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visors of the county, in conformity with the above recited acts, at any time within six months after the passage of this

act.

CHAPTER 95.-An ACT to legalize a certain power of attorney and deed.

Passed March 3, 1870.

Be it enacted by the Legislature of West Virginia:

ney and deed

Adams, acknowl

tary in republic

ized.

That a power of attorney from Samuel Moore to P. M. Power of attorAdams, dated thirteenth of May, eighteen hundred and forty- from Moore to one, and deed from said Moore to said Adams, dated the edged before no fourteenth day of December, eighteen hundred and forty-four, of Texas, legalwhich was executed in the Republic of Texas, and acknowledged before and certified by a notary public of said republic under his official seal, and the same admitted to record in the clerk's office of Harrison county, West Virginia, are hereby legalized, and shall be of the same force and effect as if they had been acknowledged before and certified to by the American minister, charge d'affaires of the United States, in said republic, under his official seal at that time.

CHAPTER 96.-An ACT authorizing the trustees of the Methodist Protestant Church of the Harrison Circuit, West Virginia District, to sell and convey a church parsonage lot on Duck creek, in Grant township, in said county.

Passed March 3, 1870.

Be it enacted by the Legislature of West Virginia :

and

sonage lot.

The trustees of the Methodist Protestant Church of the Authority to sell Harrison circuit, West Virginia District, in the county of so convey par. Harrison, are hereby authorized to sell a church parsonage lot, situate on Duck creek, in Grant township, in said county, and convey the same.

Supervisors of
Marshall and

Moundsville au

scribe to iron

CHAPTER 97.-An ACT authorizing certain subscriptions to the capital stock of an Iron Manufacturing Company in the county of Marshall.

Passed March 3, 1870.

Be it enacted by the Legislature of West Virginia :

The board of supervisors of the county of Marshall be and council of are hereby authorized to subscribe, for and on behalf of said thorized to sub-county of Marshall, a sum not exceeding twenty thousand manufacturing dollars, and the common council of the town of Moundsville, for and on behalf of said town, are authorized to subscribe a sum not exceeding ten thousand dollars, to the capital stock of a company, now organizing in the county of Marshall, for the purpose of manufacturing iron and nails.

company.

Thirty days allowed for record

CHAPTER 98.-An ACT to allow "The Marion County Agricultural, Mechanical and Mineral Association" further time in which to have the certificate of incorporation of said association recorded.

Passed March 3, 1870.

Be it enacted by the Legislature of West Virginia:

That the joint stock company, known as "The Marion ing certificate. County Agricultural, Mechanical and Mineral Association," be allowed to record the certificate of incorporation issued by the secretary of the state to said association, on the eleventh day of November, eighteen hundred and sixty-nine, within thirty days from the passage of this act.

Exemption from penalty.

2. That said association is hereby exempted from the penalty prescribed by section twenty of chapter fifty-four of the code of West Virginia.

Corporators.

CHAPTER 99.-An ACT incorporating the Point Pleasant Literary Society.

Passed March 3, 1870,

Be it enacted by the Legislature of West Virginia :

1. That Rev. B. B. Blair, L. F. Campbell, D. P. Guthrie, S. H. Patrick, D. W. Polsley, William J. Kenny, George

Martin, John M. Phelps, Dr. C. T. B. Moore, H. R. Howard, George W. Tippett, F. A. Guthrie, Morris Seidler, John Reynolds, F. W. Sisson, William Wiley, Oliver Phelps, Julius Menager, and their associates, who are now, and such others as may hereafter become members of said society, shall be and are hereby constituted and declared a body corporate, Incorporation. politic, by the name of "The Point Pleasant Literary Society," and by that name they and their successors shall Powers of the have perpetual succession, and a common seal; shall be capable in law of suing and being sued in all the courts of law and equity in all matters whatsoever; and may purchase, hold and enjoy real and personal property, not to exceed at Its property. any one time the amount of five thousand dollars.

society.

and convey prop

2. They and their successors, by the said name, shall have Power to hold power and authority to give, grant, bargain, sell, lease or re- erty. lease, and convey to others, the whole or any part of any real or personal estate of which they may become possessed; and the said society shall ordain such constitution, by-laws, rules By-laws. and regulations, from time to time, as they shall judge proper for the government of said society; provided the same shall not be repugnant to the laws of the United States or of this state.

fer degrees.

3. The said society, when fully organized under this char- Authority to conter, shall have full power and authority to confer upon worthy persons such honorary degrees of a scientific and literary character as said society may determine.

4. The legislature may at any time alter or repeal this act. Act may be

amended.

