construct road.

3. That the said corporation is hereby authorized and Authority to empowered to lay out and construct a railway of single track, and the necessary sidings and switches, which may commence at or in the town of Benwood in the county of Route. Marshall, and may run north along or near to the bank of the Ohio river, to the south end of Third street, in the city of Wheeling, and up said Third street to a point near the intersection of the Baltimore and Ohio Railroad with the Citizens' street railway of Wheeling.

condemn lands

4. If the said company shall not be able to contract Authority to with the owners of the land through which it may be subject to code. necessary to construct the said railway, then in that case the said railway company shall have the right to condemn the lands necessary for such purpose, under and by virtue of the laws now in force, relative to the condemnation of lands for public use, as provided in chapter forty-two of the code.

company may

5. The said railway company shall have the right to run what carriages on its said road, carriages, drawn either by horses, or with run on road. an engine or locomotive, called a "dummy engine," as the board of directors may from time to time direct.

6. The said company is hereby authorized to carry pas- Rates of toll. sengers, and carry and transfer baggage, parcels, and packages at such rates as may from time to time be fixed

by the board of directors of said company.

7. The Legislature reserves the right to repeal, alter, or Act amendablc. amend this act.

CHAPTER LXII.

An Act for the relief of William H. Edwards.

Passed February 19, 1872.

WHEREAS, It is represented to the Legislature that Preamble. three tracts of land, one of 93,000 acres, granted to William Wilson, another of 12,300 acres granted to Benjamin Martin, and the third of 9,100 acres also granted to Benjamin Martin, then in Kanawha county, and now

Preamble.

Duty and power of Auditor.

Further pream

ble.

principally in Clay county, on Elk river, have been forfeited to the State on account of delinquency for taxes, and for failing to enter the same upon the books of the commissioner of the revenue in the counties in which said lands are situated; and,

WHEREAS, It is further represented that those lands now belong to William H. Edwards, who is desirous to pay the taxes charged, and such as ought to have been charged thereon, and have the title restored to him as it was before such forfeiture; and,

WHEREAS, It is provided by the sixth section of the ninth article of the constitution of this State "that the former owner of any tract of land in this State sold under the provisions of said article shall be entitled to receive the excess of the sum for which such tract may be sold over the taxes and damages charged and chargeable thereon, and the costs," by reason whereof the State, upon a sale of the lands aforesaid, would only receive so much of the proceeds thereof as is now proposed to be paid by the owners aforesaid; and the owner would receive the residue; and,

WHEREAS, The said William H. Edwards has applied to the legislature for relief in the premises; therefore,

Be it enacted by the Legislature of West Virginia :

1. That it shall be the duty of the auditor of public accounts to ascertain the amount of taxes charged, and justly chargeable on each of said tracts of lands which still remains unpaid. For this purpose it shall be lawful for him to refer to the books of the commissioners of the revenue of the counties in which the lands are, or have been situated; the sheriff's delinquent lists; certificates of the auditor of public accounts of Virginia; receipts for taxes; and such other evidence as may be laid before him. Where any such lands have been omitted, he shall restore them to the books of the commissioners of the revenue, and shall ascertain their value by reference to the value of adjacent lands as charged on said books, and charge them accordingly.

2. And whereas, it is further represented to the Legisture that the said William H. Edwards, in the year 1857,

being apprehensive that the said tract of 93,000 acres had been forfeited to the Commonwealth of Virginia for the non-payment of taxes, obtained new grants for all the lands embraced in said survey that had not been granted to third persons, and in the year 1858 these new grants were entered and charged with taxes, on the books of the commissioners of the revenue for the counties of Nicholas and Braxton, and the taxes thereon were paid for a number of years; and it not being the will of the legislature to duplicate the taxes charged on the same land, although the owner may claim the same under two distinct titles,

Be it, therefore, further enacted:

to be omitted

new grants were

That the auditor in ascertaining the amount of taxes as Original tract, aforesaid, shall omit the original tract from the time the from time the new grants were charged, as aforesaid, and continue the charged. charges upon the new grants, the more especially as the lands embraced in the new grants were charged at a higher aggregate value than those charged in the old grant.

Authority to treasury.

ate as a convoyance.

