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Jos. Shields, P. H. Galligher, J. W. Cracraft, George

Pfeiffer and Tom. E. Rogers, or any five of them, to open Subscription books at Charleston, and at such other places in the county books.

of Kanawha as they may think proper, for receiving subscriptions to an amount not less than fifteen thousand dol- Capital lars, nor more than one hundred thousand dollars, in shares stock. of one hundred dollars each, for the purpose of erecting a bridge across the Elk River, at or near its mouth, at the town of Charleston, in the county of Kanawha.



2. The commissioners aforesaid, or such of them as may Notice of act, shall give reasonable notice, by publication in some opening newspaper printed in the county of Kanawha, of the time. and place of opening said books of subscription; and whenever one hundred and fifty shares of said stock shall be subscribed, any five of said commissioners shall call a general meeting of the subscribers, at such time and place, and up- General on such notice as they may deem advisable. To constittue meeting of subscribers. such meeting, or any general or special meeting thereafter, the presence of stockholders entitled to a majority of all the Quorum. votes shall be necessary, either in person or by proxy. Any meeting of the stockholders may be adjourned from day to day or from time to time, until such majority of votes shall be present.

3. From and after the first general meeting aforesaid, the Incorporasubscribers to said stock shall be and are hereby incorpor- tion. ated into a company by the name and style of "The Keystone Bridge Company," and by that name shall have per- Powers of petual succession and a common seal, may sue and be sued, corporation. plead and be impleaded, and may make and establish such by-laws, rules and regulations for the government of said company, and the management and conduct of its business, not contrary to the laws of this State or of the United States, as they may deem proper; and may alter, change and abolish the same from time to time.



4. The stockholders, at their first general meeting, and at their stated general meetings thereafter, to be held in each year at such times as the by-laws may prescribe, shall elect nine directors of said company, being stockholders, who shall remain in office one year from the time of their Their term election, and until their successors are appointed. As of office. soon as may be after their election, the board of directors shall choose one of their own body president of said company, who shall act as such for the term of one year, and until his successor is appointed. During the absence of the president the board may appoint a president pro tempore, who, for the time, shall discharge the duties of the president. A majority of the board of directors shall constitute Quorum of a quorum for the transaction of business.


Construction of bridge.

Payment of subscriptions.

Sale of stock in default.

Stock to be personal es


Ground for abutments of bridge.

5. The president and directors shall have power to construct said bridge for and on behalf of the company, by purchasing the materials therefor, and hiring the workmen and laborers to construct and erect the same, or may contract on behalf of said company with contractors for the construction of the same, and to transact all the business of the company, and appoint agents thereof, under such rules and regulations as the by-laws may establish. They may require payment of the stock subscribed in such proportion and instalments, at such times and upon such notice as they may deem reasonable; and if any stockholder shall refuse to pay the requisition so made, they may sell at public auction the share or shares on which default of payment is made, after one month's notice of the time and place of such sale, published in some newspaper printed in Kanawha county, if any such there be at the time, and if not, then by advertisement to be posted on the door of the Court House of Kanawha county, for a like period, and transfer such share or shares to the purchaser; and any balance due on such share or shares, which may not have been satisfied by said sale, may be recovered from the delinquent stockholder, by motion, on ten days notice, in the circuit court of any county having jurisdiction.

6. The stock of said company shall be deemed personal estate, and shall pass as such to the proper representatives of said stockholders, and may be transferred, and certificates thereof issued in such manner and form as the directors shall from time to time provide and direct.

7. The said company shall have power to acquire and hold such ground, not exceeding one acre, on each side of Elk river, as may be necessary for the abuttments of said bridge, toll-houses and other necessary purposes; and if the company shall not be able to agree with the owner or owners of such land for the acquisition thereof, they may Condemna- proceed in the manner now provided in chapter forty-two tion of lands. of the Code of West Virginia, to acquire such land; and upon the payment of the damages, if any, ascertained and found by the commissioners provided for in said Chapter fortytwo, by said company to the owner or owners of said land, or into court, when so required, the said company shall stand seized in fee simple of the ground so condemned.

Rates of toll.

8. The said company, so soon as the said bridge shall be completed and fit for use, shall be authorized to demand and receive thereat a rate of tolls not exceeding the following, to-wit: For every man on foot, two cents; for every nan on horseback, five cents; for loose or led horses, five cents each; for every wagon drawn by two horses, fifteen cents; for every additional horse attached thereto, five cents; for every ox-cart or wagon drawn by two oxen, ten

cents; for every additional one attached thereto, five cents; for every dray and horse, ten cents; for every carriage on springs drawn by two horses, fifteen cents; for every spring carriage drawn by one horse, ten cents; for every score of cattle, twenty cents; for every score of hogs or sheep, ten cents. If the collector of tolls at said bridge shall demand Penalty for and receive for the use thereof, from any person greater demanding toll than aforesaid, the said company shall for every such excessive offense forfeit and pay to the party aggrieved the toll so demanded and five dollars, to be recovered, with costs, before any justice of the peace of the township in which such offense was committed.


within four

9. If the said company shall not complete the said bridge Bridge to be ready for the use of the public within four years from the completed passage of this Act, then all the privileges, rights and pow- years. ers hereby granted shall cease and determine. And if, after said bridge shall have been completed, the said company shall fail to keep the same in proper repair for safe passage and use, they shall forfeit and pay the sum of ten dollars for every twenty-four hours the same Penalty for shall remain out of repair, for the use of the school failure to keep bridge fund of this State, and shall, moreover, be liable to any in repair. party aggrieved or injured thereby, for the amount of actual damages, he, she, or they may sustain by reason there- If failure for: Provided, that such failure to keep the same in repair company's shall be occasioned by a want of due diligence on the part want of diliof said company or their agents to repair said bridge. gence.

caused by

10. All troops in the service of this State or of the United Government States, and all expresses sent from either government, shall privileges. be permitted to pass said bridge free of toll.

