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limiting max

county.

ty court of said county of Wood may seem just: pro- proviso, vided, that the whole amount allowed to the assessor imum allowof the district in which the greater part of the city of ance in Ohio Wheeling is situated, shall not exceed fifteen hundred dollars, and the whole amount allowed to the other assessor in such county shall not exceed twelve hundred dollars. The clerk of the county court shall be entitled to receive such reasonable compensation for clerks of services rendered under this section, other than for county making out the land books, as the county court may allow, to be paid from the county treasury.

compen

sation to

courts.

(House Bill No. 143.)

CHAPTER 104.

AN ACT to amend and re-enact section twelve of chapter eighty-two of the Code of West Virginia of 1899.

[Passed February 12, 1901. In effect 90 days from passage. Approved February 12, 1901.]

Be it enacted by the Legislature of West Virginia:

That section twelve of chapter one hundred and code forty-nine of the Acts of 1872-3, as found in chapter amended. eighty-two of the code of 1899, be amended and re-enacted so as to read as follows:

time may

ward's mon

12. Whenever a guardian shall collect any princi- Guardians; pal or interest belonging to his ward, he shall have within what thirty days to invest or loan the same, and shall not invest or loan be charged with interest thereon until the expiration ey; interest. of said time, unless he shall have made the investment previous thereto, in which case he shall be charged with interest from the time the investment or loan was made: provided, however, that if by due diligence if by due any guardian is unable to loan any principal or in- diligence terest belonging to his ward within the time aforesaid, able to he may file his petition in the circuit court of the coun- loan funds of ty in which he qualifies as such guardian, setting out then." fully the facts, which petition shall be verified as pro-proceedings vided by section forty-two of chapter one hundred and on petition. twenty-five of the code, and of the filing of which petition ten days notice shall be served on the ward, and the circuit court or the judge thereof in vacation, shall appoint a guardian ad litem for the defendant to said

guardian is

ward, what

court may

petition, who shall answer said petition under oath, and thereupon the court or judge thereof in vacation shall hear the matters arising upon said petition, upon affidavits or depositions duly taken and returned, but such guardian ad litem shall in all cases be personally present at the hearing; and such court or judge there-what order of in vacation, if it be made to appear that such guardian has been unable to loan the funds of his ward as hereinbefore required, may make such order in relation to the loan and investment of the funds in the hands of such guardian, as may be to the best interests of the ward. But pending a hearing upon said. petition, such guardian shall not be chargeable with interest on the funds in his hands uninvested, unless the court or judge otherwise order.

make.

-not liable

to pay in

terest pend

ing hearing, unless, etc.

Code amended.

Sale of delinquent lands for taxes;

duty of

lists to be

made out.

(Substitute for Senate Bill No. 14.)

CHAPTER 105.

AN ACT to amend and re-enact section four of chapter thirty-one of the code, relating to the sale of land returned delinquent for the non-payment of

taxes.

[Passed February 20, 1901. In effect 90 days from passage. Approved February 22, 1901.]

Be it enacted by the Legislature fo West Virginia:

That section four of chapter thirty-one of the Code of West Virginia be amended and re-enacted so as to read as follows:

4. On or before the first day of November in each year, the auditor shall cause to be delivered to the sheriff or collector of taxes for every county two lists auditor as to of the real estate therein, which, at the time said lists are made out, shall have been returned delinquent for the non-payment of taxes thereon for any previous year and not previously sold therefor, and on which the taxes and interest, or any part thereof, shall re main then unpaid and not released or otherwise dis-what such charged, with a statement of the several amounts due for state and state school taxes; county taxes for all purposes; school district and independent school district taxes; other district taxes for all purposes, and

lists to

specify.

municipal corporation taxes for all purposes, on each
tract or lot for each year
with interest on each
amount from the twentieth day of January in the
year succeeding that in which such taxes were levied
until the first day of November in the year such list
is delivered as aforesaid to the sheriff, or collector, at
the rate of twelve per centum per annum added there-
to. But if the real estate has been sold for the non- interest.

-rate of

once

for taxes due

-exception.

payment of taxes, the same shall not be charged with -lands or again sold on account of any taxes for any year sold not to be previous to that for the taxes of which the same was again sold made; except, that if for any cause a previous sale of for a prereal estate purchased by, or in behalf of the State, has vious year. been or shall be set aside by any court, and the taxes for which it was or shall be sold, have not been paid, the auditor shall include in such lists all such real estate, and the same shall be sold for the taxes and interest due thereon for the years for which it was previously sold, in like manner and with like effect as the other real estate mentioned in said lists.

