etc., the C. & O. to possess, -what rights said Chesapeake and Ohio railway company shall be entitled to and shall have and possess all the rights, privileges, franchises and property of the said Greenbrier railway company. etc, Surviving company to assume all lawful debts, etc.; subject to what rights. Copy of agreement or resolution to be filed, where and when. What stock C. & O. may hold pending purchase; 2. In the event of such purchase, union, consolidation or merger, the said Chesapeake and Ohio railway company shall assume all of the lawful debts and obligations of the said Greenbrier railway company, and it shall be lawful for the holders of such debts and obligations of the said Greenbrier railway company, and Chesapeake and Ohio railway company, subject, however, to the right of the said Chesapeake and Ohio railway company to make any and all defences in law or in equity which the said Greenbrier railway company would have had the right to make to the same, had such purchase, union, consolidation or merger not taken place. 3. It shall be the duty of the said The Chesapeake and Ohio railway company to file in the office of the secretary of state a copy of the terms of such purchase, union, consolidation or merger or a certified copy of the resolution of the stockholders of each company, respectively, within sixty days from the date thereof. 4. Pending such purchase, union, consolidation or merger, the Chesapeake and Ohio railway company is expressly authorized to hold the stock of the Greenbrier railway company, with all the rights of any stockholder. AN ACT to amend and re-enact section two of chapter Passed February 1, 1901. In effect 90 days from passage. Approved Be it enacted by the Legislature of West Virginia: Potomac & That section two of chapter fifty of the acts of one Act amended thousand eight hundred and eighty-one- entitled "An relating to act to change the name of the Potomac and Piedmont Piedmont coal and railroad company, and to confer additional co. powers thereon," be amended and re-enacted so as to read as follows: Coal & R. R. capital stock; acter of, etc. and how. capital stock. 2. That the authorized capital stock of the said Authorized company shall be twenty-five millions of dollars, to be value of divided into shares of one hundred dollars each, and shares; charshall be considered as personal property, and shall be transferable in such manner as may be provided for by the by-laws of said company, and each share there-holders enof shall entitle the holder thereof to one vote in all titled to vote the meetings of the stockholders of said company, to be given either in person or by proxy, and payment payment of may be made for the whole or any part of such capital stock, either in land or other property, or money, and if land or other property, then at such price and valuation as may be agreed upon; the president and direc- -new subscriptions. tors of said company shall have power at any time thereafter, and without opening new books of subscription, to receive further subscription to said capital stock, and to augment the same to such extent as may be authorized and fixed at any general meeting of stockholders of said company, not to exceed twentyfive million dollars. And it may be lawful for all persons and bodies corporate or politic, whatsoever, to become subscribers for and owners of the capital stock of the said company. The capital stock so authorized for what may be used for the extension and construction of purposes such branch and connecting lines of railroad as the stockholders may determine. -who may subscribe. stock used. (Senate Bill No. 107.) Preamble. Land titles, county; rec CHAPTER 114. AN ACT providing for copying certain records, books, documents and papers relating to land titles, liens, releases and wills, in the county of Mingo, to be procured from the offices of the surveyor and clerk of the county court of Logan county, and from the office of the auditor of the State of West Virginia; providing for the appointment of a commission to procure such copies, and making the same parts of the public record of the offices of the surveyor and clerk of the county court of Mingo county, and providing how the same, or copies therefrom, and certificates based thereon, may be used as evidence. [Passed February 18, 1901. In effect 90 days from passage. Approved February 20, 1901.] Whereas, The act creating Mingo county in the year eighteen hundred and ninety-five failed to make provision for transcribing and transferring to the county of Mingo the records relating to the titles to lands located in Mingo county, which occasions great inconvenience and expense to the citizens of Mingo county; therefore, Be it enacted by the Legislature of West Virginia: 1. The governor of this State be and is hereby auetc., in Mingo thorized and directed to appoint a committee, consistords of Logan ing of three citizens of said Mingo county, whose ing to, to be duty it shall be to transcribe into well-bound books copied; governor to county, relat appoint com missioners. -what records to be copied. prepared for the purpose, from the records of Logan county, all of the following records pertaining to lands situate in Mingo county, as the same may be found in the offices of the surveyor and clerk of the county court of said Logan county, to-wit: The records of land entry and survey books; the record of delinquent lands; the record of lands sold for the non-payment of taxes; the record of judgment liens; the record of trust deeds; the record of release of liens; the record of all other liens and releases of the same; the record of wills; the record of deeds. And the following records from the office of the auditor of this State, to-wit: office of audi The land books upon which are entered for the pur- Records in poses of taxation the lands situated in said Mingo tor to be county from the formation of this State to the creation copied. of the said county of Mingo. books to be 2. The books mentioned in the next preceding sec- Character of tion, into which such records as are mentioned therein used. are to be transcribed, shall be such as are required by existing law to be kept in the offices of the county surreyors and clerks of the county courts of this State, and shall be provided by the commissioners appointed -how prounder this act, and paid for out of the treasury of Mingo county, as provided by law, for the purchase of other record books. vided. given for access to records. 3. The surveyor and county clerk of Logan county, Permission and the auditor of this State, shall permit the commissioners appointed under this act, and all persons appointed under this act, and all persons employed thereby, to freely use and copy, without charge, the records and books mentioned in section one of this act. authorized to paid. 4. The commissioners appointed under this act Commissioner shall have power to employ such assistants as they employ assistmay deem necessary to perform the work authorized ant. by this act, for all of which work the said commissioners shall receive the following compensation, which compensashall be allowed by the county court of Mingo county tion; how and paid out of the treasury thereof: three dollars each per day for each day actually engaged in and about this work, except for the time they are engaged in copying and transcribing, and for such transcribing -pay for and copying there shall be paid ten cents for each records. hundred words as transcribed or copied, which shall likewise be paid out of the county treasury of Mingo county. copying 5. All books, records and documents transcribed where records as provided by this act from the office of the surveyor placed, when copied. of Logan county shall be placed and remain in the office of the surveyor of Mingo county, as parts of the records thereof. All such books, records, documents and papers transcribed from the auditor's office of the State shall be placed and remain in the office of the clerk of the county court of Mingo county, as parts of the records thereof. All copies in whole or in part of books, records, documents and papers transcribed, as provided by this act, and which shall be placed and kept in the offices of the surveyor and clerk of the county court of Mingo county, as provided by this act, shall be treated and held to be prima facie correct and may be used for all purposes in like manner and with like effect as the originals from which they were copied could be used; and certified copies therefrom shall be received in evidence with the like effect as copies certified from the originals: provided, however, that any person shall have the right to prove that any such copy, or any part thereof, was not correctly made from the records of Logan county and the auditor's office and is not a correct copy from such records. 7. The provisions contained in sections five, five a, and six, of chapter one hundred and thirty of the code of West Virginia, shall apply to a copy of or from any of the books, records, documents or papers transcribed by virtue of this act, and which shall be placed and kept in the offices of the surveyor and clerk of the county court of Mingo county, attested as provided in said sections, and to any certificate of the clerk of the county court of Mingo county, in whole or in part, upon the contents of any of the records transcribed as provided by this act as to the nature of any real estate as delinquent, or sale thereof for taxes or non-payment of taxes, or forfeited or delinquent lands, or nonentry of land on the land books. |