1 except in the case specified in the nineteenth section, and except agricultural societies and societies formed to promote agriculture and stock raising, which said last mentioned societies shall have power to hold not more than thirty acres of land in a city or incorporated town; provided that companies formed prior to the first day of April, eighteen hundred and sixty-nine, for the purposes of mining, manufacturing, wool growing and stock raising may hold land in the counties of Logan, Boone and Wyoming, not exceeding sixty thousand acres." Notes and claims before July 1, 1870, CHAPTER 22.-An ACT to provide for winding up the affairs of the Merchants' and Mechanics' Bank of Wheeling. Passed February 15, 1869. Be it enacted by the Legislature of West Virginia: 1. All notes and claims against the Merchants' and Mechanics' to be presented Bank of Wheeling shall be presented for payment during business hours at the banking house at which the same are respectively pay. able, on or before the first day of July, eighteen hundred and seventy, and after the said date no suit, motion or proceeding at law or in equity shall be commenced for the recovery of any note, claim or commenced on liability now existing against said bank, unless it shall have been presented, as aforesaid, without obtaining payment thereof. after which no suit is any claim not so presented. Appointment of Powers and dusioners. 2. The stockholders of said bank, in general meeting assembled, are hereby authorized to appoint commissioners to collect all outstanding debts and claims due to said bank, and convert into money its property and assets, and pay over and distribute the proceeds, after deducting reasonable expenses, to and among the creditors and stockholders, according to their respective rights. 3. The commissioners, a majority of whom may act, may fill any tles of commis- vacancy occurring in their body, and may compromise any claim in favor of or against the said bank; and as soon after the first day of July, eighteen hundred and seventy, as in their judgment it can be properly done, they shall sell the remaining property, assets and claims of said bank, not theretofore converted into money, at public auction for cash, or on reasonable terms of credit, or in part for cash and on reasonable terms of credit as to the residue, and pay over and distribute the proceeds as directed by the preceding section. First section of lished. 4. The said commissioners shall also, within thirty days after their act to be pub- appointment, cause a copy of the first section of this act to be published in the Wheeling Intelligencer, Wheeling Register, Parkersburg Times, est Virginia Journal, Berkeley Union, and Monroe Republican. 1 CHAPTER 23.-An ACT to release from taxation certain bonds issued for the improvement of the Little Kanawha river. Passed February 16, 1869. Be it enacted by the Legislature of West Virginia: a Bonds issued in aid of improvement exempted. from taxation That with a view to aid and encourage the improvement of the Lit tle Kanawha river, in the state of West Virginia, and to render it navigable stream, that all bonds issued by the counties of Wood and Wirt, and the city of Parkersburg, and those issued by the Little Kanawha Navigation Company, under and by authority of any law of this state, to raise money to be applied and expended bona fide in the construction, building and completion of locks and dams necessary to render the Little Kanawha river navigable by slack-water, be and the same are hereby exempted from all and every kind of county, in hands of holdtownship or municipal taxation, in the hands of the holders of said ers, bonds so bona fide issued for the purpose aforesaid, for the period of twenty years. for twenty years. CHAPTER 24.-An ACT for the relief of the heirs and personal representatives of Joshua H. Staats. Passed February 17, 1869. Be it enacted by the Legislature of West Virginia: The personal representatives and heirs of Joshua H. Staats, deceased, late sheriff of Jackson county, are hereby released from all liability to this state upon judgments rendered against said Staats and his sureties in the city of Richmond, on condition that said personal representatives release the supervisors of Jackson county from the liability to them, or to the estate of the said deceased. Release from liability on judgments against Staats and his sureties, on cer tain conditions. CHAPTER 25.-An ACT to pay Gustavus Cresap, late Prosecuting Attorney for Preston county, his unpaid salary for 1862. Passed February 18, 1869. Be it enacted by the Legislature of West Virginia : warrant for $50. The auditor is hereby authorized to draw his warrant upon the Auditor to issue treasury for fifty dollars, in favor of Gustavus Cresap, late prosecuting attorney for the circuit court of Preston county, for his unpaid salary for eighteen hundred and sixty-two. Townships authorized to sub ceeding $200,000. CHAPTER 26.-An ACT to authorize the townships on the Passed February 18, 1869. Be it enacted by the Legislature of West Virginia : 1. The townships lying on the east side of the Monongahela river, scribe not ex in the county of Monongalia, or any of them, are hereby empowered to subscribe, severally or jointly, to the capital stock of the railroad company known as The Uniontown and West Virginia Railroad Company," (which company is duly chartered by the Legislature of Pennsylvania,) any sum not exceeding two hundred thousand dollars. Question of sub scriptlon to be ters. tion. 66 2. Before making said subscription, the question of so doing shall submitted to vo- be submitted to the qualified voters who are legally registered and entitled to vote for members of the house of delegates, at an elecNotice of elec- tion to be held by order of the board of supervisors of the said county of Monongalia, of which election notice shall be given at least thirty days before the time fixed for the holding thereof, in some newspaper published in said county, and the said election shall be held at the usual places of voting in said townships as established by law, and shall be conducted in the same manner and by the same officers provided by law to hold elections for members of the house of delegates, who shall receive the same compensation for their services as in other elections. Places and officers of election. Poll books. 66 3. In a book for said election shall be kept a record of the names of all the voters, and in another book two columns shall be opened and headed respectively, the one For the subscription," and the other "Against the subscription," in which shall be indicated the choice of the voters, and the result of said election shall be certified to the sult of election. board of supervisors of the county of Monongalia, and there be entered in the record of their proceedings. Certificate of re If majority favor subscription then supervisors to subscribe. Issue of township bonds. 