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of any debt contracted by such corporation for its purposes and business; but no such mortgage or deed of trust shall be valid unless authorized by a resolution adopted by the affirmative votes of the holders of a majority stock of the company; and any such mortgage or deed of trust may include, grant and convey and make subject to the lien thereof, all betterments, improvements and works made or constructed and property and franchises acquired and used in the company's business, after the making of such mortgage or deed of trust; money and debts due the granting company excepted, and the purchaser at any sale under such mortgage or deed of trust shall be entitled to such betterments, improvements, works, property and franchises, with the exceptions aforesaid, as well as the property and franchises granted, thereby owned and possessed by the company, at the time of the making of the mortgage, or deed of trust, under which the sale is made; any other law or statute to the contrary notwithstanding. Such purchaser shall be a corporation in the same manner as is provided in relation to purchasers of railroad property by sections seventytwo and seventy-three of chapter fifty-four of the code of West Virginia, and all the provisions of said two sections shall apply to the last mentioned corporation. All mortgages or deeds of trust heretofore made by any bridge company incorporated under the laws of this state, whether the same shall have been executed by virtue of a resolution adopted by a vote of the stockholders, or shall have been executed by virtue of a resolution adopted by the board of directors of such corporation, without any action on the part of the stockholders thereof, which purport to grant and convey property and franchises of the granting company owned and possessed at the time of making the mortgage or deed of trust, or such property and franchises, together with property or franchises, or both, of such company, which it may have acquired subsequently to the making of such mortgage or deed of trust, shall be as valid and effectual for the purpose of effecting such grant and conveyance, and make the same as effectually, as if this section as amended by this act had been in full force before and at the time of the execution of such mortgages or deeds of trust and purchasers at any sales thereunder shall have the same rights, powers and privileges as are by this section conferred upon purchasers at sales made under mortgages and deeds of trust executed by such companies after this act takes effect
(House Bill No. 127.)
AN ACT to amend and re-enact sections eighteen and twenty of
chapter forty-two of the code, relating to taking land without the owner's consent for purposes of public utility.
Became a law
[Passed February 19, 1907. In effect ninety days from passage.
without the approval of the Governor.]
Payment of compensation; when;
land paid for vested in fee sim-
value of real estate taken.
of setting aside or recommit
tal of report; the company shall attempt to agree with land owner as to damage; failing to agree, what then; trust company authorized to do business in the state sufficient surety on bond ; court to approve bond ; commissioners appointed on petition of whom ; duties.
Be it enacted by the Legislature of West Virginia:
That sections eighteen and twenty of chapter forty-two of the code be amended and re-enacted so as to read as follows:
Sec. 18. At any time within three months after the report, or verdict of a jury, if there be one, has been confirmed and ordered to be recorded, or where such report or verdict has already been confirmed, at any time within three months after this chapter takes effect, the sum so ascertained with legal interest thereon from the date of the report or verdict until payment, may be made by the applicant to the persons entitled thereto or into court; upon such payment the title to that part of the land so paid for, shall be absolutely vested in fee simple in the applicant, except that in case of a turnpike, or other road, (not including however a railroad), the right of way only shall be so vested; provided, that a railroad company desiring to construct a bridge, viaduct, tunnel or any part of its railroad, or a pipe line company organized for the purpose of transporting carbon oil or natural gas, or both, by means of pipes. or otherwise, and desiring to construct its pipe lines, may as to all or any part of the real estate sought to be taken for that purpose, describe in its application an estate or interest therein less than a fee, and with respect to the same may proceed as in other cases; and upon payment therefor, such estate and interest as is stated and described in the application shall vest in the applicant; but when less than a fee is taken in assessing damages, the commissioners and jury shall take into consideration the actual damages
that is done or that may be done to the fee by such construction ; provided, that when an estate or interest less than a fee is taken by a railroad company for any part of its railroad, the assessor shall assess the value of said real estate, as if taken in fee, against such party condemning less than a fee, and the provisions of section forty-three (a) of chapter twenty-nine of the code of one thousand eight hundred and ninety-one, shall apply to such cases.
