UC-NI E2 351 *."* K CO c 3 :- o o I GIFT OF JANE KoSATHBR 1 n w ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF VIRGINIA. PASSED AT THE SZESSIOItT, Commenced December 4, 1862, in the Blth year of the Commonwealth. A WHEELING: JOHN F. M DEBMOT, PUBLIC PEJNTER. 1863. rnr 67252 ACTS OF THE GENERAL ASSEMBLY, PASSED AT THE EXTRA SESSION COMMENCED DEC. 4, 1862. CHAP. 1. An ACT for the relief of John Slack, Jr., Sheriff elect of Kanawha County. Passed December 13, 1862 1. Be it enacted by the General Assembly, That John Slack, jr., Sheriff elect of Kanawha county, be allowed until the twentieth Kanawha eotmty day of February, one thousand eight hundred and sixty-three, to loth d i ot F b - J J * ruary, 1863 to give bond and qualify as Sheriff of said county. fire bond and D * qualify as Sheriff 2. This act shall be in force from its passage. of said county. Commencement. CHAP. 2. An ACT to amend the 5th section of an Act entitled an Act to incorporate the City of Wheeling, in Ohio County. Passed December 19, 1862. 1. Be it enacted by the General Assembly, That section 5th an Act entitled "an Act to incorporate the city of Wheeling, i Ohio county, passed March llth, 1836," be amended and re-enacted M a ? C h ty ii P so as to read as follows, viz: At all elections which shall be held by amended and - * enacted. voters of the said city, for the corporate authorities thereof, the fol lowing persons shall be entitled to vote, viz: First, every white male Wli0 entitled to . . & r J rote at city elec- citizen of the State of the age of twenty-one years or upwards, who tins ** the cor- i 1 1- x-L 1 A - -L 11 1 P rat * uth "- tor at least one year preceding the election, shall have been a ties, house-keeper or the head of a family in said city; second, every person qualified to vote for members of the general assembly of the state, who shall have been a resident of said city for at least one year preceding the election ; and third, every white male citizen of the state of the age of twenty-one years or upwards, who at the time of the election shall be the bona fide owner of any freehold estate within said city of the value of five hundred dollars: provided p roT iflo. always, that no person although in other respects qualified, shall be entitled to vote at any such election, if he shall fail to pay the cap itation tax, lawfully assessed or levied upon him for the benefit of said city during the year preceding the election. 2. This act shall be in force from and after its passage. Oommencaat. 4 ACTS OF THE GENERAL ASSEMBLY. CHAP. 3. Aii ACT extending the boundary line of the Corporation of the Town of Buckhannon. Passed December 19, 1862. The boundary of 1. Be it enacted by the General Assembly, That the boundary the town of Back J J J hnnon in th O f the corporation of the town of Buckhannon in the county of extended. Upshur, be so extended as to include E. J. Colerider within the boundary as follows: beginning on the line of said E. J. Colerider and John L. Smith s land, known in the act passed March 12, 1852, incorporating the said town of Buckhannon, as a tributary of Jaw bone run, thence with the said line straight across said Colerider e field to H. F. Westfall s line, thence with said line to the Buckhan non and French creek road, thence with said road to the foot of Trimble s hill to the old corporation line. Commencement. 2. This act shall be in force from its passage. CHAP. 4. An ACT to incorporate the Franklin Insurance Company of Wheeling. Passed December 19th, 1862. 1. Be it enacted by the General Assembly of Virginia, That incorpo- J nn K- Miller, George Mendel, George K. Wheat, John Zoeckler, r * ttd - Nathaniel C. Arthur, George W. Franzheim, Chester D. Knox, Samuel Harper and James N. Vance, together with such other per sons as may hereafter be associated with them, and their successors, the holders of the capital stock hereinafter authorized to be raised, shall be, and they are hereby constituted and made a body politic Name and *yie corporate, under the name and and style of the "Franklin Insurance of company. With what right Company," and by that name and style are invested with all the HfgBinTeBted. rights, powers and privileges conferred, and made subject to all the What rules, reg- , ,. , , . ,. . , , ,, ^ n - -rr- nations and re- rules, regulations and restrictions, imposed by the Code of Virginia, trlctlons b- v 7?-, :. , - J .,, ,i & jectedto. applicable to such corporations, and not inconsistent with the pro visions of this act. Capital tock. 2. The capital stock of said company shall not be less than fifty thousand dollars, nor more than five hundred thousand dollars, to Vaine f hare. k e Divided into shares of the par value of one hundred dollars each. 3. The said company shall have authority and power to make ranee. 6 ** iMU " insurance against all marine risks, and against any damage or loss by fire, or by any other liability, casualty, or hazard, upon any and Bndowmenu. every kind of property, real, personal or mixed, to make insurance ReYertionary on lives; to grant annuties ; to receive endowments; to contract for May "uarant** reyersionary payments; to guarantee the payment of promissory ACTS OF THE GENERAL ASSEMBLY. 5 notes, bills of exchange and other evidences of debt ; to lend money on bottomry and respondentia, to cause themselves to be insured May be lBIured against all risks they may have in any property or lives in their own right, or in virtue of any bonds, or advances, or of any policy or contract of insurance. 4. The said company shall have power and authority to inves its capital stock, or other funds of the company, in bank or other stocks, in the purchase of bonds issued by this state, the United stirtoriy States, or of any one of the United States, or the bonds of any incor- incorporated J * company. porated company, to lend money upon personal or real security; to May lean money. discount notes and bills of exchange, and receive the interest in ad-My discount notes, or bills of vance, or at the rate of one-half per centum for thirty days ; to pay exchange. interest upon money deposited with them and give certificates there for. 5. The secretary of the said company shall be a competent wit- ness, in all suits for or against said company, in all the courts of this commonwealth: provided, he shall not own exceeding twenty- five shares of the capital stock of said company. 6. The said capital stock shall be payable by each subscriber, r * J J stock u payable. such time or times as it may be called for by the president and directors of the company, and in such proportions as they may deem necessary ; due notice of every such call being given by advertise ment published in some newspaper printed in the city of Wheeling ; each subscriber, when required so to do by the said president and directors, shall give bond with good and approved personal security to giye bond. in a penalty equal to the par value of the stocks held by such sub scriber, payable to said company and conditioned for the prompt Condi tloa of payment to said company on every such call thereafter made, until the par value of the stock held by such subscriber shall have been fully paid to said company; and if any subscriber shall fail to pay f,, any call so made by the president and directors upon such share shares owned or held by him, within twenty days after said call r ctora , with j a J J J twent> days after shall have been made under this section, then shall the amount of saideaii,theth amount of said said call, with interest from the time the same was payable and five e*n with interest . . n d five per cent per centum damages thereon, be recovered by motion in the name damages may - . , , i ,1 i , .be reeorered of said company, upon not less then ten days notice, in any court oiagrinst him by record in the county or place of residence of the subscriber. Judg- Upon like notie* i i judgment may ment may in like manner be rendered in iavor 01 said company be rendered in against the obligor, or any, or either of them, of every bond taken company against under this section upon the like notice of such motion. The said any or either of president and directors shall from time to lime carefully examine bind* the said bonds, and may at any time require any shareholder to Th e give a new bond with other and approved security in the same pen- 6 ACTS OF THE GENERAL ASSEMBLY. May require new a ]ty and with the same condition as such original bond. Every to su ^ scr ^er or shareholder who shall fail to give the bond in this sec- 011 men ^ one( l, or a new bond in lieu of one originally given, with- iT n Q * wf t n h "J * n * went y days a ^ ter t^e same s k a ll h ave ^ een required by the twenty days af- president and directors, the whole balance which mav be unpaid ter the s a m r . . . hall be required upon his stock by every such subscriber or shareholder, with interest the whole bal- A J J , , . iTTl ance unpaid on thereon, may be recovered by motion as aforesaid; or such shares the stock of such ,. -, , . , -, . -, shareholder with may, after twenty days notice in some newspaper published in the may r *be recoTe? city of Wheeling, of the time and place of sale, be sold at public td by motion as . , aforesaid.oriuch auction lor ready money and transferred to the purchaser. twenty days no- 7. The offices of said company shall be managed by a president newspaper pub- and nine directors, any five of whom shall constitute a quorum. directors shall be elected by ballot from amongst the stock- public auction* 1 holders in general meeting assembled, by a majority of the votes of the sa -id stockholders present in person or by proxy, according to a scale voting to be hereinafter prescribed, and the directors thus chosen 5jiecud! ctorB stall at their first meeting choose from amongst themselves or the Termsof office of stockholders at large a president and vice-president. The said President, Vice- . & IT . / President * Di- president, vice-president and directors to continue in office until Tacancy, how their successors shall have been duly elected. In case of a vacancy in the offices of president, vice-president or directors, from any cause, the directors may elect others to supply their places for the remainder of the term for which they were chosen. & ^he president and directors of said company shall appoint a rykc S * creta " secretary and such other officers as may be necessary, for the man- Compensation. a g emen t of their business, and shall allow them suitable compensa tion for their services. 9. The president and directors shall have power to appoint Agents. agents in any part of this state or elsewhere, at their discretion and during their pleasure. They may also take for the security of the company, from their officers or agents, such bond in such penalty and with such condition as they may prescribe. Directors may 10. The president and directors may adopt such rules, orders, or Serf and U by"iaws by-laws not inconsistent with this act or the laws of the land, as they may deem proper and necessary, for regulating and prescribing the duties and powers of the officers and the general management of the company. roting. H. The scale of voting at all the meetings of the stockholders of the company, shall be one vote for every share of stock not exceed ing twenty, one vote for every two shares over twenty, and not exceeding one hundred, and one vote for every four shares exceeding one hundred. Every stockholder not indebted to the company, may at pleasure by power of attorney or in person assign and trans- ACTS OF THE GENERAL ASSEMBLY. fer his stock in the company on the books of the same, or any part thereof, not being less than one share, but no stockholder i to the company shall be permitted to make a transfer of stock to receive a dividend until such debt is paid, or secured to be paid the satisfaction of the president and directors. d nd - 12. Any three of the persons named in the first section of this act shall be authorised to act as commissioners for receiving sub- to scriptions of stock and organizing the said company. They shall give otice ner8 at least ten day s notice of the time and place when, and the per sons under whose superintendence subscriptions of stock will be received; the amount to be paid at the time of subscribing upon each share of stock, and may continue open such books of subscrip tion, from day to day, or from time to time, at their pleasure, until the minimum amount of said stock shall have been subscribed. They shall also appoint the time and place for the first meeting of the shareholders or subscribers. General meetings of the stock holders shall be thereafter held annually or oftener, as the directors may by order or by law, prescribe. 13. The stockholders of the company shall not be liable for any TO what amount loss, damage, or responsibility, other than the property they have Mpnsibie. s " in the capital and funds of the company, to the amount of the shares respectively held by them, and any profits arising upon them, not divided. 14. This company shall be located at the city of Wheeling in Location of Com- the county of Ohio and state of Virginia, at which place their p * n7 " principal office shall be kept. 15. This act shall be in force from its passage, and is hereby Commencement made perpetual, reserving to the general assembly of Virginia, the r P* tual - power to alter, amend, or repeal it at pleasure. CHAP. 5. An ACT to appropriate the residuary fund under the last will and testament of Peter Curran, deceased, to Brooke Academy. Passed December 20, 1862. 1. Be it enacted by the General Assembly of Virginia, That all " the residuary fund of the estate of Peter Curran, late of Brooke id "thiitS county, deceased, under his last will and testament devised to the decealed, C app?o- literary fund of Virginia, is hereby appropriated to Brooke Academy ia the county of Brooke, and the executors of said last will and testament, are hereby directed and required to pay to said Brooke oarran/ 8 ACTS OF THE QBNBRAL ASSEMBLY. Academy, all the money or other property which may or shall come to ^ e ^ r hands or possession as, or in the nature of a residuary fund a ^ eetate i an( l which under, and according to the provisions of duar re ?u nd*to sa ^ w *^ * s P a 7 a ^^ e to the literary fund of Virginia. Broke l c <i d dim y y 2 * Tiiat Brooke Academy shall have all the rights, liberties and n ? ht* T fibertiM* P owers re ^ive to said residuary fund that the said literary fund of and powers reia- Virginia would have had, had this act not been passed and to this tire to Mid resi- duaryfund that end may sue for and recover the same, and bv all due process of thLiteraryFnnd / , of Yirginia would law and chancery, may enforce as discoveries and settlements of hare had had this . . / , Act not been pas- executonal accounts deemed necessary. fifed Authority to sue. 3. That Brooke Academy shall have and is hereby invested reaTestate own- with full power to sell and convey all the real estate, at present to Brooke lcaV owned by it, and any deed for this purpose shall be sufficient, when signed and acknowledged by the president of the board of trustees of said Brooke Academy. Additional inn- 4. That Adam Kuhn and Joseph C. Gist are hereby made and constituted as trustees of said Brooke Academy, in addition to the five trustees thereof, appointed by the act passed on the 6th day of February, 1862. Commencement. 5. This act shall be in force from its passage. CHAP. 6. An ACT to amend and re-enact an Act passed February 8, 1862, entitled an Act staying the collection of certain debts. Passed December 20, 1862. Th Act sed ^ Beit enacted by the General Assembly of Virginia, That the Act ac ^ P asse ^ February 8, 1862, entitled an act staying the collection staying the col- O f certain debts, be amended and re-enacted so as to read as follows: lection of cer tain debts amem- 2. Be it enacted by the general assembly of Virginia, That no a. writ of fieri facias, distress warrant, order, or other process, shall No writs of fieri J J i , facias, distress issue under any judgment or decree heretofore rendered by any warrant or other . J . ? . J J process to isroe court oi record in this commonwealth, or justice of the peace, nor under any judg- . , i . *. i ment decree upon any judgment, nor under any decree that may hereafter be dered by amy rendered by any such court or justice while this act shall remain in Com moweaith force, nor shall there be any sale under any deed of trust, hereto- peace. * * iore executed, without the consent of all the parties thereto, nor under any decree or judgment now rendered or that may hereafter LTy. be rendered, until otherwise provided by law. And in any case where a levy has been made prior to the passage of this act, the re7u P rned to ow- property so levied upon shall be returned to the owner, and the i!i. judgment upon which the levy was made shall be a lien upon all the property, both personal and real of the debtor, and shall haye ACTS OP THB GENERAL ASSEMBLY. 9 priority over all other judgments against the personal property of such debtor. But an execution shall at the instance of the plaintiff or his agent, be issued, and proceedings had thereunder, as if this act had not been passed, in any case where an affidavit has been filed with the clerk or justice, as the case may be, that the affiant believes that the defendant in such case is removing or intends to remove his effects out of the county where the judgment was ren dered. 3. Be it further enacted, That any person may sue for any debt and maintain any action at law or in equity and proceed to judg ment therein. And any judgment, execution, order, or decree, now issued or rendered, or that may hereafter be rendered, shall, in addition to the provisions of chapters 186 and 188 of the Code of 1860, constitute a lien on all the estate, both personal and real of A Hen em * and pcnon&l 6* the judgment debtor from and after the docketing of any sucht. judgment, as provided for in the third and fourth sections of chap ter 186 of the Code of Virginia. This provision shall include all Wh * included, judgments whether rendered by justices of the peace or courts of this commonwealth. 4. Be it further enacted, That nothing herein contained shall be so construed as to interfere with or abridge the laws now in force in relation to attachments and actions of detinue and trover, nor in relation to actions of ejectment and unlawful entry and detainer, nor in relation to the prosecution of criminal offences and the col lection of fines, taxes, licenses, county levies and all debts due the commonwealth, but the same may be proceeded in as now provided by law, nor shall this act apply to liabilities on the part of sheriffs, constables or other public officers, either to the state, counties, cor porations, or individuals, nor to debts contracted after the 26th day of July, 1861, nor to deeds of trust executed after the 26th day of July, 1861, but payments of and sales under the same, may be en- iorced and proceeded in as if this act had not been passed, nor shall the time during which this act is in force be computed in any case in which the statute of limitations may come in question. 5. This act shall be in force from its passage, but shall expire on the 1st day of February, 1863. CHAP. 7. An ACT changing the place of holding an Election in the county of Preston. Parsed December 20, 1862. 1. Be it enacted by the General Assembly of Virginia, That the separate election heretofore authorized to be holden at the 10 ACTS OF THE GENERAL ASSEMBLY. House in tlie eighth magisterial district, in Preston county, shall be, the same * s hereby, discontinued, and in lieu thereof the election * sai< * election precinct shall be holden at the house of William H. TheeVection for -^ rown ^ n sa ^ district, at which election precinct all persons qualified aid district u by law to vote in said district may vote. be holden at the m , . . ** JiW < house of wm. H. 2. This act shall be in force from its passage. Brown in that district. Commencement. _ CHAP. 8. An ACT for the relief of Joseph Martiney, late Commis sioner of the Revenue for Barbour county. Passed December 23, 1862. Auditor directed ^* Be ^ enac ted by the General Assembly, That the auditor be, rant"?n fa"w*of an ^- * s ^ ere ^y directed to issue his warrant in favor of Joseph for* the M Jum n of ^ ar ^ ne y ^ or ^ ne sum one hundred and fifty dollars, to be paid fifty ^Stttn out out ^ an y mone y i n ^ ne treasury not otherwise appropriated, being the*TreSnr ey not ^ e amouil t due to said Joseph Martiney from the state for services iae appro- rendered by him as commissioner of the revenue of Barbour county, for the year 1861. Commencement. 2. This act shall be in force from its passage. CHAP. 9. An ACT for the relief of J. W. Stout, late Commissioner of tne Revenue for Pleasants county. Passed January 9, 1863. 1 - Be ii: enacted by the General Assembly, That the auditor be r * n * in _. faT ^ r , of directed to issue his warrant in favor of J. "W Stout for the sum of J ,W stout for huodTedand flf* 0116 ^ Un( ^ re ^ an( ^ ^y dollars, to be paid out of money in the ty dollars, to b* treasury not otherwise appropriated, being the amount due said money in tneStout from the State for service rendered as commissioner of the otherwise appro- revenue for the county of Pleasants for the year 1861. Commencement. 2. This act shall be in force from its passage. CHAP. 10. An ACT concerning Stephen W. Downey. Passed January 9, 1863. WHEREAS, It appears to the General Assembly of Virginia that the county court of Hampshire county, Virginia, has not been organized under the re-organized government of Virginia, and whereas, it appears that Stephen W. Downey, a resident of said ACTS OF THE GENERAL ASSEMBLY. 11 county, is desirous of obtaining a certificate in accordance with the provisions of the first section of chapter one hundred and sixty-four of the Code of Virginia, that he has been a resident of said county for one year next preceding, that he is a person of honest demeanor, and is over twenty-one years of age, and that he cannot obtain such certificate by reason of the disorganization of said county. 1. Be it therefore enacted. That it shall be lawful for the county Any Court of this . . V ~ Commonwea 1 1 h court of any county of this commonwealth, upon satisfactory evidence upon satufacto- that the said Stephen W. Downey has resided in the said county of thorized to grant _ . . A T n , i f i Stephen w.Dow- Hampshire for one year next preceding;, that he is a person ot hon- ney a certificate , - r - ./ - , , . of age, residence est demeanor, and is over twenty-one years pi age, to grant him a ane character, certificate of the facts, and that such certificate, when so given, shall be as valid as if given in accordance with the provisions of section first of chapter one hundred and sixty-four of the Code of Virginia. 2. This act shall be in force from its passage. Commencement CHAP. 11. An ACT in relation to Coterminous Coal Lands west of the Blue Ridge Mountains in Virginia. Passed January 9, 1863. 1. Beit enacted by the General Assembly. That no owner orNoo*mror ten- . ant of land coa- tenant of any land containing coal west of the Blue Ridge of moun- tainine coi wet , . r n -i -r fthelBlue Ridge tains, shall open or sink, or dig, excavate or work in any coal mine or of mountains shaft, on such land within five feet of the line dividing said land ope gink,dijr,x. from that of another person or persons, without the consent, in any* c?i r mine or writing, of every person interested in or having title to such ad- joining lands in possession, reversion, or remainder, or of the guar dians of any such persons as may be infants. If any person shall Penalty for rio- violate this section, he shall forfeit five hundred dollars to any per- section, son who may sue for the same. 2. The owner, tenant or occupier of any land on which a coal mine is opened and worked, or his agent, shall permit any person interested in or having title to any land coterminous with that inP" 80 " whose land is cotermi- which such coal mine is, to have ingress and egress with surveyors nous, AC. and assistants to explore and survey such mine at his own expense, and not oftener than once a month, for the purpose of ascertaining fj^^njj 11 " whether or not the preceding section has been violated. Every month. t i 11 P i ETC r y owner. owner, tenant, occupant, or agent, who shall refuse such permission, tenant, occupant exploration, or survey, shall forfeit twenty dollars for each refusal i r c ? gcnt to the person so refused. 3. Any justice of the county in which such mine is, before whom 12 ACTS OF THE GENERAL ASSEMBLY. Tfho authorised complaint of such refusal is made, may issue a summons to such to iwue aummoiu > J nd to whom. ownerj tenant, occupant, or agent, to answer such complaint. On right of entry, the return of the summons executed, and proof that the complain- designateane*r-ant has right of entry, and that it has been refused without suffi- ly and conreni- . -i i -n -i nttimeferBuchcient cause, the justice shall designate an early and convenient time for such entry to be made, and issue his warrant commanding the sheriff of the county to attend and prevent obstructions and imped iments to such entry, exploration and survey. The cost of such ^nVf l of suminons an( ^ a ^ ee ^ three dollars to the sheriff executing the the*shiriff"x warran ^> shall be paid by the person whose refusal caused the com- rant"* tbc w * r ~pl a i n t- But if the justice dismiss the complaint, the costs shall be paid by the party making it. Commencement. 4. This act shall be in force from its passage. CHAP. 12. An ACT for the relief of Samuel P. Hildreth, Treasurer of the Savings Bank of Wheeling. Passed January 10, 1863. Auditor directed ^ ~^ e ^ enac ^ e< ^ ^7 the General Assembly of Virginia, That the toinne hu war- auditor be, and is hereby directed to issue his warrant in favor of rant in faror of smni p. Bit-Samuel P. Hildreth, treasurer of the savings bank of Wheeling, for dreth, Trewurer . of saring* Bank the sum of sixty-two dollars and twenty-seven cents, which sum was of Wheeling, for . . , the um of ixty- by him erroneously paid into the state treasury as a tax on divi- twenty-eeTencts. deiids for the year 1861, the bank having been taxed upon its capital for the same year. Commencement. 2. This act shall be in force from its passage CHAP. 13. An ACT authorizing the County Court of Marshall county to re-assess two hundred and six acres of land in Marshall county belonging to Spencer Biddle. Passed January 12, 1863. Tfce county eonrt I- ^ e it enacted by the General Assembly, That the county court fy authwi"S u to of Marshall county be, and is hereby authorized to re-assess two hun- and six acres of land situated in said county, and appearing on commissioner s books as the property of Spencer Biddle : pro- s encer iiid- *ke state shall not be subject to any expenses incurred there- die, by Prorio. J 2. This act shall be in force from ita passage. ACTS OF THE GENERAL ASSEMBLY. 13 CHAP. 14. An ACT changing the place of holding an Election in the county of Jackson. Passed January 13, 1863. 1. Beit enacted by the General Assembly, That the separate Th eparat* J J election hereto- election heretofore authorized to be holden at the house of William Jo Reauthorized Slaven in the fifth magisterial district of the county of Jackson, the house of Wm shall be, and the same is hereby discontinued, and in lieu thereof, fifth magesteriai the usual election for said fifth district, shall be holden at the count j of Jack- school house near Noah Staats, in said district, at which election precinct all persons qualified by law to vote in said district may vote. 2. This act shall be in force from its passage. Commencement. CHAP. 15. An ACT to authorize Charles H. Kimball, Trustee, to construct and maintain a Tram or Railroad from Franklin Fur nace to the Baltimore and Ohio Railroad in the county of Preston. Passed January 13, 1863. 1. Be it enacted by the General Assembly, That Charles H. ban, Trustee, au- Kimball, trustee, be and is hereby authorized to locate and con- and construct a struct a tram road or railroad from the Franklin Furnace in the railroad, from county of Preston, to a point on the Baltimore and Ohio Railroad nice iu Preston at or near the mouth of Raccoon creek in the same county; the 1 an dJ u the Baltimore for the said road not to exceed thirty feet in width exclusive of the J? d ^ hi n w lr th e slopes of cuts and embankments. And for the purpose of enabling *% ^ eifTn the said Charles H. Kimball, trustee, to obtain the title for the St land required for the said road and the materials from the land ad- |JJ} jacent thereto, proper and necessary for its construction and repair, riV he, the said Charles H. Kimball, as such trustee, shall be and he K hereby authorized to take the same proceedings as are prescribed JJJJbed in K*h in the fifty-sixth chapter of the Code of Virginia in relation to h *P ter of the J Code, te obtain corporations generally. the title to land. 2. This act may at any time hereafter, be amended or repealed by the general assembly. 3. This act shall take effect from and after its passage. commencement 14 ACTS OF THE GENERAL ASSEMBLY. CHAP. 16. An ACT providing for the repeal of an Act passed Feb ruary 13, 1862, entitled "An Act to provide for the extension of time for Sheriffs of the Commonwealth to execute writs Qi fieri facias on certain judgments. Passed January 14, 1863. The Act entitled 1. Be it enacted by the General Assembly of Virginia, That the Tide for the ex- act entitled "an act to provide for the extension of time for sheriffs tensio* of time ..,. 1,1 -, .... for sheriffs of of this commonwealth to execute writs of fieri facias on certain weith to execute judgments, passed February 13, 1862," be and the same is hereby writs of fieri f- i j cms on certain repealed. ed Februar/is] 2. This act shall be in force from its passage. 1862, repealed. Commencement. CHAP. 17. An ACT to declare that the Council of the city of Wheeling shall consist of two Boards or Branches. Passed January 15, 1863. The Conncii of 1. Be it enacted by the General Assembly of Virginia, That the wheeling to con. council of the city of Wheeling, after the next election of officers for " said city, shall consist of two separate and distinct boards, with the One of the said powers, capacities, and jurisdiction, now by law vested in the coun- ed the n r B t cil of said city ; one of which boards or bodies shall be called the first other to b" cai* branch of the council of the city of Wheeling, and the other of which Branch* * ad boards shall be called the second branch of the council of said city ; and b^fh^T^ai d that no tax shall be levied, no appropriation of money be made, no Blanches requir- con rac en ^ ere( ^ i n to, nor any ordinance, by-law, or order be made SteoTthTeie*^ or enacted without the consent of both of said branches of said city w uo a n n o d fS a own council - But eacl1 branch sna11 be tne j ucl g e of tne election and To e Sake aii need- q. ua li nca tion of its own members, and shall have power to make all an( ^ P r P er ru ^ es an( l regulations for the government of its g t V o r nT 2 * of own body, and for the convenient direction and dispatch of its affairs and business. 2. Be it further enacted, That the board created by, and men tioned in the sixth section of the act of the general assembly, entitled "an act to incorporate the city of Wheeling, in Ohio county," passed which Board to March llth, 1836, shall constitute and be called the said second cond Branch, branch of the said city council, and shall be chosen and continue, powe C r amf ftmc^ as is now provided by law, with its existing capacity, power and tiona unimpair. ,. .. , - c , i v Y :J vl J i ed. functions, except in so far as the same are abridged, altered or mod- Exception. . Q f Of w h o m the 3. The first branch of said council shall consist of two members from each ward of the city, and shall be elected by the persons re- ACTS OF THE GENERAL ASSEMBLY. 15 iding in the respective wards, qualified under existing laws to vote How for mayor and members of council. 4. At the first annual election for city officers after the passage of this act, there shall be elected by the qualified voters in each 5"ei?t7dat the ward, two citizens thereof, to be members of the said first branch of? 4 * 11 ?! 1 * 1 * 1 ^ tion after the the said city council. The member receiving in each ward thej a t 8sag6 of thii greater number of votes, and otherwise qualified, shall continue in The member r- cemng in each office for two years, and until his successor is qualified; and the wardthe f reater number of rotes other member of each ward, and otherwise qualified, shall continue 10 continue in . . office two years, in office one year, and until his successor is qualified, and thereafter andun V lhiaiuc< annually there shall be chosen by the qualified voters of each ward, ed - one member of the first branch aforesaid for each ward, who shall br of each ward continue in office for two years, and until his successor is qualified, office one yea?. and until hi inc. 5. No person shall be eligible as a member of the first branch, c * 8IK>ril1 qaiin. unless he be a citizen of the State, and shall have resided in said One mber of ,.,.,. . . , the firt Rranch city at least three years preceding his election, and is a resident of* choaenan- x-L J r f 1_ V 1. A*JU. -c i. U -L n nually thereafter the ward for which he is chosen. And the first branch, as well as from each ward. the said other branch, shall have power to fill vacancies occurring; embr of the ,,. 