Code amended. Certain convey or hereafter made, legalized. CHAPTER XXXIII, AN ACT amending and re-enacting sections one, six and seven of chapter fifty-seven of the code of West Virginia, as amended and re-enacted by chapter eighty-six of the acts of one thousand eight hundred and seventytwo and seventy-three. [Passed February 14, 1882]. Be it enacted by the Legislature of West Virginia: 1. That sections one, six and seven of chapter fifty-seven of the code of West Virginia be and the same are hereby amended and re-enacted so as to read as follows: Property Acquired by a Church Since the Revolution. 1. Every conveyance, devise or dedication, which has ances heretofore been made since the the first day of January, one thousand seven hundred and seventy-seven, and every conveyance which shall hereafter be made of land for the use or benefit of any church, religious sect, society, congregation or denomination as a place of worship, or as a burial place, or as a residence for a minister, shall be valid and shall be construed to give the local society or congregation of such church to whom it was so conveyed, devised or dedicated, the control thereof, and the land shall be held for such purpose and no other. Trustees a corpower to sue and poration with be sued. to common seal. Certain Trustees a Corporation, &c. 6. The said trustees, whether named in the conveyance, devise or dedication, or appointed by the court as aforesaid, for any of the uses or purposes mentioned in the third section of this chapter, shall be a corporation by the name and style of "The board of trustees of college" (or high school, academy, &c., as the case may be), by which name they may sue and be sued, plead and be impleaded, contract and be contracted with, take and hold real and personal estate for the use of such college (or high school, academy, &c., as the case may be), and have When private and use a common seal. But in the absence of such seal, seal equivalent the private seal of the president of said board shall be equivalent to such common seal. Said trustees may also in their corporate name do and perform any and all other acts and business pertaining to the trust created by any such conveyance, devise or dedication. Any conveyance, devise or dedication heretofore made to the board of trusof trustees valid tees of any church, college, academy, high school or other seminary of learning, or of any of the societies or orders mentioned in the third section of this chapter, shall vest the title to such property in the said trustees individually Conveyance, devise or dedication to board and collectively, and shall be as valid and binding in all respects as if such property had been conveyed to them by their proper names. How Much Real Estate Trustees May Hold; Suits by and Against Trustees of Churches, &c. trustees may 7. Such trustees may take and hold for the purpose How much land mentioned in the first section of this chapter, not exceeding two acres of land in an incorporated city, town or village, hold. and not exceeding sixty acres out of such city, town or village. For any of the purposes mentioned in the third section of this chapter, except for a college, academy, high school or other seminary of learning, such trustees may take and hold not exceeding two acres of land, and such land shall not be held for any other use than as a place of meeting for such society or association and for the education and maintenance of children charitably provided for by them. For the use of a college, academy, high school Colleges and or any other seminary of learning, such trustees may take other instituand hold real estate without limit. The trustees of any not limited as to church, religious sect, society, congregation or denomina- real estate. tion, holding for the use thoroof such property as is men when and for tioned in the first and second sections of this chapter may what church in their own names sue for and recover any land or other sue in their own property so held by them, as well as for damages done by name. any person to any such property, and may be sued in relation thereto; such suit, notwithstanding the death of any of the said trustees or the appointment of others, shall proceed in the names of the trustees by or against whom it was instituted. [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. tions of learning trustees may CHAPTER XXXIV. AN ACT amending and re-enacting chapter eighteen of the code of West Virginia, concerning the adjutant general, as amended and re-enacted by chapter thirty-seven of the acts of one thousand eight hundred and seventy seven. [Passed February 18, 1882]. Be it enacted by the Legislature of West Virginia: of, as amended 1. That chapter eighteen of the code of West Virginia Code; chapter 18 be, and the same is hereby amended and re-enacted so as Acts 1875, chap. to read as follows: ter 87, amended. Adjutant gen. eral; rank of; CHAPTER XVIII. OF THE APPOINTMENT AND DUTIES OF THE ADJUTANT GENERAL-TO BE EX-OFFICIO QUARTER MASTER GENERAL, STATE LIBRARIAN AND Appointment and Term of Office of Adjutant General. 1. There shall be an adjutant general, with the rank of how appointed. Colonel, to be appointed by the governor, whose term of Term of office. office shall commence and end with that of the governor. But be shall, unless sooner removed, hold his office until his successor is appointed and qualified. His brevet rank. Shall be quarter Brevet Rank Of. 2. The adjutant goneral shall have the brevet rank of brigadier general. To be ex-officio Quartermaster General. 3. The adjutant general shall be ex officio quartermaster mas'er ex-officio; general, and as such shall do and perform all the duties appertaining to that office. duties as such. Office; where Where to Keep his Office, &c.; His Removal from Office. 4. He shall keep his office at the seat of government; kept and when but when the public service requires it, the governor may direct him to remove with his office to any other place within the state. may be changed. Execute orders keep record 5. He shall execute the orders of the governor, when of governor, and not contrary to law, and keep a record thereof. He shall also report to the governor, within one week after the When to report end of every year, and at all other times when specially required to do so. thereof. to governor. His accounts for expenditures; 6. All accounts for expenditures necessary to the diswhen and how charge of his duties, shall be paid, if there be any appropriation for the purpose, upon his requisition, approved by the governor. paid. May be removed by governor. Vacancy; how filled for unexpired term, Special duties, by adjutant 7. The governor shall have power to remove the adjutant general whenever in his opinion the public interest will in any way be promoted by such removal. Vacancies in the office of adjutant general, arising from whatever cause, shall be filled for the unexpired term. Special Duties. 