Commissioners to ses. ers. for the same. At such time and place, the Justice shall appoint three disinterested freeholders as Commissioners, who after being sworn, shall view the premises, and report, view premi- writing the extent to which wood, stone, gravel or carth is proposed to be taken, the nature of the injury which may be done in cutting, quarrying, digging or carrying away the same, and what will be a just compensation therefor. The notice in writing, certificate of the Commissioners having Report of been sworn, and their report shall be forthwith returned to commission- the Clerk's office of the Circuit Court of Ohio county. If good cause be shown against the report, or if the Commissioners cannot agree, or fail to report within a reasonable time, the Justice may, as often as he deems proper, appoint other Commissioners who shall act and report in the manner before prescribed. If the report be confirmed by the Circuit Court of said county, then, upon payment to the person entitled, or into said Court, of the sum so ascertainSuperinten- ed, the Superintendent of said road may take and carry away the wood, stone, gravel or earth for which such compensation may have been allowed; and though the report may not be confirmed, yet, upon the payment into said court of the sum therein mentioned, the Superintendent of said road may proceed in like manner as if the report had been confirmed, and payment made of the same thereby asNew report. certained. Upon the coming in of a new report, after such payment into court, the court if it affirm the report, shall render judgment against said road for the amount ascertained in said report. From the time of any such judgment against the said road, its rights to cut, quarry, dig, take or carry away, shall be suspended until the said judgment shall be satisfied. And that the road aforesaid shall be four rods in width. dent of road; his duty. road. 2. And be it further enacted, that if any person shall Penalty for injuring purposely and maliciously deface or otherwise injure any works of the of the mile stones, parapet walls, culverts or bridges, or any masonry whatever, or any of the gates or toll houses of, or belonging to the said Cumberland road in this State, as the same is now constructed or may hereafter be constructed, every person so offending shall, upon conviction thereof in the Circuit Court of Ohio county, be fined in a sum Punishment not exceeding five hundred dollars, or imprisonment in the for injury to works of the jail of said county, not exceeding six months, or both, at the discretion of the said court. And if any person shall purposely direct or turn any stream, branch or run of water from its regular course toward or upon said Cumberland road, so as to impair, or in any way injure said roaid; and if any person shall purposely fill, choke, or otherwise obstruct any of the side drains, valleys, gutters or culverts of said road now made or hereafter to be made, or shall connect any private road or cartway with said Cumberland road, or if any surveyor of any county road shall con road Penalty for obstructing passage of road. nect the same with the said Cumberland road, without mak- ered. 3. And be it further enacted, that all fines, penalties, and alties and Fines, penforfeitures incurred under the provisions of this act may be forfeitures : recovered by presentment or indictment, in the Circuit how recovCourt of Ohio county, or by an action of debt, in the name of the Governor, for the use of said road fund, in the same court; or the said fines, penalties and forfeitures, where the same shall not exceed ten dollars, may be recovered in the name of the Superintendent of said road, by an action of debt, for the use aforesaid, before any Justice of said county. CHAPTER 28.-AN ACT to authorize the Trustees of the Passed February 10, 1871. Be it enacted by the Legislature of West Virginia : That the Trustees of the Bethel German Baptist Church, Authority to in Grant county, are hereby authorized to sell the real sell church estate belonging to the said church, and convey the same to the purchaser. CHAPTER 29.-AN ACT for the relief of E. P. Hodges. Be it enacted by the Legislature of West Virginia: That the Board of Supervisors of the county of Putnam is hereby authorized to ascertain what amount, if any, is property. Authority to due E. P. Hodges for services rendered as surveyor of roads to pay balance due E, in his road district, in Curry township, said county, for the P. Hodges. years eighteen hundred and sixty-five, eighteen hundred and sixty-six, eighteen hundred and sixty-seven, and eighteen hundred and sixty-eight, and to pay him out of the treasury of said Putnam county, any balance that may be found due him on account of his services as road surveyor aforesaid. found due to Davis Mynes CHAPTER 30.-AN ACT for the relief of Davis Mynes. Be it enacted by the Legislature of West Virginia : Authority to That the Board of Supervisors of the county of Putnam, pay money is hereby authorized to ascertain what amount, if any, is due Davis Mynes, for services rendered as surveyor of roads of District No. 1, Curry township, said county, for the year 1868, and to pay him out of the treasury of said Putnam county, any balance that may be found due him on account of his services as road surveyor aforesaid. Authority to church lot. CHAPTER 31.-AN ACT to provide for selling a part of Passed February 10, 1871. Be it enacted by the Legislature of West Virginia: The Board of Trustees of the Methodist Episcopal Church, sell part of a in West Liberty, Ohio county, West Virginia, are hereby authorized to sell a part of the lot on which the said church stands, viz: That part lying east of Sprigg's alley, in the north of said town, and convey the same to the purchaser. Authority to sell church property. CHAPTER 32.