CHAPTER 100.-An ACT to authorize the trustees of the Methodist Church of Fairmont to sell their parsonage and lot.

Passed March 3, 1870.

Be it enacted by the Legislature of West Virginia :

The trustees of the Methodist Church of Fairmont are here- Authority to sell by authorized to sell and convey their parsonage and lot in fot.

parsonage and

said town.

Next charter election,

Election biennial.

of members of council.

CHAPTER 101.-An ACT to amend the charter of the city of
Wheeling.

Passed March 3, 1870.

Be it enacted by the Legislature of West Virginia:

1. That the next charter election of Wheeling shall be held on the fourth Thursday of January, eighteen hundred and seventy-one. That thereafter the charter elections for members of council and city officers shall be held biennially Terms of office instead of annually; that members of the first branch of the council shall be elected for the term of four years, and members of the second branch for the term of two years; provided, that at the next charter election two members of the first branch of the city council shall be voted for in each ward, and the candidate receiving the highest number of votes shall be elected for four years, and the candidate receiving the next highest number of votes shall be elected for two years. And when the members thus elected are sworn into office, the term of office of all members heretofore elected shall expire.

Term of office of city officers.

Sergeant ineligi

after two terms.

2. That the mayor, city clerk, city sergeant, superintendent of water works, street commissioner, and wharf master, so elected by the qualified voters, for the term of two years, and that all other officers deemed necessary by the city council shall be elected by the council for the term of two years. That the city sergeant, (and deputies who have served under ble for re-election him during the preceding year,) shall be ineligible for re-election after two successive terms, until one term shall have inPowers of ser- tervened; and that the powers of the city sergeant and his deputies, under the ordinances of the city, shall extend to and embrace the Peninsula cemetery, and the approaches thereto; and that the city shall be empowered to enforce its lien upon real estate returned delinquent for the non-payment of city taxes and assessments thereon, by a sale thereof; and that the office of city treasurer as now provided for by the charter, urer abolished. be abolished; the foregoing amendments to take effect on the fourth Monday of January, eighteen hundred and seventy-one.

geant.

Lien on real estate for taxes.

Office of trea s

When amend

ments to take

effect.

Inconsistent acts repealed.

3. That the powers granted in section thirty-one of the charter of eighteen hundred and thirty-six be incorporated in the present charter.

4. And be it further enacted, That all acts under the present charter of the city of Wheeling, inconsistent with this, shall be repealed from and after the time the foregoing amendments take effect.

CH. 102.] Investments by Fiduciaries in C. & O. R. R. Bonds. CHAPTER 102.-An ACT in relation to investments by savings banks, trustees, executors, administrators, and guardians.

Passed March 3, 1870.

Be it enacted by the Legislature of West Virginia :

107

and fiduciaries

vest in bonds of

where it would

be lawful to in

vest in U. S.

That it shall be lawful for any and all savings banks in this Savings banks state to invest the funds of said bank, and for any and all authorized to intrustees, executors, administrators, and guardians to invest c. & O. R. R. Co., the funds under their control as such trustees, executors, administrators, or guardians, in the six per cent gold bearing bonds. first mortgage bonds of the Chesapeake and Ohio Railroad Company, in all cases where it would be lawful for said banks, trustees, executors, administrators, or guardians to invest said funds in bonds representing the funded debt of the United States; and for investments so made, said trustees, executors, administrators, or guardians shall be subject to no Liability for such greater responsibility or liability than if said investments had investment. been made in said bonds of the United States. always, that this act shall not be deemed to authorize any contrary to intrustee, executor, administrator, or guardian to invest any erning fiduciary. funds which he may hold in any fiduciary capacity in said mortgage bonds, where the instrument under which he acts, or by which he is appointed such trustee, executor, administrator or guardian, shall expressly direct in what securities, (other than said bonds,) said funds shall be invested.

Provided, No such invest

ment to be made

strument gov

CHAPTER 103.-An ACT to provide for opening and keeping in repair the roads in the county of Hancock.

Passed March 3, 1870.

Be it enacted by the Legislature of West Virginia :

Hancock may

question of such

1. The voters of any township of the county of Hancock, Any township in assembled in stated or special meeting, may determine to adopt this act. adopt the provisions of this act to govern such township in keeping in repair the roads therein; provided, however, that Notice of intennotice of the intention to submit the question of the adoption tion to submit of the provisions of this act to a stated or special meeting as adoption. aforesaid, shall be signed by at least five voters of such township, and posted, at least ten days prior to such stated or special meeting, at three or more public places in the township; and provided further, that the determination to adopt

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