such bank shall not be subject to such provisions so far as the same may be inconsistent with a special charter to such bank. Capital Stock. 77. The capital stock of every banking company, formed Limitation of under the provisions of this chapter, shall not be less than capital stock. twenty-five thousand dollars, nor more than five hundred thousand dollars. Personal Liability of Stockholders. stockholders to 78. The stockholders of every bank heretofore or here. Liability of after organized, under the act passed December twenty-six, creditors. one thousand eight hundred and seventy-three, entitled "an act to provide for the incorporation of banks of discount and deposit," or under this chapter, shall be personally liable to the creditors thereof, over and above the amount of stock held by them, respectively, to an amount equal to their respective shares so held, for all its liabilities accruing while they are such stockholders. Directors. banks must be thereof. 79. Every director of a bank must be a stockholder Directors of thereof, and shall, before entering upon his duties as such, stockholders take an oath that he will, so far as the duty devolves upon Oath of director. him, diligently and honestly administer the affairs of the company, and that he will not knowingly and willingly permit to be violated any of the provisions of the laws of this state relating to banks; that he is the bona fide owner in his own right of the stock standing in his name on the books of the company, and that the same is not hypothecated in any way or pledged as security for any loans obtained or debts owing; which oath subscribed by himself. and certified by the officer before whom it is taken, shall be and preserved. filed and carefully preserved in the office of such bank. Meeting of Stockholders- Where Held. Where oath filed where held. 80. No meeting of the stockholders or directors of a Meetings; bank, shall be held out of this state. Powers of Banks. powers of banks. 81. Every such bank may exercise under the laws of Incidental this state, all such incidental powers as shall be necessary to carry on the business of banking, by discounting promissory notes, negotiating drafts, bills of exchange, and other evidences of indebtedness, receiving deposits, buying and selling exchange, bank notes, bullion or coin, and by loaning money or personal or other security. Sale of Property and Works of Corporations other than Railroad Companies. 82. Whenever there has been since the first day of Feb and works of corporation other than railroad companies. Sale of property ruary, one thousand eight hundred and seventy-seven, or shall hereafter be a sale of the works and property of any corporation, other than a railroad corporation under a decree, mortgage or trust deed, and there be a conveyance to the purchaser for the same, said purchaser or purchasers shall become a corporation in the same manner and be entitled to the franchises of the old corporation in the same manner as is provided for railroad corporations in such cases in section seventy-two of this chapter, and the old corporation shall be ipso facto dissolved. But the purchaser at said sale shall not obtain the works constructed, or property acquired after the making of the said deed of trust or mortgage. Exception as to works con structed, etc, after execution of trust. Acts Repealed. 2. The act recited in section seventy-eight of this chapter is hereby repealed. [Approved March 17, 1881.] [NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.] The foregoing act takes effect from its passage, twothirds of the members elected to each House, by a vote taken by yeas and nays, having so directed. Code revived CHAPTER XVIII. AN ACT to revive, amend and re-enact chapter forty-two of the code of West Virginia, concerning the taking of land without the owner's consent for purposes of public utility, and to repeal chapter one hundred and fourteen of the acts of one thousand eight hundred and seventyfive. ¡[Passed February 23, 1881]. Be it enacted by the Legislature of West Virginia: 1. That chapter forty-two of the code of West Virginia and amended. be and the same is hereby revived, amended and re-enacted so as to read as follows; Private property not to be CHAPTER XLII, OF THE TAKING OF LAND WITHOUT THE OWNER'S CONSENT FOR In what Cases and how Private Property may be Taken or 1. Private property shall not be taken or damaged for taken for public public use without just compensation; nor shall the same compensation, tained. be taken by any company incorporated for the purposes of use without internal improvement, until just compensation shall have etc. been paid, or secured to be paid to the owner; and when private property shall be taken or damaged for public compensation; use, or for the use of such corporations, the compensation how ascerto the owner shall be ascertained in such manner as may be prescribed by general law; Provided, That when re- when compenquired by either of the parties, such compensation shall be sation shall be ascertained by an impartial jury of twelve freeholders. jury. 2. The public uses for which such private property may Purposes for be taken or damaged, are as follows: ascertained by which private property may First-For the construction of railroads, canals, turn- be taken. pike roads, county roads, public landings, bridges, and public streets and alleys. Second-For incorporated companies of which the state is sole or part owner. Third-For court houses and other public buildings for the use of a county or municipal corporation. Fourth-For cemetery associations. Fifth-For companies organized for the purpose of transporting carbon oil by means of pipes or otherwise. Sixth-For telegraph and telephone companies. Seventh-For public school houses and all other purposes of public utility which now are or may be prescribed by law. Eighth-By the government of the United States for the purpose of erecting thereon lighthouses, signal stations, beacons, locks, dams, works for improving navigation, post offices, custom houses, court houses, or any other needful public structure, or work of improvement whatever, subject to the provisions of chapter one of this code. land for ceme But no land shall be so taken for cemetery purposes, Exception as to which lies within four hundred yards of a dwelling house, tery purposes. unless to extend the limits of a cemetery already located, and then only so that such limits shall not be extended nearer to any dwelling house which is within four hundred yards. To Whom the Application Must Be Made. must be made where land lies. 3. In any case in which real estate may be lawfully Application taken for a purpose of public utility, application may be to circuit court made to the circuit court of the county in which the estate of county is situated, to appoint commissioners to ascertain a just compensation to the owners of the estate proposed to be If land lie in taken. If a tract lie partly in one county and partly in different counanother, the application in relation thereto, may be made may be made in in either county. Against Whom the Proceedings May Be Instituted. 