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necessary to cause such license to be

their ballots the words, printed or written, “For license;" and those voting against the granting of such

license shall have on their ballots the words, written or Majority vote

printed, “Against license.” If a majority of the votes cast on this question be in favor of license, it shall be

the duty of the council, until the next general election, granted.

to grant consent, as provided by law, to enable any proper person to apply for such license to the proper court of the county ; but if a majority of such votes so

cast be opposed, no license shall be granted. The coun with power to cil is hereby vested with the power of granting such li

Council vested

grant such license.

censes.

Condemnation of real estate for public use.

Proceedings therefor.

42. The council shall have the right to institute proceedings, in the name of the city, for the condemnation of real estate for streets, alleys, drains, market grounds, landings, wharves, city prison, or other work or purpose of public utility. Such proceedings shall conform to the provisions of chapter forty-two of the code of

West Virginia ; and the costs thereof shall be horne by Costs thereof the city, except that in contests involving a hearing in

the circuit court costs shall be recovered by the prevailing party.

(Approved February 2, 1895.)

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES. — The foregoing act takes etlect from its passage, twothirds of the members elected to each house, by a vote taken by yeas and nays, having so directed.]

(House Bill No. 137.)

CHAPTER 62.

AN ACT to amend and re-enact section two of chapter

forty-eight of the acts of one thousand eight hundred and ninety-one.

[Passed February 20, 1895.]

Town of New Cumberland; boundaries of.

Be it enacted by the Legislature of West Virginia:

2. The boundaries of said town shall be as follows: Beginning at the mouth of Deep Gut run, on south side thereof, and at the point of low water mark of the Ohio

river; thence, up said run, north, sixty-three and onehalf degrees east, twenty-six rods, to a large elm tree standing on the south bank of said run; thence, north, ten degrees east, twenty-three rods, to a stone on north side of said run; thence, south,.eighty-five degrees east, crossing said run, eleven rods, to a rock; thence, south, nineteen degrees west, seventy-eight rods, to a dogwood, corner to Smith, Porter and company; thence, by line of Jeremiah Smith, south, twenty-three degrees east, six and five-tenths rods;thence, north, thirteen degrees east, four rods, to a stone; thence, by lands of Smith and Gregory, south, wenty and one-half degrees east, sixtyseven and five-tenths rods, to a stone in John Chapman's line; thence, south, seventy degrees west, seventeen and five-tenths rods, to the east side of a twelve-foot alley; thence, with said alley, south, twenty-one east, fortytwo and seven-tenths rods, to the lands of Fickes; thence, with said Fickes' lines, north, sixty-nine degrees east, two and four-tenths rods; thence, south, thirty-six degrees east, fifteen rods; thence, south, sixty-nine degrees west, six and five-tenths rods, to the east side of said alley; thence, with the same, south, twenty-one degrees east, twenty-two rods, to the line of Smith, Porter and company; thence, north, sixty-nine degrees east, twenty-one and seven-tenths rods; thence, south, twenty-four degrees east, twenty-eight and five-tenths rods; thence, south, sixty-six and one-half degrees west, three rods, to the corner of G. W. Newman; thence, south, thirty-nine and one-half degrees east, nine and two-tenths rods; thence, south, sixty-two and one-half degrees east, seventeen rods, to a pile of rocks; thence, south, twenty-nine degrees east, fifty-four and fourtenths rods, to the whiteoak stumps, original corner to Campbell, Cuppy and Chapman; thence, south, fiftyfour and one-half degrees east, thirty-six rods, to a stone, corner to the New Cumberland cemetery, and with the same, north, sixteen degrees west, ten and fivetenths rods, to the center of the road; thence, north, thirteen degrees east, four rods; thence, north, fortytwo degrees east, twelve rods; thence, north, fifty-six degrees east, twenty-three rods; thence, north, fifty degrees east, seven rods; thence, south, seven and onehalf degrees east, fifty-eight rods; thence, south, sixtysix and one-half degrees west, twenty-three and onetenth, to a line of Mrs. Headley; thence, south, fiftyfive degrees east, thirty-three and three-tenths rods, to a redoak stump; thence, north, sixty-seven degrees east, thirty-four and five-tenths rods; thence, south, eighty-one and three-fourth degrees east, thirty-one and two-tonths rods, to a cross on a rock on the north side of Hardin's run; thence, with a line of E. Stewart, south, twenty-five degrees east, eight and five-tenths rods; thence, forty-two degrees west, fifty and eighttenths rods; thence, south, sixty-tive degrees west, about twenty-two rods, to line of Rev. S. F. Grier; thence, south, thirty-three degrees east, thirty-five rods; thence, 'with line of J. H. Atkinson, James M. Porter and John Porter, south, forty-three and one-half degrees east, seventy-nine rods, to a stone; thence, south, eighty-nine degrees east, twenty and five-tenths rods; thence, south, two degrees east, forty rods; thence, south fifty-nine degrees east, seventy-two rods, to a whiteoak; thence, south, nine degrees east, forty-nine rods, to a hickory to Roseberry; thence, with Roseberry lands, south, forty-eight degrees west, sixty-one rods; thence, south, fifty-five degrees west, forty-one rods; thence, south, fourteen degrees east, sixty rods, to corner of Mrs. Ballentyne; thence, with her line, north, fifty degrees west, fifteen rods; thence, north, eightyeight degrees west, about twenty-five rods, to low water mark at the Ohio river; thence, west about seventy rods, to the west line of West Virginia; thence, up the Ohio river with the said line of West Virginia, about eight hundred rods; thence, east across said river, about seventy rods, to the beginning thereof.

