Code amended. Re-location of county seats; peti tion for, who to sign; affi davit to be appended. -court shall der that a of re-loca; (Senate Bill No. 15.) CHAPTER 95. AN ACT to amend and re-enact section fifteen of chapter thirty-nine of the Code of West Virginia, of one thousand eight hundred and ninety-nine, relating to the re-location of county seats. [Passed February 21, 1901. In effect 90 days from passage. Approved February 22, 1901.] Be it enacted by the Legislature of West Virginia: That section fifteen of chapter thirty-nine of the code of West Virginia be and the same is hereby amended and re-enacted so as to read as follows: 15. Whenever the citizens of any county desire the re-location of their county seat they may file their petition or petitions for such re-location at a place or places, to be named therein, at any regular session of the county court of such county. None but legal voters of the county shall sign said petition or petitions, and an affidavit shall be appended thereto that the petitioners are, as the affiant verily believes, legal voters of said county. Upon the filing of said petition or make an or- petitions, each place at which a re-location is sought, vote be taken being petitioned for by two-fifths of all the legal on question voters of the said county, to be estimated by allowing tion; when. one vote for every six persons in such county, as shown by the last preceding census, said court shall, at the same term at which said petition or petitions are filed, make an order that a vote be taken, at the next general election to be held in the said county, upon the question of such re-location, at the place or places named in the said petition or petitions, each having the signatures of two-fifths of the legal voters of said county as aforesaid. And if such petition or petitions be filed in any year in which no general ordered and election is to be held, the said county court shall, at the same session thereof at which such petition or petitions are filed, fix a day for, and order the holding of, a special election upon the question of such relocation; which special election shall be held in the said county not less than sixty days nor more than four months from the date of said order: provided, the petitioners signing each of said petitions, if there be more than one petition, or some one for them, shall, at the same term of said court, enter into and -special election; when to be when held. -proviso as to costs of special election. make copies delivered; of notice. -three-fifths -what order acknowledge a bond, with good security, to be approved by said court, in the penalty of five thousand dollars, conditioned to pay all the legal costs of holding said election, and if such bond be not given no special election shall be held. The clerk of said court-clerk to shall, upon the adjournment of said court, make out of order for and certify as many copies of said order as there are election. voting places in said county, and deliver the same to to whom the sheriff thereof, whose duty it shall be to post one where posted of the said copies, or cause it to be done, at each of and when. said places of voting in said county at least forty days before the day of such election; and if a news-publication paper is printed in said county, the court shall in addition to the above notice, cause a copy of said order to be published therein, at least once in each week for four consecutive weeks prior to such election. If three-fifths of all the votes cast at said election upon vote required the question, be in favor of the re-location at either of to re-locate. the places voted for, the said county court shall enter an order declaring the place so the place so receiving three-fifths court to of all the votes cast therefor, to be the county seat of enter. said county from and after that date. And the said -removal of court shall, as soon thereafter as practicable, cause records. all the records, papers and office property pertaining to the offices of the clerks of the county and circuit courts to be removed to the said new county-seat. The ballots; ballots used in voting on the question of such relocation shall have written or printed on them the words, "Re-location of of County Seats," "For relocation of County Seat at" (naming the place,) "Against re-location of County Seat:" provided, -what balthat upon such question shall be rejected because all the words described are not written or printed thereon, if it clearly appears how the voter intended to vote; and provided, -ballots at also, that if said election be held at a general election, general electhe ballots shall be the same as those used in voting for officers at said general election. The said votes votes; how shall be taken, superintended, conducted and re- taken, superturned, in the same manner, and by the same officers, returned. as elections for county and state officers. If said -if vote election be held at a general election, the commission- taken at geners of election shall make out and sign separate cer- what then. tificate of the result of said vote, and deliver the same to the clerk of the county court within the same time they are required by law to deliver the certificates of the result of the election for officers held by them. no ballot cast at such election how worded. lots not to be rejected. tion. intended and eral election, And if said election be held at a special election, then if vote taken at special election, what then. -certificate of result laid before when. clared. petitions for different places be presented, what then. said county court shall at the session at which the election is ordered, appoint three commissioners of that election for each voting place in said county, who shall ascertain and certify the result of such election in the same manner as herein provided to be done at And the certificate of the result a general election. of such special election shall be laid before the court county court; by the clerk thercof, at a special session thereof, which shall be held within five days (Sunday exresult de- cepted) after said special election. Said court shall thereupon ascertain and declare the result of said -if two vote and enter the same of