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Be it enacted by the Legislature of West Virginia :

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1. That the governor of West Virginia be and he powered to

is hereby empowered to appoint a commission of two appoint commission. citizens, who shall be chosen from the two political

parties casting the greatest number of votes, cach respectively, at the last preceding general election, who,

together with the ailjutant general, who shall be prespresident of. ident of said board, shall constitute a board to be known

the West Virginia state service commission, who shall meet as soon as may be after their apprepare pointment and prepare for free distribution the nec

essary blanks to be used in the proof of all claims hereinafter provided for, and said West Virginia

state service commission shall hold meetings in the -meetings, office of the adjutant general as follows:

on

the first Tuesday in October, one thousand nine hundred and one, and the first Tuesday in February, June and

October, one thousand nine hundred and two, respecpurpose of tively, for the purpose of receiving and passing on meetings. the proof

of all claims for active service either for this State the United States, during the

late civil war, whether as home guards or militia. Proof : who All proof furnished the said commission shall be

blanks furnished by the commission in the

form, and the said proof must be filed by the party who rendered the service or his personal representative, and not by any assignee of such person. Said proof shall show the address of such person and at the date said service was dered; the length of such service in months and dars, the kind of such service rendered, and whether rendered

private or officer; and if as officer the rank held; whether the soldier has been paid therefor or any part thereof, and any and all other facts of which the said commission mal

proper to require proof. At --commission each of said meetings the said commission shall conproof and sider the proof filed by such soldier or his personal amount" que representative, and determine the amount due such

soldier for such service, reckoning the same pay to

each soldier as that which is allowed by the United to keep

States for like service in the armr. Ther shall keep findings. a record of their findings in a suitable book to be

kept by said commission, and the said commission

shall deliver to the soldier or his personal represent---to deliver atire a certificate of the amount due and unpaid him

for such service. The said commission shall give no

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tice of meet

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tice of all said meetings, their purpose

and nature -to give noof the proof required, by publication in one news- ings; how. paper in each county of this State for four successive weeks before the first of said meetings. Any two of said board shall constitute a quorum. The members of said commission shall each receive four dollars per day tion or for their services and lawful mileage. They shall appoint

-clerk, and a clerk who shall receive a salary to be fixed by said his salary. commission, but not to exceed five hundred dollars. The said commission shall make a printed report of their findings showing the name of each soldier to whom -report ; there is anything due and unpaid for his service, the show. amount thereof, and his address, and such other matters as they may deem necessary. Said report shall be made to the governor on or before the first day of January, when. one thousand nine hundred and three, and by him laid before the Legislature at its next bi-ennial session following said report.

what to

to whom made, and

(Senate Bill No. 50.)

CHAPTER 23.

AN ACT making it a misdemeanor and prescribing the punishment therefor, for

, for removing

removing personal property covered by mortgage or deed of trust out of the county where situated when the deed of trust or mortgage is given, without consent of the beneficiary.

[Passed February 14, 1901. In effect 90 days from parsage.

February 19, 1901.]

Approved

Be it enacted by the Legislature of West Virginia:

sonal prop

A mortgagor of personal property or grantor in a Unlawful to deed of trust conveving personal property, in posses-removepersion of same, who, without the consent of the owner erty by mort. of the claim secured by such mortgage or deed of county: trust, and with intent to defraud, removes to be removed, any of the property mortgaged or cov- oi claim, etc. ered by such deed of trust out of the county where it was situated at the time it was mortgaged or convered by deed of trust, or with intent to defraud, secretes or sells the same, or converts the same to his

gagor, out of

unless by concauses

sent of owner

or

-penalty.

and on

(on

own use, shall be guilty of misdemeanor,
viction thereof fined not more than five hundred dol-
lars, or imprisoned not

six months, or both.

more

(Senate Bill No. 170.)

CHAPTER 21.

AN ACT making it a misdemeanor to wilfully or im

properly damage or destroy the property of livery stable keepers, in cities of over three thousand population, in this State, when in the custody or possession of bailees.

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

February 22, 1901.)

Be it enacted by the Legislature of West Virginia:

Wilful dam

hired or loaned. deemed what

one

liable also

Owner or

owners

for what.