Sec. 20. After such report has once been made, whether it be set aside, recommitted, or new commissioners appointed or not, or whether a trial by jury be demanded and had or not, the applicant upon paying into the court the sum ascertained by such report, with legal interest thereon from the date of the report until payment, may, notwithstanding the pendency of further proceedings, enter upon, take and use for the purposes specified in the application, that part of the land in respect to which such payment is made and where such payment has been made and possession taken, or where payment has been made without taking such posses. sion in a pending case, it shall have the same effect as if such payment were made or possession taken, or both, in a case hereafter commenced; and no order shall be made or any injunction awarded by court or judge to stay him in so doing, unless it be manifest that applicant is insolvent or that he or his officers, agents or servants, are transcending their authority or that such interposition is necessary to prevent injury which can not be adequately compensated in damages.
Provided, however, that if the company desiring to condemn be a pipe line company organized for the purpose of transporting carbon oil or natural gas, or both, by means of pipes or otherwise and seeking to condemn an easement, then in addition to the procedure in this chapter provided, such company, at is election, may proceed as follows:--the
company shall attempt to agree with the owner of the land as to the damage properly payable for such easement, if such owner can be found and is sui juris, and failing to agree, the applicant shall tender to the owner a bond with sufficient surety to secure him or her in the payment of damages, to which bond a plan shall be attached showing the route of the proposed pipe line over said land; upon acceptance of said bond the right of the applicant to enter upon the enjoyment of its easement shall be complete; if the owner refuse to accept said bond, or cannot be found, or is not sui juris, said bond shall then be presented to the circuit court
of the county in which the land is situated, or to a judge thereof in vacation, after five days' written notice shall have been given to the owner of said land, or to his guardian or committee if he be not sui juris, and if said owner cannot be found, or his guardian or committee, being not sui juris, then after five days' written notice posted upon the said land; said notice shall state the time and place for the presentation of said bond, and shall state that unless exceptions to the form, amount or surety of said bond be filed within three days after presentation, said bond shall be approved by the court. Any trust company authorized to do business in the state of West Virginia shall be considered a good and sufficient surety on such bond.
If no exception to the said bond be filed within the said time, the said court shall approve the said bond and shall direct the said bond, with the plan thereto attached, be filed for the benefit of the owner of said land and of said applicant; if any exception to the said bond be filed within three days after the presentation thereof, the said court shall thereupon fix a day not more than five days thereafter for the hearing thereof, and may require evidence, either by testimony or otherwise, as to the sufficiency of the sureties or surety, and as to the sufficiency of the amount of the bond, and may in its descretion require new surety or may require bond for a larger amount or in more satisfactory form, and when the court shall approve said bond it shall be ordered to be filed as aforesaid; upon the approval of said bond and the filing thereof the right of the applicant to enter upon the enjoyment of its easement shall be complete.
Upon petition of either the property owner or the applicant, at any time after said bond shall have been presented and filed, five disinterested free holders shall be appointed as in this chapter provided, to serve as commissioners to ascertain what will be a just compensation to the person entitled thereto for the easement so appropriated, and thereafter the proceedings shall be in accordance with the provisions of this chapter.
(House Bill No. 42.)
AN ACT to amend and re-enact section fifty-seven of chapter twen
ty-nine of the code of West Virginia, as last amended and reenacted by chapter thirty-five of the acts of one thousand nine hundred and five, relating to property exempt from taxation.
[Passed February 16, 1907. In effect ninety days from passage. Approved by the
Governor, February 20, 1907.)
Be it enacted by the Legislature of West Virginia:
That section fifty-seven of chapter twenty-nine of the code, as last amended and re-enacted by chapter thirty-five of the acts of one thousand nine hundred and five, be and the same is hereby amended and re-enacted so as to read as follows:
Sec. 57. All property, real or personal, described in this section, and to the extent herein limited, shall be exempt from taxation; that is to say property belonging to the United States, or which by the laws of the United States, is exempt from taxation by or under state authority; property belonging exclusively to the state; property belonging exclusively to any county, district, city, village or town in this state and used for public purposes; property used exclusively for divine worship, parsonages, and the household goods and furniture pertaining thereto; cemeteries; property belonging to colleges, academies, and free schools, if used for educational, literary or scientific purposes, including books, apparatus, annuities, money and furniture; public and family libraries; property used for charitable purposes and not held or leased out for profit; all real estate not exceeding one-half acre in extent and the buildings thereon and used exclusively by any college or university society as a literary hall or as a dormitory or club room if not leased or otherwise used with a view of profit, and all books, furniture, apparatus, and instruments belonging to such society; property belonging to any public institution for the education of the deaf, dumb or blind, or to any hospital, house of refuge, lunatic or orphan asylum ; homes for children or for the aged, friendless or infirm, not conducted for private profit, fire engines and implements for the extinguishing of fire and property used exclusively for the