the city of Wheeling, or by posting the same at the north front door of the court house of Ohio county in the city of Wheeling, West Virginia. At all meetings of the stockholders of said association each stockholder shall be entitled to one vote for every share of stock owned by him; such vote to be given either in person or by proxy.

Sec. 9. Leases, contracts, sales, deeds and conveyances, respecting the real estate of the association, when duly authorized by the board of trustees in general meeting, may be executed, acknowledged for record and delivered on behalf of the association by the president or any other person especially authorized by the said board of trustees.

Sec. 10. The stockholders may at any time in general meeting resolve to discontinue the business of the association, the majority of the capital stock being represented and voting in favor of such discontinuance; and may divide the property and assets that may remain after paying all debts and liabilities of the association. Notice of such resolution shall be immediately given by advertisement in some newspaper of general circulation, published near the principal office or place of business of the association, once in each week for four successive weeks at least, before any dividend of the capital shall be made; and the said resolution, together with the certificate of the publisher of the newspaper in which the notice was published, shall be certified by the president, under his hand and the common seal of the association, to the secretary of state. The secretary of state shall file the same in his office, and shall issue a certificate under his hand and the great seal of the state, reciting such resolution and certifying that the said notice was duly published. As soon as practicable after such resolution is passed, the stockholders shall cause ample funds and assets to be set apart, either in the hands of trustees or otherwise, to secure the payment of all debts and liabilities of the association; and any creditor who supposes his claim not to be sufficiently secured thereby, whether such claim be then due or thereafter to become due, may, on bill in chancery, if sufficient cause therefor be shown, obtain an injunction to prevent the distribution of the capital and a decree against any stockholder for the amount of the capital received by him; and, if necessary or proper in the case, the court may appoint a receiver to take charge of and administer the property and assets of the association.

(Senate Bill No. 202.)

CHAPTER 38.

AN ACT to amend and re-enact section twenty-two of chapter one hundred and thirty-seven, being serial section four thousand one hundred and twelve of the code of West Virginia:

(Passed February 21, 1913. In effect ninety days from passage. Governor, February 22, 1913.)

Be it enacted by the Legislature of West Virginia:

Approved by the

That section twenty-two of chapter one hundred and thirty-seven, being serial section four thousand one hundred and twelve of the code, be amended and re-enacted so as to read as follows:

Sec. 22. For receiving a person in jail, twenty-five cents, and the like sum for discharging him therefrom.

For keeping and supporting a person confined in jail, for each day, in the discretion of the court, a sum not less than thirty-five cents nor more than fifty cents.

For each person sentenced to work upon the county roads, the jailer may be allowed the sum of ten cents in addition to the amount hereinbefore authorized to be paid by the county court, for each day such person is employed on the county road and kept and supported by such jailer, outside of the county jail for said purpose of working the roads. Upon the affidavit of the jailer, the county court shall allow him, out of the county treasury, the amount actually paid for fuel, necessary in heating the jail.

For attendance upon the circuit and county courts, and acting as janitor of the court house, he shall be allowed not exceeding one hundred and fifty dollars per annum, to be ascertained and fixed by the county court and paid out of the county treasury.

In cases of felony and in case of misdemeanor the fees of the jailer shall be paid out of the county treasury, and in civil cases by the party at whose instance a person is committed to jail.

(Senate Bill No. 177.)

CHAPTER 39.

AN ACT to amend and re-enact sections one and two, respectively, of chapter fifty-one of the acts of the legislature of West Virginia passed February eleventh, one thousand nine hundred and five, limiting the amount of indebtedness of counties, cities, school districts and municipal corporations.

(Passed February 20, 1913. In effect from passage. February 24, 1913.)

Approved by the Governor

SEC.