-AN ACT to authorize the Trustees of the United Brethren Church, in Doddridge county, to sell and convey the property of said Church. Passed February 10, 1871. Be it enacted by the Legislature of West Virginia: That the Trustees of the United Brethren Church, in Grant township in Doddridge county, are hereby authorized to sell and convey their church property, situated in said township, on the Sistersville and New Salem Turnpike Road. CHAPTER 33.-AN ACT to amend and re-enact Section 1, Passed February 10, 1871. Be it enacted by the Legislature of West Virginia: That Section 1 of Chapter 125 of the Code of West Virginia, be, and is hereby amended and re-enacted so as to read as follows: are held,and 1. In the Clerk's office of every Circuit Court rules shall When rules be held on the first Monday in every month, except when how long a term of the Circuit Court happens to commence on the continued. first Monday in a month, or either of the two following days, or on the preceding Tuesday, Wednesday, Thursday, Friday or Saturday, the rules which otherwise would have been held for the said month on the first Monday, shall be held on the last Monday in the next preceding month. The rules may continue three days; but when in any case such continuance would interfere with the term of the court for which the rules are held, they shall not continue in such case beyond the day preceding the commencement of the term of such court. 2. Section two of said Chapter one hundred and twenty- Section refive is hereby repealed. CHAPTER 34.-AN ACT to incorporate the town of Fair- Passed February 10, 1871. Be it enacted by the Legislature of West Virginia: pealed. 1. The corporate limits of the town of Fairview shall be Corporate as follows, to wit: Beginning at the southwest corner of the limits. Methodist Protestant Church grounds, thence so as to include said church grounds to the line of lands of Caleb Gritzinger, thence by the line of said Gritzinger's lands so as to include the same within these corporate limits; to the lot upon which is erected the dwelling house of Isaac Flowers so as to include said lot in these corporate limits; thence to the lands of Thomas Moore, and by his lines to the north line of John Mayhew's orchard, so as to include within said. corporate limits, the dwelling house and lands of the said Thomas Moore, thence along said north line of John Mayhew's orchard; thence by said Florence road and the line of lands of John H. Melvine and William Flanegin adjoining the same, so as to include both of said last named lands within said corporate limits to the lands of Jacob D. Frank; thence by the lines of the last named lands and the out lots of James Melvine adjoining the same, so as to include the two last named lands within said corporate limits, to the out lots of Alexander Morrow adjoining the last named lands, Municipal and by the line of the said Morrow's out lots, so as to include the same within the corporate limits; thence by a straight line to the northwest corner of John C. McCown's half acre lot adjoining his stable on the east; thence follow. ing the northern boundaries of said half acre lot and the outside boundaries of said McCown's orchard to the Wellsville road so as to include said McCown's residence, half acre lot and orchard within these corporate limits; thence by said Wellsville road to the place of beginning. 2. The municipal authorities of said town shall be a Mayauthorities. or, five Councilmen, a Sergeant, Recorder, Treasurer and a Superintendent of roads, streets and alleys, all of whom shall be elected annually by the citizens of said corporation, (who may be entitled under this act to vote) except the Treasurer and Recorder, who shall be appointed by the council from among their own number, and all of whom together shall constitute a common Council. Common council. Bonds of 3. The bond of the Sergeant and Treasurer shall each be Sergeant and in such penalty, not less than two hundred and fifty dollars, Treasurer. as the council may prescribe. Town incorporated. 4. The Mayor, Sergeant, Superintendent of roads, streets and alleys, and the Councilmen so soon as they have been elected and qualified as hereinafter provided, shall be a body politic by the name of "The Town of Fairview," and shall have perpetual succession, and a common seal, and Corporate by that name may sue and be sued, plead and be impleaded; may purchase and hold real estate and other property necessary to enable them the better to discharge their duties and needful for the good order, government and welfare of said corporation. powers. Corporate powers to be exercised by council. Terms of office. Qualification for office. First election. 5. All corporate powers of the said town shall be exercised by the said council, or under their authority, except when otherwise provided. 6. The term of office shall be (except when to fill vacancies) for one year, and until their successors have been elected and qualified as hereinafter provided. 7. All the officers of the said corporation must be voters therein, and entitled to vote for members of its common council. 8. The first election under this act shall be held on the first Monday in May, eighteen hundred and seventy-one, at the office of the Clerk of the Circuit Court of Hancock county, in the town of Fairview, under the supervision of a Justice and Inspector of elections of Poe Township; and annually thereafter there shall be an election in each year |