attorneys; cer cute or defend (as the case may be) all actions, suits and Prosecuting proceedings in which his county, or any district therein is tain duties reinterested, without additional compensation Construction of Certain Words. quired of, with out additional pay. certain words. 50. The words "county court," when used in this chap- Construction of ter as to matters pertaining to the police and fiscal affairs of the county, shall extend to and include all tribunals heretofore established and now existing in any county for police and fiscal purposes under the thirty-fourth section of the eighth article of the Constitution of the State, as adopted in the year one thousand eight hundred and seventy-two. And the words "clerk of the county court," when used in this chapter, where such words are used in connection with matters pertaining to police and fiscal affairs of the county, shall extend to, and include the clerk of such tribunal for police and fiscal purposes. Acts Repealed. 2. All acts and parts of acts inconsistent with the provisions of this chapter are hereby repealed. [Approved February 21, 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. Acts epealed. CHAPTER VI. AN ACT amending and re-enacting chapter eighty-four of the Code of West Virginia, relating to the transfer of property in this State belonging to decedents, wards, insane persons or cestui que trust in another State or country. [Passed February 24, 1881.] Be it enacted by the Legislature of West Virginia: 1. Chapter eighty-four of the Code is hereby amended and re-enacted so as to read as follows: CHAPTER LXXXIV. Codo amended. Transfer of ciled out of the 1. The stock, bonds, or certificates of debt of this State, property of a deand of any corporation created by it, standing in the name cedent domiof a decedent, domiciled at the time of his death out of this State at his State, and who is not known by the officer or agent charged made, etc. 6 Acts. Affidavit to be filed in such cases. with the duty of transferring such stock or certificates to have a personal representative qualified as such within the same, may be transferred by the executor or administrator of such decedent, qualified according to the laws of the domicil, when affidavit shall have been filed as prescribed in the next section. 2. There shall be filed with such officer or agent as is mentioned in the preceding section, the affidavit of some credible person that notice of the proposed transfer has posed transrer; been published once a week for two weeks in some news Notice of pro how and for what time. paper published in the county in which are kept the books upon which the transfer is proposed to be made, and was posted at the front door of the court house of such county two weeks before the time of making such affidavit. But Notice for bid if before such transfer be actually made, a notice in writing forbidding the same be served on such officer or agent, such transfer only shall be made as would have been lawful if this and the preceding section had not been enacted. ding such transfer; what then. Transfer of property of inperson residing fant or insane out of State; how made and when. Transfer of property of infants, insane or cestui que trust, invested in this State, where such infants, etc., re State; how and when. 3. When any minor or insane person, entitled to property or money in this State, resides out of it, on the petition of a guardian or committee, lawfully appointed or qualified in the State or country of his residence, the circuit court of the county in which the estate may be, may order the guardian or committee in this State, if there be one, to pay and deliver to such foreign guardian or committee, or his agent or attorney, all personal property and money in his hands, belonging to said ward or insane person, and authorize such foreign guardian or committee to sue for, recover and receive all money or personal property which may belong to his ward or insane person, including the accruing rents of his real estate, in like manner as if he were appointed a guardian or committee of such ward or insane person in this State, and remove the same to the State or country in which the said foreign guardian or committee was appointed and qualified. 4. When the proceeds of sale of real estate of an infant, insane person or cestui que trust, under the laws now in force, are invested, or required to be invested, under the direction of a court, and such infant, insane person or cestui que trust reside out of this State, on the petition of a side out of the guardian, committee or trustee, lawfully appointed or qualified in the State or country of the residence of such infant, insane person or cestui que trust, the court under whose directions such proceeds are invested, or required to be invested, may, with the consent of the persons residing in this State who would be the heirs of such infant, insane person or cestui que trust, if he were dead, order the said proceeds to be paid and delivered to such foreign guardian, committee or trustee, or his agent or attorney, and removed by him to the State or country in which he was grant payer of such transfer. appointed and qualified; provided, that whenever, in the When court judgment of the court, the removal of the trust subject may refuse to will defeat or conflict with the provisions of the deed, will petition for or other instrument creating the trust, the court may refuse to grant the prayer of the petition. No such order shall be made until there is done what is required by the fifth and seventh sections of this chapter to authorize an order under the third section. not to be made, 5. No such order shall be made until notice of the appli- Such order cation shall have been published once a week for four suc- until, etc. cessive weeks in a newspaper; nor until it shall be shown by authentic documentary evidence that such foreign guardian or committee has, where qualified, given bond with surety sufficient to insure his accountability for the whole amount of the ward's or insane person's estate in his hands, or, which will probably be received by him as such guardian or committee; nor until the court shall be satisfied that the removal of such money or property from this State will not impair the rights or be prejudicial to the interests of the ward or insane person or of any other per son. personal estate having benefi are non-resi 6. When any personal estate in this State is vested in a Transfer of trustee resident therein, or who acts by