CHAPTER XXI. AN ACT authorizing the auditor to have and use an of ficial seal. [Passed February 9, 1882]. Be it enacted by the Legislature of West Virginia : Auditor authorized to have 1. That the auditor be authorized to have and use an official seal, which may be affixed to any certificate or other paper executed by him in his official capacity, when such and use an offcertificate or other paper is intended to be used out of the limits of this state. [Approved February 17, 1882]. [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. cial seal, when. CHAPTER XXII. AN ACT to authorize the Ohio Central Railroad Company to construct a railroad bridge across Elk river, at the point where Patrick street in the city of Charleston approaches said river. [Passed February 10, 1882]. Be it enacted by the Legislature of West Virginia: to construct Elk river. 1. That the Ohio Central Railroad Company be, and is Ohio Central hereby authorized and empowered to construct a railroad railroad compabridge across Elk river, at and opposite the point where ny authorized Patrick street in the city of Charleston approaches said bridge across river; Provided, however, that the span of said bridge Place where. across the channel of said river shall not be less than two Proviso. hundred feet in length, and the piers of said span shall stand near the edge of low water on each side of said river; and it shall be authorized to construct a shore span of suf ficient length ou each side of said channel span, but said bridge in all its spans, shall be at least as high above the surface of the water in said river, as the suspension bridge across said river a short distance below the point at which said railroad bridge is to be built. 2. That said Ohio Central Railroad Company shall have the privilege of constructing, if it chooses at any time, as a part of its said bridge, a safe passway for foot passen gers, outside of the trusses of its railroad bridge, but it 5 Passway for foot passengers; privilege to con-truct as trusses. No charge for shall make no charge of any kind for persons walking foot passengers. Over said passway; and if it should construct such footway, it shall have the privilege at any time of closing or move such foot-removing the said footway. Privilege to close and re way. [Approved February 17, 1882]. [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. Acts 1881 amended. Commencement of terms of the circuit court in eleventh circuit. CHAPTER XXIII. AN ACT to amend and re-enact section eleven of an act of the legislature of West Virginia, passed January thirty-one, one thousand eight hundred and eighty-one, entitled "An act fixing the time for holding the circuit courts in the several judicial circuits in this state." [Passed February 13, 1882]. Be it enacted by the Legislature of West Virginia: 1. That section eleven of an act of the legislature of West Virginia, passed January thirty-one, one thousand eight hundred and eighty-one, and entitled "An act fixing the time for holding the circuit courts in the several judicial circuits in this state," be amended and re-enacted so as to read as follows: 11. The circuit courts for the several counties of the eleventh judicial circuit shall hereafter commence and be held as follows: For the county of Upshur, on the second Monday in Upshur county. February, the first Monday in June and the first Monday in October. Lewis. Webster. Nicholas. Braxton. For the county of Lewis, on the first Monday in March, the third Monday in June and the third Monday in October. For the county of Webster, on the first day of April, the first day of August, and the first Monday in November. For the county of Nicholas, on the Wednesday after the second Monday in April, on the Wednesday after the second Monday in August, and on the Wednesday after the second Monday in November. For the county of Braxton, on the fourth Monday in April, the fourth Monday in August and the fourth Monday in November. 2. All acts and parts of acts in conflict with the provi- Acts repealed. sions of this act are hereby repealed. [Approved February 17, 1882]. [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. CHAPTER XXIV. AN ACT reviving, amending and re-enacting chapter thirty seven of the code of West Virginia, concerning the liquidation and payment of claims against the state. [Passed February 14, 188?]. Be it enacted by the Legislature of West Virginia: Code; chapter 37 1. That chapter thirty-seven of the code of West Virginia be and the same is hereby revived, amended and re- of, amended enacted so as to read as follows: and re-enacted. CHAPTER XXXVII. OF THE LIQUIDATION AND PAYMENT OF CLAIMS AGAINST THE Proceedings to Audit Claims. proceed by peti 1. Any person having a pecuniary claim against the Claimant to state, which the auditor has disallowed in whole or in part, Procter pet may apply by petition to the circuit court of the county court of county in which the seat of government is, to have such claim audited and adjusted. where seat of government is. auditer of his to file answer; same. without delay upon petition; 2. The person desiring to file such petition, shall give Petitioner to to the auditor at least ten days' previous notice of his in- give notice to tention to do so, and of the day he will present the same, intention. and it shall be the duty of the auditor to appear at such Duty of auditor court and file his answer to said petition, stating his ob- contents of jections to said claim and his reasons for rejecting the samo case heard or any part thereof. The case shall be heard without unnecessary delay upon the petition and answer, and the ev- answer and eviidence, if any, produced by either party, and it shall be Duty of attor the duty of the attorney general, or in case of his absence, ney general or the prosecuting attorney of the county, to appear and defend the interest of the