11. The Legislature reserves the right to alter or amend Act may be this Act at any time, in such manner, however, that no in- amended. justice may be done to the corporation or their creditors.

CHAPTER 40.-AN ACT to incorporate the town of Glenville, in the county of Gilmer.

Passed February 13, 1871.

Be it enacted by the Legislature of West Virginia:

1. That the town of Glenville in the county of Gilmer, Corporate as the same has heretofore been laid off into lots, streets limits. and alleys embraced in the following boundary, to-wit: Commencing on the bank of the Little Kanawha river immediately above the mouth of Sycamore run; thence with the road up said Sycamore run to the division line of lands owned by Harrison Cain and Milton Norris; thence with Norris' line to Thomas H. Brannon's line; and thence with his line to the road, to line of lands owned by Robert

Linn's heirs; thence with said line to their upper corner at the forks of the road; thence southward to the Little Kanawha river; and thence down the same with the meanders thereof to the place of beginning, shall be, and the same is hereby made a Town corporate, and body politic, by the name of the "Town of Glenville," and as such shall have perpetual succession and a common seal, plead and be impleaded, and purchase, lease and hold real and personal property, necessary to the purposes of said corporation.

Municipal 2. The municipal authorities of said town shall consist of authorities. a Mayor, Recorder, and five Councilmen, who together shall form a common council.

Powers of council.

Officers to be appointed.


3. All corporate powers of the said town shall be exercised by the said council, or under their authority, except where otherwise provided.

4. There shall be a town Sergeant, a Treasurer and Assessor appointed by the council, to continue in office at its pleasure, and perform the duties respectively as hereinafter provided, or may be required by the council.

5. The duties of the office of Recorder, Treasurer, and Treasurer & Assosso ma

der this act, and (except when elected to fill vacancies) for the term of one year, and until their successors shall have Qualification been elected and qualified, and shall be residents of said town and entitled to vote for members of its common council.

for office.

First election.

Certificates of election.

Annual elections.

7. The first election held under this act shall be held on the first Saturday in April, 1870, at the Court House in said town, under the supervision of the present election officers of the township of Glenville. The persons conducting the first election shall grant certificates to the persons elected, which shall be entered upon the records, with the ordinances of said council, and their terms of office shall commence so soon thereafter as a quorum may be qualified, who shall remain in office until the 31st day of December, 1870, and thereafter until their successors are elected and qualified to act. And on the first Saturday in November, 1870, and annually thereafter, there shall be an election held on the same day in each and every year, at such place and under such supervision, rules and regulations as the council in said town may prescribe, whose term of office shall commence on the first day of January next after their election.

8. All persons residents in said town for six months prior Who may to said election, and entitled to vote for county and town- vote. ship officers shall be entitled to vote for Mayor, Recorder, and Councilmen.

duties and


9. The Assessor of said town shall annually, at least ten Assessor; his days before any election make out a list, in alphabetical order, of the qualified voters of said town under this act, and shall deliver the same to the inspectors, or proper officers of the election, before sunrise on the day of the next succeeding, or any special election; and shall be liable to all the fines, penalties and forfeitures, for placing the name of any person on said list who is not a qualified voter, or for failing or refusing to place the name of any person thereon who is a qualified voter under this act, that township Registrars are liable to, which shall be enforced and recovered before the same tribunals wherein the same are imposed enforced and recovered against township Registrars.

10. When a vacancy shall occur from any cause in the Vacancies; office of Mayor, Recorder, or in the Council, the vacancy how filled. shall be filled by appointment by the council.

11. At all elections the vote shall be by ballot, and when Vote by 4 or more persons for the same office at any election shall ballot.' receive an equal number of votes, the person or persons so Tie votes: conducting such an election shall decide which of said per- how decided. sms sh..'l be returned elected. And all contested elections shall be heard and determined by the council for the time being.

Contested elections.

12. The Mayor, Recorder, Councilmen, Sergeant, Treas- Oaths of urer and Assessor shall each, before entering upon the du- office. ties of his office, and within ten days after being furnished with a certificate of his election, take the several oaths prescribed for county and township officers. The Recorder Before shall take such oath or affirmation before a justice or other whom taken. officer authorized to administer oaths, and thereupon he

shall administer the oaths aforesaid to the other officers and

councilmen. Certificates of said oaths or affirmations shall Certificates be filed with the Recorder, and the act of their adminis- of oaths. tration be entered on the journal of the proceedings of the council.

13. If any one elected Mayor, Recorder or Councilmen Failure to shall have not been eligible, or shall fail or refuse to take qualify. the oath or affirmation required under this Act, within the ten days aforesaid, such office shall be declared vacant, and the vacancy filled as hereinbefore provided; but in all cases from among the citizens of the town eligible to such office or position under this Act.

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