7 prosecuting attorney of the county in which the offense was com8 mitted, any violations of this act and all failures to comply there9 with, and it shall be the duty of the prosecuting attorney in any 10 county in which such offense is committed to prosecute the same.

CHAPTER 37.

(House Bill No. 191.)

AN ACT amending and re-enacting section two of chapter eight of the acts of one thousand nine hundred and three of the legislature of West Virginia, as now contained in section ten of chapter fiftyfour-c, (serial section 3185) of the code of West Virginia of one thousand nine hundred and thirteen, providing for the investigation of the affairs of corporate sureties before the acceptance of such, and for the requiring of bond with new surety in certain cases.

[Passed February 20, 1915. In effect ninety days from passage. Approved by the Governor February 26, 1915.]

receiver, duty of court, etc. upon application, to require new bond within not exceeding sixty days, and copy of order to be served on principal; publication in case of non-resident or not found; duty of principal as to new bond, and action of court if order is not complied with exceptions as to state, county, district or municipal officer; no new liability to accrue under said bond, and unearned premiums to be refunded; costs, except of inspection, to be paid by person in interest.

Be it enacted by the Legislature of West Virginia:

That section two of chapter eight of the acts of one thousand nine hundred and three as now contained in section ten of chapter fifty-four-c (serial section 3185), of the code of West Virginia of one thousand nine hundred and thirteen, be amended and re-enacted so as to read as follows:

Section 10. That whenever any company, wherever incor2 porated, is offered as surety to any court, or the clerk thereof, 3 or to any board upon which is devolved by law the duty of ap4 proving such bond, the said court, or board, may, at its discre

5 tion, upon the application of any person interested, appoint a 6 suitable person to investigate the affairs and management of the 7 company so offered, who shall report to such court or board the 8 manner in which the investments of such company are made and 9 the security offered to those by or for whom its engagements are 10 held; and the expenses of such investigation shall be defrayed 11 by the applicant, unless the investigation shall show the last 12 quarterly statement of the company, as provided for in section 13 four of said chapter fifty-four-c, to be false and misleading, in 14 which case the expenses of such investigation shall be borne by the 15 company. If at any time it shall be made to appear to 16 such court or board by any person interested that the insurance 17 commissioner of this state has revoked the authority of such 18 company to act as such surety on bonds in this state, or that 19 such company has lawfully withdrawn from the business of be20 coming surety on bonds in this state, or is in process of liquidat21 ing its surety business in this state, or is in the hands of a 22 receiver, then it shall be the duty of such court or board, upon 23 the application of the principal, said surety, or any person in 24 interest, to require any person who has given such bond to exe25 cute a new bond within a reasonable time, not exceeding sixty 26 days from the date of service of such order as hereinafter pro27 vided, as such court or board may fix by order entered of record, 27-a the penalty of which bond shall be fixed by said court or board, 28 and a copy of such order shall be served upon the principal 29 in such bond, if such principal be a resident of this state, but if 30 he be a non-resident, or if the return of an officer of the county in 31 which such principal last resided in this state shows that he is 32 not found, then a copy of such order shall be published once a 33 week for two successive weeks in some newspaper of general 34 circulation in the county in which such bond was given and such 35 order shall also be posted at the front door of the court house of 36 said county. It shall then be the duty of such principal, within 36-a the period of time fixed by such order, to give such new 36-b bond with surety or sureties as required by law. If such 37 bond be not given within sixty days, or other period fixed in 38 said order, from the date of service, or from the date of the last 39 publication, as the case may be, of such order, then such court or 40 board shall, in the case of all bonds, except bonds given by some

41 state, county, district or municipal officer, and may in its discretion 41-a in the case of bonds given by any state, county, district or munic42 ipal officer, enter an order terminating the authority of such prin43 cipal to perform any duties or exercise any powers in connection. 44 with which such bond was given and from and after the entry of 45 said order terminating authority, no new liability shall accrue un46 der said bond. Any unearned premium shall be refunded by such 47-49 company upon the entry of said order.