3. Be it further enacted, That when the said sums shall be ascertained by the auditor, as aforesaid, which shall be done as soon as practicable, the said William H. Edwards, his heirs or personal representatives, is hereby authorized to pay into the treasury of the state to the credit of the pay taxes into school fund, the taxes aforesaid, on all or either of said Auditor to retracts; and upon each payment being made the auditor ceipt for same. shall receipt the same, and such receipt shall operate as a Receipt to operconveyance of the title of the state acquired to the land or lands aforesaid, or the forfeiture aforesaid to him, the said William H. Edwards, or his heirs, and re-invest him, or them, with the title of the same. And the recording of said receipt in the recorder's office of the counties in which Receipt to be. the land lies, shall have the same effect as the recording of a deed: Provided, however, that nothing in this act con- Proviso. tained shall in any way effect the title or interest of any third person, who may have adverse claims of title to said lands or any part thereof, it being the intention of the legislature by this act to restore to the said William H. Edwards, or his heirs, the title only acquired by the forfeiture aforesaid, subject to all the rights of third persons.

recorded; cffect

of.

Authority to' borrow money,

secure their

payment.

CHAPTER LXIII.

An Act to confer additional privileges on the Northern and Southern West Virginia Railroad Company.

Passed February 20, 1872.

Be it enacted by the Legislature of West Virginia:

That it shall be lawful for the Northern and Southern issue bonds and West Virginia Railroad Company, by its board of directors, to borrow money at a rate of interest not exceeding ten per centum per annum, to the amount of twelve millions of dollars, and to issue bonds therefor; and to sell the said bonds at the best price that can be obtained therefor; and to secure the payment of such bonds by mortgage on or deed of trust, to be executed by the president of its board, by order of the board of directors, upon its franchises and its real and personal property, including its road, running stock, equipments, authorized branches, income, and things, and make preference of such bonds, to certify the same, fixing the order of preference before issuing the same, and said company may authorize the conversions of said bonds or any part thereof, with the consent of any holder, of the same into stock of the company, and issue Bonds converti- certiffcates of stock therefor, upon such terms as may be and stock in- agreed upon between the company and such holder, and when so converted and the bonds so converted are canceled, the capital stock of the company shall be deemed to have been increased to the extent of such conversion.

ble into stock,

creased.

Who may sub

Hold and own bonds and guarantee payment.

2. That it shall be lawful for any persons and bodies scribe for stock. Corporate or politic, whatsoever, and whether in or out of this State, to subscribe for and hold any of the capital stock of said company; to purchase and hold any of the bonds of said company, or to guarantee or otherwise enter as security for the payment of any of the bonds of the company authorized to be issued by this act, and it shall be lawful for such persons and bodies corporate or politic, whether in or out of this State, to own and hold any of the bonds of the said company authorized to be issued by this act; and it shall be lawful for any other railroad company, pany may con- Whether in or out of this State, to construct, work and operate the road authorized to be constructed by "The Northern and Southern West Virginia Railroad Company"

Any other com

struct road.

upon such terms as may be agreed upon between such other company and the said Northern and Southern West Virginia railroad company, but without any other powers, franchises and privileges, than may have been conferred upon the said Northern and Southern West Virginia railroad company.

counties, town

incorporated

3. It shall be lawful for any county, or township, or any Subscriptions by county or city or incorporated town, in this state, to sub- ships, cities and scribe for and to own parts of the capital stock of said towns. company, in the manner hereinafter prescribed; the board of supervisors of any county, acting for a county or township, or the council of any city or incorporated town, act

scription sub

Powers of board

and council of city or town.

ing for such city or town, may submit the question of sub- Question of subscription to the capital stock of said company, to the vo- mitted to veters. ters of such county or township, or the voters of such city or town, to test the sense of the voters as to whether such county, township, city or town, desire to make such subscription. And such board of supervisors, or council of a city or town, shall have the power to fix the amount of such of supervisors subscription to be voted for, and shall have power to fix the terms and conditions upon which such subscriptions may be made, and when the same shall be made, and shall have power to order a special election on the question, to fix the Special election. time of such special election and to provide for holding the same at the several places of voting in such county, township, city or town, after having posted at least five printed Notice. notices of such special election, with a copy of the ordinance directing such election, at the most prominent places in such county, township, city or incorporated town, and published for at least four weeks, in case of a county subscription, in all the county papers, if any be published What notice in such county, stating the time of the election, the amount must contain. of the proposed subscription, the terms and conditions of the same, and when the same is to be made, for at least twenty days before such election, or they may order such election to be held at any general election in this state, after had at any genthe notice as herein provided for has been given; such election 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 What ballots "For Subscription," and those voting against it, the words must show.

Election may be

eral election.