111,1 L r TPI , irst Branch. in their own body by the appointment of a qualified person ; and Power to mi ra- also to remove a member for misbehavior, provided two-thirds of the Power of remotai whole number of such members shall concur in such removal. 6. At all meetings of the first branch it shall be the duty of the Who to P"id .,,.,., * meeting* of mayor to preside, but in his absence the members present constitu- the fl"t Branch. ting a quorum may appoint from their own body a chai rman, pro tempore, and they may adopt such rules and appoint such officers, tXj ll JJJ n pr * including a clerk, as they may deem proper for the regulation of their proceedings and the convenient transaction of their business. But the salaries of the officers of each branch shall be ascertained Salaries. and fixed by the council, as it is by this act created and defined. Majority of the n T, i n J.-L i? , f n IT whol board nfl< 7. it shall require the presence of a majority of the whole num- eewary to con- ber of each branch as fixed by law, to constitute a quorum for the A transaction of business, but a smaller number may adjourn time to time, and compel the attendance of absent members in such aftendaTce *o f way as the council may have provided. 8. The second branch of said council shall appoint one of its wbo to pride own members to preside over its deliberations, who shall be called the president of the second branch of the city council, and it shall Dutyof presiding be his duty when present, to preside at all meetings thereof, but in Branch. his absence, it may appoint one of its own members to preside as i Pro sid e nt pro president pro tempore. tempore. 9. When the office of mayor of the said city is vacant, the ident of the second branch shall be mayor of the city, until vacancy is filled, except that he shall not preside at the meetings 16 ACTS OF THE GENERAL ASSEMBLY. J h t e m h or a /i? T ^ e ^ rs ^ branch; and when the mayor of the city is temporarily absent, ^who may absent therefrom, the president of the second branch, may if the act M Mayor, council shall so ordain, possess the powers and exercise the duties of mayor during the time the mayor may continue absent from the city. 10. All propositions involving an appropriation of money, shall rowing an a p. originate in the second branch of said council, but the first branch proprlatlon of -,i i .1 money, where to may propose or concur with amendments, as in other propositions. Power of Coum 11. The council of said city, as hereby create.d, shall have full tothiiAct. power to make, pass and execute any ordinance which may be ne cessary or proper, to carry into effect the true intent and meaning of this act. Commencement. -^ This act shall be in force from and after its passage. CHAP. 18. An ACT to incorporate Logan Tribe No. 21 of the Im proved Order of Red Men, in the City of Wheeling. Passed January 17, 1863. 1. Be it enacted by the General Assembly, That Joseph F. Gachter, Frederick Rolf, William Wegman, Henry Schaffer, and August Hildebright, and such others as are now regularly associated with them, are hereby created a body politic and corporate, under itic and corpo- the name and style of "Logan Tribe No. 21 of the Improved Order Name and styi of Red Men," in the city of Wheeling and county of Ohio, and by m that name shall have perpetual succession and a common seal, may sue and be sued, plead and be impleaded, and may purchase, sell and hold, to them and their successors, for the charitable and benevo lent purpose of said Tribe, and no other, not exceeding one full lot of ground in the city of Wheeling, and not exceeding three acres of land within the county of Ohio; and also such personal property and moneys necessary for the purposes aforesaid. Authorized to 2. The said Tribe shall be authorized to make all needful laws laws and reguia. and regulations for the management of their property, as a majority of said Tribe may prescribe. Commencement. 3. This act shall take effect from and after its passage, and may a^Jnd b eY* ore- be altered, amended or repealed at the pleasure of the General pealed> Assembly. ACTS OF THE GENERAL ASSEMBLY. 17 CHAP. 19. An ACT to amend the Charter of the Holliday s Cove Railroad Company. Passed January 19, 1863. 1. Be it enacted by the General Assembly. That the Holliday s n *;:. \ Permission given Cove Railroad Company, or its lessees, may locate, construct, fur- 40 - nish and work a branch railroad from their terminus on the eastern side of the Ohio river, through the town of Wellsburg, in Brooke county, to the city of Wheeling. 2. Be it further enacted, That sections seven, eight, nine, ten,^ ctions re P eal - eleven, twelve, and thirteen of "an act to incorporate the Holli day s Cove Railroad Company, passed March 30, 1860," be, and the same are hereby repealed: provided however, that this act shall k e provi80 of no effect until the Western Transportation company of Pennsyl vania named in the eighth section of the act entitled "an act to incorporate the Wheeling Railroad Bridge Company, passed the 3d day of March, 1860," transfer and assign to Thomas Sweeney, and Sobieski Brady, or the survivors of them, any and all right and in terest it has in said bridge company, and in the capital stock thereof, and upon such transfer the said Western Transportation Company shall not be liable for any instalments upon said stock accruing thereafter. 3. This act shall be in force from its passage. Commenctmeat ging the place of holding the election i] of Hardy and Monongalia. CHAP. 20. An ACT changingjthe place of holding the election in the counties Passed January 19, 1863. 1. Be it enacted by the General Assembly of Virginia, That the election heretofore authorized by law to be held at Michaels in fore hSd at M?- the sixth magisterial district in Hardy county, be, and the same is rounty,aboiish cL hereby abolished, and that in lieu thereof the election hereafter to house now * be held in the sixth district, shall be held at the house now occu- pied by John W. Athey, in Greenland. 2. Be it further enacted, that the election precinct held in the county of Monongalia, be discontinued, and that in lieu thereof the St diicon " regular place of voting for said precinct shall hereafter be held at * heKt* the the house of James Arnett in the town of Arnettsville. jSSt, of Tr! 3. This act shall be in force from its passage. Commencement. 2 18 ACTS OF THE GENERAL ASSEMBLY; ovo- j s vvshilfoH *.i: io ro .- v^ Sfl t Basras oi n- /- OHAP. 21. An ACT establishing, a pla.ce of voting at Rockford School-house, in the third Magisterial District of Harrison County. Passed January 19, 1863. "1:^ jSJJy^ An election pre- ejection precinct.be, and the same is hereby established at Rockford cinct established iTTUTsJ i .H zu ;T; .:: . .- ,- IIS. , . : : . . . J at Rockford school-house, in -the third magisterial district of Harrison county, School House iu . rr ;4 r -i "i V V 1 vfV : 3 Harrison county, and that said school-house shall hereafter be a. regular place of voting .f..wqsT *. r^inmid c r oun,tv,. -in all. elections required by law to be held . in the ^CjQunjtps .of this common wealth. Commencement. ,<>. ,This; act shall be in force from its passage.. t -^ -" -*-----. o -.. .. *j j-w>fc-f.^ , r_iT*> .^i^i. -. w Ofc. v L! tf-*- jL ; r > ! .* , ?? ^ c L v 3<i [f/ ./fa Jo^5;if; jsii; /lov-jwoa -sfoYv^j : I; -.."^..T*-! vc-rii I ^-^ ;-ir.<5? io v^qoioo noija.ncqri.:s-iT ii:si5.^".V s^i JIJJEF :^-3 o-cr :: -^nXef : ; to _ authorise Charles -B. Waggener, trustee, to I Self Certain .property- in Mason county- - - " ji{ 3 i- !ia b.^ .^assea. JamiAi^ ,19,. 18(33^ f . ^ W HEREl-S; it is represented to the General Assembly, That one Preamble William B; R,6bbihs eiecut ed three several trust deeds, granting Certain lafnds in r M afebri- county; to Abiier W, Hogg .to secure -the pay ment of several bonds, in said deeds described,. to J.olm McCullock, )J Moses Michael and" John pall, whic-h .deeds bear date .respectively on the fifth day of August, one thousand eight hundred and fifty- three, the twenty-third day of May, one thousand eight hundred and fifty-three, and the t^\ enty-fourth day of May, one thousand eight hundred and fifty -three, which bonds, although due and payable, re main unsatisfied ; that the said Abner W. Hogg having become insane, Charles B; Wa ; ggeneT, by. a decree of the -circuit court : df Faid-cowrity*, at the spring term- of the "year one thousand eight hunred and sixty- one was appointed to .act i as : trustee, instead of the said Abner W. f ;^ c ane .thousand eight hundred and si xiy -three;. that -the said William ; 7; J _B.,Eo bbins is. not an inhabitant of this state, and that the said pro- -*! perty, consisting of mineral Ian ds, with salt furnaces .and "doalr works jMtwq o.-iasisr .erficteoV thereon^ is now in a state. of decay and dilapidation, .and 4i*Sc-acM ut 9TTr m Jj.j.T D/j]vO^T{ np;Ji -._> -.:: ! _; _i; ., - . ? .rapidly depreciating in value; and that a sale of the same at an " o aoi*y9!>"J\T j.ear^y p.ay wiU.te beneficial to both the debtor arid creditors ; there- .^waT, fa -j - roj fore, ^ , t. - 1. Be it enacted by the General Assembly of Virginia, . That it shall be lawful for" tie skid Charles fe. Waggener to sell the said ACTS OF THE GENERAL ASSEMBLY. 19 property on the said fourth Saturday of January, one thousand eight hundred sixty- three, or on any subsequent day to which he may continue or postpone the said sale, anything in the act of February the eighth, one thousand eight hundred and sixty-two, entitled "an act to amend and re-enact the act passed July the twenty -sixth, : -->- one thousand eight hundred and sixty-one, entitled an act staying the collection of certain debts, " or in the act passed December the twenty-second, one thousand eight hundred and sixty-two, to amend and re-enact the said act of February the eighth, one thousand eight hundred and "sixty-two, to the contrary notwithstanding. 2.. This act shall be in force from its passage. Commencement. -a. awaaaeo c 7; 0-t Ifj T J7) CHAP. 23. An ACT to amend the Charter of the Wheeling Rail road Bridge Company. J " J " ~<s "^ k JU- _ S&U i. ; ;:.7 lj 311SLc.& ll v-_ . "! j- WI <HlO 4?u IX> ??% Passed January 19, 1863. Be it enacted by" the General Assembly, That the first of "an act to incorporate- the Wheeling Railroad- Bridge Company," Wh - eliH j^ passed March 30, 1860, : be amended and re-enacted so as to read as roid Bridge Co. follows : J. Be it enacted by the General Assembly, That it shall be law- By whom and ful for Thomas Sweeney, Jno/C. Campbell, Sobieski Brady, Chester ^ b e s r c e . tSjj^ D. Hubbard and Zachariah Jacob; or any three of them, to open books be P ened - of subscription in the city of Wheeling, and at such, other place or; places as they iiiay direct upon ten days notice, and under "the direction of 1 - such agent or agents as they or a majority; of them may appoint, for the purpose of receiving subscriptions of stock, in shares t f t k of one hundred dollars each, to an amoun;t irbt less than two thou sand and not more than ten thousand shares, to constitute a j oint Nflim? ef ^ . stock company to be called "The Wheeling Railroad Bridge Obm^ pany," by which haine tke sai d conlpany shall have authority to. erect and maintain a railroad bridge across the Ohio river at any point it may select not farther south than the mouth of McMa- hon s creek, and not farther north than the riorthertt -end^ of.Zane^s Island, opposite the city of Wheeling: provided that the said bridge shall be so constructed, as to leave an unobstructed headway over the channel of said river of not less than ninety feet above low waters jrsiij-jrtr mark, and an unobstructed, water-way between the piers of said bridge next the channel of not less than three hundred feet, and to connect within the corporate limits of Wheeling, their said bridge ;i mo ii oo-hn al yd ll&ds :oA sla 20 ACTS OP THE GENERAL ASSEMBLY. by railway with such, railways as may terminate at or near Wheel ing, as is hereinafter provided. 5d r Art*mend? 2 The fourtl]L section of said act shall read as follows : edand re-enact- 4. It shall be lawful for said company to establish rates of toll, Lawful for com- which it may charge and collect on all locomotives, tenders, express, pany to establish J 8 .-,,., -, rateiof toil. baggage and burden cars which may pass over said bridge and con nections, and for such freight, passengers or other things as may Protiso. b e transported over said bridge and connections : provided, that the rates of toll shall be uniform and without discrimination as to all railroad companies, or persons and companies running or working a railroad or railroads which have their terminus on either side of the Ohio river at or near the city of Wheeing. "And it is expressly enacted that all freight and passengers pass ing over or to pass over said bridge eastward or westward, shall where a transfer or change of cars is had or may be necessary from one car to another, within twenty-five miles of said city on either side of the Ohio river, be transferred and make such change of cars east of the Ohio river and not south of a point opposite to the mouth of McMahon s creek, and that the passenger trains on the amfc. o. ai Kaiu Baltimore and Ohio Railroad Company s railroad and those of the to* ad comme P nj n e ies Central Ohio Railroad shall commence and terminate their trips, at their trip^a"^* an( l from the city of Wheeling, giving to the passengers holding dty of wheeling, through tickets the privilege of going from such point of transfer, to and from the city of Wheeling, without additional charge, notice of which shall be posted in the cars of said companies respectively." The fourteenth 3. The fourteenth section of said act is hereby repealed. repealed."* 1 4. The fifteenth section of said act shall read as follows: tion of said act "15. The said company shall be subject to the provisions of enacted. * *& thirty-fifth section of the act entitled an act prescribing certain general regulations for the incorporation of railroad companies, passed March eleventh, eighteen hundred and thirty-seven." 5. The sixteenth section of said act is hereby repealed. 6. This act shall be in force from its passage. CHAP. 24. An ACT declaring a part of Elk River a lawful fence. Passed January 20, 1863. Part of Elk Rir- ! Be it enacted by the General Assembly of Virginia, That so lawftfi ireuc*? * muc h of Elk river as lies between the mouth of Sand creek and the lower line of the lancj of John D. Young on the northwest side thereof, in the county of Kanawha, be, and the same is hereby de clared a law&l fence. Commcemnt. 2. This Act shall be in force from its passage. ACTS OF THE GENERAL ASSEMBLY. 21 CHAP. 25. An ACT authorizing the County Court of Preston Coun ty to re-assess one hundred and ninety and one-fourth acres of land in Preston county belonging to Caleb Conn. Passed January 20, 1863. 1. Be it enacted by the General Assembly of Virginia, That the p^ county Court of Preston county be, and the same is hereby author- ized to re-assess one hundred and ninety and one-fourth acres of JJj l d . n co !JJ t gJg > land situated on Tunnel Hill, in the county of Preston, and appear- Conn. ing on the commissioner s books of said county as the property of Caleb Conn : provided, the state shall not be subject to any expenses ProTiso. incurred thereby. 2. This act shall be in force from its passage. Oommencemeut. CHAP. 26. An ACT to incorporate the Pittsburg and Steubenville Coal Company. Passed January 20, 1863. 1. Be it enacted by the General Assembly of Virginia, That James Andrews, Robert Henderson, John Scott, Thomas A. Scott, and Thomas L. Jewett, and such other persons as may hereafter be associated with them, shall be, and are hereby incorporated and incorporation, made a body politic and corporate, by the name of "the Pittsburg style of company and Steubenville Coal Company," for the purpose of mining coal, and transporting coal to market, and they are hereby invested with the rights, powers and privileges, and made subject to all the ^* d * u ^ >J Jr* g rules, regulations and restrictions provided and prescribed in the JjJ}J5J u J d f Code of Virginia, and any laws amendatory thereof, so far as the Code of Virginia. same are applicable and not inconsistent with the powers and rights herein granted. 2. The capital stock of said company shall not be less than twenty-five, nor more than two hundred thousand dollars, to be divided into shares of one hundred dollars each, and the said shwes * James Andrews, Robert Henderson, John Scott, Thomas A. Scott, and Thomas L. Jewett, or any three of them, may open books of subscription to the capital stock at such time and place as they may deem expedient ; and they may receive subscriptions in land Subecnptiong. and personal property at such a rate as may be agreed upon, and fix the amount to be paid by each subscriber at the time of making his subscription. In all general meetings of the stockhold ers of said company, each stockholder shall have as many votes as Proportion of he has shares. ff. .zjftiereaA IAJSSKHT airr so STOA 22 ACTS OF THE GENERAL ASSEMBLY. 3.- The stockholders may elect not less -than five, nor more than Directors. ^ nine directors; who of their own number, may elect a president, dent and Direc- The president and directors shall -have po wer "-to ma ke by-laws for the management of thevcompanyKto-aJter and amend the same; *. f.ni n : . .-.-IBW,: .appoint agents and clerks and. discharge the same at pleasure; to ^uTfr^wrihrn i )orr o\y Inone j2 not exceeding at any one time, the amount of its ?n v.in:r **!!!! -Capital stock paid in, and may secure the payment of such debt -by II " mortgage of the real or personal property of the company. rail. ., " Jt, shall be lawful for said company ^to construct "a railroad 5ad * .!*",- not. exceeding two miles in length, for the purposes -of the company, from" some point near "the Ohio fiver on the : Holliday s "Cove -rail road, to a point on the Ohio river, suitable for shipping purposes, and to construct wharves, turn-outs, protection s from ice, -and whatever may be necessary fox.the.purposes of the company. They . :IP in.;:ifi,iim.t.; g^fSty may acquire lands, not exceeding in quantity fifty acres, and pur- m * chase the coal privilege of lands; and they- shall" have power -to build their road and improvements upon the lands of persons, other than those of said company;- with -the consent of the owner of such ; .lands, or by contract with .such, owner. And the said company may : navigate,, by steamers and barges, the Ohio and Mississippi rivers : and,, their -tributaries, in. carrying their coal to market." 1 : 5. The stock of the company shall be transferable under such y regulations and restrictions as th,e president and directors may . establish from time, to time.. Commencement. 6- This act shall be in : force from its passage. CHAP. 27, An ACT " to amend and re-enct the tenth section. .of chapter 170 of the Code of Virginia, Passed January 22, 1863. 1; - "Be it enacted by the General Assembly of Virginia, That the Section ten oftenth section of chapter one hundred and seventy of the Code of Code of i860 - Virginia, edition of I860, be amended and re-enacted so as to; read amended and re- /I, " .. e acted. "; as lOilows, Vl Z : 2 S . t- a Jig jfoffltl i&Si^fc:- >ib "10, On affidavit that, a defendant is not a resident : of .this state, or that: diligence has .been used by or on behalf of the plain- tiff-to ascertain in what county or corporation he is, without effect, or that process, -direct.ed to i he ; ofiicer of the county ; or corporation * 5 "Sl1^:i tt w^*^ delivered to such officer more than ten days before the return day, and being returned with out being executed, or that the defendant in any suit has left the ACTS OF THE GENERAL ASSEMBLY. 23 county or corporation wherein the cause of action or any. part thereof arose, and wherein said suit "is or may be pending, and that -process directed to the officer of the county where."siVc"r^ defendant Or is, cannot ."be. delivered to such o fnce.r p r exe ciit/e d by hiiiij VeasoiL QjU nsurrectiqn, rebellion or armed ^resistance 1 ^o* the merit of the "laws, an order of publication riiay be enierecl. a^aiif s t such defendant; and in any suit in equity where the bill states tfiSt the names of any persons interested in the "subject "to be Divided or* ia " disposed of, are unknown, and makes such persons defendants, by ,the general, description of parties unknown, on affidavit of the fact, that tHe s ; aid tiaines are utiknowny an ordcV oi ^uMitratiotr ifl^tie entered against such unk riown parties ;" any " order under this section may be entered either- ^#o&rt;w. f 3tl ferules : In a proceeding by there may ( b-fe.aji ord,er of^ubJic.ationjiA like manger as in . commencement. 10 J[1UO:> ;:6 i-tit III -CHAP. 28.^-An ACT -to: ^meiid ancl rei-enaet tite first -and; i seventh ,sectiQ.ns;;of.g]ja,pter, forty-six q|-t|ie Passed January 22, 186l Tr;Cf .esxeasq eJiinoi i &-.VIG: n; &d lirrlr. JD;, f.rrIT .& . .^w3 1. Be it enacted by the General Assembly, That the first section section one of of chapter forty-six of the Code of Virginia, (edition of 1860), be^the code" amended a-nd re-enacted so. as to read afi. follows j. / -08 c! /Tr "> and re*encted. u 1. I \VKen the auditor of p.ublic ; Accounts -.shall disallow, ^jther in whole or part, any su^ch .claim against -the cQmHLOnweailth.! ? as is provided for by the twelfth .section of th^ forty-sixth chapter, the person prosecuting such clrim may petition the circuit court for the : c8un;fcy in which the seat of govepnm eaiis -.fbr* redrr^gs^ aafd wlen,a rk , jr,.;^*^ person has any other claim against the commanwealth, Yedress-may s c " j-is^Sio* -be obtained in the said court by a, petitibn- o^.by ^ BiH-iii chancery, * -1 according to the nature -of the : 2; -B e it further enacted, That the- sfevefeth ifceQtioft *of /chapter chapter forty six forty-six be amended and re-enacted so .afe to reatV "7. There shall %e brought- and- pro^ecuteH : i^ to of the county in which the seat of government is, all suits in which it may be necessary or proper to make any of the following public persons a party defendant asrepresentingthe commonwealth, to-wit : "the " governor,- attornej-general, troa&ufefrj t>r j ati dit or of -^ jiuWiti Ac counts, or in which it may " be -necessary or proper to make any of the following public Cbrpofi^ationSj rjar-feie s defendants, to-wit: the -board of the literary fund, board of public wpr-ks,, or any Q^her.pub- an .li ( no?nidoS ndol j/;ilT ain 24 ACTS OF THE GENERAL ASSEMBLY. lie corporation composed of officers of the governmen, of the funds and property of which the commonwealth is sole owner, or in which it shall be attepted to injoin or otherwise suspend or effect any judgment or decree on behalf of the commonwealth obtained in any circuit court holden in she county of Ohio or the city of Richmond, or any execution issued on such judgment or decree." Commencement. 3. This act shall be in force from its passage. CHAP. 29. An ACT authorizing Messrs. Smith & Williams to sell goods in Jackson county. Passed January 24, 1863. 1. Be it enacted by the General Assembly of Virginia, That d t? iasue h a u^tk sheriff of Jackson county be, and is hereby authorized to issue cense to. a merchant s license for the year 1862, to Messrs. Smith & Williams in the said county of Jackson, without requiring the payment of the tax lawfully imposed thereon, provided that the said sheriff of Jackson county shall require the said Smith & Williams to surren der the license now in their possession authorizing them to sell goods in Roane county, ncement. 2. This act shall be in force from its passage. CHAP. 30. An ACT providing for the return of the Special Elec tion for a Representative in the seventh Congressional district, held on the 15th day of January, 1863. Passed January 24, 1863. The cierk of the 1- ^ e it enacted by the General Assembly, That the clerk of authorized"!? the county court authorized by law to make returns of the election make returns, ^eld on the 15th day of January, 1863, for a representative in con gress for the seventh district, be and is hereby authorized and re quired to ascertain the result and grant certificates thereof, at any time within the thirty days allowed therefor. Commencement. 2. This act shall be in force from its passage. CHAP. 31. An ACT to incorporate the Clarksburg Coal and Iron Company. Passed January 24, 1863. 1. Be it enacted by the General Assembly of the State of Vir ginia, That John Robinson, M. P. O Hern, and James W. Stoddard, ACTS OF THE GENERAL ASSEMBLY. 25 and such other persons as may hereafter be associated with them, shall be, and they are hereby incorporated and made a body politic incorporated. and corporate for the purpose of mining coal and iron ore and manufacturing iron and other articles, and vending the same under the name and style of the "Clarksburg Coal and Iron Company," and are hereby invested with all the rights, powers and privileges conferred on such bodies politic and to continue for fifty years. 2. That the capital stock of said company shall be two hundred capital stock, and fifty thousand dollars, divided in shares of twenty dollars sharea - each, that the subscription may be made in money, real and p e r- Subscnptlon3 - sonal estate; the real and personal estate may be taken at the rate agreed upon by the contracting parties ; and the president and di rectors, or a majority of them, shall have full power to manage the affairs of the company. 3. The president and directors shall have power to purchase fSSw m "JuS and hold any other mining property and land, not to exceed five Jj^^ fire thousand acres, in any county in the State of Virginia. thousand acre.. 4. The president and directors, or a majority of them, shall have power to issue coupon or other bonds, but not to exceed one-half of Power to issue * coupon or other the capital stock of said company, and the property of the company bonds. shall be security therefor. Commencement. 5. This act shall take effect from its passage. CHAP. 32. An ACT appropriating forty thousand dollars to the Lunatic Asylum west of the Allegheny Mountains. Passed January 27, 1863. 1. Be it enacted by the General Assembly, That the sum of forty port thousand thousand dollars be, and is hereby appropriated out of any moneys JjjJJfJJ "g^EJj." in the treasury, not otherwise appropriated, to the Lunatic Asylum natic Asylum, west of the Allegheny mountains, to be expended under the direc- How to be ex ^ tion of the board of Directors, first for the finishing and furnish- P ended - ing of the south wing of said Asylum ready for use, and the residue of said appropriation shall be for the further prosecution and erec tion of the main building connected with said south wing, and the money to be drawn from time to time from the treasury as the work may progress. 2. This act shall be in force from its passage. Commencement. AC3?fr m -3VHE / GENERAL : :i .CHAP. .S3. An ACT providing for the removal -of criminals and criminal causes from the counties of Braxton and Randolph to "the /county of Lewis. Passed January 28,. 186$..:, ^ou ^ahu :^;n^xn 1. ; "Be "it enacted by the .General Assembly of Virginia, That it will J3^JjJ D lawful for the , county or circuit Court of the : counties of Braxton r js of Brax- anc [ Randolph to make ah order for the removal and transfer to the .-:&. -Randolph counties to make county" or circuit court of-Lewis .county for trial therein,, any crimi- an ordered* -the _ ... ; - -; ; ;-_-..- , -.,... ":," - , f transfer , to .the na ] cause now pending; therein, or wnienmay hereafter be corri- cotinty or circuit _; 3 , J . if.^l - -,.-- rr ** .- - r .f *- court of Lewis rnenced in the courts of the said, counties." And the sard courts of the county of any :U : ; ; :.: :::-: 4- -::. ." cv^T ;:--, c--;-;.- : ,i-c ^c.- fo rN ,c-r./--;>- c - - criminal cause said county of Lewis have aiid " exercise the same jurisdiction over now pending - . -Vs I f ."/ .:,: . : f^JTic^ S ." * ^- v r~ -, ;:.- - KI , ,-,^.5,, therein. the same as ii the said .cause .had : cornmehcea "i n tne courts 01 tne " said "bounty" of Lewis." AiioT if "there be no" courts" organized in said :J-JH awjj.-wr.r counties of Braxton and Randolph, it will be lawful for the justices via 1 IS K .7i of said -counties to commit any criminal into the custody of the jailor f-li*n-i; ^ Lewis county, and he shall" receiver into" his custody any such criminal so committed to him or his deputy, and keep as if such criminal had been committed by Jriustice of the peace for "the coiinty ttlMi if VT l- i - - -_ ; -_. . .. - - r- - ; : : - - .- - - - .- t^fffi r * - -:.r.j ;.: " of Lewis. Commencement. 2. This act shall be in" force from its passaee. 3 .. :-.-- ^..:--:; ^iiawriJfe CHAP. 34. An ACT authorizing the Board of Public Works to hire out certain convicts. Passed January. 28, 186& .SiiH-.f^rr : -C. JC * . ?? !E V . 1 ": f Q;3 ^J ^Sl sW 1C i ! j.* f i > 1 ^L r S ; " Preamble. Whereas, it is represented to the General Assembly o f Virginia, That there are convicts who hkve been s - 5 sentenced to the peniten- , tiary, since -the- existence of hostilities and the re-organization of muwu;- rTt:^ , J>- - - - Q. .. i the state government; and whereas, there being no penitentiary in awtf^AaM . _ the loyal portion of the. state, and whereas by. an act of the general . assembly , passed on the 26th -of, July, 1861, the governor. w r as .au- j^nn .. jthorized to use the jails of the several counties of this . common- . wealth for the confinement of said convicts, .. ^-.^. . . .!.; Be it therefore enacted by the General. Assembly o Yirgl-nia, The Board of.T^at the board of public works, be, arid they-are hereby .authorised auSiorizdtohire-tp. hire out said convicts so confined in -the several county jails* to T?cts? ertain c u " a superintendent or superintendents of works of internal improye- mm**y*mo3 ments, undertaken, by., the State, in whole .xir in, part, or any other <? OF THE GENERAL ASSEMBLY. >27 works .of ft..corpc...; :;n , or individual, and the wages for /the labor :.pf such- convict -. -IT quiring .of such superintendents such assurance for the safe ket x ing, together with- all the accessary prov.isiohs to carry out this act, either by appointing a suitable overseer over such convicts, or otherwise. " 2. This act shall be in force from its passage..- - Commencement. .~-*i -* jfes&jwa* $* .,rs-z.s 0* i-*!-} _ _ . :*Tr.f f **4 is .T:^. r 7 T f 1 \- ". _!Tv* ." -rij !:. * * . ~ ~ ^. >^J ". * *; .- i - - - " - ..., -CHAP. 85. An ACT ;td. repeal and re-enact section, second of an Act to authorize .the Trustees of Brooke Academy to transfer their property to. the Meade Collegiate Institute, and to authorize said Institute to transfer the same property to the Trustees here inafter appointed, passed February 6, 1862, to read as follows :. ; . --. -;.-j.-- *$ Passed Janiiary 28, 1863. 1.- Be it enacted by the General Assembly of Virginia,, That the second "section- of an act .to authorize the trustees of Brooke mended and re- Academy to.tran^fer their property to the Meade Collegiate Insti tute, .and to authorize said Institute to transfer the same property to the trustees -hereinafter appointed, .passed February 6, 1862, -be amended and re-enacted so as to read a^ follows: "2. Be it enacted, that Hugh .W.Crothers, -Danforth Brown, David Fleming, Obadiah Langfitt, Samuel George,- Adam Kuhn, "Joseph C. Gist, William H. Harvey,. : Joseph Applegate, John D. "Wier, and Thomas Everett, be, and they are. hereby appointed and made trustees of the Brooke Academy, a .majority of whom shall have -power to act and to fill all vacancies occurring in their own body. Arid the said trustees are hereby authorized to. take posses sion of all real estate, formerly belonging to .said Brooke Academy, -whenever the -same shall have -been ^conveyed to them as hereinafter provided for, and to collect and receive all moneys- due or in -any wise belonging to : or held in the riame. of : Brooke : Academy } . and r.. f,Mj2 = ro apply the same to the best advantage for an academy of education within the intent and meaning of its former charter. And they are iereby -authorized to: purchase -other". real" estate for the purpose of enlarging said academy and of adding thereto a female seminary, whether such real estate adjoins, the aforesaid real estate or not, and tothis., 7 end may accept donations in land, money or other property." \ , % - 2. This act shall- be in force from and after i- : 28 ACTS OF THE GENERAL ASSEMBLY. CHAP. 36. An ACT providing for the amendment and re-enact ment of the eleventh section of chapter twenty-ninth of the Code of eighteen hundred and sixty. Passed January 29, 1863. 