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CHAPTER 196.-AN ACT authorizing the sale and con

veyance, to the United States, of the Soldiers' Cemetery
at Grafton, in this state.

Passed March 1, 1871.
Be it enacted by the Legislature of West Virginia :
Authority to 1. That the governor be and he is hereby authorized to
sell soldiers · sell and convey to the United States, for such considera-
cemetery at

tion as he may deem just, all the right, title and interest of
the state in and to the soldiers' cemetery, at Grafton, in

this state. Consent of

2. And the consent of the legislature is hereby granted legislature

to the United States to hold, occupy and use the ground, granted for the United buildings, &c., of said soldiers' cemetery as a place of burial States to hold for the dead, but not otherwise. such property

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CHAPTER 197.-AN ACT to authorize the construction of
a railroad across the Ohio river at Wheeling Island.

Passed March 1, 1871.
Be it enacted by the Legislature of West Virginia:
Right of way

1. That any railroad company that may be incorpora

ted by the laws of the state of Ohio, for the construction
Ohio river at of a railroad from the city of Wheeling, or from the west-

ern bank of the Ohio river, opposite to said city, northgranted.

westwardly through the state of Ohio, in the direction of
New Philadelphia and Toledo, or other point on or near
Lake Erie, shall have power to extend its road across the
Ohio river at Wheeling Island, and to bridge either or both
branches of the Ohio river to such point within the city of

Wheeling as it may deem advisable. Provided, however,

that the bridge herein authorized to be built or construct-
ed shall not be less than ninety feet high from low water
mark; and the middle or channel span shall not be less
than four hundred feet wide; except that the provisions
herein contained shall not apply to the branch of the Ohio

river on the west side of Wheeling Island. Powers and

2. That such railroad company shall have the same privilege:.

powers, privileges and franchises in this state for the pur-
pose of constructing, maintaining and operating so much
of this road as lies in this state, and erecting and maintain-
ing a bridge or bridges over one or both branches of the
Ohio river, as are conferred upon said company by the
laws of Ohio. And said corporation shall, so far as their

road in this state is concerned, be deemed and taken to be Proviso.

a West Virginia corporation. Provided, however, that
nothing herein contained shall be construed to confer upon
said corporation any powers, privileges and franchises in-
consistent with the constitution and laws of the United
States or of this state; and that in the exercise of its pow-

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kl: ers, privileges and franchises it shall be governed by the

general railroad laws of this state as far as said law is applicable.


CHAPTER 198.-AN ACT to authorize Portland school dis

trict, in Preston county, to levy a tax to continue its
school for a longer period.

Passed March 1, 1871.
Be it enacted by the Legislature of West Virginia :

1. The trustees of Portland school district, in Preston Authority for county, are hereby authorized to call a meeting annually the school

district to levy of the qualified voters of said district, by posting written an extra tax notices in three conspicuous places in the district, at least to continue its one week before the time appointed for said meeting, and schools for a if a majority of the voters of said district are present, shall

longer period. proceed to take the sense of the meeting in respect to levying an extra tax on the district for the purpose of continuing its school for a longer time than that of the other districts of the township, and if a majority of the voters present are found to be in favor of such tax, said tax, including the township tax for school purposes, not to exceed

eighty cents on the hundred dollars, then the trustees shall Tax not to ex[ certify the same to the township board of education, who, ceed 80 cents

$ in the next annual levy for the township, shall levy said extra tax on said district in the same manner as the town- How said tax ship levy is made, and it shall be collected in the same manner and by the same collector as the township levy; but the amount collected on said extra tax, shall be used exclusively for the benefit of the aforesaid Portland school district.

2. If such extra tax is voted and levied, the said Port-Said tax not land school district shall be entitled to receive from the to diminish township and state funds the full amount it would other- the amount to

be received wise have received from them, and its school shall be con- from the tinued as much longer than the other districts of the town-township and ship as the proceeds of its extra tax will pay for.

is to be levied.

state funds.