50 The costs of any proceedings under this section shall be 51 paid by any person or persons in interest as such court or board 52 may order, except the costs of inspection herein above provided

53 for.

CHAPTER 38.

(Senate Bill No. 170.)

AN ACT to amend and re-enact chapter ninety-six of the acts of the session of one thousand eight hundred and eighty-two, (serial section 2889 of the code of one thousand nine hundred and thirteen), prescribing a method of procedure in equity for the dissolution of a corporation or joint stock company on application of not less than one-fifth in interest of the stockholders.

[Passed February 20, 1915. In effect ninety days from passage. Governor March 3, 1915.]

Approved by the

found or in which property may be, setting forth grounds of application, and court may proceed according to equity to hear matter; action to be taken if sufficient cause be shown; this section to have a retrospective as well as a prospective effect.

Be it enacted by the Legislature of West Virginia:

That chapter ninety-six of the acts of the session of the year one thousand eight hundred and eighty-two be and the same is hereby amended so as to read as follows:

Section 1. If not less than one-fifth in interest of the stock2 holders of a corporation desire to wind up its affairs, they may 3 apply by bill in chancery to the circuit court of the county in

4 which the principal office or place of business of such corporation 5 is situated, or if there be no such office or place of business in this 6 state, to the circuit court of the county in which the other stock7 holders, or any one or more of them reside or are found, or in 8 which the property of such corporation or any part of it may be, 9 setting forth in the bill, the grounds of their application, and 10 the court may thereupon proceed according to the principles and 11 usages of equity to hear the matter, and if sufficient cause, to de12 cree a dissolution of the corporation, and make such orders and de13 crees, and award such injunctions in the cause as justice and equity 14 may require; and this section shall have a retrospective as well as 15 a prospective effect, and be construed accordingly.

CHAPTER 39.

(House Bill No. 211.)

AN ACT relating to payment of moneys into the state treasury and making appropriations of moneys paid in.

[Passed February 4, 1915. In effect ninety days from passage. Approved by the Governor February 11, 1915.]

Be it enacted by the Legislature of West Virginia:

Section. 1. All moneys received by state officers, commissions 2 and boards from any source shall be paid into the state treasury 3 at least once each month. All of said moneys which are by law 4 authorized to be expended by said officers, commissions and boards, 5 and all moneys paid into the state treasury through the state 6 board of control are hereby appropriated out of the treasury. 7 The appropriations herein made shall be drawn from the treasury 8 upon the requisitions of the proper officer, or officers, made upon

9 the auditor at such times and in such amounts as are needed 10 for the purposes of any of the institutions, officers, commissions 11 and boards for which such moneys are received. But no moneys 12 received on account of one institution, commission, officer or fund, 13 shall be used for any other institution, commission,.officer, or 14 fund, or contrary to a specific requirement of law. All moneys 15 on hand and received by state officers, commissions or boards not 16 having an office at the state capital, shall be paid into the state 17 treasury through the state board of control.

Sec. 2. This act shall go into effect July first, one thou2 sand nine hundred and fifteen. Section five hundred and forty3 eight of the code of one thousand nine hundred and six, shall 4 not apply to this act.

Sec. 3. All acts and parts of acts inconsistent with this 2 act are hereby repealed.

CHAPTER 40.

(House Bill No. 285.)

AN ACT to provide for an annual report of all financial transactions of the state and to eliminate the same from the separate reports now required.

[Passed February 20, 1915. In effect ninety days from passage. Approved by the Governor February 26, 1915.]

Be it enacted by the Legislature of West Virginia:

Section 1. The chief inspector of public offices shall at the end 2 of each fiscal year cause to be compiled and printed in pamphlet 3 or book form a report of the financial transactions of the state 4 covering all state departments, officers and boards; said report 5 shall show among other things all sources of revenue and all pur6 poses for which money is expended, and shall be submitted to the 7 governor for transmittal to the legislature.