1. Limit of indebtedness.

Be it enacted by the Legislature of West Virginia:

Sec. 1. No county, city, school district or municipal corporation, except in cases where such corporations have already authorized bonds to be issued, shall hereafter be allowed to become indebted, in any manner or for any purpose, to an amount, including existing indebtedness, in the aggregate exceeding two and one-half per centum on the value of the taxable property therein, to be ascertained by the last assessment for state and county taxes, previous to the incurring of such indebtedness; nor without at the same time providing for the collection of a direct annual tax sufficient to pay annually the interest on such debt, and the principal thereof within and not exceeding thirtyfour years; provided, however, that any city or municipal corporation of one thousand inhabitants or more is hereby authorized and allowed. to become indebted, notwithstanding anything in this act to the contrary, in an additional sum not to exceed two and one-half per centum on the value of taxable property therein, ascertained as aforesaid, for the purpose of grading, paving, sewering and otherwise improving the streets and alleys of said city or municipal corporation-the term "sewering" being used in a comprehensive sense so as to include mains, laterals, connections, traps, incinerating and disposal plants, and other necessary and convenient accessories to a modern, sanitary and efficient sewerage system; and, provided, further, that no debt shall be contracted under this section, unless all questions connected with the same shall have been first submitted to a vote of the people, and have received three-fifths of all the votes cast for and against the same; and, provided, further, that in all cases where like authority

is given to such cities or municipal corporations by their charters this section shall not apply.

Sec. 2. This act shall take effect from passage.

(Senate Bill No. 83.)

CHAPTER 40.

AN ACT to amend and re-enact section two of chapter sixty-six of the acts of one thousand nine hundred and nine, relating to the rate and manner of laying levies for taxation in counties, magisterial and school and independent school districts and municipal corporations.

(Passed February 8, 1913. In effect ninety days from passage. Vetoed by the Governor February 14, 1913. Passed over Governor's veto February 14, 1913.)

SEC.

2. County court shall ascertain condition of fiscal affairs; publish

SEC.

notice lay levy; may lay additional levy for road purposes.

Be it enacted by the Legislature of West Virginia:

That section two of chapter sixty-six of the acts of one thousand nine hundred and nine be and the same is hereby amended and reenacted so as to read as follows:

Sec. 2. At such sessions the county court shall ascertain the condition of the fiscal affairs of the county, and make up an itemized statement thereof, which shall set forth in detail:

(a) The amount due, and the amount that will become due and collectable from every source, except from the levy of taxes to be made for the year, during the current fiscal year, to the county as a whole and to the road fund and any other fund of any district of the county;

(b) The debts and demands owed by the county as a whole. and the debts and demands payable out of the road or other fund of any district thereof, including debts and demands that will become due and payable during the year by the county as a whole or out of the funds of any district thereof, including interest on any indebtedness, funded or bonded, or otherwise;

(c) All other expenditures under the several heads of expenditures to be made and payable out of the levy of the current fiscal year, whether by the county as a whole or out of the road fund or other fund of any district thereof, including cost of collection of taxes and

claims, and proper allowance for delinquent taxes and contingencies. The said statement shall also set forth the total amount necessary to be raised by the levy of taxes for the current year, the assessed value of the property assessed by the board of public works, the rate of such levy proposed on the property as a whole, and on the property in each district for district funds, and on the property in each municipal corporation. A copy of such statement duly certified by the clerk of the court, shall be published twice (at least one week intervening between the publications) in two newspapers of general circulation published in the county, and of opposite politics. If there be but one newspaper published in the county, the publication shall be made therein. The session shall then stand adjourned until the fourth Tuesday in August, at which time it shall convene; and it shall then be the duty of said court to hear and consider any objections made orally or in writing, by the prosecuting attorney, by the state tax commissioner or his representative, or by any taxpayer of the county, to said estimate and proposed levy, or item thereof. It shall be the duty of the court to enter an order of record showing the objections so made, setting forth the reasons and grounds for such objections. But the failure of any officer or taxpayer to offer objections as herein provided, shall not preclude him from pursuing any legal remedy, necessary to correct any levy made by any tribunal named in this act. After said objections have been made and heard, the court shall thereupon reconsider the proposed original estimate and proposed rate of levy; and if the objections thereto or any part thereof shall appear to be well taken, the court shall correct the same accordingly, and it shall thereupon be approved, and when approved, shall, with the order approving it, be entered by the clerk in the proper record book. The county court shall thereupon levy so many cents on every one hundred dollars of valuation of the taxable property in the county, according to the last assessment thereof, as will produce the amount shown by the statement approved necessary to be raised for county purposes during the fiscal year, and it shall levy so many cents on every one hundred dollars of valuation of the taxable property in any district of the county, according to the last assessment thereof, as will produce the amount shown by said statement necessary to be raised by taxation upon the property of said district during the fiscal year; provided, first, that the aggregate of the levies so made for county purposes and district purposes shall not exceed, for the year one thousand nine hundred and eight, in the county, or