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Preamble.

Land titles.

ords of Lo

relating to,

appoint commis

sioners.

(Senate Bill No. 107.)

CHAPTER 114.

AN ACT providing for copying certain records, books, documents and papers relating to land titles, liens, releases and wills, in the county of Mingo, to be procured from the offices of the surveyor and clerk of the county court of Logan county, and from the office of the auditor of the State of West Virgina; providing for the appointment of a commission to procure such copies, and making the same parts of the public record of the offices of the surveyor and clerk of the county court of Mingo county, and providing how the same, or copies therefrom, and certificates based theron, may be used as evidence.

[Passed February 18, 1901. In effect 90 days from passage. Approved February 20, 1901.]

Whereas, The act creating Mingo county in the year eighteen hundred and ninety-five failed to make provision for transcribing and transferring to the county of Mingo the records relating to the titles to lands located in Mingo county, which occasions great inconvenience and expense to the citizens of Mingo county; therefore,

Be it enacted by the Legislature of West Virginia:

1.

The governor of this State be and is hereby auetc., in Mingo thorized and directed to appoint a committee, consistcounty; rec-ing of three citizens of said Mingo county, whose gan county, duty it shall be to transcribe into well-bound books to be copied; prepared for the purpose, from the records of Logan governor to county, all of the following records pertaining to lands situate in Mingo county, as the same may be found in the offices of the surveyor and clerk of the county court of said Logan county, to-wit: The records of land entry and survey books; the records of delinquent lands; the record of lands sold for the non-payment of taxes; the record of judgment liens; the record of trust deeds; the record of release of liens; the record of all other liens and releases of the same; the record of wills; the record of deeds.

-what records to be

copied.

And the following records from the office of the auditor of this State, to-wit:

tor to be

The land books upon which are entered for the pur- Records in poses of taxation the lands situated in said Mingo office of audicounty from the formation of this State to the creation copied." of the said county of Mingo.

Character

2. The books mentioned in the next preceding section, into which such records as are mentioned therein of books to are to be transcribed, shall be such as are required by be used. existing law to be kept in the offices of the county surveyors and clerks of the county courts of this State, and shall be provided by the commissioners appointed under this act, and paid for out of the treasury of vided. Mingo county, as provided by law, for the purchase of other record books.

-how pro

access to

3. The surveyor and county clerk of Logan county, Permission and the auditor of this State, shall permit the commis- given for sioners appointed under this act, and all persons ap- records. pointed under this act, and all persons employed thereby, to freely use and copy, without charge, the records and books mentioned in section one of this act.

4. The commissioners appointed under this act Commissioner shall have power to employ such assistants as they authorized may deem necessary to perform the work authorized to employ by this act, for all of which work the said commission

assistant.

ers shall receive the following compensation, which -compensa

shall be allowed by the county court of Mingo county tion; how and paid out of the treasury thereof: three dollars paid. each per day for each day actually engaged in and about this work, except for the time they are engaged in copying and transcribing, and for such transcribing and copying there shall be paid ten cents for each -pay for hundred words as transcribed or copied, which shall records. likewise be paid out of the county treasury of Mingo county.

copying

when copied.

5. All books, records and documents transcribed where recas provided by this act from the office of the surveyor ords placed, of Logan county shall be placed and remain in the office of the surveyor of Mingo county, as parts of the records thereof. All such books, records, documents and papers transcribed from the auditor's office of the State shall be placed and remain in the office of the

Records when copied, how

held.

-for what

clerk of the county court of Mingo county, as parts of the records thereof.

6 All copies in whole or in part of books, records, documents and papers transcribed, as provided by this act, and which shall be placed and kept in the offices of the surveyor and clerk of the county court of Mingo county, as provided by this act, shall be treated and held to be prima facie correct and may be used for all purpose used. purposes in like manner and with like effect as the originals from which they were copied could be used; and certified copies therefrom shall be received in evidence with the like effect as copies certified from the originals: provided, however, that any person shall have the right to prove that any such copy, or any part thereof, was not correctly made from the records of Logan county and the auditor's office and is not a correct copy from such records.

-proviso in case of

errors.