1, Be it enacted by the General Assembly of Virginia, That the eleventh section of chapter twenty-ninth of the Code of eighteen - hundred and sixty, be amended and re-enacted so as to read as fol- enacted "11. No proceeding shall be had in any court at law or in equity, or on any execution against the person or property of one who has volunteered, or who has been drafted and ordered into actual service, (whether of the state or of the United States), or against his surety from the time such person shall be ordered to the place of rendezvous until three months after his term of service shall have expired. In any case where a suit or other proceeding has been commenced before the passage of this act, against any such per son or his sureties, it shall not be necessary for him or his sureties to set forth the fact that any such person against whom any suit or other proceeding may have been commenced, has volunteered or been drafted and ordered into actual service by a formal plea in abate ment or other plea, but an affidavit in writing of any such person, or agent, that such person has volunteered or been drafted into the actual service, and as satisfactory proof thereof, the court or justice before whom such proceedings may be pending shall order such suit or proceedings to be stayed until the expiration of three months after the term of service of any such person shall have ex pired, when the same may be proceeded in as if this act had not been passed. This act shall not apply to any person who shall have received the money of another in a fiduciary character, nor as an officer of this commonwenlth, or of any court, nor to any of his sure ties, nor to any person who shall have employed a substitute to perform his term of duty, nor shall it prevent the granting or rein stating of any injunction. commencement, 2. This act shall be in force from its passage. CHAP. 37. An ACT declaring the North Fork of Fishing Creek, in the county of Wetzel, a public highway. Passed January 29, 1863. 1. Be it enacted by the General Assembly of Virginia, That North Fork of the north fork of Fishing creek, in the county of Wetzel, from the ACTS OF THE GENERAL ASSEMBLY. 29 main fork up to Jeremiah H. King s mills, be, and the same i hereby declared a public highway for the transportation of boats, lumber, &c. 2. Be it further enacted, that it shall be unlawful to obstruct Unlawful to ob- said navigation by the erection of mill-dams, or otherwise. 3. This act shall be in force from its passage. Commencement. CHAP. 38. An ACT providing for the removal of Criminal Causes from the County of Tucker to the County of Preston. Passed January 29, 1863. 1. Be it enacted by the General Assembly of Virginia, That it will be lawful for the county or circuit courts of Tucker county to e^lJunt i make an order for the transfer and removal to the county or circuit court of Preston county for trial therein, any criminal cause now county> pending therein, or which may hereafter be commenced in the said county, and the courts of Preston county shall have and exercise the same jurisdiction over and for the trial of any such person so removed, as if the same had been commenced in the courts of the said Preston county. 2. This act shall be ia force from its passage. Commencement CHAP. 39. An ACT allowing mileage to the Delegates of the Con vention. Passed January 30, 1863. 1. Be it enacted by the General Assembly, That the delegates Delegates to to the convention which is to assemble at the city of Wheeling on Stied*to nJieil the twelfth day of February, 1863, shall be entitled to the same mileage as is now allowed by law to members of the general assem bly. 2. This act shall be in force from its passage. Commencement. CHAP. 40. An ACT to amend and re-enact the Act passed May the 15th, 1862, entitled "An Act to re-organize the Kanawha Board. Passed January 30, 1863. 1. Be it enacted by the General Assembly, That sections four and five of the act passed May the 15th, 1862, be amended and re- enacted so as to read as follows : 3D. ACTS OF THE c | ^SBAL ASSEMBLY. Section four a- U S4. The board of public works, when in their opinion the ser- menaed ana re> * - J.JTSJ.I ..... -. . J .-.. r " , "" enacted., vices of such; an officer are required, shall appoint, a general super intendent, who shall have supervision of both the Kanawha river and road, whose. duty it shall , be to collect from the gate-keepers, quarterly.,, the net proceeds of the .tolls collected by s.aid gate-keep- :ers, and keep such road, in repair by the use. of said tolls and pay over the residue to the Kanawha board for the river improvement; also, to take charge of and secure i r the use f the board, all the boats, tools and other property now on the river, which was procu red by the Kanawha board in and for the improvement of- the Kanawha river and road, and manage and superintend the improve ment of the river subject .to the . control of said Kanawha board, and shall make quarterly returns to said board, of his collections and disbursements, and shall receive for his services annually, a sum not exceeding one thousand dollars." Section fire a- "5. The said Kanawha board shall annually make full report enacted. * n * to the board of public works, of all their acts and doings, pertain ing" to said river and road improvement." ; Commencement. 2. This act shall be iri- force from its passage; : [3q c.::;s3 v:;>> !o irtjij sdi 70* btia TS-70 aailaj taart CHAP. 41. An ACT o jegalize /.the appointment of Ferdinand Lewis, as Administratoi" of ^he estate of Solomon Michael, Sr., late of Hardy county. Passed January 30, 1863. -ffou 9uj lo ^jigdlvd ?,;.; 03 ^gAsfrm aniwoffs TOA fsA 98 lAliO 1. Be it enacted by the General- Assembly of Virginia, That the appointment made by A&jafc PUy ? a justice of the peace in and confirmed. f or ^he .county of Hardy, in t he state of Virginia, of Ferdinand :.i "Lewis as the administrator of the personal -estate of Bdlalrion. Hi- : bhael, sr., cTeceased/la-fie o-f- ; Hardy county, be, and the same is hereby declared legal -an^ binding in law. And thaif all the acts: and pro ceedings of said -administrator have the- same -force and; effect, ats though said appointment and qualification had been made and done by the county court of said county of Hardy j 2. In the event of there being no court or clerk in the county of Hardy, the bond executed by Ferdinand Lewis, with William Mithael- and; John iMichael, as liis securities r in said administration, ., . ,-shall be -fikd and there preserved in the clerk s office of the county Bond authorized ......... ..... ; j... . to b filed in cour t of Preston county, and shall be in all respects as binding as Preston t/onnty *,Jr f\>t ,j~, T ; r n -, -. . Court. though given before the county 6onrt of Hkrdy county, and filed in tfa$ cleiks office of . said : court of Hardy. G^untyi . : .- ,, . : :< . ; ^ ^ j- ^ iTiiia.actflhall be-in .force froni it passage. .. t , ^ lo ^\ M : awoifol ?<& iz yi oj sn ca Bojoaaa A6TS OF THE GENERAL ASSEMBLY; wol -:<*HA-r. 42. An ACT fcfr the relief of E. H. Mayo. , v t v &j$ oif^ 3H*oi : -?j?iii oJ ..... ...... "fsvY" *-> -- I --f* Vj Passed January 30, 1863. 1. Be it enacted by the General Assembly, That E. H. Mayo, Kjjt Mayo .- of Kanawha county, be, and is hereby released from the payment payment ^ of a of a merchants license imposed upon him for the year 1862.- cense. "%. This act shall be in force from its passage. - l*-~ ;,:;;.- : Commencement, - 1 - - - ** .Vir.-. .Vrr.-5.rw _ . -. . : : .- :, " ~ : vf-tev: "" CHAP. 43. An ACT authorizing the Governor to postpone the May Elections for the year 1863. ;: 1. Ee it enacted by the General Assembly, That if the conven tion and people of the proposed state of West Virginia shall ratify the change in their constitution proposed by congress, then the governor of this commonwealth shall issue his proclamation, sus pending arid postponing, until the fourth Thursday of October, Electiong onthe within the boundaries of the said proposed state, the elections S^^SJJJT appoi-rited by law to b"e held on the fourth "Thursday of May next ; d - ; arid if /the said proposed state, shall within the said period, become one of the United States, such suspension and postponement shall become perpetual. ..oiiiera ^.TC..? %. This act shall be in force from its passage. oprnmencement. CHAP. 44. An ACT for the relief of George Fisher, Commissioner the Revenue for Lewis county. ; .^^;^>;A .-:,i-^.::;^:M 13 & &suw ^Ii Passed January 30, 1863., 1. Be it eriacted by the Gerieral Assembly, That the auditor be, Audit0 r to pay and is hereby directed to issue his warrant in favor of George 2^Sy.five S doi- Fisher, for the sum of seventy-five dollars, to be paid out of- any lar v.. ; .i, l3 tT*a money in the treasury not. otherwise appropriated, being the amount due said George Fisher for services rendered by him as commis- s : ioner, .of the revenue for Lewis county for the year 1861. 2. This act shall be "in force from itsf passage. Commencement. ACTS OF THE GENERAL ASSEMBLY. First district. Second district. CHAP. 45. An ACT to amend the second section of chapter four of the Code of Virginia in relation to districting the State for Representatives in Congress. Passed January 30, 1863. 1. Be it enacted by the General Assembly, That the second Ssction second section of chapter four of the Code of Virginia, be, and the same amended and re- ... . -in nacted. is hereby amended and re-enacted so as to read as follows: "2. The number of members to which this state is entitled in Apportionment the house of representatives of the United States, shall continue of representa- . , ... tires. apportioned amongst the several counties, cities, towns and corpo- NO. of districts, rations of the state arranged into eleven districts, numbered as follows, that is to say : "The counties of Accomac, Northampton, Northumberland, West moreland, Richmond, Essex, Lancaster, Middlesex, King and Queen, King William, New Kent, Gloucester, Matthews, York, JameB City, Elizabeth City, Warwick, Charles City, King George, and Caroline, with a population of 129,201, form the first congressional district. "And the counties of Princess Anne, Norfolk and City, Nanse- mond, Isle of Wight, Southampton, Sussex, Surry, Prince George, Dinwiddie, Greenville, and Brunswick, with a population of 129.901, form the second congressional district. Third district. "Aad the counties of Stafford, Spottsylvania, Orange, Culpeper, Rappahannock, Louisa, Hanover, Henrico, Richmond City, and Goochland, with a population of 133,139, form the third congres sional district. "And the counties of Mecklenburg, Lunenburg, Charlotte, Ap- pomattox, Prince Edward, Nottoway, Buckingham, Cumberland, Amelia, Powhattan, Chesterfield, Fluvanna, Amherst, and Nelson, with a population of 135,829, form the fourth congressional district. "And the counties of Patrick, Henry, Franklin, Pittsylvania, Halifax, Campbell, Bedford, and Roanoke, with a population of 132,680, form the fifth congressional district. "And the counties of Rockingham, Augusta, Rockbridge, High land, Bath, Allegheny, Bottetourt, Albemarle, Page, Greene, Madi son, and Craig, with a population of 131,380, form the sixth con gressional district. "And the counties of Alexandria, Berkeley, Frederick, Shenan- doah, Jefferson, Clark, Warren, Loudoun, Fauquier, Fairfax, and Prince William, with a population of 133,082, form the seventh congressional district. Eighth district. "And the counties of Lee, Scott, Wise, Buckhannon, Russell, Fourth district. Fifth district. Sixth district. Seyenth district. ACTS OF THE GENERAL ASSEMBLY. Washington, Grayson, Smytlie, Tazewell, Bland, Wythe, Carroll, Pulaski, Giles, Montgomery, and Floyd, with a population of 129,- 934, form the eighth congressional district. "And the counties of Ohio, Hancock, Brooke, Marshall, Wetz el, Ninth strict. Tyler, Pleasants, Doddridge, Harrison, Ritchie, Wood, Wirt, Gil- mer, Calhoun, and Roane, with a population of 114,141, form the ninth congressional district. "And the counties of Kanawha, Jackson, Mason, Putnam, Cabell, T < Clay, Wayne, Logan, Boone, Braxton, Nicholas, McDowell, Wyo ming, Raleigh, Fayette, Mercer, Monroe, and Greenbrier, with a population of 117,378, form the tenth congressional district. "And the counties of Taylor, Marion, Monongalia, Preston, Eleventh district Tucker, Lewis, Barbour, Upshur, Webster, Pocahontas, Randolph, Pendleton, Hardy, Hampshire, and Morgan, with a population ef 114,807, form the eleventh congressional district." 2 . This act shall be in force from its passage. Commencement. CHAP. 46. An ACT to incorporate the Citizens Railway Company of the City of Wheeling. Passed January 30, 1863. 1. Be it enacted by the General Assembly, That John L. Hobbs", S. H. Woodward, Chester D. Hubbard, Joshua Bodley, John List, Incorporatora , Robert Crangle, Andrew J. Sweeney, Robert Irwin, or a majority of them be, and they are hereby appointed commissioners to open books for the purpose of receiving subscriptions to the capital stock of the company hereby incorporated, by the name, style and title of NameofCompa- the "Citizens Railway Company," with power to lay out and con-jX ers> struct a railway of single track, and the necessary sidlings and switches, which may commence at any point not farther south than the southern line of Ohio county, and may run through the town of South Wheeling of Fifth street to Denny street, along Denny street to Jacob street, along Jacob street into the city of Wheeling by said street to Chapline street, along Chapline street to First street, along First street to Main street, along Main street to John street, along John street to Market street, along Market street to Madison street, along Madison street to Main street, along Main street to the Martin s Ferry Landing, and from Main street along Madison street across the suspension bridge and along Zane street, and across the the western bridge to the limits of the state of Virginia. The consent of the several corporations through whose streets the consent 3 34 ACTS OF THE GENERAL ASSEMBLY. said railway passes having been first obtained for the use of said streets, and the said company are hereby empowered and author ized to use any other streets of said corporations for their business, when a like consent is obtained. Capital stock. 2. That the capital stock of the said company shall consist of not less than twenty-five thousand nor more than one hundred thousand Shares dollars, which shall be divided into shares of fifty dollars each. 3. That as soon as twenty-five thousand dollars of said stock is subscribed for bona fide, the said commissioners, or a majority of them, may call a meeting of the said subscribers giving at least ten Notice of meet - ( j a y sno ticeofthe time and place thereof, by publication in one or more newspapers published in the city of Wheeling, and if a majority of said stockholders is not represented on that day in person or by proxy, the meeting shall stand adjourned from day to day until a majority of Organization, said stock shall be represented. The stockholders at said meeting shall proceed to organize said corporation, and shall choose by a majority of the votes represented at said meeting by ballot, five directors, all of whom shall be citizens of Ohio county, who shall choose one of their number to be president, all of whom shall serve Terms. until the time fixed in the by-laws for the next annual meeting of the stockholders, or until their successors are regularly and lawfully chosen, that each and every member of said corporation shall be entitled to vote for each share of stock held by him or her ; and that May increase the the directors of said company may at any time increase the capital d stock to the maximum limit of $100,000, and the Weeeling and Bel- may ge mont Bridge Company are hereby authorized and empowered to subscribe. 8U bscribe to said stock to an amount not exceeding $10,000. 4. That as soon as the stockholders shall have elected the direc tors as aforesaid, the said stockholders shall become a body corporate in deed and in law by the name, style and title of "The Citizens Eailway Company," and by said name they shall have perpetual succession with power to make a corporate seal, and the same to alter, modify and renew at pleasure, and to ordain, establish and put in execution such by-laws, ordinances, rules and regulations, as shall appear necessary and convenient for the said corporation and not being contrary to the Constitution of the United States, nor of this commonwealth, and shall be capable of taking and holding their capital stock and the increase of profits, and of purchasing, taking receiving and holding all such real estate and personal property as may be necessary and convenient to enable them to carry on the business and traffic of their said road with economy facility and dispatch, and the same to exchange, barter, sell, let or lease on ground rent, mortgage or lease, or otherwise dispose of at their ACTS OF THE GENERAL ASSEMBLY. 35 pleasure, and of suing and being sued, pleading and being implead- ed by the corporate name, and shall have generally all the rights, privileges, franchises and incidents belonging and appertaining to a corporation, and the right of doing all and every other matter and thing which a corporation may lawfully do. 5. That said company shall not allow the transfer of any share Transfer of stock or shares of stock, except by resolution of the board of directors, until all the instalments have been paid, and if any stockholder shall omit for the space of six months, to pay any instalment which may have been called for, the directors of the company may either declare the share or shares of stock on which th,e instalment or in stalments are unpaid, as aforesaid, to be forfeited, or may at their option, bring suit to recover the said instalment or instalments with interest at the rate of ten per centum per annum, against the per son or persons appearing by their books, to be the owner or owners thereof. 6. That the dividends of so much of the profits of said company Ditidenda. as shall appear advisable to the directors, shall be declared in the months of January and July of each year, and be paid at the office of said company any time after ten day s notice from the time of declaring the same, but said dividends shall in no case exceed the amount of the net profits of said company, so that the capital stock shall never be thereby impaired, and in case the directors shall declare a dividend exceeding the amount of the net profits and thereby impair the capital stock, they shall be held individually liable for all such excess. 7. That the said railway company shall be, and they are hereby Guage of road, required to lay the track of their said road of such a guage as to be most convenient for the use of carriages and buggies passing over the said road, and in all cases the carriage or vehicle following the car shall have the right to the track, and the carriage or vehi cle corning in the opposite direction, shall be required to turn off of the track. 8. That if any person or persons shall wilfully break, remove, destroy, or injure any part of said railway or cars, carriages, station houses, or any buildings or property of said company, or shall, without the consent of said company, wilfully and unnecessarily obstruct or impede the passage on or over the said railway or any ffence? - part thereof, the person or persons so offending shall forfeit and pay for every such offence, the sum of five dollars to the said company, but no such suit shall be brought unless commenced within thirty L lt tiou of days after such offence shall have been committed, and the person or persons so offending, shall be liable, in addition to said penalty, 36 ACTS OF THE GENERAL ASSEMBLY. to action or actions at the suit of the said railway company, for any loss or damage occasioned by his or her/or their acts as aforesaid. Grades of streets 9, The said railway company shall not alter the grade of any street over which the said road passes, without the consent of the corporation through which the said street passes, having first been obtained to the said alteration, and the said railway company shall keep so much of the said streets in perpetual and good repair, as are used by the said company, from the distance of two feet on the outer side of one rail to a like distance on the outer side of the opposite rail of their said track, at the proper expense and charge of the said company, and the said company shall in no case use locomotive engines on said road without first obtaining the consent of the cor poration through which the said railway passes. 10. That the corporations through which the said railway passes rations through shall have power to establish such regulations in said railway, as which the said r . . ? . . j i road passes. may be requisite lor the purpose oi paving, repairing, grading, cul- verting and laying gas and water pipes, in and along the streets used by said company, and to prevent obstructions thereon ; and Tax< the corporation of the city of Wheeling may assess and collect a tax on the cars used by said company on the streets of said city, of a sum to be agreed on between the said company and the said city: provided, the said sum so assessed be not more than at the rate of $25 per annum, for each car used in the said streets ; and the town of South Wheeling, may, in like manner, assess and collect a tax on the cars run through the streets of said town, of a sum not exceeding the rate of $5 a year for each car used in said streets. 11. That no greater fare shall be charged upon the line of said road, east of the Ohio river, than ten cents per passenger, and no greater fare on the line of said road passing over the bridges and island, to the limit of the state of Virginia, than fifteen cents per passenger, and the said railway company are hereby authorized and empowered to transfer and carry to and from any and all points upon the line of said road, baggage, parcels and packages, at such rates as may be fixed by the board of directors of the company. Commencement. ]_2. This act shall be in force from its passage. CHAP. 47. An ACT making an appropriation to rebuild a bridge over Stony River on the North Western Turnpike, in Hardy county. Passed January 30, 1863. 1. Be it enacted by the General Assemby of Virginia, That the sum of thirty-two dollars, be, and is hereby appropriated out of ACTS OF THE GENERAL ASSEMBLY. 37 any money in the treasury, not otherwise appropriated, to be ex- pended by the board of public works for the purpose of rebuilding bridge orer sto- the bridge over Stony river on the northwestern turnpike in Hardy county. 2. This act shall be in force from its passage. Commencement. - CHAP. 48. An ACT appropriating the Capitation Tax for the year 1862, for Educational purposes. Passed January 30, 1863. 1. Be it enacted by the General Assembly, That the auditor of Auditor to agcer public accounts do ascertain as soon as practicable, the amount of tain . amount of r capitation tax capitation tax paid into the treasury for the years 1861 and 1862, ?<* into the / . J , treasury for the from the several counties and the cities and towns having corpora- yars ISGI and tion courts, and set apart the same to the credit of the literary fund for the purposes of education and primary and free schools. 2. The said auditor shall cause the amount thus ascertained by him to have been paid into the treasury, from each county, city, or town having a county or corporation court, to be paid to and ap- ap p Y ie nd * be plied in every such county, city, or town, to the purposes of educa tion in the manner now prescribed by law, and to existing claims lawfully due from said fund for educational purposes, in the order of time in which they were audited and allowed according to law. 3. The money in the treasury of the state, as well as all moneys that may hereafter come into the treasury, derived either from fines, forfeitures or dividends on stocks standing in the name of the lit erary fund, as well as interest on loans due the same, shall consti tute part of the general fund of the state : provided however, that Proviso, the general assembly, w r hen the cities, towns and counties of the state are in condition to use the same, be refunded and distributed as the general assembly shall think just and proper. 4. This act shall be in force from its passage. Commencement. CHAP. 49. An ACT staying the collection of certain debts. Passed January 30, 1863. 1. Be it enacted by the General Assembly of Virginia, That no writ of fieri facias, order, or other process issued under any judgment or decree heretofore rendered by any court of this com monwealth, or justice of the peace, nor that may be hereafter ren- 38 ACTS OF THE GENERAL ASSEMBLY. dered by any such court or justice, shall be placed in the hands of any sheriff or other officer to be levied, while this act shall re- had 8 undr ai^y ma i n ^- n ^Tce, HOT shall there be any sales under any deed of trust he?etofore trU exe- heretofore recorded, without the consent of all the parties thereto, cuted. nor lin( ler any decree or judgment since rendered or that may be hereafter rendered, except as otherwise herein provided for, and in any case where a levy has been made previous to the passage of Property to be this act, the property so levied on shall be returned to the owner^ returned to OWQ- an( j ^ e judgment, under which the levy was made, shall be a lien Lien> on all the property both personal and real, of the debtor, and shall have priority over all other judgments as to the personal property of such debtor. 2. Be it further enacted, that any person may sue for any debt, and maintain any action at law or in equity, and proceed to judg ment therein, and any judgment, execution, order or decree now issued or rendered, or that may hereafter be rendered, shall, in ad dition to the provisions of chapter one hundred and eighty-six and one hundred and eighty-eight of the Code of 1860, constitute a lien personal estate, on all the estate, both personal and real of the judgment debtor, from 1 and after the docketing of any such judgment, as is provided for in the third and fourth sections of chapter one hundred and What is included eighty-six of the Code of 1860. This provision shall include all judgments whether rendered by justices of the peace or courts of this commonwealth. 3. In all debts or liabilities accruing before the 26th day of July, 1861, the debtor is required, upon the demand of the creditor, to to e pay r th?iilte^pay the interest due thereon within six months after demand thereof eat on demand. an( ^ U p n failure therein, may be proceeded against as if this act had never been passed. 4. Be it further enacted, that in all cases where a lien has been acquired by judgment or decree before any court or justice of the peace of this commonwealth, or by any deed of trust, the creditor may proceed against the debtor, and enforce the collection of his may n enforce the debt, interest and costs, in the same manner as if this act had never conectic " d k een passed: provided however, that such creditor, his assignee, personal representative, agent, or attorney, shall first file with the clerk of the court or justice of the peace, as the case may be, an affidavit that the affiant believes that the debtor in such case in- 9 tends to remove or has removed his effects out of the county where the judgment or decree was rendered, or in which the same is dock- Cted, or if a deed -of trust, out of the county where the same is recorded, or that he is fraudulently removing, or disposing of the same, so that it will not be forthcoming and liable to the payment ACTS OF THE GENERAL ASSEMBLY. 39 of the judgment, decree, or deed of trust, as the case may be, at the expiration of this act. But the debtor may contest the Wtd*- ; JJ*5 fjfjj^ tor s right to such proceedings, and upon a motion by the debtor itor s right to r J proceed against to quash the same upon the grounds that he was not removing, nor him - did intend so to remove his effects or fraudulently dispose of the same, as alleged by the creditor, the court or justice of the peace before whom such motion is made, shall, in determining such con troversy be governed by the same rules of law that they are now governed by in determining cases of attachments : provided however, P^ISO, that no sale or barter by any person in the ordinary transaction of his business or calling, shall be deemed to be fraudulent, within the meaning of this section. 5. Be it further enacted, that nothing herein contained shall be construed so as to interfere with or abridge the law now in force in Exce P tion8 - relation to attachments and acts of detinue and trover, nor in rela tion to injuries or torts, nor in relation to actions of ejectment and unlawful entry and detainer, nor in relation to the pros ecution of criminal offences and the collection of fines, taxes, licenses, county levies, and all debts due the commonwealth? but the same may be proceeded in, as now provided for by law> nor shall this act apply to sheriffs, constables, or other public offi cers, either to the state, counties, corporations, or individuals, nor to attornies at law, for moneys collected, nor to debts contracted after the 26th day of July, 1861, nor to debts nor deeds of trust executed after the said 26th day of July, 1861; but payment of and sales under the same may be enforced and proceeded in as if this act had not been passed ; nor shall the time during which this act is in force be computed in any case in which the statute of limitations may come in question: provided however, that the benefits of this act Proviso shall not extend to any person who shall, after the passage thereof, be engaged in levying war against the government of the United States or against the reorganized government of Virginia, adhering to and giving aid and comfort to their enemies, and any judgment creditor may issue his execution and proceed to the collection of such judgment upon making affidavit before the clerk of the court wherein such judgment is recorded or before the justice by whom the judgment was rendered, that such debtor is so engaged, which execution may be quashed at the instance of the defendant upon his showing that the allegations upon which it issued, were untrue, 6. This act shall be in force from the first day of February. 1863, and shall expire on the first day of January, 1864. 40 ACTS OF THE GENERAL ASSEMBLY. CHAP. 50. An ACT changing a place of voting in the county of Morgan. Passed January 31, 1863. piac of holding ^ ^ e ^ enacted by the General Assembly, That the separate lections discon- e l ec tions heretofore authorized to be holden at the houses of linger tinned. o and Humes, in the county of Morgan, be and the same are hereby abolished, and in lieu thereof the elections hereafter to be held for Sng. place r " said places of voting, shall be held at the house of Bazzoc Shockeys, in said county of Morgan, at which election precinct all persons qualified by law to vote, may vote. Commencement. 2. This act shall be in force from its passage. CHAP. 51. An ACT allowing certain claims out of any money de rived from assessment of fines for the non-performance of military duty, under the order of the Governor by his proclamation dated September 9th, 1862. Passed January 31, 1863. 1. Be it enacted by the General Assembly of Virginia, That^the auditor of public accounts be required to pay any claims of any Expenses of mm- county when properly certified by a regimental court, for expenses incurred by said county in organizing and drilling the militia in September, October and November, 1862, under the order of the Governor by his proclamation dated September 9th, 1862, out of any money that may come into the treasury from the assessment of fines against persons in said county for non-performance of military duty in September, October and November, 1862, under the order of the Governor by his proclamation dated September 9th, 1862. Commencement. g. This act shall be in force from its passage. CHAP. 52 An ACT in reference to the troops raised within the boundaries of the proposed State of West Virginia. Passed January 31, 1863. 1. Be it enacted by the General Assembly of Virginia, That the Troops of west troops raised within the boundaries of the proposed state of West Vir- ginia, and now in the service of the United States, shall, when the said proposed state becomes one of the United States, be and become to all intents and purposes the volunteer militia of the state of West ACTS OP THE GENERAL ASSEMBLY. 41 Virginia in the service of the United States, and shall be regulated, governed and officered in the same manner as if they had been raised and organized under the constitution and laws of the state of West Virginia. 2. This act shall be in force from its passage. Commencement. CHAP. 53. An ACT changing the place of holding Elections in Pleasants county. Passed Januarj 31, 1863. 1. Be it enacted by the General Assembly, That the election precint heretofore existing at Pine Grove Meeting House in the second magisteral district, in the county of Pleasants, be and the same is hereby abolished, and in lieu thereof the elections shall be held atT. D. Gorrell s store, in Hebron, in the district and county named, which is hereby made a lawful place of voting. 