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CHAPTER 3.-An ACT in relation to the duties of assessors.

Passed January 26, 1869,

Assessment to
commenco on
April 1.

Be it enacted by the Legislature of West Virginia :

1. The assessors throughout the state are hereby directed to commence the annual assessments for eighteen hundred and sixty-nine on the first day of next April, instead of the first day of February, as now required by law, and the auditor is hereby required to issue his instructions to them accordingly.

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In counties

ed, present as-
sessor, if but

2. In all counties authorized by chapter twenty-nine of the Code of sessors authoriz. West Virginia to elect twɔ assessors, and where but one is now elected,

it shall be the duty of the assessor, now elected, to perform all the one, to perform duties that would otherwise devolvie, apon said two assessors.

duties.

List of deeds to
be furnished by
recorder on
March 1.

3. The recorder shall, as soon as practicable after the first of March next, furnish to each of the assessors in his county, a list of deeds and conveyances of real estata, other than deeds of trust, for the months of January and Februěry, eighteen hundred and sixty-nine, and said assessors shall•maka the transfers on their land books accordingly.

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CHAPTER 4.-An ACT extending the time for the county
officers of Nicholas county to qualify and execute official
bonds.

Passed January 28, 1869.

Time extended

Be it enacted by the Legislature of West Virginia :

The time for the county officers of Nicholas county, elected Octo-
to April 1, 1849. ber twenty-second, eighteen hundred and sixty-eight, to qualify and

file their official bonds as such, is hereby extended to, and including
April first, eighteen hundred and sixty-nine.

CHAPTER 5.-An ACT to refund certain taxes.

Passed February 2, 1869.

1

Auditor to issue
warrant for
$13.15 to Jesse
Carney.

Be it enacted by the Legislature of West Virginia :

1. The auditor is hereby directed to issue his warrant upon the treasury for thirteen dollars and five cents, in favor of Jesse Carney for excessive taxes paid in the year eighteen hundred and sixty-five on two hundred acres of land.

2. The board of supervisors of Jackson county is authorized to visors of Jackson refund to said Carney the county taxes erroneously charged on said neous county tax. two hundred acres of land for said year.

Board of super

to refund erro

CHAPTER 6.-An ACT providing for filling vacancies in the

office of Judge of the Circuit Court.

Passed February 4, 1869.
Be it enacted by the Legislature of West Virginia :

When a vacancy exists in the office of judge of any circuit court Vacancy to be the governor shall fill such vacancy by appointment for the unexpired por. term.

filled by gover.

ated.

CHAPTER 7.–An ACT appropriating money to pay the

expenses of the committee of investigation of the affairs
of the Hospital for the Insane at Weston.

Passed February 5, 1869.
Be it enacted by the Legislature of West Virginia:

1. The sum of one hundred and thirty dollars and eighty cents is $130.80 approprihereby appropriated out of any money in the treasury not otherwise appropriated, to pay the witnesses and officers attending the committee of investigation of the affairs of the Hospital for the Insane, at Weston, during their session in eighteen hundred and sixty.eight.

2. The auditor is hereby authorized to draw his warrant on the To be paid out treasurer for said amount, and pay unto the parties entitled, their by auditor. respective fees.

CHAPTER 8.-An ACT to legalize a contract between the

boards of education of the township of Eagle in the county of Harrison and Mannington in the county of Marion.

Passed February 6, 1869. Be it enacted by the Legislature of West Virginia: The contracts heretofore entered into between the boards of edu- Contracts for

educational purcation of the townships of Eagle, in the county 'of Harrison and

poses legalized. Mannington in the county of Marion, for educational purposes, are hereby legalized and made valid and effective.

CHAPTER 9.-An ACT to incorporate the Rathbone Gas

Company.

Passed February 8, 1869.

