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to be members of the first branch, and four (4) citizens thereof to be members of the second branch of the city council, who shall serve until the next succeeding election Terms of in said city for municipal officers, and until their successors are elected and qualified: Provided, however, that the candidate receiving the highest number of votes, for the first branch, shall serve for an additional term of two (2) years.

city council

5. It shall be the duty of the city council, at its first Duty of the regular meeting after the passage of this act, or as soon under this thereafter as practicable, to attach the remaining part of act. the said territory, not within the present wards of said city, to such of the adjoining wards as the council may deem proper, and before the first day of January, one thousand eight hundred seventy-three, the council shall re-apportion the representation amongst the several wards, in the manner provided by law: Provided, the whole number of members of the second branch shall not exceed thirty (30) and, Provided further, that nothing herein shall be construed to limit or restrict the power of the council to re-district said city, or change the lines of any ward thereof, as now provided by law.

6. All Acts inconsistent with this Act, are hereby repealed.

CHAPTER 11.-An ACT to legalize marriages heretofore celebrated between first cousins, and to exempt the parties thereto from the penalties incurred by reason of such marriages.

Passed February 6, 1871.

Be it enacted by the Legislature of West Virginia :

Acts repeal


That marriages heretofore celebrated between first cousins Marriages shall not, on that account, be deemed invalid, and the par- legalized. ties to such marriages are exempted from the penalties imposed by Section three of Chapter one hundred and fortynine, of the Code of this State.

CHAPTER 12.-An ACT to alter a part of the division line between the Counties of Tucker and Barbour.

Passed February 7, 1871.

Be it enacted by the Legislature of West Virginia:

counties of

1. The division line between the counties of Tucker and Division line Barbour is hereby altered so as to annex so much of the between the county of Barbour as lies upon the head waters of the Tucker and Brushy Fork of Teter's Creek, and east of the main western Barbour. range of the Laurel Hill mountain, by way of the Pinacle

and the Ore Bank Hill, crossing the said Brushy Fork at the Narrows to the said county of Tucker.

County sur- 2. The county surveyor of Tucker and the county surveyors of Tucker and veyor of Barbour, shall run and make the new line above Barbour, described, and make three fair plats thereof, which they their duties. shall certify and forward one each to the Recorders of the county of Tucker and of the county of Barbour, and one to the Secretary of State, who shall file and carefully preserve the same in their respective offices.

Account of 3. The accounts of the said surveyors for fees and exsaid surveyincurred under the provisions of this Act, shall be ors, how au- penses dited. audited by the Board of Supervisors of Tucker county, and paid out of the Treasury of said county.

and to exe

CHAPTER 13.-An ACT to authorize the Trustee of the Kate Barclay Lodge No. 71, I. O. O. F., to convey its property.

Passed February 7, 1871.

Be it enacted by the Legislature of West Virginia : Authority to 1. That James McKinney, of the town of Harrisville, sell real es- county of Ritchie, a surviving trustee of Kate Barclay tate and oth- Lodge No. 71, I. O. O. F., now residing in said county, is er property hereby authorized and empowered to make and execute such cute the nec- necessary deeds as shall be required to convey the real essary deeds. estate or other property of said Kate Barclay Lodge No. 71, I. O. O. F., to the trustees or other successors of Kate Barclay Lodge No. 51, I. O. O. F., of Cairo, in said county of Ritchie.

Such deeds to be valid

2. And that such deeds or other papers as shall be reand binding. quired to carry into effect the provisions of the foregoing Section, shall be as valid and binding as if the same were executed by all the late trustees of said defunct Lodge No. 71, I. O. O. F.

Terms of courts in


Han cock,

CHAPTER 14.-An ACT fixing the times of the commencement of the terms of the Circuit Courts of the First Judicial Circuit.

Passed February 7, 1871.

Be it enacted by the Legislature of West Virginia:

The terms of the Circuit Court of the counties comprising the first Judicial Circuit, instead of as heretofore prescribed, shall hereafter commence as follows:

For the county of Ohio, on the first Monday in March and the third Mondays of June and October.

For the county of Hancock, on the second Mondays of April and September and the fourth Monday of November

For the county of Brooke, on the third Mondays of April Brooke, and September and the first Monday of December.

For the county of Marshall, on the first Monday of May Marshall. and October and the second Monday of December.

CHAPTER 15.-An ACT authorizing the Board of Education of Graham Township, Mason county, to lease a portion of a certain School building.

Passed February 8, 1871.

Be it enacted by the Legislature of West Virginia :

lease a por

That the Board of Education of Graham Township, Ma-Authority to son county, be, and are hereby authorized and empowered tion of a certo lease unto New Haven Lodge No. 35,Independent Order tain school building. of Odd Fellows, the third story of their school building in District No. 2, for the term of ninety-nine years, with the right to renew at the end of that time.

CHAPTER 16.-An ACT to incorporate the Big Cacapon
Lumber and Boom Company.

Passed February 8, 1871.

Be it enacted by the Legislature of West Virginia:

Powers of


1. That F. B Davis, W. R. Davis and H. G. Davis, and Corporators. their associates and successors be and are hereby constituted Incorporaa body corporate by the name and style of Big Cacapon tion. Lumber and Boom Company, subject to Chapters fifty-two and fifty-three of the Code of West Virginia, and to such additional powers and privileges as may be granted, and to such additional restrictions as may be imposed by this Act. 2. The capital stock of said company shall not be less Capital stock than twenty thousand dollars, to be divided into shares of one hundred dollars each, and at any time hereafter be increased by the vote of the stockholders, to an amount not Increase of exceeding six hundred thousand dollars; and for the purpose. of obtaining subscriptions to the said capital stock, or so much thereof as may be necessary for the purposes of said corporation, books shall be opened under the direction Subscription of the persons named in the first Section of this Act, at such times and places as the persons who act in that capacity may deem expedient.





