74 Division line of Raleigh and Wyoming counties. [CH. 56. clusive of ditches, and be of a grade no where exceeding five degrees; and that the same tolls be charged as now allowed by law upon other roads chartered by the Legislature. CHAPTER 56.-AN ACT to alter part of the division line between the counties of Raleigh and Wyoming. Passed February 16, 1871. Be it enacted by the Legislature of West Virginia: Division line 1. The division line between the counties of Raleigh and Wyoming, is hereby altered so as to include the lands of William A. Fink, in the county of Raleigh. saidcounties; Surveyors of 2. The county surveyor of Raleigh, and the county surtheir duties. veyor of Wyoming shall run and make the new line above described, and make three fair plats thereof, which they shall certify and forward, one each to the recorders of the county of Raleigh and the county of Wyoming, and one to the Secretary of State, who shall file and carefully preserve the same in their respective offices. Expenses; 3. The accounts of the said surveyors' fees and expenses how audited under the provisions of this act, shall be audited by the Board of Supervisors of Raleigh county, and paid out of the Treasury of said county. and paid. CHARTER 57.-AN ACT allowing further time for the Potomac and Piedmont Coal and Railroad Company to organize under its Charter. Passed February 16, 1871. Be it enacted by the Legislature of West Virginia : That the Potomac and Piedmont Coal and Railroad Company incorporated by an Act passed February 26, 1866, entitled "An Act to incorporate the Potomac and PiedCompany al- mont Coal and Railroad Company," may be organized unther time to der the provisions of the said act at any time within three organize. years from and after the passage of this act and when so organized shall have all the rights, powers and privileges, and be subject to all the liabilities provided for in said act. lowed fur CHAPTER 58.-AN ACT allowing further time for the North Branch Lumber and Boom. Company to organize under its charter. Passed February 16, 1871. Be it enacted by the Legislature of West Virginia : That the North Branch Lumber and Boom Company incorporated by an act passed February 12th, 1867, entitled CH. 59.] Acts-Piny River Turnpike Company. lowed fur 75 "An Act to incorporate the North Branch Lumber and Company al- CHAPTER 59.-AN ACT to amend and re-enact Section 7 Passed February 16, 1871. Be it enacted by the Legislature of West Virginia : That section seven of chapter eighty-seven of the acts of the Legislature of eighteen hundred and seventy, be and is hereby amended and re-enacted so as to read as follows: "7. This act shall take effect from and after its passage Act shall apand shall apply to Grant county also, and the commission-ply to Grant ers to be appointed by the Board of Supervisors of Grant county, shall be freeholders of Milroy Township in said county." county. CHAPTER 60.-AN ACT to incorporate the Piney River Turnpike Company, Passed February 16, 1871. Be it enacted by the Legislature of West Virginia : 1. That for the purpose of constructing a turnpike road Subscription upon the shortest and most eligible route from the town of books. Beckley, Raleigh Court House, West Virginia, to the Chesapeake and Ohio Railroad, it shall be lawful to open books for receiving subscriptions for a sum not less than two Capital stock shares of twenty-five dollars each, for which purpose books shares. of Wm. McCreery, Sr., A. Beckley, Sr., Edwin Prince, Corporators. at such times and places as they may deem advisable. 2. When one half of the aforesaid amount shall have Incorporabeen subscribed, the subscribers, their executors, adminis- tion. trators and assigns shall be, and they are hereby incorporated into a company by the name and style of the "Piney River Turnpike Company," subject to the provisions of any general act of regulations for the incorporation of turnpike companies; provided that the said road shall be cleared Width and thirty feet, and improved sixteen feet wide exclusive of grade of road 自豪 Town incorporated. Corporate powers. Corporate limits. Annual election. CHAPTER 61.-AN ACT to incorporate the Town of Oceana, in the County of Wyoming. Passed February 16, 1871. Be it enacted by the Legislature of West Virginia: 1. That the inhabitants residing within the boundaries hereinafter described, shall be and are hereby created a body politic and corporate by the name of "The town of Oceana," who shall have power to sue and be sued, contract and be contracted with by their said corporate name. 2. The boundaries and corporate limits of the town of Oceana, in Oceana township, Wyoming county, shall be as follows: Commencing at a Birch tree near the ford of Guyandotte river, below town, crossing to William Henderson's mill; thence south about one hundred yards to a small Locust tree near the Carper house on said Henderson's lands; thence to a Beech tree near said Henderson's spring; thence a straight line to the river opposite the old Baptist church, crossing the river and running thence so as to inelude said church and lot; thence in a northwesterly direction to a green Poplar tree standing in Perry L. Cook's field; thence west to a green Chesnut tree standing on the bank of the Dry Branch; thence in a straight course to a large Poplar tree in the mouth of a hollow back of said town; thence running with the line of the back lots to the turnpike road, then running with the road to the place of beginning. 