notice of election judge thereof in vacation, shall cause a notice of such Judge to cause Vacancy in the Office of Commissioner and Clerk of the sioner, clerk of justice or con 9. Vacancies in the office of county commissioners and Vacancy in the clerk of the county court, justices of the peace and cons-office of commistables shall be filled by the county court of the county county court, until the next general election, at which election every stable; how such vacancy shall be filled by a vote of the people for the filled. unexpired term; of which election to fill such vacancy, a Notice to be notice shall be given as directed by the next preceding given. section, except that notice of an election to fill a vacancy Exception as to in the office of justice of the peace or constable shall not constable. be published in a newspaper. Vacancy in the Office of Prosecuting Attorney, Sheriff, Surveyor of Lands and Assessor. justice and office of prosecuting attorney. How filled. lands or assessor. 10. A vacancy in the office of prosecuting attorney, hap- vacancy in the pening after the last general election before the expiration of the term of office of such attorney, shall be filled by the circuit court of the county, or judge thereof, for the unexpired term; otherwise it shall be filled by said court or judge until the next general election; and a vacancy so Vacancy in the happening in the office of sheriff, surveyor of lands, or office of sheriff, assessor, shall be filled by the county court for the unex- surveyor of pired term; otherwise it shall be filled by the said county How filled. court until the next general election. At which general Where appointelection every vacancy shall be filled by a vote of the elections to be people, where an appointment has been made, as afore- general election. said, from the next general election, for the unexpired Prosecuting term. A notice of every such election of prosecuting at of election for torney, shall be given by order of the circuit court, or the to be given by judge thereof in vacation, and of the election of a sheriff, court. surveyor of land, or an assessor, by the order of the lands and assescounty court or the president thereof in vacation, as pre- sor; notice by scribed in the eighth section of this chapter. Bonds of Officers Appointed. ments made bad at next attorney; notice order of circuit Surveyor of county court. required, by 11. The bond, if any be required by law to be given by Bond, if the person appointed as aforesaid, shall be approved by whom approved. the court, or judge making the appointment, and be in such penalty as said court or judge may direct. Expenses of Publication of Notices. publication of 12. All expenses incurred for the publication of notices Expenses of under the provisions of this chapter, shall be audited by notices; how the county court and paid out of the county treasury. paid. Words "county court" construed. Inconsistent acts repealed. 13. The words "county court," when used in this chapter, shall be construed to mean and include every tribunal heretofore established and now existing in any county, for police and fiscal purposes, in lieu of the county court. Laws Repealed. 2. All acts and parts of acts inconsistent with the provisions of this chapter are hereby repealed. [Appproved March 11, 1881.] [NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.] The foregoing act takes effect from its passage, twothirds of the members elected to each house, by a vote taken by yeas and nays, having so directed. CHAPTER XI. AN ACT to amend and re-enact chapter one hundred and eighteen of the Code of West Virginia, relating to the probate of wills, and the appointment and qualification of personal representatiues, guardians, committees and curators, during the recess of the regular sessions of the county courts. [Passed March 8, 1881.] Be it enacted by the Legislature of West Virginia: 1. That chapter one hundred and eighteen of the Code Code amended. of West Virginia be and the same is hereby amended and re-enacted so as to read as follows: Clerks of county courts. May appoint appraisers. Admit wills to record. Appoint executors, adminis CHAPTER CXVIII. Of the Probate of Wills, the Appointment of Appraisers of the 1. The clerk of any county court during the recess of the regular sessions of such court, may appoint appraisers of estates of decedents, admit wills to record, appoint and quality executors, administrators, guardians, curators and committees, and require and take from them the necessary bonds in the same manner and with like effect, for the time being, as the said county court could do if in sesdetermined by sion, but no contest as to such probate or appointment shall be heard or determined by such clerk. trators, etc. No contest to be clerk. Appointment, &c., to be Reported to County Court-Proceed ings therein. 2. The probate of every will, and the appointment of etc., to be therein. every appraiser of the estate of a decedent, executor, ad- Appointment, ministrator, guardian, curator and committee so made by reported to such clerk, shall be reported by him to the next regular county court. session of the county court, when, if no objection be made. thereto, the court shall confirm the same. But if objec- Proceedings tions be made by any person interested, the county court shall hear and determine the same, and shall proceed in relation thereto in the same manner as if the application for the probate of such will, or the appointment of such appraiser of the estate of a decedent, executor, administrator, guardian, curator or committee had been made to said court. And the court may make from time to time, pending such proceedings, such orders as it may deem necessary for the protection and safe-keeping of the estate of the testator or intestate, Confirmation of Action of Clerk-Its Effect. action of clerk; 3. When the probate of such will, or the appointment Confirmation of and qualification of such appraisers of estates of decedents its effect. or the appointment of such executor, administrator, guardian, curator or committee is confirmed by the court, with or without contest, the same shall be held and treated in all respects, as if the will had been admitted to record, or the appointment had been made by the county court in the first instance. In Case of Contest Prevailing Party to Recover Costs. j' test prevailing 4. When objection is made to the action of the clerk, In case of conas mentioned in the second section of this chapter, the party to recover party prevailing in the trial of such objections, shall re- costs. cover from the opposite party his costs. 