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Bennett, John Brannon, Henry Brannon, William J.
Bland, Mathew W. Horner, Richard P. Camden, William
L. Dunnington, A. E. Sweeny, Levi Johnson, Henry C.
McWhorter; George Jeffreys, Henry C. Dickinson, Philip
Gallagher, James Gillolan, L. G. Huling, Benj. W. Byrne,
Edward Cameron, Edward Blanchard, Henry Brockerhoff

James O. Watson, Hiram J. Lynch, James Lynch, Ulysses
N. Smith, William D. Rollyson, Felix J. Baxter, Addison
McLaughlin, William A. Quarrier, James Morrow, Jr.,
William B. Ice, Peregrine Hays, Samuel A. Miller, Benj.
H. Smith, John F. W. Holt, James M. Laidley, J. B.
Walker and John Dryden, and their associates, successors
and assigns, and all who shall become stockholders when
three thousand shares of the capital stock shall have been
subscribed as hereinafter provided, are hereby made a body

politic and corporate by the name and style and title of Incorporation

* The Northern and Southern West Virginia Railroad
Company," provided said subscriptions shall be made in
good faith within three years after the passage of this act.

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Authority to 2. The said company is authorized to construct a railconstruet rail- road from some point on the Pennsylvania line, in the

county of Monongalia, via Morgantown, Fairmont, ClarksRoute of road. burg, Weston and Charleston, to some point on the Ken

tucky state line, in the county of Wayne. The said com-
pany shall have power to construct as much of said rail-
road as their capital stock may allow, and shall have all
the rights, benefits, privileges, and be subject to all the
duties and responsibilities provided for and declared in

chapters fifty-two and fifty-three of the code, so far as the subject to code same are applicable to railroad companies, and not incon

sistent with the provisions of this act.

3. The capital stock of this company shall not exceed Capital stock.

ten millions of dollars, to be divided into shares of one
hundred dollars each, and shall be considered as personal
property, and transferrable; and each share shall entitle
the holder' thereof, either in person or by proxy, to cast

one vote in all meetings of the stockholders of said comvoted.

pany. And, for the purpose of obtaining subscriptions to Subscription the said capital stock, books may be opened under the books.

direction of the persons named in the first section of this
act, or any three or more of them, at such time and place
or places in or out of this state as the persons who act in
that behalf shall deem expedient, and payment may

made for any part of such subscription, either in land or

other property, and the said company may receive volunDonations.

tary donations of land or other property, and hold the

same as part of its capital stock; provided, however, that proviso.

said company shall not hold or possess more than five hun-
dred thousand acres of land as a subscription to its capital


How stock

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stock; and, provided further, that all of such land so subscribed shall be located in this state.


4. The land so subscribed as stock shall be received at Land to be its actual cash value at the time of subscription, and shall taken at ac

tual cash be sold and conveyed to actual settlers only within ten

value, and years after the completion of said road from Charleston to sold to actual the Pennsylvania state line, such conveyances to be execu-settlers. ted by the president under the authority of the board of directors. And, in case the said corporation shall organize Subscriptions and proceed to act as a corporate body, before the whole after organiamount of capital stock shall have been subscribed, the president and directors shall have power to receive further subscriptions. And it shall be lawful for bodies cor- Subscriptions porate and politic, with their principal officers in or out of

fby corporathis state, to subscribe for and be owners of the capital stock, or any part thereof of said company.

5. Whenever one thousand shares of the capital stock Election of shall have been subscribed for, and ten per cent. of each directors and subscription actually paid, the said company may be organ

officers. ized by the election of nine directors, who, from their own number, may elect a president and vice-president, and may appoint and provide for the necessary Officers of said company. The president and directors shall have power Power of and authority to conduct all the business of said company, directors. borrow money for its use, and to execute deeds of trust or mortgage on its property in order to secure the payment of all its debts, contracts, or liabilities, or any of them.

