For the better maintenance and improvement of the free schools established by law within their township, not more in any one year than five cents on every one hundred dollars of the taxable value of such property, according to the most recent legal assessment of the same. For procuring the necessary land and erecting school-houses and furnishing the same, not more in any one year than five cents on every one hundred dollars of such value; For the opening, repair and improvement of public roads and the building and repair of bridges on the same, not more in any one year than ten cents on every one hundred dollars of such value; For purshahing the necessary land and erecting a township hall for holding meetings and elections and the accommodation of the township clerk and other officers, not more in any one year than five cents on every one hundred dollars of such value; For purchasing the necessary land or lands and enclosing and embellishing the same for one or more cemeteries or burial grounds, not more in any one year than five cents on every one hundred dollars of such value. "But nothing in this section contained shall prevent the townshsp making contracts for any of the above purposes, if the payments on account thereof are so arranged that the annual appropriation required to meet the same shall not exceed the amount by this section authorized to be raised by taxation for such purpose in any one year. CHAP. 90.—An ACT admitting the county of Jefferson into, and making the same part of, this State. Passed November 2, 1863. WHEREAS, by an act of the general assembly of the state of Virginia, entitled "An Act giving consent to the admission of certain counties into the new state of West Virginia, upon certain conditions," passed February fourth, eighteen hundred and sixty-three, it was, among other things, enacted that at the general election on the fourth Thursday of May, one thousand eight hundred and sixty-three, it should be lawful for the voters of the district composed of the counties of Frederick and Jefferson, or either of them, to declare by their votes whether the counties of the said district should be annexed to and become part of the state of West Virginia, and the consent of the said general assembly was thereby given for the annexation to this State of such district, if a majority of the votes polled therein should so determine; provided, that this legislature should also consent and agree to the said annexation; after which all jurisdiction of the state of Virginia over the district so annexed should cease; And whereas, it was further provided by the said act that it should be the duty of the governor of the state of Virginia to ascertain and certify the result of the said vote as other elections are certified, and Francis H. Peirpoint, governor of the state of Virginia, did, on the fourteenth day of September, in the present year, after reciting that polls were opened in the said county of Jefferson, on Thursday, the twenty-eighth day of May, eighteen hundred and sixty-three, on the question of annexation to the said new State, certify, under his hand and the less seal of the State of Virginia, that from the returns made to the executive department thereof, a very large majority of the votes cast at the said election were in favor of the said annexation of the said county of Jefferson to the State of West Virginia: therefore, Be it enacted by the Legislature of West Virginia: 1. The county of Jefferson, lately constituting part of the commonwealth of Virginia, is hereby admitted into and made part of this State; and shall constitute part of the second congressional district, of the tenth senatorial district, and of the tenth judicial circuit; and shall at the election herein provided for, and at every annual state election thereafter, choose two members of the house of delegates. 2 It shall be the duty of the governor, so soon as he shall have reason to believe that an election can be properly held in the said county, to issue his proclamation directing an election to be held on such day as he shall appoint, at the several places for holding elections therein for the election of two delegates, an assessor, clerk of the circuit court, sheriff, prosecuting attorney, surveyor of lands, and recorder, and appointing three voters of the said county, any two of whom may act, and any one or more of whom may fill vacancies in their own body, who shall serve as superintendents of the said election. 3. The said superintendents shall, for every place of voting in the said county, appoint three commissioners, any two of whom may act, and a conductor, to superintend and conduct the election at the place for which they are appointed. They shall furnish the commissioners for each place of voting with the proper ballot boxes, poll books and forms. But if at any time the polls should be opened at any place of voting there shall be present but one commissioner willing to act, he shall associate with himself as a commissioner some freeholder of the county then present; and if there be no commissioner present willing to act, any two freeholders of the county present, and willing to act, shall be commissioners. 4. In all other respects the said election shall be conducted, and the result ascertained, certified and returned. according to the direc tions contained in clauses, V, VI, VII, VIII, IX, X, XI, XII,XIII, XVII, XIX, XX, and XXI of an ordinance of the constitutional con vention, entitled "An ordinance to provide for the organization of the State of West Virginia," passed February nineteenth, eighteen hundred and sixty three. The secretary of the state shall prepare and forward in time to the superintendents to be appointed as aforesaid poll books and the proper forms of oaths and returns, and three printed copies of the constitution as amended, for every place of voting in the said county; and the said superintendents shall make proper distribution of the same. 5. The terms of office of the persons elected at the election herein directed to be held, shall commence as soon thereafter as they are qualified as required by law; but if for more than one year, shall continue and be computed as if the same had begun on the first day of January last, and if for one year only, as if the same had begun on the first day of January next. 6. All officers acting within the said county by the authority of the laws of Virginia, and under the re-organized government thereof, at the time of the passage of this act, shall continue to exercise the powers and perform the duties of their respective offices, in the name and under the authority of the state of West Virginia, until the officers elected or appointed under this or any other act of this legislature for the discharge of similar duties, are qualified. 7. The terms of the circuit court for the said county shall commence on the twenty-seventh day of April, June, October and December in every year. 8. The governor shall also appoint one person for each magisterial district of the said county commissioners to divide the same into townships, under the provisions of an act entitled "An Act to provide for the division into townships of the several counties of the state," passed July thirty-first, eighteen hundred and sixty-three. CHAP. 91.