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Commission

(Senate Bill No. 96.)

CHAPTER 127.

AN ACT to provide for the presentation to Congress of a statue of Francis H. Pierpont, and making an appropriation to pay for same.

[Passed January 22, 1901. In effect 90 days from passage. Approved January 29, 1901.]

Be it enacted by the Legislature of West Virginia:

constituted to and

procure statue, in marble, of Frances H. Pierpont.

1. That the governor, the president of the Senate. the speaker of the House of Delegates, ex-officio, and James F. Brown, Clarence L. Smith, John Frew and Thomas C. Miller, shall constitute a commission to procure from a competent artist a statue, in marble, of the late Francis H. Pierpont, an eminent citizen of this Commonwealth, to be erected in the capto be erect- itol at Washington, in pursuance to the laws of the United States; said presentation shall be made as a part of the contribution of the State of West Virginia to the national gallery.

ed, where.

Appropria

tion for

erection.

2. The sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated statue and its out of any money in the treasury, not otherwise appropriated, to pay for said statue and its erection, as -how drawn, provided in section one of this act; and the auditor shall issue his warrant upon the treasurer for the price of such statue and its erection, not to exceed the sum aforesaid, when the said Commission, or a majority of them, shall certify the price of such statue to him, and that the same has been erected as aforesaid.

and when.

No pay allowed commission.

3. The members of said commission shall serve without compensation.

(House Bill No. 9.)

CHAPTER 128.

AN ACT to repeal chapter two hundred and two of the Acts of one thousand eight hundred and eightytwo, and to provide for the lease or sale of the public property known as Berkeley Springs.

[Passed February 7, 1901. In effect from passage. Approved February 12, 1901.]

Be it enacted by the Legislature of West Virginia:

1. That chapter two hundred and two of the Acts Act repealed. of the legislature of one thousand eight hundred and eighty-two, be and the same is hereby repealed.

erty; control

in a board of

2. That the possession, management and control Berkeley of the public property in the town of Bath in the Springs propcounty of Morgan, known as "The Public Square," and possesand Berkeley Springs property, and the lots added sion of vested thereto by purchase or otherwise, be, and the same is trustees. hereby vested in a board of trustees, to be known as -name of the "Berkeley Springs Board," in trust as heretofore such board. for the public use and benefit.

Surrender of

books, etc.,

trustees; to

3. The present trustees of Berkeley Springs shall surrender and deliver to the said Berkeley Springs property, board hereby created, or to such person as it may des- by present ignate, as soon as this act shall take effect, all the whom and property under their management and control, and all when. books, papers and records pertaining to such such property; and the said Berkeley Springs board shall, until such sale may be made and confirmed, as herein- -rights, after provided, have all the rights, privileges and powers and powers, and perform all the duties vested in or re- board. quired to be done by the present trustees, by chapter two hundred and two of the acts of one thousand eight hundred and eighty-two, and such additional rights, privileges and powers as are conferred by this

act.

duties of new

New board

lease prop

4. The said Berkeley Springs board shall, as soon as practicable, either lease in whole or in part the said authorized to property for a term of not to exceed fifty years to erty. some good and solvent person or persons, firm or poration, upon such terms and conditions deem proper, taking a bond or bonds payable to

cor-term of

as it may

lease.

the of lease.

-conditions

ment.

-authorized

State of West Virginia in such penalty as may be by them approved, with good security, conditioned. for the faithful performance of all the obligations imposed upon or assumed by such lessee or lessees, by the terms of this act, or by any provisions which may be contained in the contract of lease which may be advertise- made, which lease shall be made after advertisement in such manner as in the judgment of said Berkeley Springs board may appear to be proper, and as in the judgment of said board, will best promote the interests of the State; or the said board may sell the said to sell prop- property in whole or in part subject to the conditions erty in whole hereinafter provided, and such other conditions may be agreed upon, by public auction, after such advertisement, and on such terms as to cash and credit, as it may seem proper, and promotive of the interests of the State; and in the case of such sale, they shall from the proceeds thereof pay, first, the costs inpay in case of cidental thereto, and next the indebtedness now owing by the trustees of Berkeley Springs, for improvements heretofore made thereon, and lastly, the surplus shall be paid to the State. The power above conferred to lease or sell shall be deemed to include the power to ferred defined. lease part and sell part of said property.

or in part; how.

-what to

sale.

-surplus.

