how recov infected trees, one half of the cost of the treatment. If said sum is costs and not paid to them within sixty days thereafter, the ered. same may be recovered, together with the cost of action, before any court in the State having competent jurisdiction. Any tree, plant, shrub, etc., which may, -infested or in the judgment of the director or his assistants be plants, etc., so badly infested or infected as to render expense nuisances; of treatment unjustifiable, shall be declared a public destruction nuisance and may be destroyed by them or their assistants without liability for compensation to the owner thereof. when declared of. Right of appeal from the decision or requirements—appeal. of the assistants may be made to the said director within three days after notice of such decision or requirements has been served, and the decision of the director shall be final. diseases. certificate trees. plants, what to not to receive cate be not the affixed. 4. Every package of trees, shrubs, vines or plants Label and shipped into this State, from any other state, terri- required for tory, county or province, shall be plainly labeled on etc.. shipped the outside with the names of the consignor, and con- into state; signee, and a certificate showing that the contents show. have been inspected by a State or Government officer, and that the trees, shrubs, vines or plants therein. contained appear to be free from all dangerous insects and dangerously infectious If any consignee trees, shrubs, vines or plants are shipped into this if such certifi State without such certificate plainly fixed on outside of the package, box or car containing the same, the consignee thereof shall not receive, use or distribute the same, until the consignor shall have affixed thereto the certificate of inspection required by this act. When nursery stock is shipped into this stock shipped State accompanied by a certificate, as vided, it shall be held prima facie evidence of the therein stated. But the director, or his assistants, tificate. when they have reason to believe that any such stock -but inspecis infested or infected, as heretofore described, be authorized to inspect the same. In case such is found to be infested or infected by any of the afore- if such said insects, or plant diseases, such stock shall held subject to order of shipper, not to exceed ten days, before being declared a public nuisance and destroyed. All expenses incurred by the director or his—expenses. assistants, in carrying out the provisions of this act shall be paid out of the funds appropriated by this act. 5. herein -nursery into state pro- with certififacts cate: evidence of such cer shall tion may be stock be Any person violating or neglecting to carry out the provisions of this act, or offering any hin made, when. stock be infected, etc., what then. Penalties, and 1or what -who to prosecute: fines, where paid. Annual report to governor; sent. drance to the carrying out of this act, shall be adjudged guilty of a misdemeanor, and, upon conviction before any justice of the peace, shall be fined not less than ten dollars and not more than one hundred dollars for each and every offence, together with all the costs of prosecution, and shall stand committed until the same is paid. It shall be the duty of the prosecuting attorney to prosecute all violations of this act, and all amounts so recovered shall be paid over to the State treasury. 6. The director shall make an annual report to the what to show; governor of the State, a copy of which shall be sent a copy, where to the West Virginia horticultural society at its annual meetings, showing the number of nurseries inspected, the number of certificates issued, the number of trees treated or disinfected by them or their assistants, the kinds and amount of property destroyed by them in pursuance of this act and such other facts concerning the operation of their office, under this act, as the said director may deem necessary. Not to apply 7. The provisions of this act shall not apply to florists' to greenhouse greenhouse plants, bulbs, flowers and cuttings, commonly known as greenhouse stock. stock. Moneys collected paid to over pay 8. The said assistants shall to said director; director all funds coming into their hands under the statement. provisions of section two, of this act, with an itemized statement of the sources whence received; which -how used. moneys shall be used by said director to aid in carrying into effect the provisions of this act, and the amount so received shall be stated in the annual report of said director. The said assistants shall also make to said director an itemized statement of their expenses and the amounts paid for assistants employed in prosecuting the work under this act, which, when certified by the said director, shall be paid out of the State treasury upon the warrant of the auditor of state. -expenses of assistants, how paid. Appropriation. -anditor 9. There is hereby appropriated to the said director for the purpose of carrying out the provisions of this act the sum of one thousand five hundred dollars for the year nineteen hundred and one, and one thousand five hundred dollars for the year nineanthorized to teen hundred and two, or so much thereof as may be necessary. The auditor of state is hereby authorized to draw his warrants, upon the state treasurer against the sum herein appropriated upon the presentation of proper vouchers, and the state treas draw war rants. user shall pay the same out of any funds in the public treasury. 