4 articles of incorporation, constitution, or by-laws, or any other 5 change materially affecting any statement or representation made 6 in his or their statement filed under section one hereof, unless 7 he or they first prepare and file with the auditor of the state, a 8 duly verified supplemental statement, setting forth clearly and con9 cisely all material facts in connection with the change, which 10 said supplemental statement shall be subject in all respects to 11 the provisions of section one hereof in like manner as the original. Sec. 11. Any person or persons mentioned in section six 2 of this act, and operating within the scope of sections one and two 3 of this act, may appoint one or more agents, but no agent shall 4 act, or attempt to act for or in behalf of his principal, until he 5 shall have first registered with the auditor as such agent, and 6 for each registration, such person or persons shall pay to said 7 auditor a registration fee of two dollars. Such registration shall 8 authorize the agent to represent such person or persons so register9 ing him until the first day of July following, unless the registra10 tion is theretofore cancelled and recalled by such person or persons, 11 or by the auditor, for failure to comply with the provisions of 12 this act, authority for which revocation or cancellation is hereby 13 given to such person or persons and to said auditor.

Sec. 12. Every person, or persons mentioned in section six of 2 this act, and operating within the scope of sections one and two 3 of this act, shall file at the close of business on June thirtieth 4 of each year, and at such other times as may be required by the 5 auditor, a sworn statement in such form as may be prescribed 6 and furnished by the auditor, setting forth his or their financial 7 condition, the amount of assets and liabilities, and such other 8 information as the auditor may require. Every regular statement 9 of June thirtieth shall be accompanied by a filing fee of two dol10 lars, and if such person or persons fail, neglect or refuse to file 11 his or their regular statement within fifteen days from said date, 12 or to file any other special report herein provided for within 13 thirty days from receipt of request therefor, then the right of such 14 person or persons to transact business in this state shall be deemed 15 to be in abeyance during the continuance of such delinquency.

Sec. 13. The auditor shall have general supervision and 2 control over any person or persons mentioned in section six of 3 this act, residing or doing business in this state, engaged in secur

4 ing subscriptions for, or in the issuance, transfer, sale, promotion, 5 negotiation or distribution of any speculative securities, and every 6 such person or persons shall be subject to examination by said 7 auditor, or by his duly authorized deputies, at any time he may 8 deem it advisable. The rights, powers and privileges of the 9 auditor in making such examinations shall be the same as now 10 provided with reference to the examination of insurance companies 11 by the insurance commissioner, and such person or persons shall 12 pay the expense of such examination, and their failure or refusal 13 to pay upon the demand of the auditor shall work a forfeiture of 14 their right to do business in the state.

Sec. 14. Any person or persons mentioned in section six of 2 this act shall keep proper records and books of accounts in a busi3 ness-like and intelligent manner, which shall be open to the in4 spection of stockholders and investors in their stocks or securities.

Sec. 15. Whenever it shall appear to the auditor that any 2 person or persons who have complied with the provisions of this 3 act are insolvent, or are conducting their business in such manner. 4 as to jeopardize the interests of creditors or investors, or whenever 5 they shall fail, neglect or refuse to file any circulars, papers, state6 ments, prospectuses, documents or other advertising matter or re7 ports, or to pay any of the fees required or provided for by this act, 8 without satisfactory reason therefor, the auditor may report the 9 facts to the attorney general, or to the prosecuting attorney having 10 jurisdiction, who shall at once make an investigation of the case 11 and institute such proceedings in law or in equity in the name 12 of the state, in any circuit court having jurisdiction, as may be ap13 propriate to enforce the provisions of this act, and to protect the 14 interests of stock and bondholders and other creditors and in15 vestors. The jurisdiction of the circuit court shall extend to the 16 enforcement of any proper remedy now existing for the protection 17 of any creditor, stockholder, bondholder, or other person bene18 ficially interested, and the suit, action or proceeding may be 19 brought in any county in which any one or more of the parties 20 reside, or in Kanawha county.

Sec. 16. Should the courts of this state declare any section 2 or provision of this act unconstitutional or unauthorized, or in 3 conflict with any other sections or provisions of this act, then such 4 decision shall affect only the section or provision so declared to be

5 unconstitutional or unauthorized, and shall not affect any other 6 section or part of this act.

Sec. 17. All corporations, companies, associations, partner2 ships and individuals now holding the statement or license of the 3 auditor, under chapter fifteen, acts one thousand nine hundred 4 and thirteen, shall be deemed to have complied with the provisions 5 of this act.