6. The first meeting of the stockholders of said com- First meeting pany shall be held at Clarksburg, in the county of Harri- of stockson, and all subsequent meetings at such place or places holders. either in or out of this state, as the directors may from time to time appoint. And the said stockholders shall have authority, at their first meeting or any subsequent meeting, to fix and determine the place of meeting, in or Principal out of this state, of the directors, and the principal office ofice. of said company; provided, however, that the stock held

Proviso. within West Virginia shall always be represented by directors resident in the state, in the proportion of the stock held within the state to the whole stock of the company. The president, officers and agents, and a proportionate number of directors may be residents of another state.

7. The said company may and shall have full power and Branches. authority to locate, construct and maintain any branch railroad or railroads not exceeding twenty miles in length, and shall have power to connect their said railroad or any branch thereof with any railroad or railroads that are or may be constructed on or near or across the route of its

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road or branches. No company whose road shall be so
crossed or connected with, shall discriminate in its charges
or otherwise against the trade or travel of the road hereby
authorized to be constructed, which limitation and restric-
tion shall apply with equal force in favor of roads so crossed

or connected with. Representa

8. The stockholders of the said company may admit the tion of bond- bondholders under any mortgage authorized by the comholders in stockholders'; pany to representation in the meetings of the stockholders meeting. and determine the ratio of votes to be cast by them. Exemption 9. The property of the said company shall be exempt from taxation. from taxation until its net earnings exceed ten per centum

upon its capital stock. Act may be

10. The legislature reserves the right to alter or amend amended but this act, but such alteration or amendment shall not affect the rights of or impair the right of the creditors of the corporation to creditors or have the property and assets thereof applied in the disstockholders. charge of their respective claims, or of the stockholders to

have the surplus which may remain after providing for the
debts and liabilities of the corporation distributed among

themselves according to their respective interests. Limitation of 11. The work of constructing said road shall be com

menced within two years from the passage of this act and

completed within ten years from commencement, and unstruction is to less the same be so commenced and completed within said be commenc-time, all the rights and franchises herein conferred shall ed and com• be forfeited. pleted.

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time within which the work of con

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CHAPTER 171.-AN ACT to provide for the settlement of

the accounts of certain officers and persons for school
monies in their hands, or under their control.

Passed February 28, 1871.
Be it enacted by the Legislature of West Virginia :
Committee to

1. The general superintendent of free schools, on the settlo the ac- fifth day of March next, or as soon thereafter as practicable

, tain officers. if he deem it proper, may appoint in any one or more coun

ties two suitable persons, who, together with the county
superintendent of free schools, shall constitute a committee
whose duty it shall be to examine into and settle the ac-
counts, vouchers, records and papers of any board or boards
of education, township treasurers, independent school dis-
trict treasurers, sheriffs, or any other officer or person

heretofore or hereafter has had or may have in his or their
hands, or under their control, any school monies belonging
to any township, or independent school district, at any
time since the organization of this state; said committee
shall give to the board, officer or person with whom a set-

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mittee of such

tlement is to be made, at least ten days' notice, in writing, Notice to such

officers. of the time and place at which a settlement is proposed to bé made, and it shall be the duty of such board, officer, or person to appear before the said committee at the time and Appearance place appointed, with a full and complete statement of all before comsuch monies which may have come to their hands, or with

officers. which they are chargeable, and with all books, récords, papers, and vouchers in their possession or under their control, in relation to such monies, and file the same with said

Examination committee. Said committee may examine under oath any under oath. person appearing before them in pursuance of such notice, and

any other witness which they may deem necessary or Who may adproper, and for this purpose any member of the said board, minister or the clerk of the board of supervisors may administer an oath.


officer or witness. If any such Failure to apboard, officer or person shall fail to appear in pursuance of pear in pursuch notice, and said committee shall be able to make a correct statement of the accounts and liabilities of such board, officer or person, without such appearance, it shall be their duty to do so. The said committee may summon Power of and compel the attendance of witnesses before them, and committee to

compel attenfor this purpose they shall have all the powers of a court dance of of record.