—An ACT declaring the South Fork of Fishing Creek, in the county of Wetzel, a public highway. Passed November 4, 1863. Be it enacted by the Legislature of West Virginia: The south fork of Fishing Creek, in the county of Wetzel, from Hay's Mills up to Aiden Ice's Mills, is hereby declared a public highway for the transportation of boats, lumber, or other material; but this act shall not be so construed as to prevent the owners of coal or other minerals from removing the same from the bed of said creek. CHAP. 92. An ACT to amend an Act providing for the sale of a certain lot of land held in trust for certain purposes in the town of Wellsburg, in the county of Brooke, passed March 15, 1850. Passed November 4, 1863. Be it enacted by the Legislature of West Virginia : 1. An act providing for the sale of a certain lot of land held in trust for certain purposes in the town of Wellsburg, in the county of Brooke, passed March fifteenth, eighteen hundred and fifty, is hereby amended by inserting the name of Narcissa Doddridge instead of Philip B. Doddridge, and by striking out of the first section the following words at the end thereof: "and require the removal of the vault and remains therein deposited, according to the object that may be sought in such application to the court ;" and by striking out of the first section the word "superior," and the words "of law and chancery ;" and by N amending the second section so as to read as follows: 2. That any person or persons concerned in interest or convenience in regard to the situation or location of said lot of land and the use to which it is appropriated, may be made defendants to such bill or petition, and the same shall be proceeded in in the same manner prescribed by laws for bills exhibited by guardians for the sale of the real estate of their wards; and the proceeds of the sale, if such sale shall be decreed, shall, after discharging the expenses of the purchase of a lot in the Wellsburg cemetery, in which is interred the remains of the said Dr. Joseph Doddridge, and of removing the remains thereto, and 'of erecting thereon a monument, if any there be, be vested for and applied as a fund for the purpose of keeping in repair the said lot last aforesaid and the monument thereon, or to the use and benefit of the heirs or descendants of the original grantor, the said Joseph Doddridge, deceased, as the said court may deem best; but into whatever hands the proceeds, or the surplus of the proceeds of such sale may come or be placed, the said court shall require ample security that the same shall be faithfully applied in such manner as the said court may direct." CHAP. 93.-An ACT in relation to Juries. Passed November 4, 1863. Be it enacted by the Legislature of West Virginia: 1. The fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, twenty seventh, twenty-eighth, twenty-ninth, thirtieth, thirtyfirst, thirty-second, and thirty-third sections of chapter one hundred and sixty-two of the Code of Virginia, second edition, shall be amended and re-enacted so as to read as follows: "4. The board of supervisors of each county shall, as soon after this act goes into effect as may be, and thereafter at their stated meeting in December annually, prepare a list of such inhabitants of the county, not exempted as aforesaid, as they shall think well qualified to serve as jurors, being persons of sound judgment and free from legal exception; which list shall include at least twenty persons for every thousand inhabitants in such county; but in no case shall such list include a less number than fifty persons. "5. The list so prepared shall be delivered to the clerk of the circuit court, to be by him safely kept, subject only to the inspection of the court or of the recorder, as hereinafter prescribed; and the court may strike from such list the name of any person who has been convicted of any scandalous offence or been guilty of any gross immorality. "6. At the time such list is made out, the board of supervisors shall also cause all the names upon the same to be fairly written, each on a separate paper or ballot; and shall fold or roll up the ballots so as to resemble each other as nearly as may be, and so that the name written thereon shall not be visible on the outside; and shall deposit the ballots in a secure box to be prepared for the purpose, which shall be delivered to and safely kept by the clerk of the circuit court, and shall be opened only by order of the court or by the recorder, as hereinaf ter prescribed. "7. All jurors required for the trial of cases in any circuit court, except cases of felony, shall be selected by drawing ballots from the said box in the manner prescribed in this act, and the persons whose names are written on the ballots so drawn, shall be returned to serve as jurors. Grand jurors shall be summoned as now provided by law. "8. The clerk of every circuit court shall, at least twelve days before any term of such court at which a jury may be wanted, issue ‘a writ of venire facias for twenty-eight jurors, and shall therein require the attendance of the jurors on the first day of the court, or such other day thereof as the said court shall order; but whenever, in the opinion of the circuit court of any county in the State, a greater number of jurors than twenty-eight is necessary for the dispatch of the business of said court, such opinion shall be entered of record, together with the number of jurors deemed necessary by said court; and thereafter it shall be the duty of the clerk of such court to issue a venire facias for the number of jurors so designated. "9. At the same time such clerk shall issue a summons in the name of the State, requiring the recorder of the county to attend at the clerk's office of the circuit court of such county, on a day named in such summons, which shall be not less than seven nor more than ten days before the day on which the jurors are required, for the purpose of drawing the ballots for jurors. "10. The writ of venire facias and summons shall be delivered to the sheriff or other officer who shall serve the summons on the recorder, and it shall be the duty of such recorder to attend on the day designated in the summons, at the clerk's office of the circuit court of the county, and in the presence of the clerk of the circuit court, to cause the proper number of jurors to be drawn from the box, and a list thereof to be delivered to the officer serving the summons. And it shall be the duty of such officer at least three days before the time when the jurors are required to attend, to summon each person who is drawn to attend the sitting of the court at the time and place mentioned in the writ, and make a due return thereof and of the summons aforesaid, at the opening of the court from which they issued. If, in pursuance of the eighth section of this act, more than twenty-eight jurors are required by the circuit court of any county, and shall have been summoned, it shall be the duty of the said court to divide by lot the said number of jurors equally into two classes of twenty-eight jurors each, which shall be denominated "class number one" and "class number two." And it shall be the duty of class number one to serve as jurors, to the exclusion and relief of class number two, from the first to the sixth day of the term inclusive; at which time it shall be the duty of the jurors of class number two to attend and serve as jurors, except in those cases where any of the jurors of class num |