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after be incorporated under said laws, shall be authorized and empowered to take by purchase, gift, devise or otherwise, land not to exceed five hundred acres for the purpose of establishing and maintaining homes or asylums for orphans, widows, aged and indigent members and independents, as prescribed in section two of this act, and in and under its corporate name may hold or dispose of said land under such regulations and restrictions as said grand lodge may prescribe for the uses and purposes as set forth in sections one and two of this act.

Sec. 5. Nothing in this act contained shall authorize the incorporation of any society or organization connected directly or indirectly with any church, religious sect or denomination, and nothing in this act contained shall authorize any society or organization, connected directly or indirectly with any church, religious sect or denomination to have or acquire any real estate.

CHAPTER 65.

(House Bill No. 5.)

AN ACT amending and re-enacting section twelve of chapter twen

ty-three of the acts of the extra session of the legislature of West Virginia of one thousand nine hundred and four.

(Passed February 12, 1907. In effect ninety days from passage.

Governor, February 20, 1907.)

Approved by the

SEC.

SEC.

12.

Roll of patients to be kept ; what

roll to contain ; expense of keep-
ing patients ; how paid; county
court to estimate and lay levy ;
duties of superintendent as to

lists of patients ; duty of auditor as to expenses ; relation of in. mates liable; money due county from state treasury applied on bill, etc.

Be it enacted by the Legislature of West Virginia:

That section twelve of chapter twenty-three of the acts of the extra session of the legislature of West Virginia of one thousand nine hundred and four, be amended and re-enacted so as to read as follows:

Sec. 12. The superintendent shall keep a roll or list of all patients in the asylum, showing as to each the name, age, disability or affliction from which he is suffering, the time admitted, the county from which he came or was sent, and the time during the preceding year he was in the asylum; the clerk of the county court

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of any county having patients in such asylum shall keep a list. The cost of providing buildings and lands for said asylum and of the maintenance of the same, and for board and supplies for the patients, the pay of the superintendents and all other employes, and all other proper and legitimate expenses of maintaining the same, shall be paid out of the state treasury appropriated for the purpose; but every county in the state shall, after the year one thousand nine hundred and five, refund to the state by paying into the state treasury fifty dollars per annum, or at that rate per annum for every epileptic, idiot or such other incurable defective admitted as a patient or inmate from such county, excepting, however, those admitted under the provisions of section sixteen of this act and not including such insane as may be inmates or patients; the insane patients or inmates to be governed by the same laws that govern the insane in the other asylums of the state. At every levy term of a county court it shall estimate for and levy a sufficient amount to meet all such expenses. The superintendent of the asylum, on or before the tenth day of January of each year, shall certify to the auditor a list of all the patients in the asylum during the whole or any part of the preceding year for which the coun. ties are to pay, showing together on such list, under the name of the county, the number from each county, and also showing as to each patient whether he was in the asylum the whole term or part thereof, and if only part thereof, what part; as soon as such list is received by the auditor he shall charge to each county on account of each of such patients who are in the asylum from such county for the whole of the year, fifty dollars, and on account of each of such patients from the county who are in the asylum for only part of such year, he shall charge the county for the time such patient was in the institution at the rate of fifty dollars for the year. Within ten days after the receipt of such list by the auditor he shall certify to the county court of every county in the state, a list of such patients for the county in the asylum during the year, whether the whole of the year or less, each patient was therein, the amount charged for each patient and the total amount charged on acount of all such patients; which statement and list shall constitute a bill against the county for the total amount thereof. Relations of any such inmates of the asylum shall be liable to the county court of the same degree and in the same order, when of sufficient means, for the amount paid for the maintenance and treat

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ment of such inmates as provided for the support of the poor by section fourteen of chapter forty-six of the code.

Whenever there is in the treasury of the state any sum of money due any county from any source, the same shall at once be applied on the bill aforesaid against the county, and the fact of such application of such fund shall be reported by the auditor to the county court of the county, which report shall be a receipt for the same.

CHAPTER 66.

(House Bill No. 31.)

AN ACT to amend sections six, nine and eleven of chapter one hun

dred and fifty of the code of one thousand eight hundred and ninety-nine, relating to the practice of medicine in this state, and to repeal section twelve of said chapter.