What provis

7. The provisions contained in sections five, five a, ions of code and six, of chapter one hundred and thirty of the code to apply to of West Virginia, shall apply to a copy of or from for what pur- any of the books, records, documents or papers tran

such copies;

poses.

scribed by virtue of this act, and which shall be placed and kept in the offices of the surveyor and clerk of the county court of Mingo county, attested as provided in said sections, and to any certificate of the clerk of the county court of Mingo county, in whole or in part, upon the contents of any of the records transcribed as provided by this act as to the nature of any real estate as delinquent, or sale thereof for taxes or non-payment of taxes, or forfeited or delinquent lands, or nonentry of land on the land books.

(House Bill No. 330.)

CHAPTER 115.

AN ACT providing for preserving the purity of the waters of the New and Great Kanawha Rivers.

[Passed February 22, 1901. In effect 90 days from passage. Approved February 23, 1901.]

Whereas, The New and Great Kanawha rivers have for several years, last past, been greatly contaminated and discolored to the injury of all riparian owners along the same within this State, and

Whereas, It is represented that this is the result of the washing of iron and other ores along said New river, in the State of Virginia, therefore,

Be it enacted by the Legislature of West Virginia:

Preamble.

Preamble.

of New and

ers; governor

-proceedings

may be taken when

1. It shall be the duty of the governor to cause ex- Contaminaamination to be made by such agent as he may appoint tion of waters for the purpose, who shall report fully to the governor Kanawha rivin writing concerning the cause of such contamina- to cause extion; and if it shall appear by said report that the amination of. same is caused by the use of the waters of New River in the State of Virginia, then the governor may, if he sees fit, direct the attorney general to take such pro- and in what ceedings, either at law or in equity, in the name of the courts. State in the Supreme Court of the United States or in —whose the United States Circuit Court for West Virginia if name. jurisdiction can be had of defendants, and if not, then in such court in the State of Virginia, either in the name of this State, or in the name of any riparian owner therein of said New or Great Kanawha rivers, as may permit his name to be used for the purpose, to cause said contamination and discoloring to be discontinued.

of

name state to pay

2. In case such proceedings be taken in the any such riparian owner, then the costs and ex- costs, etc., penses of the same shall be defrayed by the State.

when.

appro- Anpropriaupon tion to pay

3. The sum of five hundred dollars is hereby priated, payable out of the general state fund, the requisition of the governor, to pay the costs of any costs. such proceeding.

Town council

non author

(House Bill No. 320.)

CHAPTER 116.

AN ACT to authorize the town council of the town of Buckhannon to issue bonds to the amount of nineteen thousand dollars to refund the old bonds of said town.

[Passed February 18, 1901. In effect 90 days from passage.

February 20, 1901.]

Be it enacted by the Legislature of West Virginia:

Approved

1. That the town council of the corporation of the of Buckhan- town of Buckhannon is hereby authorized and empow ized to issue ered to issue bonds to an amount not exceeding the amount; rate sum of nineteen thousand dollars in the aggregate, of interest. at any rate of interest not exceeding four per ceutnm per annum.

bonds;

be paid,

when.

2. That the town council of the corporation of the Interest may town of Buckhannon shall designate whether the interest on said bonds shall be paid annually, semi-annually or quarterly, and the time when, and the place what must where, the same shall be payable; all of which shall on coupons. be expressed on the face of coupons for the payment of said interest attached to the said bonds.

be expressed

Principal,

when payable.

Bonds, sold at par.

-proceeds,

3. The principal of said bonds shall be payable after five years at the option of the said council at such times and place as are declared on the face thereof, not exceeding twenty years after date of their issue.

4. That no bonds shall be sold or delivered or exchanged for less than their face value, and the proceeds arising from the sale of said bonds shall only how applied. be used to pay, cancel and redeem, the present outstanding bonds of said corporation and there shall be no increased indebtedness made or paid by said

-no increase of debt.

bonds.

5. That the said town council of the corporation. of the town of Buckhannon shall provide annually for the payment of the interest on said bonds, and interest and after five years provide also for the payment of the principal within the time expressed on the face of said.

Council to provide for payment of

principal.

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