceeding in any one year twenty-five cents on every hundred dollars of the taxable value of such property, and when any township shall have so decided to subscribe to the capital stock aforesaid, the supervisor of the township shall subscribe for the amount so determined upon on behalf of the township, and shall represent the stock subscribed by the township in all meetings of the stockholders of said company.

4. The said road shall be at least twelve feet wide, and width and shall be constructed at grades no where exceeding five de- grade of road. grees of elevation. Tolls, not exceeding the rates fixed Rates of tolls. by law, may be collected on any continuous section of five miles of said turnpike road, as soon as the same shall be completed and open to the public.

5. The time in which said company shall be allowed to Time to ororganize the same, under the laws of this state, is hereby ganize extended to one year from the passage of this act.

CHAPTER 133.-AN ACT providing for the collection of uncollected taxes remaining in the hands of the late township treasurers.

Passed February 27, 1871.

Be it enacted by the Legislature of West Virginia:


1. That in all cases where the same has not already Uncollected been done, the former township treasurers, their executors taxes not returned delinor administrators shall, as soon as possible after the pasquent to be sage of this act, place in the hands of the sheriff of their placed in respective counties, all the uncollected township taxes re- hands of maining in their hands for the years 1868, 1869 and 1870, which have not been returned by them delinquent, and take his receipt therefor, and file the same with the clerk of the board of supervisors.


Sheriff's re

2. It shall be the duty of every such sheriff to receive ceipt for taxes and receipt for such taxes as aforesaid, and to proceed to collect the same in the same manner, and within the same time allowed by law for the collection of the taxes of Manner and 1870. Such taxes shall be accounted for by the said time of collec- sheriffs in the same manner as other similar township taxes are to be accounted for by them, and they and their How account-securities shall be liable therefor in the same manner and to the same extent as for other taxes.


ed for.

The credit to


3. Upon a settlement being made with the sheriff as to be allowed the such taxes, the township treasurer, in whose hands they formerly were, shall be entitled to a credit for the amount so placed in the hands of the sheriff, except so far as it may be made to appear that the same, or any portion thereof, were lost by the negligence of such treasurer.



CHAPTER 194.--AN ACT establishing the county of Sum-
mers out of parts of the counties of Mercer, Monroe,
Greenbrier and Fayette.

Passed February 27, 1871.
Be it enacted by the Legislature of West Virginia:

1. So much of the counties of Monroe, Mercer, Greenbrier and Fayette as is included within the following boundary lines, to-wit: Beginning at the mouth of Round Bottom Branch on New River, in Monroe county; thence crossing said river and running N. 471° W., 5,430 poles, through the county of Mercer, to a point known as "Brannon's Gate," on the line dividing the counties of Mercer and Raleigh; thence with said county line in an easterly direction to New river; thence with the line between the counties of Raleigh and Greenbrier, down New River to the line of Fayette county; thence with the line dividing Raleigh and Fayette counties, down said river to a station opposite Goddard's house; thence leaving the line of Raleigh county, crossing New river, passing through said Goddard's house, N. 671° E., 3,280 poles, through said county of Fayette to a station on "Wallow Hole" mountain in Greenbrier county; thence S. 55° E., 3,140 poles to a station east of "Keeny's Knob," in Monroe county; thence S. 9° E., 1,320 poles to a station near Greenbrier river, and running thence S. 32° W., 7,740 poles to the beginning, shall form one distinct and new county which shall be called and known by the name of Summers county, and it is expressly understood and agreed by the applicants therefor that no part of the territory of the county of Raleigh shall ever be attached to the county created by this


2. The said new county shall be attached to the same

judicial circuit and congressional and Senatorial districts Its judicial that the county of Monroe belongs to.


3. The judge of the circuit court of the new county shall County as soon after the passage of this act as practicable, appoint officers. a clerk for said court, a prosecuting attorney, recorder, surveyor, county superintendent of free schools, and sheriff of said county, who shall hold said offices until their successors are elected and qualified according to law.

4. All township officers within the bounds of said new Township county at the date of the passage of this act shall remain officers. in office for the term for which they were elected and until their successors are elected and qualified according to law. The supervisors of the several townships within said new county, with William Haynes and Ephraim Guinn, shall Board of suconstitute the board of supervisors of said county of Sum- pervisors. mers until their successors are elected and qualified as aforesaid, and shall have all the powers and perform all the duties vested in and imposed by law upon other boards of supervisors.

5. The county seat of said new county shall be at the County seat. mouth of Greenbrier river, and the board of supervisors of

said new county shall proceed as soon as practicable after

the passage of this act to provide a suitable court house County buildand other public buildings for said new county in the ings. manner required by law.

6. The said new county shall be added to the delegate Delegate disdistrict composed of the counties of Greenbrier and Mon- trict. roe, and the said counties of Greenbrier, Monroe and Summers shall together elect three delegates, until a new apportionment shall be made as provided by the constitu- Apportiontion of this state, of which, at the election held in 1871, ment of deleone shall be a resident of the county of Greenbrier, one of gates. the county of Monroe, and one of the county of Summers; at the election in 1872, one shall be a resident of the county of Monroe and two of the county of Greenbrier ; at the election in 1873, one shall be a resident of the county of Greenbrier and two of the county of Monroe, and so in rotation.

7. All process issued in the said counties of Monroe, Return of Mercer, Greenbrier and Fayette before the organization of process. the said new county, and all public dues and officer's fees which may remain unpaid by citizens of the said new county shall be executed and returned, collected and accounted for by the sheriff or other officer in whose hands the same may have been placed, in the same manner as if this act had not been passed.


of courts.

Board of su

pervisors may create new townships and provide

for courts.

Terms of cir

cuit court.

Additional levy.

Authority for directors to

use brick in

8. The courts of said counties of Monroe, Mercer, Greenbrier and Fayette shall retain jurisdiction over all actions, suits and proceedings therein pending at the passage of this act, and shall try and determine the same, and award execution or other process therein, except in cases in which both parties reside in said new county, which last mentioned cases, together with the papers and a transcript of the record of the proceedings therein had, shall, after that day, if either party so desire, be removed to the courts of the said new county, and there tried and determined as other


9. The board of supervisors of said new county may create an additional number of townships therein, not exceeding five in all, without submitting their action in the matter to a vote of the people. Said board shall also provide a place for holding courts in said new county until a court house shall be erected, as hereinbefore provided.

10. The circuit courts of the said county of Summers shall be held on the twenty-ninth day of April, the first day of July, and twenty-fifth day of September in each


CHAPTER 135.-AN ACT imposing a tax for the purpose of the further construction of the Hospital for the Insane at Weston.

Passed February 27, 1871.

Be it enacted by the Legislature of West Virginia:

1. That a tax of five cents on each hundred dollars of taxable property shall be assessed the present year, and collected for the purpose of the further construction of the Hospital for the Insane at Weston.

2. The board of directors of said hospital shall, if in their opinion the public economy and interests will be construction. promoted thereby, cause the rear and end walls of the sections of said hospital, hereafter erected, to be constructed of brick instead of stone.

Sum not to 3. This act shall not be construed to authorize the payexceed that ment of any greater sum for the construction of said hosauthorized by pital than the sum appropriated for that purpose in the propriation general appropriation act of the present session of the Legislature.

general ap


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