so held, and thereto certify by order entered of record, and thereby the said county court shall be held to have duly registered and listed the voters in such county, district and independent districts wherein such special elections are held; but in no case shall the court erase the name of any voter until he shall have had five days' notice of the application to strike his name from such registration list, and he shall have the right to rebut any evidence produced against him, and shall have his name restored to said list if improperly stricken therefrom. From the decision of the county court an appeal may be taken by the voters or either of the registrars or any voter of said county, to the circuit court of said county, and from the decision of the circuit court an appeal may likewise be taken to the supreme court of appeals. In no case shall the clerk enter any name on the list of registered voters, or strike any name therefrom, except by order of the county court entered of record. And any person who shall enter any name upon the registration lists or omit any name from the registration list without an order of the court, entered of record so directing, he shall be guilty of a felony, and upon conviction he shall be confined in the penitentiary not less than one nor more than three years for each offense.

Sec. 10. The clerk of the county court shall furnish one copy of said registration books to the election commissioners of the respective voting precincts, with the ballot boxes and other election supplies to be used by them in the conduct of the election in their said voting precincts. Provided, that in case of special elections in the county, district and independent districts of the county, instead and in lieu of such registration books, the clerk of the county court shall furnish a certified list of the voters of the respective precincts, as listed and registered by the county court for such special election, to the election commissioners of the respective voting precincts, with the ballot boxes and other election supplies to be used by them in the conduct of the election in their said voting precincts; for which services in case of special election the county clerk shall receive two cents a name for each copy so furnished by him to be allowed by the county court payable out of the treasury of the county, district or independent district wherein is held such special election.

This act shall take effect from its passage, and all acts and parts of acts inconsistent herewith are hereby repealed.

(House Bill No. 294.)

CHAPTER 27.

AN ACT to provide for the protection of elk.

Be it enacted by the Legislature of West Virginia:

Sec. 1. That no person shall hunt, chase, wound or kill any elk in this state at any time for a period of fifteen years from and after the passage of this act; provided, that the owner of any elk, which shall be kept in any park or field, sufficiently enclosed to reasonably prevent their escape therefrom, shall have the right to kill any elk of his own; and, provided, further, that such owner may pursue, recapture or kill any of his elk that may escape from his enclosure.

Any person violating any provision of this act shall be guilty of a felony, and on conviction thereof shall be confined in the penitentiary not less than six months nor more than five years.

(House Bill No. 345.)

CHAPTER 28.

AN ACT to amend and re-enact sections eighteen and twenty-one of chapter sixty-three of the code, relating to the registration of physicians and accoucheurs, the report of births and deaths, and the fees to be paid for such reports.

(Passed February 18, 1913. In effect ninety days from passage. Approved by the Governor February 19, 1913.)

18. Registration of physicians and ac- 21. Fee for making reports, if they coucheurs; reports of births state all the facts required.

and deaths; forms.

Be it enacted by the Legislature of West Virginia:

That section eighteen of chapter sixty-three of the code be amended and re-enacted so as to read as follows:

Sec. 18. Every physician and accoucheur shall register his name.

and post office address with the clerk of the county court of the county in which he resides, and with the clerk of the county court of every other county in which he intends to practice. Such clerk shall keep a separate book in which shall be registered the names and post office addresses of physicians and accoucheurs, which book shall always be open to inspection without fee. Every physician and accoucheur shall report every birth and death that may come under his supervision to the clerk of the county court of the county in which it may happen, stating in case of a birth, the time and place, the name of the child, and the names of the parents; in case of a death, the time and place, the name of the decedent and the cause of death, and in either case, such additional facts as may be required by the board of health, which report shall be made upon a blank form to be prepared by the board as hereinafter provided and in accordance with such instructions as may be given by it.

And that section twenty-one of chapter sixty-three of the code be amended and re-enacted so as to read as follows:

Sec. 21. Every person making a report, under the provisions of sections eighteen, nineteen and twenty shall for every such report. receive the sum of twenty-five cents to be paid out of the county treasury; provided, all such reports so made shall be full and complete and shall state all of the facts required by said section, and unless such reports do so state all of said facts so required, no fee shall be allowed or paid therefor.

