Chap. 85.—An ACT to provide for the assertion of the Rights of this
Commonwealth to Jurisdiction over the Counties of Jefferson and
Berkeley.

Passed March 1, 1866.

Whereas, notwithstanding the passage, during the present
session of the general assembly, of an act repealing all laws
giving consent to the annexation of the counties of Jefferson
and Berkeley to the state of West Virginia, it appears that
said. state is making an effort to obtain the consent of the
eongress of the United States to said annexation: and
whereas, in the judgment of the general assembly, such ac
tion on the part of congress would be wholly nugatory now
that the consent of Virginia has been withdrawn: and
whereas the state of West Virginia is exercising jurisdiction
over said counties: and whereas it may be the congress of
the United States will, after the adjournment of this legisla
ture, give its consent to their annexation to West Virginia,
thereby making it necessary, before the legislature shall again
convene, for this commonwealth to have its rights to juris-
diction over said counties determined by the proper legal
tribunals:

1. Be it therefore enacted, That it shall be the duty of the
attorney general of this commonwealth, under the direction
of the governor, in case the consent of congress should be
given to such annexation, at once to institute such legal pro-
ceedings as may be proper, either at law or in equity, and to
adopt and carry out all other measures as may be necessary
on the part of this commonwealth, to secure, as soon as pos-
sible, a decision, by the appropriate legal tribunals, of any
and all questions arising out of the attempt to annex said
counties of Jefferson and Berkeley, or either of them, to the
state of West Virginia, or of said state to exercise jurisdic-
tion over them. And the governor is hereby authorized and
directed to employ, and associate with the attorney general,
m conducting said proceedings, Reverdy Johnson, and such
other competent counsel as he may deem proper, and to pay
them such just compensation as may be agreed upon, together
with all other necessary expenses attending the same, out of
the appropriation hereinafter made.

2. And be it further enacted, That the governor be and
he is hereby authorized and requested, at the earliest day
practicable after the refusal of congress to give such consent,
or after a decision by the appropriate iegal tribunal, in favor
of this commonwealth, to proceed to have said counties fully
organized in respect to all their functions, both, judicial and
political.

3. And be it further enacted, That to defray the expenses
meurred under the first section of this act, the sum of ten
thousand dollars is hereby appropriated, out of any money in
the treasury not otherwise appropriated, to be paid from time
to time, as required, under the direction of the governor,
upon the warrant of the auditor of public accounts.

4. This act shall be in force from and after the passage
thereof. .
Chap. 85.—An ACT to provide for the assertion of the Rights of this
Commonwealth to Jurisdiction over the Counties of Jefferson and
Berkeley.

Passed March 1, 1866.

Whereas, notwithstanding the passage, during the present
session of the general assembly, of an act repealing all laws
giving consent to the annexation of the counties of Jefferson
and Berkeley to the state of West Virginia, it appears that
said. state is making an effort to obtain the consent of the
eongress of the United States to said annexation: and
whereas, in the judgment of the general assembly, such ac
tion on the part of congress would be wholly nugatory now
that the consent of Virginia has been withdrawn: and
whereas the state of West Virginia is exercising jurisdiction
over said counties: and whereas it may be the congress of
the United States will, after the adjournment of this legisla
ture, give its consent to their annexation to West Virginia,
thereby making it necessary, before the legislature shall again
convene, for this commonwealth to have its rights to juris-
diction over said counties determined by the proper legal
tribunals:

1. Be it therefore enacted, That it shall be the duty of the
attorney general of this commonwealth, under the direction
of the governor, in case the consent of congress should be
given to such annexation, at once to institute such legal pro-
ceedings as may be proper, either at law or in equity, and to
adopt and carry out all other measures as may be necessary
on the part of this commonwealth, to secure, as soon as pos-
sible, a decision, by the appropriate legal tribunals, of any
and all questions arising out of the attempt to annex said
counties of Jefferson and Berkeley, or either of them, to the
state of West Virginia, or of said state to exercise jurisdic-
tion over them. And the governor is hereby authorized and
directed to employ, and associate with the attorney general,
m conducting said proceedings, Reverdy Johnson, and such
other competent counsel as he may deem proper, and to pay
them such just compensation as may be agreed upon, together
with all other necessary expenses attending the same, out of
the appropriation hereinafter made.

2. And be it further enacted, That the governor be and
he is hereby authorized and requested, at the earliest day
practicable after the refusal of congress to give such consent,
or after a decision by the appropriate iegal tribunal, in favor
of this commonwealth, to proceed to have said counties fully
organized in respect to all their functions, both, judicial and
political.

3. And be it further enacted, That to defray the expenses
meurred under the first section of this act, the sum of ten
thousand dollars is hereby appropriated, out of any money in
the treasury not otherwise appropriated, to be paid from time
to time, as required, under the direction of the governor,
upon the warrant of the auditor of public accounts.

4. This act shall be in force from and after the passage
thereof. .