2. All acts and parts of acts inconsistent with this act be Acts repealed. and the same are hereby repealed. [Approved March 11, 1881.] [NOTE BY THE Clerk of the House of DelegaTE3.] The foregoing act takes effect from its passage, twothirds of the members elected to each House by a vote taken by yeas and nays, having so directed. CHAPTER XII. AN ACT to revive, amend and re-enact chapter twentynine of the Code of West Virginia, concerning the assessment of taxes. [Passed March 12, 1881]. Be it enacted by the Legislature of West Virginia :] 1. That chapter twenty-nine of the code of West Virginia Code revived and amended. Assessment county, and the number of assessors to be elected. be, and the same is hereby revived, amended and reenacted so as to read as follows: CHAPTER XXIX. ASSESSMENT OF TAXES. Number of Assessors-Assessment Districts. 1. There shall be two assessment districts in each of the districts in each counties of Barbour, Berkeley, Cabell, Fayette, Greenbrier, Hampshire, Harrison, Jackson, Jefferson, Kanawha, Lewis, Lincoln, Mason, Marion, Marshall, Mineral, Monongalia, Monroe, Ohio, Preston, Randolph, Ritchie, Roane, Summers, Taylor, Upshur, Wetzel, Wood and Wayne. Every other county shall constitute one assessment district, and the voters of each county shall hereafter elect one assessor for every district therein. County court may change lines of districts. Magisterial districts not to be divided. Authority of assessor confined to his district; exception. How assessors office. 2. When there is more than one district in a county, the county court may, by order, lay off and change the boundary between such districts; but in laying off or changing the said boundary, no magisterial district shall be divided. 3. The authority and duty of an assessor shall not extend beyond his district, except to grant license for a privilege which may lawfully be exercised in or out of the the district. Removal of Assessors on Complaint of the Auditor. 4. The auditor shall communicate to the county court removed from of the county, any instances of misconduct or official neglect on the part of any assessor of such county, and any evidence of his incompetence, which may appear from the books and papers in the auditor's office; and the court shall proceed to investigate the same, and may remove the assessor from office, pursuant to the seventh section of the seventh chapter of this Code. Auditor to furnish and instruc tions. Forms and Instructions to be Furnished by the Auditor to 5. The auditor shall prepare and forward to the assessors Assessor forms printed forms for the personal property books, and also for the lists of taxable subjects to be furnished by assessors to persons chargeable with taxes. He shall also, by letter or printed circular, give such instructions to the assessors respecting their duties as may seem to him judicious; and if any assessor fail to obey such instructions so far as they are not contrary to law, he shall forfeit not less than ten nor more than thirty dollars. Penalty for failure to obey instructions. Books and Papers of His Predecessor. 6. The assessor shall apply for the official books and pos Books and papers of papers which his predecessor had, to the person in session thereof; and it such person fail or refuse to de- predecessors. liver the same, he shall forfeit one hundred dollars. Penalty for failure or when official How substitutes 7. The auditor, on being informed that such official Duty of auditor books and papers cannot be obtained, may authorize the books cannot assessor to procure substitutes therefor, or copies thereof, be obtained. and the person furnishing the same shall be paid such fee or copies paid therefor, out of the county treasury, as the county court may decin reasonable. Clerk to Make out Land Books; Correction of Mistakes Therein. for. year 1881; how deliver copy to attend at office assessor. 8. The land books for every county shall, in the year Land books for one thousand eight hundred and eighty-one, be made out made out. by the clerk of the county court of the county and the assessor of each assessment district therein, acting together, as to the land books of such district; and it shall be the duty of every such assessor, immediately after the passage Assessor to of this chapter, as amended, to deliver one copy of the clerk of county land books in his possession for the year one thousand court. eight hundred and eighty-one to the said clerk, to enable him to discharge the duties required of him by this chapter. Every such assessor shall attend at the office of the Assessor to clerk of the county court of his county in said year for of clerk of such time as may be necessary to make out, with the as- county court. sistance of said clerk, the land books of his district in time to have said books before the county court at the session When book to be completed. thereof at which it lays the county levy. Said clerks and Compensation assessors shall each receive a reasonable compensation for of clerk and the work done by him in making out said books, to be fixed by the county court and paid out of the county treasury. In making said land books for said year they shall be governed, as to the value of the lands and lots in such Rule for making assessment district, by the land books first made out in pursuance of the last re-assessment of the real estate made throughout the state, except so far as such re-assessment was corrected by the county court within the time prescribed by the act under which the same was made, and they shall disregard all changes made by the county court in the value of any tract or lot of land since the expiration of the time fixed by said act in which such change could legally be made. In other matters they shall be guided, as far as practicable, by the last land books made out for such district, but they shall correct all errors and Corrections to mistakes which they may find therein as to the names of made, etc. the persons properly chargeable with taxes on any tract or lot, and charge the same to the person properly chargeable with such taxes, and shall correct all errors and mistakes as to the number of acres properly chargeable to such person or otherwise. Mistakes in the land books, as made out and delivered to the sheriff in this or any other year, may be corrected by the county court of the county out land book. be made; how |