Subscription books. Incorporation Mills, Harrison county, West Virginia, by the way of Sardis, to the Northwestern turnpike at, or near, Wilsonburg, it shall be lawful to open books for receiving subscriptions for a sum not exceeding ten thousand dollars, in shares of twenty-five dollars each, for which purpose books of subscription may be opened under the superintendence of R. S. Ogden, A. L. Husted, J. W. Swiger, or any two of them, at such times and places as they may deem advisable. 2. That when eighty shares of the aforesaid amount shall have been subscribed, the subscribers, their executors, administrators and assigns, shall be, and they are hereby incorporated into a company by the name and style of the "Brown's Mills and Wilsonburg Turnpike Company," subject to the provisions of general laws, regulating the incorporation of turnpike companies; provided that said road shall be cleared thirty feet, and improved sixteen feet wide, grade of road. and shall be of a grade nowhere exceeding five degrees, and that the same tolls be charged as are now allowed by law upon other roads chartered by the legislature." Width and When act take effect. Sale of real estate suffi certain taxes. 3. This act shall be in force from its passage. CHAPTER 206.-AN ACT to amend and re-enact section eight, chapter thirty-one of the code of West Virginia. Passed March 1, 1871. Be it enacted by the Legislature of West Virginia: "8. The sale shall be of such tract of land; or town lot, or of such separate quantities or parts of such tract or uncient to satisfy divided interest in such lot as shall be sufficient to satisfy the state taxes for state and school purposes, the county taxes, and the township taxes for previous years, remaining unpaid and due, and with such interest, damages and comProceeds of missions as aforesaid on each class of taxes. The proceeds and township of such sales for county and township taxes shall be paid into the county treasury, and credited to the county and to the township to which they properly belong." sale for county taxes, how disposed of. CHAPTER 207.-AN ACT requiring the board of education in Triadelphia township, Ohio county, to employ a German teacher. Passed March 1, 1871. Be it enacted by the Legislature of West Virginia: German man language regularly taught in the free school of Tria- Authority to delphia, in said township, and for which purpose the trus- employ a tees of said school shall employ an assistant teacher capa- teacher. ble of giving instruction in all the branches required to be taught in the free schools of this state, in both the English and German language. Provided, however, that no Proviso. such assistant teacher shall be employed, unless twenty German scholars shall attend said school; and provided further, that the salary of said teacher shall be provided for by taxation on the taxable property within the school district of the town of Triadelphia. All acts or parts of Acts repealed. acts inconsistent with this act are hereby repealed. CHAPTER 208.-AN ACT to authorize the board of education of Parkersburg township, Wood county, to increase the salary of their secretary. Passed March 1, 1871. Be it enacted by the Legislature of West Virginia: CHAPTER 209.-AN ACT declaring a certain part of Long Drain Fork of Fish Creek, in Wetzel county, a public highway. Passed March 1, 1871. Be it enacted by the Legislature of West Virginia: CHAPTER 210.-AN ACT to prevent hogs from running at large in certain portions of Barbour county. Passed March 1, 1871. Be it enacted by the Legislature of West Virginia: Authority to pay a secretary. Fork of Fish Creek declar- within certain 1. That it shall be unlawful for the owner of hogs to Hogs not to permit the same to run at large on the public highways in run at large that portion of Barbour county lying within the lines of limits in Barthe Buckhannon and Tygarts Valley rivers, the Fairmont bour county. and Beverly turnpike road, and the county lines of Taylor, Harrison and Upshur counties, adjoining the said portion of Barbour county. 2. Any hog so found running at large may be regarded How hogs so and dealt with as an estray, according to the provisions of chapter sixty-one of the code of West Virginia. large may be dealt with. Terms of court in Harrison, Marion, Barbour, CHAPTER 211.-AN ACT fixing the terms of the courts of the Fourth Judicial Circuit. Passed March 1, 1871. Be it enacted by the Legislature of West Virginia : For the county of Harrison, on the fourth Tuesday in February and May and first Tuesday in October; for the county of Marion, on the third Tuesday in March and June, and first day of December; for the county of Barbour, on the second Tuesday in April, first day of August and fifteenth day of October; for the county of Randolph, on the fourth Tuesday in April, fifteenth day of August, and fifth day of November, instead of the times now prescribed by law. Consent of the United CHAPTER 212.-AN ACT granting the consent of the state for the United States to purchase lands for the erection of public buildings in the city of Charleston. Passed March 1, 1871. Be it enacted by the Legislature of West Virginia: 1. That the consent of the state of West Virginia is hereby this state for given to the purchase by the United States of one or more States to purpieces of land situated in the city of Charleston, not exchase certain ceeding one acre, on which to erect a building for the acreal estate in commodation of the custom house, postoffice, United States courts and internal revenue offices, and the said United States shall have, hold, use, occupy and own the said land tion of public or lands when purchased, and exercise jurisdiction and buildings, control over the land and every part thereof subject to the provisions hereafter mentioned. the city of Charleston, for the erec granted. Jurisdiction of the state to said real 2. The jurisdiction of the state of West Virginia in and over the said land or lands as named in the foregoing secestate ceded tion, when purchased by the United States, shall be and to the United the same is hereby ceded to the United States; provided, however, that the jurisdiction hereby ceded shall continue Proviso. no longer than the United States shall own the said land or lands. States. Condition on which said consent is granted and jurisdiction ceded. 