23 commissioners of each county shall, at the levy term of the coun24 ty court thereof, annually, and at any other time when required 25 by the circuit court of such county, without reference to party 26 affiliations, prepare a list of such inhabitants of the county, not 27 exempted as aforesaid, as they shall think well qualified to serve 28 as jurors, being persons of sound judgment and free from legal 29 exception, which list shall include not less than two hundred nor 30 more than six hundred persons. But the name of no person shall 31 be put on such list, who may have requested the jury commission32 ers, or either of them, by himself or another person, to have his 33 name placed on such list. Before entering upon the discharge of 34 their duties, the jury commissioners shall take and subscribe an 35 oath to the following effect: 39 I, A..... ) ss: do solemnly swear that I 40 will support the constitution of the United States and the consti41 tution of this state and will faithfully discharge the duties of 42 jury commissioner to the best of my skill and judgment, and that 43 I will not place any person upon the jury list out of fear, favor 44 or affection." 45 The said oath shall be taken before the clerk of the circuit 46 court who is hereby authorized to administer the same, and filed 47 and preserved by him in his office. There shall also be two jury 48 commissioners for every court of limited jurisdiction, who shall 49 be appointed by said courts, or the judges thereof in vacation, re50 spectively, and whose terms of office and compensation shall be 51 the same as the jury commissioners for the circuit courts. The 52 same powers conferred and duties imposed by this chapter upon 53 the circuit courts, or the judges thereof in vacation, and upon the 54 clerks and jury commissioners of the circuit courts, are hereby 55 conferred and imposed upon every court of limited jurisdiction 56 and the judges thereof respectively, and upon the clerks and jury 57 commissioners of said courts of limited jurisdiction. CHAPTER 78. (Senate Bill No. 57.) AN ACT to amend and re-enact section six of chapter one hundred and twenty-one of the code of West Virginia, relating to motions for judgment for moneys due on contract, and to provide for sworn pleadings in connection with such proceedings. [Passed February 15, 1915. In effect ninety days from passage. Governor February 25, 1915.] Approved by the be served and what to contain ; if plea uled be admitted judgment may be taken for sum due, and trial for residue; motion docketed not discontinued by reason of no docketing or no order of continuance. Be it enacted by the Legislature of West Virginia: That section six of chapter one hundred and twenty-one of 2 the code of West Virginia, (serial section number four thousand. 3 seven hundred and twenty-six), be amended and re-enacted so 3 as to read as follows: Section 6. Any person entitled to recover money by action on 2 any contract may, on motion before any court which would have 3 jurisdiction in an action, otherwise than under the second section 4 of the one hundred and twenty-third chapter of this code, ob5 tain judgment for such money after twenty days' notice, which 6 notice shall be returned to the clerk's office of such court fifteen 7 days before the motion is heard. In any such motion, if the 8 plaintiff shall file with his notice, and shall serve upon the defend9 ant at the same time and in the same manner as the notice is 10 served, an affidavit by himself, or his agent, stating distinctly 11 the several items of the plaintiff's claim, and that there is, as the 12 affiant verily believes, due and unpaid from the defendant to the 13 plaintiff upon the demand or demands stated in the notice, in14 cluding principal and interest, after deducting all payments, 15 credits and sets-off made by the defendant, or to which he is en16 titled, a sum certain to be named in the affidavit, no plea shall be 17 filed in the case unless the defendant shall file with his plea the 18 affidavit of himself, or his agent, that there is not, as the affiant 19 verily believes, any sum due by the defendant to the plaintiff upon 20 the demand or demands stated in the plaintiff's notice, or stating 21 a sum certain less than that stated in the affidavit filed by the 22 plaintiff, which, as the defendant, or his agent, verily believes, is 23 all that is due from the defendant to the plaintiff upon the de24 mand or demands stated in the plaintiff's notice. If such plea 25 and affidavit be filed by the defendant and it be admitted in such 26 affidavit that any such sum is due from the defendant to the 27 plaintiff, judgment may be taken by the plaintiff for the sum so 28 admitted to be due, with interest thereon from the date of the 29 plaintiff's affidavit until paid, and the case tried as to the residue. 