5.

quent in one

afterwards

When by the formation of a new county, or the change of the boundary between two counties, any Lands retract or lot returned delinquent for non-payment of turned delintaxes in one county shall after such return be included county and in another, the clerk of the county court of the county included in in which such land was included shall certify the same another by to the auditor before the first day of June in each year, boundary in order that the same may be entered in the list to be lines, etc.; delivered pursuant to the preceding section to sheriff or collector of the county in which the tract or lot is situated.

change of

duty of the county

said in relation

court clerk

thereto.

Acts amended.

tors; num

(House Bill No. 109.)

CHAPTER 106.

AN ACT to amend and re-enact chapter fifty-nine of the acts of one thousand eight hundred and ninetyseven, and also sections five, ten and eleven of chapter fifty of the acts of one thousand eight hundred and eighty-seven and to add section twenty thereto, relating to mine ventilation, inspection and drain

age.

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

Be it enacted by the Legislature of West Virginia:

1. That chapter fifty-nine of the acts of the LegisJature of West Virginia of one thousand eight hundred and ninety-seven, "concerning mine ventilation and inspection" be amended and re-enacted so as read as follows:

as to

1a. The governor of the State, by and with the conMine inspec- sent of the senate, shall appoint one district mine inber; how ap- spector for each of the five mining districts created pointed. by this act, and a chief mine inspector who shall super-chief mine vise and control the mine inspection of the State of

inspector: his powers as to mine inspection

and district inspectors.

ords of chief
inspector,
how kept,
etc.

West Virginia, and the chief shall have power to call the assistance of any one of the other five mine inspectors to any district in the State of West Virginia. in case of emergency; and the chief mine inspector -office The shall keep the reports furnished him by the five mine inspectors, and in addition thereto he shall copy said reports in a book or books by him purchased and kept for the purpose, and he shall index the same, and said books shall be open for inspection upon the request of such rec- of any citizen of the State, and upon the request of the governor or attorney or attorney general of this State, the said chief mine inspector shall lay said books and reports before either of said officers, and also maps of mines furnished him by the said district mine inspec

-inspection

ords.

chief inspec

tors.

b. Any chief mine inspector who shall violate any penalty on of the provisions of this act shall, upon conviction tor for viola- thereof, be fined not less than twenty-five or more than two hundred dollars, and may, in the discretion of the court, be imprisoned in the county jail not exceeding one year.

tion, etc.

reports of

chief inspec

vacancies

And each of the five mine inspectors shall report in monthly writing monthly to the chief mine inspector, the num- district inber and condition of all the mines inspected by him spectors. during each month. The chief mine inspector shall power of have power to remove any of the five mine inspectors, tor to rementioned in this act, for causes hereinafter men- move; how tioned in this act, and the governor of the State shall filled. fill all vacancies caused by removal from office, Mine -term of ofinspectors created by this act shall hold their office fice. for the term of four years, as hereinafter provided, unless they be sooner removed, as hereinafter provided. They shall continue in office until, their successors in office are appointed and qualified.

C.

tions of

c. Every person appointed chief mine inspector-qualificamust be a citizen of West Virginia and be a competent chief inspecperson, having had at least eight years experience in tor. the working, ventilation and drainage of coal mines in this State, and a practical and scientific knowledge of all noxious and dangerous gases found in such mines.

tions of dis

d. Every person so appointed district mine inspec- qualificator must be a citizen of West Virginia, having a prac- trict inspectical knowledge of mining and properly ventilating tors. and draining mines, and a knowledge of the gases mot with in coal mines, and must be a miner of at least six years' experience as a miner in the coal mines, or having been otherwise engaged as an employe for six years within the mines of this State; and he shall not what prowhile in office, be interested as owner, operator, agent. stockholder, superintendent or engineer of any coal mine, and he shall be of good moral character and tem-character. perate habits. An inspector of mines shall be removed from office by the chief mine inspector of this for what. State for incompetenev, neglect of duty, drunkenness, malfeasance and for other good causes.

hibited being.

from

-removal,

-oath re

2a. Vacancies in office of inspectors shall be filled vacancies, by appointment by the governor of the State for the how filled. unexpired term. Every person appointed inspector of mines, shall, before entering upon the discharge of quired of the duties of his office, take the oath before some per- inspectors. son authorized by law to administer oaths, that he will support the constitution of the United States and the constitution of the State of West Virginia, and that he will faithfully and impartially, to the best of his ability, discharge the duties of his office, and file a cer--where filed tificate of his having done so in the office of the secretary of state, and he shall give a bond in the penalty

-bond re

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