CHAPTER XXXII. AN ACT to amend and re-enact sections five and six of chapter one hundred and eight of the Acts of one thousand eight hundred and seventy-seven. [Passed March 14, 1881.] Be it enacted by the Legislature of West Virginia: amended. 1. That the fifth and sixth sections of chapter one Acts of 1877 hundred and eight of the acts of eighteen hundred and seventy-seven, approved February twenty-seven, one thousand eight hundred and seventy-seven, entitled, "an act amending and re-enacting chapter thirty-three of the code of West Virginia," be amended and re-enacted so as to read as follows: theatrical per 5. The state tax on every license for theatrical perform- License tax for ances in a city with a population of twenty thousand or formances. more, shall be twenty dollars; in a city or town with a population of more than ten thousand, but less than twenty thousand, ten dollars; and in a city or town with a population less than ten thousand, five dollars for each week; and no such license shall be issued for any fraction of a week; Provided, That a theater, opera house or other Proviso, as to permanent public show, shall have license to exhibit for other public three months for fifty dollars, or six months for seventy- shows. five dollars, or one year for one hundred dollars; Provided, Proviso, as to That the provisions of this section shall not apply to literary literary, dramatic or benevolent societies, where they do etc. not give exhibitions outside of their county. theatre, etc. and associations, to exhibit 6. The state tax on every license to exhibit a circus shall Tax on license be forty dollars for each exhibition; on a license to ex- circus; hibit a menagerie, twenty dollars for each exhibition; and menagerie, etc. on a license to exhibit any other public show, five dollars for each exhibition. [Approved March 17, 1881.] [NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.] Commence The foregoing act takes effect at the expiration of ninety ment. days after its passage. Section 7, CHAPTER XXXIII. AN ACT to amend and re-enact section seven and to repeal section nine of chapter one hundred and eight of the acts of one thousand eight hundred and seventy seven. [[Passed March 14, 1881.] Be it enacted by the Legislature of West Virginia: 1. That section seven of chapter one hundred and eight amended, and of the acts of one thousand eight hundred and seventyseven, be and the same is hereby amended and renacted so as to read as follows: section 9, repealed, acts 1877. Tax on seal of state. Section 9, acts 7. There shall be a state tax of one dollar whenever the seal of the state is affixed to any paper. 2. That section nine of chapter one hundred and eight 1877, relating to of the acts of one thousand eight hundred and seventyseven be and the same is hereby repealed. tax on deeds, etc. repealed. Inconsistent acts repealed. Commencement. 3. All acts and parts of acts inconsistent with this act are hereby repealed. [Approved March 16, 1881.] [NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.] The foregoing act takes effect at the expiration of ninety days after its passage. CHAPTER XXXIV. AN ACT to amend and re-enact chapter one hundred and twenty-nine of the code, in relation to the appointment of commissioners and proceedings on accounts referred to them, and to repeal chapter one hundred and thirtyeight of the acts of one thousand eight hundred and seventy-two and three, and chapter ninety-six of the acts of one thousand eight hundred and seventy-seven. [Passed March 14, 1881.1 Be it enacted by the Legislature of West Virginia : 1. That chapter one hundred and twenty-nine of the code of West Virginia is hereby amended and re-enacted so as to read as follows: CHAPTER CXXIX. APPOINTMENT OF COMMISSIONERS AND PROCEEDINGS ON AC- commissioners. commissioners. 1. Each circuit court, and every court of limited juris- Courts to diction now existing, or which may hereafter be estab- appoint lished for any incorporated town or city, shall, from time to time, appoint commissioners for executing its orders and decrees and for settling accounts of fiduciaries, with power to take depositions, and to swear and examine wit- Power of nesses, and certify their testimony. Each county court, Commissioners and the clerk of the county court in all counties within to settle which there exists a separate tribunal for police and fiscal fiduciaries, etc.; purposes, created under article eight, section thirty-four, how appointed. of the constitution of one thousand eight hundred and seventy-two, shall, from time to time, appoint commissioners for settling accounts of fiduciaries, with power to take depositions and to swear and examine witnesses and certify their testimony. accounts of 2. Every such commissioner, before proceeding to act, Oath prescribed. shall take an oath to faithfully and impartially discharge his duties. Number of 3. Not more than four commissioners shall be appointed commissioners by any court herein before named, and not more than one to be appointed. commissioner shall be appointed by the clerk mentioned One commissonin the first section, but authority to appoint four commis- er to be appointed by sioners by each court, and to appoint one commissioner clerk etc by every such clerk, and to fill any vacancy that may occur, is hereby given. ence heretofore 4. Every order of reference, heretofore or hereafter Order of refermade by any court, may be proceeded with and finally re- made; how proported upon by the commissioner appointed in the prem-ceeded in. ises, and such report may be recommitted to the said com- Report may be missioner, or any other, for other and final report. recommitted. referred to 5. Accounts to be taken in any case shall be referred to Accounts to be a commissioner so appointed, unless the parties interested taken must be agree that they be referred to some other person. Every commissioners, commissioner shall examine and report upon such accounts and matters as may be referred to him by any Commissioners court. unless