-power con

tions if prop

or sold.

vest in

state, when.

as

5. Any sale or lease which may be made hereunFixed condi- der shall be made on and subject to the conditions. erty be leased that the said property shall be perpetually maintained and operated as a public watering place and health resort without discrimination against or any special -title to re- and exclusive privileges in favor of any person, and when the purchaser or his grantees shall cease to so maintain and operate it, the title thereto shall re-vest in the State of West Virginia. Any rights of the isting rights Berkeley Springs Springs water works and improvement company, as at present existing, and any rights of any other persons now existing to take water from the springs on said property, shall not be affected by this act, or any sale or lease made hereunder.

certain ex

Got affected by sale or lease.

Confirmation of lease or sale by whom.

6. Any lease or sale made under the provisions hereof shall be submitted for confirmation to the board of public works of this State, and shall not be valid unless and until confirmed by the said board of public works.

new board, as how and when ap

remove and

as to resi

7. Said Berkeley Springs board shall consist of Members of five members, to be appointed by the governor, soon as practicable after the fourth day of March, pointed. one thousand nine hundred and one, and the governor shall have power to remove any member at his dis--power to cretion, and to fill from time to time any vacancy fill vacancies. therein occurring by death, resignation or otherwise. No two members of said board shall reside in the restriction same county, nor shall any one of said board be ap- dence of mempointed from any county adjoining or adjacent to the bers of board. county of Morgan. Morgan. That before entering upon the -oath of duties herein provided for, each member of said board members of shall take an oath, before some officer authorized to administer the same, to support the constitution of the United States and the constitution of the State of West Virginia, and to faithfully discharge the duties of his office to the best of his skill and judge- -where filed ment, which oath shall be filed with the governor of this State within thirty days after the notice of his appointment as a member of said board.

board.

and when.

cute, and

8. In case any sale be made of said property under Deed of sale; the provisions of this act, the deed therefor shall be who to exeexecuted without warranty of title, in the the State of West Virginia, by the governor, hereby given power to execute such deed knowledge the same for record.

name

of how.

who

is

and

ac

name of.

9. The said members of said Berkeley Springs New board board, and their successors are hereby created a body made a body corporate under the name of "Berkeley Springs corporate; Board," with power to sue and be sued, to elect of- -corporate ficers, adopt by-laws, and a corporate seal, and gen-powers. erally to exercise such powers as may be necessary or proper to perform the duties and obligations imposed by this act, and shall have power to enforce the provisions of any lease or deed of conveyance of said property which may be made as hereinbefore provided, and in case of any forfeiture of any such lease or deed, it shall have power as often as any such forfeiture may occur to make a new lease or sale upon the terms and conditions hereinbefore set out. The penses incurred by the said Berkeley Springs board or by the members thereof in carrying out the visions of this act and in discharging their thereunder shall be paid out of the treasury of

power to ex- lease or sale;

make new

when.

pro- members of duties new board, the

-expenses of

how paid.

-per diem.

Acts repealed.

State, and the auditor shall from time to time issue his warrants therefor upon certificates of the president and secretary of said board approved by the governor. The expenses of the members of said board shall include the sum of four dollars per day to each member for each day spent in the discharge of his duties hereunder.

10. All acts and parts of acts in conflict or inconsistent herewith are hereby repealed.

Preamble re

sons and ne

1

real estate in

Tyler coun

(House Bill No. 19.)

CHAPTER 129.

AN ACT to provide for the reassessment of the value of all the real estate in Mercer and Tyler counties, West Virginia.

[Passed February 1, 1901. In effect from passage. Approved February 9, 1901.]

Whereas, By reason of the fact that no competent citing the rea- person would serve for the compensation provided cessity for re- in making a reassessment of the real estate in the assessment of counties of Mercer and Tyler under the provisions of Mercer and the acts of the Legislature of one thousand eight hundred and ninety-nine, chapter twenty-one, providing for the reassessment of the real estate in the several counties of this State, and in consequence thereof no actual reassessment of the real estate was in fact made as provided in said act in either of said counties; therefore,

ties.

Mercer and

divided into two assesment dis

Be it enacted by the Legislature of West Virginia:

1. That Mercer and Tyler counties for the purTyler counties pose of having a proper reassessment of the valuation of the real estate therein shall each be divided into two assessment districts for the assessment of the real estate and minerals therein only under the provisions of this act.

tricts, for what purpose.

Tyler county; first assessment district.

The first assessment district of Tyler county shall consist of all the lands and minerals lying within the boundaries of Ellsworth and Lincoln districts; the

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