10. The act heretofore passed at the present session of Act repealed. the Legislature is hereby repealed. (House Bill No. 321.) CHAPTER 34. AN ACT to allow further time for correction of assessments made under the re-assessment act of February twentieth, one thousand eight hundred and ninetynine. [Passed Feb. 22, 1901. In effect 90 days from passage. Approved Feb. 23, 1901.] Be it enacted by the Legislature of West Virginia: Time extendaged in which assessment of 1. That the time allowed persons, who feel grieved by the assessment of their real estate under to correct rethe re-assessment act of eighteen hundred and ninety- real estate. nine, to apply to the county court for redress, as provided in section seven, chapter twenty-one of said act, is hereby extended for the period of six months after this act takes effect. (House Bill No. 277.) CHAPTER 35. AN ACT to provide additional revenue for the State, by increasing the license taxes on corporations and joint stock companies: that is to say, by amending and re-enacting section three of chapter fifty-two of the Code, and sections six, twelve, sixteen, eighteen, twenty-two, twenty-four, thirty-five, fortyone, forty-six, forty-seven, fifty, fifty-one, fifty-two and fifty-three of chapter fifty-three of the Code; and sections three, six, ten, eleven, fifteen, twenty, twenty-one, twenty-two, twenty-three, thirty and eighty of chapter fifty-four of the Code, and by adding a section to be numbered cighty-three to chapter fifty-four of the Code, concerning the incorporation and regulation of corporations and joint stock companies; and by amending and re-enacting sections eighty-six, eighty-seven, eighty-eight, eighty Code amended. Corpora tions certain restrictions nine, ninety, ninety-one and ninety-two of chapter Code. [Passed February 18, 1901. In effect from passage. Approved February 22, 1901.] Be it enacted by the Legislature of West Virginia: 1. That section three of chapter fifty-two of the codebe and the same is hereby amended and re-enacted so as to read as follows: 3. No corporation shall be incorporated for the sole purpose of purchasing real estate in order to sell the on corporate same for profit, nor shall it, except by a vote of its stockholders regularly had, subscribe for or purchase the stock, bonds or other securities of any joint stock company, or become surety or guarantor for the debt or default of such powers. Sec. 4, ch. 52 of code, repealed. Code amended. Must be etc., within what time, penalty. -abandon poration, when and how. company. 2. That section four of chapter fifty-two of the code be and the same is hereby repealed. 3. That section six of chapter fifty-three of the code be amended and re-enacted so as to read as follows: When a certificate of incorporation has been or organized, shall hereafter be issued for a joint stock company under a general law, such company must be organized and begin its proper corporate business within one year after the date of such certificate; otherwise, the certificate shall be of no effect, and such corporament of cor- tion shall be ipso facto dissolved. When a certificate of incorporation is issued for a joint stock company under a general law, and the incorporators and other stockholders, or a majority of them, desire to abandon such certificate of incorporation, and not to organize such corporation, such incorporators and stockholders may by signing and acknowledging a statement to such effect, and sending the same, together with the certificate of incorporation, to the ions, applica- secretary of state, abandon such corporation. The corporations. provisions of sections fifty-six, fifty-seven, fifty-eight -provis ble to what cates surren and fifty-nine of chapter fifty-three of the code shall apply to the corporations named in this section so far as they are applicable. The secretary of state-certifishall cancel such certificates of incorporation surren- dered and dered to him, and file and preserve them and the fore- canceled, going named statements in his office, and aptly note retary of in the indexes of corporations kept in his office, the state as to. fact of the extinction or dissolution of such corporations. duty of sec amended. 4. That section twelve of chapter fifty-three of the code Code be and the same is hereby amended and re-enacted so as to read as follows: name, how 12. If the stockholders of a joint company desire Change of to change the name thereof, they may do so in the done. same manner that they may increase or reduce the number of shares of its capital stock as provided in section twenty-one of chapter fifty-four of the code; and after doing so, such resolution changing such name, certified under the common seal and signature of the president of the corporation, shall be delivered to the secretary of state, who shall issue his certificate, under seal, reciting the resolution and declaring that the corporation is to be thereafter known by the new name so adopted; and such certificate shall be evidence of validity of the change of name therein specified, and the secre- certificate, tary of state shall keep an index in his office, show-secretary of ing the new name and the change from the old name, state as to. and the old name showing the change to the new name. amended. 5. That section sixteen of chapter fifty-three of the Code. code be and the same is hereby amended and re-enacted so as to read as follows: stock; respecting 16. The agreement of incorporation and the certi- Capital ficate of incorporation issued by the secretary of provisions state, or the stock holders in general meeting, by a preferred resolution or by-law, may provide for or authorize stock. the issuing of preferred stock on such terms and conditions, and with or without the right to vote in stockholders' meeting, and with such other regulations respecting the preference to be given to such stock over the other stock in relation to future dividends, or otherwise, as the stockholders may deem proper, or as may be named in the agreement of incorporation provided, that the maximum capital of provisio. the corporation shall not be exceeded, and that if the issue be made under authority of a resolution, or by of |