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have juris

diction,

when.

fine, etc., justice's

court.

in

-justice to oned in the county jail not to exceed one year. And when the property SO removed, secreted, concealed, assigned, conveyed, received or otherwise disposed of, shall be worth fifty dollars or less such offence shall be tried by a justice of the peace in the mode prescribed for the trial of other criminal offences in chapmaximum ter fifty of the code of West Virginia: provided, that upon conviction for such offence before a justice of the peace the person so convicted shall be fined not exceeding fifty dollars and confined in the county jail not exceeding thirty days. But nothing in this act contained shall prevent any creditor from proceeding not affected. against any such fraudulent debtor as is provided in sections thirty to thirty-seven, inclusive, of chapter one hundred and six, and sections four to seventeen, inclusive, of chapter one hundred and forty-one of the code, or of any other remedy at equity or law now existing.

-what rights of creditors

Code amended.

Prize fight

istic encounters,

made a felony.

(Senate Bill No. 54.)

CHAPTER 100.

AN ACT to amend and re-enact section 27a of chapter 144 of the Code of West Virginia, concerning of fences against the person.

[Passed February 14, 1901. In effect 90 days from passage. Approved February 21, 1901.]

Be it enacted by the Legislature of West Virginia:

That section 27a of chapter 144 of the code of West Virginia be amended and re-enacted so as to read follows:

To Suppress Prize Fighting.

27a. That any

as

person who shall voluntarily ening or pugil- gage in a prize fight or a pugilistic encounter with another person, for money or for other things of value, or for any championship, or to see which any admission fee is charged, either directly or indirectly, in this state, shall be deemed guilty of felony, and upon conviction shall be fined not more than one thousand dollars, and be imprisoned in the penitentiary not less than one nor more than ten years.

-penalty.

acts

of persons,

abetting,

If any person act as second, or trainer, or time- -what keeper, or referee, or umpire, to any person so fight- in any way, ing, or if any person assist, or in any way abet another aiding and to fight a prize fight, or to engage in a pugilistic en- deemed counter, in this state, he shall be deemed guilty of a felony, and upon conviction thereof shall be fined not -penalty. more than five hundred dollars, and be imprisoned in the penitentiary not less than one nor more than five

years.

felonies.

-what
deemed a

If any person come into this state for the purpose of fighting, or intending to fight a prize fight, or engage misdein a pugilistic encounter therein, or for the purpose of meanor. aiding as second to, or abetting, or of training, or in any way aiding or abetting another to fight a prize fight, or to engage in a pugilistic encounter, he shall be guilty of a misdemeanor, and upon conviction there--penalty. 1 of shall be fined not more than three hundred dollars, or shall be confined in the county jail not exceeding one year, or both, at the discretion of the court.

fight or pugide

fined.

By the term "prize fight or pugilistic encounter," as -term "prize used in this act, is meant any voluntary fight or per-listic ensonal encounter by blows, by means of the fists or counter" otherwise, whether with or without gloves, between two men for money, or for a prize of any character, or for any championship, or for any thing of value, or upon the result of which any money or anything of value is bet or wagered with the knowledge of, or for the benefit of the parties engaged in the fight or pugilistic encounter, or for which any admission fee is charged, either directly or indirectly.

this

and what to

issue warrant.

Upon complaint, verified by affidavit before any complaint; justice of the peace or notary public, or mayor of any how verified town or city, that the affiant has knowledge or infor- set forth. mation and believes that any person is about to engage in a prize fight or pugilistic encounter in state, or to come into this state for any of the pur- who may poses in this act mentioned, such justice of the peace how directed. or notary public, or mayor of any town or city, shall issue his warrant, directed to the sheriff or any stable of his county, requiring him to arrest and bring such person before any justice of the county, and thereupon the same proceedings shall be had as in other cases of persons charged with an offence, under chapter one hundred and fifty-six of the code of West Virginia.

con- -proceed

ings.

But nothing in this act contained shall be con--what strued to render unlawful a boxing or sparring contest unlawful.

contests

not

in any gymnasium or athletic club, when such boxing or sparring contest is not for money or other thing of value and no admission fee is charged to see the same.

Code amended.

Rape, and how punished.

(House Bill No. 60.

CHAPTER 101.

AN ACT to amend and re-enact sections fifteen and sixteen of chapter one hundred and forty-four of the Code of West Virginia.

[Passed February 19, 1901. In effect 90 days from passage. Approved February 23, 1901.]

