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

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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.

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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 amendod.
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:

Section 6. The mayor and recorder shall be elected ty Mayor, recorthe citizens of said corporation who may be entitled under der and coun

cilmen, how this act to vote, but these officers shall not reside in the

same ward during their term of office. Three councilmen
shall be elected by the qualified voters of each ward.

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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 stock-
holders, 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

2. That said company is hereby authorized to construct Route of road. 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

company. convenient transportation on the same.

3. l'he 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.

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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, When com- said company may organize in the manner provided by the pany may

code of West Virginia in the matter of internal improveorganize.

ment companies. How books

4. The said books shall be opened and the subscriptions

received in the manner prescribed by the code of West opened.

Virginia, prescribing general regulations for the incorpoPowers and ration of railroad companies. The said company shall be liabilities of subject to all the provisions and liabilities, and entitled to company.

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 therewitħ. Authority to

5. If the capital stock of said company shall be insuffiincrease

cient for the purposes of this act, the said company shall capital stock.

have power and are hereby authorized to increase the same
by the addition of as many shares as may be deemed nec-
essary, the said company shall have power to borrow money
at a rate not exceeding eight percent. 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
Two mile of
road to be

6. The said company is required to build two miles of constructed, their road within two years from the passage of this act. when. President and

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.

8. The town of Charleston, or the county of Kanawha,
Who may sub-
scribe to or any township thereof may subscribe to the capital stock
capital stock, of said company. Whenever a majority of the voters of
and how,

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

Notice of said elections shall be given at least twenty election.

days before the same are held. Act amend

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

This charter shall continue for one hundred years.


the same.

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三三三 三三三

on taxes

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 allowed the Baltimore and Ohio Railroad Company, by reason of sheriff of such assessment for said county.


county. 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.

sheriff with

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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 follows:

“1. Th2 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 words “or part of township” shall be inserted.”


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Commission- “3. At the first annual election for township officers
ers of Ritebie after the passage of this act, the voters of that portion of
their election.

the township of Ritchie, embraced within the corporate
limits of the said city of Wheeling, shall elect three com-
petent persons to serve as school commissioners; the per-

son receiving the highest number of votes to serve for Their term of three years, the person receiving the next highest number office. 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 sec-

tion of said act relating to the school district of Wheeling. Apportion

And it shall be lawful for the board of education of the ment of rep- said city of Wheeling to provide by appointment for the resentation in 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.”

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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 dolProviso.

lar 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.

The amounts thus collected shall severally be certified by
Collection of

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 ex-
penses that shall exceed the amount of available funds
received for school purposes during that year.”

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CHAPTER 194.-AN ACT to amend the law relative to real shing

estate hereafter sold for taxes. t porta.

Passed March 1, 1871.
Be it enacted by the Legislature of West Virginia :

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-payyere state, and the same, or any part thereof, shall be hereafter e il sold, in the name of any person who has been charged on purchaser econds the assessors' books with taxes on such real estate, for the after obtain

non-payment of taxes thereon, and purchased by any per- causing same ne son, and not redeemed within one year from such sale to be recorded zu find 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.

ment of taxes vested in the

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

Passed March 1, 1871.
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 Evangeli-
cal 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

church sell and convey said lot No. 103, and make, execute, and


perty. deliver proper deed or deeds of conveyance to the purchager.


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