30 A motion under this section, which is docketed under the first 31 section of chapter one hundred and thirty-one of this code, shall 32 not be discontinued by reason of no order docketing the same upon 33 the return day thereof, or of no order of continuance being entered 34 in it from one day to another, or from term to term. CHAPTER 79. (Senate Bill No. 65.) AN ACT authorizing proof by affidavit of demands for money due on contract, in civil,actions before justices of the peace, founded upon accounts. [Passed February 15, 1915. In effect ninety days from passage. Governor February 22, 1915.] Approved by the for sum stated, with interest; if answer of defendant denies sum due, trial to be proceeded with as if affidavit had not been filed; if any sum admitted judgment may be taken and trial as to residue; nothing to preclude continuance under section 58 of chapter 50 of the code. Inconsistent acts repealed. Be it enacted by the Legislature of West Virginia: before a Section 1. That in every civil action 2 justice of the peace upon an account for money due 2-a on contract, where the plaintiff has filed with the jus3 tice on or before the return day of the summons, a com4 plete statement of the items of his account, together with 5 an affidavit stating that there is, as he verily believes, due and 6 unpaid to him from the defendant, including principal and irter7 est, after deducting all payments, credits and sets-off made by the 8 defendant, and to which he is entitled, a sum certain to be named 9 in the affidavit, no answer shall be filed before the justice, unless 10 the defendant shall file with his answer, his affidavit stating that 11 there is not, as he verily believes, any sum due from him to the 12 plaintiff upon the demand or demands stated in said summons: or 13 stating a sum certain less than stated in the affidavit, which, as he 14 verily believes, is all that is due from him to the plaintiff upon the 15 demand or demands stated in the summons. If such answer and 16 affidavit be not filed, judgment shall be entered for the plaintiff by 17 the justice for the sum stated in his affidavit, with interest thereon 18 from the date of the affidavit till paid. And if such answer and 19 affidavit be filed by the defendant, and it be denied in such affidavit 20 that any sum is due the plaintiff, the trial of the case shall be 21 proceeded with as if the affidavits hereinbefore mentioned had not 22 been filed. If it be admitted in such affidavit that any sum is due 23 from the defendant, judgment may be taken by the plaintiff for 24 the sum so admitted to be due, with interest thereon from the date 25 of plaintiff's affidavit till paid, and the case tried as to the residue. 26 But nothing herein contained in this act shall be so construed as to 27 preclude the defendant from demanding of right a continuance of 28 the case under the provisions of section fifty-eight of chapter fifty 29 of the code of West Virginia. Sec. 2. All acts and parts of acts inconsistent herewith are 2 hereby repealed. CHAPTER 80. (Senate Bill No. 7.) AN ACT to empower the courts of this state to release upon parole or probation certain minor offenders from punishment, or imprisonment, and providing conditions for such release and parole. [Passed January 28, 1915. In effect ninety days from passage. Approved by the February 4, 1915.] SEC. age of twenty-one years is con- SEC. 2. pear and receive judgment when called upon; court may also make special directions as to payment of costs. Court may at any time issue process for apprehension of offender if conditions of recognizance violated, and impose sentence. Inconsistent acts repealed. Be it enacted by the Legislature of West Virginia: Sec. 1. In any case in which a person under the age of 2 twenty-one years is convicted before a court of this state, of any 3 offense not capital, if it appears to the court before whom he 4 or she is so convicted, regard being had to the youth, character 5 and environments of the offender, to the nature of the offense, 6 and to any extenuating circumstances, under which the offense 7 was committed, that it is expedient that the offender be released on 8 probation of good conduct, the court may, instead of sentencing 9 him or her at once to any punishment, direct that he or she be 10 released upon his or her entering into a recognizance, conditioned 11 to keep the peace and be of good behavior, with or without se12 curity, as the court may see fit, for such period of time as the 13 court may prescribe, and to appear and receive judgment when 14 called upon. And the court may, if it thinks fit, direct that 15 such offender shall pay the cost of prosecution, or any portion 16 of the same, directed by the court, within such period, and in 17 such installments as the court may direct. Sec. 2. The court may at any time within such period of 2 release or probation, but not afterwards, upon being satisfied by 3 information on oath, that the offender has failed to observe any 4 of the conditions of his recognizance, isssue process for his ap5 prehension, and thereupon without any further proceedings, at any 6 general or special term of court, impose sentence upon him 7 or her as provided by law, the same as if this statute had not 8 been enacted. 9 All acts or parts of acts in conflict herewith are hereby re 10 pealed. CHAPTER 81. (Senate Bill No. 102.) AN ACT to amend and re-enact section six (serial section five thousand five hundred and twenty-two) of chapter one hundred and fifty-six of the code of West Virginia of one thousand nine hundred and thirteen, as amended and re-enacted by chapter seventynine of the acts of the legislature of one thousand eight hundred and eighty-two, concerning bail. |