state in the case. And if the claim be disallowed by the court, a fee of ten dollars to the lowed, attorattorney so appearing shall be taxed by the court against in costs. the petitioner in the bill of custs. dence. prosecuting attorney to defend. When disal ney's fee taxed Judgment of certified to auditor. allowed, auditor 3. The court shall ascertain and enter of record what the court to be sum, if any, is due to the petitioner upon the claim mentioned in the petition, and shall certify its decision to the When claim auditor whether the claim, or any part thereof, be allowed must report fact or not; and if such claim or any part of it, be allowed, the auditor shall report the same to the legislature at its next until appropria- session. But no such claim shall be paid until an approtion by legisla- priation shall be made therefor by the legislature. to legislature. No payment ture. Suits against certain state tain govern Where Suits Against State Officers, &c., to be Brought. 4. All suits in which it may be necessary and proper to make any of the following public officers a party defendofficials or cer- ant as representing the state, to-wit: the governor, attormental corpora- ney general, treasurer or auditor; or in which it may be tions to be necessary or proper to make any of the following corporations parties defendants, to-wit: the board of public county wherein works or any other public corporation composed of officers brought in cir cuit court of seat of government located. Limitation; within what be brought. of government, of the funds and property of which the state is sole owner, or in which it shall be attempted to enjoin or otherwise suspend or affect any judgment or decree on behalf of the state, obtained in the circuit court of the county in which the seat of government is, or elsewhere, or any execution issued on such judgment or decree, shall be brought and prosecuted in the said circuit court in which the seat of government is. Limitation. 5. No such petition as is mentioned in the first section of this chapter shall be presented or filed, and no such time suit must suit as is mentioned in the next preceeding section shall be brought after five years from the time the claim of the petitioner or plaintiff might have been presented or asserted. If, however, the person having such claim was an infant, married woman, insane or imprisoned at the time the same might have been presented, or asserted, such petition may be presented and such suit may be brought within two years after the removal of such disability. Effect of disability. Inconsistent acts repealed. Acts Repealed. 2. All acts and parts of acts coming within the purview of this act and inconsistent therewith are hereby repealed. [Approved February 27, 1882]. NOTE BY THE CLERK OF THE HOUSE OF DELEGATES]. The foregoing act takes effect at the expiration of ninety days after its passage. CHAPTER XXV. AN ACT to amend and re-enact an act passed March the fourth, one thousand eight hundred and seventy-nine, entitled "An act to establish a county court and a board of commissioners for the county of Pendleton, under the thirty-fourth section of the eighth article of the constitution of West Virginia." [Passed February 14, 1882]. Be it enacted by the Legislature of West Virginia: Acts 1879 1. The act passed March the fourth, one thousand eight hundred and seventy-nine, entitled "An act to establish a amended; county court and a board of commissioners for the county chapter 26. of Pendleton, under the thirty-fourth section of the eighth article of the constitution of West Virginia," is hereby amended and re-enacted so as to read as follows: dleton; how to districts. until ordered Provision for 1. The county of Pendleton shall be laid off into not less than six districts, as nearly equal as may be in territory County of Penand population. The present divisions of the said county be laid off in into districts shall constitute such districts until changed Present districts by the county court hereinafter mentioned. At the gen- to continue eral election in one thousand eight hundred and eighty- changed by two, and every second year thereafter, there shall be court etc. elected in each district by the voters thereof, a commis- election of comsioner, who shall reside in his district, and hold his office missioners. for the term of two years, and until his successor is elected and term of and qualified. The office of commissioner and justice of Office of comthe peace shall be deemed incompatible. Each commis missioner insioner shall receive for his services two dollars and fifty that of justice. cents per day for every day he shall attend the court, to be Compensation, paid out of the county treasury. A vacancy in the office of commissioner shall be filled by the county court herein. after mentioned. Qualifications office. compatible with and how paid. Vacancy; how filled. County court to commissioners. powers. 2. The commissioners elected in the several districts shall constitute a tribunal to be known as "the county court of be constituted of Pendleton county," by which name it may sue and be sued, the several plead and be impleaded, and contract and be contracted its corporate with. Such tribunal shall be in lieu of the county court its jurisdiction established by article eight of the constitution as amended, for the transaction of the business required to be performed by the county court created by the said article, and so far as they are not inconsistent herewith, all the provisions of chapter thirty-nine of the code of West Virginia, concerning the county courts, their jurisdiction and powers, General law as and all provisions of law respecting county courts gen- applicable erally, the commissioners composing such courts, and the thereto. clerks of such courts, shall be applicable to the tribunal its clerk. to county courts Provision as to |