1. Whenever hereafter any bailee or bailees for hire age to livery or loan of any property of any livery stable keeper, in

cities of over three thousand population in this state,

shall wilfully or with gross negligence damage or offence.

destroy the property of any as aforesaid, while the same is in the custody or possession of said bailee or bailees, the person or persons so offending shall be taken and deemed guilty of a misdemeanor, and upon conviction, shall be fined or imprisoned as hereinafter set forth, at the discretion of the court, and shall be liable said

of said property for incivil action, the value thereof, or the injury done in the same, in

a civil action, either in the circuit court or before a justice of the peace as like amounts are now by law recor

erable. Damages 2. Any damage or damages done to the property of

con- any livery stable keeper, in cities of over three thousand duct, a

population in this State, by careless driving or improper conduct, while in the custody or possession of any bailee or bailees to whom the same may have been hired or loaned, shall be taken and deemed to be a misdemeanor, punishable by fine or imprisonment at the discretion of the court as hereinafter set forth.

3. Whenever hereafter any bailee bailees for fending, how punished and hire or loan of any property of any livery stable for what lia- keeper, in cities of over three thousand population in

from improper

misdemeanor;

how pun

ished.

Persons

of

or

.

this State shall wilfully or with gross negligence, damage or destroy the property of anyone as aforesaid, while the same is in the custody or possession of said bailee or bailees, or shall be guilty, as set forth in the previous sections of this act, the person or persons so offending shall be taken and deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceding one hundred dollars, or be imprisoned in the county jail for a term not exceeding thirty days, at the discretion of the court, and shall be liable to said owner

or owners of said property for the value thereof, or the injury done to the same, in a civil action, either in the circuit court or before a justice of the peace, as like amounts are now by law recoverable.

(Senate Bill No. 71.)

CHAPTER 25.

AN ACT requiring assessors to gather agricultural sta

tistics.

[Passed February 9, 1901. In effect 90 days from passage.

February 15, 1901.]

Approved

tistics; how

the furnished.

Be it enacted by the Legislature of West Virginia: 1. That it is hereby made the duty of each assessor, Assessorserito

gather agriof the several assessment districts of the several cultural sta. counties of the State, to receive from the state board blanks, etc., of argiculture such books, blanks and papers as board may supply from the State's printing fund, for the gathering of such agricultural and other statisties as it may deem valuable to the people of the State.

2. That, commencing on the first day of April of when to beeach year, such statistics as it may require shall begin. gathered as soon as possible; immediately after which the books, blanks and papers shall be carefully filled filling out out under such ules and in such form as the said board may require. That the books, blanks and papers when so completed, shall be returned to the department on or before the first day of July next ensuing.

3. That the county court of each county shall allow Compensathe assessors

a reasonable compensation, not exceed-tion.

blanks,

-When returned.

Penalty for failure; proceedings.

ing ten per centum of their salary as assessor, for such work as may be required of them, under this act, by the said board of agriculture.

4. That any failure to properly perform any of the duties herein set forth, or any of the legal requirements of the said board, the offending person or persons, upon conviction, shall be subject to all the penalties set forth in chapter twenty-nine of the code of eighteen hundred and ninety-nine, concerning assessors, and may be proceeded against in the same manner as is therein prescribed by law.

5. All acts or parts of acts inconsistent with this act are hereby repealed.

Acts inconsistent repealed.

(Senate Bill No. 80.)

CHAPTER 26.

AN ACT to legalize the action of stockholders of corpora

tions in cases where proxies have been given and the owner or holder of the stock giving or making such

proxy has died.

[Passed February is, 1901. In effect 90 days from passage.

February 20, 1901.]

Approved

Be it enacted by the Legislature of West Virginia:

but after

etc.

Meetings of stockholders,

1. That in any case where a proxy or other legal writetc., at which ten authorization has heretofore been given, execua person holding proxy,

ted or delivered, or may hereafter be given, executed etc., acted in or delivered, to another to vote the stock of the maker good faith,

or giver of such paper in any meeting of the sharedeath of pain holders or stockholders of a corporation or joint stock

, valid, unless,

company, created under the laws of this State, and the holder of such proxy in good faith and without fraud acts as such proxy, or has heretofore acted as such proxy at

a meeting of such shareholders or stockholders, and before such meeting the stockhold

shareholder giving such proxy had died, then and in that erent all such meetings shall be deemed as valid

if the said shareholder or stockholder giving such proxy had been living at the time of such meeting, unless actual knowledge or notice of the death of such stockholder or shareholder giving such proxy had come ormar come to the holder of such proxy before he has acted or may act at such meeting.

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