When he 2. Said Dana L. Hubbard shall be allowed to qualify may qualify and give bond as such clerk at any time before the 15th day of June, 1871. Corporate limits. Clerk, Treas urer, Sergeant and CHAPTER 45.-AN ACT to amend the Charter of the Town of Grafton, in Taylor County. Passed February 15, 1871. Be it enacted by the Legislature of West Virginia: The first, fifth, sixth, eleventh, eighteenth and nineteenth sections of an act entitled "An Act amending the charter of the town of Grafton," passed by the Legislature of West Virginia, February 28th, 1866, are hereby amended and re-enacted so as to read as follows: "1. The corporate limits and boundaries of the town of Grafton shall be as follows: Beginning on the north bank of the Valley River, opposite the mouth of Bartley Creek and running with the lines of Grafton township to a large spring on the Northwestern turnpike; thence east with the meanders of said turnpike, to the eastern corner of said township, near the dwelling of John W. Blue; thence south with said township line to the Valley River; thence with said river to the beginning." "5. There shall be a town Clerk, Sergeant, Treasurer and Assessor appointed by the council, to continue in office at its pleasure and to perform the duties respectively as how appoin- hereinafter prescribed, or as may be required by the coun cil." Assessor, ted. Their duties may be dis "6. The duties of the office of Clerk, Treasurer and charged by Assessor may be discharged by the same person." one person. Oaths of office. Powers of "11. Every person elected or appointed to an office in said town, shall, within ten days after his election or appointment, and before he shall enter upon the duties of his office, take and subscribe the oath of office prescribed for township officers, which may be done before any person authorized to administer oaths, or before the mayor of said town, which oath, with the certificate of the person administering the same, shall be filed with the clerk of said town.' 18. To carry into effect these enumerated powers and all others conferred upon said town or its council, by this or any other Act of the Legislature of this State; the council shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations not contrary to the Constitution and laws of this State; and to prescribe, impose and enact reasonable rines, penalties and imprisonments in the county jail or place of imprisonment in said town, for a term not exceeding thirty days for the a: e the to qui violation thereof; such fine, penalty and imprisonment shall be recovered and enforced under the judgment of the mayor of said town, or the person lawfully exercising his functions." neteent "19. The council shall cause to be annually made up Annual levy and entered upon its journal, an accurate estimate of all sums, which are or may lawfully become chargeable on said town, and which ought to be paid within one year; and it shall order a levy of so much as may, in its opinion, be necessary to pay the same. The levy so ordered shall be upon chart all dogs in the said town, and upon all real and personal estate therein subject to State and county taxes: Provided, that the taxes so levied upon property shall not exceed one dollar on every one hundred dollars of the value thereof, tod and one dollar on each male person over twenty-one years th bar of age, not exempt from taxation on account of bodily inCree firmity." ith t The aforesaid Act is hereby further amended by adding of sat the end thereof the following: South council. "29. If the owner or occupant of any side-walk, foot-way Powers of or gutter in said town, or of the real property next adjacent thereto shall fail or refuse to pave or keep the same clean, in the manner or within the time required by the council, it shall be the duty of council to cause the same to be done at the expense of the town, and to assess the amount of such expense upon such owner or occupant; and the same may be collected by the sergeant in the same manner herein provided for the collection of town taxes. "30. It shall be lawful for the council to borrow money Powers of in the name and for the use of said town, and to convey, council. pledge, or mortgage the public property or revenues of said town for the redemption of such loans, and for the payment of the interest thereon: Provided, that no greater rate of interest than ten per cent. per annum shall be paid on any loan.' duties and powers. "31. It shall be the duty of the Assessor to make an Assessor; his assessment of the property within said town subject to taxation, substantially in the manner and form which assessments are made by the assessor of the county, and to return the same to the council on or before the first day of June in each year, and for this purpose he shall have all the powers conferred by law on county assessors. He shall list the number of dogs in said town and the names of the persons owning the same, which list shall be returned to the council. The officers of the corporation shall each re- Compensaceive a compensation for his services, to be fixed by the tion of off cers. Condemna estate.. council, which shall not be increased or diminished during the term for which he was elected or appointed." "32.' The condemnation of real estate for roads, streets, tion of real alleys, drains and gutters or other purposes in said town shall be as prescribed in Chapter 42, of the Code of West Virginia, and shall be at the expense of the town, except when such condemnation is for the use of one or more indiduals, in which case it shall be at his or their expense.' $100 appropriated. Preamble. CHAPTER 46.-AN ACT for the relief of Goodwin Lykins. Be it enacted by the Legislature of West Virginia: 1. The sum of one hundred dollars is hereby appropriated out of any monies in the treasury, not otherwise appro-. priated, for the payment, in full, of Goodwin Lykins, for his services as Commissioner of the Revenue for the second district of Wayne county, for the year 1861. 2. The Auditor is hereby directed to draw his warrant on the Treasurer for the amount hereby appropriated, or so much thereof as he may find due and unpaid. CHAPTER 47.