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in writing of

tain cases what

charged to

.

both sides of any street or alley, between any two cross- upon petition streets, or between a cross-street and alley, the council owner in cerof any such city, town or village, by a lawful majority to be done. thereof, may order such part of any street or alley to be paved between the side-walks with cobble-stone, brick, Belgian blocks, asphaltum or other suitable material, from one of such cross-streets to the other, under such regulations as may be fixed by ordinance duly passed by council ; two-thirds of the cost of such paving shall be Two-thirds of assessed to the owners of the lots or fractional parts of certain paving lots abutting on that part of the street or alley so paved owner. in proportion to the distance such lot or part of a lot abuts on such street or alley, and the remaining onethird of the cost of such paving shall be paid by the city, town or village. In making such assessments the basis shall be the cost of paving that part of the street Cystow he paid or alley on which the property lies, included between the adjoining cross-streets or alleys ; and the amounts assessed against the owners of each lot or fractional part of a lot, shall be in the proportion which the front-paving pro.orage of such lot or part of a lot bears to the whole cost owners of ad of paving said street or alley between said cross-streets jacent lots. or alleys as aforesaid.

One-third of

by

How costs of

on real

assessments,

36. There shall be a lien on all real estate within such city, town or village for the city, town or village estate for taxes assessed thereon, from the day fixed by law for the taxes, etc. commencement of the assessment of such taxes in each year, and the interest upon such taxes, at the rate of six per centum per annum from the first day of January next after such assessment until payment, which may be enforced by the council in the same man- Howlien enner now provided by law for the enforcement of the lien forced. for State or county taxes, or in such other manner as the council may by ordinance prescribe. There shall also Lien on real be a lien on all real estate within such city, town or vil-istate for other lage for other assessments, fines and penalties assessed tines, etc. or imposed upon the owners thereof by the authorities of such city, town or village from the time the same are so assessed or imposed, which shall have priority over shall have priall other liens except the lien for taxes, and may be en

ority, etc. forced by the council by suit in equity, in the corporate name of the town, in the same manner now prescribed by law for the enforcement of the lien for State or county taxes, or in such other manner as the council may by ordinance prescribe. If any real estate within such city, town or village be returned delinquent for the non-payment of the taxes thereon, a copy of such de

Delinquent list linquent list may be certified by the council to the audi- to be certified

by council to tor, and the same may be sold for the taxes, interest and

auditor,

How delinquent real estate sold.

commissions thereon, in the same manner, at the same time and by the same officer as real estate is sold for the non-payment of State taxes.

(Approved February 22, 1895.)

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

(House Bill No. 209.)

CHAPTER 15.

AN ACT to provide for supplying lost records, and au

thorizing the county courts of the several counties in this State, to procure copies thereof, when the same is on file in the auditor's office, detining the duties of the said auditor, and making the same testimony when properly recorded and authenticated.

[Passed February 19, 1895.]

Be it enacted by the Legislature of West Virginia:

Lost records;

1. That where any records have been or shall be lost how supplied. or destroyed by fire or otherwise, and the same shall have

been recorded in the clerk's office of any court of any county in this State, or where any record is required to be recorded in the auditor's office, or from some other county or the clerk's offices therein in this State, the county court of the county wherein such records are so lost or destroyed, may cause duly certified copies of the sạme to be procured from the auditor's office or such clerk's office of any county; and it shall be the duty of

the auditor or the clerk of any court of this State, to Ceris to per- permit such copies to be made, and when correctly copmit copies to be ied and certified to be true copies of such record the

same shall be recorded in the proper clerk's office of

such county in well-bound books provided for that purTheir force and pose and shall have the same force and effect as evidence

for all purposes as the original records have, or would have had, and copies may be taken and certified by the clerk in whose office such copied records may be, and

Auditor

made. Where to be recorded.

effect

Fees: how pro

Ch. 16] R. R. COMPANIES BUYING AND SELLING COAL OR COKE. 31 such copies, when so made and certified by said clerk, How received shall be received as prima fucie evidence for all purposes, and with like effect as copies from original records. And the county court of any county desiring to procure copies of any such writing or record, shall make vided for. provisions for the payment of such fees therefor as may be allowed by law or agreed upon.

(Approved February 21, 1895.) [NOTE BY THE CLERK OF THE HOUSE OF DELEGATES. The foregoing act takes effect at the expiration of ninety days after its passage.]

(House Bill No. 272.)

CHAPTER 16.

AN ACT to prevent railroad companies from buying and

selling coal or coke, and to prevent discriminations.

[Passed February 15, 1895.]

