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Code Construed-Deeds for Lands sold for Taxes.

CHAP. 57.-An ACT declaring how certain provisions of the Code of Virginia shall be construed.,

Passed October 3, 1863.

Be it enacted by the Legislature of West Virginia:

Any provision of the Code of Virginia directing or authorizing an act to be done, or proceeding to take place on the first or any subsequent day of the term of a county court, shall be construed as if the time thereby appointed for such act or proceeding was the second Monday of the month; but this shall not be deemed to apply to orders of publication or to any other act or proceeding which is or may be otherwise specially provided for.

CHAP. 58.—An ACT providing how Lands heretofore or hereafter sold for Taxes and not redeemed, shall be Surveyed and Conveyed.

Passed October 7, 1863.

Be it enacted by the Legislature of West Virginia:

What is authorized to be paid under the fourteenth section of chapter thirty-seven of the Code of Virginia (edition of eighteen hundred and sixty) to the clerk of the court of any county, may be paid to the recorder of the county. Any plat and certificate or report to be returned or made to any county court, under the fifteenth and sixteenth sections of said chapter, shall be returned or made to the circuit court of such county, or to the judge, thereof in vacation. Any proceeding or order to be had or made in or by the county court of any county, according to the provisions of said chapter, shall be had or made in or by the circuit court for the county, or by the judge thereof in vacation. Any order made by virtue of this act by a judge in vacation, shall be returned by him to the clerk of the circuit court of the county wherein the sale was made, and shall be by such clerk forthwith entered of record in the law order book of said court. Any deed to be made under said chapter by the clerk or deputy clerk of the county court, shall be made by the recorder of the county, unless he is interested, and then it shall be made by the clerk of the circuit court of the county; in which deed shall be set forth all the circumstances appearing in the circuit court clerk's office, or in the recorder's office, in relation to the sale, and it shall conform in all other respects to the requirements of said chapter. Deeds required by said chapter to be recorded in the court of any county, shall be recorded in the office of the recorder of the county. For every deed executed under this act, the clerk of the circuit court or recorder shall be entitled to one dollar and fifty cents; which the purchaser shall pay him on the delivery of the deed.

CHAP. 59.-An ACT to alter part of the division line between the counties of Wood and Wirt.

Passed October 7, 1863.

Be it enacted by the Legislature of West Virginia:

1. The division line between the counties of Wood and Wirt, running from the Little Kanawha river towards the county of Jackson, is

hereby so altered as to extend the same from the Limestone Hill, on the top of the ridge, to the line between the counties of Jackson and Wood, making a straight line from the said river to the said line of the county of Jackson; and so much of the county of Wood as lies to the east of the said extension is hereby annexed to and made part of the county of Wirt.

2. The annexation herein provided for shall not be of force until the surveyor of the county of Wirt shall run and mark the said extension, and make three fair plats thereof, each of which he shall duly certify, and forward one to the secretary of the state, another to the recorder of the county of Wood, and the third to the recorder of the county of Wirt; who shall file and carefully preserve the same in their respective offices.

3. The account of the said surveyor for his fees and expenses incurred under the provisions of this act, shall be audited by the board of supervisors and paid out of the treasury of the county of Wirt.

CHAP. 60. An ACT to give the Circuit Courts jurisdiction in suits for the maintenance of illegitimate children.

Passed October 8, 1863.

Be it enacted by the Legislature of West Virginia :

The one hundred and twenty-fifth chapter of the Code of Virginia, second edition, shall be amended by striking out of the first section of the said chapter the words "court for the county or corporation," and inserting in place thereof the words "term of the circuit court for the county;" and by striking out of the sixth section of said chapter the words "court of the county or corporation," and inserting in place thereof the words "circuit court of the county."

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CHAP. 61.-An ACT to alter part of the division line between the counties of Ritchie and Gilmer.

Be it enacted by the Legislature of West Virginia:

1. The division line between the counties of Ritchie and Gilmer is hereby so altered as to annex to and include within the county of Ritchie the dwelling house and curtilage of Elisha L. Snodgrass, and so much additional land as may be necessary to straighten, as far as practicable, the said division line; but the territory thereby added to the county of Ritchie shall not exceed in the aggregate one hundred and fifty acres.

2. The annexation herein provided for shall not be of force until the surveyor of the county of Ritchie shall run and mark the said alteration of the said division line, and make three fair plats thereof, each of which he shall duly certify, and forward one to the secretary of the state, another to the recorder of the county of Gilmer, and the

third to the recorder of the county of Ritchie; who shall file and carefully prescrve the same in their respective offices.

3. The account of the said surveyor for his fees and expenses incurred under the provisions of this act, shall be audited by the board of supervisors and paid out of the treasury of the county of Ritchie.

CHAP. 62.-An ACT to alter part of the division line between the counties of Taylor and Harrison.

Passed October 9, 1863.

Be it enacted by the Legislature of West Virginia:

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1. The division line between the counties of Taylor and Harrison is hereby so altered as to include within and make part of the county of Taylor the farms of Solomon Frum, George Bailey, Silas P. Bailey, and Samuel Bartlett, now in in the county of Harrison.

2. The alteration herein provided for shall not be of force until the surveyor of the county of Taylor shall run and mark the new line or lines, and make three fair plats thereof, which he shall duly certify, and forward one to the secretary of the state, another to the recorder of the county of Harrison, and the third to the recorder of the county of Taylor; who shall file and carefully preserve the same in their respective offices.

