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be fined not less than five dollars nor more than one hundred dollars for each offense, and may be apprehended and brought before any justice in the county in which said offense is committed. Justices of the peace shall have jurisdiction to try and determine all offences under this act.

CHAPTER 36.

(House Bill No. 222.)

AN ACT to amend and re-enact section thirteen of chapter thirty

six of the acts of one thousand nine hundred and three, relating to toll roads and turnpikes.

(Passed February 22, 1907. In effect ninety days from passage.

Governor, February 25, 1907.)

Approved by the

Sec. 13.

SEC.

County courts authorized to ma

cadamize and keep in good re-
pair certain toll roads and turn-

pikes ; when; may surrender control to corporate authorities.

Be it enacted by the Legislature of West Virginia:

Sec. 13. That whenever the collection of tolls for travelling over or upon any toll road or turnpike has been abandoned by any county, person, company or corporation, or is prevented by law or by final order of any court having competent jurisdiction; or whenever any main county roads is improved under the provisions of section twenty-six of chapter forty-three of the code of one thousand eight hundred and ninety-nine, it shall be the duty of the county court in the county wherein such road or turnpike, or any part thereof is located, to keep the same macadamized and piked and in good repair, and shall pay for the work and all expenses incident thereto out of the county treasury. Provided, that whenever any such road passes through or into any incorporated town or city so as to form a street or streets of the same, the county court may enter an order surrendering the management, maintenance and control of that portion of such road to the corporate authorities of such town or city; but no order shall be made by the county court until there has been filed in the office of the county clerk à petition therefor which has been adopted by the common council of such town or city.

CHAPTER 37.

(House Bill No. 58.)

AN ACT to amend and re-enact section one, of chapter one hun

dred and one of the code of West Virginia, relating to sureties.

[Passed February 19, 1907. In effect ninety days from passage. Approved by the

Governor, February 22, 1907.)

Sec.

SEC. 1. Sureties, guarantors or indorsers

Surety, guarantor or indorser almay require creditors to

sue :

lowed to make defense, under notice to be given ; specifications

certain conditions. or breach of undertaking. Be it enacted by the Legislature of West Virginia:

That section one of chapter one hundred and one, of the code of West Virginia, relating to sureties, be amended and re-enacted so as to read as follows:

Sec. 1. The surety or guarantor or endorser (or his personal representative) of any person bound by any contract may, if a right of action has accrued thereon, require the creditor (or his personal representative,) by notice in writing, forthwith to institute suit thereon ; and if he be bound in a bond with collateral condition or for the performance of some collateral undertaking, he shall also specify in such requisition the breach of the condition or undertaking for which he requires suit to be brought; provided, however, that whether the surety, guarantor or indorser (or his personal representative) shall have given notice or not, no judgment or decree or recovery rendered, entered or had in any suit, action, prosecution or proceeding, to which the surety, guarantor or indorser (or his personal representative) was not a party regularly served with process, shall be in any wise binding on such surety, guarantor or indorser (or his personal representative), and notwithstanding such decree, judgment or recovery the surety, guarantor or indorser shall be allowed to make any such defense in any action, suit or proceeding instituted against him, that could have been made in the suit in which such decree, judgment or recovery was had.

CHAPTER 38.

(House Bill No. 111.)

AN ACT prescribing certain rules for the circuit courts of West

Virginia, as to instructing petit juries upon the trial of cases both civil and criminal.

[Passed February 22, 1907. In effect ninety days from passage.

Governor, February 27, 1907.)

Approved by the

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Be it enacted by the Legislature of West Virginia:

Sec. 1. In the trial of all issues in both civil and criminal cases before juries all of the instructions of the court to the jury shall be plainly written in longhand or typewriting before given to the jury by the court and not changed in any way thereafter, unless the same be re-read to the jury as changed; provided, that the court may instruct the jury to disregard incompetent testimony during the trial without reducing such instructions to writing, as aforesaid.

Sec. 2. Before an instruction may be read the jury, for the plaintiff in any case, either civil or criminal, it must be shown to the defendant's attorney; and, before an instruction may be read for the defendant in any case, it must be shown to the plaintiff's attorney; and either party may object to the instructions given for the other before the same are read to the jury.

Sec. 3. The court may instruct the jury upon its own motion, but shall, before doing so, reduce its instruction or instructions to writing, and submit the same to the attorneys for both plaintiff and defendant for examination, and either plaintiff or defendant, or both plaintiff and defendant may object to the same before given.

Sec. 4. The court may amend the instructions of either party provided it consider them improper, and after such amendment and before giving same as amended shall show them to the attorney for the party who offered such instructions prior to such amendment; and the party whose, or any of whose instructions are so amended may object to such amendment, or amendments, and in case of such objection the court shall not give such amended instructions as upon the motion of the party so objecting to such amendment, or amendments, but shall specifically state to the jury that such amended instructions are given by the court upon its own motion.

Sec. 5. All instructions shall be read before the argument to the jury in the following order, to-wit the instructions given by the court upon its own motion if any, shall be read first; those given upon the motion of the plaintiff shall be read second, and in any event before the instructions for the defendant are read; and those given upon the motion of the defendant shall be read last; no instructions shall be read twice, unless it be necessary to read them after being changed as provided in section one of this chapter, or upon special request by the jury.

CHAPTER 39.

(House Bill No. 146.)

AN ACT to authorize the comparison of writings as evidence in any

civil suit or proceeding at law or in equity and in any criminal action or proceeding.

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Be it enacted by the Legislature of West Virginia:

Sec. 1. That in any civil suit or proceeding at law or in equity, and in any criminal action or proceeding, any writing proved to the satisfaction of the judge to be genuine, may be used with or without the testimony of witnesses for the purpose of making a comparison with a disputed writing as evidence of the genuineness or otherwise of such disputed writing.

CHAPTER 40.

(House Bill No. 104.)

AN ACT to amend and re-enact sections one, two and seven of chap

ter nine of the acts of one thousand eight hundred and ninetynine, relating to “The West Virginia Humane Society.

[Passed February 20, 1907. In effect ninety days from passage.

Governor, February 24, 1907.)

Approved by the

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Be it enacted by the Legislature of West Virginia:

That sections one, two and seven of chapter nine of the acts of one thousand eight hundred and ninety-nine be amended and reenacted so as to read as follows:

Sec. 1. There shall be and is hereby established a state board to be known as “The West Virginia Humane Society” for the protection of children and the helpless aged, and the prevention of cruelty to animals; said board shall consist of five reputable citizens, one of whom shall be from each of the five congressional districts, and may consist in part of women.

Sec. 2. The governor shall, on and before the fifteenth day of March, one thousand nine hundred and seven, nominate, and by and with the advice and consent of the senate, appoint from the first congressional district one member, from the second congressional district one member, from the third congressional district one member, and from the fifth congressional district one member, whose terms of office shall begin on the first day of April, one thousand nine hundred and seven, and continue respectively, one, three, four and five years. During the month of March in every year after the year one thousand nine hundred and seven, the governor shall nominate and by and with the advice and consent of the senate, appoint, to take the place of the member whose term shall next expire, one member of said board, whose term of office shall begin on the first day of April following his appointment and continue five years. The governor may in like manner fill any vacancy that may occur in the board, and any one appointed by him during the recess of the senate shall serve until the next session of the senate

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