CHAPTER 163.-AN ACT authorizing the Hopewell Baptist Church to sell thirty acres of land in the county of Jackson. Passed February 28, 1871. Be it enacted by the Legislature of West Virginia: sell certain That the Hopewell Baptist Church, in the county of Authority to Jackson, is hereby authorized to sell and convey thirty church propacres of land in said county, devised to said church by erty. James N. Ankrom. CHAPTER 164.-AN ACT authorizing the auditor to refund certain monies to counties and townships. Passed February 28, 1871. Be it enacted by the Legislature of West Virginia: released and 1. That all county, township and school district taxes Certain delinthat may have been heretofore or may hereafter be paid quent taxes into the treasury of the state, in the redemption of lands returned to returned delinquent for the non-payment of the taxes counties, thereon, be released and returned to the counties, town- townships ships and independent school districts respectively in dent school which the said taxes were assessed. and indepen districts. 2. The auditor is hereby authorized and directed to issue Auditor's his warrants on the treasury in favor of the proper county, warrant to be township or independent school district officers for the drawn for the several sums of money due such county, township or independent school district on account of such delinquent taxes. CHAPTER 165.-AN ACT authorizing the Methodist Be it enacted by the Legislature of West Virginia: The trustees of the Methodist Episcopal Church at Authority to Farmington, in Marion county, are hereby authorized to sell church sell and convey their church property. CHAPTER 166.-AN ACT for the better protection of telegraph and railroad property. Passed February 28, 1871. Be it enacted by the Legislature of West Virginia: property. That any person who shall wilfully or maliciously de- Penalty for stroy or injure any of the wires, poles, insulators or other injury to the property or material belonging to any telegraph or railroad property of telegraph or company shall be guilty of a misdemeanor, and, upon con- railroad comviction, shall be punished by imprisonment in the county panies. Preamble. Section 14 of jail not exceeding twelve months, and by fine not exceed ing five hundred dollars, at the discretion of the court. Such person shall also be liable in a civil action for all damages to such property caused by such destruction or injury. CHAPTER 167.-AN ACT to amend and re-enact section fourteen of chapter one hundred and twenty-four of the code of West Virginia, as amended and re-enacted by chapter one hundred and nine of the acts of 1870. Passed February 28, 1871. Whereas, By chapter one hundred and nine of the acts of the legislature of 1870, section fourteen of chapter one hundred and twenty-four of the code of West Virginia was, by mistake and inadvertence, so amended as to give to the the parties defendant therein named only one year from the date of a judgment or decree to appear and have the same re-heard, when it was intended to give them five years for such purpose, for remedy whereof, Be it enacted by the Legislature of West Virginia: That section fourteen of chapter one hundred and twenchapter 124 ty-four of the code of West Virginia, as the same was amended and re-enacted by chapter one hundred and nine of the acts of 1870, be now amended and re-enacted, so that the same shall hereafter read as follows: of the code amended. Within what time case may be re-heard corrected. "Any unknown party or other defendant, who was not served with process in this state, and did not appear in the case before the date of such judgment, decree or order, or and injustice the personal representative of such may, within five years from that date, if he be not served with a copy of such judgment, decree, or order, more than one year before the "end of said five years, and if he was so served, then within one year from the time of such service, file his petition to have the proceedings reheard, in the manner and form provided for by sections twenty-six and thirty of chapter one. hundred and six, and all the provisions of these sections, and of sections thirty-one and thirty-two of chapter one hundred and six are hereby made applicable to proceedings under this section." CHAPTER 168.-AN ACT to incorporate the Union and Be it enacted by the Legislature of West Virginia : of the Chesapeake and Ohio Railroad Company, on the south or north side of Greenbrier river, Thomas Mann, James M. Nickell, Calvin H. Burdett, John A Nickell, Corporators. Harry Robinson, Frank Hereford, A. T. Caperton, Madison McDaniel, and Augustus A. Chapman, their successors and assigns, and such persons as may become stockholders, are hereby created a body politic and corporate under the name of "The Union and Greenbrier River Turnpike and Incorporation Railroad Company." Said company is hereby authorized to construct a turnpike road or McAdam road, or to construct and equip a railroad, upon any of the plans now in use, corporation. with the broad or narrow gauge, or upon the plan and model known as the "tram railroad," with the right to operate the same, either by steam or horse power, from the town of Union, in Monroe county, to such depot of the Chesapeake and Ohio Railroad Company, on the south or north side of Greenbrier river, by the nearest or most. practicable route, as the said stockholders may determine. Powers of 2. The capital stock of said company shall not exceed Capital stock. one hundred thousand dollars, to be divided into shares of Shares. twenty-five dollars, and books of subscription may be opened books. How counties in the town of Union, under the direction of Andrew H. CommissionJohnston and Henry S. Shanklin; and at Rocky Point, ers to open under the direction of A. M. Hawkins and A. N. Campbell. Any county may subscribe, as provided by sections forty and forty-one of chapter thirty-nine of the code, and and townships any township may also subscribe. The supervisor of a may subscribe township may submit to the people thereof the question of subscribing a sum to be proposed at a special election to be called by said supervisor, to be held at the places, and to be conducted in the manner and by the persons prescribed by law for holding general elections, after having given forty days' notice in a newspaper published in the town of Union. The result of the voting shall be certified by the supervisor, and if a majority of the votes cast be for the proposed subscription, then the sum which was proposed shall be subscribed to the capital stock of said company in behalf of the township by the supervisors thereof. The supervisor of a township owning such stock, or a proxy of such township, shall represent its stock in all meetings of stockholders. 