Sec. 18. All expenses and fees herein provided for shall be 2 collected by the said auditor and shall be accounted for and turned 3 into the state treasury, and the amount of the expenses and fees 4 so turned into the state treasury are hereby re-appropriated to the 5 said auditor for the purpose and in an amount sufficient to pay the 6 cost and expense of carrying this act into effect; and the said 7 auditor is hereby authorized to appoint an additional clerk, if the 8 same shall be found by him to be actually and absolutely neces9 sary to carry this act into full force and effect. All money actually 10 and necessarily paid out, or expenses incurred by the said auditor 11 or any clerk under his direction, under this act, shall be paid by 12 the state treasurer out of such sums for expenses and fees received 13 under this act, upon the state auditor's warrants, to be issued upon 14 vouchers containing an itemized account of the salaries or ex15 penses for which the same are issued.

16 All expenses and fees which have been collected by the auditor 17 under the provisions of chapter fifteen of the acts of one thousand 18 nine hundred and thirteen, and now remaining in the state 19 treasury, are hereby appropriated to the said auditor for the pur20 poses of this act.

Sec. 19. "Person or persons" as used in this act, shall in2 clude any person, co-partnership, association, domestic corporation 3 or foreign corporation.

Sec. 20. Any person or persons, violating any of the pro2 visions of the preceding sections of this act, for which no specific 3 penalty is provided, shall be fined not more than five hundred dol4 lars, or imprisoned in the county jail for not more than thirty 5 days, or both at the discretion of the court.

Sec. 21. Chapter fifteen of the acts of one thousand nine 2 hundred and thirteen, and all acts and parts of acts in conflict 3 herewith are hereby repealed.

CHAPTER 19

(House Bill No. 54.)

AN ACT to amend and re-enact serial section 5234, section thirtyone-a one, chapter one hundred and forty-five of the code of one thousand nine hundred and thirteen, relating to trespassing on railroad cars or trains.

Be it enacted by the Legislature of West Virginia:

That serial section 5234, section thirty-one-a one, chapter one hundred and forty-five of the code of one thousand nine hundred and thirteen, relating to trespassing on railroad cars or trains, be amended and re-enacted so as to read as follows:

Section 31-a-1. That if any person, not being a passenger 2 or employee, shall be found trespassing upon any railroad car or 3 train of any railroad in this state, by jumping on or off any car 4 or train while in motion, on its arrival, or departure at or from 5 any station or depot of such railroad, or on the passage of any 6 such car or train over any part of any such railroad, such person 7 so offending shall be deemed a disorderly person, and on convic8 tion as such, shall be punished by a fine not exceeding twenty-five 9 dollars, or by imprisonment in the county jail not exceeding thir10 ty days, or both. Justices of the peace shall have concurrent jur11 isdiction to try all offenders under this section.

CHAPTER 20

(House Bill No. 65.)

AN ACT extending the times within which, and the terms upon which, railroad companies heretofore organized under the laws of this state since the first day of January, one thousand nine hundred and two, may commence the construction of their roads, if such construction has not already been commenced, and complete the same and put them in operation, whether heretofore begun or not.

[Passed February 11th, 1915. In effect ninety days from passage. law without the Governor's approval.]

Became a

ence to cease upon failure to comply with provisions of this act; certain railroad corporations exempt where requirements have been complied with. Inconsistent acts repealed.

Be it enacted by the Legislature of West Virginia:

Section 1. Any railroad company heretofore organized under 2 the laws of this state since the first day of January, one thousand 3 nine hundred and two, which shall have heretofore spent, or 4 which shall hereafter, and within two years from the passage of 5 this act, actually and in good faith spend, upon the construction 6 of its road, twenty per centum of its stock actually subscribed 7 and shall also within five years after the passage of this act com8 plete and put in operation its road, then and in every such case, 9 the corporate existence, franchises and powers of such railroad 10 company shall be and remain the same as though the provisions of 11 section sixty-six of chapter seventeen of the acts of one thousand 12 eight hundred and eighty-one had been fully complied with by 13 such company, and no forfeiture of judgment of ouster shall be 14 rendered against said company by reason of its failure to comply 15 with said section. But if any of said railroad companies have not 16 heretofore spent, or shall not within two years from the passage of 17 this act, spend in good faith, upon the actual construction of its 18 road twenty per centum of its subscribed capital, and shall not 19 finish its railroad and put it in operation within five years from 20 the passage of this act as aforesaid, its corporate existence and 21 powers shall cease; except that if any such corporation shall have, 22 within the time limited by this act, constructed a portion of its 23 road and put the same, or some part thereof so completed, into 24 actual operation, its corporate powers and rights shall be preserved 25 as to all of the said road so completed and in operation. But this 26 shall not be construed to prevent railroad corporations, organized 27 prior to one thousand nine hundred and two, which have heretofore 28 filed location of their line, have paid to the state of West Virginia 29 the license taxes due and have constructed a portion of said rail30 road, from exercising their corporate powers and from completing 31 said railroads as located within five years from this date.