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poration to erect their booms on any lands without the consent of the owners thereof.

12. The right is reserved to the legislature to alter or Act amendamend this act. But such alteration or amendment shall able. not affect the right of creditors, or impair the vested rights of the corporation.

CHAPTER 190.-AN ACT to amend and re-enact section six of an act entitled "An act to amend and re-enact the charter of the city of Charleston, in the county of Kanawha," passed February 17th, 1871.

Passed February 28, 1871.

Be it enacted by the Legislature of West Virginia :

That section six of the act passed February seventeenth, Section eighteen hundred and seventy-one, entitled "An act to amended. amend and re-enact the charter of the city of Charleston, in the county of Kanawha," be and the same is hereby amended and re-enacted so as to read as follows:

cilmen, how

Section 6. The mayor and recorder shall be elected by Mayor, recorthe citizens of said corporation who may be entitled under der and counthis act to vote, but these officers shall not reside in the elected. same ward during their term of office. Three councilmen shall be elected by the qualified voters of each ward.

CHAPTER 191.-AN ACT to incorporate the Charleston and Trans-Elk Street Railway Company.

Passed March 1, 1871.

Be it enacted by the Legislature of West Virginia :

1. J. Brisben Walker, Philip W. Morgan, J. G. Hu- Corporators. ling, A. J. Vosburg and T. B. Swann, and their associates successors and assigns, and all who shall become stockholders, when one hundred shares of the capital stock shall be subscribed as hereinafter provided, are hereby made a body politic and corporate by the name and style and title of "The Charleston and Trans-Elk Railway Incorporation Company."

Route of road.

2. That said company is hereby authorized to construct street railways in all the streets of Charleston and across Elk river as low down as Two-mile creek of Kanawha river, two miles below Charleston, subject to all the rights and Rights and privileges of this act, and provide everything necessary for privileges of convenient transportation on the same.


3. The capital stock of said company shall be twenty Capital stock. thousand dollars, divided into shares of twenty-five dollars

($25) each, and books may be opened by the corporators Subscription

or any three of them to receive subscriptions to said capi- books.

When company may organize.

How books are to be opened.

Powers and liabilities of


Authority to increase

tal stock within two years after the passage of this act, at such place or places as said corporators or any three of them may designate, and when two hundred shares of stock shall be subscribed in said company, and ten per cent. thereof shall have been actually paid in according to law, 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 received in the manner prescribed by the code of West Virginia, 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 said code in matters pertaining thereto and all other general laws now in force relating to street railway companies, except so far as the provisions of this act may vary or be inconsistent therewith.

5. If the capital stock of said company shall be insufficapital stock, cient 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, the said company shall have power to borrow money at a rate not exceeding eight per cent. in gold, payable semi-annually, and to mortgage their property therefor, to accept and receive lands in payment of stock subscribed, and sell and convey the same.

Two mile of road to be


President and directors to

6. The said company is required to build two miles of constructed, their road within two years from the passage of this act. 7. The president and directors of said company are authorized to make bonds for indebtedness under the seal issue bonds. of said company for such sums, and payable at such times, and sell and dispose of the same on such terms as to them may seem proper.

Who may subscribe to

capital stock,

and how.

Notice of election.

Act amendable.

8. The town of Charleston, or the county of Kanawha, or any township thereof may subscribe to the capital stock of said company. Whenever a majority of the voters of said town or county or townships or either of them shall so determine, said subscriptions shall be made by the council of said town, or the board of supervisors of said county, or the supervisor and clerk of any township, and proper levies shall be assessed to pay the same.

Notice of said elections shall be given at least twenty days before the same are held.

The Legislature reserves the right to alter or repeal this act, but the same shall not affect vested rights.

This charter shall continue for one hundred years.

CHAPTER 192.-AN ACT granting a commission to the
Sheriff of Marshall county, on taxes paid into the state
treasury by the Baltimore and Ohio Railroad Company.
Passed March 1, 1871.

Be it enacted by the Legislature of West Virginia:

1. The sheriff of Marshall county shall be allowed the Commission usual commission on all taxes paid into the treasury by on taxes allowed the Baltimore and Ohio Railroad Company, by reason of sheriff of such assessment for said county.

Marshal county.

sheriff with

2. The auditor is hereby directed to credit the said Auditor to sheriff with the amount of commission herein allowed, ac- credit said cording to the amount of taxes paid by such railroad com- said company for said county. And the auditor shall issue his mission. warrant on the treasurer in favor of such sheriff for the amount so appearing due him by reason of the commission herein granted.

CHAPTER 193.-AN ACT to amend and re-enact sections one, two, three and eleven of an act entitled "An act relating to the school district of Wheeling," passed February 23, 1867.

Passed March 1, 1871,

Be it enacted by the Legislature of West Virginia.

