levied on. held blame ages which he may recover in consequence of such seizure or sale; and also to warrant and defend to any purchaser of the property, such estate or interest therein as is sold, the said officer shall take possession of -possession the property levied on by virtue of such an attach- of property ment. If such bond be given, no action shall be maintained against the officer levying such attachment -if bond upon property or effects not belonging to the debtor given, officers unless it shall appear that such levy was wilfully and less, unless, knowingly made. If the plaintiff has sued out order of attachment without giving such bond, afterwards gives the same as aforesaid, it shall be duty of such clerk, whether the attachment has levied or not, to certify the fact that such bond has afterwards given, duties been given to the officer who levied the same, or of clerk in in whose hands it was to be levied, or if he be absent such cases. or out of office, to issue a new order of attachment an etc. and -it attachthe out without been giving bond, ment sued and bond and to place the same in the hands of some other -duty of proper officer; and it shall be the duty of any such of- oficer. ficer to take the attached property into his possession and make return of such order in like manner as if said bond had been given before the issuing of the original attachment. The defendant may except to the said bond, defendant or the sufficiency of the security therein, anl if the excep- may except tions be sustained by the court, the attached property if sustained, shall be returned to the defendant, unless the plaintiff what done. give a proper bond, with sufficient security, to be approved by the court within such time as the said court shall direct. to bond, etc.; unless, etc. (House Bill No. 271.) CHAPTER 75. AN ACT to amend and re-enact section 4 of chapter 139 of the Code of West Virginia relating to docketing judgments and other liens of a like nature. [Passed February 22, 1901. In effect 90 days from passage. Approved February 23, 1901.] Be it enacted by the Legislature of West Virginia: Code That section four of chapter one hundred and thirtynine of the code of West Virginia be and the same is amended. hereby amended and re-enacted so as to read as follows: 4. The clerk of every circuit and municipal court Judgments; duties of clerks of circuit and municipal courts, and and giving be stated. shall, without delay, make out and deliver a duly certified abstract of every judgment rendered by such court, and every justice of the peace shall, without delay, make of justices out and deliver a duly certified abstract of every judgment in certifying rendered by him, or by any other justice, the docket abstracts of. of of which is in his possession and under his control, to any person interested therein who may demand the same, and pay or tender the fee therefor, in what must which abstract shall be stated the names in full of the plaintiff or plaintiffs, and the defendant or defendants, as they appear in the papers and proceedings in the cause, and if the defendants are sued as partners, the partnership name shall be stated; the amount of the judgment and the amount of the costs, stating each separately; the value of specific property (if any) recovered by it, and the damages (if any) for its detention; the date of the judgment and the court in which, or -penalty for the justice by whom, the judgment was rendered. Any clerk or justice who shall fail to deliver such abstract as herein required, shall be guilty of a misdemeanor and fined fifty dollars. And the clerk of every county court shall keep in his office in a well bound book a judgment docket, in which he shall docket without delay any judgment rendered by any justice of the peace or court of this state or by any circuit or district court of the United States within this State, upon the delivery to him of such authenticated abstract thereof for that purpose, and the payment or tender what to be of his fee therefor. In such docket there shall be stated, such docket, in separate columns: failure. -clerk of county court to keep a judgment docket what docketed therein. stated in and how. I. The names in full of the plaintiff or plaintiffs, and the defendant or defendants, as they are stated in such abstract, and if it appears by such abstract that the defendants were sued as partners, their partnership name shall also be stated. II. The amount of the judgment and of the costs, stating each separately. III. The value of any specific property recovered by the judgment, and the damages (if any) for its deten tion. IV. The date of the judgment. V. The court in which or the justice by whom it was rendered. VI. The date of docketing the judgment. Every judgment docketed by the clerk of the county court as aforesaid, shall at the same time be indexed judgments by him in an index to be kept in or annexed to said indexing of judgment docket, in full, the name of the defendant, docketed, and if more than one defendant, in the full name of how. each, as they appear in the said abstract. If the defendants are sued as partners, it shall also be indexed in the partnership name appearing by such abstract. Any clerk of a county court failing to perform any duty required of him by this section shall be guilty clerk, what of a misdemeanor, and be fined fifty dollars; and he and penalties imhis