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Logan.

Boone.

Lincoln.

Wayne.

Cabell.

Power of courts

at second term

petit juries.

For the county of Logan-On the first day of May, the first day of September and the fifth day of September, in each year.

For the county of Boone-On the sixth day of May, the eighth day of September and the twelfth day of September, in each year.

For the county of Lincoln-On the fourteenth day of May, the first day of October and the fifth day of October, in each year.

For the county of Wayne-On the eleventh day of March, the first day of June and the tenth day of October, in each year.

For the county of Cabell-On the tenth day of June, the first day of December and the tenth day of December, in each year.

2. The circuit court of every county in said district, as to grand and may, at the second term of said court, by an order entered of record, dispense with a grand or petit jury, or both, for the next ensuing term in said county. But in case there be a necessity therefor, the said court, by an order entered of record, as aforesaid, may adjourn the grand or petit jury, or both, from the second to the third term of said court, or may, by like order, direct that a special grand or petit jury, or both, be summoned by the sheriff to attend said term. The said court may, by a like order, adjourn any case pending on the docket, from the of cases on the second to the third term of the said court, and require all the witnesses in such case, who have been summoned to attend said second term, to attend on such day of the next term of such court, as may be prescribed in said order, and it shall be the duty of said witnesses to attend as such on the day named in said order, under the same pains and penalties, as if said witnesses had been duly summoned to attend said court on such day.

The adjourning

docket, and the witnesses in such cases.

Inconsistent

3. All acts, and parts of acts, relating to the times of acts repealed. holding the courts in said circuit, inconsistent with this act, are hereby repealed.

CHAPTER CXXXVIII.

An Act to provide for the vaccination of children attending the public schools in Brooke county.

Passed February 28, 1872.

Be it enacted by the Legislature of West Virginia:

ited from atten

schools who

It shall be lawful for the boards of education of the Scholars prohibcounty of Brooke, or the persons peforming that duty, ding public whenever it may be deemed necessary, to provide by order have not been that no child shall attend any of the public schools of said county who has not been vaccinated.

vaccinated.

CHAPTER CXXXIX.

An Act to make applicable to the county of Pendleton, the provisions of Chapter eighty-seven, of the acts of 1870.

Passed February 28, 1872.

Be it enacted by the Legislature of West Virginia :

apply to Pen

1. That the provisions of chapter eithty-seven, of the Certain act to acts of the legislature of West Virginia, passed March 2, dleton county. 1870, are hereby made applicable to the county of Pendle

ton.

super

Commissioners to be free

2. The commissioners appointed by the board of visors of said county of Pendleton, to carry out the pro-holders. visions of said act in said county, shall be freeholders. thereof, and one shall be a resident of Franklin township, and the other two shall be residents of Mill Run township.

Where to reside

CHAPTER CXL.

An Act to legalize a late election held in Ohio county, to make a subscription to the Pittsburgh, Wheeling and Kentucky Railroad Company.

Passed February 28, 1872.

WHEREAS, an election was held in January, 1872, to Preamble. take the sense of the voters of Ohio county on the question of subscribing, not exceeding $225,000, to the capital

Vote upon subscription and

valid, legal and binding

stock of the Pittsburgh, Wheeling and Kentucky Railroad Company, and the board of supervisors, of said county of Ohio, have since subscribed said sum to said capital stock of said company; and,

WHEREAS, Some question has been raised as to the validity of such vote and subscription; Therefore,

Be it enacted by the Legislature of West Virginia:

1. That said vote of the county of Ohio and the said bonds, declared subscription, by the board of Supervisors to the stock of the Pittsburgh, Wheeling and Kentucky railroad, be, and is hereby declared legal and valid, and the bonds proposed to be issued thereunder, are hereby valid and binding upon the said county of Ohio.

Preamble.

Cetain land

heretofore taxed

be hereafter

county.

CHAPTER CXLI.

An Act directing ten thousand acres of the Bruen survey of land to be taxed, in Roane county.

Passed February 28, 1872.

