Authority to ex limits. CHAPTER XL. An Act authorizing the extension of the corporate limits of the town of Martinsburg; Passed Feb. 15, 1872. Be it enacted by the Legislature of West Virginia. 1. That it shall be lawful for the council of Martinsburg, tend corporate from time to time, to provide by ordinance, for the exten-sion of the corporate limits of the said town, to any boundaries not exceeding the present boundaries of the township of Martinsburg, in Berkeley county, and including such portions of the township of Opequon, as are contiguous to the present limits of said town; Provided, that no part of the township of Opequon lying more than half a mile from the line dividing that township and the township of Martinsburg, shall be included in the same extension. Proviso. How established and made permanent. 2. Before any extension of the corporate limits of the said town shall become permanent and established undea the provisions of the foregoing section, the ordinance providing therefor shall be published for four weeks, in the several newspapers of the said town, and shall distinctly set forth the boundaries to which the corporate limits of the town may be proposed to be extended, and fix a day at least four weeks subsequent to the first publication of such Who may vote. Ordinance, upon which the sense of the qualified voters of the town of Martinsburg, and the contiguous territory proposed to be included within the corporate limits, shall be taken upon the said proposed extension. And for that. purpose, the council of the said town, shall cause an election to be held at the court house in the said town, on the day so designated, under the superintendence of five com-missioners, two of whom shall be residents of the territory proposed to be embraced in said extension. Election and superintendency of same. Vote by ballot. What ballot must show. Result of elec tion certified. 3. In the said elections there shall be deposited in a ballot box the ballots of all the qualified voters mentioned it the preceding section, who may desire to vote; and every ballot so deposited shall contain the words, "for extension," or "against extension," and the results of said elections shall be certified by said commissioners to the council; and if it shall appear from the certificate of the votes cast neces corporate limits.. said commissioners that a majority of the votes cast at such Majority of election were "for extension," then the ordinance so ex-sary to extend tending the limits of said town shall have full force and effect, and, thereafter, the corporation of Martinsburg shall extend to such boundaries, and include such persons and territory as shall be designated therein; but if a majority of the votes cast shall be "against extension," then such ordinance shall be void and of no effect. perty included placed upon an with other per perty. 4. Whenever the corporate limits of said town shall be Persons and proextended by virtue of the provisions of an ordinance, and in the extension the approval of the qualified voters concerned, as pro- equal footing vided for in this act, then the territory embraced in such sons and proextension shall, in regard to persons and property, be upon an equal footing, in all respects with all other persons and property within the corporate limits of the said town, and shall be entitled to all the benefits and subject to all the provisions of its charter and by-laws. cil. 5. Whenever the corporate limits of the said town shall Duties of couube extended, under the authority of this act, the council shall without delay, cause a plat and survey to be made of the town, as extended, and have the same recorded in its own minute book or journal, and in the office of the recorder of Berkeley county, and it shall further be lawful Further duties. for the council to cause the territory so added to the corporate limits of said town to be included in any of the existing wards, or to establish additional wards, to embrace the said territory, and for the purpose of equalizing the wards of the said town, the council is hereby authorized to alter, add to the number of, and re-arrange all the wards as now constructed: Provided, That the whole number of members Proviso. of the council shall at no time consist of more than two members from each ward. CHAPTER XLI. An Act granting to the Brooke County Cemetery the ground adjoining the town of Wellsburg, and for other purposes. Passed February 15, 1872. It being represented to the Legislature of West Virginia, that the burial ground, or cemetery, adjoining the Preamble and recital of boundary. Brooke County Cemetery Co. ties conferred. town of Wellsburg, in Brooke county, described as follows, to wit: Bounded on the north by the lands of the heirs of William Manser, deceased; on the east by the extension of Main street of said town of Wellsburg; on the south by Fleet street of said town, and on the west by the lands of Gould and Peirce, and Andrew Nelson; containing one acre, more or less, has been abandoned and neglected as a burial ground, and now is a waste and