4. And if at the said election a majority of all the voters of said townships, or either of them, shall cast their votes in favor of subscribing as aforesaid to the capital stock of said railroad company, such sum as shall be designated in the order of the board of supervisors providing for said election, then the same shall be subscribed by the supervisors of the townships, or either of the townships, whose people by a majority vote may agree so to do. And to further the purpose of said subscription, the supervisor and clerk of a township, or supervisors and clerks of townships that have agreed to subscribe, shall issue bonds under their official seal payable at any time within twenty-five years, and bearing no greater rate of interest than seven per cent per annum, to facilitate or liquidate any subscriptions herein authorized. And any bonds so made shall be signed by the supervi sor and clerk, or supervisors and clerks, as aforesaid, under the seal of their corporate authority. make necessary 5. The board of supervisors of the county of Monongalia shall Supervisors to annually make the necessary levies upon all property, real and per- levies. sonal, within the township or townships so agreeing, to provide for the payment of the debt and interest of said bonds. 6. In all matters of representation of the said stock so subscribed in the government and regulations of the said railroad company, and its stock, within the state of West Virginia, the voters of the township or townships interested shall annually appoint one proxy for each and every township so subscribing, to cast the vote of said township, or townships, in all matters relating to said railroad, at the yearly meetings. CHAPTER 27.-An ACT for the relief of John T. Sarrett, of Passed February 18, 1869. Be it enacted by the Legislature of West Virginia: John T. Sarrett, one of the securities of Wilson Abbott, late sheriff Release from liability to Virof Raleigh county, is hereby released from all liabilities to the com- ginia. monwealth of Virginia, as security for the said Wilson Abbott, late sheriff as aforesaid; provided, that this act shall not be construed to release the said Wilson Abbott or the remainder of his securities from not released. any liabilities whatever, as such sheriff and securities. Principal or other securities CHAPTER 28.-An ACT to provide for the publication and distribution of the Code of West Virginia. Passeed February 18, 1869. Be it enacted by the Legislature of West Virginia: printed. 1. That the act entitled "An act establishing a code of laws for this How code to be state," passed during the late extra session of the legislature, shall not be published with the other acts of said session, but shall be printed on good paper, in a separate volume, in such style as may be prescribed by the superintendent of the publication, well bound in law sheep, and lettered on the back "Code of West Virginia." Beside the said act, the volume shall contain the declaration of in- What it shall dependence; the constitution of the United States, and the amendments thereto; the declaration of the people of Virginia, adopted at Wheeling on the thirteenth day of June, eighteen hundred and sixtyone; the constitution of this state as amended, and a full and complete index. contain. 2. The said volume shall be prepared for publication by James H. By whom preFerguson, of the county of Cabell, or on his failure to act, by such pared for publiother person as the governor may appoint. He shall prefix to each cation. 18 ters. Correction of errors. Publication of the Code of West Va.-Fifth Circuit. [Сí. 29. Syllabus of chap- chapter a table stating briefly the contents thereof; correct all clerical errors, and errors of reference therein, and make such side notes and references as to him may seem fit, and prepare the index; for which services a reasonable compensation shall be allowed him by the governor, and paid out of the treasury of the state. Side notes and] index. Copy right. Number to be printed. 3. The secretary of the state shall secure the copyright of the said volume for the benefit of the state. 4. Of the first edition of the said volumes, there shall be printed, bound and lettered, as aforesaid, three thousand five hundred copies as soon as possible after the passage of this act. The price to be paid Price therefor. by the state for the said copies shall be fixed by the governor, and paid out of the state treasury upon the delivery thereof. By whom printed. Duty of clerk of house of dele gates. His compensation, Distribution of copies. 5. The public printer shall furnish the said copies, if he is satisfied with the compensation therefor fixed by the governor, and in case he shall decline to furnish the same, the governor shall contract therefor with such person as he may see fit. 6. The clerk of the house of delegates shall superintend the printing and publication of the said volume, and shall read the proofsheets thereof; for which service he shall receive a reasonable compensation, to be fixed by the governor and paid out of the state treasury. 7. When the said copies are received, the portion thereof necessary for the purpose, shall be distributed as acts of the legislature are to be distributed by the thirteenth chapter of the said code, except that in the distribution thereof, the members of the present legislature and the legislature of eighteen hundred and sixty-eight, and the clerk, assistant clerks, sergeant-at-arms of each house, shall each receive one copy, and no more; and what may not be required for such distribution, shall be sold by the secretary of the state at such price per Sale of copies not distributed, copy as he may prescribe, not below the actual cost, and the proceeds of such sale be paid into the treasury. Printing and 8. The said Ferguson, or on his failure to act, the person appoint ed distribution of by the governor, as aforesaid, shall cause such chapters as he may deem necessary of said code to be printed in sheets and distributed to the several counties of the state for the use of the officers therein. certain chapters in sheets. Courts in Fifth CHAPTER 29.-An ACT arranging the terms of the Circuit Passed February 19, 1869. Be it enacted by the Legislature of West Virginia : The commencement of the terms of the circuit courts in the several counties of the fifth circuit, instead of being as heretofore prescribed, shall be as follows: |