3. The meetings of the stockholders and of the presi- Meeting of dent and directors shall be held, and the principal office the stockholdkept in the town of Union, unless the stockholders shall ers and prinotherwise order. cipal office. 4. The president and directors of said company may bor- Power to borrow money in furtherance of the object of the company, row money. and through the president may execute deeds of trust or mortgage upon the property of the company, to secure the Rates of toll payment of money so borrowed, or other debts of the company. 5. Whenever as much as five miles continuously of said on turnpike. road shall have been completed, tolls, not exceeding the rates allowed by law, if it be a turnpike or McAdam road, may be charged, and so when any additional section of five miles shall have been completed, on the whole line of road. Rates of toll 6. Should said company determine upon the construction on railroad. of a railroad or tramroad, and shall actually build the same, upon the completion of five miles thereof, and so on until the whole road is built, they may charge the following rates of toll for transportation, to-wit: For a person, with his baggage (not exceeding 150 pounds,) not exceeding cents per mile; for produce and other articles not exceeding cents per ton per mile; for any person or produce, or other articles transported for a distance less than ten miles, a charge may be made at the foregoing rates as for ten miles; when articles weigh less than four pounds to the cubic foot, a charge may be made on each cubic foot as for four pounds weight, and when the articles in any one consignment weigh less than one hundred pounds, a charge may be made as for a hundred pounds. If for the transportation of any person with his baggage, or for any consignment, the whole charge would be less than twenty-five cents, that sum may be charged as a minimum. For the weighing, storage and delivery of any article at a depot or warehouse of the company, a charge may also be made, not exceeding. the ordinary warehouse rates charged in the town in or nearest which the depot may be. Condemna 7. Said company may cause such lands as may be necestion of lands. sary for its use to be condemned, as provided in chapter forty-two of the code of West Virginia. Property exempt from taxation. Powers of company. Organization. 8. The property of said company shall be exempt from all taxation until its net earnings exceed ten per cent. of its capital stock. 9. The company hereby incorporated shall have the rights, power and privileges, and be subjected to the regu lations, restrictions and liabilities specified in chapters fifty-two and fifty-three of the code of West Virginia, as far as applicable, and not inconsistent with the provisions of this act. 10. Said company may be organized when four hundred shares shall be subscribed to its capital stock, and, unless it shall be organized, and commence its proper corporate business within one year from the passage of this act, this act shall cease to have effect. 11. The right is reserved to the legislature to alter, Act amendaamend or repeal this act; but such alteration, amendment ble. or repeal shall not effect the rights of creditors or impair the vested rights of the corporation. CHAPTER 169.-AN ACT authorizing the extension of the Iron Valley Railroad, from Iron Dale by Mogantown to the Pennsylvania state line. Passed February 28, 1871. Be it enacted by the Legislature of West Virginia: railroad. firmed. That George Hardman and D. Randolph Martin, their Authority to heirs and assigns be, and are hereby authorized to extend extend the their railroad from Franklin Iron Works, or Iron Dale, in Iron Valley the county of Preston, to Morgantown, in the county of Monongalia, and from thence to the line dividing the state of West Virginia and Pennsylvania, with the same rights and subject to the same restrictions and conditions Rights and prescribed by the act of the legislature, passed June 9, privileges of 1868, entitled "An act to authorize the construction and company conmaintainance of a railroad, with branches, from Franklin Iron Works to the Baltimore and Ohio Railroad, in the county of Preston," except that in obtaining title to the Proviso. lands required for the extension of said road, and the materials from the land adjacent thereto, proper and necessary for its construction and repair, they, the said George Hardman and D. Randolph Martin, their heirs and assigns, shall take proceedings, as prescribed by chapter 52 of the code of West Virginia, and the acts amendatory thereof, instead of proceeding under the provisions of the 56th chapter of the code of Virginia, in relation to corporations generally. And that they shall have the right to increase the width of their road to sixty feet. CHAPTER 170.-AN ACT to amend and re-enact an act passed February 24th, 1870, entitled, "An act to incorporate the Northern and Southern West Virginia Railroad Company." Passed February 28, 1871. Be it enacted by the Legislature of West Virginia : 1. That Charles S. Lewis, Benj. Wilson, Henry W. Schealy, Peter H. Goodwin, Solomon S. Fleming, Joseph Corporators. L. Carr, Cyrus Vance, Luther Haymond, George C. Sturgiss, G. D. Camden, T. S. Spates, John S. Hood, Wm. Hood, William A. Hanaway, John J. Brown, D. H. Chadwick, Geo. W. Jollet, Blackwell Jackson, Thomas A. Horner, William Price, Francis H. Pierpoint, A. B. Fleming, Fontane Smith, Jesse Miller, Jonathan M. |