oath to any

of notice,


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2. When any such settlement shall be completed by said Settlement to committee, it shall be returned to and filed with the clerk be returned to

clerk of the of the circuit court, and upon the failure of any person found circuit court. to be in arrears for any such monies as aforesaid to pay the Failure of any same to the sheriff of the county, or to such other officer as person found the court may direct, the same may be recovered of him and in arrears to

pay; how prohis sureties by motion, in the name of the township or inde- ceeded against pendent school district, in such court, upon ten days' notice that such motion will be made. But in case said commit- Inability of tee shall be unable, by reason of the failure of any such committee to board, officer or person to appear before them, in pursuance of such notice or to produce to them any book, record, of evidence. voucher, account, or other necessary paper or statement, to make such settlement, it shall be their duty to file their petition in the circuit court of their county, or with the To proceed clerk thereof in vacation, against any one or more of such petition in boards, officers, and persons, and their securities, where they have any, as they may deem necessary and proper to compel such settlement, and thereupon a summons shall issue against the defendants in said petition, to appear and answer the same at the next term of the circuit court of the said county; which summons may be served in the same manner as any other summons issued by the clerk of the circuit court may by law be served; and such proceedings in said petition may thereafter be had as in a suit in chancery regularly brought in such court for the settlement of any account.

makesettlement for want

circuit court.

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Hearing of *3. Upon the hearing of such petition, the court may
such petition. make any and every such order or decree as may be just,

against any one or more of such boards, officers or persons,
and against their securities if they have any, and may fix

and settle the sum or sums to be paid by any such board,
officer or person, and the securities of such officer or per-
son, if he have any, either separately or jointly, according
as they may be liable; and may enforce the payment of any
such sum or sums by execution or by imprisonment of the
parties for a failure to pay at such time as the court may
order. The court may also make such order or decree as

to the costs as may be right and proper; provided, that no
decree for costs shall be made against the committee filing

such petition.
Clerk of the 4. The clerk of the board of supervisors shall be the
board of su-

clerk of the said committee, and he and each member of
pervisors to be
clerk of com-

said committee shall receive for his services a sum not ex-
ceeding two dollars per day for each day actually and ne-
cessarily employed in the discharge of his duties, to be
audited by the board of supervisors, and paid out of the
county treasury.

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CHAPTER 172.-AN ACT to incorporate the Ohio River
and Wayne County Mineral and Railway Company.

Passed February 28, 1871.
Be it enacted by the Legislature of West Virginia :

1. Z. D. Ramsdell, Charles B. Webb, G. G. Burgess, Corporators.

Joseph Ferguson, Abel Segur, A. C. Handley, William
Shannon, M. Garrett, Milton Shelden and G. W. Parsons,
Jr., of West Virginia; Milton J. Ferguson and G. W. Gal-
lup, of Kentucky; and C. B. Hoard and Charles Duval, of
New York, and such other persons as may be associated
with them, in the manner hereinafter provided, shall be,
and they are hereby constituted a body politic and corpo-

rate by the name of “ The Ohio River and Wayne County Incorporation Mineral and Railway Company,” and by that name shall

have succession, and may sue and be sued in any court

whatever, and may have and use a common seal, and shall Powers of cor- have the powers, rights and franchises necessary and propporation.

er for carrying on the mining of coal and iron, the build-
ing of manufactories, saw-mills and furnaces, the manufac-
turing of ļumber, and the buying and disposing of the
same; together with the right to buy and sell real estate
or the mineral on land, the transportation of coal and other
property to market, and shall have power and authority to
make and pass such by-laws, rules and regulations for the
management and government of the affairs of said corpora-
tion and its officers and agents as may be deemed necessary
or proper, and to amend or repeal the same at any regular


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