SEC. general benefits declared and of 2. After filing with county court of any county certified copy laws of Pennsylvania as contemplated in section one, petition signed by at least one hundred voters and taxpayers of county praying county court to order special election upon question of issuing bonds of the county in aid of canal, election may be called; action of county court thereunder; election under petition and how ordered; how notice shall be given, and duty of clerk of county court and sheriff in relation to posting notices; order for election may also be published in newspapers by order of court; vote may be taken at a general or special election, and what ballot shall contain; in case of failure to provide ballots, voters may prepare their own; result of election and how ascertained; if a special election same precincts and same methods to prevail; election officers and voters subject to same duties and penal ties as at general election, and SEC. 3. expenses a county charge; three- When officer of Pennsylvania duly 4. "County court" construed for pur- 5. Chapter 20, acts of 1911, repealed. Be it enacted by the Legislature of West Virginia: Section 1. This act contemplates the construction, main2 tenance and operation by the state of Pennsylvania, or by a com3 mission, board, or other agency thereof, incorporated or other4 wise, under the authority and provisions of any present or 5 future law of the state of Pennsylvania, of a canal or navigable 6 waterway, from the junction of the Ohio river and Beaver river 7 in the state of Pennsylvania, to a point on Lake Erie, 8 in the state of Ohio; the raising of of money sufficient to 9 pay the cost of the construction of such a canal or waterway by 10 such voluntary contributions, or appropriations, in money, or 11 bonds at their par value, as shall have heretofore been made, or as 12 may hereafter be made, pursuant to the authority of any present 13 or future laws, by the United States, the state of Pennsylvania. 14 the state of Ohio, the state of West Virginia, and various counties, 15 cities, towns, municipal corporations, or other political sub-divis16 ions, of the states of Pennsylvania, Ohio and West Virgina, or by 17 some or all of said United States, state and other public authori18 ties; the collection of tolls and charges on such canal, or waterway, 19 but only to such extent as may be necessary to provide for the cost 20 of the maintenance, operation and improvement thereof and to re 21 pay contributions made in money, or in bonds, at their par value and 22 the interest on such bonds; the distribution of any surplus revenues 23 of such canal, or waterway, among such contributors to such cost, 24 substantially pro rata according to the amount of their several con25 tributions in money, or in bonds at their par value, to such extent 26 as may be necessary to repay to said contributors the amount of 27 their several contributions made in money or in bonds at their par 28 value, with interest on such bonds. The construction of such a 29 canal, or waterway, will be of general benefit to this state and a 30 special benefit to certain counties of this state by reason of the lo31 cation, or commercial or industrial interests thereof; and it is 32 the intention of this act that the voters of any county of the state 33 of West Virginia shall have the right to determine that such coun34 ty will be specially benefited thereby by voting to issue bonds in 35 aid thereof as hereinafter provided. Sec. 2. At any time after there shall have been filed with 2 the county court of any county a certified copy or certi3 fied copies of the law or laws of the state of Pennsylvania 4 contemplated by the first section of this act, a petition may 5 be presented to the county court of such county, signed by at 6 least one hundred qualified voters and taxpayers of the county, 7 and verified by the affidavits of at least five of the petitioners, 8 stating that in the judgment of the petitioners, such county, by 9 reason of its location, or commercial or industrial interests, will 10 be specially benefited by the construction of such canal or water11 way, and praying the county court to order an election to be 12 held, at a date stated in such petition, upon the question of is13 suing, in aid of such canal or waterway, bonds of the county of 14 such aggregate principal amount, of such term, which shall not ex15 ceed thirty-four years from their date, and of such rate of interest, 16 which shall not exceed six per centum per annum, payable annually 17 or semi-annually, as may be stated in said petition. Upon receiving 18 such a petition the county court shall forthwith proceed to deter19 mine whether the petition conforms to the foregoing requirements, 20 and to that end may take evidence and call witnesses. If the county 20-a court shall find that the petition conforms to the requirements of 21 this act, it shall make an order to that effect and such order shall 22 be final and conclusive on the regularity and sufficiency of such 23 petition. Upon making such an order the county court shall 24 file said petition and shall direct an election, upon the question 25 of the issuance of said bonds, to be held in said county and to that 26 end shall make an order briefly referring to the petition so filed 27 and stating generally the purpose for which the bonds are pro28 posed to be issued, the aggregate principal amount of such bonds, 29 the term for which such bonds are to run, the rate of interest' 30 thereon, payable annually or semi-annually, all as set forth in 31 said petition, and that provision will be made for a direct annual 32 tax sufficient to pay annually the interest on such bonds and the 33 principal thereof within and not exceeding the term for which 34 such bonds shall run, and shall order that a vote be taken upon 35 the issuance of such bonds in the several election precincts in the 36 county on the date specified in said petition. Notice of the elec37 tion shall be given as hereinafter provided. Notice of the election 38 shall be posted at least thirty days before the date fixed for holding 39 the election as follows: the clerk of the county court shall cause 40 as many copies of such order to be written or printed as may be 41 necessary and sign the same, and he shall post one of them in a 42 conspicuous place in his office, and one at the front door of the 43 court house, and deliver the others to the sheriff of the county, 44 who shall post one of said copies in a conspicuous place at each of 45 the usual voting places in the county. The certificates of such 46 clerk and sheriff that such notice has been posted by them re47 spectively, as heretofore provided, filed with the county court, 48 shall be conclusive evidence of such facts. The order for the 49 election may be published in such newspapers as the county court 50 may direct in the order calling the election, and shall be pub51 lished at least once, and thirty days prior to the date fixed for 52 such election, in some newspaper of general circulation in such 53 county, unless the county court shall recite in such order that 54 there is no such newspaper, in which case no such publication 55 shall be necessary. 