Be it enacted by the Legislature of West Virginia :

1. That John W. Butters, Benjamin Flint, W. H. Harrison Wheaton, Corporators. Isaac Sanborn, Jr., and L. D. Wheatton, their associates, successors and assigns be, and they are hereby constituted a body politic and corporate, by the name, style and title of the Rathbone Gas Company; Incorporation. the said company shall have power to lay, construct and maintain

Authority to lay or cause to be laid, constructed and maintained a line or lines of pipe lines of gas pipe.

or tubing in Burning Springs township in the county of Wirt, for the purpose of conveying or transporting through the same, gas to be used for light, fuel or other purposes by the owners or proprietors of oil wells, or other persons residing or doing business in said town. ship, and to sell the same and receive compensation therefor.

Capital stock. 2. The capital stock of said company shall consist of six hundred

shares of the par value of twenty-five dollars each, and when said When company capital stock of said company is subscribed and ten per cent of the

same is paid in, said company shall have the authority to commence business.

may commence business.

Right to hold

3. The company shall have the right to purchase or lease such real and improve real estate,

estate and erect or cause to be erected such buildings and improvements thereoa from time to time as may be convenient or necessary to the purposes of its improvement, and use and hold the same, and further shall have the right to purchase all necessary equipments, apparatus and appliances therefor.

Seal of corporation.

By-laws.

4. The said company shall have and use a common seal, and alter or amend the same at pleasure, and also shall have power to ordain, establish and put into execution such by-laws or ordinances and regulations as shall appear necessary or proper for its government, not inconsistent with the constitution of this State or of the United States.

Condemnation of land according

5. The said company shall have power to enter upon lands in the ton Code of Vir- said township of Burning Springs and condemn and acquire a suffiginia.

cient right of way over, under and through the same for the purposes of its said improvement, as provided by law in the fifty-sixth chapter

of the Code of Virginia, second edition. Special mode of acquiring rights

6. Instead of proceeding to condemn and acquire rights of way for way. its purposes aforesaid, in the manner prescribed in the said fifty-sixth

chapter of the Code of Virginia, said company, may at its option proceed as follows: If said company or any of its officers or agents, shall make affidavit that said company has failed to obtain the right

or rights of way over, under and through the lands proposed to be Op filing descrip. used for the purposes aforesaid, and shall make out a description of tion of

said lands in writing and file it in the office of the clerk of the circuit court of Wirt couniy aforesaid, stating therein the sum or sums they

propose to pay to the owners thereof for said right or rights of and bond,

way, and also file threwith a bond with security to the satisfaction of the clerk of said court, conditioned to pay all damages that may

be recovered against them as hereinafter provided, the said comcompany may enter on lanas, pany, its officers and agents, may enter upon said lands, and possess

a right of way thereon, and to construct a line or lines of pipe or pipe.

tubing through and over the same, for the purposes indicated in its corporated charter. And the party or parties owning said lands, may file with the clerk of said court, his or their claim for compensation

and construct

may file claims.

for the right or rights of way so acquired as aforesaid, stating the sum Land owners demanded therefor. And the said court at any time, upon ten days Court may apnotice to said company, shall appoint three disinterested free holders point viewers, as viewers for the purpose of ascertaining a just compensation for said right or rights of way, any two of whom may act, and the sheriff of said county after said appointment is made, shall summon the said viewers to meet on the said lands at such time as he may appoint, giving at least ten days notice to the parties interested. And the said sheriff shall administer an oath to the viewers which he is Oath of viewers, hereby empowered to do, that they, and each of them will fairly, im. partially and honestly assess, fix and determine the amount said company shall pay for said right or rights of way, and return their Their report. report in writing under their hands and seals, setting forth the amount, if any, to be paid by said company, which report shall be certified by the said sheriff, on the first day of the next term of said court, when the judge of said court shall direct judgment to be entered

upon

said report, if no exception be taken or filed thereto by Exception to reeither party; but if exceptions be filed, the court shall decide according to the evidence before it, and after judgment is entered upon said report, the company shall hold the right or rights of way over and through said lands, by a good and indefeasible title. The court shaļl also have power to order and determine which party shall pay the Costs. costs of this proceeding.

port.

bilities of com.

