Subscription to stock by Wirt county. so in proportion to a greater or less number; 'for a riding carriage, whether two or four-wheeled, sledge or sleigh, if drawn by one horse, ten cents, and five cents for each additional horse. 4. The board of supervisors of the county of Wirt, in behalf of said county, may subscribe for not exceeding the one sixth of the capital stock of said company, and levy the amount thereof on the taxable property of said county at their first levy thereafter, or the one-half of such amount at the first, and the residue at the second annual levy, as by said board may be deemed most expedient. Trustees of vide burying grounds, CHAPTER 41.-An ACT relating to Cemeteries in the county of Brooke. Passed February 23, 1869. Be it enacted by the Legislature of West Virginia: 1. The board of trustees of any church property in the county of church may pro Brooke upon which is erected a house of worship, may provide by purchase or condemnation, suitable grounds for burying the dead in the vicinity of such church building, and for that purpose may select and have surveyed, a lot of land not exceeding six acres, or if necessary, in their opinion, to make an addition to existing burying grounds, six acres of land, or a less quantity, adjoining the same. Condemnation of land, tion. demnation. 2. When land has been designated by the board of trustees of any such church as a suitable location for such burying grounds, or enlargement of existing burying grounds, if the owner or owners refuse to sell the same, or demand a price therefor which is deemed by the board Notice of peti- unreasonable, or the owner is a feme covert, a minor or non compos mentis or non-resident, after ten days' notice served upon such owner, or owners, or the owner or owners thereof being non-residents, by publication for four weeks in some newspaper published in the county, or if there be no newspaper published in the county, by posting the same for four weeks at the front door of the court house Petition for con- and three other public places in the county, one of which shall be on the land intended to be used for such burying ground, the board may petition the circuit court of their county to have such lot of ground condemned for said use, and the court shall thereupon appoint a jury of viewers to consist of five free holders, persons not resident in the vicinity of said land or members of said church, or related to the owner of said land, who, being duly sworn or affirmed, faithfully and impartially to enquire of the value of the land, shall assess its value, and make due return of such assessment to said court, and the amount thereof being paid or tendered to the owner or owners of the On payment of land in question, or disposed of as the court may direct, the said board tees may enter may enter upon and use such land for burying purposes, and the decree of the court in this behalf shall be recorded by such board of corded to operate trustees in the recorder's office, and shall operate as a transfer to them of such land. Viewers; their qualifications, oath and return. judgment, trus on land. Decree when re as transfer. 3. Nothing in this act shall be so construed as to permit a board of trustees of church property located in a city or incorporated town, condemning land as provided in this act, within the corporate limits of such city or town, but such board may have the benefit of this act and condemn land one mile from such corporate limits. CHAPTER 42.-An ACT extending the time for the Board of Passed February 23, 1869. Be it enacted by the Legislature of West Virginia: to third Monday That the time for the board of supervisors of Wayne county to Time extended qualify and organize, is hereby extended to, and including, the third in March, 1869, Monday in March, eighteen hundred and sixty-nine. CHAPTER 43.-An ACT to change the time of holding the Lewis. Passed February 23, 1869. Be it enacted by the Legislature of West Virginia: November 10th. That chapter one hundred and twelve of the Code of West Virginia Lewis circuit be so amended, as that the time of holding the November term of the court to be held circuit court in the eighth judicial circuit, in the county of Lewis, be and the same is hereby changed from the first day of November of each year, to the tenth day of said November. CHAPTER 44.-An ACT to declare the National Savings Passed February 23, 1869. Be it enacted by the Legislature of West Virginia: Money to be paid into the treasury of the state, may be paid into the National Savings Bank of Wheeling to the credit of the "Treasury of West Virginia," under the regulations prescribed by the laws now in force upon that subject, and by chapter seventeen of the Code of West Virginia. Money due State may be paid into National Saings Bank of Wheeling. Sale and conveyance authorized. CHAPTER 45.-An ACT authorizing the trustees of the Methodist Episcopal Church, in Point Pleasant, in Mason county, to sell and convey a portion of their church property. Passed February 23, 1869. Be it enacted by the Legislature of West Virginia: The trustees of the Methodist Episcopal Church, in the town of Point Pleasant, in Mason county, are hereby authorized to sell and convey a portion of their lot on Vian street in said town. Location of right ed. CHAPTER 46.-An ACT extending the corporate powers and franchises of the Mill Creek Cannel Coal and Oil Company. Passed February 23, 1869. Be it enacted by the Legislature of West Virginia: 1. The Mill Creek Cannel Coal and Oil Company, a corporation of way authoriz- duly established and organized under the laws of this state, in the county of Kanawha, may locate, construct, maintain and operate a subterranean or surface right of way, not exceeding one hundred feet in width, by railroad or otherwise, for the purpose of conveying coal and other articles, commencing at some convenient point on said corporation's lands in said county, and thence running to such convenient point or points as it may select on Elk river or on the Kanawha river, or on any railroad, through and over any railroad, turnpike, canal, road or land belonging to any other person. Condemnation of land. Description of lands to be filed 2. Said corporation may, as hereinafter provided, take and hold for its own use in fee simple such lands as it may from time to time select, at such points as it may select along said route for branches, depots, warehouses, turnouts and places of deposit and shipment, and also such lands as it may from time to time select, not exceeding in all two acres, on each side of Elk river, for landings and places of shipment and storage. 