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Specie Payments-Transfer of Suits-Commissioners' Books 63

2. The records, books and papers pertaining to the said court and recorder's office shall be removed to the said town of Piedmont, as speedily as may be practicable, and be retained there in the care and custody of the proper officers, until the governor, by proclamation, direct the same to be returned to and kept at the said town of Rom

ney.

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CHAP. 69.-An ACT to authorize the Suspension of Specie Payments till March first, eighteen hundred and sixty-five.

Passed October 14, 1863.

Be it enacted by the Legislature of West Virginia;

1. So much of any law as may subject any bank of circulation now in operation in this state to the forfeiture of its charter, or to any other penalty, for failing or refusing to redeem its notes or debts in specie, shall be and the same is hereby suspended until the first day of March, eighteen hundred and sixty-five.

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2. The twenty-seventh, twenty-eighth, twenty-ninth, thirtieth, thirty-first and thirty-second sections of chapter fifty-eighth of the Code of Virginia, second edition, and the several statutory provisions incorporated therein, are hereby repealed."

CHAP. 70.-An ACT to authorize Suits to be brought in the county of Kanawha, Lewis, Doddrige, or Jackson, cases heretofore cog

nizable in certain other counties.

Passed October 15, 1863.

Be it enacted by the Legislature of West Virginia :

Any action at law or suit in equity, which, according to the one hundred and sixty-ninth chapter of the Code of Virginia, second edi-, tion, might be brought in the county of Boone, Clay, Fayette, Greenbrier, Logan, McDowell, Mercer, Monroe, Nicholas, Raleigh, and Wyoming, may be hereafter brought in the county of Kanawha; and any action or suit which might, according to the said chapter, be brought in the county of Pocahontas or Webster, may be hereafter brought in the county of Lewis; and any action or suit which might, according to said chapter, be brought in the county of Gilmer, may be hereafter brought in the county of Doddridge; and any action or suit which might, according to the said chapter, be brought in the county of Roane, may be hereafter, brought in the county of Jackson; but nothing herein contained shall be construed to effect any provision of law for the limitation of actions or suits.

CHAP. 71,-An ACT to legalize Books of Commissioners of the Revenue not properly certified.

Passed October 15, 1863.

Be it enacted by the Legislature of West Virginia:

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All books of commissioners of the revenue examined and certified by any person as clerk or deputy clerk of the court of any county since the nineteenth day of June, eighteen hundred and sixty-three, shall

64 Merchants' Licenses- Terms and Rules in First Circuit.

be as valid as if so examined and certified by such person on or before the said nineteenth day of June, eighteen hundred and sixtythree; and all books of commissioners of the revenue examined and certified by the recorder of any county before the twenty-eighth day of July, eighteen hundred and sixty-three, shall be as valid as if ex amined and certified by such recorder on or since the said twentyeighth day of July, eighteen hundred and sixty-three.

CHAP. 72.—An ACT authorizing Merchants' Licenses to be transferred. Passed October 16, 1863.

Be it enacted by the Legislature of West Virginia:

1. When a person who has heretofore obtained a license, or paid a tax for a license, to sell goods or merchandise at one place or store, removes to another store or place in the county where such license was obtained, and wishes his license altered accordingly, the recorder of the county may authorize such alteration.

2. When a person who has heretofore obtained a license, or paid a tax for a license, to sell goods or merchandise, and has sold his goods or merchandise to another person, and wishes to transfer his license to the person to whom he sold his goods or merchandise, the recorder of the county is authorized to make such alteration or transfer, provided the goods be sold in the county where the license was obtained.

CHAP. 73.-An ACT to alter the terms of the Circuit Courts and the Rules, in the First Circuit, after the year eighteen hundred and sixty-three.

Passed October 17, 1863.

Be it enacted by the Legislature of West Virginia:

1. The commencement of the terms of the circuit courts in the several counties of the first circuit, after the thirty-first day of December, in the year eighteen hundred and sixty-three, instead of being as heretofore prescribed by law, shall be as follows: For the county of Ohio, on the first Tuesday of March, May, October, and December; for the county of Marshall, on the first Tuesday of April, June, September, and November; for the county of Hancock, on the third Tues- ' day of April, June, September, and November; and for the county of Brooke, on the fourth Tuesday of April, the first Tuesday of July, and the fourth Tuesday of September and November.

2. After the end of the present year, rules shall be held in the clerks' offices of the said circuit courts, as follows, instead of at the times heretofore prescribed by law: For the counties of Ohio and Marshall, on the last Tuesday of every month; for the county of Hancock, on the second Tuesday of every month; and for the county of Brooke, on the third Tuesday of every month; and the said rules may continue three days.

3. Special terms may be appointed and held in any county of the said circuit pursuant to the twenty-ninth, thirty-first, thirty-second and thirty-third sections of chapter one hundred and fifty-eight of the Code of Virginia, second edition.

CHAP. 74.-An ACT to provide for the appointment of Collectors in Counties where there are no Sheriffs.

Passed October 19, 1863.

Be it enacted by the Legislature of West Virginia:

1. The auditor, with the approbation of the governor, may appoint a collector or collectors of the revenue in any county that has no sheriff, and shall allow him a reasonable compensation to be agreed on before the service is commenced, which compensation shall not exceed twenty per centum on what may be collected and paid into the public treasury.

2. Such collector shall have a reasonable time allowed him by the auditor, and shall, before he acts, execute a bond approved by said auditor, conditioned that he will faithfully collect the revenue, levies, fines and fees in the county for which he is appointed, and account for and pay the same according to law. The said bond shall be filed in the auditor's office.