record. If two petitions for such re-location at different places be presented to the county court at the same session, each signed by two-fifths of the legal voters of the said county, ascertained in the manner hereinbefore provided for, the court by a proper order entered of record at the same term at which said petition, or petitions are filed, shall direct that a vote be taken between all the places mentioned in the said petitions, but such quired to re- county seat shall not be removed unless some one of the places voted for at said election shall have received three-fifths of all votes cast at said election upon the question of such re-location. In case the same person signs more than one petition for such relocation such person shall not be considered by the court as petitioning for a re-location of the county seat. In case of such re-location, the county court of said county shall proceed with all possible dispatch to cause the necessary buildings for the use of the com-county to be erected thereat; and until that is done where court the courts of said county may in case of necessity be held at the former county seat. -vote re move in such case. -person signing two petitions. -buildings at new County seat -until pleted, may be held. -subscrip buildings. Such court may receive subscriptions from any pertions for new son to aid in the erection of such buildings. And all subscriptions made at any time for that purpose shall be binding on the persons making the same, and may be sued for and recovered in the name of the county court of said county. -may be sued for. (Senate Bill No. 22.) CHAPTER 96. AN ACT to amend and re-enact section five of chapter seventeen, of the Code of West Virginia. [Passed February 6, 1901. In effect 90 days from passage. Approved February 12, 1901.] Be it enacted by the Legislature of West Virginia: That section five, of chapter seventeen, of the code Code of West Virginia, be amended and re-enacted so as to amended. read as follows: be the has claims of the audi. when; what duty of treasurer when war rant presented. 5. Every person claiming to receive money from the Payments of treasury of the State, shall apply to the auditor for a against the warrant for same; and the auditor shall thereupon ex- state; duty amine the claim, with the vouchers, certificates and tor. evidence, if any, offered in support thereof; and for so -to issue a much thereof as he may find to be justly due by the warrant, State, if payment thereof be authorized by law, and to state there be an appropriation not exhausted or expired therein. out of which it is properly payable, he shall issue his warrant on the treasurer, specifying to whom and on what account the money mentioned therein is to be paid, and to what appropriation the same is to charged. On the presentation of such warrant to treasurer, he shall ascertain whether the same been drawn in pursuance of an appropriation made by law, and if he find it to be so, he shall in that case, but not otherwise, endorse his check upon said warrant, directed to some depository, which check shall be payable to the order of the person who is to receive the money therein specified. If said check should not presented for payment within three years, it shall be the duty of the treasurer to again charge it to depository on which it was drawn, and credit the fund with the amount, and immediately notify the auditor to make corresponding entries on his books. when And no state depository shall pay a check unless it is checks not to presented within three years after it was drawn, the treasurer is hereby authorized to cover into treasury by appropriate entries, all checks that been out-standing for three years or over. All required by law to be allowed by any court, and payable out of the State treasury, shall have the seal of the court, allowing or authorizing the payment of the affixed to same, affixed by the clerk of such court to his certifi- fied. be -if check then not presented the for payment State years, what in three then. be paid by thorized to and depositories: the treasurer auhave cover certain claims treasury. checks into seal of court to be claims certi cate of its allowance; and no such claims shall be audited and paid by the auditor unless the seal of such court be thereto attached as aforesaid. No tax or fee shall be charged by the clerk for affixing his seal to fee for seal. the certificate referred to in this act. -no tax or Fertilizers; sellers to attach statement to package; what such statement certify. to (Senate Bill No. 77.) CHAPTER 97. AN ACT concerning commercial fertilizers and repealing chapter seventy-two of the Acts of the Legislature of West Virginia of eighteen hundred and ninety-one. [Passed February 2, 1901. In effect 90 days from passage. Approved February 9, 1901.] Be it enacted by the Legislature of West Virginia: 1. Every person who shall sell, offer or expose for sale, or have in his possession with intent to sell in this State, any commercial fertilizer or manure, shall affix conspicuously to every package thereof a plainly printed statement, clearly and truly certifying the number of net pounds of fertilizer in a package, the name, brand or trade mark under which the fertilizer is sold, the name and address of the manufacturer, the place of manufacture and stating the percentage of nitrogen or its equivalent in ammonia, of potash soluable in distilled water and of phosphoric acid in available form, soluable in distilled water and reverted, as well as the total phosphoric acid, and the materials from which said constituents are derived. In the case of those fertilizers which consist of other cheaper materials said labels shall give a correct gencheap grades. eral statement of the composition and ingredients of the elements relied upon contained in the fertilizer which it accompanies. -as to ment to be filed; by or 2. Before any commercial fertilizer is sold, offered Sworn state- or exposed for sale, in this State, the manufacturer, importer or party who causes it to be sold, exposed offered for sale, shall file with the director of the West Virginia Agricultural Experimental Station, under oath, the statement required to be affixed under section one whom, when and where. |