Acts of the Legislature of West Virginia
CHAP. 90. An ACT admitting the county of Jefferson into, and making the same, part of this state.
Passed November 2, 1863
WHEREAS, by an act of the general assembly of the state of Virginia, entitled "An Act giving consent to the admission of certain counties into the new state of West Virginia, upon certain conditions," passed February fourth, eighteen hundred and sixty-three, it was, among other things, enacted that at the general election on the fourth Thursday of May, one thousand eight hundred and sixty-three, it should be lawful for the voters of the district composed of the counties of Frederick and Jefferson, or either of them, to declare by their votes whether the counties of the said district should be annexed to and become part of the state of West Virginia, and the consent of the said general assembly was thereby given for the annexation to this state of such district, if a majority of the votes polled therein should so determine; provided, that this legislature should also consent and agree to the said annexation; after which all jurisdiction of the state of Virginia over the district so annexed should cease;
And whereas, it was further provided by the said act, that it should be the duty of the governor of the state of Virginia to ascertain and certify the result of the said vote as other elections are certified, and Francis H. Peirpoint, governor of the state of Virginia, did, on the fourteenth day of September, in the present year, after reciting that polls were opened in the said county of Jefferson, on Thursday, the twenty-eighth day of May, eighteen hundred and sixty-three, on the question of annexation to the said new state, certify, under his hand and the less seal of the state of Virginia, that from the returns made to the executive department thereof, a very large majority of the votes cast at the said election were in favor of the said annexation of the said county of Jefferson to the state of West Virginia; therefore,
Be it enacted by the Legislature of West Virginia:
1. The county of Jefferson, lately constituting part of the commonwealth of Virginia, is hereby admitted into and made part of this state; and shall constitute part of the second congressional district, of the tenth senatorial district, and of the tenth judicial circuit; and shall at the election herein provided for, and at every annual state election thereafter, choose two members of the house of delegates.
2. It shall be the duty of the governor, so soon as he shall have reason to believe that an election can be properly held in the said county, to issue his proclamation directing an election to be held on such day as he shall appoint, at the several places for holding elections therein, for the election of two delegates, an assessor, clerk of the circuit court, sheriff, prosecuting attorney, surveyor of lands, and recorder, and appointing three voters of the said county, any two of whom may act, and any one or more of whom may fill vacancies in their own body, who shall serve as superintendents of the said election.
3. The said superintendents shall, for every place of voting in the said county, appoint three commissioners, any two of whom may act, and a conductor, to superintend and conduct the election at the place for which they are appointed. They shall furnish the commissioners for each place of voting with the proper ballot-boxes, poll books and forms. But if at the time the polls should be opened at any place of voting there shall be present but one commissioner willing to act, he shall associate with himself as a commissioner some freeholder of the county then present; and if there be no commissioner present willing to act, any two freeholders of the county present, and willing to act, shall be commissioners.
4. In all other respects the said election shall be conducted, and the result ascertained, certified and returned, according to the directions contained in clauses V, VI, VII, VIII, IX, X, XI, XII, XIII, XVII, XIX, XX, and XXI of an ordinance of the constitutional convention, entitled "An ordinance to provide for the organization of the state of West Virginia," passed February nineteenth, eighteen hundred and sixty-three. The secretary of the state shall prepare and forward in time to the superintendents to be appointed as aforesaid, poll books and the proper forms of oaths and returns, and three printed copies of the constitution as amended, for every place of voting in the said county; and the said superintendents shall make proper distribution of the same.
5. The terms of office of the persons elected at the election herein directed to be held, shall commence as soon thereafter as they are qualified as required by law; but if for more than one year, shall continue and be computed as if the same had begun on the first day of January last, and if for one year only, as if the same had begun on the first day of January next.
6. All officers acting within the said county by the authority of the laws of Virginia, and under the reorganized government thereof, at the time of the passage of this act, shall continue to exercise the powers and perform the duties of their respective offices, in the name and under the authority of the state of West Virginia, until the officers elected or appointed under this or any other act of this legislature for the discharge of similar duties, are qualified.
7. The terms of the circuit court for the said county shall commence on the twenty-seventh day of April, June, October and December in every year.
8. The governor shall also appoint one person for each magisterial district of the said county commissioners to divide the same into townships, under the provisions of an act entitled "an act to provide for the division into townships of the several counties of the state," passed July thrity- first, eighteen hundred and sixty-three.