Authority to sell soldiers cemetery at Grafton. Consent of legislature granted for the United CHAPTER 196.-AN ACT authorizing the sale and conveyance, to the United States, of the Soldiers' Cemetery at Grafton, in this state. Passed March 1, 1871. Be it enacted by the Legislature of West Virginia : 1. That the governor be and he is hereby authorized to sell and convey to the United States, for such consideration as he may deem just, all the right, title and interest of the state in and to the soldiers' cemetery, at Grafton, in this state. 2. And the consent of the legislature is hereby granted to the United States to hold, occupy and use the ground, buildings, &c., of said soldiers' cemetery as a place of burial States to hold for the dead, but not otherwise. such property Right of way across the Wheeling. Island granted. CHAPTER 197.-AN ACT to authorize the construction of a railroad across the Ohio river at Wheeling Island. Passed March 1, 1871. Be it enacted by the Legislature of West Virginia: # 1. That any railroad company that may be incorporated by the laws of the state of Ohio, for the construction Ohio river at of a railroad from the city of Wheeling, or from the western bank of the Ohio river, opposite to said city, northwestwardly through the state of Ohio, in the direction of New Philadelphia and Toledo, or other point on or near Lake Erie, shall have power to extend its road across the Ohio river at Wheeling Island, and to bridge either or both branches of the Ohio river to such point within the city of Wheeling as it may deem advisable. Provided, however, that the bridge herein authorized to be built or constructed shall not be less than ninety feet high from low water mark; and the middle or channel span shall not be less than four hundred feet wide; except that the provisions herein contained shall not apply to the branch of the Ohio river on the west side of Wheeling Island. Proviso. Powers and privileges. Proviso. 2. That such railroad company shall have the same powers, privileges and franchises in this state for the purpose of constructing, maintaining and operating so much of this road as lies in this state, and erecting and maintaining a bridge or bridges over one or both branches of the Ohio river, as are conferred upon said company by the laws of Ohio. And said corporation shall, so far as their road in this state is concerned, be deemed and taken to be a West Virginia corporation. Provided, however, that nothing herein contained shall be construed to confer upon said corporation any powers, privileges and franchises inconsistent with the constitution and laws of the United States or of this state; and that in the exercise of its pow ers, privileges and franchises it shall be governed by the general railroad laws of this state as far as said law is applicable. CHAPTER 198.-AN ACT to authorize Portland school district, in Preston county, to levy a tax to continue its school for a longer period. Passed March 1, 1871. Be it enacted by the Legislature of West Virginia: 1. The trustees of Portland school district, in Preston Authority for county, are hereby authorized to call a meeting annually the school district to levy of the qualified voters of said district, by posting written an extra tax notices in three conspicuous places in the district, at least to continue its one week before the time appointed for said meeting, and schools for a if a majority of the voters of said district are present, shall longer period. proceed to take the sense of the meeting in respect to levying an extra tax on the district for the purpose of continuing its school for a longer time than that of the other districts of the township; and if a majority of the voters present are found to be in favor of such tax, said tax, including the township tax for school purposes, not to exceed eighty cents on the hundred dollars, then the trustees shall Tax not to excertify the same to the township board of education, who, ceed 80 cents in the next annual levy for the township, shall levy said on the $100. extra tax on said district in the same manner as the town- How said tax is to be levied. ship levy is made, and it shall be collected in the same manner and by the same collector as the township levy; but the amount collected on said extra tax, shall be used exclusively for the benefit of the aforesaid Portland school district. be received 2. If such extra tax is voted and levied, the said Port-Said tax not land school district shall be entitled to receive from the to diminish township and state funds the full amount it would other- the amount to wise have received from them, and its school shall be con- free tinued as much longer than the other districts of the town- township and ship as the proceeds of its extra tax will pay for. CHAPTER 199.-AN ACT to amend certain portions of chapter thirty-three of the code of West Virginia. Be it enacted by the Legislature of West Virginia: state funds. Chapter 33 of billiard tables or bowling So much of chapter thirty-three of the code of West Vir- the code ginia as relates to the tax on billiard tables and bowling amended. alleys, is hereby amended so as to provide that the owner Keepers of or keeper of a billiard table or bowling alley may take out license on the same for any fractional part of a year, not less than one month, at the proportionate part of the sent rate of tax, which the time for said license taken bears 24 pre alleys may take out licenses for anv fractional part of a year. Acts repealed, to a whole year. And all acts and parts of acts inconsist ent with this act are hereby repealed. State tax on licenses for theatrical CHAPTER 200.-AN ACT amending and re-enacting section five, of chapter thirty-three of the code of West Virginia. Passed March 1, 1871.. Be it enacted by the Legislature of West Virginia: That section five of chapter thirty-three of the code of West Virginia be so amended as to read, "The state tax performances, on every license for theatrical performances shall be twenty dollars for each week, or four dollars per day for any fractional part of a week." Corporators. CHAPTER 201.