3. The inhabitants of said town who are entitled to vote for State and county officers, shall meet on the first Monday in April, 1871, and on the same day of each succeedMunicipal ing year, elect a Mayor, Recorder and three Trustees, who authorities. shall hold their respective offices for the term of one year, and until their successors are elected and qualified; and all such elections shall be governed in all respects by the laws in force for the time being to regulate the election of county and township officers. Term of office. Common council. Powers of council. Powers of council. 4. The Mayor, Recorder and Trustees shall constitute the town council, and shall have power to pass all such bylaws and ordinances as may be necessary for the health, comfort, cleanliness and good order of said town and inhabitants thereof; to open streets, alleys and public highways; to grade, pave and ornament the streets; to prohibit all places of public resort and such other establishments as may render the said town unwholesome or unpleasant as a place of residence. 5. The said council shall have power to levy and collect taxes upon the real and personal property of the inhabitants of said corporation upon the tax lists made by the proper officers for taxation for State and county purposes, 6. Said council shall have power to appoint such officers Powers of 7. The Mayor of said town shall have all the power and Mayor; his jurisdiction of a justice within the corporate limits, and powers and liabilities. shall be governed by the laws that may for the time being be in force, regulating and defining the powers and duties of justices. 8. The Recorder shall keep a record of the proceedings Recorder. of the council; shall record all by-laws and ordinances of said corporation and preserve the same, and at the expiration of his term of office shall deliver the same to his suc cessor. CHAPTER 62.AN ACT to amend and re-enact the Charter Be it enacted by the Legislature of West Virginia : That the charter of the city of Charleston, be, and the same is hereby amended and re-enacted so as to read as follows: 1. The corporate limits of the city of Charleston shall be Corporate as follows, to-wit: Beginning at the Kanawha River at low limits. water mark on the line dividing the estate of Bradford Noyes, deceased, from the lands next above the same, and running thence with said dividing line to the foot of the hill; thence a direct continuation of the said line to the Coal Branch; thence down said Coal Branch with its meanders to Elk River; thence down Elk River at low water mark to its mouth; and thence up the Kanawha River, with its meanders, at low water mark, to the place of beginning. 2. The municipal authorities of said city shall be a May- Municipal or, Recorder and six councilmen, who, together, shall be at common council. authorities. 3. The Mayor, Recorder and councilmen, so soon as they Town incorhave been elected and qualified as hereinafter provided, porated.. Corporate powers. powers to be shall be a body politic, by the name of "The City of Charleston," and shall have perpetual succession and a common seal, and by that name may sue and be sued, implead and be impleaded; and 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 the said corporation. Corporate 4. All the corporate powers of the said city shall be exexercised by ercised by the said council or under their authority, excouncil. cept when otherwise provided, but the Recorder shall have Recorder not no vote at any meeting of the said council, except in the to vote. absence of the Mayor. Municipal officers. Mayor and recorder; 5. There shall be a Sergeant, Treasurer, Assessor and an Overseer of the Poor. 6. The Mayor, and Recorder shall be elected by the citi how elected. zens of said corporation, who may be entitled under this act to vote, but these officers shall not reside in the same Councilmen; ward during their term of office. Two councilmen shall be how elected. elected by the qualified voters of each ward. Terms of office. Qualifica tions for of fice. Wards. 7. Their term of office shall be (except when to fill vacancies) for one year, and until their successors shall have been elected and qualified as hereinafter provided. 8. The Mayor, Recorder and Councilmen must be freeholders in said corporation, and entitled to vote for members of its common council. 9. The said city shall consist of three wards as at present located and bounded, under an ordinance of the council of Charleston; but the said council may hereafter increase the number of wards, or alter and change the names, loAnnnal elec- cation and boundaries thereof. Elections under this act tion. shall be held on the second Monday in March, in each year Places of vo- as follows, to-wit: In the first ward at the Court House of ting. Kanawha county; In the second ward, at Greenbury Slack's office, and in the third ward, at Mercer Academy, and at such other places as the council may from time to time Inspectors of prescribe by ordinance. The said elections to be under the supervision of three inspectors at each election precinct in said city, who are to be annually selected and appointed by the council of said city, and who shall be governed by such rules and regulations as the council may prescribe. Certificates The officers conducting the elections shall grant a certificate to the persons receiving the highest number of votes cast at such election, (except in the case of Mayor, Recorder, Sergeant, Treasurer, Assessor and Overseer of the Poor,) which certificate shall be recorded in the journal kept by the council. olection. of election. |