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CHAPTER LXVI.

An Act to incorporate the town of Beckley, in

the county of Raleigh.

Passed Feb. 20, 1872.

Town incorporated.

Be it enacted by the Legislature of West Virginia :

1. That the place known as “Beckley” in the county of Raleigh, be and the same is hereby made a town corporate and a body politic by the name of “The town of Beckley," and shall in all respects be subject to the provisions of chapter forty-seven of the code, entitled “of townships and villages."

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Corporatc limits 2. The corporate limits of said town shall be as follows:

Beginning at a white oak stump, corner of E. Prince's sur-
vey of one hundred and twenty-nine and a half acres, and
with his line north twenty-four degrees, west eighty poles to
Manser's northeast corner, with his line north sixty-six
degrees, west twenty-nine poles to his northwest corner,
thence with E. Prince's one hundred and twenty-nine and
a half acre survey north eighty-seven degrees, west
twenty poles to a point on the turnpike opposite a chestnut
tree, beginning corner of the town plat for E. Prince's five
acre home lot, and with his line south eighty-eight east,
thirty-seven and a half poles to a dead chestnut tree, the
said E. Prince's corner, and with his line south twenty-
four degrees, east twelve poles to George H. Prince's cor-
ner of two and a half acres, corner on a fallen white oak
tree, and with the same, south sixty-six degrees, west
twenty-eight poles to the beginning corner, a dog-wood
tree, on John B. Beckley's line on brickyard road, then
crossing the road with the same course of Joseph Hanna's
line twenty-five poles to his corner, a stake, and with his
line south two degrees and seventy-five poles to the Logan
turnpike, and with the same south about fifty-seven de-
grees, west to corner of Judge Gillaspie's home inclosure,
and with said inclosure around to big branch and to Beck-
ley's corner, and thence with William Prince's line, form-
erly Haymaker's line, north sixty-six east, one hundred and
fifty-five poles to the beginning.

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CHAPTER LXVII.
Elit An Act to authorize the city of Wheeling to

subscribe to the capital stock of the Wheeling

and Tuscarawas Valley Railroad Company. Lia:

Passed February 20, 1872.
Be it enacted by the Legislature of West Virginia:

1. That the council of the city of Wheeling, in Ohio Authority to Badi county, is authorized and empowered to subscribe in the capital stock.

name and on behalf of the said city, to the capital stock
of the Wheeling and Tuscarawas Valley Railroad com-
pany, a corporation incorporated under the laws of the
State of Ohio, having its eastern terminus at the city of
Wheeling, to an amount not exceeding three hundred Amount.
thousand dollars, on such terms as they may deem advisa-
ble, and may pay such subscription by issuing the bonds of May issue bonds
said city, or otherwise, and may provide by taxation, or
otherwise, for the redemption of such bonds and payment
of interest on the same.
2. Before making such subscription, the council of said Question of sub-

scription to be chi city, shall cause a vote to be taken upon the question at submitted to a

the several places of voting in the said city, at any gen-
eral, or special election ordered by them for that purpose,
notice of which must be published in each newspaper pub- Notice.
lished in said city for fifteen days at least, before the poll
is taken, at which election all persons having the right to Who may vote.
vote for mayor of said city shall be entitled to vote. The
poll shall thereupon be taken and the result ascertained certained.
under the regulations prescribed for city elections. On
the ballot used at the said polls there shall be written must show.
or printed thereon the words "For subscription," or
"Against subscription.” If it appear by the said poll, Threo-fifths vote
that not less than three-fifths of the voters of the city, thorize sub-

scription.
who voted upon the question of the proposed subscription,
are in favor of the same, the subscription may then be
made to the amount proposed or any less amount.

3. The right to the stock subscribed for, in pursuance of Captal stock ;
the preceding sections, or any special act of the legislature
hereafter passed, shall be vested in the said city of Wheel-
ing, and the council thereof shall have authority from

vote.

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where vested.

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time to time to appoint a proxy to represent the said stock

in the meetings and elections to be held by the stockDividenis; how holders of the company. The dividends on such stock collected, and where paid. shall be collected, as the city council may order, and paid

into the city treasury.
Before subscrip- 4. Before such subscription, authorized by this act shall
give guarantee. be made, said railroad company shall give a guarantee to

the council of said city, that it will construct its road into
said city and make its castern terminus, and have its depot
grounds and buildings thereon, within the corporate limits
of said city, east of the east channel of the Ohio river.

tion company to

Council authorized to grant right of way.

5. The council of said city of Wheeling is authorized to grant to said railroad company the use of any of the streets and alleys or public grounds within said city for the track upon such terms and restrictions as it may prescribe.