WHEREAS, The large survey of land, known as the Bruen land, charged upon the commissioners' books of the county of Jackson, in the name of T. L. and Mary Bruen, containing forty thousand acres, lies partly in the county of Roane; therefore,

Be it enacted by the Legislature of West Virginia :

1. That ten thousand acres of the said Bruen survey, in Jackson co. to now charged upon the commissioners' books in the county taxed in Roane of Jackson, or so much thereof as may be ascertained to be in said county, in the name of T. L. and Mary Bruen, be hereafter, and for the year 1872, taxed in the county of Roane, as other lands in said Roane county are taxed. The assessor for the said county of Roane is hereby directed to Roane county; enter the said ten thousand acres of land for assessment

Assessor of

his duty.

and taxation upon the commissioners' land book, in said Roane county, at the same valuation per acre as is now charged upon it in the county of Jackson, and the assessor for the last named county is hereby directed to deduct said

Jackson county;

ten thousand acres from the tract, charging on the com- Assessor of missioners, books only the residue of said tract in the said his duty. county of Jackson, for the year 1872, and thereafter at the valuation now charged upon it.

CHAPTER CXLII. ·

An Act extending the connections of the Chesapeake and Ohio Railroad.

Passed February 28, 1872.

Be it enacted by the Legislature of West Virginia:

river.

1. That the Chesapeake and Ohio railroad company may Authority to build bridge as a part of its line of railroad build and work a railroad across the Ohio bridge across the Ohio river, at, or near Huntington, and above the mouth of Big Sandy river, in Cabell county, subject to the provisions of the act of congress entitled, "An act to establish certain post roads," approved July 14th, 1862.

May connect

and receive tolls.

If the said company shall choose, it may connect with said railroad bridge a toll bridge, and may demand and railroad bridge receive tolls on persons and things passing over the same, until the tolls produce such a revenue that the dividends declared to stockholders shall exceed twelve per cent. per annum on the cost of so much of the said bridge as may be built for a toll bridge, and thereafter the legislature shall have the right to reduce the tolls so that the Dividends not to dividends shall not exceed twelve per cent. per annum.

exceed 12 per cent.

Authority to

across Big

2. That the said company may, as a part of its line of railroad, build and work a railroad bridge across the Big bulld bridge Sandy river at, or near its mouth, and upon such location Sandy river as may be most convenient with reference to the navigation of the river and the connection of the railroad with the system of railroads in the State of Kentucky.

3. That the said company, for the purpose of extending May extend its its connections in this and other states, may unite with connections. other railroads organized, or to be organized, and may acquire an interest in, and aid in the construction or equipment of such railroads by purchase, by subscriptions to

[blocks in formation]

capital stock, by advances of money or credit, or by such other means, and upon such terms as may be agreed upon: Provided, this section shall not be so construed as to release said Chesapeake and Ohio railroad company, from any contract entered into by said company with the commissioners of Virginia and West Virginia.

4. That for the construction and equipment of the bridges hereby authorized, or for any other purposes warranted by its charter, the said company may borrow money and secure its payment by mortgage upon the whole or any part of its property, including such bridges.

School district established.

CHAPTER CXLIII.

An Act to provide for an Independent Schoo District in the township of Ceredo, in the county of Wayne.

Passed February 28, 1872."

Be it enacted by the Legislature of West Virginia :

1. The incorporated town of Ceredo and all the suburbs included in, and known as school district No. 1, in Ceredo township, county of Wayne, shall constitute an independent school district for free school purposes, and the Board of educa- schools within the same shall be controlled by a board of education, consisting of three school commissioners, who shall be elected by the resident voters of said district.

tion; how elected.

Property vested in board

Powers and

2. The school property, both real and personal, now within the said district, belonging to the board of education of Ceredo township, shall by this act vest in the board of education of the said district of Ceredo, which duties of board. board shall have the rights, and exercise the same powers, and perform the same duties, and be governed by the same laws as the township boards of education, except so far as otherwise provided for by this act. Wherever the word "township" occurs in the general school law, it shall be construed to mean "school district," whenever necessary to give effect to the provisions of this act.

Meaning of "township."

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