(House Bill No. 367.)

CHAPTER 29.

AN ACT to amend and re-enact section eleven, chapter seven (serial section one hundred and eighty-seven of one thousand nine hundred and six code) of the code of West Virginia, relating to the appointment of deputy sheriffs.

(Passed February 21, 1913. In effect ninety days from passage. Approved by the Governor February 24, 1913.)

SEC. 11.

Clerk of court may appoint deputy: sheriff or assessor may appoint deputy shall be entered of record; deputy required to take oath; sheriff may appoint deputy with the consent of the circuit court; not lawful to ap

SEC.

or

point deputy to act as guard or watchman for individual, firm nor corporation, appoint deputy to act for or represent as officers of the law any individual, firm or corporation.

Be it enacted by the Legislature of West Virginia:

Sec. 11. The clerk of any court may, with the consent of such court, or the clerk of the supreme court of appeals, or of a circuit, may, with the consent of the judge or judges thereof in vacation, appoint any person his deputy. And the clerk of the county court of any county in which now exists a tribunal for police and fiscal purposes, established under the thirty-fourth section of the eighth article of the constitution of this state, may appoint any person his deputy. A sheriff, surveyor of lands or assessor, may, with the consent of the county court, appoint any person his deputy. Such consent shall, in every case, be entered of record, and such appointment by the clerk of the county court in a county where now exists such tribunal as aforesaid, shall be entered of record. Every deputy so appointed shall take the same oath his principal is required to take, and may, during his continuance in office, discharge and perform any of the official duties of his principal, and any default or misfeasance in office of such deputy, shall be deemed a breach of the conditions of the official bond of his principal. And when in the opinion of the circuit court the public interests require it, a sheriff may, with the consent of the said circuit court, appoint any person his deputy.

But it shall not be lawful for any of the aforesaid officers of this state to appoint any deputy or deputies to act as, or perform any duties in the capacity of guards or watchmen for any private individual, firm or corporation, nor shall the above named officers be authorized to appoint any person or persons as deputy or deputies to act for or to represent, in any capacity, as officers of the law, any individual, person, firm or corporation.

All acts or parts of acts inconsistent herewith are hereby repealed.

(House Bill No. 397.)

CHAPTER 30.

AN ACT to amend and re-enact section one of chapter fifty-six of the code of one thousand nine hundred and six, relating to the board of public works.

(Passed February 15, 1913. In effect ninety days from passage. Approved by the Governor February 18, 1913.)

SEC.

1. Board of public works, how constituted.

Be it enacted by the Legislature of West Virginia:

Sec. 1. The governor, secretary of state, auditor, superintendent of free schools, treasurer, attorney general and commissioner of agriculture, shall be and constitute a corporation under the style of "the board of public works."

(Senate Bill No. 16.)

CHAPTER 31.

AN ACT authorizing the board of trustees of the Point Pleasant monument to expend money in preserving and improving the monument, grounds and buildings thereon.

(Fassed February 21, 1913. In effect from passage. February 22, 1913.)

Approved by the Governor

Shall appoint treasurer who shall give bond, etc.: trustees make report annually.

Be it enacted by the Legislature of West Virginia:

to

Sec. 1. That the board of trustees of the Point Pleasant monument, now in office, or who may hereafter be appointed by the governor, be and they are hereby authorized and empowered to preserve, repair and improve the Point Pleasant monument, the grounds and any buildings thereon under their control, out of any money in their hands, or that may hereafter come into their hands, received from rents, donations, appropriations or otherwise.

Sec. 2. That the trustees shall appoint one of their number treasurer, who shall give bond in the sum of ten thousand dollars, with good security to be approved by the governor, to account for and pay over all moneys coming into his possession as such treasurer, and all money received by the trustees shall be turned over to such treasurer. The trustees shall annually make a written report to the board of public works, showing by items the amount expended on said monument, grounds and buildings and for what purpose the same was expended.