3. Said corporation may, from time to time, enter upon and set off with a statement by metes and bounds the parcels of land so selected under said second of price proposed to be paid. section, and file a written description thereof, and also of said right of way, in the clerk's office of the circuit court of the county in which said parcels and right of way respectively are situated, and a written statement of the estate they propose to have, and the price they propose to pay therefor, and shall also, whenever said court shall so order, file a bond, with sureties, conditioned that said corporation shall, upon receipt from the owner thereof of a good title to said parcels of land, pay said price, or within sixty days after recovery of judgment, as hereinafter provided, pay the amount of said judgment; or in lieu of such bond, said corporation may pay into said court, if said corporation so elect, said price in lawful money, or may furnish such other security for the payment of said price, or said judgment, On filing bond or paying money into court, appropriate land. as is satisfactory to said court. Said corporation may then appro- Corporation may propriate said parcels and said right of way to its own use, and shall be thenceforth the owners thereof, and have such rights therein as they have set forth in their statement, but nothing in this act shall be construed to prevent said corporation acquiring said parcels by purchase or otherwise from the owners thereof, with their consent. And any party owning or interested in said parcels, may file with the said Land owner may court a statement setting forth his interest in said parcels and the price he demands therefor, and the said court shall thereupon appoint, on the application of either party, three disinterested viewers, who shall Viewers. be sworn by said court or the clerk thereof, faithfully and impartially to appraise said land or interest and fix the price to be paid by said corporation therefor. Said viewers shall thereupon, and without de file his claim. lay, post on the court house door, not less than ten days before meeting Notice of their meeting. to make said appraisal, a notice of the time and place appointed, and shall give such other notice, if any be ordered, as said court shall direct. At the time and place appointed, they shall, together with Their meeting the sheriff of said county, meet and go upon and view and appraise said land and said interest, and fix said price, and may, for cause, adjourn their meeting from time to time if necessary. They shall make at the earliest convenient day a report in writing under their and report. hands, and return the same into said court, and the sheriff shall certify thereon whether or not said proceedings have been, in his opinion, fair and according to this act. Within ten days after said report is filed as aforesaid, either party may file written application DAMNUM. port. for a writ of ad quod damnum, and the court may direct proceedings Writ of AD QUOD thereon, under and according to the provisions of chapter eighty-six of the Acts of eighteen hundred and sixty-five. But if said application be not so filed within said ten days after the return of said report, said parties shall be deemed to have waived all right to said writ and jury, and said court may, on the application of either party, direct judgment to be entered upon said report without delay, if no excep- Judgment on retion thereto be previously filed by either party, but if exceptions be filed, or in any manner it appear that said proceedings were, in the opinion of said court, irregular or unfair, the court shall take such other aud final action thereupon as the law and justice may require, and when said price is paid into court or judgment satisfied, the clerk shall make entry of said fact on the records of said court, and said corporation shall thenceforth hold their estate in said land by a good, indefeasible title against all prior liens or interests. If said report, or in case a jury shall be impanneled, if said jury shall set on said land or interest a higher price than the price offered to be paid by said corporation, the said corporation shall pay all costs of said pro- Payment of ceedings, but otherwise the costs shall be deducted by the clerk from said money paid into court, and the residue of said money shall be paid to the other party, if claimed within one year from said payment into court, and if not so claimed, said balance shall be paid into the county treasury, and the right of said party to said sum and payment for said land shall be deemed to be thenceforth waived and barred. After payment of judgment corporation to have good title. costs. Money, if not claimed by land owner to be paid into county treasury. Sidings and branches. take land and money by devise or gift. 4. The said corporation may, in like manner and by like proceedings, make such sidings, branches and extensions of said road, not exceeding fifteen miles in length in any direction, as it may deem necessary to the development of their property. The said corCorporation may poration may take, by purchase, devise or gift, land or money for the purpose of building or equipping said road, its sidings, branches and extensions aforesaid. The said corporation and those to whom it may by any transfer or assignment convey, or have conveyed, its said property or franchise, shall commence the construction of said road commenced and to Eik river or other terminus thereof, as aforesaid, within two years after the passage of this act, and shall finish it within five years thereafter, otherwise this act shall be void. But said limitation, if said road to Elk river, or other terminus thereof as aforesaid, is finished within said five years, shall not apply to the other provisions of, and privileges granted by this act. Within what time road to be completed. Acts inconsistent herewith not to 5. So much and such parts of the Codes of Virginia and West Vir apply to corpora- ginia, or any other act or acts inconsistent with any of the provisions of this act, shall be held not to apply to the aforesaid corporation, so far as the same may affect the charter granted by this act. tion. Act may be amended but not So as to affect rights of creditors or stockholders. 6. The legislature reserves the right to alter, amend or repeal this act, but such alteration or amendment shall not affect or impair the right of the creditors of the corporation to have the property and assets thereof expended or used under this act, applied in discharge of their respective claims, or of the stockholders to have the surplus, which may remain after providing for the debts and liabilities of the corporation, distributed among themselves according to their respective interests. Trustees appointed. CHAPTER 47.—An ACT appointing trustees, and authorizing them to sell and convey Bethel Church, in Lewis county. Passed February 23, 1869. Be it enacted by the Legislature of West Virginia : That Charles F. McCue, Gilbert T. Gould and William L. Dunnington are hereby appointed trustees for Bethel Church, in Lewis county, Sale authorized. and are hereby authorized to sell and convey by deed the lot and edifice owned and occupied by the congregation of said church; and to apply the proceeds arising from the sale of said property in erecting another church edifice, either at Weston or near the mouth of Spruce creek, in Lewis county, as they may elect. Application of proceeds. |