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any irregularities or violations of this act which he may call to the attention of the president, cashier or board of directors, he shall have authority to take charge of such institution and shall report at once such insolvency, irregularity or violation to the governor, and shall have the power, with the consent of the governor, to appoint a competent person as receiver of such institution, who shall take charge of the books, moneys, records and assets of every description of such institution, and collect all debts, dues and claims belonging to it, and upon the order of a court of competent jurisdiction may sell or compound all bad or doubtful debts, and on like order may sell all its real and personal property on such terms as the court may direct, and, if necessary to pay its debts, may enforce the individual liabilities of its stockholders. A suit for such purpose may be instituted against such institution and its stockholders either in the name of such receiver or the commissioner of banking, in the circuit court of the county in which its banking house or office is located; provided, however, that before any such receiver shall take charge of any moneys or assets of any such institutions he shall give bond in such penalty as the governor shall prescribe, with sureties to be approved by the governor, conditioned for the faithful discharge of his duties as such receiver and the paying over as required by law cr directed by order of court of all moneys and assets which shall come into his hands as such receiver; such bond shall be made payable to the state of West Virginia, and shall be filed in the office of the commissioner of banking, aná suits or actions thereon may be brought by any person injured by reason of any breach of its conditions in any court of competent jurisdiction.

Call Statements.

VIII. Every bank operating under the provisions of this chapter shall make to the commissioner of banking not less than four reports each year, corresponding as to time as nearly as possible to the calls made by the comptroller of the currency on the national banks, according to the form that may be prescribed by him, verified by the oath or affirmation of the president or cashier of said bank and attested by the signatures of at least three of the direc

Each report shall exhibit in detail, and under appropriate heads, the resources and liabilities of the bank at the close of business on any past day by him specified, and shall be transmitted to the aforesaid commissioner within five days after the receipt of a request or requisition therefor from him; and in the same form in which it is made to the commissioner shall be published in a newspaper published in the place where the bank is situated, or if there is no newspaper in the place, then in one published nearest thereto in the same county, at the expense of the bank, and such proof of publication shall be furnished as may be required hy said commissioner.

Certificate of Authority. IX. When any bank authorized by this chapter desires to begin business, it must notify the commissioner of banking, who shall at his earliest convenience make a personal examination of its affairs, and shall ascertain whether fifty per centum of its capital stock has, in good faith been actually paid in, and whether all the other provisions required to be complied with, before commencing the business of banking have been carefully observed; having satisfied himself that all the conditions precedent have in good faith been complied with, the said commissioner shall then issue to such bank, under his hand and official seal, a certificate of authority reciting that such examination has been made and that the bank is authorized to commence business; which certificate shall be conspicuously displayed in the principal business room of the bank; but the commissioner may withhold from any association his certificate authorizing the commencement of business whenever he has reason to suppose that the stockholders have formed the same for any other than the legitimate objects contemplated in this act. The president, cashier and directors, of any bank that shall receive deposits before the certificate of authority contemplated in this section has been issued, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than five hundred dollars and, at the discretion of the court, imprisoned in the county jail not less than three nor more than six months.

('ollection of ('apital Stock. X. All banks which have not collected the full amount of their capital stock shall collect the same as provided in section seventyeight of this chapter; and on receipt of each installment the president or cashier of such bank shall transmit to the commissioner of banking a statement of the fact, verified by his oath and attested by the signatures of at least three of the directors.

Compensation of Commissioner.

XI. For making such examination and for preparing and preserving all records and reports contemplated in this act, the said commissioner shall be paid the sum of two thousand five hundred dollars per annum salary and necessary expenses out of the state treasury, by proper warrant drawn by the auditor upon the treasurer, and the assistant commissioner of banking shall receive eighteen hundred dollars per annum salary and necessary expenses, payable upon like warrants. There shall be paid by each of said banks or other institutions examined, to the state, as follows: —if the total assets are less than one hundred and fifty thousand dollars, fifteen dollars; if one hundred and fifty thousand dollars and less than two hundred and fifty thousand dollars, twenty dollars; if two hundred and fifty thousand dollars and less than five hundred thousand dollars, twenty-five dollars; if five hundred thousand dollars and less than one million dollars, thirty dollars; if one million dollars or over, thirty-five dollars; and said commissioner of banking shall collect all such fees and cover the same into the state treasury; provided, that building and loan associations, when the total assets are less than one hundred thousand dollars, are to pay ten dollars, if one hundred thousand dollars or over, twenty dollars.

Commissioner's Report.

XII. On or before the first day of December, the said commissioner shall make out, and submit to the governor, a careful and complete report, of all work done by his department, showing the total resources and liabilities of all the banks, subject to his supervision, the increase or decrease for the year in such resources and liabilities, carefully noting any failures that may have occurred, stating the causes thereof, and making such remarks, suggestions and recommendations as he may deem pertinent; which report the governor shall bind with his message and documents and lay before the legislature.

Verification of Report.

XIII. The report provided for in the next preceding sub-section of this chapter, shall be verified by the affidavit of said commissioner, who shall swear that in making the examination and in

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spection of each of the banks and other institutions provided for in this act, he has personally and carefully inspected the books, papers and affairs of said banks, and other institutions, and that in no case has he received or agreed to receive directly or indirectly any reward, gift, or promise thereof, from any bank officer or individual other than that specified in this act.

Other Institutions Subject to this Provision.

