directors. said company may also be held at any place or places, and times, Meetings of which the president of said company may from time to time appoint. And at all meetings of said president and directors, a majority thereof shall constitute a quorum for the transaction of business. Quorum. 6. The said company may, and shall have full power and authority Branch roads. to locate, construct and equip and maintain any branch of said roads, not exceeding sixty miles in length, from any point on their main road or the branch thereof from Moorefield to Broadway, to any coal or timber lands, saw mills, iron works or other manufacturing estab lishments. cupy lands in locating road. But property not to be injured nor invaded. dwelling house Condemnation 7. For the purpose of laying out and locating their said rail road Authority to ocand the branch thereof from Moorefield to Broadway and the other branches mentioned in section six of this act, the president and directors of said company, with their engineers and agents, shall have full power and authority to enter upon and pass through and over any lands on the contemplated route, and to occupy the same so long as may be necessary for locating said road and branch or branches, but the said railroad company in locating their said rail. road and branches, depots and stations, shall not leave open any fences, or enclosures on any lands, or injure the property of the owner or occupier without his or her consent, or invade the dwelling house of any person, or any space within sixty feet thereof, without his or her consent. And when the line of said road or any of said branches is located, if the owners of said lands or their legally consti- of lands. tuted agents and the officers and agents of the said company cannot agree upon the value of such lands as said company may deem necesOn filing desary to use and occupy for their railroads, depots, warehouses and scription of lands stations, the said company may have and hold the said lands for their use in the manner following, to wit: the said company shall make out a particular description of said lands in writing and file it in the office of the clerk of the circuit court of the county in which such lands are located, stating therein the sum they propose to pay there. for, and also file therewith a bond with securities to the satisfaction and bond, of the judge of said court, conditioned to pay all that may be recovered against them, as hereinafter provided, and thereupon they may enter upon and take possession of said lands, and proceed at company may once to operate and use the same for the purposes designated in the said description, but in no case shall the amount of land for the track of said road exceed seventy feet in width, except in case of cuts and fills, when the width may be one hundred and seventy-five feet; and the party owning said land, or his or her agent, may file with the clerk of said court his or her claim therefor, in which shall be stated may file claim. the sum he or she may demand for said land, and the said court shall thereupon appoint five disinterested persons for the purpose of ascer. Viewers; taining a just compensation therefor, any three of whom may act, but in no case shall said court appoint for such purpose any person their appointthrough whose lands said road is to pass; and the sheriff, after said appointment is made, shall summon the said owners to meet on said qualifications; enter on land. Land owners ment; meeting; oath and report. Judgment on report. Costs. Company not to have banking privileges. Office of company. Act may be amended. land at such time as he may appoint, within sixty days after such appointment is made by the court, having first given at least ten days' notice to the parties interested; and the said sheriff shall administer an oath to the said viewers, which he is hereby empowered to do, that they and each of them will fairly, honestly and impartially assess, fix and determine the amount said railroad company shall pay for the use of said land, and recurn their report in writing, under their hands and seals, setting forth the amount, if any, to be paid by said railroad company, which report shall be certified by the said sheriff to the said court, and on the first day of the next term of said court the judge thereof shall direct judgment to be entered upon said report, if no exceptions be taken and filed thereto by either party, but if exceptions be taken and filed, the court shall decide according to the evidence before it; and after judgment is entered upon said report, the said company shall hold said land by a good indefeasible title, subject only to the payment of the said judg. ment. The judge of said court shall also have power to determine which party shall pay the costs, if more damages are given by him than by said viewers, but in case he gives the same damages that said viewers did, then the party filing the exceptions shall pay the costs, and in case he gives less damages than said viewers, then the owner or owners of said lands shall pay the costs. 8. Nothing herein contained shall be construed to give to said company banking privileges. 9. The office or principal place of business of said company shall be at Moorefield, in the county of Hardy. 10. The legislature reserves the right to amend or repeal this act. Auditor, adju CHAPTER 106.—An ACT creating a board for the examination of certain military claims. Passed March 3, 1869. Be it enacted by the Legislature of West Virginia : 1. The auditor, adjutant general and treasurer of the state are tant general and hereby constituted a board of claims, to examine, adjust and audit such claims as in the opinion of said board are justly chargeable to this state, and not otherwlse provided for, growing out of military services of the following character: treasurer to constitute board to examine claims for services by state troops; subsistence furnished state troops; transportation I. Claims for services rendered by state troops since the nineteenth day of June, eighteen hundred and sixty-one. II. Claims for subsistence and supplies furnished the state troops when called into service. III. Claims for necessary transportation of state troops and for of state troops; transportation of arms, supplies, &c., for their use. IV. Claims for services rendered by officers organizing state troops services in organizing state under orders of the governor, and for necessary expenses incurred in troops; publishing orders and notices, and for printing done upon the orders of such officers. unteer recruits. V. Claims for subsisting and equipping volunteer recruits, under subsisting volthe order, or by the authority of the governor. witnesses. 