Be it enacted by the Legislature of West Virginia:

1. That section fifteen of chapter one hundred and forty-four of the code of West Virginia be amended and re-enacted so as to read as follows:

15. If any person carnally know a female of the age of fourteen years or more, against her will by force, or carnally know a female child under that age, he shall be punished with death or by confinement in the penitentiary as follows: If the jury, upon the trial of an indictment under this section, return a verdict of guilty, merely, the accused shall be punished with death; but if the jury add to such verdict that the accused be punished by confinement in the penitentiary, he shall be confined in the penitentiary not less than seven nor more than twenty years: proproviso as vided, always, that this section shall not apply to any person under fourteen years of age age who carnally knows a female over twelve years of age with her free consent.

to age of

both sexes.

Code amended.

Abduction of

intent to

marry or defile her, how punished.

2. That section sixteen of chapter one hundred and forty-four of the code of West Virginia be amended and re-enacted so as to read as follows:

16. If any person take away or detain against her female with will a female, with intent to marry or defile her, or cause her to be married or defiled by another person, or take from any person having lawful charge of her, a female child under fourteen years of age, for the purpose of prostitution or concubinage, he shall be confined in the penitentiary not less than three nor more than ten years.

(Substitute for House Bill No. 51.)

CHAPTER 102.

AN ACT to amend and re-enact section seven of chapter seven of the Code of West Virginia of 1899, relating to the removal from office of county and district officers.

[Passed February 13, 1901. In effect 90 days from passage. Approved February 16, 1901.]

Be it enacted by the Legislature of West Virginia:

1.

That section seven of chapter seven of the code Code of West Virginia of 1899, be amended and re-enacted amended. so as to read as follows:

district offi

gross office; for cir- what causes resides. ings there

al of from

and proceed

for.

7. Any county or district officer including any member of a board of education may be removed County or from office for official mis-conduct, incompetence, ha- cers, removbitual drunkenness, adultery, neglect of duty, or immorality. Such removal shall be made by the cuit court of the county wherein such officer The charges against any such officer shall be reduced to writing and entered of record by the court, and a summons shall thereupon be issued by the clerk of such court containing a copy of the charges, and requiring the officer named therein to appear and answer the same on a day to be named therein, which summons may be served in the same manner as a summons commencing an action may be served, and the service must be made at least five days before the return day thereof. And the court itself shall, without a jury, hear the charges and upon satisfactory proof thereof remove any such officer from the discharge of -records. the duties of his office, and place the records, papers, etc., of officer and property of his office in the possession of some removed. other officer or person for safe keeping until the vacancy is filled. Any vacancy created under this sec- -vacancies tion in the office of commissioner, clerk of the county in such court, constable, and justice of the peace shall be filled. filled by the county court of the county until the next general election, and any vacancy so created in the of fice of prosecuting attorney, clerk of the circuit court, and all other county and district officers not herein enumerated or otherwise provided for by law, shall be filled by the circuit court of the county, or the judge thereof in vacation, until the next general election.

cases, how

2. All acts or parts of acts, inconsistent herewith, Acts are hereby repealed.

repealed.

Code amended.

Assessors, their compensation.

-commissions.

-special

(House Bill No. 1.)

CHAPTER 103,

AN ACT to amend and re-enact section eighty-nine of chapter twenty-nine of the Code of West Virginia.

[Passed February 11, 1901. In effect 90 days from passage. Approved February 18, 1901.]

Be it enacted by the Legislature of West Virginia:

That section eighty-nine of chapter twenty-nine of the code of West Virginia be amended and re-enacted so as to read as follows:

89. Every assessor shall be entitled to receive in consideration of his services, to be paid out of the county treasury, as other claims against the county are paid, such reasonable compensation as the county court shall determine, not less than three hundred nor more than five hundred dollars per annum, and in addition thereto shall be allowed a commission of three per centum on the amount of state and state school taxes assessed by him on the personal property of his county or assessment district, which allowance shall be in addition to the fees allowed in section eightyseven of this chapter and shall be in full for all services performed under the provisions of this chapter, including the extension of the levies for state, free school, county and district purposes. There may be allowed in Ohio county, to be paid out of the county treasury, to the assessors of such county, such further as to allow sums respectively as to the board of commissioners of said county may seem just; and to each assessor in Kanawha county, such sum not exceeding nine hundred dollars, as to the county court of said county may seem just; and to each assessor in Favette county such sum, not exceeding nine hundred dollars, as to the said county court of said county may seem just; and to each assessor in the counties of Harrison, Marshall, Randolph, and the first assessment district of the counties of Cabell, and McDowell, such sum, not exceeding six hundred dollars, nor less than three hundred dollars, as to the county court of said counties of Harrison, Marshall, Cabell, Randolph and MeDowell, may seem just; and to the assessor of the first assessment district of the county of Wood, such sum, not exceeding twelve hundred dollars, as to the

provisions

ances by certain counties.

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