a defendant residing therein, the plaintiff may forthwith sue out of the clerk's office an attachment against the estate of the non-resident defendant for the amount so stated."

CHAP. 46.-An ACT providing for and regulating Township Meetings and Elections.

Passed September 25, 1863.

Be it enacted by the Legislature of West Virginia :

1. The first meeting of the voters of each township, and the first election therein for township officers, shall be held on the day, at the place, and in the manner, directed in the schedule hereto annexed; and shall be conducted according to the provisions contained in the body of this act applicable thereto, except so far as the same are changed or modified as to the said first meetings and elections by the provisions of the said schedule. All subsequent annual township' meetings and elections shall be held on the fourth Thursday in April in each and every year, at such convenient place within the township as shall be from time to time appointed by the board of supervisors of the county.

2. The supervisor of the township shall be chairman of the town. ship meetings but if he be absent, the qualified voters at such township meeting may choose a chairman. The township clerk shall be clerk of the township meetings, and shall keep faithful minutes of the proceedings, and shall enter at length every order or direction, and all rules and regulations made by the meeting. If the township clerk be absent, the voters present shall select another person to act as clerk of the meeting. The minutes of each meeting shall be signed by the chairman and attested by the clerk.

3. Every annual township meeting shall assemble for the transaction of business at the hour of nine in the forenoon of the appointed day; and at any annual or special election of township officers, if there is a township meeting on the same day, the polls shall be opened at the hour of eleven, unless the business of the meeting be sooner concluded, or the same be sooner adjourned, in which case the polls may be opened immediately thereafter, and in either case shall continue open, (with a recess of not more than one hour, if the inspectors so direct, at such time as they may appoint,) until sunset of the same day when the polls shall be finally closed. If the meeting has not completed its business when the hour for opening the polls arrives, it may adjourn until the next day, and from day to day until its business is completed. Meetings appointed for a day on which there is no public election held in the township, may be appointed for and held at such hour, not later than three in the afternoon, as may be indicated in the notice convening them.

4. To constitute a legal township meeting, the fact must appear and be entered on the minutes, that notice of the time and place of hold

ing the same has been duly given as required by law; and that there are present, if the township is entitled to elect but one justice, at least twenty voters thereof, and if it is entitled to elect two justices, at least thirty such voters; but if due notice has been given, a less number in either case may adjourn to another day. Any meeting duly constituted and held may adjourn from day to day or to a day certain; or it may direct another meeting to be convened and held on such day previous to the next annual meeting, as it may appoint. Special meetings shall be convened whenever directed by the supervisor of the township, or whenever any ten voters thereof, by writing, stating the object of the proposed meeting, signed with their proper hands, and filed with the clerk of the township, shall so request. Of the time and place of holding all meetings to be held in pursuance of adjournment, unless from day to day; of all special meetings, and of the annual meetings, the clerk shall cause notice to be given in the manner hereinafter directed; but the annual meetings shall not fail for want of such notice, if the number of voters present be sufficient. No business besides that mentioned in the notice convening it shall be transacted at a special meeting.

5. At every township meeting all propositions, motions, orders and resolutions properly presented by any voter of the township and seconded by another, shall be distinctly put to vote by the presiding officer, and be decided by the votes given by a majority of the voters present and voting on the question. The mode of voting shall be by an oral vote in the usual manner, or by a show of hands, or if the chair so direct, or any voter demand it before the result of the vote is announced, there shall be a division and count; in which case the chair may direct those voting affirmatively to go to his right, and those voting negatively to go to his left, and all persons present not entitled to vote, to retire beyond such limit as he may designate; when he and the clerk shall ascertain the numbers voting each way, and the result however ascertained, shall be announced by the chair and recorded on the minutes of the meeting by the clerk. When any proposition, motion, order, or resolution is offered, any voter present may move to amend the same, and if the question before the meeting admits, different numbers or times may be proposed by the voters present; in which case the vote shall first be taken on the greatest number or longest time; and so on until some number or time proposed receives a majority of the votes given. In cases of appointments to be made by the meeting, any voter may propose a candidate, and if two or more are proposed and the number of votes given for each cannot be otherwise conveniently ascertained, the chair may direct those voting for each candidate to separate themselves from all others; when he and the clerk shall proceed to ascertain the members voting for each candidate; and if neither has a majority, the vote shall be repeated until there is a majority for one of the nominees. The clerk shall record on the minutes, the result of the deciding vote only. In all other respects, the proceedings of the meeting shall be conducted with ref erence to the usual parliamentary rules applicable to the case before

G

it; but no question already disposed of at a township meeting, shall be reconsidered, unless the motion for such reconsideration shall be sustained by a number of votes equal to a majority of the highest vote recorded at such meeting, up to the time such motion shall be made. If questions of order arise, they shall be promptly decided by the chair, from whose decision there may be an immediate appeal to the meeting, the question arising on which, shall be stated by the chair and be put without discussion.

6. The terms of all township officers, including the supervisors, not elected to fill a vacancy, shall commence and be computed from the twentieth day of June next after the annual election at which they are elected. Elections to fill vacancies shall be for the unexpired term; and the persons elected, having first duly qualified, shall enter upon the duties of their respective offices within ten days after the board of supervisors have declared them elected. In case of a vacancy in any township office except that of inspector of elections, the supervisor may, if he deem proper, and shall, if requested in writing by any ten voters of his township, direct a special township meeting to be held at such time as he may appoint, for the purpose of filling such vacancy; and such meeting, when duly constituted, shall proceed to appoint a suitable person to exercise the powers, discharge the duties and receive the emoluments of such office until the twentieth day of June first after the next annual township election. At such election, if the vacant office is elective, and the term of the former incumbent does not expire on the said twentieth day of June, a suitable person shall be elected to fill such office from the said day until the expiration of said term.