—AN ACT to incorporate the Buckhannon Passed March 1, 1871. Be it enacted by the Legislature of West Virginia: 1. That D. D. T. Farnsworth, George R. Latham, A. M. Poundstone, J. S. Fisher, G. Auston Newlon, W. C. Carper, A. B. Clark, Thomas J. Farnsworth, J. H. Rohrbough, Thomas G. Farnsworth, Levi Leonard, Andrew Poundstone, S. B. Phillips, P. F. Pinnell, Mifflin Lorentz, J. W. Heavner, G. E. Jarvis, A. D. Casteel, B. F. Martin, Samuel Woods, Lewis Wilson, Job Glasscock, Spencer Dayton, Thomas Kenedy, A. H. Thayer, J. H. Taylor, T. S. Spates, George Bastable, Ira Hart, Adam Bumgardner, Wellington Martin, W. W. Daniels, all of West Virginia, and A. B. Clark, of Ohio, and such other persons as may ́become associated with them in the manner hereinafter provided, shall be and they are hereby constituted a body Incorporation politic and corporate by the name of "The Buckhannon Mineral Railroad Company," and by that name shall have succession and have power to sue and be sued in any court whatever, and may have and use a common seal with the right to alter or renew the same at pleasure; and shall have all the powers, rights and franchises necessary and proper to locate, construct and maintain a railroad to be known as "The Buckhannon Mineral Railroad Company," Route of road, to begin at some point on the "Northwestern Virginia Railroad," at or near Clarksburg, in the county of Harrison, or at some point on "The Baltimore and Ohio Railroad," at or near Grafton, in the county of Taylor, or at any intermediate point between the said Clarksburg and Grafton, and to run thence by the most practicable route to the town of Buckhannon, in the county of Upshur. And the said company shall be and is hereby invested with all and singular the rights, powers, immunities, franchises Corporate powers. 1 vested with Ohio railroad, and privileges for surveying, constructing and equipping Company insaid railroad, and working, repairing, preserving and con- the rights and trolling the same, and the necessary vehicles and appur- privileges entenances thereto belonging, for the safe and convenientjoyed by the transportation of freight and passengers thereon, and with Baltimore and the power and authority to charge and collect tolls on passengers and freight on the same, and every part thereof which the Baltimore and Ohio Railroad Company enjoys under the act incorporating said company, and the acts amendatory and supplementary thereto, and subject to any of the laws of this state, as if the same were hereby expressly enacted as part hereof. 2. The capital stock of said company shall not exceed Capital stock. the sum of one million of dollars, to be divided into shares shares. of twenty-five dollars each, and shall be considered as per sonal property, and shall be transferable in such manner as may be provided by the by-laws of said company, and each share thereof shall entitle the holder to one vote in all the meetings of the stockholders of said company, to be given either in person or by proxy; and for the purpose of obtaining subscriptions to the said capital stock, books Subscription may be opened under the direction of the persons named in books. the first section of this act, or any three or more of them, at such times and at such place or places as the persons who may act in that behalf shall deem expedient, and payment may be made for the whole or any part of such sub..scriptions either in lands or other property or money, and if in lands or other property, then at such price and valuation as may be agreed upon by those securing such subscription; and the said company may also accept and receive from any person or persons voluntary donations of Voluntary any lands or other property or money given in aid of the donations. location, construction and equipment of the said road, and may hold and enjoy the same as part of the capital stock hold real of the said company. Any real estate may be conveyed to Authority to the said company for the purposes aforesaid, by proper estate. deeds of conveyance, and the same may be disposed of for the lawful purposes of the company by proper deeds of conveyance, executed by the president thereof, upon the order of a majority of the directors of the said company at a meeting thereof; and in case the said company shall or- Subscriptions ganize and proceed to act as a corporate body before the after organiwhole amount of the said capital stock shall have been sub-zation. scribed, the president and directors of the said company shall have power at any time thereafter and as often as they may deem it necessary, and without opening anew books of subscription, to receive further subscriptions to said capital stock and to augment the same to such extent as may be authorized and fixed at any general meeting of the stockholders of said company, not to exceed, however, the said sum of one million of dollars; and it may be law tic to take tain counties to take stock. Voters to decide. ful for all persons and bodies corporate and politie, whatsoever, to become subscribers for and owners of the capital stock of said company, or any part thereof. Authority for 3. It shall be lawful for all persons and bodies, corporate bodies corpo- and politic whatsoever, to become subscribers for and ownrate and poli- ers of the capital stock of said company, or any part therestock. of, and power and authority is hereby given to the counties Also for cer- of Upshur, Harrison, Taylor and Barbour to become subscribers for and owners of the said capital stock of said company, or any part thereof, whenever a majority of the legal voters of either of said counties shall at any election ordered therefor, vote in favor thereof; but neither of the said counties shall have power to subscribe for and become the owners of more than two hundred thousand dollars of the capital stock of said company; and immediately after the organization of said company the board of supervisors Supervisors of of said counties may order an election to be held in said said counties; counties to test the sense of the people thereof as to wheththeir duties. er or not said counties desire to become subscribers for $200,000 of stock maximum for a county. Directors. and owners of the capital stock of said company or any 4. The affairs of said company shall be managed by the persons named in the first section of this act, who are hereby constituted directors of said company, until direct ors 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 to select other persons as directors for the time being in their stead, and whenever an amount of the capi tal stock of said company shall be subscribed, sufficient, in the judgment of the said directors, to justify it in proceeding of stocking to the prosecution of its business, a general meeting of the subscribers to the stock of said company shall be held General meet holders. |