3. The account of the said surveyor for his fees and expenses incurred under the provisions of this act, shall be audited by the board of supervisors, and paid out of the treasury of the county of Taylor.

CHAP. 63.-An ACT to alter part of the division line between the counties of Raleigh and Mercer.

Passed October 10, 1863.

Be it enacted by the Legislature of West Virginia:

1. The division line between the counties of Raleigh and Mercer is hereby so altered as to run as follows, to wit: Beginning at the mouth of Madam's creek, at a corner of the counties of Raleigh, Greenbrier, Mercer and Monroe, and running thence up New river, with the mean ders thereof, to the mouth of Big Bluestone run; thence up the same, with the meanders thereof, to the mouth of Little Bluestone run, and thence with the road up the mountains, passing the residence of Jonathan Lillies and Jacob Manns, to the old line between the counties of Mercer and Raleigh."

2. The alteration herein provided for shall not be of force unless the same is ratified by a majority of the votes cast, "for alteration" and "against alteration," at the first township election to be held in the county of Raleigh, and also by a majority of the votes cast as aforesaid, at the first township election to be held in the county of Mercer, nor unless the surveyor of the county of Raleigh shall run and mark the above described new lines, and make three fair plats

thereof, which he shall duly certify, and forward one to the secretary of the state, another to the recorder of the county of Mercer, and the third to the recorder of the county of Raleigh; who shall file and carefully preserve the same in their respective offices.

3. The superintendents of election of each county shall cause notice to be given of the vote to be cast for and against the alteration of said line, at least ten days before the day of election, by posting up. notices at some public place in each township.

4. The account of the said surveyor for his fees and expenses incurred under the provisions of this act, shall be audited by the board of, supervisors, and paid out of the treasury of the county of Raleigh.

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CHAP. 64---An ACT concerning the county of Clay.

Passed October 10, 1863.

Be it enacted by the Legislature of West Virginia:

1. The boundary lines of the county of Clay as established by an act of the general assembly of Virginia, entitled "an act to form the county of Clay out of part of the counties of Braxton and Nicholas,” passed March twenty-ninth, eighteen hundred and fifty-eight, shall be the boundary lines of said county of Clay; and so much of the territory, late of the county of Kanawha, as is included within the said lines, is and shall continue to be part of the county of Clay.

2. The name of the county seat of the county of Clay is hereby changed to Henry, by which name it shall hereafter be known and denominated.

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CHAP. 65.-An ACT to authorize the Clerk of the Circuit Court to issue Executions on Judgments of Justices in certain cases.

Passed October 10, 1863.

Be it enacted by the Legislature of West Virginia :

1. Every execution issued by a justice, which, according to the ninth section of chapter one hundred and fifty of the Code of Virginia, second edition, should be returned by the constable to the clerk's office of the court by which he was appointed, shall be returned by the constable to the clerk's office of the circuit court of the county.

2. The clerk of the circuit court shall docket all executions hereafter returned by a constable as aforesaid, and index the same in the name of both plaintiff and defendant, and file them alphabetically in a separate bundle for each year; for which service the clerk shall be, entitled to a fee, to be paid by the plaintiff in each case, of twenty cents. Such further executions may be issued for the recovery of the amount due on any execution so returned, as if the judgment had been rendered in the circuit court. The same may, at the option of the plaintiff, be directed to and executed by a constable or sheriff; and the same proceedings shall be had as upon executions issued upon judgments of the circuit courts. ad of

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Negroes-Sergeant-at-Arms—Hampshire County.

3. And where executions issued by a justice have been heretofore returned to the clerk's office of a county court, the clerk of the circuit court may issue further executions thereon to be directed and executed, and have the same effect, as the executions to be issued by him under the provisions of the preceding section.

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4. Where a judgment for a fine has been or shall be rendered by a justice and returned, pursuant to the sixth section of chapter fortythree of the Code of Virginia, second edition, to the clerk's office of a county court or a circuit court, the clerk of the circuit court may issue executions thereon.

5. Nothing herein contained shall be construed to authorize any execution to be issued in contravention of the act of the general assembly of Virginia, passed January thirtieth, eighteen hundred and sixty-three, entitled "an act staying the collection of certain debts."

CHAP. 66.-An ACT to repeal certain provisions of the Code of Virginia concerning Slaves and Free Negroes.

Passed October 12, 1863

Be it enacted by the Legislature of West Virginia:

The seventh and eighth sections of chapter one hundred and four, the sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, eighteenth, nineteenth, twentieth, twenty-first, twenty-second, twenty third, and twenty-fourth sections of chapter one hundred and five, and the twenty-sixth, thirty-third, thirty-fourth, thirty-fifth, thirty-sixth, and thirty-seventh sections of chapter one hundred and ninety-eigth of the Code of Virginia, edition of eighteen hundred and sixty, are hereby repealed.

CHAP. 67.-An act fixing the pay of the Sergeant-at-Arms of the Senate.

assed October 12, 1863.

Be it enacted by the Legislature of West Virginia:

The sergeant-at-arms of the senate shall, during the session of that body, receive three dollars per day.

CHAP. 68.-An ACT to remove the Seat of Justice of Hampshire county temporarily to Piedmont..

Passed October 13, 1863.

Be it enacted by the Legislature of West Virginia:

1. The circuit court of Hampshire county shall be held, and the recorder's office of the said county be kept, in the town of Piedmont instead of Romney, until the governor, by his proclamation, shall direct the same to be removed to the said town of Romney.