common. That many of those heretofore buried there, have been disinterred by their friends, and removed and re-interred in the cemetery belonging to the Brooke County Cemetery Company, and that said burial ground was conveyed to certain persons in trust for a burial ground, and that all of said trustees are now deceased. Therefore, Be it enacted by the Legislature of West Virginia : That it shall be lawful for the Brooke County Cemetery Company to take possession and control of said acre of Rights and de- land described as aforesaid, and to remove the remains of all persons interred in said parcel of ground, and re-inter said remains in the cemetery belonging to said cemetery company in proper and decent manner. And when said cemetery company shall have fully completed the removal of the dead as aforesaid, it shall be lawful for said cemetery company to lease or sell said parcel of land described as aforesaid, in such manner and on such terms as said company may deem best, for the use of said company. And for this purpose the title to the said acre of land shall be vested in said company, when it shall have removed the dead from the said parcel of ground as aforesaid. CHAPTER XLII. An Act to amend an act passed February 28, 1870, entitled "An act to incorporate the Valley River Land, Lumber and Boom Company;" and also an act amending and reenacting sections three, four, five and eight of said last named act, by adding thereto additional sections, and granting additional privileges as to acquiring and selling lands and manufacturing. Passed February 15, 1872. Be it enacted by the Legislature of West Virginia : ed. 1. That the charter of the Valley River Land, Lumber Charter amendand Boom Company is amended by additions thereto to read as follows: hold and sell 2. It shall be lawful for said company to acquire, hold May acquire, and sell land on the said Tygart's Valley river, or the land. waters thereof; Provided, The quantity so held by them Proviso. at any one time shall not exceed thirty thousand acres. privileges. 3. In addition to the privileges hereinbefore and here- Additional tofore granted, it shall be lawful for said company to manufacture and sell iron and fire brick from material taken from their land. 4. The said company is hereby authorized to increase May increase its capital stock to one million of dollars. capital stock. 5. As said river is navigable for rafting logs up to a Rates of toll. point near and below Nuzum's mill, in the county of Marion, if any person other than said company shall put rafts and boats in said river at a point up to which the same is so navigable, they shall only pay to the said company for passing through their boom or booms below such point, the cost and expense necessarily incurred in so passing. construct booms contingencies. 6. The said company shall construct a boom across the Company to said river at or near the town of Philippi, in the county under certain of Barbour, and one at or near the town of Beverly, in the county of Randolph, and one across the Buckhannon river, a branch of the said Tygart's Valley river, at or near the town of Buckhannon, in the county of Upshur, Jurisdiction of of certain counties. whenever a railroad shall be constructed across either of said rivers, at or near either of said towns; and they shall construct a boom or booms at or near any or all of said towns, or at any other point on either of said rivers, whenever the market for lumber thereat, which cannot be obtained by rafting, shall create a manifest necessity for such boom or booms. 7. The circuit courts of the several counties through circuit courts, which the said river and its branches pass, shall have jurisdiction by mandamus or other appropriate remedy, to enforce the provisions of the preceding section, and to regulate the rate of toll or boomage in their respective counties, as the judge of the circuit court of the county of Taylor was authorized by a previous act to regulate boomage or toll under this charter. Commencement. 8. The said company may commence its corporate business under this act within one year. Boundaries of district. CHAPTER XLIII. An Act creating an independent school district of the town of Sutton, county of Braxton. Passed Feb. 16, 1872. Be it enacted by the Legislature of West Virginia : 1. That the town of Sutton, Braxton county, West Virginia, and the suburbs contained within the following boundaries, to wit: beginning at the mouth of Wolf creek in Franklin township, running south-west, so as to include Beirne, Duffy and Co's lands, known as the "Kesner" tract, to the turn-pike road, thence in Lincoln township to the divide between Buffalo and Skidmore's run with same divide to G. F. Taylor's line, on the divide between Buffalo and Elk, thence with Taylor and McElwain's lines to the river, thence a line to the low gap on the divide between Elk and Otter, thence up the divide so as to include the lands of Joseph Dillons, McElwain's and Beirne, Duffy & Co's to Rush fork of Grannie's creek, thence a line to Laurel fork of same, so as to include the tract of |