7. The said company shall be subject to all the provisions and Powers and lialiabilities, and entitled to all the benefits of the provisions of the pany. Code of Virginia, second edition, prescribing general regulations for joint stock companies, and works of internal improvement, and all other laws now in force relating to the same, except so far as the provisions of this act are, or may be inconsistent therewith.

8. At every meeting of the stockholders of said company, each Vote on stock. share of its stock shall be entitled to one vote.

amended or re

9. The principal office or place of business of said company shall be Principal office. kept in the township of Burning Springs, Wirt county aforesaid.

10. The legislature of West Virginia reserves the right to alter, Act may be amend or repeal this act, but such alteration, amendment or repeal pealed, but not shall not affect or impair the right of the creditors of the corporation of creditors or to have the property and assets thereof applied in discharge of stockholders. their respective claims, or of the stock holders to have the surplus which may remain after providing for the debts and liabilities of the corporation distributed among themselves, according to their respec• tive interests.

CHAPTER 10.—An ACT to amend the charter of the West

Virginia Transportation Company.

Passed February 9, 1869,
Be it enacted by the Legislature of West Virginia :

1. That an act, passed February twenty-sixth, eighteen hundred
and sixty-eight, entitled “An act to amend the charter of the West
Virginia Transportation Company,” be so amended as that the West
Virginia Transportation Company, organized under an act of the legis-
lature, passed February twenty-sixth, eighteen hundred and sixty-

seven, entitled “ An act to incorporate the West Virginia Transporta-
Company may tion Company,” shall have power to construct and maintain pipes or
construct pipes,
buildings, &c.; tubing, together with all necessary and proper machinery, telegraphs,

buildings and other appurtenances, for the purpose of transporting
petroleum, or other oils or liquids, through such pipes or tubing.

And said company shall also have the right to construct, own and and run cars and run tank-cars, boats and other receptacles for the transportation of

petroleum, or other oils or liquids, and to receive and hold such

petroleum or other oils on storage, and to buy and sell the same on Company may

commission or otherwise. And said company shall have power, at or rights of way, any time during its corporate existence, to enter and condemn lands, Code of Virginia. and acquire rights of way in the counties of Wood, Wirt, Ritchie and

Pleasants, for the purpose of constructing and maintaining such
tubing, machinery, telegraphs and buildings, as aforesaid, in the
manner provided in the fifty-sixth chapter of the Code of Virginia,
second edition; and in such cases where said company may deem
advisable, it shall, at its option, have the power to acquire a suf-
ficient right of way, only for the purposes of its said improvement,
through, on or under any such lands, instead of the fee simple
thereof.

boats.

condemn lands

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condemning land.

tion of land

2. In addition to the power conferred upon said company to enter and condemn lands, and acquire rights of way, as hereinbefore pro .vided, proceedings may, at the option of said company, be had as

follows:
Special mode of If said company, or any of its officers or agerts, shall make affida-

vit, that said company has failed to obtain the right or rights of way
over, under or through the land proposed to be used for the purposes

aforesaid, or the fee simple thereof, at the option of the company, On filing descrip- and shall make out a description of said lands in writing, and file it

in the office of the clerk of the circuit court of the counties aforesaid,
or either of them, as the case may require, stating therein the sum or
sums they propose to pay to the owner or owners thereof, for said right

or rights of way, or fee simple thereof, as aforesaid, and also file and bond, therewith a bond, with security, to the satisfaction of the clerk or

clerks, of said court or courts, conditioned to pay all damages that
may be recovered against them, as hereinafter provided, the said

company, its officers and agents, may enter upon said lands and pospossess right of sess a right of way thereon, or the fee simple thereof, as aforesaid,

and to construct a line or lines of pipe or tubing through, under or

company may enter land and

way.

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