4. The proceeding may be instituted jointly against all ties, application either. Against whom proceedings to be instituted. Application must be made in writing; what must be stated therein. Notice of application. Notice by publication in certain cases. the owners of the real estate proposed to be taken, lying within the county, including tracts lying partly therein and partly in an adjoining county, or it may be instituted against the owners of one or more parcels. What the Application is to State. 5. The application must be in writing, describing with reasonable certainty the real estate proposed to be taken, and stating (so far as they are known to the applicant), the names of the owners of each parcel and the nature of their respective interests. If there are any liens on such real estate, created by judgment, deed of trust or otherwise, or conflicting claims thereto, the petition shall state the nature and amount of such liens and claims, and the names and residence of the persons holding the same as far as they are known. It must also state the purpose to which the said estate is intended to be appropriated, and may state the sum of money which the applicant is ready to pay therefor to the owner of each parcel. Notice of the Application. 6. Of such application ten days' notice shall be served on the said owners, claimants and persons holding liens, and the notice may be given either before the application is presented or afterwards. But where the owners of all or any part of the real estate proposed to be taken, or the persors holding such liens or conflicting claims, or any of them, are not in the county or are unknown to the applicant, the notice as to them, instead of being thus served, may be given by advertisement containing (by reference to a plat filed for the purpose in the office of the clerk of the What notice to circuit court or otherwise) a specific description of the property in which they are interested that is proposed to be taken, and stating the purpose to which it is intended to be appropriated, and the time and place at which a hearing will be asked for upon the said application, which advertisement must be published at least once a week for four weeks successively in some newspaper printed in the county; or if none be printed therein, then in some newspaper of general circulation in the county; and must also be posted at the front door of the court house of the county four weeks at least before the bearing. contain. Parties under disability; how notice served. Parties Under Disability or Unknown. 7. If an owner or person holding such lien or claim be under disability, and there be a guardian or committee for him, such guardian or committee shall be notified; but if there be no guardian or committee, or if any such owner or person be unknown, the court shall appoint a guardian When guardians ad litem to defend their respective interests, and may dipointed; his rect the expense of such guardian ad litem, including a ad litem ap compensation. reasonable docket fee, to be fixed by the court, but not to duties and When Further Notice May Be Required. notice may be 8. On the hearing, if it appear that there is any person When further who ought to be notified of the proceeding, to whom proper required. notice has not been given, the court shall make an order staying the proceeding until proper notice has been given to such person. When the Owner Accepts the Sum Offered. made when 9. If the applicant has stated in his application the sum Order to be of money he is ready to pay to any owner for his interest owner accepts in the real estate, or any parcel thereof, proposed to be sum offered. taken, and such owner, not being under disability, consent to accept the same, and there be no lien on, or conflicting claims thereto, the court shall make an order that, on such payment being made, the interest of the said owner shall be thereby transferred to the applicant, and a copy of such order, with the receipt of the said owner for the money written thereon, or annexed thereto, shall Effect of such operate as a conveyance, with special warranty, and may be acknowledged for record, and recorded in like manner and with like effect. Appointment of Commissioners. order. to appraise 10. But, except in the case specified in the preceding Commissioners section, upon its appearing that proper notice has been to be appointed given, and that the case is one in which the applicant has property. lawful right to take private property for the purposes stated in the application, upon just compensation, five disinterested freeholders shall be appointed commissioners to ascertain what will be a just compensation to the person entitled thereto, for each parcel of real estate proposed to be taken. No person shall be deemed interested or incompetent to act as commissioner, by reason of his being an inhabitant of the county, district, or municipal corporation, on behalf of which the application was made, or holding property therein. sioners selected. 11. The appointment shall be made as follows: Thir- How commisteen disinterested freeholders shall be nominated by the court, of whom the applicant may strike off four or any less number from the list, and the defendants, or such of them as appear or are represented, may also strike off four or any less number, and after eight names are stricken from the list, the remaining five shall be the commissioners. But where there is no appearance for the defense, or the defendants who appear or are represented do not agree as to any one or more of the names to be stricken off on their 32 Acts |