3. The said consent is given and the said jurisdiction ceded upon the express condition that the state of West Virginia shall retain concurrent jurisdiction with the United States in and over the said land or lands so far as that all civil process in all cases, and such criminal or other process as may issue under the laws or authority of the state of West Virginia against any person or persons charged with crimes or misdemeanors committed within said state, may be executed therein in the same way and manner as if such consent had not been given or jurisdic tion ceded, except so far as such process may effect the real Exception. or personal property of the United States. vests. 4. The jurisdiction hereby ceded shall not vest until the When said United States shall have acquired the title to the said land jurisdiction or lands by purchase or grant, and so long as the land or lands shall remain the property of the United States. When acquired as aforesaid and no longer, the same shall be and continue exonerated from all taxes, assessments or Exemption other charges which may be levied or imposed under the authority of this state. from taxation. 5. It is further enacted that any malicious, willful, reck- Penalty and less or voluntary injury to or mutilation of the grounds, punishment for injury to building or appurtenances, the jurisdiction to which is any of said hereby ceded, shall subject the offender or offenders to a property of fine of not less than twenty dollars, to which may be added the United for an aggravated offense imprisonment not exceeding six months in the county jail or work house, to be prosecuted before any court of competent jurisdiction. CHAPTER 213.-AN ACT to protect persons who aided in the late war between the government of the United States and a part of the people thereof. Passed March 1, 1871. Be it enacted by the Legislature of West Virginia: States. late war not That no person who aided in the late war between the Persons engovernment of the United States and a part of the people gaged in the thereof, on either side, shall be civilly or criminally held to be disturbliable, found guilty, convicted, have his property taken, sold ed in person or damaged, imprisoned or hurt, because of any act done ac- or property. cording to the usage of civilized warfare, in the prosecu tion of said war by either of said belligerents, unless the Exception. constitution shall, or further than it shall, require such action, as to which no opinion is intended to be here indicated. CHAPTER 214.-AN ACT amending and re-enacting section one of chapter one hundred and nine of the acts of 1870. Passed March 1, 1871. Be it enacted by the Legislature of West Virginia: That section one of chapter one hundred and nine of the acts of 1870 be amended and re-enacted so as to read as follows: "1. Section twenty-six of chapter one hundred and six of the act entitled "An act establishing a code of Defendant, laws for this state," known as the "Code of West Virginia," is hereby amended and re-enacted so as to read as follows: "26. If a defendant against whom, on publication, a against whom judgment or decree has been, or shall hereafter, be renjudgment on publication, dered in an action or suit in which an attachment has may petition been or may be sued out and levied, as provided in this for re-hearing chapter, or his personal representative, shall return to or Re-hearing may be had on petition heretofore filed. Auditor to appear openly in this state, he may, within one year after a copy of such judgment or decree has been or shall be served upon him, at the instance of the plaintiff, or within five years from the date of such judgment or decree, if he be not so served, petition the circuit court of the county in which such judgment or decree was rendered, to have the action or suit, and proceedings therein re-heard. And if any such defendant, or his personal representative, has heretofore appeared, as aforesaid, and filed or tendered his petition for such re-hearing as aforesaid, in any such action or suit, within the time required by law, and such application or petition be pending and undetermined in the circuit court or supreme court of appeals of this state, at the time of the passage of this act, a re-hearing in such action or suit shall and may be had, as provided in section thirty of this chapter." CHAPTER 215.-AN ACT for the relief of E. C. Fox. Be it enacted by the Legislature of West Virginia: 1. The auditor is hereby authorized to issue his warrant draw his war- on the treasury for the sum of thirty-one dollars and eighty rant for $31, 80 in favor of cents in favor of E. C. Fox, for services rendered the state as provost marshal of the second brigade first division West Virginia militia, while in active service in the month of August, 1864. E. C. Fox. Power of attorney legalized. CHAPTER 216.-AN ACT to amend and re-enact chapter 95, of the acts of 1870. Passed March 1, 1871. Be it enacted by the Legislature of West Virginia : 1. That the act passed March 3, 1870, entitled, "An act to legalize a certain power of attorney and deed," be amended and re-enacted so as to read as follows: That a power of attorney from Lamar Moore to P. M. Adams, dated thirteenth of May, eighteen hundred and forty-one, and deed from said Moore to said Adams, dated the fourteenth day of December, eighteen hundred and forty-four, which was executed in the republic of Texas, |