XIV. It is further expressly provided that all savings banks, co-operative banking associations, and all trust, title insurance, guaranty, surety and indemnity companies doing a banking business, and all other companies of similar character, whether heretofore or hereafter organized under the laws of this state, shall be subject to the provisions of this law, so far as it is applicable to them, and to the extent that the said commissioner, annually, or oftener if necessary, make a thorough examination of their books, papers, and affairs, and see that the laws under which they are operating are being carefully observed; and in case he finds that such institutions are being improperly conducted he shall proceed against them after the manner specified in subdivision seven of section eighty-one of this chapter.


(House Bill No. 188.)

AN ACT to amend and re-enact sections five, six, seven, ten, twelve,

thirteen, fourteen, fifteen, seventeen, eighteen, nineteen, twenty, twenty-eight, twenty-nine, thirty, thirty-one, thirty-six, thirtyeight, forty-eight, forty-nine, fifty-two, fifty-three, fifty-seven, fifty-nine, sixty-four, sixty-five, sixty-seven, sixty-eight, seventyone, seventy-two, seventy-six, seventy-seven, seventy-eight, seventy-nine, eighty, eighty-one, eighty-six, one hundred and twentynine, one hundred and thirty and one hundred and thirty-two of chapter twenty-nine of the code of West Virginia as last amended and re-enacted by chapter four of the acts of one thousand nine hundred and four, and chapter thirty-five of the acts of one thousand nine hundred and five, relating to the assessment of taxes.

(Passed February


1907 In effect · ninety days from passage. Approved by the Governor February 22, 1907.)

Sec. 5. 6.




13. 14.




Reports of state tax commissioner. Assessment district; one assessor

elected in each; when elected; bis term of office; qualitication

of assessor; his place of office. Assistant assessors ; nunber to be

appointed ; qualification. Compensation to be pald assessor

and assistants; how fixed and

paid. Assessments to have reference to

the first day of January ; to be assessed at its true and actual value; time annual assessments

are to be made. Repealed. Assessors to call upon all persons

liable to assessment; when; taxpayers to furnish full and correct list of all property held by them to assessor and when ;

duty of assessor as to such list. The

assessor and assistants empowered to administer oaths; form of oath to be

made by property owners. Assessors and assistants to hold

meetings; at what time; for what

purpose ; notice to be given; clerk of county court to

sit as advisory member. Board of review and equalization ;

by whom appointed; qualitication of board; compensation ; term of office;

removals; how made and

tilled; oath of office; time and place of meetings to be held; duty of board; assessors and assistants to attend sessions of board ; clerk of county court shall be ex oflicio clerk of the board ; his duty as clerk ; notice 01 meetings to be published ; expenses of publication to be paid out of county treasury; taxpayers given right to apply for

relief. Tax commissioner to report mis

conduct or neglect of duty of certain officers; to whom; duty

of court; penalty. State tax commissioner to furnish

forms, etc., to assessors; also to give instructions ; penalty if assessor fail to obey instruc

tions. Duty of every circuit court and

municipal court as to judgments and decrees respecting lands; duty of clerk of county courts as to wills recorded in his office devising lands lying in another county ; duty of auditor as to land grants issued


nished clerks of city or town councils; also to secretary of boards of education ; by whom; when and what to show; such statements to be taken as the proper valuation of property liable for taxation for municipal

purposes; duty of clerks, 48. 1 Form of land books; town lots ; 19. tracts of land.

Assessors to ascertain all persons

and personal property subject to .

taxation; when. 53. Duty of assessor and his assist

ants to see every person in his county who is liable to

taxation; assessor to collect capitation tax; his power to collect delinquent capitation tax; time for making settlements with the auditor and sherifi; assessor to make report to county court; what to contain ; duties of county court as to delinquent capi. tation tax; assessor's bond to be fixed by the county court; state tax commissioner to furnish all tickets, forms and blanks ; penalty if assessor fail

to turn over moneys. 37. Property exempt from taxation. 39. Capitation tax; who shall be

listed to pay. 61. In what district personal property

to be listed. 03. Valuation of credits and invest

ments; how estimated or rated

for taxation. 67. What may be deducted; duty of

assessor and his authority to administer oaths; penalty for

making false statements. OS. Duty of assessor to list all personal property : when

list real and personal property. 71. Forms of oath to be subscribed






by the state.
('ounty court clerks to furnish as-

sessor certified list of all trans-
fers of title to land in his
county; when and for what per-

iod; what such lists to contain.
Real estate purchased for the

state to be kept on the land
books ; duties of the auditor and
officer whose duty it is to make

out the land books.
(ertified statements to be fur-

and Sworn to; penalty for re

fusing to verify list. 70.

Toll bridges and ferries ; how as

sessed. 77.)

Certain incorporated companies ;

how assessed; form of oath to be attached to statement, proviso as to real estate and value of personal property; duty of

assessor after receiving verified 78. report. 79. Banks and trust companies; how

assessed. 80. Capital of merchants and other

individuals or firms used in trade or

business; how assessed: form of oath to be subscribed to; proviso as to value

of real estate. Si. l'ersons or firms commencing bus

iness after the beginning of the

assessment year; their duties, S6,

In the case of any bridge upon

which a separate toll or t'are is charged such return shall

show, etc. 129. ) Relief against

taxes erroneously 130.

assessed, etc.

II. Time of assessment.
III. Inconsistent acts repealed.


30. 31.



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