Unlawful for any railroad

engage in

Exception as

Be it enacted by the Legislature of West Virginia:

1. It shall be unlawful for any railroad corporation to engage, directly or indirectly, in the business of buying and selling coal or coke, or to promise, pledge corporatio buto or lend its credit, money or other property or thing of siness of buyvalue to another, either natural or corporate, engaged coal·or coke,

ing and selling in such business, but nothing herein shall prevent such etc. corporation from purchasing such articles for its own to purchase for consumption, or when it is the owner of any such com-sumption, and modities from selling and shipping the same; Provided, as to selling in doing so, such corporation shall not discriminate in owner. rates, distribution of cars or otherwise against other tion in rates shippers of like commodities on its lines; and, provided prohibited. further, that when such company has the right to sell Companies either of such commodities, and is unable from any right to sell cause to fill any bona fide contracts it may have made coal or coke,

may purchase to supply such commodities, or either of them, it may such of others purchase them to enable it to fill such contracts. 2. Every railroad corporation along whose line of Scoaland

Transportation railroad the industries of mining coal or manufacturing coke to be made coke is carried on, shall without discrimination between crimination or amongst shippers, and without unnecessary delay, essury delay.

having the

to fill contracts
in certain
cases.

of

and unnec

ited.

make a reasonable provision for the transportation of all

such coal and coke offered for transportation over its Discrimina- railroad, and no such railroad corporation shall discrimtion in rates., inate in rates, distribution of cars or otherwise against distribution of cars, or other, or among shippers of coal or coke offered for shipment wise probibon its line

or

lines. Courts having 3. The circuit and criminal courts of every county under this act. through or into which the railroad of any such railroad

corporation violating any or either of the provisions of this act may pass, shall have concurrent jurisdiction of all the oflenses under and violations of the provisions of this act.

4. Any railroad corporation or officer or agent Penalty.

thereof who shall knowingly and wilfully violate any of the provisions of this act, shall for each and every such offense, be deemed guilty of a misdemeanor, and

upon indictment and conviction thereof, shall be fined not less than fifty nor more than tive hundred dollars.

(Approved February 22, 1895.)

[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. 107.)

CHAPTER 17.

AN ACT requiring railroads in this State to use for

traffic within this State the classification of freight used by them for interstate traffic, and prescribing the tariff of charges in connection therewith, and to prevent discrimination.

[Passed February 16, 1895.]

Every corporation, etc., op; erating a rail

Be it enacted by the Legislature of West Virginia :

1. That every corporation, company, public carrier rond exceeding or individual now owning or operating, or which may state, to make hereafter own or operate, any railroad in this State ex

santral class- ceeding thirty miles in length, shall within thirty days goods, etc., for from the passage of this act, make a general classifica

tion of goods, merchandise and all other kinds of prop

30

a general ification of

purpose of transportation,

agents.

tion

of charges;

upon what

.

erty for the purpose of transportation within this State, which shall conform from time to time to the classification of the same in general use on such railroad for in- Classification terstate transportation subject to the act of Congress to be subject to entitled "An act to regulate commerce," approved Feb- merce Act." ruary 4th, 1887, and all amendments thereof and supplements thereto, and shall keep in the custody of the agent To be kept in at each station on the line of said railroad in this State agents to be

open to inspeca printed copy of such classification which shall be open tion. to the inspection of any person shipping or receiving property at such station ; provided, howerer, that exceptions to such general classification may be made from Proviso as to time to time for the purpose of placing in a lower class lower rates. any commodity transported within this State, but a printed sheet or notice of such exceptions shall be furnished to each station agent and attached to the copy of Printed sheets the general classification in his custody as aforesaid.

2. Every such corporation, company, public carrier Such corporaor individual shall also within thirty days after the pass- make a tariff age of this act make a tariff of charges within this State, based upon the classification provided for in the based; what to first section of this act, which tariff shall show such charges for distances over ten miles, and by sections of ten miles each, from ten to three hundred miles ; Provided, that the average rate of charge for all classes of freight under such classification and tariff, as fixed for the whole number of sections up to three hundred miles, Average masishall not exceed five cents per ton per mile, except that not to exceed upon gypsum, lime, guano, and other fertilizers, salt, ton per mile, flour in barrels, and upon coal, pig-iron, limestone, iron except upon ore and undressed stone, logs or lumber, such average cles. rate of freight shall not exceed three cents per ton per proviso as to mile ; and, Provided forther, that no charge for the charges from transportation of freight of the same class shall be less to another and from one terminus of any railroad to the other, than stations, etc. from any intermediate station to either terminus thereof, nor greater for the transportation of freight of the same class from any intermediate station to either terminus of road or from either terminus to an intermediate station, or from one intermediate station to another, than from any intermediate station to either terminus, or from either terminus to any intermediate station, or from one intermediate station to another, where the distance is less.

If for any one consignment the charge as above lim- May charge ited would be less than twenty-five cents that sum may cents as a min

twenty-five nevertheless be charged as a minimum, and if the charge imium other for any car-load for any distance should be less than five charges. dollars, that sum may nevertheless be charged as a min

five cents per

certain

intermediate

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