CHAPTER 199.-AN ACT to amend certain portions of
chapter thirty-three of the code of West Virginia.

Passed March 1, 1871.
Be it enacted by the Legislature of West Virginia :

Chapter 33 of So much of chapter thirty-three of the code of West Vir- the code ginia as relates to the tax on billiard tables and bowling amended. álleys, is hereby amended so as to provide that the owner Keepers of or keeper of a billiard table or bowling alley may take out billiard tables

or license on the same for any fractional part of a year, not alleys may less than one month, at the proportionate part of the pre-take out

licenses for „sent rate of tax, which the time for said license taken bears


anv fractional 24

part of u year.

Acts repealed. to a whole year. And all acts and parts of acts inconsist

ent with this act are hereby repealed.

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CHAPTER 200.-AN ACT amending and re-enacting sec

tion five, of chapter thirty-three of the code of West Vir-

Passed March 1, 1871.
Be it enacted by the Legislature of West Virginia:
State tax on That section five of chapter thirty-three of the code of
licenses for

West Virginia be so amended as to read, “The state tax performances, on every license for theatrical performances shall be twen

ty dollars for each week, or four dollars per day for any
fractional part of a week.”

20 oft pre

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CHAPTER 201.-AN ACT to incorporate the Buckhannon

Mineral Railroad Company.

Passed March 1, 1871.
Be it enacted by the Legislature of West Virginia :
Corporators. 1. That D. D. T. Farnsworth, George R. Latham, A. M.

Poundstone, J. S. Fisher, G. Auston Newlon, W. C. Car-
per, A. B. Clark, Thomas J. Farnsworth, J. H. Rohrbough,
Thomas G. Farnsworth, Levi Leonard, Andrew Pound-
stone, S. B. Phillips, P. F. Pinnell, Mifflin Lorentz, J. W.
Heavner, G. E. Jarvis, A. D. Casteel, B. F. Martin, Sam-
uel Woods, Lewis Wilson, Job Glasscock, Spencer Day-
ton, Thomas Kenedy, A. H. Thayer, J. H. Taylor, T. S.
Spates, George Bastable, Ira Hart, Adam Bumgardner,
Wellington Martin, W. W. Daniels, all of West Virginia,
and A. B. Clark, of Ohio, and such other persons as may
become associated with them in the manner hereinafter

provided, shall be and they are hereby constituted a body I ncorporation politic and corporate by the name of The Buckhannon

Mineral Railroad Company,” and by that name shall have Corporate succession and have power to sue and be sued in any court power8.

whatever, and may have and use a common seal with the
right to alter or renew the same at pleasure; and shall
have all the powers, rights and franchises necessary and
proper to locate, construct and maintain a railroad to be

known as “The Buckhannon Mineral Railroad Company." Rouie of road. to begin at some point on the “Northwestern Virginia

Railroad," at or near Clarksburg, in the county of Har-
rison, or at some point ou “ The Baltimore and Ohio Rail-
road," at or near Grafton, in the county of Taylor, or at
any intermediate point between the said Clarksburg and
Grafton, and to run thence by the most practicable route
to the town of Buckhannon, in the county of Upshur.
And the said company shall be and is hereby invested with
all and singular the rights, powers, immunities, franchises

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and privileges for surveying, constructing and equipping Company insaid railroad, and working, repairing, preserving and con- the rights and

vested with trolling the same, and the necessary vehicles and appur- privileges entenances thereto belonging, for the safe and convenient joyed by the transportation of freight and passengers thereon, and with Baltimore and

Ohio railroad. the power and authority to charge and collect tolls on passengers and freight on the same, and every part thereof which the Baltimore and Ohio Railroad Company enjoys under the act incorporating said company, and the acts amendatory and supplementary thereto, and subject to any of the laws of this state, as if the same were hereby expressly enacted as part hereof.