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CHAPTER LXVIII.
An Act to authorize the extension of the Shen-

andoah Valley Railroad through the counties
of Monroe, Summers, Mercer and McDowell

, and to provide for such extension, by empowering the boards of supervisors of said counties, to submit the question of a subscription to the capital stock of and for the condemnation of land for right of way for the lenandoal Valley Railroad Company, by said coun ties, or either of them, to the al voters thereof; and also, to authorize ans township, in either of said counties, or any municipal corporation within the same, to subscribe to said capital stock forthe same purpose, and to confer additional privileges upon said company, to facilitate such extension.

Passed February 20, 1872.
Be it enacted by the Legislature of West Virginia :

1. That the provisions of chapter thirty-nine, of the to the cour ties acts of 1870, authorizing the Shenandoah Valley Railroad of Monroe,

company to construet their road through the State of West

Act of 1877, made to aj ply

and

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by West Va.

Virginia, be made applicable to the counties of Monroe, Suramers: Mer-
Summers, Mercer, and McDowell in this state, and that ell.
the same rights and privileges shall be, and are hereby Rights granted
granted to the aforesaid company, within the territory of
West Virginia, as are granted to them in the territory of
Virginia in its original act of incorporation, and supple-
ments thereto.

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2. That the right is hereby granted said company to Right to locate locate their said road, or any branch thereof, through the said counties, by the most practicable route that the board of directors may determine.

3. It shall be lawful for any county, township of any subscriptions by county, or any municipal corporation in this State, to sub-counties, townscribe for and to own parts of the capital stock of said porations. company, in the manner hereinafter prescribed; the board of supervisors of any county acting for a county or township, or the council of any municipal corporation, acting for such municipal corporation, shall submit the question of subscription to the capital stock of said company to the submitted to voters of such county or township, or to the voters of such municipal corporation to test the sense of the voters as to whether such county, township or municipal corporation, desire to make such subscription. And such board of supervisors, or council of any municipal who to fix corporation, shall have power to fix the amount of such terms of asubsubscription to be voted for, and shall have power to fix time of election. the terms and conditions upon which such subscription may be made, and when the same shall be made, and shall have power to order a special election on the question, tr,

the time of such special election, and to provide for holding the same at the several places of voting in such county, township or municipal corporation, after having Notice. posted written or printed notices of such special election with a copy of the ordinance directing such election, stating the time of the election, the amount of the proposed What to contain subscription, the terms and conditions of, and where the same is to be made, for at least thirty days before such election, and by publication of a like notice for three successive Must be puzz weeks in every newspaper, if any be publised in every such township or municipal corporation, or they may order such county, election to be had at any general election in this State.

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Election; where Such elections shall be held at the places, and conducted

in the manner and by the persons prescribed by law for general elections. Those voting for such proposed subscription, shall have written or printed on their ballots the

words " for subscription, and those voting against it, the prepared. words "against subscription." The result of the election

in a county or township shall be certified to the board of supervisors of the county, and in the case of a municipal

corporation, to the council thereof. If a majority of the jority vote for it voters of such county, township or municipal corporation,

as the case may be, voting on the question, be for the proposed subscription, then the amount which was proposed. shall be subscribed to the capital stock of said company, on behalf of the county, township or municipal corporation, so having voted for the same, upon the terms and

conditions imposed by such ordinance submitting the quesAuthority to tion to such vote. To pay for such subscription so made

by a county, township or municipal corporation, the president and board of supervisors acting for such county or township, and the mayor and recorder acting for such municipal corporation, may issue bonds under their official

signatures, in sums of one hundred dollars each, or some When payable. multiple of one hundred dollars, payable within twenty

years, bearing not more than ten per centum interest, payable annually, and such interest shall be taken in payment

of taxes and other public debts to such county, township ment for taxes, or municipal corporation, and the supervisors acting for a

county or township shall assess and cause to be collected as other taxes uncollected, upon the real and personal property within such county or township, subject to taxa

tion for State purposes, taxes sufficient to pay the interest Sinking fund to on such bonds, and to provide a sinking fund to discharge pay principal.

the principal of such bonds when the same shall become due; and the council of such municipal corporation, so subscribing, shall impose and collect in like manner, and upon like subjects, the necessary taxes for the payment of the interest, and to provide a sinking fund to discharge

the principal of the bonds so issued by such municipal corSubscriptions by poration; but nothing herein contained shall be so con

strued as to prohibit any county from making subscription of stock to said company, in the manner prescribed by the code of this State.

4. When the said road, or any branches thereof are

Interest to be taken in pay

&c.

How collected and paid.

county under code not prohibited.

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