ACTS OF THE LEGISLATURE OF WEST VIRGINIA; AT ITS SESSION OO:Nil\1ENOING January i9, i869. �V lt.et ti u g : · JOHN FREW, PUBLIC PRINTER. 1869. ACTS CHAPTER 1.-An ACT authorizing James W. Davis, of the county of Greenbrier, to practice law in the courts of this state without taking the oath prescribed by chapter 30 of the Acts of 1866. PuaedJ anuarJ 2', 1869. Be it enacted by the Legislature of Weat Virginia: 1. That Jamee W. Davis, of the county of Greenbrier, late a prac- Authoritr to ticing attorney in this slate, be, and he is hereby exempted from the fa'kf���;;,i���tat provisions of the act of the legislature, passed on the fourteenth day oaib. of February, eighteen hundred and si::tty-six, entitled "An act in relation to the oaths of attorneys at law," and he is hereby anthorized to practice law in the courts of this state without taking the oath pre• scribed by said act. 2. The legislature reserves the right to repeal this act at any tim'!l Act ma, be N• when, in their discretion, they may deem it proper to do so. pealed. CHAPTER 2.-An ACT authorizing the trustees of the Evan­ gelical Lutheran Church, of Shepherdstown, Jefferson county, to borrow money. Puted Jannary :?.I, 1�9 • . De it enacted by tho Legislature of West Virginia: That the trustees of the Evangelical Lutheran Church of Shepherds- Authorlly to town, Jefferson county, West Virginia, be and are hereby authorized borrow mono, nod empowered to borrow money for the use of said church, and by executing their bonds as said truatees for the same for said purposes, to bind said church property (consisting of church building and parsonage, and lots thereto attached,) situated in Shepherdstown, Jefferson county, West Virginia, and make the same legally liable for and oecure tta the payment thereof, and, if necessary, are authorized and empow- ���•at by ered to convey said church property by deed of trust, so as to give a legal and valid lien thereon as security for the payment of money borrowed for benefit of said church, 4 Assessors-Nicholas County Officers-Jesse Carney. [Ca:. 5 CHAPTER 3.-An ACT in relation to the duties of assessors. Be it enacted by the Legislature of West Virginia: A•■rMm�nt to 1. The assessors throughout the state are hereby directed to com­ comnwnco oo April 1. mence the annual assessments for eighteen hundred and sixty-nine on the first dayof next Apri I, instead of the firstday of February, as now required by law, aud the auditor is hereby required to issue his instructions to them accordingly. In count101 2. In all counties authorized by chapter twenty-nine of the Code of �;�. �::·:;,��•. West Virginia to elect two assessors, and where but one is now elected, ��;.���i't�11�•- it shall be the duty of the asseisor now elected, to perform all the pcrf.,rm d��i.�� duties that would otherwise devolve 11pon said two assessors. J,tst or <leo•l• to 8. The recorder shall, as soon as practicable ·after the first of March be tnrniah,d by ,reorder on next, furms . h to eac h o f t h e assessors m· b.tB county, a 1·1st o f d ee d s and Ua.rch 1• conveyances of real estate, other than deeds of trust, for the months of January and February, eighteen hundred and sixty-nine, and said assessors shall make the transfers on their land books accordingly. CHAPTER 4 . .:__An ACT extending the time for the county officers of Nicholas county to qualify and execute official bonds. .Pa,aed Jouuary 28, 1869. Be it enacted by the Legislature of West Virginia: Tlmo o:rteoderl The time for the county officers of Nicholas county, elected Octa· r 10 Ap il 1• JSf9• her 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. P&Ued February 2, 1869. Be it enacted by the Legislature of West Virginia: Au'1itor to lane 1. The auditor is hereby directed to issue bis warrant upon the wnnnnt for 113.15 to J.,ae treasury for thirteen dollars and five cents, in favor of Jesse Carney C..n>•T• 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 Boar d o r 111per• vl•oraor Jnckaoo refund to said Carney the county taxes erroneously charged on said to ru ruod erro- 1 neouacouot1tax. two hundred acres of land for said year. CH. 9.] Judge of Oircuit Court,-HospitalforInsane. 6 CHAPTER 6.-An ACT providing for filling vacancies in the office of Judge of the Circuit Court. Passed �•ebrunry4, ISM. Be it enacted by the Legislature of West Virginia: When a vacancy exists iu the office of judge of any circuit court Vncnncy to bo • • fl I ltdby 110,er• the governor shall 611 such vacancy by appomtment for the unexpired nnr. term. CHAPTER 7.-An ACT nppropriating money to pay the expenses of the committee of investigation of the affairs of the Hospital for the Insane at "\Veston. P.used February 5, 1869. Be it eno.cted by the Legislature of West Virginia: 1. The sum of one hundred and thirty dollars and eighty cents is t1Jo.eoapproprl• hereby appropriated out of any money in the treasury not otherwise atcd. appropriated, to pay the witnesses and officers attending the com- mittee 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 pal<! out treasurer for said amount, and pay unto the parties entitled, their by auditor. respective fees. CnAPTER 8.-An ACT to legalize a contract between the bonrcls of education of the towuship of Engle in the county of Harrison nnd l\Innniugton in the couuty of l\Inrion. PMlcd February6, 1869. Be it enacted by the Legislature of West Virginia: The contract� heretoforo entered into between the boards of edu- Contrncu for cation of the towoebips of Eagle, in the county 'of Harrison and ��•i:'i':�1:i\z��· Mannington in the county of Marion, for educational purposes, are f hereby legnlized and made valid and efective. CHAPTEn 9.-An ACT to iurorporate the Rathbone Gns Company. PBsscd ti,"-.,brnnr7 S, 1.i&J. Be it enncted by the Legislnture of West Virginia: 1. That John W. Butters, Benjamin Flint, W. H. Harrison Wheaton, corporaton, Isaac Sanborn, Jr., and L. D. Whentton, their associates, successors and assigns he, and they are hereby constituted a body politic and corporate, by the name, style and title of the R11othboneGas Company; Incorporation. the said comp11ony shall have power to lay, construct and maintain 6 llatlibone Gas Company. u b p:f..' or ause to be laid, constructed and maintained a line or lines of pipe ti'n c� � �11;[. � . 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. Capl!Al ,tock. 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 compan:r capital stock of said company is subscribed and ten per cent of the monco l:'.:'JnC:'.1' same is paid in, said company shall have the authority to commeQce business. Ri�1,t to bold 1 1 S. The company" shall have the right to purchase or lease such real aucleatate. mpro,·o f\lll estate and erect or c11use to be erected such buildings and improve· ments thereon 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. &al of .corpora­ 4. The said company shall have and use a. common seal, and alter tion. or amend the same at pleasure, and also shall have power to ordain, B1-lnw1. establish and pot into execution such by-laws or ordinances and regulations as shall appear necessary or proper for its goverameut, not inconsistent with the constitution of this State or of the United States. Condemnntlon of land nccordlng 6. The said company shall have power to enter upon lands in the to Codo of Vir­ ginia, said township of Burning Springs and condemn and acquire a.suffi• cient righ(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. 1 6. Instead of proceeding to condemn and acquire rights of way for ����\�in:�1;h� or 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 On flllnordescrip- used for the purposes aforesaid, and shall make out a.