7. When notice is required to be given of any township meeting, election, or other proceeding or matter, the clerk of the township shall prepare a suitable notice of the same and three copies thereof, all of which he shall sign with his name and official designation, and shall cause the said copies, respectively, to be conspicuously posted at three of the most public places in his township by a constable thereof, or in case of his absence from the township or inability to act, by some other person, for which service and making affidavit of the time and manner of performance thereof, and returning the same to the clerk, the said officer or person shall be entitled to receive from the township treasury, for each copy duly and properly posted and affidavit thereof returned as aforesaid, a fee of fifty cents. The original notice, with the affidavit or affidavits of the officer or person who posted the copies annexed or attached, shall be filed by the clerk in his office. All notices of township meetings and elections shall be so posted at least ten and not more than twenty days before the time appointed; and at least ten days notice shall be given of any matter or event in which the township is interested of which notice is required. Any township meeting at which such business is in order, may from time to time prescribe the places at which notices shall be posted, and may also in any case direct a copy of the required notice to be inserted in some newspaper circulated in their township, at the

expense thereof. But no annual meeting or annual election, or any proceeding thereof or thereat, shall be deemed illegal for want of such notice. Every notice convening a special or adjourned meeting shall plainly state the objects or purposes for which the same is convened.

SCHEDULE.

1. The first township meetings and elections in the several townships of the state, shall be held at such place within each township, and at such time, as may be designated by the commissioners thereof, or a majority of them, appointed by an act passed at the present session of the legislature, entitled "an act to provide for the division into townships of the several counties of the state; but if owing to the occupation of any county or part thereof by persons in rebellion against the United States, or any other cause, the said first meeting and election is not held in any township on the day appointed, the same shall be held on such day as may be designated by the commissioners thereof appointed as aforesaid, for the county wherein such township is situated. The said commissioners shall cause notice to be given of the time and place of holding such meeting and election, by notices posted at three public places within such township, at least ten days before the day so designated. But if from any cause, the commissioners in any county shall fail to fix a day for the first meeting and election in any township, then any three qualified voters thereof may call a meeting and election of the voters of such township, by giving the like notice required to be given by the commissioners aforesaid.

2. When the hour of nine in the forenoon of the day appointed for holding the first township meeting and election has arrived, any voter present may call the meeting to order, which shall be thereupon organized by the appointment of a temporary supervisor and clerk; and when organized, if the number of voters requisite to constitute a quorum be present, shall proceed to appoint two temporary inspectors of elections, who, together with the temporary supervisor and clerk, shall exercise the powers and discharge the duties in reference to superintending, conducting and certifying and returning the results of the election to be held in such township on the same day, as are reposed in and required of such officers by the provisions of the general election law.

3. The first meeting in each township shall appoint a committee of three or more voters, who shall, as soon as practicable thereafter, proceed to divide the township into as many road precincts as the meeting shall direct, or if no such direction be given as the committee shall deem proper and convenient, not including the streets or roads within a city or incorporated town which levies an annual tax and provides for keeping the streets or roads within the same in order. The committee shall report the division made by them, to a special township meeting, the time and place for holding which shall be fixed

by the first meeting, of which the clerk of the township shall cause due notice to be given. If the division of the committee, as reported by them or as amended by the meeting, is then adopted, or whenever the same is adopted, an election for a surveyor of roads for each road precinct, being a voter and resident thereof, shall be held, if in the opinion of the meeting there is time, on the same day, and if otherwise, on the next day, at such hour as it may appoint. Such election shall be superintended and conducted and the result ascertained, certified and returned as other township elections; but if any ballot contain the names of two or more persons residing in the same road precinct, it shall not be counted for either.

4. The terms of office of the officers elected at the first township elections, if the same are held before the time for holding the state and county elections in the present year, shall commence on and include the tenth day after their respective elections, but shall continue and be computed as if the same had begun on the twentieth day of June, in the present year. But if the time of holding the first election occurs after the said state and county elections, and before or at the time appointed for holding the annual township elections in the year one thousand eight hundred and sixty-four, the terms of the officers then elected shall commence on and include the tenth day thereafter, but shall continue and be computed as if the same had begun on the twentieth day of June next.

CHAP. 47.-An ACT making an appropriation for the payment of Capt. Evan C. Harper's company of Home Guards.

Passed September 29, 1863.

Be it enacted by the Legislature of West Virginia:

1. A sum not exceeding one thousand dollars is hereby appropriated, out of any money in the treasury not otherwise appropriated, for the purpose of paying Capt. Evan C. Harper's company of home guards, of the county of Pendleton, for services rendered to the state of Virginia; provided the same be received as full compensation for their services prior to June twentieth, eighteen hundred and sixtythree.

2. When satisfactory evidence of the service of said company is produced to the governor, he is hereby authorized to draw his warrant on the auditor for a sum not exceeding one thousand dollars, to pay for said service, and the auditor is hereby required to pay the same out of any money in the treasury not otherwise appropriated.

CHAP. 48.--An ACT to regulate the remission of Fines and Penalties, by the Executive.

Passed September 29, 1863.

Be it enacted by the Legislature of West Virginia:

1. Where any fine or penalty has heretofore been imposed under the laws of Virginia or of this state, or shall hereafter be imposed under