3. Any action or motion against said collector or his securities, may be instituted or made at the instance of the auditor in the circuit court of Ohio county, or of the county wherein the seat of government may be, after thirty days notice in the case of such motion, or in the circuit court of the county in which he is appointed, by any party aggrieved.

4. Every collector shall give information to the auditor of any violation of duty by any assessor of the revenue of his county.

5. Such collector shall have the same power to collect, and appoint deputies to collect, taxes, levies, fines, or officer's fees, and distrain and sell therefor, and be charged with the same duties in respect thereto, that the sheriff would have been charged with; and the deputy collectors shall have the same power and duties in relation thereto, and for the same length of time that the collector himself has; and defaults and misfeasances of the deputy collectors shall be as much a breach of the condition of the collector's bonds, and of the bonds of such deputies, as defaults of the deputies of a sheriff would have been a breach of the condition of the bond of the sheriff, and of the bonds of his deputies.

CHAP. 75.-An ACT to incorporate the Marion and Monongalia Navigation Company.

Passed October 19, 1863..>

Be it enacted by the Legislature of West Virginia:

1. It shall be lawful to open books under the direction of George W. Jolliff, James O. Watson, John Kearsley, Jacob C. Beeson, and

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Ashel Harr, or any three of them, at Fairmont, in the county of Marion, and at Morgantown, in the county of Monongalia, under the direction of Henry Dering, David H. Chadwick, Alfred Yeager, Samuel Sears, and George M. Hagans, or any three of them, for receiving subscriptions in shares of twenty dollars each, to an amount not exceeding two hundred thousand dollars, to the capital stock of the Marion and Monongalia Navigation Company, for the purpose of im- › proving the Monongahela river by slack water from the Pennsylvania line upwards to the town of Fairmont, in Marion county.

2. As soon as one thousand shares have been subscribed, the subscribers, their executors, administrators, representatives, and assigns shall be and are hereby incorporated into a company by the name and style of the Marion and Monongalia Navigation Company, with all the rights, privileges and immunities and subject to the responsibilities, of a body politic or corporation, and may make such by-laws, rules and ' regulations as they may deem necessary and advisable, not inconsistent with the constitution of the United States or this State.

3. The said company shall be governed by the provisions of the fifty-sixth, fifty-seventh, and sixty-first chapters of the Code of Virginia, second edition, so far as the same are applicable and not inconsistent with this act. At all general meetings and elections, each stockholder may, in person or by proxy, cast one vote for every share of stock owned by him.

4. The towns of Fairmont and Morgantown, and the counties of Marion and Monongalia, the Monongahela Navigation Company, and the Baltimore and Ohio Railroad Company, in their corporate capacities, are hereby authorized to subscribe to the stock of the Marion and Monongalia Navigation Company; and the said towns of Fairmont and Morgantown, and the counties of Marion and Monongalia, are hereby authorized to issue their bonds to obtain money for the payment of their stock, redeemable at a period not exceeding twenty years, and at a rate of interest not exceeding six per cent. per annum.

5. Said company shall have power to borrow money from 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 the interest accruing thereon.

6. Said company may commence and place under contract a lock and dam whenever a sufficient amount of stock has been subscribed and secured to complete the same; and as additional stock is subscribed and secured sufficient to complete another lock and dam, the same shall be placed under contract, and thus continue from time to time till the whole work is completed.

7. As soon as a lock and dam are completed and placed in working order, said company may receive tolls, to be regulated so as not to exceed per mile the rate of tolls collected by the Monongahela Navigation Company, on the said river, in the state of Pennsylvania; but

Laws Construed-- Transportation of Disabled Soldiers. 67

no tolls shall be collected on any craft or lumber going down said river from above the slack water not to return, until all the locks and dams are completed and in working order to Fairmont.

CHAP. 76,—An ACT giving force and effect within this State to sundry provisions of the second edition of the Code and other laws of the State of Virginia.

Passed October 19, 1863.

Be it enacted by the Legislature of West Virginia:

1. Wherever the words "court of the county," or "county court," or "court of the county or corporation," or any other expression used to designate the court of a county or corporation, occur in any provision of the Code of Virginia, second edition, or in the laws of that State passed before the seventeenth day of April, eighteen hundred and sixty-one, or under the organized government thereof, the same shall be construed as if the circuit court of the county were thereby. intended; and such provision, if not otherwise repugnant to the constitution of this State, or the acts of the Legislature thereof, shall be and continue in force as laws of this State; but no provision of the said Code or laws of Virginia which has been repealed shall be revived or continued in force by reason of anything herein contained.

2. All the powers and duties conferred on or required of the clerks of county courts by any chapter or section of the said Code or laws, and not by the constitution or laws of this State conferred on or required of the recorders, justices or other officers or organizations thereof, are hereby, if they relate to the proper business of a court of justice, conferred on and required of the clerks of the circuit courts, and if they do not so relate, on the clerks of the boards of supervisors, subject to the same privileges, restrictions and penalties.

3. The provisions of the said Code and laws relating to the fees which the state and county officers therein mentioned are thereby allowed to charge, recover or receive for acts done and services rendered, unless the same are repugnant to the constitution, or have been altered or repealed by the laws of this State, are hereby declared in force in this State until the same are altered or repealed by law; and the state, county, and township officers thereof are hereby respectively authorized to charge, recover and receive the like fees for similar acts done and services rendered by them in their official capacities.

CHAP. 77.-An ACT making an Appropriation to defray the expense of removing Sick and Wounded Soldiers.

Passed October 21, 1863.

Be it enacted by the Legislature of West Virginia :

1. The sum of two thousand dollars is hereby appropriated out of the treasury of this State, to defray the expense of removing to their homes from the hospitals or battle-fields the sick and wounded sol

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