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Be it enacted by the Legislature of West Virginia:

Sections six, nine and eleven of chapter one hundred and fifty of the code of nineteen hundred and six, relating to the practice of medicine in this state, be and the same is hereby amended and re-enacted so as to read as follows:

Sec. 6. It shall be the duty of the county court to nominate and the state board of health to appoint, in each of the counties in this state, three intelligent and discreet persons residing therein, two of whom shall be citizens and one a physician qualified to practice medicine under the provisions of this chapter, and the persons so appointed, shall with the president of the county court and the prosecuting attorney for the county, constitute a local board of health for the county of their residence except as hereinafter otherwise provided; they shall hold their office for four years and until their successors are appointed, unless sooner removed from office by the state board of health; the physician of the local board shall be the executive officer of the board and the health officer of the county, and he shall, out of the treasury of the county receive a yearly salary to be fixed by the county court, and the other members of the local board shall be paid their expenses when actually employed; vacancies of the said board shall be filled by the state board for the unexpired term, upon the nomination of the county court; the said local board of health shall make and establish for their county, or for any district, or place therein, such sanitary regulations or rules as they may deem proper to prevent the outbreak and spread of cholera, small-pox, scarlet fever, diphtheria, tuberculosis and other endemic, epidemic, infectious and contagious diseases, any they or any of them may, except in the night time, in the performance of the duty imposed upon them, enter into or upon any house or premises and inspect the same, whenever they have reason to believe that such house or premises is in an unclean or infectious condition; and if any house or premises so inspected, is found in such condition as aforesaid, said local board of health shall direct and require the person in charge or occupying the same, if of sufficient means, to cleanse and purify same according to the sanitary rules and regulations made by the said board as aforesaid ; such local board shall enforce within their county all the lawful rules and regulations of the state board of health applicable to such county; it shall be the duty of every practicing physician in any county in which there is such local board of health to report promptly all or any diseases of the above named character under treatment by him, and said local board shall, once at least in every three months, report to the state board of health the character of all such infectious, contagious and epidemic diseases, the number of persons reported as infected with such diseases, naming the same; the action taken by the local board to arrest the progress of every such disease and the visible effects, if any, of such action.

It shall be the duty of the council of every incorporated city, town or village to nominate and the state board of health to appoint, in each incorporated city, town or village within this state, three intelligent and discreet persons of said city, town or village, one of whom shall be a practicing physician, if there be such physician within the corporate limits of said city, town or village, and the persons so appointed shall, with the mayor and city solicitor, if there be a city solicitor, constitute a local board for the city, town or village of their residence, whose duties and powers within the corporate limits of their said city, town or village and terms of office shall be the same as those of the local county board of health hereinbefore mentioned; the physician of the board shall be the executive officer of the board and health officer of the city, town or village and he shall, out of the treasury of the city, town or village receive a yearly salary fixed by the council of said city, town or village, and the other members of the board shall be paid their expenses when actually employed. The jurisdiction of the county board of health shall not extend thereto, but said city, town or village board of health shall be auxiliary to and act in harmony with the state board of health. When a vacancy shall occur in the membership of either of the local boards herein provided for either by the expiration of the term of office or otherwise, it shall be the duty of the county court or the municipal council, as the case may be, in the county or city, town or village in which the vacancy exists, at its next regular meeting after such vacancy shall occur to nominate and the state board of health to appoint a person to fill said vacancy, and if the said county court or municipal council fail or refuse to make said nomination at the time above specified it shall be the duty of the state board of health to appoint a person to fill said vacancy notwithstanding. Any person failing or refusing to perform any duty required of him by this section shall be guilty of a misdemeanor and fined not less than ten nor more than one hun- dred dollars.

Sec. 9. The following persons and no others shall hereafter be permitted to practice medicine in this state.

1st. All such persons as shall be legally entitled to practice medicine in this state at the time of the passage of this act.

2nd. All such persons as shall be graduates of a reputable medical college, recognized as such by the state board of health, who shall pass an examination before said state board of health and shall receive certificates thérefrom, as hereinafter provided. Provided, also, that the state board of health, or a majority of them, may accept in lieu of an examination, the certificate of license to practice medicine legally granted by the board of registration or

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