electrical effect of. If, however, the said company shall fail to appoint failure of an arbitrator hereunder, within thirty days after company to notice in writing from the city of its desire that such do what, appointment shall be made, or in event said company shall fail, within thirty days after such award shall have been made, to transfer and convey to the said city, unincumbered, the property so valued, upon tender of the amount of said award, then, and in either event, the city shall not be required to purchase any of said company's property, as a condition precedent to its having the right to sell electricity and the products thereof for any and all purposes. 2. All acts or parts of acts coming within the pur- Acts repealed. view of this act and inconsistent herewith are hereby repealed. (House Bill No. 69.) CHAPTER 123. AN ACT authorizing the Council of the City of Martinsburg to issue bonds to the amount of seventysix thousand dollars to refund the old bonds of said city. [Passed February 7, 1901. In effect from passage. Approved February 18, 1901.] Be it enacted by the Legislature of West Virginia: to issue: 1. That the council of the corporation of Martins Bonds; counburg is hereby authorized and empowered to issue cil empowered bonds to an amount not exceeding the sum of seventy- amount and six thousand dollars in the aggregate, at any rate of est. interest not exceeding four per centum per annum. rate of inter ignate when, 2. That the council of the corporation of Martins- Interest: burg shall designate whether the interest on said council to desbonds shall be paid annually, semi-annually or quar- and place to terly, and the place where same shall be payable, all of which shall be expressed on the face of coupons for what exthe payment of said interest attached to said bonds. coupons. pay. pressed on when paya ble. 3. The principal of said bonds shall be payable at Principal; such times as are declared on the face thereof, not exceeding thirty-four years after the date of their issue. Not to be sold, etc., un- Payment of interest and principal, when. Bondsexempt from taxation. 4. That no bonds shall be sold or delivered or exchanged for less than their face value, and the proceeds arising from the sale of said bonds shall only be used to pay, cancel and redeem the present outstanding bonds of said corporation, and there shall be no increased indebtedness made or paid by said bonds. 5. That the said council of the corporation of Martinsburg shall provide annually for the payment of the interest, and the principal within the time expressed on the face of said bonds, in accordance with section eight of article ten of the constitution of West Virginia. 6. The bonds authorized to be issued under this act shall be exempt from taxation for municipal purposes, which fact shall appear on the face thereof as a part of the contract with the purchaser. Bonds; council authorized (House Bill No. 68.) CHAPTER 124. AN ACT authorizing the Council of the City of Martinsburg to issue bonds to the amount of thirtythree thousand dollars, for the improvement of the water works of said city. [Passed February 4, 1901. In effect from passage. Approved February 8, 1901.] Be it enacted by the Legislature of West Virginia: 1. That the council of the corporation of Martinsto issue; burg is hereby authorized and empowered to issue amount; rate bonds to an amount not exceeding the sum of thirtythree thousand dollars in the aggregate, at any rate of interest not exceeding four per centum per annum. of interest. visions rela ting to, Interest; pro- 2. That the said council of the said corporation of Martinsburg shall designate whether the interest on said bonds shall be paid annually, semi-annually or quarterly, and the place where the same shall be payable, all of which shall be expressed on the face of coupons for the payment of said interest attached to said bonds. when paya 3. The principal of said bonds shall be payable at Principal; such times as are declared on the face thereof, not ex- ble. ceeding thirty-four years after the date of their issue. Proceeds; 4. The proceeds arising from the sale of said bonds shall be applied to improving and repairing the water how applied. works and water system of the said town and corporation, as the said council of the said corporation shall decide, authorize and direct. nance for is to become 5. Whenever the said corporate authorities shall When ordiprovide by ordinance for the issue of the bonds au- sue of bonds thorized by this act, and for the purposes mentioned operative. herein, such ordinance shall not become operative, and shall not have force and effect, until it shall have been published in some newspaper of general circulation, in the town of Martinsburg, for four weeks, consecutively, and been approved by three-fifths of the legal votes of said town, cast for and against the same, at an election to be held at the usual voting places within ten days after the expiration of the publication for four weeks of such ordinance as is herein provided, and in the publication of said ordinance, notice shall be given of the day on which said election shall be held. And in such election the con--election re duct and returns thereof shall be as provided by law turns, etc. for all other elections held in said town for officers and other purposes. principal; 6. The said council of the corporation of Martins- Payment of burg shall provide annually for the payment of the interest and interest, and the principal within the time expressed when. on the face of the said bonds, in accordance with section eight of article ten of the constitution of West Virginia. 