virtue of a deed, vested in truswill or other instrument recorded or probated therein, and tee, when those those having the beneficial interest in the said estate are cial interests non-residents of this State, the circuit court of the county dents; how in which the said trustee may reside, or in which such made. estate may be, may, on a petition or bill in equity filed for that purpose, order him or his personal representative to pay, transfer and deliver said estate, or any part of it, to a non-resident trustee, appointed by some court of record in the State in which the said beneficiaries reside. to be made, until, etc. 7. No such order shall be made in the case of a petition Such order not until notice of the application shall have been given to all persons interested in such trust estate; nor until the court shall be satisfied, by authentic documentary evidence, that the non-resident trustee appointed as aforesaid, has given bond, with sufficient security, for the faithful execution of the trust; nor until it is satisfied that the payment and removal of such estate out of the State will not prejudice the right of any person interested or to become interested therein. of ward, insane person, etc., 8. If in any proceeding under the third or sixth sections Sale of property of this chapter, it shall appear to the court to be proper, it may order the property, or any part of it, to be sold, may be ordered and the proceeds to be paid to the foreign guardian or committee, or non-resident trustee. aud proces transferred. 9. When any guardian or committee, trustee, or other Resident guarperson shall pay over, transfer or deliver any estate in his dian, etc., prohands or vested in him, under any order or decree made decree. tected by such in pursuance of this chapter, he shall be discharged from all responsibility therefor. [Approved March 7, 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. Code amended, etc. Appointment poor. CHAPTER VII. AN ACT amending and re-enacting chapter forty-six of the Code of West Virginia, concerning the poor. [Passed March 5, 1881.] Be it enacted by the Legislature of West Virginia: 1. That chapter forty-six of the Code of West Virginia be and the same is hereby amended and re-enacted so as to read as follows: CHAPTER XLVI. OF THE POOR. Appointment of Overseers of the Poor. 1. The county court of every county shall, at its levy of overseers of term, in the year 1881, and at the same term in every second year thereafter, appoint for each magisterial district. in the county, an intelligent and discreet voter residing therein as overseer of the poor for said district for the Term of office. term of two years. The overseers of the poor now in Vacancies, how filled. Oath of office. County court hereafter to perform of overseers of poor. To succeed to office shall remain therein until their successors shall be County Courts Succeed to the Rights, etc., of the Former 2. The county court of every county shall hereafter do and perform all the duties heretofore devolved upon boards duties of board of overseers of the poor. The said court in its corporate capacity shall succeed to all the rights and liabilities lawfully acquired or incurred by said boards of overseers of the poor, and without any transfer or conveyance, be deemed reformer boards, spectively the owners of the real and personal property in their several counties heretofore lawfully appropriated to the use of the poor thereof; and may receive, hold, use the rights and liabilities of etc. and dispose of according to the rules of law and the intent of the instrument conferring title, any gift, grant, devise or bequest made for the use of the poor under their jurisdiction. Lands implements. ary. counties may 3. Every such court may purchase lands for the use of May purchase the poor, and sell and convey lands heretofore or hereafter for use of poor. acquired for that purpose; and may provide stock and im- Stock and plements of husbandry on any of its said lands, and use said lands as a place of general reception for the poor; said court may also provide a county infirmary, work- County infirmhouse and other improvements necessary for the use and benefit of the poor. The county court of two or more adjoining counties may, in like manner, jointly establish a Adjoining place of reception for the poor of their several counties, jointly and contribute to the expense of establishing, furnishing establish place and supporting the same, in such proportions or under such regulations as may be agreed upon; but such common place of reception shall be under the management and direction of the county court for the county in which it is situated, unless it be otherwise agreed between the courts of the several counties concerned; and the persons under whose management and direction such commonplace of reception may be, shall exercise, in respect to the same, the authority mentioned in the succeeding section. of reception. 4. The county court of a county may employ managers, Managers. physicians, nurses and servants to take care of the poor, physicians, etc. or any of them, under its charge; and prescribe regulations respecting the place at which the poor are kept, and the discipline and order to be observed or enforced at the same. What Persons Are to be Supported or Assisted, and How. a legal settle 5. A person shall not be deemed to have a legal settle- When persons ment in any county until he has resided one year contin- deemed to have uously therein; nor if he has immigrated into the State ment under within three years, unless at the time of so migrating he was able to maintain himself. this chapter. when applica him for relief, etc. 6. On application by or on behalf of any person who is Duty of overunable to maintain himself, or by or on behalf of the fam- seer of poor ily of any person when he is unable to maintain it, and tion made to the family is unable to maintain itself, such person or family, if he or they have a legal settlement in the county, shall be provided for, or assisted as his or their necessities may require, under the order and direction of the overseer of the district in which such settlement may be; and if he or they have not a legal settlement in the county, shall nevertheless be so provided for or assisted under the order and direction of the overseer of the district in which he may be, until properly removed as hereinafter provided. But the county court of the county may change or rescind any order or direction given by such overseer, and may |