2. This act shall be in force from and after its passage. Commencement. CHAP. 54. An ACT giving the consent of the State of Virginia to the county of Berkeley being admitted into and becoming part of the State of West Virginia. Passed January 31, 1863. WHEREAS, by the constitution for the state of West Virginia, rati- preamble, fied by the people thereof, it is provided that additional territory may be admitted into and become part of said state with the con sent of the legislature thereof, and it is represented to the general assembly that the people of the county of Berkeley are desirous that said county should be admitted into and become part of the said state of West Virginia; now, therefore, 1. Be it enacted by the General Assembly, That polls shall be Polls to be open- opened and held on the fourth Thursday of May next at the several ed places for holding elections in the county of Berkeley, for the pur pose of taking the sense of the qualified voters of said county on the question of including said county in the state of West Virginia. 2. The poll books shall be headed as follows, viz: "Shall the P O U books, county of Berkeley become apart of the state of West Virginia," and shall contain two columns, one headed "aye" and the other "no," and the names of those who vote in favor of said county becoming part of the state of West Virginia shall be entered in the first col- 42 ACTS OF THE GENERAL ASSEMBLY. umn, and the names of those who vote against it shall be entered in the second column. 3. The said polls shall be superintended and conducted accord ing to the laws regulating general elections, and the commissioners Superintendance superintending the same at the court-house of the said county, shall within six days from the commencement of the said vote examine and compare the several polls taken in the county, strike therefrom any votes which are by law directed to be stricken from the same, arid attach to the polls a list of the votes stricken therefrom and the reasons for so doing. The result of the polls shall then be ascer tained, declared and certified as follows : The said commissioners shall make out two returns in the following form, or to the following Form of returns, effect : "We, commissioners for taking the vote of the qualified voters of Berkeley county on the question of including the said county in the state of West Virginia, do hereby certify that polls for that purpose were opened and held the fourth Thursday of May, in the year 1863, within said county pursuant to law, arid that the follow ing is a true statement of the result as exhibited by the poll books, viz : for the county of Berkeley becoming part of the state of West Virginia, votes ; and against it, votes. Given under our hands this day of , 1863 ;" which returns written in words, not in figures, shall be signed by the commissioners; one of the said ^rnT 5 arT 1 ?ob e e re t urns sna ^ ^ e filed in the clerk s office of the said county, and the filed - other shall be sent under the seal "of the secretary of this common wealth within ten days from the commencement of the said vote, and the governor of this state, if of opinion that the said vote has been opened and held, and the result ascertained and certified pursuant to law, shall certify the result of the same under the seal of this state to the governor of the said state of West Virginia. 4. If the governor of this state shall be of opinion that the said polls cannot be safely and properly opened and held in the said county, postpone opening of Berkeley on the fourth Thursday of May next, he may by procla mation postpone the same, and appoint in the same proclamation or by one to be thereafter issued another day for opening and hold ing the same. 5. If a majority of the votes given at the polls opened and held When said couu- pursuant to this act be in favor of the said county of Berkeley be- ty may become - 1 - ^ part of the new coming part of the state of West Virginia, then shall the said county become part of the said state of West Virginia when admitted into the same with the consent of the legislature thereof. Commencement. r p assa g e . ACTS OF THE GENERAL ASSEMBLY. 43 CHAP. 55. An ACT for the relief of Solomon Parsons, of the county of Tucker. Passed February 3, 1863. 1. Be it enacted by the General Assembly, That the auditor of d ^ r r rant public accounts, be, and is hereby directed to issue his warrant in favor of Solomon Parsons, for the sum of twenty-seven dollars and fifty-four cents, to be paid out of any moneys in the treasury, not otherwise appropriated; said sum of money being the amount paid into the treasury by said Solomon Parsons as taxes upon license for the years 1861-2, which license, owing to repeated raids of rebel soldiers into the county of Tucker, he has been prevented from using. 2. This act shall be in force from its passage. Commencement. CHAP. 56. An ACT changing a place of voting in the county of Jackson. Passed February 3, 1863. 1. Be it enacted by the General Assembly, That the place of change of place voting known as the Sandyville precinct, in the county of Jackson, be and the same is hereby changed to the house of Warrin Reeds in said county, and that hereafter it shall be lawful to open polls for voting at the house of said Warrin Reeds instead of the Sandy ville precinct. 2. This act shall be in force from its passage. Commencement. CHAP. 57. An ACT to regulate the election of officers by the Council of the city of Wheeling. Passed February 3, 1863. 1. Be it enacted by the General Assembly of Virginia, That all A n officers to be officers which now are, or hereafter may be, required by acts of the b^iiot!^ by J int legislature to be elected by the council of the city of Wheeling, shall be elected by joint ballot of the first and second branches of said council, a quorum of each branch being present, or in such other mode as shall be prescribed by the ordinances of said city. 2. This act shall be in force from its passage. Commencement. 44 ACTS OF THE GENERAL ASSEMBLY. CHAP. 58. An ACT to confer upon the President of the second branch of the Council of the City of Wheeling the power to ad minister oaths. Passed February 3, 1863. President to ad- 1. Be it enacted by the General Assembly of Virginia, That minister oaths. .. -%.* i ., . the president of the second branch 01 the council of the city of "Wheeling, for the time being, shall be, and he is hereby constituted a justice of the peace so far as administering oaths is concerned within the limits of the said city: provided that he shall not sit as a justice in the county court of Ohio county. Commencement. 2. This act shall be in force from its passage. CHAP. 59. An ACT for the relief of Henry Snider. Passed February 3, 1863. Henry snider re- ! -^ e ^ enacted by the General Assembly of Virginia, That leased from fine. Henry Snider, of Marshall county, be and he is hereby released from the payment of a fine of one hundred dollars, assessed against him by the county court of said county of Marshall at the November term, 1859, of said county court. Commencement. 2. This act shall be in force from its passage. CHAP. 60. An ACT to provide for the payment of certain volun teers in companies A and B, of the 10th Virginia Regiment Vol unteer Infantry, for services rendered not paid for. Passed February 3, 1863. 1. Be it enacted by the General Assembly, That the auditor of " public accounts, be, and the same is hereby authorized to pay out of tain Toiuuteern. ^ Q treasury, out of any moneys not otherwise appropriated, a sum suffi cient to pay, at the rates of thirteen dollars per month, to James Smallridge, William Smallridge, and William Hyre of company B, 10th Virginia regiment volunteer infantry; also, to James Pickens and Thomas Cunningham of company A, of said regiment, for actual services rendered as state volunteers, from the time they were sworn into the state service to the time when the same were mus tered out of the service by an officer ot the United States, because of over age, receiving no pay for faithful services rendered. 2. Provided, that on applications for pay by any of said volun teers for any such service rendered, that the same shall be required (by either themselves, heirs, agents, or attorneys, as the case may ACTS OF THE GENERAL ASSEMBLY. 45 be,) to furnish satisfactory evidence to the governor, of the time and faithful performance rendered in the volunteer service of the state by each volunteer so applying for pay, and when the governor shall be satisfied, upon such evidence as may be produced, that any of the said volunteers are entitled to pay for service so rendered, that he may order the same to be paid in accordance with the pro visions of this act, and said order shall be a sufficient voucher to the auditor for any such moneys paid by him. 3. This act shall be in force from its passage. Commencement. CHAP. 61. An ACT imposing a Tax on Dogs. Passed February 3, 1863. 1. Be it enacted by the General Assembly, That it shall be law ful for the several county courts of this commonwealth, all the magis trate s being first summoned for this or any other purpose, and a majority being present, to levy a tax on dogs owned or kept in their TO impose a tax respective counties; and it shall be the duty of the commissioners of the revenue, provided the county courts shall so order, of the Proviso, respective counties, to list annually all dogs in their districts and make return thereof to said courts, and the names of the owners arranged in alphabetical order, at the May or June terms of said courts. 2. Every house-keeper may be allowed one dog free of tax, and ^^ p d e " al " for every additional dog there shall be a tax of not less than one nor more than two dollars, 3. The taxes so levied shall be paid by the persons respectively in whose names the dogs shall be listed ; and the owner or occupier e to of any house, lot, or plantation, about or upon which any dog may be kept or permitted to remain, shall be deemed, for the purposes of this act, tjie owner of such dog or dogs. 4. If any person shall conceal his dog or send him to any place for the purpose of avoiding the tax, he shall pay a fine of five dol- Fine * lars, recoverable before any justice of the peace for the county, with costs. 5. Every person when called on by the commissioner of his dis trict, shall disclose on oath the number of dogs owned by him, or kept or permitted to remain about any house, or upon any lot or on oath plantation in his occupancy or under his control ; and such oath shall be administered by the commissioner. 6. The taxes imposed upon dogs under this act, shall be collected HOW taxes cci- and accounted for by the sheriffs of the respective counties, as county cSmtedfcfr. * c% 46 ACTS OF THE GENERAL ASSEMBLY. levies are by law directed to be collected and accounted for ; and to Duty of courts, this end it shall be the duty of the courts on or before the July term of each year to cause a list to be delivered to the sheriffs, containing the names of all persons charged with a dog tax, and showing the amount assessed severally against each. Lists. 7. The courts of the several counties shall cause a list or lists containing the names of all persons failing to pay the dog tax assessed against him to be delivered to the constables of the several districts in which they respectively reside, with the number of dogs listed to, and the amount of tax assessed severally against each, for which such constable shall give his official receipt to the court, and it shall be the duty of the constable upon receiving such list forthwith to Demand. make a demand upon the delinquent party for the payment of such tax, and upon the failure to pay over the tax that may be assessed Duty of consta- against such delinquent party, it shall be the duty of the constable "forthwith to search out and kill every dog in respect to the tax on which the owner shall be delinquent. Any person who shall conceal a dog for the purpose of avoiding the provisions of this section shall Fine. pay a fine often dollars, recoverable before any justice in and for the county, with costs. 8. Every such sheriff or constable receiving such lists as are mentioned in the two preceding sections, shall settle and pay over, on or before the first day of January of each year, to the persons appointed to receive the same, all moneys due from the said tax on dogs of the preceding year, after deducting the delinquents and commission of seven and a half per centum ; and they shall make Returns, how to due return to the county courts of the March term of each year, of the manner in which they have discharged their duties respecting the same, and shall be liable for the tax assessed upon every dog enumerated in such lists as they shall fail to return a satisfactory account of to the court. Fee for killing 9. The constable shall receive fifty cents for every dog they may HOW paid, kill under the provisions of the eighth section, to be paid out of the dog tax, or county levy, and they and their securities shall be liable on their official bonds, upon motion in said courts, for any money received by them, or which they may be liable to pay by virtue of this act. 10. The commissioners of the revenue and clerks shall be allowed FCC for labor in a reasona ble compensation for their labors in listing and furnishing listing and fur- nhing copies of C0 pi e8 O f \{ B ^ to the sheriffs and constables, to be fixed by the courts of the several counties. HOW money ri- 11. The money arising from the said tax on dogs, shall, after dog8 defraying the expenses of the execution of the said law, so far as ACTS OF THE GENERAL ASSEMBLY. 47 may be necessary, shall, by an order of the county court, upon sat isfactory evidence be applied to the payment of the owners of all sheep killed by dogs : provided however, that applicants applying Proviso, to be paid for sheep so killed, shall be required to state under oath, that the same was not killed by their own dogs ; the money remain ing shall be applied to county purposes. 12. This Act shall be in force from its passage. Commencement. CHAP. 62. An ACT to amend and re-enact an act passed the 28th day of March, 1861, amending and re-enacting the seventh sec tion of the one hundred and sixty-fifth chapter of the Code. Passed February 3, 1863. 1. Be it enacted by the General Assembly of Virginia, That the Section seren of seventh section of the one hundred and sixty-fifth chapter of the mendod and re. Code of Virginia be amended and re-enacted so as to read as follows: "7. Such attorney in any county or corporation court shall be allowed by the court, such sum as it deems reasonable for public ser vice (for which no other fee or reward is allowed by law) which shall be chargeable to such county or corporation, and in the circuit court shall be allowed by it, where the attorney has no annual sal ary, such sums as it deems reasonable, not exceeding in one year, one hundred and fifty dollars in the circuit court of the county and city of Norfolk, and one hundred dollars in any other circuit court, except that additional allowances may be made by such courts for services rendered at special terms; and except that the attorney for the circuit court of the city of Richmond shall hereafter receive annually the sum of five hundred dollars; and except also, that the attorneys for the commonwealth for the circuit court of Ohio county shall hereafter receive annually the sum of twe hundred and fifty dollars, to be paid half yearly as the present allowance is directed to be paid." 2. All acts and parts of acts coming in conflict with the provis- AH acts or parts ,,-,, f act8 inconsis ions of this act, are hereby repealed. tent>ith this act 3. This act shall be in force from its passage. Commencement. CHAP. 63. An ACT for the relief of the heirs of William P. Rath- bone, deceased. Passed February 3, 1863. WHEREAS, William P. Rathbone, late of Wood county, deceased, Preamble * omitted from his last will any devise or bequest of the bulk of his 48 ACTS OF THE GENERAL ASSEMBLY. estate, whereby the same has descended and passed, under the pro visions of the one hundred and twenty-third chapter of the Cod of Virginia, to his surviving children and the descendants of his deceased children in parcenary ; and whereas, a portion of his real estate so undevised, consists of one equal undivided third part of about six hundred acres of land, situated in Wirt county, on the Little Kanawha river and Burning Spring run, whereof two equal undivided third parts were by said decedent in his life time, granted and conveyed to his sons J. Castelli Rathbone and John V. Rathbone, who have since by deeds, duly recorded in Wirt county, bearing date on the second day of January in the year one thousand eight hundred and fifty-four, made partition as between themselves, so that each is now owner of two equal undivided third parts of a designated moiety of the said six hundred acres of land; and whereas, the said land is the principal locality of petroleum yet discovered in this state, and during the life time of the said dece dent he joined with his sons above named, in several leases of oil rights, having still about eighteen years to run, on various parts of the said land, which consists of detached parcels, and it is unknown whether extensive portions of the said land, on which no wells have yet been bored, will yield petroleum, or in what quantities; and whereas, the heirs of the said decedent comprise children, grand children and great grand-children, some of the second, and all of the last being minors under the age of twenty-one years, and residing in the state of New York and in England ; and whereas, a partition in kind of the said land cannot be equitably made, and a sale of the same for the purpose of effecting a partition would be injurious to the interests of all the said heirs, and particularly of said minors, and unless some arrangement can be speedily made by which the pe troleum and other products of the said land can be availed of, all of them will remain without any considerable increase therefrom and the public be deprived of the benefits of a valuable production; and whereas, the said John V. Rathbone heretofore agreed to grant and convey to Johnson N. Carnden and other parties hereinafter named, one-half of his undivided two-thirds of a moiety of the said land, all of whom, except the said Camden and John J. Jack son, Jr., are now in the service of the so-called confederate states, or voluntarily residing within their actual jurisdiction and yielding them allegiance, the greater portion of their agreed purchase money being unpaid, and their purchase subject to sale under their ven dor s lien; and whereas, the adult heirs of the said decedent, inclu ding the said J. Castelli Rathbone and John V. Rathbone, and the guardian and father and grand-father of the said minor heirs, act- ACTS OF THE GENERAL ASSEMBLY. 49 ing on this behalf so far as he may, as to their respective interests in the said land, and the said J. Castelli Rathbone as to his undivi ded two-thirds of a moiety of the said land, have agreed to form and constitute a joint stock company for the better management and improvement of their interests and estate in said land : and whereas, the courts cannot grant adequate relief in the premises, Therefore, 1. Be it enacted by the General Assembly of Virginia, That James Cook, John R. Murdock, and Hugh P. Dills, are hereby ap pointed commissioners to set off by metes and bounds, and to allot Commissioners, to the said John V. Rathbone and his said vendees, to-wit : Johnson N. Oamden, John J. Jackson, jr., William J. Bland, William L. Jackson, Gideon D. Camden, R. S. Andrews and B. H. Byrne ? having regard to quantity and quality and estimated value, two equal undivided third parts of that moiety of the above described six hundred acres of land, his interest in which the said J. Castelli Rathbone partitioned, granted and released to the said John V. Rathbone, as aforesaid, and in a like manner set off and allot to the Rathbone Petroleum company, hereby incorporated, the residue of the said six hundred acres of land. 2. Upon the completion of the partition and allotment hereby authorized and directed, the said commissioners shall cause to be Commissioners prepared a sufficient deed or deeds granting and assuring to the parties to whom said land shall be so partitioned and allotted, their respective portions and parcels thereof with proper covenants of warranty and relinquishment of dower; upon the execution and acknowledgment for record whereof by or on part of all the adult heirs of the said decedent, their wives and husbands, and by the commissioner first named in the preceding section, who is also ap pointed a commissioner for this latter purpose for and on behalf of all minor heirs of the said decedent, and also for and on behalf of the vendees of the said John V. Rathbone, their heirs and assigns, to-wit: Johnson N. Camden, John J. Jackson, jr., William J. Bland, William L. Jackson, Gideon D. Camden, R. S. Andrews, and B. H. Byrne, the partition and allotment hereby authorized and directed shall be binding in law and equity on all the parties thereto, but without prejudice to the rights of any other person or persons. 3. The said heirs, to-wit : J. Castelli Rathbone, John V. Rath- bone, Samuel B. Rathbone, William Van Allen Rathbone, Ellen S. Frost (wife of Daniel Frost), Rathbone Van Winkle, Godwin Van Winkle, Mary V. Blackford (wife of J. Graham Blackford), Hoff man Atkinson, Edward S. Atkinson, Jerome Gill Atkinson, George M. Atkinson, John H. Morrison, Mary A. Morrison, and Richard 4 50 ACTS OF THE GENERAL ASSEMBLY. incorporated. Capital Btock. R. Morrison, their respective executors, administrators and assigns, are hereby incorporated into a joint stock company by the name of the Rathbohe Petroleum Company, for the purpose of raising to ^ Q sur f ace> manufacturing, preparing for and transporting to mar ket, selling and otherwise disposing of the mineral and other pro ducts of their interest and estate in the said land, and may devise -and lease for terms not exceeding twenty-years, any parts or parcels of their said land, with the privilege to their lessee of boring for .and obtaining therefrom petroleum and other products thereof, reserving the rents in kind or otherwise. The said company shall be governed by the provisions of the fifty-sixth and fifty-seventh chapters of the Code of Virginia (excepting the thirty-second and the first clause of the thirty-fifth section of the latter,) so far as the same are applicable and are not inconsistent with any provis ions of this act. 4 The capital stock of the said company shall consist of one thousand and fifty shares of one hundred dollars each, which shall be apportioned and assigned as follows, to-wit : to the said J. Cas- telli Rathbone, six hundred shares; to the said John V. Rathbone, Samuel B. Rathbone, William Van Allen Rathbone, and Ellen S. Frost, each seventy-five shares; to the said Rathbone Van "Winkle, Godwin Van Winkle, and Mary V. Blackford, each twenty-five shares; to Hoffman Atkinson, fifteen shares, and to John P. Atkin son, who is hereby appointed a trustee for the purposes of this act, the residue of the said shares, to have and hold the same in trust for his minor children and grand-children until they respectively attain the age of twenty-one years, and then to assign and transfer to each the shares owned by him or her, or in the event of the death of either before attaining such age, then to assign and trans fer the shares of such decedent to his or her heirs, executors or ad ministrators, that is to say: he shall hold in trust as aforesaid, for the use and benefit of his children, the said Edward S. Atkinson, Jerome Gill Atkinson, and George M. Atkinson, each fifteen shares, and of his grand-children, the said John A. Morrison, Mary A. Morrison, and Richard R. Morrison, each five shares, and the said company shall have power from time to time, by a majority of two- thirds of the votes cast at any annual or special meeting of the stockholders thereof, to increase their capital stock by the addition of so many shares as the same majority may agree to allow and issue for any portion or portions of the said six hundred acres of land, not theretofore owned by them, which may be duly granted and conveyed to them, and may hold and use the land so acquired, for the purposes of this incorporation. At all general meetings and ACTS OF THE GENERAL ASSEMBLY. 51 elections each stockholder may in person or by proxy, cast one vote for each share of stock owned by him or her, and the said trustee may in like manner, cast one vote for each share of stock held by him in trust, as aforesaid. 5. For the purpose of facilitating the transportation of their productions and [ manufactures to market, the said company may -,!-, Said company procure, own and use such steam and other vessels and vehicles as authorised to use , , , ., steam and other they may deem necessary; they may also subscribe lor, purchase resseis and re- , ,,,, . . , , ,, ~ hides necessary and own such amount 01 the capital stock ol any company incorpo- for their business ted for the purpose of improving the navigation of the Little Ka- nawha river, or for constructing a railroad or turnpike to or from the land owned by them, as may be authorized by two-thirds of the votes cast at any annual or special meeting of the stockholders, but the said company shall not purchase or hold any other land than is herein authorized, except so much as may be necessary for sites for their manufactories, work-shops, warehouses, yards for the storeage of their products, and wharves for the use of the vessels owned or employed by them. 6. This act shall be in force from its passage, but is to be sub- Commencement. -, P Mft y be altered. ject to be altered, amended or repealed by any future legislature, amended or re- CHAP. 64. An ACT imposing Taxes for the Support of the Gov ernment. Passed February 3, 1863. TAXES. 1. Be it enacted by the General Assembly, That the taxes on Taxe3 the persons and subjects in this act mentioned, or required by law to be listed or assessed, shall be yearly, as follows : On Lands and Lots. On tracts of lands and lots, with the improvements thereon, not Amount of taxa- exempt from taxation, thirty cents on every hundred dollars value thereof; and herein shall be included all tracts of lands and lots, with the improvements thereon, not exempt from taxation, of incor porated joint stock companies, savings institutions and insurance companies. On Personal Property. 2. On all of the personal property, moneys and credits required by law to be listed and not exempt from taxation, except slaves, ----- D ""- thirty cents on every hundred dollars value thereof; and herein nSs and cram*, shall be included all the capital invested or used in any manufac* 52 ACTS OF THE GENERAL ASSEMBLY. tnring business except gas companies, where the assessment shall be on the value of such property invested or employed in any trade or business except agriculture, for which no license is required, and all the personal property and moneys of incorporated joint stock com panies, except the moneys and personal property that constitute part of the capital of the banks, and except the moneys and personal property of savings institutions and insurance companies which have declared dividends within one year preceding the first day of Feb ruary ; and the words "moneys and credits" shall be construed to include all moneys and credits owned by any resident in this state, whether such moneys or credits are within or without the state. On Slaves. Onsiavee. 3. On every slave over twelve years of age, whether exempted from county levy in consequence of bodily infirmity or not, ninety cents; and herein shall be included all slaves over twelve years of age, owned or hired by any company, institutions or persons what soever. On Free Negroes. On free negroes. 4. On every male free negro who has attained the age of twenty- one years, sixty cents. White Males. White males. 5. On every white male*inhabitant who has attained the age of twenty-one years, sixty cents. On Public Bonds. Public boi.ds. 6. On the interest or profit which may have been received by any person, or converted into principal so as to become an interest bearing subj ect, or otherwise appropriated, within the year next preceding the first day of February of each year, arising from bonds and certificates of debt of this or any other state or country, or of any corporation created by this or any other^state, whether the stock of such com pany be exempt from taxation or not, five per centum. Dividends of Savings Institutions and Insurance Companies. DiTidends of sa- 7. On the dividends declared within the year preceding the first Tings institu- , ^-ni t t t L- ^ tions and insu- day of February, by savings institutions and insurance companies, 168 to be paid by such institutions and companies into the treasury re spectively, five per centum. On Incomes and Fees. Incomes and.feee 8. On the income or fees received during the year preceding the first day of February of each year, in the consideration of the dis charge of any office or employment in the service of the state, or in consideration of the discharge of any office or employment in the service of any corporation, or in the service of any company, firm, or person, except where the service is that of a minister of the gospel, ACTS OF THE GENERAL ASSEMBLY. 53 three-fourths of one per centum if the same be more than two hun dred and fifty dollars and not more than five hundred dollars, one per centum if the sum be more than five hundred dollars and not more than a thousand dollars ; and one and a half per centum if the Tax pft yabie by sum be over one thousand dollars. The tax payable under section by an officer of the government receiving a salary out of treasury, shall be deducted at the time the salary is audited and 8 * 1 * 1 " 7 paid. Bridges and Ferries. 9. On the yearly rent or annual value of toll bridges and ferries ToU bridges and other than those toll bridges and ferries exempt by their charter ferries - from taxation, four and a half per centum. ON LICENSES. Ordinaries. 10. The tax on licenses shall be as follows : On a license to keep an ordinary or house of public entertainment, jjjngcj if 8 ub?i d thirty dollars; and if the yearly value of such house and furniture entertainment - exceeds one hundred dollars and is less than two hundred dollars, the tax shall be forty dollars; and if the yearly value thereof exceeds two hundred dollars, there shall be added to the last mentioned sum twelve per centum on so much thereof as exceeds two hundred dollars. Private Entertainment and Houses of Public Resort. 11. On a lincense to keep a house of private entertainment or a Houses of pri- private boarding house, five dollars; and if the yearly value of such meat and public house and furniture exceeds fifty dollars and is less than one hun dred dollars, the tax shall be ten dollars. If the yearly value there of exceeds one hundred dollars, there shall be added to the last mentioned sum, eight per centum on so much thereof as exceeds one hundred dollars. But no house shall be deemed a private boarding house with less than five boarders. Eating Houses. 12. On every license to keep a cook-shop or eating-house, fifte en cook shops and dollars; and in addition thereto twelve per centum on so much of ea1 the yearly value thereof as exceeds one hundred dollars. Bowling Alleys and Billiard Tables. 13. On every license permitting a bowling alley or saloon to be Bowling alleys, kept for a year, fifty dollars; provided that where there is more than one such alley kept in any one room, fifteen dollars each shall be charged for the excess over one. 14. And on every license permitting a billiard table to be kept B iiiiard tables. for a year, one hundred dollars ; provided that where there is more then one such table kept in any one room, fifty dollars each shall be 54 ACTS OF THE GENERAL ASSEMBLY. Livery stables. Distilleries. charged for the excess over one table: provided that if such billiard table, bowling alley or saloon is not kept open more than four months in any one year, the taxes thereon shall be only one-half of these rates. Bagatelle Tables. Bagatelle tables. 15. On every license permitting a bagatelle or other like table to be kept for one year or any less time, twenty dollars for the first, and if more than one, ten dollars for the second, and five dollars for each additional table kept in the same house. Livery Stables. 16. On every license to a keeper of a livery stable, seventy-five cents for each stall thereof; and therein shall be included as stalls, such space as may be necessary for a horse to stand, and in which a horse is or may be kept. Distilleries. 