coupons for the payment of said interest attached to said bonds. 3. The principal of said bonds shall be payable Principal: as such times as are declared on the face thereof, not ex- when payaceeding thirty-four years after the date of their issue. ble. 4. The proceeds arising from the sale of said bonds Proceeds: shall be applied to improving and repairing the water how applied. works and water system of the said town and corpora tion, as the said council of the said corporation shall decide, authorize and direct. sue of bonds 5. Whenever the said corporate authorities shall When ordiprovide by ordinance for the issue of the bonds au- nance for isthorized by this act, and for the purposes mentioned to become herein, such ordinance shall not become operative, operative. and shall not have force and effect, until it shall have been published in some newspaper of general circulation, in the town of Martinsburg, for four weeks, consecutively, and been approved by three-fifths of the legal votes of said town, cast for and against the same, at an election to be held at the usual voting places within ten days after the expiration of the publication for four weeks of such ordinance as is herein provided, and in the publication of said ordinance, notice shall be given of the day on which said election shall be held. And in such election the con--election reduct and returns thereof shall be as provided by law turns, etc. for all other elections held in said town for officers and other purposes. principal; 6. The said council of the corporation of Martins- Payment of burg shall provide annually for the payment of the interest and interest, and the principal within the time expressed when. on the face of the said bonds, in accordance with section eight of article ten of the constitution of West Virginia. pur der par. 7. Bonds authorized to be issued under this act Bonds not be shall not be sold or negotiated for less than par value, so d, etc., unand shall be exempt from taxation for municipal poses, which fact shall appear upon the face thereof exempt as a part of the contract with the purchasers. from taxation. County redistricted. -present districts. -election of commissioners, when. (House Bill No. 194.) CHAPTER 125. AN ACT to establish a County Court and Board of [Passed February 20, 1901. In effect 90 days from passage. Approved February 22, 1901.] Be it enacted by the Legislature of West Virginia: 1. The county of Pendleton shall be laid off in not less than six districts, as nearly equal as may be in territory and population. The present division of the said county into districts shall constitute such districts until changed by the county court hereafter mentioned. At the general election in nineteen hundred and two and every second year thereafter, there shall be elected in each district, by the voters thereof, a commissioner, who shall reside in his district, and hold his office for the term of two years, and until his successor is elected and qualified. The office of what offices commissioner and justice of the peace shall be deemed incompatible; each commissioner shall receive for his compensa- service, two dollars per day for every day he shall attend court, to be paid out of the county treasury. A vacancy in the office of commissioner shall be filled by the county court hereinafter mentioned. -term. incom patible. tion. -vacancies. Provisions of law applicaand commis ble to court sioners. -clerk. re 2. So far as they are not inconsistent herewith, all the provisions of chapter thirty-nine of the code of West Virginia, "concerning county courts, their jurisdiction and powers," and all provisions of law specting county courts generally, shall be applicable to the county court herein provided for, and to the commissioners composing the same; and the clerk of the county court of Pendleton county, now in office, and his successors, shall be clerk of the county court herein provided. A majority of such commissioners shall be a quorum for the transaction of business. 3. At the next general election to be held at the several voting places of the said county of Pendleton, voters, when. on Tuesday next after the first Monday in November, Adoption of system submitted to -notice, how one thousand nine hundred and two, after the passage of this act, the question of the adoption of the system provided by this act shall be submitted to the voters of the county of Pendleton, voting at such election. Notice of such election shall be given by publication of this act in any newspaper that may be given. published at the county seat of said county, and by posting the same at the different places of voting in said county at least ten days before said election; and further notice shall be given in such manner as required by law, but the failure to give such notice -failure to shall not invalidate the election held hereunder. give notice. Those voting for said system shall have written or -ballots, printed on their ballots the words, "For Modification how worded. of County Court," and those voting against it shall have written or printed on their ballots, "Against Modification of County Court." tuted; name 4. The commissioners of the several districts shall County court, constitute a tribunal to be known as the county