WILLIAM SEYMOUR EDWARDS, Speaker of the House of Delegates.

WM. G. WORLEY,

President of the Senate.

STATE OF WEST VIRGINIA,
OFFICE OF SECRETARY OF STATE,

February 28, 1895. I certify that the foregoing act, having been presented to the governor for his approval, and not having been returned by him to the house of the legislature in which it originated within the time prescribed by the constitution of this state, has become a law without his approval.

W. E. CHILTON,

Secretary of State.

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES. The foregoing act takes effect at the expiration of ninety days after its passage.

(Senate Bill No. 92.)

CHAPTER 63.

AN ACT to amend and re-enact an act of the legislature

of West Virginia, entitled “An Act to incorporate the city of Benwood, in the county of Marshall,” passed February twenty-five, one thousand eight hundred and eighty-two, (being chapter *forty-four of the acts of said legislature in the year one thousand eight hundred and eighty-two,) as amended by chapter eight of the acts of said legislature of one thousand eight hundred and eighty-five, and as further amended by chapter twelye of the acts of said legislature of one thousand eight hundred and eighty-nine.

[Passed February 22, 1895.]

Be it enacted by the Legislature of West Virginia:

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That an act of the legislature of West Virgir ?, en- Acts amended. titled “An Act to incorporate the city of Benwood, in the county of Marshall," passed February twenty-five, one thousand eight hundred and eighty-two, (being chapter *forty-four of the acts of said legislature in the year one thousand eight hundred and eighty-two,) as amended by chapter eight of the acts of said legislature of one thousand eight hundred and eighty-five, and as further amended by chapter twelve of the acts of said legislature of one thousand eight hundred and eighty-nine, be and the same is hereby amended and re-enacted so as to read as follows:

powers.

1. The inhabitants of that part of the county of the city of Marshall, in the state of West Virginia, within the ter- Benwood in

corporated. ritory in the next section described, shall be and are hereby created a city corporate and body politic, by the name of “The City of Benwood,” and as such "shall Corporate have perpetual succession and a common seal, and as such may sue and be sued, plead and be impleaded, contract and be contracted with, and purchase, lease, own and hold real and personal property necessary for the purpose of said corporation.

Chapter 45 of acts of 1882.

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Corporate limits.

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2. The corporate limits of said city shall embrace all the territory within the following boundaries, to wit: Beginning at a stake on the Ohio river bank at the termination of Hildreth's lower line; thence west to the West Virginia state line; thence, with the said state line up the river, to the corner of Marshall county; thence, with the Marshall county line, south, eighty-five degrees east, to a stake on the hillside; thence, south, twenty-eight degrees west, one hundred and forty poles, to the abutment of turnpike bridge; thence, south, twenty-one degrees west, twenty-two poles, to a stake; thence, south, one and one-half degrees east, forty poles, to a stake on top of hill; thence, south, thirty-seven degrees west, thirty poles, to a stake; thence, south, twenty-seven and one-half degrees west, forty-three

poles, to a stake; thence, south, fourteen degrees west, seventeen poles, to a stake; thence, south, ten degrees east, thirty-four and one-half poles, to a whiteoak; thence, south, three and one-half degrees west, thirtyfive poles to a stake; thence, south, eight degrees east,

a twelve poles, to a stake; thence, south, three degrees west, fifty-five and one-half poles, to a stake; thence, south, two degrees east, seventy-three poles, to a redoak; thence, south, eleven and one-half degrees east, twentyfour poles, to a stake; thence, south, two and one-half degrees west, twenty-five and one-half poles; thence, south, twenty-four degrees east, thirty-four and onefourth poles, to a stake; thence, south, eleven degrees east, thirty-eight poles, to a stake; thence, south, thirtyand one-half degrees east, fifty-one and one-half poles; thence, north, eighty-five degrees west, one hundred and eighty poles, to the beginning; the bearings or courses hereinbefore given being the same given in the said chapter eight of the acts of one thousand eight hundred

and eighty-five; and said corporate limits of said city ritory: boun shall embrace, in addition to the territory hereinbefore daries of.

described, the adjacent territory bounded as follows: Beginning at the point of intersection of the last mentioned line, extended eastwardly with its same bearing, with the centre of the first ravine east of the top of the ridge nearest the Ohio river, and from thence, running north, eighty-three degrees and fifty minutes west, with the said last mentioned line, to the said stake on the Ohio river bank at the termination of Hildreth's lower line; thence, running with a line of the first piece of territory aforesaid, to the West Virginia and Ohio state line; thence, running with the said state line down the river, to the point of intersection of such state line with a line drawn from the centre of the mouth of McMechen's run, on the West Virginia side of the river, to the centre of the

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