17. On every license to the proprietor of a distillery, if a begin ner, the tax shall be fifteen dollars ; and if said distillery is to be kept in operation as much as four months in the year, the tax shall be twenty-five dollars; if for six months, thirty dollars; if for nine months, forty-five dollars; if for a longer time than nine months, seventy-five dollars ; and if such distillery has been kept in opera tion as much as four months in the year next preceding the time of obtaining such license, the proprietor thereof shall pay, in addition to the tax imposed on beginners, four-tenths of one per centum on the amount of sales of such distillery for the twelve months next preceding the time of obtaining such license. Merchants. 18. On every license to a merchant or mercantile firm, where a specific tax is to be paid, forty-five dollars : provided that if the capital employed by said merchant or firm be shown by affidavit to be less than five hundred dollars, the tax to be paid shall be eight dollars ; but this provision shall not authorize any such person to Sale of liquors, sell wine, ardent spirits or a mixture thereof; and when the tax is in proportion to the sales, if the table sales shall be under one thou sand and one dollars, the tax shall be fifteen dollars; if one thou sand and one and under fifteen hundred dollars, eighteen dollars; if fifteen hundred dollars and under twenty-five hundred dollars, twenty-four dollars; if twenty-five hundred dollars and under five thousand dollars, thirty-six dollars; if five thousand dollars and under ten thousand dollars, fifty-seven dollars; if ten thousand and under fifteen thousand dollars, seventy-two dollars; if fifteen thou sand and under twenty thousand dollars, eighty-four dollars; if twenty thousand and under thirty thousand dollars, one hundred Merchants. ACTS OF THE GENERAL ASSEMBLY. 55 and five dollars; if thirty thousand and under fifty thousand dol lars, one hundred and fifty-six dollars ; if over fifty thousand dollars ; eight dollars for every ten thousand dollars excess over the said sum of fifty thousand dollars. Merchants Permission to Sell Liquor. 19. 4 And in every case in which the license to a merchant or liquor, .mercantile firm includes permission to sell wine, ardent spirits or a mixture thereof, porter, ale or beer, by wholesale and retail, or by retail only, if such merchant or firm (commencing business for the first time) sell by wholesale and retail, an additional tax of seventy- five dollars; and if by retail only, thirty dollars ; and if such license be to a merchant or mercantile firm to continue the privilege of sell ing wine, ardent spirits or a mixture thereof, porter, ale or beer, if by wholesale and retail, or by retail only, the tax shall be three- fourths of one per centum on the amount of such sales for the year next preceding the time of obtaining said license, in addition to the specific tax imposed on beginners; but such sales shall not be esti mated in ascertaining the amount of a merchant s license. Merchant Tailors, Lumber Merchants, Ice and Fuel Dealers. 20. Merchant tailors, lumber merchants, dealers in coal, ice or fu^be^mer- 01 " 3 wood, shall obtain license as merchants, and be assessed and taxed c and fuel thereon as otfier merchants are by the preceding sections of this act, snd shall be subject to like penalties for conducting such business without a merchant s license. Commission or Forwarding Merchants, Tobacco Auctioners or Ship Brokers. 21. The tax on every license to a commission merchant, forward- ing merchant, tobacco auctioner or ship broker, shall be thirty dol- lars, if commencing business ; and if to continue such business after the same has been carried on for a year, the tax on such lincese shall be one and one-half per centum on the amount of commissions re ceived ; and this tax shall be in addition to such tax as may be im posed on a license to such merchant or firm to sell any goods, wares or merchandize. Auctioneers. 22. On every license to an auctioneer or vendue master com- Auctioneers, mencing business, twenty dollars; and if the place of business be in a town containing a population of three thousand inhabitants, twen ty-five dollars; if the population exceeds three thousand, an addi tional tax of twelve dollars for every thousand persons above that number, and at that rate for any fractional excess less than one thousand; and said specific tax shall in no case exceed three hun dred dollars. On every license to an auctioneer who deals exclu- 56 ACTS OF THE GENERAL ASSEMBLY. sively in real-estate, one hundred and eighty-eight dollars, and he shall have the right to sell real-estate at auction or otherwise. On every license to an auctioneer or vendue master to continue the busi ness after the same has been carried on for a year, three-fourth of one per centum on the amount of taxable sales of such auctioneer or vendue master, but in no case shall the tax on such sales exceed seven hundred and fifty dollars; provided the tax to be paid by auctioneers for the sale of molasses and sugar, shall in no case ex ceed four hundred dollars for such sales; but the tax on sales of other articles shall not be affected by this provision. Sample Merchants. Sample merch ts 23. On every license to a person selling goods by sample, card or otherwise, except at some storehouse or place of trade, one hun dred and fifty dollars ; but such sales made at such storehouse shall subject the person doing business at such storehouse to the tax re quired to be paid by a merchant. Patent Eights and Patent Medicines. Patent rights. 24. On every license to sell or barter patent rights, twenty dol- PatentMedicines lars ; patent, specific or quack medicines, if by wholesale, forty dol lars; if by retail only, twenty dollars, unless he have a merchant s license. Agents for Panting Houses and Hiring Ncgroe$. rent " ^ ^ n evei T license to a person engaged as agent for the renting of houses, twenty dollars. Agents for hiring 26. On every license to a person engaged as agent for the hiring negroes. J or negroes, forty dollars. Stallions. asses?" 8 &nd 27 - On evei T license to the owner of a jackass or stallion, for the service of which compensation is received, twice the amount of such compensation, when the charge is for such service by the sea son; and where such services are for less than a season, then twice what a commissioner may judge to be a reasonable charge therefor. The tax, however, in no case to be less than ten dollars. Theatrical Performances, Sale of Refreshments in Theatres. Theatrical per- 28. On every license permitting theatrical performances, public show, exhibition, concert or other performance in a public theatre or elsewhere, six dillars each week of such performances, notwithstand ing the owner of the place of exhibition shall have paid the license tax above required. Refreshments in 29. On every license permitting the sale of refreshments in a theatre during such performances, seventy-five dollars for each place of sale, and no abatement shall be made if the privilege be exercised for^a period less than one year. ACTS OF THE GENERAL ASSEMBLY. 57 Public Rooms and Shows. 30. ,0n every license permitting the proprietor or occupier of Public rooms, any public room fitted for public exhibitions, to use the same for such purposes for a year, fifteen dollars, if such room be in a town of less than five thousand inhabitants; thirty dollars if in a town of more than five thousand and less than ten thousand inhabitants ; and forty-five dollars in all other towns; and in addition to these rates there shall be added to said license tax thirty cents on every hun dred dollars value of such rooms or buildings, provided such rooms and buildings are not otherwise assessed. 31. On every license permitting any public show, exhibition or Shows, performance, except where held in a room licensed under the pro visions of the preceding section of this act, if in a corporate town, or if within five miles thereof, for each time of performance, ten dol lars ; if elsewhere, five dollars ; and for every exhibition of a circus, if within a corporate town, or within five miles thereof, thirty dollars ; if elsewhere, fifteen dollars; and for every exhibition of a menagerie, if within a corporate town, or five miles thereof, thirty dollars; if else where, fifteen dollars. All such shows, exhibitions and performan- ces, whether under the same canvas or not, shall be construed to require a separate license therefor, and upon any such shows, exhi bitions, and performance being concluded, so that an additional fee for admission be charged, the same shall be construed to require an additional license therefor. Porter, Ale and Beer. 32. On every license to sell by retail, porter, ale or beer, when porter, Ale or in a city or town the population of which is over eight hundred, fifteen dollars; and all other places, ten dollars, and if they continue for more than one year, an additional tax of three-fourths of one per centum on the amount of taxable sales. Stock Brokers. 33. On every license to a broker who deals exclusively in stocks, stock Brokers . one hundred and eighty-eight dollars; and he shall thereupon have the right to sell the said stocks at auction or otherwise. Bank JVote. Brokers. 34. On every license to a broker employing a capital of ten Ba nk Note Bro- thousand dollars, or a less sum, two hundred dollars; on all sums kers> over ten thousand dollars, two per centum on the capital employed. Foreign Insurance Companies. 35. On every license to an agent or sub-agent of any insurance Foreign Ingn . company not chartered by this state, fifty dollars; and in addition rance;eompanies thereto a tax of one-half of one per centum on the whole amount of premiums received and assessments collected by such agent or sub-agent or company within the state as prescribed by law. 58 ACTS OF THE GENERAL ASSEMBLY. Physicians, Dentists and Lawyers. rsri I) n nmY*Tr lists and lawyers Physicians, Den- 3^ Q n everv license to a physician, surgeon or dentist, five dol lars; and on every license to an attorney-at-law, five dollars. If the yearly income derived from the practice of any such callings or profession during the year next preceding the time of obtaining such license shall exceed four hundred dollars, there shall be an additional tax on the excess, of three-fourths of one per centum, and this income shall be included in the license tax. Dagucrrcan Artists. Daguerrean Gal- 37. On every license to the owner of a daguerrean or such like gallery by whatsoever name it may be known or called, if in a city or incorporated town of less than one thousand inhabitants, ten dollars; if more than one thousand inhabitants, thirty dollars; if elsewhere, eight dollars; and if the yearly income derived from the practice of said art exceeds five hundred dollars in any county, city or town, an additional tax of one and one-half per centum on such excess for the year next preceding the time of obtaining euch li cense ; and such tax shall be imposed whether an artist perform in a gallery or not. Express Companies. Express Compa. 38. On every license to a person or company carrying on an ex press business for compensation, forty dollars; and in addition thereto, every such company shall make a return to the auditor of public accounts on the fifteenth day of January and July in each year of the total receipts of such company, on account of its opera tions within the state of Virginia within the six months preceding the first day of January and July of each year. Such returns shall be verified by the oaths of the agent and chief officers of such com pany, at its principal office or offices in this state, in the manner and according to the form prescribed by the said auditor, whether col lected within or without the state. Such express companies shall pay on the total receipts so reported, a tax of four tenths per cen tum, except for the transportation of bank notes, for which the tax shall be one eighth of one per centum upon the amount of bank notes transported over one hundred miles at any one time, except notes sent by the banks and sheriffs of this commonwealth, and for failure to make such report or pay such tax, a penalty of six hun dred dollars shall be imposed on the company so failing, to be re covered as other penalties are: provided, however, that no license to carry on the express business shall authorize any such company to do the business of a broker. Such license shall give the privilege throughout the state. 39. No express company shall pay any tax on bank notes for- ACTS OF THE GENERAL ASSEMBLY. 59 warded for any resident citizen of this common wealth, unless he be a broker dealing in bank notes. Bank Dividends. 40. On the dividends declared by any bank incorporated by this Ba ^ dividends. state, the tax shall be five per centum upon the amount thereof, to be paid into the treasury by the bank. If the dividend be that of a bank incorporated elsewhere, the tax shall be five per centum upon the amount thereof, to be assessed and collected as other taxes. On Suits. 41. When any original suit, attachment or other action is com- on suits. menced in a circuit, county or corporation court, there shall be a tax of fifty cents; if it be an appeal, writ of error, or supersedeas in a district court, two dollars, and if in the court of appeals, two dol lars and fifty cents. On /Seals. 42. When the seal of a court, of a notary public, or the seal of Seals. the state is annexed to any paper, except in those cases exempted by law, the taxes shall be as follows; for the seal of the state, two dollars; for the seal of a court or a notary public or any other seal, fifty cents; for any other seal, one dollar and fifty cents, except in cases of protests of bills or notes for one hundred dollars or smaller sums, in which cases the tax shall be fifty cents, and herein shall be included a tax on a scroll annexed to a paper in lieu of an official seal. On Wills and Administrations. 43. On the probate of every will or grant of administration, wins and admin- there shall be a tax of one dollar. Deeds. 44. On every deed admitted to record, whether the same has Deedg been recorded before or not, which is admitted to record, there shall be a tax of one dollar. Internal Improvement Companies. 45. Every railroad company or canal company shall hereafter internal im- report quarterly, on the 15th day of March, June, September and December in each year, to the auditor of public accounts, the num ber of passengers transported, and the aggregate number of miles traveled by them within this commonwealth, the gross amount re ceived by such company for transportation of freight over such road or canal, or any part thereof, during the quarter of the year next preceding the first day of the month in which such report is made. Such company, whose road or canal is only in part within the com monwealth, shall report as aforesaid such portion only of such amount received for the transportation of freight, as the part of 60 ACTS OF THE GENERAL ASSEMBLY. the said road or canal which is within this commonwealth, bears to the whole of such road or canal. 46. Such statement shall be verified by the oaths of the presi dent and the superintendent of transportation, or other proper officer. Every company failing to make such report, shall be fined five hundred dollars. At the time of making such report, the company shall pay into the treasury, for every passenger transpor ted, a tax at the rate of one mill for every mile of transportation of each of such passengers, and a tax of one-third of one per cen tum of such gross amount received for the transportation of freight. Every such company paying such taxes, shall not be assessed with any tax on its lands, buildings, cars, boats or other property which they are authorized by law r to hold or have. But if such company fail to pay such taxes at either of the terms specified therefor, then its lands, buildings, cars, boats and other property shall be immedi ately assessed under the directions of the auditor ot public ac counts, by any person appointed by him for the purpose, at its full value, and a tax shall at once be levied thereon as on real estate and other property, to be collected by any sheriff whom the auditor may direct, and such sheriff shall distrain and sell any personal property of such company, and pay such taxes into the treasury within three months from the time when such assessment is fur nished to him. Sale of Horses for profit. Sale of horses, 47. On every license to buy or sell for others on commission or mnles, asses, jen nets, cattle, for profit, horses, mules, asses and iennets, cattle, sheep or hoes, sheep, or hogs. * ten dollars. Carriages and other Vehicles. On Carria esand ^ n ever y license to sell carriages, buggies, barouches, coaches, other vehicles, gigs, wagons, and such like vehicles, manufactured out of this state, forty dollars in each county or corporation. Sale of Slaves. Sales of slaves. 49. On every license to buy or sell for others on commission or for profit, slaves, ten dollars; and on the yearly income derived from such business, an additional tax of one per centum. Commencement. 59. This act shall be in force from its passage. CHAP. 65. An ACT appropriating the Public Revenue for the fiscal year 1862-3, and a part of the fiscal year 1863-4. Passed February 4, 1863. Appropriation of 1. Be it enacted by the General Assembly, That the surplus of nue for the fiscal all appropriations made prior to the 30th September, 1862, and any ACTS OP THE GENERAL ASSEMBLY. 61 and all moneys in the treasury not otherwise appropriated at the l^^^lffs a J* d close of the fiscal year ending September 30th, 1862, as well as all cal y ear lg S-4. moneys that shall come into the public treasury, from and after the 30th day of September, 1862, to the 31st day of December, 1863, shall constitute a general fund and be appropriated for the fiscal year 1862-3, and for the months of October, November and De cember, in the fiscal year 1863-4, as follows : To expenses of general assembly for the extra session com- Expenses of Gen- * eral Assembly, mencing on the 4th day of December, 1862, including pay of officers, printing, stationery, &c., . . $17,000 To salaries of officers of civil government, . . 12,500 ^Jj^J ^ To expenses of the judiciary, including salaries of the eminent. judges, attorneys of the commonwealth, mileage, &c., 10,000 Judiciary. To defray expenses of criminal charges, including witnesses, jurors, and jailor fees, .... 6,000 c ^ minal char " To contingent expenses of the courts of the commonwealth, 5,000 Contingent ex- r . penses of Courts. To expenses of convicts in jail or other places, including Convicts. transportation, ..... 1,500 To expenses of lunatics in jails or in asvlumsin other states, . f .. ,. , -, - , . Lunatics. including transportation and salary, in part, of superin tendent of asylum at Williamsburg, . . 5,000 To salary of adjutant general, .... 1,200 AdjutantGenerai To public printer, . 1,500 Public Printer. To expenses of elections, ..... 200 Elections. To pay of commissioners of the revenue, 10 000 C p mis8 iners ft of Revenue. To expenses of coroner s inquests, ]nn Coroner s in- * quests. To pay of clerks in auditor s office, . . . 1,500 Clerlcs in Audi - r J t tors office. To pay of clerks in treasurer s office, . . . 200 cierksin Treaa - , , ~, urer s office. To pay of clerks in admtant general s omce, . 625 cierks ACIJU- , r J ..* tant General s To pay of janitor for executive s omce, . . . 400 office. To contingent expenses of the offices of the auditor, treasu- Contingent ex- rer and secretary of the commonwealth, including station- tor," Treasurer" ery, fuel, postage, printing, books, &c., . . 2,500 the cSSSt* To> contingent expenses of the adjutant general s office, 500 To civil contingent fund, . . . 15,000 civil contingent fund. To expenses of the convention which is to assemble in the city of Wheeling on the 12th day of February, 1863, in cluding the pay and mileage of its members, the compen sation of its officers, its printing, stationery, fuel, and oth er necessary expenditures, and also including the expen ses of holding any elections which may be ordered by said convention, . x . - . . . 7,000 Expenses of Con- m i / i. rri/ -. vention. To salary of vaccine agent, . s&fP; - . 500 vacci 62 ACTS OF THE GENERAL ASSEMBLY. fey n inStltS f te ins To tiie P rinci P al of Linsley Institute for the use of the build ing during the extra session of the general assembly, commencing December 4, 1862, two dollars and fifty cents per day, ..... . . . . 157 50 sick, wounded & To defray expenses of transporting sick, wounded and dead dead soldiers be- " ^ . r . 5 longing to vir- soldiers belonging to Virginia regiments who are unable to pay their transportation from the fated field or hospi tal, to their homes, said fund to be at the disposal of the governor of the commonwealth, . . . 2,000 Sei-geant-at-^^ ^o sergeant-at-arms of the house of delegates for expenses of Delegates. incurred in preparing the hall for the use of the house of delegates, including cleansing and replacing carpets, re moving and replacing furniture, and use or hire of same, 75 00 Mrs. Tompkins. To pay Mrs. Tompkins for extra labor in the hall of the house, . . . . . . 50 00 tokin ctin care nd ot ^ ex P ense ^ collecting together, putting in order and the arms of the taking care of the arms of this commonwealth, to be al- Commonwealth. lowed by the auditor, upon the certificate of the governor, 1,000 cierk of Senate ^ ^ e c l ei> k f the senate, in addition to his present com pensation, . . . . . 50 00 who not entitled 2. Be it further enacted, that no judge, attorney for the com- ceivea ny money nionwealtli, or other officer in state service, who has not taken the act Tirtue f thi8 oa th required by the ordinance for the re-organization of the state government, or who, after taking and subscribing such oath, shall, by any overt act or by writing or speaking, support and uphold or attempt to support and uphold the usurped government at Rich mond, or the pretended government of the so-called confederate states, shall not be entitled to claim or receive any money by virtue of this act. 3. Be it further enacted, that the unexpended surplus of all appropriations made in the first section of this act, remaining in What moneys the treasury on the first day of January, 1864. and all moneys that shall constitute . J . \ . J . . J , a general fund, may remain in the treasury, by virtue of the provisions of the sec ond section of an act passed February 4, 1863, entitled "an act making an appropriation to the proposed new state of West Vir ginia," as also all moneys now due from the United States to the state for expenses incurred for military purposes, (when collected and paid into the treasury by the governor,) shall constitute a gen eral fund to defray such expenses authorized by law, as are not herein particularly provided for, and to defray the current expenses of the commonwealth for that portion of the fiscal year ending Sept. 30, 1864, not herein specifically provided for. Commencement. 4. This act shall be in force from itB paseage* ACTS OF THE GENERAL ASSEMBLY. 63 CHAP. 66. An ACT authorizing the Governor to arrest disloyal persons as hostages. Passed February 4, 1863. WHEREAS, it is known to the General Assembly, That evil dis- preamble, posed persons and others under the influence and orders of the as sumed rebel government, have made it a practice (and recently, too,) entered West Virginia and seized and carried away citizens into the so-called southern confederacy, and there have detained and imprisoned them without cause, and unless this system of kid napping be promptly checked, such conduct will continue and in crease to the manifest oppression of our loyal citizens, for remedy whereof, 1. Be it enacted by the General Assembly of Virginia, That the governor of this commonwealth is hereby authorized and re quested in all cases of the seizure of the persons of loyal citizens of this state by any parties acting under the authority of the so-call southern confederacy, the pretended state government at Richmond ages * or other military organizations acting in sympathy or concert with them, or either of them, to seize and hold as hostages for the safe rendition of such person or persons so seized and held, so many persons of known disloyal sentiments as in his discretion may be necessary to effect said rendition. 2. This act shall be in force from its passage. Commencement. CHAP. 67. An ACT to amend and re-enact the seventh section of the Ordinance passed June the 19th, 1861, entitled "An Ordi nance to authorize the apprehending of suspicious persons in time of war. Passed February 4, 1863. 1. Beit ena-cted by the General Assembly, That the seventh Section wycn of section of the ordinance passed the 19th day of June, 1861, enti- passed June 19, ., , .. ,. ,*_ . ,, -L T * * 861 > amended tied an ordinance to authorize the apprehending 01 suspicious per- and re-enacted, sons in time of war," be amended and re-enacted so as to read as follows : "7. The powers vested in the governor by this ordinance shall be exercised only upon satisfactory evidence of the necessity of such arrest, based upon oath or affirmation. 2. This act shall be in force from its passage. Commencement. 64 . ACTS OF THE GENERAL ASSEMBLY. CHAP. 68. An ACT transferring to the proposed State of West Virginia, when the same shall become one of the United States, all this State s interest in property, unpaid and uncoil ec ted taxes, fines, forfeitures, penalties and judgments, in counties embraced within the boundaries of the proposed State aforesaid. Passed February 3, 1863. 1. Be it enacted by the General Assembly of Virginia, That all Transfer of pro- Property, real, personal and mixed, owned by or appertaining to this perty. state, and being within the boundaries of the proposed state of West Virginia, when the same becomes one of the United States, shall thereupon pass to and become the property of the state of West Virginia, and without any other assignment, conveyance, transfer or delivery than is herein contained ; and shall include among other things not herein specified, all lands, buildings, roads and other internal improvements, or parts thereof situated within the said boundaries, and now vested in this state, or in the president and directors of the board of the literary fund, or the board of public works thereof, or in any person or persons, for the use of this state to the extent of the interest and estate of this state therein; and shall also include the interest of this state, or of the said president and directors, or of the said board of public works, in any parent bank or branch doing business within the said boundaries ; and all stocks of any other company or corporation, the principal office or place of business whereof is located within the said boundaries standing in the name of this state or of the said president or direc tors, or of the said board of public public works, or of any person or persons, for the use of this state. 2. Be it further enacted, That all unpaid and uncollected arrear- Taxes, fines, for- ages of taxes on lands, town lots, property tax, capitation tax, tians7e 9 r*d. &c license tax, militia fines, fines imposed by courts, forfeitures and penalties, belonging to the state in the hands of sheriffs, collectors or individuals, in any or all of the counties embraced within the boun daries of the proposed state of West Virginia, as also all bonuses on the capital stock of any bank, taxes on the dividends declared by any bank, savings institution or insurance company; dividends on stock owned by the state, or by the board of public works, or the president and directors of the board of the literary fund, in any bank, bridge or other corporation in any one of the counties afore said; also taxes on seals, deeds, wills, writs and other legal processes due from the clerks of the courts, notaries public or the secretary of the commonwealth; taxes on passengers and tonnage due from railroad companies, taxes on bank notes or other property transported by ACTS OF THE GENERAL ASSEMBLY. 65 express companies within the counties aforesaid; also all fines, forfeitures and penalties incurred by railroads, express companies or other parties or persons within the counties aforesaid ; also all judgments, decrees or penalties incurred by officers of the state, railroad or express companies, or other persons before or since the re organization of the state government at the city of Wheeling; also all suits and their results now pending in the name of the board of pub lic works, or of the president and directors of the board of the lit erary fund in any court of any of the counties aforesaid; also all taxes on lands, town lots, property tax, capitation tax, license tax, assessed in the counties aforesaid, and due the state for the year 1863, in the hands of officers of the state or individuals, together with all the rights of the state, or of the board of public works, or of the president and directors of the board of the Literary fund to any and all moneys and claims in the counties aforesaid that may not be specifically mentioned in this act, but that rightfully belong to the state or corporations for the use of the state, shall be the property of the state of West Virginia, when the same shall become one of the United States. 3. It shall be the duty of all sheriffs or collectors of the public revenue, also of all presidents or other officers of railroad, express, bridge or internal improvement companies, presidents and other officers of banks, savings banks and insurance companies, clerks of . What moneys to courts, notaries public, the secretary of the commonwealth, and of in- b paid into the -,..-,! , . , , . , , , , treasury of West dividuals owing or having money in their hands due the state, or Virginia, .the board of public works, or the president and directors of the board of the literary fund, in any of the counties aforesaid, to pay the same into the treasury of the state of West Virginia, when the same shall become one of the United States. 4. Be it further enacted, For the purpose of carrying this act guitstobe into effect, that suits may be brought in the name of this common- brought in the name of the state wealth for the use of the state of West Virginia, when it becomes of west Virginia, one of the United States, on any bond or claim which shall pass to or become the property of the State of West Virginia by virtue of this act. 5. Be it further enacted, That if the appropriations and trans- state of West fers of property, stocks and credits provided for by this act take 7 nt U with* this effect, the state of West Virginia shall duly account for the same i in state. the settlement hereafter to be made with this state: provided that Proviso, no such property, stocks and credits shall have been obtained since the re-organization of the state government. 6. It shall be the duty of the auditor of public accounts, the secretary of state, the treasurer, and the adjutant general of this ornate? ffi ers 66 ACTS OF THE GENERAL ASSEMBLY. commonwealth to procure fit and proper blank books for the purpose, and cause to be transcribed therein true copies of all such records, official acts, orders, minutes and memoranda, and like copies of original papers upon which any such official action was based, which from its locality or general state interest appertains to and will be useful and advantageous to the state of West Virginia; and the officers aforesaid shall severally certify to the governor of this com monwealth the correctness of their respective copies ; and it shall be Duty of Gover- the duty of the governor to certify to all whom it may concern, the official character of such officers so certifying under the great seal of this commonwealth, and deliver all such copies to the gov ernor of West Virginia, when his election is officially declared, for the use of said state of West Virginia. Commencement. 7. This act shall take effect when the proposed state of West Virginia shall become one of the United States. CHAP. 69. An ACT providing for placing a part of the Maryland and Ohio Turnpike under the supervision of the County Court of Marion. Passed February 4, 1863. A portion of the 1. Be it enacted by the General Assembly of Virginia, That so Maryland & Ohio , _ , __ : , , ~, . , ., . & , Turnpike placed much oi the Maryland and Ohio turnpike as runs between the town Tision of the of Mannington in the county of Marion and to the point at which County Court of., ...., , ,..,. ,. . . ., Marioncounty. the said pike crosses the dividing line between the counties or Marion and Wetzel, be placed and the same is hereby placed under the supervision and control of the county court of the said county, and the court of the said county is hereby empowered to lay off the said pike into precincts, and to place the same under supervisors, and the said road, when so precincted and placed under supervisors, shall be worked and controlled as county roads are worked and controlled by law: provided, that nothing herein contained shall be construed so as to transfer any interest which the state may have in the said pike. Commencement. 2. This act shall be in force from its passage. CHAP. 70. An ACT directing in what manner the Commissioners of the Revenue in certain counties shall return their books. Passed February 4, 1863. 