-AN ACT requiring the Assessor of the city District, in the county of Ohio, to make a copy of the militia roll of Ohio county, for the year 1870. Passed February 16, 1871. WHEREAS, Jacob M. Bickel, Assessor for the city district, and Joseph W. Morgan, Assessor for the county district, in Ohio county, have completed its militia lists for said county, for the year eighteen hundred and seventy, as prescribed by Section five, of Chapter nineteen, of the Code of West Wirginia; And whereas, the said lists, after having been sent to the Adjutant General of the State, were destroyed by fire before being delivered to said office; And whereas, it is important that complete rolls should be on file in the office of the Adjutant General; therefore, Be it enacted by the Legislature of West Virginia: Authority 1. That Jacob M. Bickel, Assessor for the city district, in for Jacob M. the county of Ohio, be empowered, and he is hereby remake a new quired, to make a new militia roll for the year eighteen militia roll. hundred and seventy, from the copies now on file in Bickel to the recorder's office of both assessment districts in said Ohio county, and to transmit the same to the Adjutant General on or before the fourth day of March, eighteen hundred and seventy-one. during Stree F except ore I ense General to 2. That upon the receipt of said militia rolls by the Ad- Adjutant jutant General, he shall issue his requisition for the pay-issue his rement of the amount due by law for making and transmit- quisition to ting said copies; and also for the payment of the amount pay for same due for making the copies so destroyed. CHAPTER 48.-AN ACT to give the Corporation of Charles- Passed February 16, 1871. Be it enacted by the Legislature of West Virginia: control com mon schools. 1. The common council of the city of Charleston shall Council to have entire jurisdiction and control over the common schools included within the corporate limits of said city; and for that purpose the territory embraced within the corporate limits aforesaid, is hereby erected into an independent school district. 2. The Board of Education of Charleston township is Transfer of hereby authorized and required to turn over to the Treas- money and urer of the city of Charleston, without delay, all monies and property. property belonging or in anywise appertaining to the common schools embraced within the territorial limits of said city. for schools. 3. The Common Council shall make such rules for the Council to government of the schools under their jurisdiction as they make rules may deem expedient and necessary, for the advancement of the pupils attending the same. Powers of 4. The Common Council shall have power, whenever, in their opinion, they deem it necessary, to purchase and hold council in lands on which to build school houses, and to apply to the regard to courts for a writ in the nature of a writ of ad quod damnum said schools to have such lands as they may need for the purpose aforesaid condemned, and to employ and regulate the salaries of teachers in the schools under their jurisdiction, and to lay a sufficient levy upon the taxable property and persons of their city to continue the common schools at least four months in the year, and shall observe and enforce the general school law of the State in the common schools under their control. perty trans School pro 5. The school houses, and lots on which to build school houses, now held by the Board of Education of Charleston ferred to the township, included within the territorial limits of the city municipal of Charleston, are hereby transferred to the municipal authorities of said city. authorities. 6. The Board of Education of Charleston township shall Jurisdiction have no jurisdiction or control over the schools of said city. forbidden. Division line CHAPTER 49.-AN ACT to alter the division line between the counties of Harrison and Barbour. Passed February 16, 1871. Be it enacted by the Legislature of West Virginia: 1. The division line between the counties of Harrison and Barbour, is hereby altered and established so as to run as follows: Beginning at a point on the top of a ridge, on the line between said Harrison and Barbour counties, and on the land of A. W. Martin; thence along the top of said ridge, following the meanders thereof, in a southeast course to a point where the lines between said Harrison and Barbour and Upshur counties intersect. Surveyors of 2. The Surveyors of Harrison and Barbour counties shall Harrison run and make the line herein described, and make three and Barbour fair plats thereof, which shall be disposed of as follows: counties; their duties. one copy shall be delivered to the Recorder of Harrison county, one to the Recorder of the county of Barbour, and one to the Secretary of State, to be by them safely preserved and kept in their said offices. Their accounts; how audited. Who are liable to serve as jurors. Lists to be 3. The accounts of said surveyors, incurred in the discharge of the duties imposed upon them by this act, shall be audited by the Board of Supervisors of Harrison county, and paid out of the treasury thereof. CHAPTER 50.-AN ACT to amend Chapter one hundred and sixteen of the Code of West Virginia, in relation to Juries. Passed February 16. 1871. Be it enacted by the Legislature of West Virginia: Section one of chapter one hundred and sixteen of the Code of West Virginia is hereby amended and re-enacted so as to read as follows: "1. All white male persons who are twenty-one years of age, and not over sixty years of age, who are of sound mind and not paupers, and have not been convicted of treason, felony, petit larceny, perjury or bribery, and who have resided in the State for one year, and in the county for thirty days, shall be liable to serve as jurors, except as hereinafter provided.” Section three of said chapter one hundred and sixteen is hereby amended by adding at the end thereof the following: "3. Such list for the residue of the year one thousand prepared by eight hundred and seventy-one, shall be prepared by the Board of Su- Board of Supervisors of each county at their stated meetpervisors. ing in the month of May next.' |