2. The capital stock of said company shall not exceed Capital stock. the sum of one million of dollars, to be divided into shares Shares. of twenty-five dollars each, and shall be considered as per sonal property, and shall be transferable in such manner as may be provided by the by-laws of said company, and each share thereof shall entitle the holder to one vote in all the meetings of the stockholders of said company, to be given either in person or by proxy; and for the purpose of obtaining subscriptions to the said capital stock, books Subscription may be opened under the direction of the persons named in books. the first section of this act, or any three or more of them, at such times and at such place or places as the persons who may act in that behalf shall deem expedient, and payment may be made for the whole or any part of such sub scriptions either in lands or other property or money, and if in lands or other property, then at such price and valuation as may be agreed upon by those securing such subscription; and the said company may also accept and receive from any person or persons voluntary donations of Voluntary any lands or other property or money given in aid of the donations. location, construction and equipment of the said road, and may hold and enjoy the same as part of the capital stock of the said company. Any real estate may be conveyed to Authority to the said company for the purposes aforesaid, by proper

estate. deeds of conveyance, and the same may be disposed of for the lawful purposes of the company by proper deeds of conveyance, executed by the president thereof, upon the order of a majority of the directors of the said company at a meeting thereof; and in case the said company shall or- Subscriptions ganize and proceed to act as a corporate body before the after organiwhole amount of the said capital stock shall have been subscribed, the president and directors of the said company shall have power at any time thereafter and as often as they may deem it necessary, and without opening anew books of subscription, to receive further subscriptions to said capital stock and to augment the same to such extent as may be authorized and fixed at any general meeting of the stockholders of said company, not to exceed, however, the said sum of one million of dollars; and it may be law

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ful for all persons and bodies corporate and polític;.what-
soever, to become subscribers for and owners of the capital

stock of said company, or any part thereof. --Authority for

3. It shall be lawful for all persons and bodies, corporate bodies corpo- and politic whatsoever, to become subscribers for and ownrate and poli- ers of the capital stock of said company, or any part thereistock. of, and power and authority is hereby given to the counties Aloo for cer- of Upshur, Harrison, Taylor and Barbour to become subtain counties scribers for and owners of the said capital stock. of. said to take stock.

company, or any part thereof, whenever a majority: of the Voters to legal voters of either of said counties shall at any election decide.

ordered therefor, vote in favor thereof; but neither of the

said counties shall have power to subscribe for and become $200,000 of

the owners of more than two hundred thousand dollars of stock maxi

the capital stock of said company; and immediately after county. the organization of said company the board of supervisors Supervisors of of said counties may order an election to be held in said said counties ; counties to test the sense of the people thereof as to wheththeir duties, er or not said counties desire to become subscribers for

and owners of the capital stock of said company or any
part thereof, and the board of supervisors of each of said
counties shall have power to fix the amount of subscription
to be voted for, and said amount shall be printed on the
ticket, to be headed, "For subscribing $-

to the cap-
ital stock of the Buckhannon Mineral Railroad Company,
and as soon as it is ascertained as herein provided that any
of said counties desire to become subscribers for and own-
ers of the capital stock of said company or any part there-
of, the board of supervisors of such county or counties shall
proceed to raise the the amount so subscribed by issuing
bonds of such county or counties, payable at such time and
in such manner as they may deem best, and with said
amount so subscribed, purchase of the capital stock of said
company, in the name of such county or counties so sub-
scribing, or transfer to said company said bonds in payment
of the subscriptions of said county or counties to said capi-
tal stock, whichever they may deem best for the interest of

said county or counties.
Directors. 4. The affairs of said company shall be managed by the

persons named in the first section of this act, who are
hereby constituted directors of said company, until direct-
ors shall be elected as hereinafter provided, and in case

the decease of one or more of said persons, or their refusal
to act as directors, the remaining person or persons shall
have power to select other persons as directors for the time
being in their stead, and whenever an amount of the capi-
tal stock of said company shall be subscribed, sufficient, in

the judgment of the said directors, to justify it in proceedden er stocke ing to the prosecution of its business, a general meeting of

the subscribers to the stock of said company shall be held

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