1. Be it enacted by the General Assembly of Virginia, That the commissioners of the revenue of this state residing in any of the ACTS OF THE GENERAL ASSEMBLY. 67 counties within the limits of the proposed state of West Virginia, Directing how * <* o > Commissioners after having completed their books and assessments of license for of the Revenue * , *- . . in certain coun- the year 1863, and after having furnished the sheriffs of the said ties sha11 return J & their books. counties with the commissioners books and license lists, shall return the commissioners books and license lists now required by law, to be returned to the auditor of the state, to the auditor of the said proposed state of West Virginia, if the said state shall then be organized and admitted as one of the states of the United States. If at the time when these books are properly returnable to the auditor, the proposed state of West Virginia shall not be admitted as one of the United States, the commissioners of the revenue for the counties aforesaid, shall then return their books as now required by law. 2. This act shall be in force from its passage. Commencement. CHAP. 71. An ACT to amend and re-enact the second and third sections of the third chapter of the Code of 1860. Passed February 3, 1863. 1. Be it enacted by the General Assembly of Virginia, That the The second and second and third sections of the third chapter of the Code of 1860 chapter three of be amended and re-enacted so as to read as follows: amended and re- "2. Whenever a citizen of this state, by deed in writing execu- en ted in the presence of and subscribed by two witnesses, and by them proven in the court of the county or corporation where he resides, or by open verbal declaration made in such court and en tered of record, shall declare that he relinquishes the character of a citizen of this state and shall depart out of the same, such person shall, from the time of such departure, be considered as having exercised his right of expatriation so far as regards this state and shall thenceforth be deemed no citizen thereof. <( 3. When any citizen of this state, being twenty-one years of age, shall reside elsewhere, and in good faith become the citizen of some other state of this union, or the citizen or subject of a foreign state or sovereign, he shall not, while the citizen of another state, or the citizen or subject of a foreign state or sovereign, be deemed gf citizen of this state; and any citizen of this state who shall, after the passage of this act, voluntarily levy war against the United States, or who shall adhere to the enemies of the same, or give them aid and comfort, or who shall, by writing or speaking, profess allegiance or fidelity to the so-called confederate states of America, or who shall resist or oppose by violence, or who shall by writing or 68 ACTS OF THE GENERAL ASSEMBLY. speaking instigate others to resist or oppose by violence, the gov ernment of Virginia as reorganized by the convention which assem bled at Wheeling on the llth day of June, 1861, shall be considered as having expatriated himself so far as regards this state, and shall thenceforth be deemed no citizen thereof." Commencement. 2. This act shall be in force from its passage. CHAP. 72. An ACT making an appropriation to the proposed new State of West Virginia when the same shall become one of the United States. Passed February 4, 1863. 1. Be it enacted by the General Assembly of Virginia, That the Appropriation to sum of one hundred and fifty thousand dollars, be, and is herebv the State of West . , , . ., . TTT . TT . . . ,. ., Virginia. appropriated to the state of West Virginia out of moneys not other wise appropriated, when the same shall have been formed, organized and admitted as one of the states of the United States. 2. Be it further enacted, that there shall be, and hereby is ap propriated to the said state of West Virginia when the same shall be- * P ~ come one of the United States, all balances, not otherwise appropria ted, that may remain in the treasury, and all moneys not otherwise appropriated, that may come into the treasury up to the time when the said state of West Virginia shall become one of the United States: Proviso. provided, however, that when the said state of West Virginia shall become one of the United States, it shall be the duty of the auditor of this state, to make a statement of all the moneys that up to that time, have been paid into the treasury from counties located outside of the boundaries of the said state of West Virginia, and also of all moneys that up to the same time, have been expended in such counties, and the unexpended surplus of all such moneys shall remain in the treasury and continue to be the property of this state. 3. Be it further enacted, that the act passed May 14, 1862, making The act passed an appropriation of one hundred thousand dollars to the state of West Virginia, be, and the same is hereby repealed. Commencement ^* This act shall be in force from its passage. CHAP. 73. An ACT for the relief of Greenville Harrison. Passed February 4, 1863. L Be ii; enacted by the General Assembly of Virginia, That the Greenviii f e V Har- f au( ^or of public accounts be and hereby is directed to issue his ACTS OF THE GENERAL ASSEMBLY. 69 warrant in favor of Greenville Harrison for the sum of $92,75, to be paid out of any moneys in the treasury not otherwise appropria ted, such sum being the amount justly due to said Harrison for ser vices rendered by him as commissioner of the revenue for the county of Cabell in making out property books for the year 1862, which books were forcibly taken from said Harrison on the 3d day Janu ary, 1863, by rebel soldiers. Commencement. 2. This act shall be in force from its passage. CHAP. 74. An ACT for the relief of Theodore Davis. Passed February 2, 1863. 1. Be it enacted by the General Assembly of Virginia, That Theodore Davis, be, and he is hereby released from the payment of Relea86d from a fine of two hundred dollars, imposed upon him by the circuit J?*J meot of a court of Doddridge county, at the spring term of 1862, for an as sault upon one Jacob Trough, with intent to maim, disfigure and disable him, the said Trough. Commencement. 2. This act shall be in force from its passage. CHAP. 75. An ACT for the relief of James G. West. Passed February 4, 1863. 1. Be it enacted by the General Assembly, That the auditor of Auditor directed public accounts be and hereby is directed to issue his warrant in fa- JanT?n favoT^f vor of James G. West for the sum of fourteen hundred and forty James a - West - dollars and thirty cents, to be paid out of any moneys arising from suit or suits pending against the Baltimore and Ohio Railroad Com pany for damages done to the Maryland and Ohio Turnpike Road, and that the said James G. West and his securities be, and they are hereby released from the bond of said James G. West as contractor Reieaaed from on the Maryland and Ohio Turnpike Road. bond< 2. This act shall be in force from its passage. Commencement. CHAP. 76. An ACT authorizing the Auditor to regulate the com pensation of Commissioners of the Revenue in certain cases. Passed February 4, 1868. 1. Be it enacted by the General Assembly, That the auditor of public accounts is hereby authorized and directed to allow commis- Kevenue? the 70 ACTS OF THE GENERAL ASSEMBLY. sioners of the revenue in all counties, except those in which the said commissioners receive a fixed compensation, such additional com pensation for the year 1863 as will raise the salary of said commis sioners of the revenue to an amount not exceeding that paid them for the year 1862. Commencement. 2. This act shall be in force from its passage. CHAP. 77. An ACT to incorporate the Little Kanawha Navigation Company. Passed February 4, 1863. 1. Be it enacted by the General Assembly, That it shall be law- Who authorized ful to open books, under the superintendence of John V. Rathbone, subscription. 80 P. G. Van Winkle, J. N. Camden, James Cook, Moses Kinchelo, Daniel Wilkinson, E. C. Hopkins, Jonathan Weaver, Charles Chad- doc, John Wear, and James A. Williamson, or any three of them, at Parkersburg, in the county of Wood, at Newark, Elizabeth, and Rathbone, in the county of Wirt, and at Glenville, in the county of Gilmer, for receiving subscriptions to the capital stock of the company hereby incorporated for the purpose of improving the navigation of the Little Kanawha river and its branches. Capital stock. 2. The capital stock of said company shall consist of four thou sand shares of twenty-five dollars each, and whenever five hundred shares are subscribed the subscribers, their executors, administra tors and assigns, are hereby incorporated by the name of the Little n y m< >a ~ Kanawha Navigation Company, and shall be governed by the pro visions of the fifty-sixth, fifty-seventh and sixty-first chapters of the Code of Virginia, so far as the same are applicable and not in consistent with this act. The county courts of Wood, Wirt, Ritchie, and Gilmer counties shall have the power to subscribe. At all Number of votes general meetings and elections each stockholder may in person, or authorized to be & 111- cast by stock- by proxy, cast one vote for every share 01 stock owned by him. improvements. 3. The said company shall have power to improve the navigation of said river, and of Hughes river, by locks and dams, sluices, canals, or other usual modes of improvement or by the combination of any two or more of them. They shall commence their improve ments at or near the mouth of said river, and prosecute the same toward the head, so far as may be deemed practicable, and their resources will permit, and may in like manner improve Hughes river so far up the same as they may deem proper, when their main improvement has reached the mouth thereof; they may enter and condemn lands for the purposes of their improvements, under the ACTS OF THE GENERAL ASSEMBLY. 71 provisions of the said fifty-sixth chapter of the Code of Virginia, and shall have the benefit of all or any acts declaring the said river a navigable highway; they may charge and receive such tolls for 18 - the use of their improvement as may be fixed by the board of public works, or by law. 4. The said company shall have power to borrow money from Power to borrow time to time, not exceeding in the aggregate the amount of their capital stock; to issue their bonds or other proper securities for the same, and to pledge their works and property by mortgage or deed of trust for the payment thereof and of the interest to accrue thereon, but in the event of a sale under such mortgage or deed of trust, all bonds or notes then outstanding, issued in payment for work done or materials furnished on or for their improvement, and so expressed to be on their face, shall be first paid out of the proceeds of any such sale. 5. The said company shall commence the said improvemen tin what time im within two years after the passage of this act and complete the said bcommiioed. improvement up the said Kanawha river to the mouth of the west fork of said river, within eight years after the passage of this act, and if the said company fails to complete the improvement from the said west fork to Glenville, in Gilmer county, within ten years after the passage of this act, the right as a company to said Kanawha river, shall be forfeited and no longer to exist above the rnouth of the said west fork of the Kanawha, but shall have the right granted in this act to continue as a company from the mouth of the said Kanawha to the mouth of the said west fork. 6. This act shall be in force from its passage. Commencement. CHAP. 78. An ACT giving consent to the admission of certain counties into the new State of West Virginia, upon certain conditions. Passed February 4, 1803. 1. Be it enacted by the General Assembly of Virginia, That at the general election on the fourth Thursday of May, one thousand La W f U i f or the eight hundred and sixty-three, it shall be lawful for the voters of J-ei the district composed of the counties of Tazewell, Bland, Giles, li and Craig, to declare by their votes whether said counties shall be J annexed to and become a part of the new state of West Virginia; to wit v^ghiia also, at the same time, the district composed of the counties of Also the coun- Buchanan, Wise, Russell, Scott, and Lee, to declare by their votes ^V^RuteSi whether the counties of the said last named district shall be an- 8cott) and Lee- 72 ACTS OF THE GENERAL ASSEMBLY. nexed to and become a part of the state of West Virginia ; also, at of b0 AiL C g h"my! 8tlie same time > the district composed of the counties of Alleghany, Bath and nigh- Bath, and Highland, to declare by their votes, whether the coun ties of such last named district shall be annexed to and become a part of the state of West Virginia; also, at the same time, the dis- Aiso the counties trict composed of the counties of Frederick, and Jefferson, or either of Frederick and * of them, to declare by their votes, whether the counties of the said last named district shall be annexed to and become a part of the state of West Virginia; also, at the same time, the district compo- of the counties of Clarke, Loudoun, Fairfax, Alexandria, and Aiexandr!a ir and Prince William, to declare by their votes, whether the counties of Pnnce William, the said last named district shall be annexed to and become a part of the state of West Virginia; also, at the same time, the district Also the counties composed of the counties of Shenandoah, Warren, Page, and Rock- of Shenandoah, f Warren, Page & mgham, to declare bv their votes, whether the counties of the said Kockingham. { " last named district shall be annexed to and become a part of the state of West Virginia; and for that purpose there shall be a poll Polls to be open- O p ene( j a t each place of voting in each of said districts, headed Consent. "For Annexation," and "Against Annexation." And the consent of this general assembly is hereby given for the annexation to the said state of West Virginia of such of said districts or either of them, as a majority of the votes so polled in each district may de termine : provided, that the legislature of the state of West Vir ginia shall also consent and agree to the said annexation, after which all jurisdiction of the state of Virginia over the districts so annexed shall cease. Dutyof Governor 2. It shall be the duty of the governor of the commonwealth to ascertain and certify the result as other elections are certified. not^be^heid^on ^- -^ n the even ^ the state of the country will not permit, or Governor "to*!!?- ^ rom an 7 cause, said election for annexation cannot be fairly held matio^orSeSn 3 on ^ e day aforesaid, it shall be the duty of the governor of this euch election, commonwealth, as soon as such election can be safely and fairly held and a full and free expression of the opinion of the people had thereon, to issue his proclamation ordering such election for the purpose aforesaid, and certify the result as aforesaid. Commencement. 4. This act shall be in force from its passage. CHAP. 79. An ACT for the relief of Alexander Hay. Passed February 5, 1863. The sale of the 1. Be it enacted by the General Assembly of Virginia, That the " sa ^ e f the Alexandria and Washington railroad made on the tenth ACTS OF THE GENERAL ASSEMBLY. 73 day of April, eighteen hundred and sixty-two, and the purchase of the same by Alexander Hay and his associates, be, and hereby is Not e ff ec t e( j by made a lawful sale, and shall not in any wise be effected by the {Jj ionectS? of law "staying the collection of certain debts," passed July 26th, certain debts." 1861, and amended and re-enacted February 8th, 1862, and again extended December 22d, 1862; and said sale shall be deemed valid, of full force and effect as if said law had never been passed. 2. This act shall be in force from its passage. Commenoe ment. CHAP. 80. An ACT amending and re-enacting section eight of an Act passed January 31st, 1863, entitled "An Act imposing taxes for the support of the Government. Passed February 5, 1863. 1. Be it enacted by the General Assembly, That section eight Section eight of of an act passed January 31st, 1863, entitled "an act imposing taxes Jan. sist, ises, for the support of the government," be amended and re-enacted so acted. as to read as follows: "8. On the income, salary or fees received during the year end ing the first day of February of each year in consideration of the discharge of any office or employment in the service of the state, or in consideration of the discharge of any office or employment in the service of any corporation, or in the service of any company, firm or person, except where the service is that of a minister of the Gospel, three-fourths of one per centum upon, so much thereof as exceeds five hundred dollars. The tax on a salary payable under this section by an officer of the government receiving the same out of the treasury, shall be deduct ed at the rate chargeable on the annual salary on the amount drawn from the treasury at the time the salary is audited and paid ; and fees or other income of such officer shall be listed and assessd by the commissioners as in other cases, and at the rates prescribed thereon. 2. This act shall be in force from its passage. Commencement, CHAP. 81. An ACT amending and re-enacting the fourth section of the Ordinance passed June 21st, 1861. Passed February 5, 1863. 1. Beit enacted by the General Assembly of Virginia, That theTbo fourth sec- fourth section of the ordinance passed June 21st, 1861, be amended and re-enacted, and re-enacted so as to read as follows: 74 * ACTS OF THE GENERAL ASSEMBLY. "4. That whenever the governor shall deem it expedient and for the public good, that the offices of the auditor and treasurer should be kept in the city of Alexandria or in any other place in the commonwealth outside of the city of Wheeling, he may issue a proclamation establishing the said offices of auditor and treasurer at Alexandria or such other place, as in his judgment he may deem best, and the executive is hereby authorized to convene the legislature at such place within the state of Virginia, as he may select, for the seat of government, under this act. Commencement. 2. This act shall be in force from and after its passage. CHAP. 82. An ACT authorizing the revival of certain suits de pending in the courts of the Commonwealth. Passed February 5, 1863. Suits pending in ]_ ~Q Q {{ enacted bv the General Assembly, That all or any suits th e courts of the _ J . commonwealth depending in any court of the commonwealth in the name of the be dismissed, board of public works, prior to the 9th day 6T August, 1861, shall not abate or be dismissed for want of authority in the said courts to prosecute them by reason of any change in the officer discharging the duties of said board, but may be revived (if necessary) in the name of the governor, auditor and treasurer of the commonwealth, acting as said board and discharging its duties as provided for by the ordinance of the convention of August 9th, 1861, anything in the act of the general assembly passed July 16th, 1861, to the con trary notwithstanding. Commencement. 2. This act shall be in force from its passage. CHAP. 83. An ACT to authorize the Auditor of Public Accounts to appoint Commissioners of the Revenue in certain cases. Passed February 5, 1863. When the Audi- 1. Be it enacted by the General Assembly of Virginia, That the tor Is requested PIT i j i j to appoint Com- auditor of public accounts is hereby authorized and required in missioners of the .. ~ ,, . , ., -, ., . , Revenue. counties and towns of this commonwealth, where the commissioner e books of said counties and towns cannot be found, and where com missioners have not been elected under the re-organized government of Virginia, to appoint commissioners of the revenue to assess the taxes due the commonwealth for the year 1862 and 1863, and for ward the books for that purpose to said commissioners, ommencement. 2. This act shall be in force from its passage. I ACTS OF THE GENERAL ASSEMBLY. 75 CHAP. 84. AN ACT amending and re-enacting section thirteenth of an act passed July 26, 1861, entitled an act to provide for the public health. Passed February 5, 1863. 1. Be it enacted by the General Assembly, That section thirteen Section thirteen of an act passed July 26, 1861, entitled an act to provide for the enacted, public health, be amended and re-enacted so as to read as follows : "13. The sum of five hundred dollars is hereby appropriated for the payment of such agent. The same, or so much thereof, as may be required, shall be paid semi-annually on the order of the governor, when he shall be satisfied that the agent has faithfully complied with his contract and duty, as agent, to the time of such payment." 2. This act shall be in force from its passage. Commencement. CHAP. 85. An ACT repealing an Act passed February 15th, 1862, entitled "An Act to provide for the payment of costs in prosecu tions for misdemeanors, &c." Passed February 5, 1868. 1. Be it enacted by the General Assembly of Virginia, That an Act passed Feb. loth., 1862; re- act passed February 15th, 1862, entitled "an act to provide for thepeaied. payment of costs in prosecutions for misdemeanors, &c.," be and the same is hereby repealed. Commencement. 2. This act shall be in force from its passage. CHAP. 86. An ACT to amend and re-enact an Act entitled "An Act to incorporate the Bank of Guyandotte," passed March 2d, 1854. Passed February 5, 1863. 1. Be it enacted by the General Assembly, That sections first;, Sections first.sec- second, third and eighth of an act entitled "an act to incorporate eighth of an Act the Bank of Guyandotte, in the county of Cabell," passed March 2d, theBaSkofGuy e - 1854, be amended and re-enacted so as to read as follows : "1. It shall be lawful to establish a bank in the town of Guyan- rdotte, in the county of Cabell, the capital stock of which shall be not less than one hundred thousand dollars nor more than three hundred thousand dollars, to be raised by subscription of shares of one hundred dollars each ; books of subscription for the stock afore said to be opened on the second Monday of March, 1863, and remain 76 ACTS OF THE GENERAL ASSEMBLY. open until one hundred thousand dollars is subscribed in the town of Guyandotte under the superintendence of John Laidley, Sr., Thomas J. Hayslip and James H. Poage, or any two of them, \vho shall have power, and their rights, powers and duties in relation to said bank shall be in all respects as far as may be applicable, such as are prescribed by the Code of Virginia. The commissioners shall be, and they are hereby authorized to receive subscriptions partly in money and partly in the stocks of the United^States, the medium of payment to be expressed at the time of making such subscription, and the stock transferred to the bank and the money paid over as soon as the president and directors shall be elected. "2. The said bank shall be called "The Bank of Guyandotte," but the name may be changed to "The Bank of West Virginia" if the stockholders or directors shall so elect, and by said name and style the stockholders thereof and their successors shall be a body politic and corporate, with all the rights, powers and privileges conferred upon banks of the state by chapters fifty-seven and fifty-eight of the Code of Virginia, and shall moreover be subject to all the rules, reg ulations and restrictions imposed by the said chapters fifty-seven and fifty-eight, except the seventh section of said chapter fifty-eight, so far as said chapters are consistent with this act, provided that the stockholders shall appoint and elect directors. "3. Whenever the said bank shall legally transfer to deposit with the treasurer of the state, in trust for, and for the purposes of the said bank, certificates of the public debt of the United States, bear ing six per centum interest, to the amount of fifty thousand dollars, the said bank shall be authorized to deliver notes of any denomina tion it may elect, not less than five dollars, to the treasurer in the usual form of bank notes intended for circulation, to the full amount of the stock so deposited, upon the face of which shall be written or printed the words "Secured by pledge of United States securities," and each bank note shall be countersigned by the treasurer and num bered and registered in proper books to be provided and kept for the purpose in the office of said treasurer; arid such notes so coun tersigned shall be re-delivered to the officers of said bank, and the said bank so receiving the same may thereupon issue its notes afore said to the full amount of the stock so deposited, and from time to time upon further deposits of such certificates of debt of the United States by said bank, in sums not less than five thousand dollars; the % said bank may in like manner issue notes countersigned as afore said to the full amount so deposited but such issues shall not ex ceed in the aggregate the capital herein provided. "8. Each and every stockholder in said bank shall be liable ACTS OF THE GENERAL ASSEMBLY. 77 rateably out of his private estate for the circulation and express con tract debts of said bank to the amount of stock held by him, upon a failure of said bank to redeem its notes or pay said debts. The to tal amount of paper circulation of the bank hereby incorporated shall never exceed five times the amount of coin in possession and actually the property of the bank. If the coin be reduced to less than one-fifth of its paper circulation the bank shall thereupon make no new loan or discount until its coin shall be to its paper circula tion at least the proportion of one to five: provided, however, that this act shall not take effect so as to authorize the said bank to make loans or discounts, or transact any other banking business until the minimum amount of the capital hereby authorized shall be deposited in United States stock with the treasurer of this common wealth, as is provided by the fourth section of this act. The costs to the state arising from the provisions of this act shall be paid by the said bank." 2. This act shall take effect from its passage. Commencement. JOINT RESOLUTIONS. No. 1. Joint Resolution enquiring into the manner in which the duties of the Public Printer have been discharged. Passed December 8, 1862. Resolved, That a joint committee of eight, consisting of five from the house and three from the senate be appointed by the speaker and presi dent of the same, to inquire into the manner in which the duties of public printer have been discharged, whether he has done all the public printing, and if so, how much and in what manner, whether any printing has been done for the state by any other person, and if so, at what price, in what manner and by whom authorized, and to report to this house such other matters concerning the same as they may deem proper, and that said committee have power to send for and have before them persons, books and papers to assist them in the said inquiry. No. 2. Joint Resolution requesting the House of Representatives of the United States to take up and pass without amendment, the bill for the admission of the State of West Virginia, passed by the United States Senate on the 10th of July last. Passed December 9, 1862. Resolved, That feeling the greatest anxiety and interest in the successful issue of the movement for a new state in West Virginia, we earnestly re quest the house of representatives of the United States to take up and pass, without alteration or amendments, the bill which passed the senate of the United States on the 10th of July last. No. 3. Joint Resolutions requesting the Hon. John S. Carlile to resign his seat in the Senate of the United States. Passed December 12, 1862. WHEREAS, The General Assembly of Virginia, by resolution adopted at the session of July, 1862, instructed the senators of this state in congress to sustain the federal government in its efforts to maintain the supremacy of the laws and preserve the integrity of the Union, and by a legislative 80 JOINT RESOLUTIONS. act of the 13th of May, 1862, requested them to use their endeavors to obtain the consent of congress to the admission of West Virginia into the Union ; and whereas, the Hon. John S. Carlile having failed not only to sustain the legitmate efforts of the federal government to suppress the in surrection, but having opposed by his votes in the senate, and public speeches in and out of the senate, measures absolutely necessary to the preservation of the Union and the enforcement of the laws, and having also by his speeches and votes in the senate opposed the bill for the ad mission of West Virginia into the Union ; therefore, Resolved, By the General Assembly, That inasmuch as he has neither regarded the instructions aforesaid, nor the known will of the loyal people of the state, he is hereby respectfully requested to resign his seat. Resolved, That the governor be requested to forward copies of these resolutions to, our senators and representatives in congress, with a request that the same be laid before congress. No. 4. Joint Resolution appointing a joist committee to inquire into the Permit System. Passed December 12, 1862. Resolved, That a joint committee to consist of three members from the house and two from the senate, be appointed to inquire into the "permit" svstem now enforced by the agents of the treasury department, with a view to relieve, if possible, the citizens of this state from the inconveni ence and injury imposed upon them under its present operations. No. 5. Joint Resolution directing the Auditor to issue to the heirs gen erally of Walter Brooke, a land warrant for five thousand acres. Passed January 10, 1863. WHEREAS, It appears to the general assembly that the heirs of Com modore Walter Brooke in the war of the revolution, are entitled to five thousand acres of additional land bounty from the State of Virginia, for the service of their ancestor, the said Walter Brooke, in the war of the revolution ; and whereas, by reason of the existing rebellion the warrant for the said additional amount of land bounty cannot be had from the land office at Richmond, Therefore Resolved, by the General Assembly, That Samuel Crane, the auditor of this commonwealth, be, and he is hereby directed to issue to the heirs generally of the said Walter Brooke, a land warrant for the balance of bounty due to them, to-wit: five thousand acres, that amount being acknowledged by the register of the land office at Richmond, to be so due. JOINT RESOLUTIONS. 81 No. 6. Joint Resolution of Condolence. Passed January 10, 1863. WHEREAS, It has been made known to the General Assembly of Vir ginia, that on Tuesday the 6th day of January, 1863, Mrs. Tarr, wife of Campbell Tarr, Esq., treasurer of the state of Virginia, departed this life. Resolved, That in this bereavement of our worthy treasurer the general assembly tenders to him its deepest regrets and sincere sympathy at the dispensation. No. 7. Joint resolution of thanks to Dr. Hills, Superintendent of the Insane Asylum at Columbus, Ohio, for his kind and humane treatment to the insane of this State. Passed January 10, 1863. Resolved, by the Senate and House of Delegates of Virginia, That the thanks of the state of Virginia are justly due and are hereby tendered to Dr. Hills, superintendent of the asylum at Columbus, Ohio, for the kind and humane treatment extended by him to the unfortunate insane of this state, who, because of the present rebellion, could not be received and treated in the lunatic asylums of this commonwealth. Resolved, That the governor be requested to transmit a copy of these resolutions to Dr. Hills. No. 8. Joint Resolution to elect a Public Printer. Passed January 19, 1863. Resolved, That this house will, with the concurrence of the senate, proceed to the election of a public printer at eleven o clock, a. m., on Wednesday next. No. 9. Joint Resolution to elect a United States Senator. Passed January 21, 1863. Resolved, By the General Assembly of Virginia, that both houses by a joint vote proceed on Friday the 23d inst., at 12 o clock, m., to elect a United States senator. No. 10. Joint Resolution to employ a Janitor for the Public Buildings. Passed January 29, 1863. Resolved, That the governor be authorized to employ a janitor for the public buildings. 