Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1842-04-14

to docket the same, and upon affidavit nj
ed that the papers cannot be produced
either party ma. file copies or prove thel
contents, and the court shall hear and de
termine the cause as if the originals wer'
filed but the court may require new
pleadings TO be made up in whole or il
part; and the plaintiff may prosecute {
new suit in any court having jurisdiction
Of the subject. In suits so commenced
in. questions arising under any acts fo
iim,ts.ion Of sctions, entries or evidence
in the computations Of time, the period be
tween the destruction or loss Of the re-
cord or papers in the former suit, and tn,
commencement OF the second action, shall
not be accounted part thereof, so as to ba
any such action, entry or evidence. il tht
second suit be commenced within twelve
months from aud after the loss or destruc'
lion Of the papers. Gives authority te
any party wishing discovery from az
adverse party, touching the subject before
the said board Of commissioners, to file
written interrogatories to such party anc
gives the commissioners power to require
his answer upon cath; aud il any party
shall make oath that he believes an adj
verse party has in his possession any in.
strument Of writing or other written evi.
dence, containing material evidence fol
him touching the matter in controversy.
and that he has no means Of proving the
contents of such instrument, or Of supply
ing such written evidence, and shall spe.
city with reasonable certainty the instru-
ment or evidence desired, the said board
shall require the adverse party on oath,
to answer whether he has such ins,ruinen,
or evidence in possession, and If he has, to
produce the snme. And the interrogato-
ries and answers and written instrumen,
or evidence, shall be certified by the
board and lodged with the clerk of the
court in which the loss or destruction oil
the papers may have occurred, there to
remain as evidence. Prescribes that il
the adverse party fails to answer, or an.
swers evnsively, or fails TO produce the
papers or evidence required by the orders
Of the commissioners, they shall rrpor,
such default to the court, and such pro.
ceedings shall be there had as would b.
had il either Of said orders had been made
to the court. Authorizes the board to ap-
point clerk to keep journal Of their
proceedings, to be paid for his services by
the county court. Gives the board pow.
er to summon witnesses, and upon their
failure to attend, to report such default ia
the court, to be proceeded against Is for
like default before the court. The pro.
ceedings before the board 10 be COM
menced by petition il writing, and by
summons to the adverse party, to be serv-
ed a reasonable time before the return
day, If the party be within the State, and
if beyond the State, then in the mode pre-
scribed in the case Of absent defendants
in suits in chancery and in case of in.
iants the court is required to appoint q
guardian to represent the infants before
the board.
An act to limit the sessions Of the gen
eral assembly provides that after the ex.
piratlon Of ninety days from the COM
mencement Of any session, the pay ofthe
members shall be reduced to the sum o1
s"o uoiioIs pei u"y'
An act prescribing the period when the
gubernatorial term of Office shall com.
mence /; declares that the term shall CON
mence on the 3lst day of March nexl
succeeding his election.
An act concerning delinquent and for
feited lands; revives and continues in
force until the LIST OF January ls43, the
act concerning delinquent and forfeited
lands lying west Of the Allegany noun
tain, passed 18th March. ls4l.
An act concerning the board of agri
culture; allows the members Of said boare
the sum of three dollars per day each; fol
the time they have been or may be in ac'
tual session, and their travelling expen.
ses, all charges incurred by the cores
ponding secretary, postage paid by the
members in the discharge OF their duties
ana stationery used by the board.
An &C, concerning conveyances or de-
vises Of places of public worship; pro-
vides that where any piece Of land has
been or may be conveyed or devised I,
trustees for the use and benefit Of any re
ligious congregation for place of public
worship, the same and all buildings ant
improvements thereon shall be held BY
such trustees and their successors for the
purposes Of the trust only the act au
thorizes the circuit court of the county
where property devised or situate, on ap
plIcation OF the attorney for the common,
wealth, on behalf The authorities of any re-
lig'ous congregation, to appoint trustees
where there were none, or to substitute
others from time To time in case Of any
ability to execute the trust, and vests the
legal title in such trustees and their sue.
cessors. Gives authority to majority
Of the acting trustees to sue and be sueC
in relation to the title, possession or en-
joyment of such property, without abate.
ment by the death Of any Of the trustee,
or by the substitution of others. Limits
the quantity Of land to be held by said
trustees TO thirty acres in the country
and two acres IN towns, and prohibits the
same from being held for any other use
than as place ofpublic worship, religious
or other instruction, burial ground ano
residence OF their minister.
An act concerning proceedings under
foreign attachments prescribes that all
sales oil lands and tenements hereafter de.
creed TO be made under the provisions oil
the act passed February llth, 1919, di.