securities in his official bond shall moreover be liable to any person injured by such failure for all such damages as he may sustain by reason thereof. -failure of posed. AN ACT to amend and re-enact section seven, of chap-. ter forty-six of the Code of West Virginia, relating to the Poor. [Passed February 18, 1901. In effect 90 days from passage. Approved February 20, 1901.] Be it enacted by the Legislature of West Virginia: That section seven, of chapter forty-six of the code of code West Virginia be amended and re-enacted so as to read amended. as follows: where and how -required to labor, when. 7. Any person to be provided for or assisted, as The poor; aforesaid, may either be kept at the place of general cared reception, or be supported or assisted elsewhere, but for. in a county where there is a county infirmary he shall not be kept at the expense of the county at any place other than such infirmary, except in case of emergency-exception. or necessity, and then only as long as the emergency or necessity may require. All poor persons kept at the place of general reception who are able to work shall be required to perform such reasonable and moderate labor as may be suited to their sex, age, and bodily strength; and the proceeds of such work shall-proceeds of be appropriated to the support of the poor of the coun- such labor. ty in such manner as the court may from time to time direct; and in those cases where poor persons are supported in whole or in part by the county outside of duty of the poor houses, by allowing annually a certain sum poor as to for the support of each person. It shall be the duty certain cases. of the overseer of the poor, in case of the sickness of Overseer of sickness in medical aid, -amount for any such poor person, to visit him or cause him to be limited. visited by some reliable person, and if it is found that such sick person is suffering for aid or medical attention, such overseer shall furnish the necessary aid or medical attention to such poor person, notwithstanding the sum allowed for the support of such person may have been previously exhausted: provided, the additional aid or medical attention so furnished shall not exceed fifty per cent. of the amount already allowed as aforesaid. Code amended. Free vaccina. tion, for whom. (House Bill No. 122.) CHAPTER 77. AN ACT to amend and re-enact section nine of chapter forty-six of the Code. [Passed February 18, 1901. In effect 90 days from passage. Approved February 20, 1901.] Be it enacted by the Legislature of West Virginia: That section nine of chapter forty-six of the code be amended and re-enacted so as to read as follows: 9. The overseer of any district may furnish antitoxine to, or cause to be vaccinated with proper vaccine matter, any person in such district who is unable to pay for the same. Code amended. (House Bill No. 303.) CHAPTER 78. AN ACT to amend and re-enact section seventeen of chapter one hundred and thirty-five of the Code of West Virginia. [Passed February 22, 1901. In effect 90 days from passage. Approved February 23, 1901.] Be it enacted by the Legislature of West Virginia: That section seventeen of chapter one hundred and thirty-five of the code be and the same is hereby amended and re-enacted so as to read as follows: within what 17. No process shall issue upon any appeal, writ Appeals; of error or supersedeas allowed to or from a final time record judgment, decree or order, if when the record is deliv- must be filed. ered to the clerk of the appellate court there shall have elapsed two years since the date of such final judgment, decree or order, but the appeal, writ of dismissal error or supersedeas shall be dismissed whenever it of appeal, appears that two years have elapsed since the said date before the record is delivered to such clerk, or before such bond is given, as is required to be given before the appeal, writ of error or supersedeas takes effect. etc., when.. (House Bill No. 253.) CHAPTER 79. AN ACT to amend and re-enact section one hundred and seventy, chapter fifty of the Code of West Virginia. [Passed February 18, 1901. In effect 90 days from passage. Approved February 20, 1901.] Be it enacted by the Legislature of West Virginia: Code That section one hundred and seventy of chapter fifty of the code of West Virginia be amended and re-enacted amended. so as to read as follows: cuit court 170. If the court, in any case, be of opinion that Appeals from the bond filed is insufficient, or the security doubtful, justices; cirit shall order a new bond, in proper form and with may require good security, to be given within the time specified in new appeal such order, and if it be not given, or good cause shown -if new bond why it was not, the same judgment which was ren- not given, dered by the justice, with the costs of the appeal, ment entered. what judg shall be entered in the circuit court, without further trial, against the appellant and those who signed the bond if it be such bond as is first named in section one hundred and sixty-four, and judgment against the appellant and sureties for the costs of the appeal if it be not such bond: provided, no appeal from any justice of the peace of any county of this State shall be dis-appeal not missed on the account of any failure of any such jus- dismissed, tice to comply with any requirements of any statute now in force relating to appeals from justices of the to be |