6 82 JOINT RESOLUTIONS. No. 11. Joint Resolution releasing the late Public Print*" r .111 the pay ment of Four Hundred and Ten Dollars, upon . -..Jitions. Passed February 4, 1863. WHEREAS, by the report of the committee on public printing, it appears that A. S. Trowbridge, as public printer, is indebted to the state in the amount of four hundred and ten dollars, being for over charges on work done by him as public printer ; and whereas, said Trowbridge has priated a number of reams of commissioner s books which the auditor refused to receive or pay for ; and whereas, public printing to which the said Trow bridge was entitled by law, was withheld from him by an officer or officers of the government, thus depriving him of the revenue or profits there from, Therefore be it Resolved, The senate concurring, that the auditor, be, and is hereby authorized and required to receive from the said A. S. Trowbridge the commissioner s books herein referred to, and that upon delivery of said books to the auditor, the said Trowbridge is hereby discharged of his in debtedness to the state in the amount of four hundred and ten dollars aforesaid: provided, however, that nothing in the foregoing preamble and resolution, shall be so construed as a reflection upon the auditor of pub lic accounts for withholding printing from A. S. Trowbridge, late public printer. No. 12. Joint Resolution authorizing the Governor to procure and present to the Seventh Regiment, Virginia Volunteer Infantry, a suitable flag. Passed February 4, 1863. Resolved, The senate concurring, that the Governor be authorized and requested to procure and present to the 7th Regiment Virginia Vol unteer Infantry a suitable flag, with the following inscription : "Seventh (Union) Virginia Volunteers, Antietam, September 17th, 1862," on one side, and on the other side "Fredericksburg, Dec. 13th, 1862." No. 13. Joint Resolution appropriating Fifty Dollars to the Clerk of the House, in addition to his present compensation. Passed February 4, 1863. Resolved, by the General Assembly, That the sum of fifty dollars be appropriated to the clerk of the house of delegates, in addition to his present compensation, to be paid out of the appropriation for expenses of the general assembly. JOINT RESOLUTIONS. 83 No. 14. Joint Kesolution directing the Auditor of Public Accounts to settle with. Samuel W. Wilson, Sheriff of Hancock County. Passed February 5, 1863. Resolved, by the General Assembly, That the auditor of public accounts be directed to settle with Samuel W. Wilson, sheriff of Hancock county, and allow him his delinquent list of land, property, capitation and license tax for 1860, if found by the auditor to be correct, upon the condition that the said sheriff pay into the treasury any sums upon settlement found due the state. No. 15. Joint Resolutions in reference to retaliation and indemnity. Passed February 5, 1863. WHEREAS, It is represented to this General Assembly, that the rebels in Virginia have arrested and now have confined in prisons, many loyal citizens, civilians and non-combatants, including men, women and chil dren, on the pretence of their disloyalty to the pretended southern con federacy ; and whereas, the said rebels have robbed many of our loyal citizens of large amounts of money and property; therefore, be it Resolved, By the general assembly of Virginia, that the president of the United States be, and he is hereby respectfully requested to order military officers of the general government in this state to retaliate by arresting such a number of known adherents to, or avowed sympathizers with, the said pretended confederacy, as in his opinion may be expedient, to be held in close confinement as hostages, and be subject in all respects, as nearly as may be, to the same treatment which is imposed upon loyal citizens by the authority of the said pretended confederacy ; and to adopt such other and further measures as shall be necessary to effect the release of such loyal persons as are now or may hereafter be so arrested and confined ; and that the president be further requested to require the military authorities, to institute such measures as will compel the rebels and those aiding and assisting them in any degree in the arrest and robbery of our loyal citi zens, to fully indemnify those loyal citizens for all losses by said robberies. Be it further resolved, That we fully and heartily endorse the course pursued by General Milroy for the protection and indemnity of the loyal ciitzens of Western Virginia, and we respectfully ask the general govern ment to sustain him in his action looking to the indemnity of the loyal citizens aforesaid, and that the government be requested to instruct the militarv in this commonwealth to pursue a similar course, as we believe that it is the most efficient means of protectingHhe property of our loyal citizens. Resolved further, That the governor be, and he is hereby requested to 84 JOINT RESOLUTIONS. communicate the foregoing preamble and resolutions to the president of the United States, together with a list of the names and condition, so far as may be known to him, of the persons so held in confinement, or robbed as aforesaid, with such other information pertinent to the subject as he may deem expedient. No. 16. Joint Resolution requesting the President of the United States and Secretary^of War to direct the transfer of the Seventh (Union) Reg- ment Virginia Volunteer Infantry to the Western Virginia service. Passed Februrry 5, 1863. WHEREAS, it has been represented to the General Assembly of Virginia, That the seventh (Union) regiment Virginia volunteer infantry has been in the service in eastern Virginia, in the army of the Potomac, during the greater portion of the time since they were mustered into the service of the United States, during which time they have done much hard service; and that they took a very active part in the battles of Antietam and Fredericksburg, Va., during which their losses were very heavy; and that by sickness and death during their long campaign on the peninsula, their ranks have greatly reduced, Therefore be it Resolved, by the General Assembly of Virginia, That the president of the United States and the secretary of war, be, and they are hereby re quested to direct the transfer of said regiment to the Western Virginia service. SEPARATE ELECTION PRECINCTS. Accomack Court-house; Chingoteague; New Church; Corbin and Fletcher s; Mapp s; Guilford; Newstown; Onancock; Pungoteage. Albemarle Court-house; Lindsay s Turnout; Everettsville; Stony Point; Earleysville ; Blackwell s; Free Union; Whitehall; Woodville ; Batesville; Hillsborough; Crossroads; Covesville; Porter s; Warren; Wingfield s; Milton; Scottsville; Monticello House; Howardsville. Alexandria Five districts identical with magisterial districts. Alleghany Court-house; Robert Skeen s Hotel; John 0. Taylor s; George Stull s; Clifton Forge ; Jabez Johnston s; Griffith s Mill ; Fork Run. Amelia At the same place as magisterial elections. Amherst New Glasgow ; New Hope ; Oronoco ; Chestnut Grove ; Folly; Temperance; Pedlar Mills; Elon ; Court-house; Buffalo Springs. Appomattox Court-house ; Union Academy ; Wesley Chapel ; Hamner s ; Spout Spring; Oakville. Augusta Court-house; Waynesborough; Middlebrook; Spring Hill; Mt. Meridian ; Greensville ; District No. 2, Staunton; Mt. Sidney; Stuart s Draft; Fishersville ; Churchville; New Hope; Craigsville; Deerfield; Mt. Solon; Swoop s Mill; Midway; Newport. Barbour Court-house; Burner s; Nutter s; Bartlett s; Mitchell s; Yeager s; Glady Creek; Holtsberry s; Coal Precinct. Bath Court-house ; Cedar Creek ; Hamilton s ; Cleek s Mills ; Williams- ville; Milton; Green Valley. Berkeley Court-house; Billingre s Hotel; Mill Creek; Hedgesville; Falling Waters; Robinson s Mill; Gerrardstown ; Oak Grove; Glen Spring; Crossroads. Boonc Court-house, Adkins on Mud river, Adkins on Big Coal, Law rence s, Curtiss , Daniel Laurel s, Thompson s Mill, Miller s. Botetourt Court-house, Mountain Union, Carver s, Buchanan, Rocky Point Mills, Jackson, Junction Store, Dibrell s Spring, Amsterdam. Braxton Court-house, Triplett s, Rilney s, Cool s, John Crite s former 86 SEPARATE ELECTION PRECINCTS. residence, Christian Moda s former residence, Haymond s Mill, Cun ningham s, Saulsberry, Stenestreet, Jacob P. Conrad s. Brooke At same places as magisterial elections, Goodwill School house. Brunswick Court-house, Benton precinct, Trotty s Store, Oak Grove, Lucy s Store, Smoky Ordinary, Nicholson s precinct. Buckingham Court-house, Stanton s shop, New Store, Wright s, Curds- ville, Allen s. Cabell Court-house, Guyandotte, Laidley s Store, Spurlock s, Doolittle s Mill, Barret s Precinct, McComas , Falls of Guyandotte, Kilgore s Pre cinct, Peter Buffington s. Campbell Places the same as for magisterial elections. Caroline Court-house, Eeedy Church, Oakley s, Needwood, Sparta, Pitts , Port Royal, Sycamore, Golansville, Madison s. Carroll Court-house, Polly Quesenberry s, Thomas Quesenberry e, Laurel Fork, Kinney s, Easter s, Newman s, Sulphur Springs, Richard Haynes , Nathaniel Haynes . Charles City Court-house, Delarue s, Ladd s, Waddell s, Apperson s, Vaiden s. Charlotte Court-house, Keysville, Smith s Tavern, Clement s, Wylies- burg, Roby s Shop, Hawrey s Store, Matthews & Smith s Store. Chesterfield Court-house, Britton s Shop, Shell s Tavern, Manchester, Robinson s Store, Clover Hill. Clarke Court-house, Russell s Tavern, White Post, Millwood, Royston e Tavern, Collier s Toll-gate. Craig Court-house, Carper s Tavern, Walker s Store, Scott s Tavern, Martin Huffman s George Sarver s. Culpeper Court-house, Rixyville, Colvin s, Stevensburg, Pottsville, Gathright s, Wellsborough, Griffinsburg. Cumberland Court-house, Tavern Precinct, Oak Forest, Irwin s. Dinwiddie Court-house, Billups , Goodwynsville, Williams Shop, Dar- vill s, Williams , Sutherland s. Doddridge Court-house, Allen s, Bond s, Key s, Davis . Elizabeth City Court-house, Liveley s Ordinary, Fox Hill. Essex Court-house, Occupacion, Lloyd s, Miller s, Bestland, Centre Cross. Fairfax Court-house, Crossroads, Arundel s, Sangster, Ross , Bowden s SEPARATE ELECTION PRECINCTS. 87 (Springvale), Anandale, West End, Accotink, Centreville, Falls Church, Fars, Bayless, Pulman s. Fauquier Court-house, Plains, Salem, White Ridge, Farrowsville, Or leans, Liberty, Morrisville, Paris, New Baltimore, Rectortown, Weavers- ville, Upperville. Faydtc Court-house, Blake s, Gauley Bridge, Fleshman s, Lewis , Keeney s, Terry s, Coleman s. Fluvanna Court-house, Howard s Store, Columbia, Morris Store, Kent s Store, Haden s Store, Bashan and Snead s, Bledsoe s, Union Grove, FrarJdin Court-house, Allen s, Union Hall, Booth s Store, McVey s Tanyard, Helm s. Dickerson s, Kinsey s, Richland Grove, Bush s Store, Sydnorsville, Snow Creek, Aldridge s Store. Frederick Court-house, Engine-house, Gwinn s Tavern, Hoover s Tav ern, Newtown, Middletown, Russell s, Anderson s, Brucetown, Swheir s, Cole s School-house, Pughtown. Giles At the same places as magisterial elections, Howe s Hotel. Gilmer Court-house, Jerkland, Burke s Widow Stumps, De Kalb s, Peregrine Hays , Knotts , Hewett s, Troy. Ooochland Court-house, Little Store, Perkinsville, Smith s Shop, Mill s, Holland s, Poor s, Jennings . Gloucester Places the same as for magisterial elections. Greenbrier Court-house, Blue Sulphur Springs, Lick Creek, Anthony s Creek, Spring Creek, Southside, Lewisburg, White Sulphur, Miller s; Irish Corner, Williamsburg, Frankfort. Greene Court-house, Ruckersville, Terrill Shiflett s, McMullansville. Greensvillc Court-house, Ryland s Depot, Blunt s Mill, Poplar Mount. Halifax Court-house, Meadesville, Mount Carmel, Halifax Springs, High Hill, Hudson s, Garret s Store, Whiteville, Republican Grove, Brooklyn. Hampshire Court-house, John Liller s, Miers , Burlington, Taylor s, Doyles , Thompson s, Lupton s, Eisner s, Lovett s, Mrs. Offutt s, Stump s, Fority, Sherrard s School-house, Hash s, Blair s, Arnold s, Piedmont. Hancock Court-house, Holliday s Cove, New Manchester, Aton s, School-house. Hanover Court-house, Hughes , Jones Crossroads, Negrofoot, Dentons- ville, Cold Harbor, Ashland. 88 SEPARATE ELECTION PRECINCTS. Harrison Court-house, Shinnston, Union Meeting-house, West Milford, Lumberport, Bridgeport, Davis , Lynch s, Sardis, Swisher s Mills, Rockford School-house. Henrico Court-house, Kidd s, Sweeney s, Alley s, Lovingsteine s, Dick- man s, Hughes , Walkerton, Hungary. Henry Court-house, Rough and Ready, Irisburg, Oak Level, Leather- wood, Ridgeway, Horse Pasture. Highland Monterey, Ruckmansville, Wiley s, Crab Bottom, Doe Hill, McDowell, Pullin s School-house, Gwin s. Jackson Ripley, Click s, Jones , Range s, California, Depue s, Three forks of Reedy, Trumansville, Ravenswood, School-house near Staat s, Murrayville, Moor s Mill, McGrew s Mill, Reed s (in place of Sandyville.) James City Court-house, Burnt Ordinary, York river. Jefferson Eight districts Places the same as for magisterial elections. Kanawha Court-house, Fleetwood s, Richard s, Bradley Low s, Atkin son s Mill, Altz s, Couts Mouth, Dog Creek, Givens , Maiden, Fork Coal, Harper s, Gatewood s, Mouth Sandy, Brooks Store. King George Court-house, Hampstead, Clifton, Shiloh. King d Queen Court-house, Clark s Store, Stevensville, Newtown, Centreville. King William Court-house, Plain Dealing, Aylett s, Lanesville. Lancaster Court-house, Litwalton, Kilmanock, White Stone. Lewis Court-house, McLaughlin s Store, Jane Lew, Freeman s Creek, Skin Creek, Hall s Store, Leading Creek, Collins Settlement. Logan Same places as for magisterial elections. Loudoun Court-house, Waterford, Lovetsville, Hillsborough, Waters , Purcell s Store, Snickersville, Union, Middleburg, Mt. Gilead, Gum Spring, Whaley s, Goresville. Xowwa-Court-house, Free Union, Hopkins Mill, Trevilian s, Bell s Cross roads, Walton s Tavern, Ten-ill s Store, Parrish s Store, Frederickshall, Bumpass Turnout, Thompson s Crossroads, Isabell s Store, Hope s Tavern, Gentry s Store, Cosby s Tavern. Luncnburg Court-house, Brown s store, Pleasant Grove, Knight and Oliver s Mill, Lochlomond, Bagley s Store, Jordon s Store. Madison Court-house, Stony Hill, Criglersville, Huffman s Mill, Graves Mill, Rapidan Meeting-house, Fleshman s Shop, Locust Dale. SEPARATE ELECTION PRECINCTS. 89 Marion Places the same as those for magisterial elections, and at Glo- rer 3 Gap. Marshall Court-house, Pleasant Hill, Jones Hotel, Bleak s School- house, Parsons Precinct, Mouth of Fish Creek, Sand Hill, Crossroads, Smart s School-house, Barley s, Terrill s School-house, Big Run, Fair View, Linn Camp. J[/aso?i-Court-house, Berriage Precinct, Love Precinct, Barnett Precinct, West Columbia, Neaso Precinct, Eighteen Mile Precinct, Grigg s, Sixteen Mile Precinct, Thirteen Mile Precinct. Matthews Same places as for magisterial elections. Mecklenburg Court-house, Jones , Edmundson s Clarkesville, Reeke s, Overby s, Wright s, Harwell s, Christiansville, Gillespie s. Middlesex Jamaica, Saludo, Sandy Bottom. Monongalia Court-house, Guseman s, Jones , Osburn s, Ross , Lofter s, Cassville, Cristiman s, Laurel Point, Cox s, Moore s River, Tenant s, Dow- all s, Warren, Arnett s Monroe Court-house, Dickson s, Miller s Store, Rollinsburg, Mrs. Peck s, Red Sulphur, Hayne s, Centreville. Montgomery Court-house, Guerrant s, Peterman s, Price s, Forks, Keis- ter s, Crumpacker s, Layfayette, Kent andMcConkey s, Rough and Ready, Lovely Mount. Morgan Court-house, Lowe s, Baker s, Bazzoc Shockey s, Swann s, Mil ler s. Nansemond Court-house, Hargrove s Tavern, Harrison s Shop, Holly - neck, Chuckatuck, Somerton, Darden s Store, Cypress Chapel. Nelson Fortune s, New Market, Faber s Mill, Greenfield, Massie s Mill, Roberts . New Kent Court-house, Barhamsville, Chandler s Store, Ratcliff s Ta vern. Nicholas Court-house, Taylor s, Brown s, Neil s, Dunbar s, Nutter s, Sawyer s, Pierson s. Norfolk City Four Wards. Norfolk County Court-house, Glebe School-house, Sycamore s, Deep Creek, School-house District No. 2, School-house in Providence, Pleasant Grove School-house, Butts Road School-house. Northampton Court-house, Bay View, Franktown, Johnsontown, Cape- ville. 90 SEPARATE ELECTION PRECINCTS. Northumberland Court-house, Lottsburg, Burgess Store, Wicomico. Nottoway Court-house, Jennings Ordinary, Wilson and Jones , Black- fare. Ohio M Connell s, West Liberty, Atkinson s, Triadelphia, 1st Ward Hose House, Court House, 4th Ward Hose House, 5th Ward School House. Orange Court-house, Barboursville, Thomas Smith s, Thomas Rhoade e, Locust Grove. Page Court-house, Honey ville, Oakham, George Price s Mill, Spring field, Mover s Mill, Rileysville, Prunty s Mill. Patrick Court-house, Robertson s, Aldridge s and Lee s, Penn s Store, Carter s Store, Hancock s, Elamsville, Slusher s, Connor s, Slitter s, Gates , Mankin s. Pendleton Franklin, Harper s, Riser s, Vint s, Cowyer s Mill, Mallow s, Seneca, Circleville. Petersburg Centre Ward, East Ward, South Ward, West Ward. Pittsylvania Court-house, Danville, Spring Garden, Whitmell, Cascade, Smith s, Beaver s, Raceville, Rorer s, Strail s Store, White s, Laurel Grove, Chalk Level, Mooman s. Pleasants Court-house, Spring Run, Sugar Creek, Gorrel s, Hale sMill, Pocahontas Four districts Places of election the same as for magis trates. Powhattan Court-house, Clark s Mill, Macon, Sublett s. Preston Brandonville, Miller s, Burnel s, Feather s, Summit School- house, Germany, Graham s, Gordon s, Kingwood, Martin s, Independence, Evansville, Brown s, Funk s. Princess Anne Court-house, Kempsville, London Bridge, Capp s Shop, Creed s Bridge, Blackwater. Prince Edward Court-house, Marble Hill, Spring Creek, Prospect, Farmville, Sandy River. Price George Court-house, City Point, Lilley s School-house, Tuttle a Precinct, Harrison s Store, Templeton. Prince William Dumfries, Cole s, Occoquan, Reeve s, Brentsville, Kinchelon s, Hay market, Ludley. jPwfosi-Court-house, Brown s, Galbreath s, Ruper s, Thorn Spring Camp. Putnam Court-house, Bailey s, Pocatalico, Alexander s, Red House, Jones , Hurricane Bridge, Wheeler s, Buffalo, Eighteen Mile Precinct. .;ATE ELECTION PEECINCTS. 91 Raleigh Same A ices as magisterial elections. Randolph C^urc-house, Pennington s, Minear s, Taylor s, Kemp s, Lee. Rappahannock -Washington, Sperryville, Yates , Amissville, Catharine Deatheridge. Richmond City Jefferson Ward, Madison Ward, Monroe Ward. Richmond County Court-house, Stony Hill, Tavern-house, Farnliam Church, Lyell s Store. Ritchie Harrisville, Skelton s, Leedan s, Ireland s, Deems , Rawson s, Tebbs , Murphy s. Roanoke Court-house, Big Lick, Cave Spring, Barnett s. Rockbridge Court-house, Brownsburg, Fairneld, Natural Bridge, Col- lierstown, Keer s Creek, Trevey s, Hamilton s School-house, Paxton s School-house, Wilson s Shop, Broad Creek, Goshen. Rockingham Harrisonburg, Keezletown, McGaheysville, Conrad s Store, Spar.tapolis, Henton s Mills, Gordon s Store, Bowman s Mill, Tim- berville, Menonite School-house, Bridgewater, Ottobine, Wittig s Store, Sprinkle s Store, Taliaferro s Store, Port Republic, Mount Crawford, Sam uel Coot s. Russell Court-house, Grizle s, Pound, Holly Creek, Guest s Mountain, Castlewood s Fugate s, Hanson s, Aston s Store, Cook s Mills, Dorton s, Baylor s Store, Gibson s, Hendrick s Store. Scott Court-house, Wineger s, Hart s, Smith s, Puilleng s, Nickelsville, Alleys, Osborne s Ford, Stony Creek, Peters , Rye Cove, Carter s, Neil s, Roller s. Shenandoah Court-house, Strasburg, Crossroads Meeting-house, Con ner s Church, Town Hall, Keller s School-house, Edinburg, Columbia Fur nace, Mount Jackson, Crossroads School-house, New Market, Forrestville. Smyth Court-house, Broad Ford, Hays , Sanders , St. Clair s Bottom, Burton s Store, Ashlin s, Atkins . Spotsylvania Court-house, Fredericksburg, Mount Pleasant, Andrew s, Chancellor s. Stafford Court -house, White Oak, Master s, Tackett s Mill, Falmouth, Coakleys, Harwood s, Acquia. Southampton Court-house, Drewrysville, Crosskeys, Joyner s, Mur- fee s, Black Creek Church, Berlin, Faison s Store. Surry Four districts At the same places as for election of magistrates. Sussex Court-house, Comann s Mill, Henry, Stony Creek, Newville, Owen s Store. 92 SEPARATE ELECTION PRECINCTS. Taylor Court-house, Mahaney, Grey s, Claysville, Knottsville, Hay- mond s, Fetterman, Grafton. Tazewcll Court-house, Repass, Tiffany s, Mouth of Slate, Gibson s, Crabtree s, Litzeville, Liberty Hill, Tugg. Tyler Court-house, Centreville, David John s, Hammond s, Under wood s, Dancer s, Sistersville, Pleasant Mills. Upshur Court-house, Reedy Mills, Simpson s Mill, Posty, Marples, Marshall s, Chesney s. Warren Court-house, Boyd s Mill, Bentonville, Leary s School-house, Cedarville, Howellsville. Warwick Three precincts The same as for election of magistrates. Washington Court-house, Clark s, Davis , Waterman s, Merchant s, Gobble s, Mills , Worley s, Williams , Morrell s, Fallen s School-house, Clark s, Kelly s School-house, Delusko Mills, Ons 1 , Miller s, Good Hope, Green Spring. Wayne William Crums. (No other returned.) Westmoreland Court-house, Hague, Warrensville, Oak Grove. Wctzel Court-house, Forks of Proctor, Knob Fork, Church s, Cohorn s, Ice s, Willey s School-house. Williamsburg Court-house. Wirt Court-house, Foster s, Petty s. Wood Precincts at the same place as election for migistrates. Wyoming Court-house, Gad s, Rhinehart s, McKinney s, Bailey s, Les ter s. Wythe Eight districts Precincts at same places as for election of magistrates. Yorlc Three districts Precincts at the same places as for election of magistrates. A LIST OF COMMISSIONERS In other States, &c., appointed by the Executive, of Virginia during the years 1858 and 1859, with the Residence and Date of Appointment of each Commissioner also the Date when Evidence of his Qualification was filed, [The term of office of commissioner is two years.] States, Ac. Names of Commissioners Residence. Date of Appointment. When evidence of Qualification filed. Alabama, Wiley T. Hawkins Florence Feb. 26, 1858 Mar. 24, 1858 (i Asher Clarkson Sumpter co. May 16, 1859 May 28, 1859 u H. B. Holcombe Mobile July 19 " Sept. 26 " Arkansas, Moses H. Eastman Little Rock Aug. 29 " |No~t filed. a James H. Gray Jackson co. Sept. 12 " a California, Sam l Hermann, jr. ! San Francisco Jan. 26, 1858 a a L. W. Sloat do Feb. 18 " a (( A. K. Grin Sacramento city Mar. 17 " May" 15, 1858 u F. J. Thibault San Francisco Aug. 16 " Dec." 14 u 11 Wm. B. Latham, jr. Marysville, Yu- ba county Sept. 14 " Not filed. a Robert C. Page San Francisco April 27, 1859 Sept. 14, 1859 (( William G. English Sacramento May 16 " Aug. 12 " a C. J. Brenham San Francisco July 13 " (Sept. 12 " u George Fisher do Aug. 12 " Dec. 2 " it John Banning do Nov. 29 " Not filed. Connecticut, Hubbard Arnold New Haven Jan. 30, 1858 a a Edward Goodman Hartford Feb. 5 " Feb. 16. 1858 (i Charles J. Hoadley do jApril 17 " iMay 5 " a Charles Whittlesey do July 15, 1859 July 21, 1859 Delaware, William B. Wiggins Wilmington [July 10, 1858 [Sept. 21, 1858 Die. Columbia, Anthony Hyde Georgetown Feb. 5 " Feb. 23 " tt Charles De Selding Washington Mar. 27 " Mar. 31 " a S. S. Williams do July 17 " Not filed. u Nicholas Callan do July 30 " Aug. 2, 1858 a John McKenney do Sept. 4 " Oct. 7 " -a J. S. Hollingshead do Sept. 4 " Dec. 11 " a William S. Clary do Sept. 13 " Not filed. a Frederick Callan do Oct. 4 " a tt Robert White Georgetown Feb. 24,1859 Mar. 4, 1859 a A. 8. Meyer Washington April 7 " April 15 " Florida, Aristides Doggett Jacksonville Mar. 20, 1858 Not filed. )scar Hart do May 24 " a a M. P. de Rioboo Pensacola Dec. 2 14 Georgia, A. H. H. Dawson Savannah Feb. 18 " a a Illinois. ^rank H. Miller 3 hilip A. Hoyne Augusta Chicago June 21 " April 6 " July 12, 1858 April 17 " it John H. Magill do Aug. 9 " Not filed. u Gerhard Forenaan do Aug. 13 u Sept. 18, 1858 II 0. R. W. Lull do Sept. 21 " Nov. 23 " a Samuel C. Smith do Dec. 7 " Jan. 13, 1859 a jeorge H. Stone Peoria Mar. 28, 1859 June 10 " II George Wilmot do Sept. 28 " Oct. 20 " (i Nelson Thomasson Chicago Dec. 20 " Not filed. Indiana, William Y. Wiley Indianapolis June 15 " June 25, 1859 Iowa, Samuel M. Rankin Keokuk July 29 " Not filed. Kansas, E. F. Havens Leavenworth city May 24, 1858 Kentucky, Daniel W. Lindsey Frankfort Feb. 15 " a u John A. Monroe do Mar. 25 " April 15, 1858 94 COIL; "US OF DEEDS. States, &c. Names of Commissioners. Residence. Date of Appointment. When evidence of Qualification filed. Kentucky, u Joseph B. Kinkaid W. H. Cunningham Louisville Henderson co. Aug. 25, 1858 Sept. 16 " Sept. 15, 1858 Sept. 16 -.." tt John T. Dye Maysville, Dec. 3 " Not filed. a Chas L. Thompson Louisville June 15, 1859 a Louisiana, George L. Hill New Orleans !Mar. 3| 1858 Mar. 19, 1858 a Wm. Shannon do May 28 " June 4 u it Arthur C. Waugh do July 8 " Not filed. tt tt Henry Pitts Shreveport Adolph Mazureau New Orleans Oct. 6 " Jan. 20, 1859 tt it a Walter H. Peters do April 8 " April 22, 1859 it Charles W. Pope Baton Rouge June 20 " Not filed. tt De Witt C. Jones Bayou Sara Oct. 8 " it Maryland. W. K. Falls Baltimore city Feb. 18,1858 tt J u Jabez D. Pratt do Mar. 28 " Mar. 17, 1858 tt A. H. Pennington do Mar. 31 " Mar. 31 " it James B. Latimer do April 1 " April 26 " tt Joseph T. Atkinson do May 25 " May 24 " it Dalyrmple Williams do May 14 " May 26 " u John M. Torney do Sept. 1 Sept. 22, 1859 tt John H. Parkhill do Oct. 21 " Oct. 27 " tt John R. Kenley do Mar. 8, 1859 Mar. 11 " tt F. Mearis, do Sept, 22 " Not filed. it John R. D. Bedford I Baltimore co. Oct. 15 " ti 11 |E. R. Sprague I Baltimore city Oct. 27 " Oct. 31, 1859 Massachusetts, J. R. Coolridge Boston Jan. 30, 1858 Mar. 5, 1858 tt George T. Angell do April 1 " Mar. 31 " it Chas. B. F. Adams do April 15 " April 21 " it Benj. H. Currier do Mav 6 " May 6 " tt J. H. Buckingham do Juiie 21 " Sept. 17, 1858, and resigna tion received Jan. 24, 1859 tt N. T. Leonard Westfield Jan. 18. 1859 Jan. 31 " tt W. E. P. Smyth ! Boston Jan. 24 " Not filed. tt Elihu C. Baker do June 27 " u tt Abram G. Randall IMilbury, Worces ter county July 30 " u tt Benjamin Pond Boston Dec. 6 " u Michigan, Wm. J. Waterman j Detroit June 18, 1859 June 25, 1859 Minnesota, Edward G. Odioine jSt. Paul " I Theodore Read do Mar. 16,1858 May 18 " Dec. 16, 1858 Not filed. Missisippi, Missouri, B. W. Walthall Th. H. Teagarden Holly Springs St. Louis Mar. 7, 1859 Feb. 4, 1858 Mar. 22, 1859 Not filed. it Jas. E. Jenkins do Mar. 5 " 1 1 it T. A. Russell Kansas city, Jackson co. Mar. 26 it tt Jas. R. Goff St. Louis (April 14 " May 15, 1858 tt Edw d W. Shands do iMay 11 " June 12 " tt Robert Stevens do May 28 " June 21 " it H. S. Schuermann do Sept. 2 " Sept. 21 " it James Hall Kansas city Oct. 8 " Mar. 16, 1859 it C. W. Bryan Hannibal, Mari on county Feb. 7, 1959 Mar. 23, 1859 a John A. Foster Springfield, Greene co. Mar. 9 " Mar. 28 " it Joel G. Harper St. Louis Sept. 20 " Oct. 1 " tt Matthew R. Cullen do Oct. 24 " Not filed. tt Wm. H. Brand Boonville Nov. 23 " Dec. 5, 1859 New Jersey, James M. Cassady Camden Aug. 30, 1858 April 16 " it John J. Searing Newark Mar. 14,1859 Mar. 19, 1859 COMMISSIONERS OF DEEDS. 95 States, &c. Names of Commissioners. Residence. Date of Appointment. When evidence of Qualification filed. New Jersey, William Burnett Jersey city Dec. 15,1858 1 Not filed. New York, Michael L. Killer New York city Jan. 16, 1858 Jan. 25, 1858 a H. H. Woods do Jan. 30 " 1 Not filed! it G. S. Hutchinson do iFeb. 15 " I Mar. 3, 1858 tt Jalvin N. Northrop New York city iFeb. 25,1858 Aug. 10, 1858 tt Jos. C. Lawrence do Mar. 5 " I Mar. 31 " tt 3has. J. Bushnell do April 1 " Mar. 17 " it Win. C. Ford Brooklyn April 15 " April 6 " it Mosses B. Maclay New York city Mar. 31 " Mar. 17 " it a Augustin P. Mange Henry E. Marvin do Mar. 15 " Mar. 20 " do |Mar. 30 " April 26 " a Daniel * Porter do |Mar. 31 " Not filed. a it Juliua li. Ponieroy Rob t P. Neale Brooklyn i April 10 " April 17, 1858 New York city | April 17 u Not filed. tt 3enj. A. Hedgman do j April 17 " iMay 1, 1858 it tt T. L. Marcellus Wm. Brooke do April 17 " .April 20 " do April 19 " Not filed. it Benj. A. Lavander do April 22 " May 1, 1858 it Zephaniah Platt do April 26 " I May 15 " it Wm. J. Sinclair do May 20 " May 1 it Amasa C. Mooro do April 26 " Dec. 6 " tt 3has. H. Smith do May 1 " ISep. 14 " it R. A. Watkinson do May 21 " June 7 " li Edwin F. Corey, sr. do May 28 " June 4 " tt Edwin F. Corey, jr. do May 28 " June 4 tt Thos. L. Thornell do May 31 " June 5 " tt Daniel Seixas do June 4 " June 14 " it W. R. L. Ward do June 11 " June 16 " tt Henry H. Bostwick Auburn, July 31 " Aug. 25 " tt James W. Hale |New York city Aug. 6 " Not filed. tt ti Henry C. Banks Sylvester Lay do do Aug. 6 " Aug. 12, 1858 Aug. 9 " Sep. 4 " it tt Lewis Hurst William Birney Brooklyn New York city Aug. 9 " Aug. 12 " Not filed. Oct. 4, 1858 it Henry Dunlap do Aug. 18 " Sep. 15 " it tt Gordon L. Ford j Brooklyn John M. -McKinney New York city Sep. 9 " Sep. 11 " Sep. 15 " May 19, 1859 tt tt James D. Hall Solomon Dingee Brooklyn New York city Sep. 13 " Nov. 5 " Not filed. Mar. 12, 1859 ti Joseph G. Wilson do Nov. 22 u [Nov. 29, 1858 tt A. R. Woods do Nov. 22 " |Dec. I " it T. C. Callicot do Dec. 2 " iDec. 10 " it F. E. Houghton do Dec. 27 " Jan. 14, 1859 tt H. L. Emmons, jr. do Jan. 3, 1859 Jan. 10 " it Marcus D. Larrowe do Jan. 3 " Not filed. it Thurber Bailey do Jan. 5 " Jan. 17, 1859 ti Charles Nettleton do Jan. 5 " Feb. 9 " tt D. C. Osborne Troy Feb. 11 " Not filed. it W. C. H. Waddcll |New York city Feb. 24 " Mar. 7, 1859 ti Horace Andrews do Feb. 28 " Mar. 4 " it H. P. Randolph do May 10 " May 19 " it James C. Carlisle do May 12 " Not filed. it Allan Rutherfoord do May 14 " iMay 19, 1859 it Edward Bissell do May 14 " May 19 " tt William Furniss do June 20 " Not filed. it J. B. Nones, do Aug. 10 " July 30, 1859 u Fred k Vincent, jr. do Aug. 4 " INot filed. it Benjamin Rankin do Sept. 17 " Sep. 23, 1859 it it John A. Corey N. William Busteed Saratoga Springs Sept. 22 " i New York city lOct. 13 " Not filed. Nov. 25, 1859 96 COMMISSIONERS OF DEEDS. States, &c. Names of Commissioners. Residence. Date of Appointment. When evidence of Qualification filed. New York, John Livingston New York city Oct. 29, 1859 Not filed. a A. Van Sinderin do Nov. 12 " Not filed. (j Alex r Ostrander do Nov. 30 " Dec. 7, 1859 n James E. Hadnett do Dec. 20 " Not filed. il Francis A. Hall do Dec. 24 " Dec. 28, 1859 Ohio, Sam l S. Carpenter Cincinnati Jan. 27, 1858 Feb. 4, 1868 it E. A. Thompson do Jan. 30 " Feb. 8 " it Alex r H. McGuffey do Mar. 5 " April 8 " n Edward R. Newhall do May 24 " Aug. 12 " it Robert A. Folger Starke county May 28 " Not filed. (i John A. Lynch Cincinnati June 17 " Sep. 30, 1858 it James Parker, jr. do Sep. 15 " Sep. 30 " u John G. Douglass do Dec. 22 " Jan. 5, 1859 a John P. Jackson do Oct. 12, 1859 Not filed. n John H. Piatt do Nov. 12 " Nov. 22, 1859 Pennsylvania. Jonathan H. Waters Philadelphia Jan. 11, 1858 Jan. 22, 1858 J u 1 1 David H. Hazen iPittsburg J. P. Montgomery Philadelphia Jan. 30 " Mar. 31 " Feb. 5 " Mar. 22 " n John Binns do Mar. 31 " April 2 " a Arthur M. Burton do April 1 " April 7 " a John H. Frick do April 1 " April 21 " a Franklin Shippen do April 6 " April 10 " n u n D. W. Hutchison Hugh W. Tener H. W. Safford Erie Philadelphia do April 17 " May 16 " May 19 " Aug. 9 " Not^ filed. Resig n rec d July 10, 1858. 11 J. Wagner Jarmon do May 24 " Sep. 9 " u Chas. E. Buck do June 28 " July 12 " n Samuel Chew do Sep. 19 " Sep. 27 " a David B. Birney do Aug. 9 Aug. 13 " n Benj. F. Blood Pittsburg Jan. 8, 1859 Jan. 20, 1859 n Joshua Spring Philadelphia Feb. 14 " Not filed. u Wm. Sergeant do Feb. 17 " Not filed. n Samuel L. Clement do Mar. 11 " Mar. 16, 1859 n Charles Sergeant do Mar. 22 " Mar. 31 " 14 Theodore D. Rand do April 16 " April 21 " li John Binns do Sep. 24 " Oct. 10 " 11 Edwin Smethurst do Nov. 2 " Nov. 7 " Rhode Island. Wingate Hayes Providence Oct. 8, 1858 Not filed. u Henry Martin do Feb. 17, 1859 Feb. 24, 1859 S. Carolina, Samuel J. Hull Charleston April 4, 1858 April 5 1858 Tennessee, J. D. Goff Memphis Mar. 17 " Not filed. u Egbert A. Raworth Nashville Aug. 12 " Aug. 12, 1868 it T. W. King Clarksville Aug. 18 " Not filed. a James E. Temple Memphis Feb. 7, 1859 Oct. 3, 1859 n John H. Harrison do Feb. 14 " Mar. 22 " u Edw d B. Trezevant do Mar. 22 " April 2 " Texas, J. Thompson Hallett Austin Jan. 29,1858 Not filed. a E. F. Gray Houston April 17 " Not filed. u Rob t D. Johnson Galveston April 26 " May 21, 1858 it A. F. James do June 8 " Feb. 14, 1859 a J. H. H. Woodward Houston July 13 " Aug. 12, 1858 it Wm. Anders Harris county Aug. 25 " Sep. 22 " u Samuel Bell Maxey Paris, Lamar co. Mar. 11,1859 June 27, 1859 il Samuel J. Galbraith Fannin county May 26 " Not filed. 11 John Reily Houston Nov. 15 " Not filed. Vermont, Samuel Williams Rutland, Rutd. co Mar. 22 " Not filed. Wisconsin. J. C. Starkweather Milwaukie April 6, 1858 Not filed. n Edward Pollock Lancaster, Grant county Aug. 5, 1859 Not filed. T .A. IB L IE Showing the Times for the Commencement of the Regular Terms of each Circuit and Corporation Court, Counties and Corporations Circuit Courts. When terms commence. County and Corpora tion Courts. Monthly terras. County and Corporation Courta. Quarterly terms. CIRCUITS. Accomack, 5. 1st Monday in May and 1st day of November, Last Monday, March, May, August, Nov r. Alriemarle, 10. 2d Monday in May and Oct r, First Mouday, Do June, do do Alexandria, 9. 3d Monday in May and 2d Monday in November, Fourth Monday, Feb y, May, do do Alleghany, 14. 9th of April and September, Third Monday, March, June, do do Amelia, 2. 25th April and 20th October, Fourth Monday, Do May, do do Amherst, 10. 22d of March and August, Third Monday, t Do June, do do Appemattox, 3. 21st April and (September, Thursday after 1st Monday, Do May do do Augusta, 11. 1st June and 1st November, Fourlh Monday, Do do do October. Barbour, 21. 8th M*y and October, First Monday, Do June, do Novem. Bath, 11. 15th May and October, Second Monday, Do do do do Bedford, 4. 25th April and September, Fourth Monday, Feb y May, July, do Berkeley, 13. 24th April and September, Second Monday, March, June, August, do Boone, 15. 2d Mouday after 4th Monday Wednesday after 2d in April and September, Monday, Do do do do Botetourt, 14. 