8. The adjutant general shall discharge the dutics reto be discharged quired of him by the laws of the United States, that is general, defined to say: He shall distribute all orders from the commander-in-chief of the state to the several corps; attend all public reviews when the commander-in-chief of the state and enumer ated. shall review the militia, or any part thereof; obey all or. ders from bim relative to carrying into execution and perfecting the system of military discipline established by the laws of the United States for the militia of the several states; furnish the blank forms of the different returns that may be required, and explain the principles on which they should be made; receive from the several officers of the different corps thoughout the state returns of the militia under their command, reporting the actual situation of their arms, accoutrements and ammunition, their delinquencies, and overy other thing which relates to the general advancement of good order and discipline; make proper abstracts of the said returns and lay the same annually before the commander-in-chief of the state; and make return of the militia of the state, their arms, accoutrements and ammunition, to the president of the United States, on or before the first Monday in January in each year, according to the directions which may be given from time to time by the secretary of war. The adjutant general shall also prepare general regulations pre- Authorized to scribing what returns of the militia and volunteers shall general regulabe made, and how the same shall be made, and regulating to d the powers and duties of the several officers and depart- volunteers, ments thereof; which regulations, if approved by the Regulations to governor and not contrary to law, shall be respected and be approved by obeyed. He shall examine all pay rolls and claims for Shall examine pay for military service, and certify the amount, if any, 10. due thereon by the state. As Quartermaster General. prepare certain tions relating to governor. and certify pay general. are insufficient. 9. The adjutant goneral, as quartermaster general, sub- special duties as ject to the instructions of the governor, shall have charge quartermaster of the ordnance, arms, accoutrements, ammunition, camp To have charge equipage, military apparatus, subsistence and stores be- of arms, etc. longing to the state; attend to the inspection, proving, safe-keeping, repair and preparation of the same for service; and direct where and in what manner they shall bo kept or stored and the transportation and distribution thereof as may be necessary. Whenever the supply of what to do any article necessary for military defence is insufficient, when supplies be sball make a report thereof to the governor and attend to procuring the same in such manner as may be authorized by law and ordered by the governor. Whenever any property of the state placed as aforesaid in his charge, which has been issued and not consumed, lost or destroyed, is no longer required for service, it shall be his duty to cause the same to be collected together, inspected and put in proper order and stored in some safe and proper place, to be designated by the governor. He shall have charge, erty. subject to the instructions of the governor, of all captured Power to sell property. With the advice and under the direction of the unserviceable governor, he may sell or exchange, from time to time, exercised. What to be for service. Captured prop articles; how paid into treasury. Improvement or alteration of arms, etc. Proper accounts to be kept. such articles belonging to his department as may be found unserviceable or in a state of decay, or which he shal think it for the interest of the state to sell or exchange; but all arms condemned as unsafe, before they are offered for sale, shall be unbreeched or broken so as to prevent Proceeds of sale their use as fire-arins. The proceeds of such sales shall be paid into the treasury. With the like advice and direction he may cause any of the arms or military apparatus belonging to the state to be altered or improved. He shall cause proper accounts to be kept in his office of all property under his charge, showing what portion thereof is on hand and how the residue has been disposed of. He shall, with the approval of the governor, prescribe proper forms and regulations respecting the matters pertaining to his department and require proper returns thereof to be made to his office; and it shall be his duty to consolidate such returns and make report thereof to the governor. He shall also, as soon as he is commissioned as adjutant general, make requisition upon the ordnance department of the war department of the United States for the immediate delivery to his order of the quota of ordnance, small arms and military equipments now due to the state of West Virginia under the acts of Congress providing for the distribution of arms to the several states of the Union, under the conditions, limitations and proportions provided and contained in such acts of Congress. When to make requisitions on United States war department for state's quota. State librarian; al shall be ex. To be ex-officio State Librarian. 10. The adjutant general shall be ex-officio state libraadjutant gener- rian, and as such he shall have charge of the library at the officio; duties as seat of government, belonging to the state, and be governed by the following rules in relation thereto : such. library; certain Rules governing First. The said library shall at all seasonable times be officials to have open to the use of the judges of the supreme court of apaccess thereto peals, circuit courts, state officers and members of the legislature; and no other person than those herein specified shall be permitted to remove any book or paper therein from the place where said library is kept. and use thereof. Receipt for books taken out. Second. No book or paper shall be taken from said library until the person authorized to take the same shall sign a receipt therefor in a book to be kept for that purpose, What to spec- particularly specifying each book or paper received by him and the time it is to be returned. ify. What to note when book returned. How others may use library. Power of state librarian to appoint assistant. Third. When any such book or paper is returned, the same shall be noted in the margin of the said receipt. Fourth. Other persons than those prescribed above may be permitted to use the said library at the place where it is kept. 11. The state librarian shall have power to appoint an assistant librarian whenever he is absent from the seat of government on official duty. |