56 If the date for holding such election fixed in the petition 57 aforesaid shall be the date fixed by law for holding a general 58 election for state or county officers, such vote shall be taken at 59 such general election, otherwise a special election shall be held 60 for the taking of such vote. If such vote shall be taken at a gen61 eral election there shall be printed or written upon the ballots to 62 be voted at such general election the words "for canal bonds" and 63 "against canal bonds," or substantially similar words which will 64 enable the voter to indicate his desire on said question. If such 65 vote shall be taken at a special election the ballots cast thereat 66 shall bear the same or substantially similar words, which ballots 67 need not conform to the requirements of any other law and shall 68 be prepared and distributed by the clerk of the county court; 69 but in case of the failure of such clerk to furnish such ballots 70 at any voting precinct the voters thereat may prepare their own 71 ballots. If such vote shall be taken at a general election, the 72 result of such vote shall be ascertained, returned and canvassed in 73 the same manner as the result of said general election. If the 74 vote shall be taken at a special election such election shall be 75 held at the usual voting places in the county by commissioners 76 appointed for that purpose by the county court at the time the 77 election is ordered, or at any time prior to the time of such elec78 tion, and such election shall be opened, held and conducted, and 79 the result shall be ascertained, returned and canvassed, substan80 tially as provided by the law or laws governing general elections 81 so far as the same may apply. All officers who are required to 82 perform any duties in connection with such special election and 83 all voters voting thereat shall be subject to the penalties pre84 scribed in case of general elections, and the expenses of calling 85 and holding any election hereunder shall be a county charge. 86 If it shall appear when the result of any such general or special 87 election is ascertained that not less than three-fifths of all the 88 votes cast for and against the proposed bond issue are in favor of 89 such issue, the county court shall issue the bonds so authorized as 90 hereinafter provided. If at any such election three-fifths of all 91 the votes cast for and against said bonds shall not be in favor of 92 the issuance of such bonds, no further election upon such ques93 tion shall be held during the six months following. The power 94 hereby conferred shall not be deemed to be exhausted by a single 95 submission to a vote, and a favorable vote thereat. Sec. 3. Whenever any officer of the state of Pennsylvania, or 2 any commission, board, or other agency thereof, or any officer of 3 such commission, board, or other agency, thereunto duly author4 ized by any present or future law of the state of Pennsylvania shall 5 certify to the county court of any county which shall have voted 6 as aforesaid to issue bonds to aid in the construction of said canal, 7 or waterway, that contributions or appropriations, in money, or 8 bonds at par value, have been authorized as contemplated in the 9 first section of this act, at least equal in amount to the estimated 10 cost of such canal or waterway, the county court of such county 11 shall by an order or resolution, authorize and direct the president 12 and clerk of such county court (or other officers exercising like 13 functions) to execute under the seal of the county the amount of 14 bonds authorized by vote taken as aforesaid, and to deliver such 15 bonds so executed to any officer of the state of Pennsylvania, or to 16 any commission, board or other agency thereof, or to any officer of 16-a such commission, board or other agency authorized to receive and 17 receipt for said bonds by any present or future law of the state of 18 Pennsylvania. The said bonds shall bear date and be in such form, 19 either coupon or registered or coupon and registered combined, of 20 such denomination, and payable as to both principal and interest 21 at such place or places as the county court may provide, and shall 22 contain a recital that they are issued pursuant to the authority of 23 this act, and such recital shall be conclusive evidence of their va24 lidity and of the regularity of their issue. The order or resolu25 tion authorizing and directing the execution and delivery of said. 26 bonds shall provide for the collection of a direct annual tax suffi27 cient to pay annually the interest on such bonds and the principal 28 thereof within and not exceeding the term for which they shall run 29 which may be assessed, levied and collected without regard to any 30 limitation or restriction contained in any other law or laws upon 31 the amount of taxes which may be assessed, levied and collected. 32 Said bonds may be sold from time to time at public or private sale 33 for the best price obtainable, but for not less than ninety-five per 34 cent. of the par value thereof, and accrued interest, in such manner 35 as may be provided by any present or future law of the state of 36 Pennsylvania and the proceeds thereof shall be applied to the cost 37 and expenses involved in the construction of such canal and appur38 tenances; but no purchaser of said bonds shall be liable to see to the 39 application of such proceeds. Before any of said bonds shall be 40 sold, all matured coupons, if any, thereunto belonging, shall be de41 tached therefrom and cancelled and delivered to the county court 42 of the county issuing the same. Sec. 4. The words "county court" shall be construed to 2 include any tribunal in lieu thereof, created under the provisions 3 of section twenty-nine, article eight of the state constitution. Sec. 5. Chapter twenty of the acts of the legislature, ses |