26th May and October, Second Monday, Do do do do Braxton, 19 27th April and September, fcirst Tuesday, Do do do do Brooke, 20. 18th Mar;h and August, Last Monday, Feb y May, July, do Brunsw iek, 2. 27th March and 2J October, fourth Monday, March, do August, do Buckingham, 3. 5th April and September, Second Monday, Do do do do Cabell, 18. 27th Mrtrch and August, Fourth Monday, Do June, do do Calnoun, 19. 12ih April and September, First Tuesday after 4th Jlj Monday, Do do do do Campbell. 8. 18th May and October, Second Monday, Do do do do Caroline, 8. 1st March and 18th Sept., Second Monday, Feb v, May, do do [To take effect June 1st, 1861.] Carroll, 16. Monday before last Monday Charles City in March and August, First Mov day. March, June, August, Nov r. Charlotte, 3. 25th March and August, First M<n:iay, Do June, do do Chesterfield, 2. 7th May and 12 November, Second Monday, Do do do do Clarke, 13. 12th May and October, Second Monday iu Jane and 4th 3n other months, Feb y, May, July. October. Clay, 15. 1st April and September, Second Mouday, March, June, Aug. Nov r. Craig, 14. Tuesday after 1st Monday ii March and August, Fourth Monday, Do do do do Culpeper, LO. 1st Monday June and Nov r, Third Monday, Do May, do do Cumberland, 8. 5th March and August, Fourth Monday, Feb y, do July, October. Danville, 4. 22d March and August, Thursday after 2d Monday, Marsh, June, Aug. Nov r. Dimviddie, 2. 20th March and 26th Sept., Third Monday, Do M*y, do do Doddridge, 19. 22d May and October, fourth Monday, Do June, do do Elizabeth City, 6. 15th March and September, fourth Thursday, Do Miy, do do Essex, 8. 25th April and 12th Nov., Third Monday, Do do do do Fairfax, 9. 1st Monday June and Nov., Third Monday, Do June, do do Fauqu er, 9. Tuesday after 1st Monday in April and September, """ourth Monday, Do May, do do Fayette, 15- 7th June and November, Thursday after 2d Tuesday, Do June, do do Floyd, L6. 1st Monday April and Sapt. Thursday afterSd Mon day, Do do do do Fluvanna, 10. 10th April and September, osrth Monday, Do Miv. do do Franklin, 4. 15th May and October, irst Monday, Do June, vlo do Frederick, 18. 10th June and November, Monday before 1st Tuesday, Do do do do Fredericksburg. _____ Second Thursday, Do do Oct r, Dec r. Gi es, 15. 21th May and October, Second Monday, Do do Aug t, Nov r. Gilmer, 9. 19th April and September, Tuesday after 3d Mon day, Feb y, do de do 98 TIMES AND PLACES OF COURTS. Counties. and Corporations Circuit courts. When terms commence. County and Corpora tion Courts. Monthly terms. County and Corporation Courts Quarterly terms.j Circuits. Gloucester, 6. 13th April and October, First Monday, March, May, August, Novem. Goochland, Orayson, 10. 1st April and September, 16. 4th Monday April and Sept. Third Monday, Fourth Monday, Do do do do Feb ry, do July, October. Greenbrier, 14. 8th May and October, Fourth Monday, March, June, August, Novem. Greene, 10. 3d Monday June and Nov r, Wednesday after 2d Monday, Do do do do Greenesville, 1. 28th April and 2d Nov r, First Monday, Do May, do October. Halifax, 3. 1st day of May and Oct. Fourth Monday, Do June, do Novem. Hampshire, 13. 1st April and September, Fourth Monday, Do do do do Hancock, 20. 10th March and August, Tuesday after 2d Monday, Jan y, April, June, October. Hanover, S. 10th March and 26th Sept. Fourth Tuesday, Feb y, do July, Novem. Harrison, 21. 15th April and September, First Monday, " March, June, August, do Hardy, 12. 20th April and September, Monday before 1st Tuesday, Do do do do Henrico, 6. 23d April and October, First Monday, Do May, do do Henry, 4. 1st April and September, Second Monday, Do June, do do Highland, 12. 2d May and October. Thursday after 3d Monday, Do May, do October. Isle of Wight, 1. 16th May and ISth October, First Monday, Do June, do Novem. Jackson, 18. 2d May and October, Second Mond ay, Feb y, do do do James City and Williamsburg, 6. 25th May and November, Second Monday, March, do do October. Jefferson, 13. 20th May and October, Second Monday in June and October, 3d in other months, Do do do do Kanawha, 18. 27th May and October, Third Monday, Feb y, do do Novem. King George, 8. 23d March and 12th Sept. First Thursday, March, do do do King & Queen, King William, 8. 2d May and 19th of Nov r, 8. 13th May and 25th Nov r, First Thursday, Fourth Monday, Do May, do do Do do do do Lane-aster, 8. 15th April and 2d Nov r, Third Monday, Do do do do Lee, 17. 2d Monday after 4th Monday in April and September, Do June, do do Lewis, 19. 8th May and October, Second Monday, April, do do Septem. Logan, 15. 1st Monday after 4th Monday , i in April and September, Third Monday, March, do do Novem. Loudoun, 9. 4th Monday in April and 3d ,-. Monday in October, Second Monday, Do do do do Louisa, 10. 20th April and September, Second Monday, Do do do do Lunenburg, Lynchburg, ^/. 13th April and 8th October, 3. 3d of June and 3d Nov r, Second Monday, First Monday, Do May, do do Do June, do October. Madison, Marion, 10. 1st Monday March and Aug. 21. 10th Juno and November, Fourth Thursday, First Mondav, Feb y, do do do March, do do Novem. Marshall, 20. 1st May and 1st October, Third Monday, Do do do do Matthews, Mason, 6. 6th April and September, 18. 18th April and 18th Sept. Second Monday, First Monday, Do May, do do Feb y, Juno, do do Mecklenberg, 2. 2d of April and 15th Sept. Third Monday, Do May, do do Mercer, 15. 27th May and October, Thursday after 2d Monday, March, June, do do M-VDwell Middlesex,, 17. 1st Monday March and Aug. 6. 1st April and October, Second Monday, Fourth Wednesday, Do do do do Do May, do do Monongalia, 20. 1st of April and September, Fourth Monday, Do June, do do Monroe, 14. 25th April and September, Third Monday, Do do do do Montgomery, Morgan, 16. 2d Mondav in April and Sept. 13. 6th May and October, First Monday, Fourth Monday, Do do do do Do do Sept. do Nansemond, 15. 16th April and 12th October, Second Monday, Do do August, do Nelson, 10. 27th day of April and Sept. Fourth Mondav, Feb y, May, July, do New Kent, 6. 10th May and November, Second Thursday, March, do August, do Nicholas, 15. 6th April and September, Monday before 2d Tuesdav. Do June, do do Norfolk city, Norfolk county, 1. 1st June and 15th November, 1 Fourth Monday, 1. 1st April and 28th Sept. 1 Third Monday, Feb v, April, July, October. March, June, August, Novem. Northampton, 5. 3d Monday in April and Sept. Second Monday, Do do Sept. do Northumberland 8 9th April and 28th October, Second Monday, Do May, August, do Nottoway, Ohio, Orange, 2. 20th April and 15th October, 20. 10th May and October, 10. 1st May and October, First Thursday, Second Monday, Fouith Mondav, Do do do do Feb y, July, Sept. Decem. March, May, August, Novem. Page, 12. llth April and September, Fourth Monday, Feb y, do Julv, do Patrick, 4. 12th April and September, Fourth Monday, Do do do do Pendleton, 12. 27th April and September, Thursday after 1st Tuesday, March, June, Sept. do Petersburg, 2. 22d May, 16th November, Third Thursday, Do do do Decem. Pittsylvania, 4. 28th May and October, Third Monday, Do do August, Novem. Pleaaantd, 19. 30th May and October, Thursday after 2d Monday, Feb y, May, July, October. TIMES AND PLACES OF COURTS. 99 Counties and Corporations Circuit Courts. When terms commence. County and Corpora tion Courts. Monthly terms. | County and Corporation Courts Quarterly terms. CIRCUITS. 1 Pocahontas, 14. 16th April and September, First Tuesday, j March, June, August, Nov Powhatan, 2. 2d May and 27th October, ; First Wednesday, \ Do do do Oet Preston, 21. 18th March and August, Second M /nday, j Feb y, May, July, Nov. Princess Anne, 1. 25th May and 22d September,! First Monday, March, June, August, do r.nce Edward, 3. 15th March and August, iThird Monday, | Feb y, May, July do Prince George, 2. 17th May and 12th Nov. "econd Thursday, ! March, do August, do Prince William, 9. 2d Monday in May and Oct. [First Monday, i Do June, do do Pulaski, 16. 3d Monday in April and Sept.jThnrsday after 1st 1 Monday, Do do do do Putnam, 18. 8ih April and September, Fourth Monday, Do do do do Raleigh, 15. 3d M nday April and Sept. First Monday, Do do do do Randolph, 21. 26th May and October, Fourth Monday, Do do do do Rappahannock, 9. 3d Monday in March and 1st! Richmond City, Monday in October, 7. Int November and 1st May, Second Monday, ! Do May, do do Second Monday, Jan y, April, July, Oct. Richmond Co., 8. 3d April and 23d October, First Monday, j March, May, August, Nov. Ritchie, 19. 15th April and September, Tuesday after 1st Moa-| day, Feb y, June, do do Roane, 18. 17th May and October, First Monday, j Jan y April, Jnly, Sept. Roanoke, 14. Wednesday after 4th Monday 1 in March and August, Third Monday, March, June, August, Nov. Rockbridge, 11. 12th April and September, Monday before 1st Tuesday, Do do do dn Rockingham, Russell, 12. llth May and October, 17. 4th Monday April and Sept. Third Monday, Tuesday after 1st Mon Feb y May, do do day, ! March, Jane, do do Scott, 17. 3d Monday after 4th Monday April aud September, Tuesday after 2d Mon day, Do do do do Shenandoah, 12. 30th March and August, Monday before 2d Tuesday, Do do do do Smyth, 17. 1st Monday April and Sept. Tuesday after 1st Mon- day, | Do do do do Southampton, 1. 2d May and 7th October, IThird Mondaj, j DD do do do Spottsylvania, 8. 20th May and 6th October, First Monday, Do do do do Stafford, 9. 4th Monday March and Sept. ; Third Wednesday, 1 Do do do do Staunton, _ Wednesday after 1st Monday, Feb y, May, July, Oct. Surry, 1. 10th May and 25th October, Fourth Monday, March, do August, Nov. Sussex, 1. 24th April and 29ch October, First Thursday! Do do do Oct. Taylor, 21. 4ih.Mirch.and August, Fourth Monday, Do June, do Nov. Tazewell, 17. Last Monday March and Aug. Wednesday after 1st Monday, j Feb y, May, July, Oct. Tucker, 21. 22d May and October, Third Monday, March, June, August, Nov. Tyler, 20. */2d April and September, Second Monday, Do do do do Upshur, 21. 4 h April and September, Third M ndtty, Do do do do Warren, 12. 25ih MirchiUid August. Third Monday, Do May, do do Warwick, 6. 21ii M vrch tmd September, Second M >nday, Do June, do Dec. Washington, 17. 2d M .nday Apri< and Sept. Fourth M mday, Do do do Nov. Wayne, 18. 20th Much and August, Tuesday after 1st Mon day, i Do do do do Webster, 15. 14th April and September, Fourih Tuesday, do do do Westmoreland, 8. 28 h March in 1 ISth Oct. [Fourth Monday, Aoril. May, do do Wetzel, 20. lah April aud September, Tuesdaj after IstMon- day, Feb v, do July, Oct. Williamsburg, 6. 25th May and November, Fourth Monday, March, June, August, Nov. Winchester, Wirt, 19. 3d April and September, First Saturday, \ Do May, do do Tuesday after 4th Mon-i day, ! Feb y, June, do do Wise, 17. 1st M >nd \y after 4th Monday j in Apr;l and September, Fourth Monday, March, do do do Wood, 19. 5th Jiine and N >vember, Third Monday, Feb y, do do do Wyoming, 15. 4th Mjnday April and Sept. Friday after 3d Mon day, March, do do do Wythe, 12. 1st Mond y May aud Oct. Second Monday, Do do do do York, 6. 2oth Mircu and September, Third M mday, Do May, do Oct. I ItT ID IE TO THE ACTS OF THE GENERAL ASSEMBLY. BERKELEY COUNTY. An act giving the consent of the State of Virginia to the county of Berke ley being admitted into and becom ing part of the state of West Vir ginia, 41 Preamble, 41 Polls to be opened, 41 Poll Books, 41 Superintendence, 42 Form of returns, 42 Where said returns are to be filed, 42 Governor may postpone opening of polls, 42 When said county may become part Of new state, 42 Commencement, 42 BIDDLE, SPENCER An act authorizing the county court of Marshall (O-inty to re -assess two hundred and six acres of land in Marshall county belonging to, 12 Proviso, 12 Commencement, 12 BOARD OF PUBLIC WORKS. An act authorizing the board of pub lic works to hire out certain convicts, 26 Preamble, 26 Commencement, 27 BRIDGES. An act making an appropriation to re build a bridge over Stony river on the northwestern turnpike in Hardy county, 36 Commencement, 87 BROOKE ACADEMY. An act to repeal and re-enact section second of an act to authorize the trustees of, to transfer their proper ty to the Meade Collegiate Institute and to authorize said Institute to transfer the same property to the trustees hereinafter appointed, pass ed February 6, 1862, 27 Section 2nd amended and re-enacted,.. 27 Commencement, 27 BUCKHANNON. An act extending the boundary line of, 4 Commencement, 4 CAPITATION TAX. An act appropriating the capitation tax for the year 1862, for educa tional purposes 37 The auditor to ascertain the amount paid into the treasury for the years 1861 and 1862, 27 How fund to be applied, 37 What constitutes the fund, 37 Pioriso, 87 Commencement, 37 CITIZENS RAILWAY COMPANY. An act to incorporate the citizens rail way company of the city of Wheel ing, 33 Name of company, 33 Powers, 33 Consent, 33 Capital stock, 34 Shares, 34 Notice of meetings, 34 Organization, 34 Terms, 34 May increase capital stock, 34 Wheeling and Belmont Bridge Com pany may subscribe, 34 Transfer of stock, 35 Dividends, 85 Guage of road, 35 Offences, 35 Limitation of suit, 35 Grades of streets, 36 Powers of corporations through which road passes, 36 Tax, 36 Fare, 36 Commencement, 36 CLARKSBURG COAL AND IRON COMPAKT. An act to incorporate, 102 INDEX. Name and s>tyie of company, ..25 Capital stcck,. >......,.. ,-....;... y/25 Shares... .;..- ;..... .,....:...... .. 25 Subscriptions, , 25 President and directors may purchase land, 25 Power to issue coupon or other bonds, 25 Commencement, 25 COAL LANDS. An act in relation to coterminous coal lands west of the Blue Ridge moun tains in Virginia, 11 No owner or tenant of land contain ing coal, permitted to open, sink, dig, excavate or work in any coal mine or shaft, within five feet of the line dividing said line from that of another, without consent in writing, 11 Penalty, 11 Persons interested to have egress and ingress, 11 But not oftener than once a month, 11 Forfeiture for refusal, 11 Summons, 12 Cost of summons, &c., 12 Commencement, 12 CODE. An act to amend and re-enact section ten of chapter seventy of the Code, 22 Commencement, 23 An act to amend and re-enact the first and seventh sections of chapter for ty-six of the Code, 23 Commencement, 24 An act providing for the amendment and re- enactment of the eleventh sec tion of chapter twenty-nine of the Code of 1860, 28 Commencement, 28 An act to amend the second section of chapter four in relation to dis tricting the State for representatives in congress, 32 Section second amended and re-en acted, 32 Apportionment of representatives, 32 Number of districts, 32 First district, 32 Second " 32 Third " 32 Fourth " 32 Fifth " 32 Sixth " 32 Seventh " 32 Eighth " : 32 Ninth " 33 Tenth " 33 Eleventh " 38 Commencement, 33 An act to amend and re-enact an act passed the 28th day of March, 1861, amending and re-enacting the sev enth section of the one hundred and sixty-fifth chapter of the Code, 47 All acts or parts of acts inconsistent with this act repealed, 47 Commencement, 47 An act to amend and re-enact the sec ond and third sections of the third chapter of the Code of 1860, 67 Commencement, 68 COMMISSIONERS OF THE REVENUE. An act authorizing the auditor to reg- , ulate the compensation of the com- missioners of the revenue in cer tain cases, 69 Commencement, 70 When the auditor is required to ap point, 74 Commencement, 74 An act directing in what manner com missioners of the revenue in certain counties shall return their books,.... 66 Commencement, 67 CONN, CALEB An act authorizing the county court of Preston county to re-assess one hun dred and ninety and one-fourth acres of land in Preston county be longing to, 21 Proviso, 21 Commencement, 21 CRIMINALS. An act providing for the removal of criminals and criminal causes from the counties of Braxton and Ran dolph to the county of Lewis, 26 Commencement, 26 An act providing for the removal of criminal causes from the county of Tucker to the county of Preston,.... 29 Commencement, 29 CURRAN, PETER An act to appropriate the residuary fund, under the last will and testa ment of, 7 Appropriated to Brooke Academy,.... 7 Executors directed to pay to Brooke Academy, 8 Authority to sue, 8 Power to sell, 8 Additional trustees, 8 Commencement, 8 DAVIS, THEODORE An act for the relief of, 69 INDEX. 103 Released from fine, Commencement, . . . DEBTS. An act to amend and re-enact the act passed .July 26, 1861, entitled an act staying the collection of certain debts, No writ of fieri facias to issue, Levy, Property to be returned to owner, Lien, Lien on real and personal estate, What included, Exceptions, Commencement, Expiration, Ai\act staying the collection of, No writ of fieri facias or other process to issue, No sales under any deed of trust here tofore executed, Levy, Property to be returned to owner, Lien, Lien on personal and real estate, What is included, Debtor required to pay interest on de mand, When creditor may enforce collection of his debt, Proviso, When debtor may contest creditor s right to proceed against him, Proviso, Exceptions, Proviso, Commencement, Expiration, An act imposing a tax on, Proviso, Housekeepers allowed one dog, By whom taxes are to be paid, Fine, Number of dogs to be disclosed on oath, How taxes collected and accounted for, Duty of courts,.". Lists, Demand, Duty of constables, Fine, Returns how to be made, Fee for killing dogs, How paid, Fee for listing and furnishing copy of list, How money arising from dogs dispo sed of, Proviso, Commencement, DOWNEY, STEPHEN W. Preamble, 10 Any court of this commonwealth, upon satisfactory evidence, authorized to grant a certificate of age, residence and character. 10 Commencement, 10 ELECTIONS. An act changing the place of holding in the county of Preston, 9 The election heretofore authorized to be holden at Nine s house, in the eighth magisterial district, discon tinued, 9 The election in said precinct to be held at the house of Wm. H. Brown,.,... 10 Commencement, 10 An act changing the place of holding in the county of Jackson, 13 The election heretofore authorized to be holden at the house of William Slaven, in the fifth magisterial dis trict, discontinued, 18 Commencement, 13 An act changing the place of holding in the county of Hardy, 17 The election heretofore held at Mi chael s abolished, 17 To be held at the house of John W. Athey, in Greenland, 17 An act changing the place of holding in the county of Monongalia, 17 The election precinct discontinued,. ... 17 The election to be held at the house of James Arnett, 17 J Commencement, 17 ! An act establishing a place of voting at Rockford school-house, in the 3d magisterial district of Harrison county, 18 Commencement, 18 An act authorizing the governor to postpone the May election for the year 1863, 31 Commencement, 31 ELK RIVER. An act declaring a part of, a lawful fence, Commencement, FISHER, UEORGE An act for the relief of, commissioner of the revenue for Lewis county,.... 31 Auditor to pay sevent} r -five dollars,.... 31 Commencement, 31 FISHING CREEK. An act declaring the north fork in the county of Wetzel, a public highway, 28 104 INDEX. Unlawful to obstruct navigation of, 29 Commencement, . 29 FRANKLIN INSURANCE COMPANY. An act to incorporate, 4 Persons incorporated, 4 Name of company, 4 Rights, powers and privileges, 4 Rules, regulations and restrictions, 4 Capital stock, 4 Value of shares, 4 Subjects of insurance,.- 4 Endowments, 4 Reversionary payments, 4 May guarantee payment of promissory notes, 5 May be insured, 5 May invest in stocks, &c., 5 May loan money, 5 May discount notes or bills of exchange, 5 Secretary a competent witness, 5 Proviso, 5 When the capital stock is payable, 5 Subscribers when to give bond, 5 Condition of bond, 5 How interest and damages may be re covered against subscribers failing to pay, 5 Who to examine bonds, 5 May require new bonds, 6 Failure to give bond, 6 Officers, 6 Quorum, 6 Directors how elected, 6 Terms of office of president, vice pres ident and directors, 6 Vacancy how filled, 6 How secretary appointed, 6 Compensation, 6 Agents, 6 Rules, orders and by-laws, 6 Scale of voting, G Who not permitted to transfer stock or receive dividends, 7 Commissioners, 7 Notice, 7 Responsibility of stockholders, 7 Location of company, 7 Commencement, 7 Perpetual, 7 Reservation, 7 GUYANDOTTE, BANK OF An act to amend and re-enact an act entitled an act to incorporate the bank of Guyandotte, passed March 2, 1854, 75! Sections first, second, third and eighth amended, 75 Commencement, 77 HARRISON, GREENVILLE An act for the relief of, 68 Auditor directed to issue his warrant in favor of, 68 Commencement, 69 HAY, ALEXANDER An act for the relief of, 72 Sale of Alexandria and Washington railroad made a lawful sale, 72 Not affected by the law staying the col lection of certain debts, 73 Commencement, 73 HILDRETH, SAMUEL P. An act for the relief of, treasurer of the savings bank of Wheeling, 12 Auditor directed to issue his warrant in favor of, 12 Commencement, 12 HOLLIDAY S COVE RAILROAD COMPANY. An act to amend the charter of, 17 Permission, 17 Sections repealed, 17 Proviso, 17 Commencement, 17 HOSTAGES. An act authorizing the governor to ar rest disloyal persons as hostages, 63 Preamble, 63 Who to be seized and held as hostages, 63 Commencement, 63 JAUKSON COUNTY. An act changing a place of voting in,. ..43 Commencement, 43 KANAWHA BOARD. An act to amend and re-enact the act passed May 15, 1802, entitled an act to re-organize the Kanawha board,. ..29 Section four amended and re-enacted, ..30 Section five amended and re-enacted,. ..30 Commencement, 30 KIMBALL, CIIAS. II. (TRUSTEE,) An act to authorize, to construct and maintain a tram or railroad from Franklin Furnace to the B. & 0. B. R., in the county of Preston, 13 May be amended or repealed by general assembly, 13 Commencement, 13 LEWIS, FERDINAND An act to legalize the appointment of, as administrator of the estate of Solo mon Michael, sr., late of Hardy county, 30 INDEX. 105 Bond authorized to be filed in Preston county court, 30 Commencement, 30 LITTLE KANAWHA NAVIGATION COMPANY. An act to incorporate, 70 Wh authorized to open books of sub scription, 70 Capital stock, 70 Name of company, 70 Number of votes authorized to be cast bj stockholders, 70 Improvements, 70 Tolls, 71 | Power to borrow money, 71 In what time improvements to be com menced, 71 Commencement, 71 LUNATIC ASYLUM. An act appropriating forty thousand dollars to the Lunatic Asylum west of the Allegheny mountains, 25 How to be expended, 25 Commencement, 25 MAYO, E. H. An act for the relief of, 31 Commencement, 31 MARTINEY, JOSEPH An act for the relief of, late commis sioner of the revenue for Barbour county, 10 Auditor directed to issue his warrant in favor of, 10 Commencement, 10 MILITARY DUTY. An act allowing certain claims out of any money derived from assessment of fines for the non-performance of military duty, under the order of the governor by his proclamation dated eptember 9, 1862, 40 Expenses of militia, 40 Commencement, 40 MILEAGE. An act allowing to the delegates of the convention, 29 Commencement, 29 MISDEMEANORS. An act repealing an act passed Februa ry 15, 1862, entitled an act to provide for the payment of costs in prosecu tions for misdemeanors, 75 Commencement, 75 | MORGAN COUNTY. An act changing the place of holding elections in, 40 New place of voting, 40 Commencement, 40 ORDINANCE. An act to amend and re-enact the sev enth section of the ordinance passed June 19, 1861, entitled an ordinance to authorize the apprehending of sus picious persons in time of war, 63 Commencement, 63 An act amending and re-enacting the fourth section of the ordinance pass ed June 21, 1861, 73 Commencement, 74 PARSONS, SOLOMON An act for the relief of, in the county of Tucker, 43 Auditor to issue warrant, 43 Commencement, 43 PITTSBURGH AND STEUBENVILLE COAL COM PANY. An act to incorporate, 21 Style of company, 21 Subject to rules, regulations and restric tions of Code, 21 Shares, 21 Subscriptions, 21 Proportion of votes, 21 Directors, 22 Power of president and directors, 22 Authorized to construct a railroad, 22 May acquire not exceeding fifty acres of land, 22 Commencement, 22 PLEASANTS COUNTY. An act changing the place of holding elections in, 41 Election precinct abolished, 41 Election precinct established, 41 Commencement, 41 PUBLIC HEALTH. An act amending and re enacting sec tion thirteen of an act passed July 26, 1861, entitled an act to provide for the public health, 75 Commencement, 75 PUBLIC REVENUE. An act appropriating for the fiscal year 1862-3 and a part of the fiscal year 1863-4, 60 Expenses of general assembly, 61 Salaries of officers of civil government,^! Judiciary, 61 106 INDEX. Criminal charges, 61 Contingent expenses of courts, 01 Convicts, Gl Lunatics, 61 Adjutant General, 61 Public printer, 61 Elections, 61 Commissioners of revenue, 61 Coroner s inquests, 61 Clerks in auditor s office, 61 Clerks in treasurer s office, 61 Clerks in adjutant general s office, 61 Janitor, ^ 61 Contingent expenses of auditor, treas urer and secretary of the common wealth, 61 Civil contingent fund, 61 Expenses of convention, 61 Vaccine agent, ..61 Principal of Linsley Institute, 62 Sick, wounded and dead soldiers be longing to Virginia regiments, 62 Sergeant-at-arms of house of delegates, 62 Mrs. Tompkins, 62 Collecting and taking care of arms, 62 Clerk of senate, 62 Who not entitled to claim or receive any money by virtue of this act, 62 What moneys to constitute a general fund, 62 Commencement, 62 RED MEN. An act to incorporate Logan Tribe, No. 21 of the improved order of, in the city of Wheeling, 16 Individuals incorporated, 16 Made a body politic and corporate, 16 Name and style of company, 16 Authorized to make all needful laws and regulations, 16 Commencement, 16 May be altered, amended or repealed, _1 6 RATHBONE S HEIRS An act for the relief of Wm. P. Ratli- bone s heirs, 47 Preamble, 47 Commissioners, 47 Commissioners to make deeds, 47 Rathbone Petroleum company incorpo rated, . ,.48 Capital stock, 48 Authorized to use steam and other ves sels and vehicles necessary for their business, 51 Commencement. 51 May be altered, amended or repealed, ..51 SLACK, JOHN JH., An act for the relief of, 3 1 Allowed until the 20th day of February 1863, to give bond and security, 3 j Commencement, 3 SMITH & WILLIAMS. I An act authorizing, to sell goods in Jackson county, 24 I Sheriff authorized to issue a license to, 24 i Proviso, .24 I Commencement, 24 I - - .; ; - (fn *;r jv;;: SEVENTH CONGRESSIONAL DISTRICT. An act providing for the return of the special election for a representative in, held on the loth day of January, 1863, :..24 Clerk of county court authorized to make returns, 24 Commencement, 24 SUITS. An act authorizing the revival of cer tain suits depending in the courts of this commonwealth, 74 Suits not to abate or be dismissed, 74 Commencement. 74 STOUT, j. w. An act for the relief of, late commis sioner of the revenue for Pleasants county, , 10 j Auditor directed to issue his warrant,.. 10 j Commencement, 10 SHERIFFS. An act providing for the repeal of an act passed February 13, 1862, enti tled an act to provide for the exten sion of time to execute writs of fieri facias on certain judgments, 14 I Commencement, 14 SNIDER, HENRY An act for the relief of, 44 Released from fine, 44 Commencement, 44 TAXES. An act imposing taxes for the support of the Government, 51 , Taxes, 51 j Amount of taxation on real property not exempt, 51 Tax on personal property not exempt, and on monies and credits, 51 Slaves, 52 Free negroes, 52 White males, 52 Public bonds, ; ..52 Dividends of savings institutions and in surance companies, 52 Incomes and fees, 52 INDEX. 107 Tax payable by officers of government to be deducted at the time of payment of salary, 53 Toll bridges and ferries, 53 I Ordinaries and houses of public enter tainment, 53 Houses of private entertainment and public resort, 53 Cook shops and eating houses, 53 Bowling alleys, 53 Billiard tables, 53 Bagatelle tables, 54 Livery stables, 54 Distilleries, 54 Merchants, 54 Sale of liquors, 54 License to sell liquors, 55 Merchant tailors, lumber merchants and fuel dealers, 55 Commission merchants, tobacco auc- tioners or ship brokers, 55 Auctioneers, < 55 Sample merchants, 55 Patent rights, 56 Patent medicines, 56 Agents for renting houses, 56 Agents for hiring negroes, 56 Stallions and asses, 56 Theatrical performances, 56 Refreshments in theatres, 56 Public rooms, 57 Shows, 57 Porter, ale or beer, 57 Stock brokers, ....57 Bank note brokers, 57 Foreign insurance companies, 57 Physicians, dentists and lawyers, 58 Daguerrean gallery, 58 Express companies, 58 Bank dividends, 59 On suits, 59 Seals, 59 Wills and administrations, 59 Deeds, 59 Internal improvement companies, 59 Sales of horses, mules, jennets, asses, cattle, sheep or hogs, 60 Carriages and other vehicles, 60 Sales of slaves, 60 Commencement, 60 An act amending and re-enacting sec tion eight of an act passed Jan. 31, 1863, entitled "an act imposing taxes for the support of the government," ..73 Commencement, 73 TENTH VIRGINIA REGIMENT VOL. INFANTRY. An act to provide for the payment of certain volunteers in companies A and B of the 10th Va. regiment volunteer infantry for services rendered, not paid for, 44 Auditor authorized to pay certain vol unteers, 44 Proviso, 44 Commencement, 45 TURNPIKES. An act providing for placing a part of the Maryland and Ohio Turnpike un- derthe supervision of the county court of Marion , 66 Proviso, 66 Commencement, 66 WAGGENER, CHAS. B., TRUSTEE. An act to authorize to sell certain pro perty in Mason county, 18 Preamble, 18 Commencement, 18 WEST VIRGINIA. An act in reference to the troops raised within the boundaries of the proposed state of, -.40 Troops of West Virginia, 41 Commencement, 41 An act transferring to the proposed state of West Virginia, when the same shall become one of the United States, all this state s interest in property, un paid and uncollected taxes, fines, for feitures, penalties and judgments, in counties embraced within the bounda ries of the proposed state aforesaid, ..64 What moneys to be paid into the treasu ry of West Virginia, 65 Suits to be brought in the name of the state of, 65 State of West Virginia to account with this state, 65 Proviso, 65 Duty of officers of state, 65 Duty of governor, 66 Commencement,. 66 An act making an appropriation to the proposed state of West Virginia when the same shall become one of the United States,....;... 68 Additional appropriations, 68 Proviso, 68 The act passed May 14, 1862, repealed, 68 Commencement, 68 An act giving consent to the admission of certain counties into the new state of West Virginia upon certain condi tions, "71 Lawful for the voters of Tazewell, Bland, Giles and Craig to declare by their votes whether said counties shall be annexed to West Virginia, .......71 Also the counties of Buchanan, Wise, Russell, Scott and Lee, 71 108 INDEX. Also the counties of Alleghany, Bath and Highland, 72 Also the counties of Frederick and Jef ferson, 72 Also the counties of Clarke, Loudoun, Fairfax, Alexandria and Prince Wil liam, 72 Also the counties of Shenandoah, War ren, Page and Rockinghara, 72 Polls to be opened, 72 Consent, 72 Dutj of governor, 72 When election to be held, 72 Commencement, 72 WHEELING. An act to amend the charter of, 3 Section five of the act passed March 11, 1836, amended and re-enacted, 3 Who entitled to rote at city elections,... 3 Proviso, 3 Commencement, 3 An act to declare that the council of the city of, shall consist of two boards or branches, 14 ; When consent of both branchea&required, 14 Each branch the judge of the qualifica tion and election of its own members, 14 To make all needful rules and regula tions for government, 14 Which board called second branch, 14 Its capacity unimpaired, 14 Exception, 14 Of whom first branch shall consist, 14 How elected, 15 Elections for first branch, 15 How long to continue in office, 15 One member of first branch to be chosen annually from each ward, 15 Who eligible. 15 Power to fill vacancies, 15 Power of removal, 15 Proviso, 15 Who to preside at meetings of the first branch, 15 Chairman pro tempore, 15 Salaries, 15 Quorum, 15 Who to preside in second branch, 15 Duty of presiding officer, 15 President pro tempore, ,....15 How vacancy in office of mayor filled, ...15 Exception, 15 Temporary absence of mayor, 15 Appropriations of money, where to orig inate, 16 Power of council in reference to this act, 16 Commencement, 16 An act to regulate the election of officers by the council of the city of Wheeling,43 All officers to be elected by joint ballot,43 Commencement, 43 An act to confer upon the president of the second branch of the council of the city of Wheeling the power to ad minister oaths, 44 Commencement, 44 WHEELING RAILROAD BRIDGE COMPANY. An act to amend the charter of, 19 The first section of an act to incorpo rate, amended and re-enacted, 19 By whom books of subscription may be opened, 19 Where, 19 Amount of stock, 19 Name of company, 19 Fourth section amended and re-enacted, 20 Lawful to establish rates of toll, 20 Proviso, 20 Transfer of passengers, 20 Bait. & Ohio Railroad and C. 0. Rail road to commence and terminate their trips at the city of Wheeling, 20 Fourteenth section repealed, 20 Fifteenth section amended and re-enact ed, 20 Sixteenth section repealed, 20 Commencement, 20 YC 08883 UNIVERSITY OF CALIFORNIA LIBRARY