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Town incorporated.

Corporate limits

CHAPTER LXVI.

An Act to incorporate the town of Beckley, in the county of Raleigh.

Passed Feb. 20, 1872.

Be it enacted by the Legislature of West Virginia:

1. That the place known as "Beckley" in the county of Raleigh, be and the same is hereby made a town corporate and a body politic by the name of "The town of Beckley," and shall in all respects be subject to the provisions of chapter forty-seven of the code, entitled "of townships and villages."

2. The corporate limits of said town shall be as follows: Beginning at a white oak stump, corner of E. Prince's survey of one hundred and twenty-nine and a half acres, and with his line north twenty-four degrees, west eighty poles to Manser's northeast corner, with his line north sixty-six degrees, west twenty-nine poles to his northwest corner, thence with E. Prince's one hundred and twenty-nine and a half acre survey north eighty-seven degrees, west twenty poles to a point on the turnpike opposite a chestnut tree, beginning corner of the town plat for E. Prince's five acre home lot, and with his line south eighty-eight east, thirty-seven and a half poles to a dead chestnut tree, the said E. Prince's corner, and with his line south twentyfour degrees, east twelve poles to George H. Prince's corner of two and a half acres, corner on a fallen white oak tree, and with the same, south sixty-six degrees, west twenty-eight poles to the beginning corner, a dog-wood tree, on John B. Beckley's line on brickyard road, then crossing the road with the same course of Joseph Hanna's line twenty-five poles to his corner, a stake, and with his line south two degrees and seventy-five poles to the Logan turnpike, and with the same south about fifty-seven degrees, west to corner of Judge Gillaspie's home inclosure, and with said inclosure around to big branch and to Beckley's corner, and thence with William Prince's line, formerly Haymaker's line, north sixty-six east, one hundred and fifty-five poles to the beginning.

CHAPTER LXVII.

An Act to authorize the city of Wheeling to subscribe to the capital stock of the Wheeling and Tuscarawas Valley Railroad Company.

Passed February 20, 1872.

Be it enacted by the Legislature of West Virginia :

subscribe to

1. That the council of the city of Wheeling, in Ohio Authority to county, is authorized and empowered to subscribe in the capital stock. name and on behalf of the said city, to the capital stock of the Wheeling and Tuscarawas Valley Railroad company, a corporation incorporated under the laws of the State of Ohio, having its eastern terminus at the city of Wheeling, to an amount not exceeding three hundred Amount. thousand dollars, on such terms as they may deem advisable, and may pay such subscription by issuing the bonds of May issue bonds and provide for said city, or otherwise, and may provide by taxation, or their payment. otherwise, for the redemption of such bonds and payment

of interest on the same.

scription to be

vote.

2. Before making such subscription, the council of said Question of subcity, shall cause a vote to be taken upon the question at submitted to a the several places of voting in the said city, at any general, or special election ordered by them for that purpose, notice of which must be published in each newspaper pub- Notice. lished in said city for fifteen days at least, before the poll

is taken, at which election all persons having the right to Who may vote. vote for mayor of said city shall be entitled to vote. The poll shall thereupon be taken and the result ascertained certained.

Result; how as

under the regulations prescribed for city elections. On What the ballots

required to au

the ballot used at the said polls there shall be written must show. or printed thereon the words "For subscription," or "Against subscription." If it appear by the said poll, Three-fifths vote that not less than three-fifths of the voters of the city, thorize subwho voted upon the question of the proposed subscription, are in favor of the same, the subscription may then be made to the amount proposed or any less amount.

scription.

where vested.

3. The right to the stock subscribed for, in pursuance of Captal stock; the preceding sections, or any special act of the legislature hereafter passed, shall be vested in the said city of Wheeling, and the council thereof shall have authority from

How represented.

time to time to appoint a proxy to represent the said stock in the meetings and elections to be held by the stockDividends; how holders of the company. The dividends on such stock shall be collected, as the city council may order, and paid into the city treasury.

collected, and

where paid.

Before subscrip

tion company to

4. Before such subscription, authorized by this act shall give guarantee. be made, said railroad company shall give a guarantee to the council of said city, that it will construct its road into said city and make its eastern terminus, and have its depot grounds and buildings thereon, within the corporate limits of said city, east of the east channel of the Ohio river.

Council authorized to grant right of way.

5. The council of said city of Wheeling is authorized to grant to said railroad company the use of any of the streets and alleys or public grounds within said city for the track upon such terms and restrictions as it may prescribe.