3. The affairs of the corporation shall be managed by the Directors. persons named in the first Section of this Act, who are hereby constituted directors, until other directors shall be elected, as hereinafter provided; and in case of the decease of one or more of said persons, or their refusal to act as directors, the remaining person, or persons, shall have power of electing other directors, for the time being, in their stead.

Privilege of 4. The corporation shall have the exclusive privilege of constructing boom on the constructing and maintaining a substantial boom or booms, Big Cacapon with or without piers, across Big Cacapon river, for the river. purpose of stopping and securing boats, rafts, saw-logs, and other timber of value; and may erect shear booms on said river; and may dredge and clear the channel of said Authority to river, and the main branches thereof; and may remove obdeal in lum-structions therefrom; and may build saw-mills and manustruct tram facture and sell lumber, and construct tram railways, subrailways. ject to the provisions of the Code.

ber and con

5. The said corporation are authorized and empowered to Authority to purchase and hold lands; to sell and convey real estate, and hold lands to engage in mining and manufacturing; and to erect and maintain wharves on Big Cacapon river, subject to the provisions of the Code concerning places of deposit, sale and shipment.

and erect


6. The said corporation may, by reason of its compliance Rates of toll with this Act, charge and collect toll or boomage not to and boomage exceed two dollars per thousand feet, board measure, for all square timber, saw-logs, boards, plank and other timber that may be floated, rafted or drifted into said boom, and stopped and retained by said boom, or by any logs or other timber in said boom, at any point or place. The said corLien for toll poration shall have a lien on all saw-logs and other timber and boomage and lumber thus boomed, for payment of all tolls or boomage, and other expenses, until the same shall be paid.

timber in

booms may


7. That if any timber shall have been boomed securely, Unclaimed as aforesaid, and no person should appear to claim the same and pay the tolls thereon, within five days, it shall be lawbe sold after ful for the corporation, after advertising the same for two weeks in some newspaper published in the county of Morgan, or by posting the same for two weeks in three public places in the county of Morgan, with marks thereon, to sell said timber to the best advantage; if said owner appear to claim the same, and at any time within a year from said sale, the owner shall be entitled to receive the proceeds thereof, after deducting the taxes, expenses, and necessary charges; but if not claimed within one year the proceeds shall inure to and be vested in said corporation for their ceeds dispos- own use.

How pro

ed of.

8. That if any person or persons shall wilfully and maPenalty for liciously injure or destroy any of said booms, or piers, or injuring com other works connected therewith, or shall remove, alter or pany's works deface any mark or marks on any logs or other timber inor defacing marks on tended for said boom, he shall pay treble damages, to be relogs. covered by an action of trespass, brought in the name of said corporation, before a justice of any of the courts in the county in which he or they shall reside, or in the county in

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which the offense was committed; and said person or persons so offending may also be subject to an indictment in Punishment the Circuit Court for the county where the offense was com- for injury to mitted, and upon conviction thereof may be punished by company's. fine and imprisonment, in the discretion of the court.



9. That all timber other than that belonging to said com- Measurepany in said boom, shall be measured and its quantity as- ment of timcertained by some competent person or persons, to be appointed by the company.


10. That should any boards, logs, or other timber be- Penalty for longing to the said corporation be carried by the winds, by timbers carconverting the force of the current, or otherwise, into any bays, ried away by creeks, coves, or upon the shore, or upon any bar or fat winds or walands, it shall be a penal offense for any person or persons, except the owners thereof, to take possession of, sell or convert to his or their own use said logs or timber-punishable as provided in the seventh Section of this Act. The Liability of corporation shall not be liable to any loss or damage that the company may be caused by fire or flood, or by the lawful acts of for damages. person or persons not in their employ. Whenever the words "logs or "timber" occur in this act they shall be the words taken to mean logs and timber of every kind and descrip- "logs" or tion, manufactured or unmanufactured.

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11. The right is reserved to the Legislature to alter or Act may be amend this Act; but such alteration or amendment shall amended. not affect the rights of creditors, or impair the vested rights

of the corporators.

CHAPTER 17.-AN ACT enabling Jerome Shelton to qualify as Prosecuting Attorney of Lincoln county.

Passed February 8, 1871.

WHEREAS, Jerome Shelton, of the county of Lincoln, was Preamble. duly elected to the office of Prosecuting Attorney of the said county, at the general election held therein on the 27th day of October, 1870

And whereas, at the time of the said election, the said Shelton was a registered voter of the said county, but it being represented that he cannot take the oath known as the test oath, prescribed by Section One, Chapter Nine of the Code of West Virginia; therefore,

Be it enacted by the Legislature of West Virgin a :

Shelton to

That the said Jerome Shelton, for the reasons stated in Authority the preamble to this act, be, and he is hereby authorized for Jerome and permitted to qualify as Prosecuting Attorney of the qualify as said county of Lincoln for the term of two years, to date Prosecuting from the first day of January, 1871, before the Circuit Court Attorney of of the said county of Lincoln, at the next term thereof, or ty.

Lincoln coun

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