Sections one, two, three and eleven of chapter fifty- Sections. seven of the acts of eighteen hundred and sixty-seven, are amended. hereby amended and re-enacted so as to read as follows:

"1. The townships of Madison, Clay, Union, Centre and How district Webster, in the county of Ohio, and such portions of the constituted. townships of Washington and Ritchie as are included. within the corporate limits of the city of Wheeling, in the said county, shall constitute but one school district, to be known as "The School District of Wheeling."


"2. At every annual election for township officers, there Commissionshall be elected in each township, or part of township, of the ers, their elecschool district of Wheeling, one competent person to serve as school commissioner for a term of three years from the first Monday in July succeeding his election, and until his successor is elected and qualified; and the person so elected throughout the district, together with the commissioners already elected for three years, and whose term of office will not expire at the close of the present school year, shall constitute a board of education for the district to be denominated "Board of Education of the Board of School District of Wheeling." The terms of office of the education. members of the present board of education shall, cease with the expiration of the time for which they were respectively elected. And wherever thereafter in other sections of said act the word "townships' occurs, the words "or part of township" shall be inserted."

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their election.


Commission- "3. At the first annual election for township officers ers of Ritchie after the passage of this act, the voters of that portion of township, the township of Ritchie, embraced within the corporate limits of the said city of Wheeling, shall elect three competent persons to serve as school commissioners; the person receiving the highest number of votes to serve for Their term of three years, the person receiving the next highest number of votes to serve for two years, and the person receiving the next lower number of votes to serve for one year; and annually thereafter the election of commissioner shall be held in accordance with the provisions of the second section of said act relating to the school district of Wheeling. And it shall be lawful for the board of education of the Apportionment of rep- said city of Wheeling to provide by appointment for the representation of the sub-district of Ritchie in the said said district. board, until said school commissioners of that sub-district shall be elected and qualified in pursuance of the provi sions of this act, and the said act relating to the school district of Wheeling."

resentation in

Assesment for



"11. It shall be the duty of the board of education school purpo- annually, in the month of July, to determine as nearly as practicable the amount of money necessary, in addition to all other available funds, to continue the schools of the district for a period of not less than nine months, and for all other purposes relating to the schools of the district, such as the repairing and improvement of school premises, the purchase of sites and the building of school houses, and the payment of debts previously contracted which may fall due within the year. And said board shall cause the amount to be assessed on all the taxable property of the district; provided that no more than four mills on the dollar valuation of said taxable property shall be assessed in any one year for the purpose of continuing the schools for said period of not less than nine months, and for ordinary repairs and incidental expenses; and not more than three mills on the dollar valuation for the purchase of sites, the building of houses and permanent improvements. The amount collected under the assessment last named shall be Building fund known as the "Building Fund." The assessment made under the provisions of this section shall be collected by the same officer by whom the city levies are collected. Collection of The amounts thus collected shall severally be certified by the collecting officer to the clerk of the board of educa tion, and shall be paid out only upon drafts signed by the clerk, and issued by order of the board; but the board of education shall not, during any one year, incur any expenses that shall exceed the amount of available funds received for school purposes during that year."


CHAPTER 194.-AN ACT to amend the law relative to real estate hereafter sold for taxes.

Passed March 1, 1871.

Be it enacted by the Legislature of West Virginia:

state to real

ment of taxes

When any real estate has been, since the formation of Title of the this state, or shall be hereafter sold for the non-payment estate hereof taxes thereon, and purchased for and vested in the state, after sold for and become irredeemable, or forfeited to and vested in the the non-paystate, and the same, or any part thereof, shall be hereafter vested in the sold, in the name of any person who has been charged on purchaser the assessors' books with taxes on such real estate, for the after obtainnon-payment of taxes thereon, and purchased by any per-causing same ing a deed and son, and not redeemed within one year from such sale causing same thereof, and he or his heirs or assigns shall obtain a deed therefor and cause it to be admitted to record, so that, but for such sale and purchase for the state, or forfeiture to the state, he or they would have title to such real estate, or any part thereof, any title of the state, acquired as aforesaid, which it may then have to such real estate, or any part thereof, shall be and stand vested in him or them.

CHAPTER 195.-An act authorizing the sale of certain church property in the city of Wheeling.

Passed March 1, 1871.

to be recorded

Whereas, Frederick Huber, in the year 1843, became Preamble. the fiduciary purchaser of lot No. 103, situate in that part of the city of Wheeling known as East Wheeling, for the use and benefit of the German Lutheran congregation; and whereas, thereafter the United German Evangelical Church congregation acquired an interest in said lot No. 103, and whereas, the two congregations have united as one in the name of the "Independent German Evangelical Protestant Church," and have purchased another site for a house of worship, and are desirous of selling said lot No. 103, therefore,

Be it enacted by the Legislature of West Virginia:

That G. W. Franzhiem and John Pfarr, trustees of said Authority for "Independent German Evangelical Protestant Church," or trustees to sell their successors, are hereby authorized and empowered to certain sell and convey said lot No. 103, and make, execute, and prodeliver proper deed or deeds of conveyance to the purchaser.

church perty.

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