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Governor em

appoint com

who to be

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and distrib-

ute blanks.

Be it enacted by the Legislature of West Virginia:

1. That the governor of West Virginia be and he powered to is hereby empowered to appoint a commission of two mission. citizens, who shall be chosen from the two political parties casting the greatest number of votes, each respectively, at the last preceding general election, who, together with the adjutant general, who shall be prespresident of. ident of said board, shall constitute a board to be known as the West Virginia state service commission, who shall meet as soon as may be after their apprepare pointment and prepare for free distribution the necessary blanks to be used in the proof of all claims hereinafter provided for, and said West Virginia service commission shall hold meetings in the office of the adjutant general as follows: on the when held. 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, respec-purpose of tively, for the purpose of receiving and passing on the proof of all claims for active service either for this State or the United States, during the late civil war, whether as home guards or militia. All proof furnished the said commission shall be

-meetings,

meetings.

Proof who to furnish.

-what to show.

on

blanks furnished by the commission or in the same 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 now and at the date said service was rendered; the length of such service in months and days, the kind of such service rendered, and whether the same was rendered as a private or as an officer; and if as an 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 may see 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 determine due. representative, and determine the amount due such

to consider

amount

-to keep record of findings.

soldier for such service, reckoning the same pay to each soldier as that which is allowed by the United States for like service in the army. They shall keep 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 ative a certificate of the amount due and unpaid him for such service. The said commission shall give no-

certificate.

tice of meet

-compensa

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 -quorum. said board shall constitute a quorum. The members of said commission shall each receive four dollars per day tion of. 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 whom 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

made, and

(Senate Bill No. 50.)

CHAPTER 23.

AN ACT making it a misdemeanor and prescribing the punishment therefor, for 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 passage. Approved February 19, 1901.]

Be it enacted by the Legislature of West Virginia:

remove per

County: unless by conor causes sent of owner

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

-penalty.

own use, shall be guilty of misdemeanor, and on conviction thereof fined not more than five hundred dollars, or imprisoned not more than six months, or both.

Wilful dam

property

loaned, deemed what offence.

(Senate Bill No. 170.)

CHAPTER 24.

AN ACT making it a misdemeanor to wilfully or improperly 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:

1.

Whenever hereafter any bailee or bailees for hire age to livery or loan of any property of any livery stable keeper, in hired or cities of over three thousand population in this State, shall wilfully or with gross negligence damage or destroy the property of any one 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 also liable to said owner or owners of said property for in civil action, the value thereof, or the injury done in the same, in

for what.

Damages

proper

duct, a demeanor;

how punished.

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

2. Any damage or damages done to the property of from imcon- any livery stable keeper, in cities of over three thousand 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.

Persons of

fending, how

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

ble.

this State shall wilfully or with gross negligence, damage or destroy the property of any one 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 statistics.

[Passed February 9, 1901. In effect 90 days from passage. Approved February 15, 1901.]

Be it enacted by the Legislature of West Virginia:

gather agriseveral cultural sta

tistics; how

board blanks, etc.,

furnished.

1. That it is hereby made the duty of each assessor, Assessors, to of the several assessment districts of the counties of the State, to receive from the state of argiculture such books, blanks and papers as the 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.

gin.

blanks, etc.

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

-when re

3. That the county court of each county shall allow Compensathe assessors a reasonable compensation, not exceed-tion.

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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.

Meetings of stockholders,

a person hold

good faith,

death of prin

valid, unless, etc.

(Senate Bill No. 80.)

CHAPTER 26.

AN ACT to legalize the action of stockholders of corporations in cases where proxies have been given and the owner or holder of the stock giving or making such proxy has died.

[Passed February 18, 1901. In effect 90 days from passage. Approved February 20, 1901.]

Be it enacted by the Legislature of West Virginia:

1. That in any case where a proxy or other legal writetc., at which ten authorization has heretofore been given, execuing proxy, ted or delivered, or may hereafter be given, executed etc., acted in or delivered, to another to vote the stock of the maker but after or giver of such paper in any meeting of the sharecipal, made holders or stockholders of a corporation or joint stock 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 stockholder or shareholder giving such proxy had died, then and in that event all such meetings shall be deemed as valid as 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 or may come to the holder of such proxy before he has acted or may act at such meeting.

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