Mills, Harrison county, West Virginia, by the way of Sar-
dis, to the Northwestern turnpike at, or near, Wilsonburg,

it shall be lawful to open books for receiving subscriptions
Subscription
books. for a sum not exceeding ten thousand dollars, in shares of

twenty-five dollars each, for which purpose books of sub-
scription 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, ad-
ministrators and assigns, shall be, and they are hereby in-
corporated into a company by the name and style of the

Brown's Mills and Wilsonburg Turnpike Company,” subIncorporation

ject to the provisions of general laws, regulating the incor

poration of turnpike companies; provided that said road Width and

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."

for list:

acts

When act take effect.

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 :

That section eight of chapter thirty-one of the code be,
and is hereby amended and re-enacted so as to read as fol-
lows:

Sale of real “8. The sale shall be of such tract of land; or town lot, estate suffi

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 certain taxes.

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 sale for county and township of such sales for county and township taxes shall be paid taxes, how

into the county treasury, and credited to the county and disposed of.

to the township to which they properly belong."

CHAPTER 207.-AN ACT requiring the board of education

in Triadelphia township, Ohio county, to employ a Ger-
man teacher,

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

That the board of education of the township of Triadel-
phia, in the county of Ohio, be required to have the Ger-

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 educa

tion 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 :

The board of education of Parkersburg township, Wood county, are authorized to allow their secretary a compen-Authority to sation not exceeding one hundred dollars per annum. tary.

pay a secro

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:

So much of Long Drain Fork of Fish Creek, in Wetzel county, as lies between the mouth thereof and Eamshier's Fork of Fish mill, is hereby declared a public high way.

Creek declared a public highway.

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:

1. That it shall be unlawful for the owner of hogs 'tó Hogg 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 within certain

limits the 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 large may be

at chapter sixty-one of the code of West Virginia.

(1 2

260

Courts Public Buildings.

(CH. 211.

Terms of court in

Harrison,

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:

That the courts of the fourth judicial circuit be hereafter
held as follows:

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.

be a othe

Marion,
Barbour,
Randolph.

the United

a

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:
Consent of 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 pur- pieces of land situated in the city of Charleston, not ex-
chase cartain ceeding one acre, on which to erect a building for the ac-
real estate in commodation of the custom house, postoffice, United States
the city of
Charleston,

courts and internal revenue offices, and the said United for the erec- 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 granted.

provisions hereafter mentioned. Jurisdiction of 2. The jurisdiction of the state of West Virginia in and the state to

over the said land or lands as named in the foregoing secsaid real estate ceded tion, when purchased by the United States, shall be and to the United the same is hereby ceded to the United States; provided, States,

however, that the jurisdiction hereby ceded shall continue Proviso. no longer than the United States shall own the said land

or lands.

consentis

3. The said consent is given and the said jurisdiction Condition on which said ceded upon the express condition that the state of West

Virginia shall retain concurrent jurisdiction with the granted and United States in and over the said sand or lands so far as jurisdiction

that all civil process in all cases, and such criminal or other ceded.

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

Vests.

manner as if such consent had not been given or jurisdiction ceded, except so far as such process may effect the real Exception. or personal property of the United States.

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

from taxation. other charges which may be levied or imposed under the authority of this state.

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.

States.

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:

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 late war not liable, 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 prosecution 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 indi.cated.

to be disturb

CHAPTER 214.-AN ACT amending and re-enacting sec

tion 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

laws for this state," known as the "Code of West Vir-
ginia,” is hereby amended and re-enacted so as to read as

follows:
Defendant, “26. If a defendant against whom, on publication, a
against whom judgment or decree has been, or shall hereafter, be ren-
judgment 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

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 ten-

dered his petition for such re-hearing as aforesaid, in any
Re-hearing
may be had such action or suit, within the time required by law, and
on petition such application or petition be pending and undetermined
heretofore

in the circuit court or supreme court of appeals of this filed.

statė, at the time of the passage of this act, a re-hearing
in such action of 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.

Passed March 1, 1871.
Be it enacted by the Legislature of West Virginia:
Auditor to 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
E. C. Fox. as provost marshal of the second brigade first division

West Virginia militia, while in active service in the month
of August, 1864.

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 amend-
ed 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,

Power of attorney legalized.