2. The said board shall have the power to require the attendance Attendance of of witnesses, and to examine them under oath, which oath may be administered by any member of the board; to require the production of any books and papers deemed necessary to properly adjust any claim and to decide upon all claims; fixing the amount from the evidence they may have before them, as shall seem just and equitable. Other evidence. board; notice 3. Said board shall hold monthly meetings at the capitol building, Meeting of of which due notice shall be given by publication in at least two thereof. newspapers, published in this state, and shall make to the governor a Report of board. report of their action at each meeting, certifying in duplicate to him all claims audited by them. 4. Duplicates of claims thus certified to the governor shall be filed in the office of the secretary of the state, with a view to having the amounts paid out refunded by the general government. Duplicates of claims to be filed in secretary's 5. Said board is hereby authorized to employ a competent clerk, Clerk of board; whose duty it shall be to keep a full and correct record of all claims presented, make true abstracts thereof for the use of the board, exe- his duty and compensation. cute all orders of the board, and receive as compensation such sum as the board may fix; which compensation, together with the neces sary expenses of the board, shall be paid in the same manner that other claims are paid. governor. 6. The governor shall transmit to the next legislature the report of Report of the said board, in order that provision may be made for the payment of said claims. 7. This act shall expire two years from its passage. How long act to be in force. CHAPTER 107.-An ACT exempting William E. Lively from the provisions of chapter 30, of the acts of 1866. Passed March 3, 1869. Be it enacted by the Legislature of West Virginia: practice law 1. William E. Lively is hereby exempted from the provisions of Authority to chapter thirty of the acts of eighteen hundred and sixty-six, relating to the oaths of attorneys-at-law. 2. The legislature reserves the right to alter or repeal this act. without taking test oath. Act may be repealed, 72 Sale of academy authorized. To be sold by commissioner. How proceeds of sale disposed of. Further duties of commissioner. Notice of sale. Terms of sale. Commissions. Conveyance. Sale of Preston Academy-Morgantown School District. [CH. 110. CHAPTER 108.-An ACT authorizing the trustees of Preston Passed March 3, 1869, Be it enacted by the Legislature of West Virginia: 1. The board of trustees of Preston Academy (a majority of said board consenting thereto) are hereby authorized to sell (through a commissioner appointed for the purpose) the property situate in Kingwood, known as the Preston Academy, with the lot of ground attached thereto, and cause the proceeds of such sale to be paid to the township treasurers of Preston county on account of the building fund of the townships, in proportion to the taxable property of said townships. 2. If the said board of trustees shall order such sale, the commissioner appointed by them to make it, shall also sell any other real estate belonging to said board, and collect any debts due for real estate heretofore (sold, and pay the proceeds thereof to the township treasurers as provided in section one. 3. Said commissioner shall sell said property at the front door of the court house in Kingwood, on some court day, after advertising the time, terms and place, for four weeks in the Preston County Journal, on a credit of six and twelve months, taking from purchaser bonds bearing interest, with good security; and shall be allowed the same commissions as allowed by law to special commissioners. Said commissioner is also authorized to convey the property so sold to the purchaser. East line changed. CHAPTER 109.-An ACT changing the boundary lines of the Passed March 3, 1869. Be it enacted by the Legislature of West Virginia : The east line of the boundary of the Morgantown school district is hereby so changed as to include the dwelling house and lands of D. R. P. Hill, within said district. Auditor to issue warrant for $23 39.j CHAPTER 110.-An ACT to refund certain taxes. Passed March 3, 1869. Be it enacted by the Legislature of West Virginia : 1. The auditor is hereby directed to issue his warrant upon the treasury for twenty-three dollars and thirty-nine cents, in favor of the New York and Hughes River Oil Company, for excessive taxes paid in the year eighteen hundred and sixty-six, on one thousand six hundred and seventy acres of land. 2. The board of supervisiors of Wirt county is authorized to refund to said New York and Hughes River Oil Company the county taxes erroneously assessed on said one thousand six hundred and seventy acres of land for said year. CHAPTER 111.-An ACT relating to the summoning of juries in the county of Mineral. Passed March 3, 1869. Be it enacted by the Legislature of West Virginia: FACIAS may issue 15 days before It shall be lawful for the clerk of the circuit court of Mineral Writ of VENIRE county, to issue a writ of venire facias for thirty-six jurors, fifteen days before the term of the said court commencing on the twentieth day of March, eighteen hundred and sixty-nine; provided, that this act shall not apply to any other term of said court. 1869. CHAPTER 112.-An ACT to provide for the division of Mercer county into two assessor's districts. Passed March 3, 1869. Be it enacted by the Legislature of West Virginia: districts. 1. The county of Mercer is hereby divided into two assessor's dis- Boundaries of tricts. The townships of East River and Plymouth shall form the first district, and the townships of Beaver Pond, Jumping Branch and Rock shall form the second district; but until assessors for each of said districts are elected and qualified, as hereinafter provided, the county shall be assessed, and returns thereof made, as though this act had not been passed. Until two assessors elected, assessment to be made as hereto fore. Election of as 2. The board of supervisors shall, at the election to be held on the fourth Thursday of October, eighteen hundred and seventy, cause a sessors. vote to be taken for two assessors, one for each of the districts named in the preceding section, whose term shall commence on the first day When term of of January, eighteen hundred and seventy-one, and who having quali fied according to law, shall enter upon the discharge of their duties. office to begin. book. 3. The said assessors shall each copy from the land book of the Copies of land said county so much thereof as relates to the townships in their respective districts, and the copy so made shall constitute the original land book for their respective districts. |