court how constiof Pendleton county, by which name it shall sue and of. be sued, plead and be impleaded, and contract and be -powers. contracted with. Such tribunal shall be in lieu of the -to be in lieu county court established by article eight of the con- of what. stitution of West Virginia, as amended, for the transaction of business required to be performed in the county court created by the said article. or herein First meeting Janu- of court. three, -election of 5. The first meeting of the county court, provided, shall be held on the first Monday in ary, in the year one thousand nine hundred and as soon thereafter as a majority of them may assemble for the purpose, at which time, and annually thereafter, at the first meeting in each year, or as soon thereafter as practicable, they shall elect one of their number president of the court. president. conducted, -to what 6. Such election, as herein provided for, at each Election: how place of voting in said county shall be superintended, returned, etc. conducted and returned by the same officers, and in the same manner, as the election of the members of the legislature is superintended, conducted and returned, and the result at each place of voting shall be certified and returned to the county court now in ex- court certified. istence in Pendleton county; and said court shall ascertain and declare the result of said election the same as the result of the election for other officers ing and declaring result. are ascertained and declared under the laws of this State, as far as they are applicable thereto. -ascertain Vote required to adopt or reject. extension to other counties. 7. If a majority of the votes cast upon the question be "For Modification of the county court," this act shall be and remain in full force and effect, but if a majority of such votes be "Against Modification of the county court," this act shall be of no further effect. 8. The provisions of this act shall extend to all Provision for the counties of the State, provided that the county court, or other tribunal in lieu of a county court, may, upon the petition of one hundred voters of the county, submit the question of making this act the law of said county to the voters of said county, at an election to be held at a time and with such notice as may be specified by said court. If, at said election, a majority of the votes cast shall be in favor of making this act the law of said county, the said county court, or other tribunal in lieu of said court, shall, at its next meeting after the said election, by resolution declare this act to be in full force and effect in said county. Preamble. -further preamble. AN ACT to appropriate money for the erection of a monument to Levi Morgan, one of the pioneers of West Virginia. [Passed February 16, 1901. In effect 90 days from passage. Approved February 19, 1901.] Whereas, Levi Morgan was one of the great patriots and pioneers of our country, and lived in West Virginia, and was of inestimable service to this country in preventing the attack of the Indians upon the early settlements of this State; and Whereas, The said Levi Morgan by innumerable acts of patriotism and bravery and at the risk of his life, and oftentimes undergoing terrible privations, did preserve the settlements of this State from massacre at the hands of the Indians, and by his acts saved the lives of hundreds of the early settlers of this country, and left an imperishable record for honesty, bravery and fortitude to his countrymen; and preamble. Whereas, The said Levi Morgan built a fort at New further Martinsville in the county of Wetzel, in what is now the State of West Virginia, and thereby prevented all of the northern settlements of the State from desstruction at the hands of the Indians; and Whereas, There is no monument to the said Mor- -further gan in the State for whose benefit he did such service; preamble. therefore, Be it enacted by the Legislature of West Virginia: ing a monu Morgan. 1. That there shall be appropriated the sum of Appropriathree thousand five hundred dollars, to be paid out tion for erectof the treasury of this State, for the purpose of erect- ment to Levi ing to Levi Morgan a monument in the county of Wetzel commemorating his life and patriotic actions; which said monument is to be erected under the supervision of the governor of this State, the president-commission of the Senate, the speaker of the House, and the mem- of supervision. ber of the legislature from the county of Wetzel, and two persons to be appointed by the governor. shall con- Board au con- thorized to contract for pay erection of 2. The said above mentioned members stitute a board which shall have the right to tract for the erection of this monument and to for the same, and the said money is hereby appro- and pay for priated out of the treasury of the State from moneys same. monument, not otherwise appropriated, and shall be drawn from -money, how the treasury for said purpose by the governor of this drawn, State, who shall be ex-officio chairman of this board. vacancies. 3. A majority of this board shall have the right to Majority, the act, and upon the death or disability of any member right to act; thereof the governor of the State shall fill the vacancy by his appointment. |