parties agree otherwise. duty. Notice; how 6. The court, ordering an account to be taken, may direct that notice of the time and place of taking it may given, etc. be published, once a week for four successive weeks, in some convenient newspaper, and that such publication shall be equivalent to personal service of such notice on the parties, or any of them. 7. Any judge of a circuit court, or of a court of limited jurisdiction for any incorporated town or city, may in vacation, on motion of any person interested, make an Judge may in vacation order account be taken. Notice in writing to be served upon the opposite party Commissioner may submit point to court or judge for instruction. Commissioner may adjourn proceedings from day to to day, etc. When report to be retained in in his office for ten days, etc. order in any cause pending in his court at any time after process has been duly served on the defendant, or such of them as may appear to be interested in the subject matter upon which the commissioner is to report, or at any time after such defendants have entered their appearance in such cause, referring the same to a commissioner for the purposes of stating any proper account, or reporting upon any matter on which it is proper there should be a commissioner's report in said cause. But no such order of reference shall be made in any cause until reasonable notice, in writing, has been served upon the opposite party, or his attorney, of the time and place of making such motion. 8. A commissioner who doubts as to any point which arises before him, in taking an account to be returned to any court, may in writing submit the point to such court, or the judge thereof, who may instruct him thereon. 9. A commissioner may adjourn his proceedings from time to time, after the day to which notice was given (without any new notice), until his report is completed; and when it is completed, unless it is otherwise ordered by the court, or agreed by the parties, he shall retain it ten days for their examination. Any party, without being at the expense of taking a copy, may inspect the report and file exceptions thereto; and the commissioner shall, with his report, return the exceptions, and such remarks thereon as he may deem pertinent, and the evidence relating thereto. But any party may except to When excepted such report at the first term of the court to which it is returned, or by leave of court after said term. Exceptions thereto. to. What must be returned with report. How report made out. 10. With his report the commissioner shall return the decrees, orders and notices under which he acted. He shall not copy in his account or report any paper; and if there has been a previous account, he shall not copy it into his report, but, taking it as the basis of his, correct the errors and supply the defects thereof by an additional statement. Everything improperly copied into a commissioner's account shall be expunged at his costs, on the apWhen commis- plication of either party; and if on account of his negli sioners to pay gence or misconduct a report be recommitted, he shall bear the costs occasioned thereby. costs, etc. 11. A cause may be heard on a commissioner's report at any time after it is returned, whether such return was made before or after the commencement of the term of court at which such hearing is desired to be had. But the court may, in its discretion, require the party desiring a hearing to give reasonable notice to the opposite party or his attorney. 2. Chapter one hundred and thirty-eight of the acts of one thousand eight hundred and seventy-two and three, and chapter ninety-six of the acts of one thousand eight hundred and seventy-seven, are hereby repealed. [Approved March 16, 1881.] [NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.] The foregoing act takes effect at the expiration of ninety Commencement days after its passage. CHAPTER XXXV. AN ACT providing a method for constructing and keeping in repair county roads. [Passed March 12, 1881.] Be it enacted by the Legislature of West Virginia: adopt road law. 1. The voters of any county in this state may, as here- Voters of any inafter provided, adopt the method of constructing and county may keeping in repair the county roads of said county provided in this act. question sub 2. The county court upon petition having been pre- When and how sented to it, signed by at least one hundred voters of said mitted to voters county, shall, at the next ensuing session thereof, order of county. that the said method of constructing and keeping in repair the county roads of said county, shall be submitted to the voters of the county for ratification or rejection, at the next ensuing election held throughout the county. ballot. lots rejected for in 3. The voting upon said question shall be by ballot, and Voting to be by those voting for said road system shall have written or printed on their ballots "For the new road law," and those what written or voting against said road system shall have written or printed on balprinted on their ballots "Against the new road law," but no ballot shall be rejected, in ascertaining the result of said No ballot to be election at any place of voting, because all of said words formality. are not written or printed thercon, if it sufficiently appear what the voter intended. The said election at each place Elections, how of voting shall be conducted and returned, and the result turned and the thereof ascertained by the officers conducting the election result asccerprovided to be held on said day. held and re tained. sult to be signed 4. When the result of said election at every place of Certificate of revoting is ascertained as aforesaid, the commissioners and by commissionconductor, or any two of them, shall sign a certificate of ers. the result thereof, to the following effect: "We, the un- Form of certifi-、 dersigned, who acted as commissioners (or commissioners cate. and conductor as the case may be) of the election held at in the district of in the county of on the 37 Acts. |