7. Bonds authorized to be issued under this act Bonds not be sold, etc., unshall not be sold or negotiated for less than par value, der par. and shall be exempt from taxation for municipal pur--exempt poses, which fact shall appear upon the face thereof from taxaas a part of the contract with the purchasers. tion. (House Bill No. 194.) County redistricted. -present districts. -election of commissioners, when. CHAPTER 125. AN ACT to establish a County Court and Board of [Passed February 20, 1901. In effect 90 days from passage. Approved February 22, 1901.] Be it enacted by the Legislature of West Virginia: 1. The county of Pendleton shall be laid off in not less than six districts, as nearly equal as may be in territory and population. The present division of the said county into districts shall constitute such districts until changed by the county court hereafter mentioned. At the general election in nineteen hundred and two and every second year thereafter, there shall be elected in each district, by the voters thereof, a commissioner, who shall reside in his district, and hold his office for the term of two years, and until his successor is elected and qualified. The office of commissioner and justice of the peace shall be deemed incompatible; each commissioner shall receive for his -compensa service, two dollars per day for every day he shall attend court, to be paid out of the county treasury. A vacancy in the office of commissioner shall be filled by the county court hereinafter mentioned. -term. -what offices incompatible. tion. -vacancies. Provisions of law applicable to court sioners. 2. So far as they are not inconsistent herewith, all the provisions of chapter thirty-nine of the code of and commis- West Virginia, "concerning county courts, their jurisdiction and powers," and all provisions of law specting county courts generally, shall be applicable to the county court herein provided for, and to the commissioners composing the same; and the clerk of the county court of Pendleton county, now in office, and his successors, shall be clerk of the county court herein provided. A majority of such commissioners shall be a quorum for the transaction of business. -clerk. Adoption of system submitted to voters, when. 3. At the next general election to be held at the several voting places of the said county of Pendleton, on Tuesday next after the first Monday in November, one thousand nine hundred and two, after the passage of this act, the question of the adoption of the system provided by this act shall be submitted to the voters of the county of Pendleton, voting at such election. Notice of such election shall be given by -notice, how publication of this act in any newspaper that may be given. published at the county seat of said county, and by posting the same at the different places of voting in said county at least ten days before said election; and further notice shall be given in such manner as required by law, but the failure to give such notice failure to give notice. shall not invalidate the election held hereunder. Those voting for said system shall have written or ballots, printed on their ballots the words, "For Modification of County Court," and those voting against it shall have written or printed on their ballots, "Against Modification of County Court." how worded. how consti of. 4. The commissioners of the several districts shall County court, constitute a tribunal to be known as the county court tuted; name of Pendleton county, by which name it shall sue and be sued, plead and be impleaded, and contract and be-powers. contracted with. Such tribunal shall be in lieu of the -to be in lieu county court established by article eight of the constitution of West Virginia, as amended, for the transaction of business required to be performed in the county court created by the said article. of what. of court. election of president. 5. The first meeting of the county court, herein First meeting provided, shall be held on the first Monday in January, in the year one thousand nine hundred and three, or as soon thereafter as a majority of them may assemble for the purpose, at which time, and annually thereafter, at the first meeting in each year, or as soon thereafter as practicable, they shall elect one of their number president of the court. conducted, -to what court certified 6. Such election, as herein provided for, at each Election; how place of voting in said county shall be superintended, returned, etc. conducted and returned by the same officers, and in the same manner, as the election of the members of the legislature is superintended, conducted and returned, and the result at each place of voting shall be certified and returned to the county court now in existence in Pendleton county; and said court shall ascertain and declare the result of said election the ing and desame as the result of the election for other officers claring result. are ascertained and declared under the laws of this State, as far as they are applicable thereto. ascertain |