Act of 1870,

CHAPTER LXVIII.

enandoah

An Act to authorize the extension of the Shen-
andoah Valley Railroad through the counties
of Monroe, Summers, Mercer and McDowell,
and to provide for such extension, by empow
ering the boards of supervisors of said counties,
to submit the question of a subscription to
the capital stock of and for the condemna-
tion of land for right of way for the
Valley Railroad Company, by
ties, or either of them, to the
thereof; and also, to authorize any township,
in either of said counties, or any municipal
corporation within the same, to subscribe to
said capital stock forthe same purpose, and to
confer additional privileges upon said com-
pany, to facilitate such extension.

Passed February 20, 1872.

said coun

al voters

Be it enacted by the Legislature of West Virginia : 1. That the provisions of chapter thirty-nine, of the to the counties acts of 1870, authorizing the Shenandoah Valley Railroad company to construet their road through the State of West

made to aj ply

of Monroe,

by West Va.

Virginia, be made applicable to the counties of Monroe, Summers, MerSummers, Mercer, and McDowell in this State, and that ell. the same rights and privileges shall be, and are hereby Rights granted granted to the aforesaid company, within the territory of West Virginia, as are granted to them in the territory of Virginia in its original act of incorporation, and supplements thereto.

2. That the right is hereby granted said company to Right to locate locate their said road, or any branch thereof, through the road. said counties, by the most practicable route that the board of directors may determine.

Subscriptions by

ships and cor

Question to be

voters.

3. It shall be lawful for any county, township of any county, or any municipal corporation in this State, to sub- counties, townscribe for and to own parts of the capital stock of said porations. company, in the manner hereinafter prescribed; the board. of supervisors of any county acting for a county or township, or the council of any municipal corporation, acting for such municipal corporation, shall submit the question of subscription to the capital stock of said company to the submitted to voters of such county or township, or to the voters of such municipal corporation to test the sense of the voters as to whether such county, township or municipal corporation, desire to make such subscription. And such board of supervisors, or council of any municipal who to fix corporation, shall have power to fix the amount of such terms of subsubscription to be voted for, and shall have power to fix time of election. the terms and conditions upon which such subscription 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 time of such special election, and to provide for holding the same at the several places of voting in such county, township or municipal corporation, after having Notice. posted written or printed notices of such special election with a copy of the ordinance directing such election, sta

amount and

scription and

Place of voting.

lished.

ting the time of the election, the amount of the proposed what to contain subscription, the terms and conditions of, and where the same is to be made, for at least thirty days before such election, and by publication of a like notice for three successive Must be pubweeks in every newspaper, if any be publised in every such township or municipal corporation, or they may order such county, election to be had at any general election in this State.

held and how conducted.

Ballots; how prepared. Result; to

whom certified.

Subscription

valid if a ma

Authority to issue bonds.

Election; where Such elections 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 "for subscription," and those voting against it, the words "against subscription." The result of the election in a county or township shall be certified to the board of supervisors of the county, and in the case of a municipal corporation, to the council thereof. If a majority of the jority vote for it voters of such county, township or municipal corporation, as the case may be, voting on the question, be for the proposed subscription, then the amount which was proposed. shall be subscribed to the capital stock of said company, on behalf of the county, township or municipal corporation, so having voted for the same, upon the terms and conditions imposed by such ordinance submitting the question to such vote. To pay for such subscription so made by a county, township or municipal corporation, the president and board of supervisors acting for such county or township, and the mayor and recorder acting for such municipal corporation, may issue bonds under their official signatures, in sums of one hundred dollars each, or some When payable. multiple of one hundred dollars, payable within twenty years, bearing not more than ten per centum interest, payable annually, and such interest shall be taken in payment of taxes and other public debts to such county, township ment for taxes, or municipal corporation. and the supervisors acting for a county or township shall assess and cause to be collected as other taxes uncollected, upon the real and personal property within such county or township, subject to taxation for State purposes, taxes sufficient to pay the interest Sinking fund to on such bonds, and to provide a sinking fund to discharge the principal of such bonds when the same shall become due; and the council of such municipal corporation, so subscribing, shall impose and collect in like manner, and upon like subjects, the necessary taxes for the payment of the interest, and to provide a sinking fund to discharge the principal of the bonds so issued by such municipal corSubscriptions by poration; but nothing herein contained shall be so construed as to prohibit any county from making subscription of stock to said company, in the manner prescribed by the code of this State.

Interest to be taken in pay

&c.

How collected and paid.

pay principal.

county under

code not prohibited.

4. When the said road, or any branches thereof are

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