CHAPTER 56 (House Bill No. 387-Mr. McClintic, of Kanawha.) AN ACT for the protection of employees as voters, and giving time to vote at primary elections. [Passed April 26, 1921. In effect ninety days from passage. Approved by the Governor May 2, 1921.] Be it enacted by the Legislature of West Virginia: Section 1. Any person entitled to vote at the primary or 2 convention shall on the day of such primary or convention, be 3 entitled to absent himself or herself from any service or em4 ployment in which he or she is then engaged or employed for 5 a period of two hours between the time of opening and closing 6 the polls. He or she shall not be liable to any penalty nor 7 shall any deduction be made on account of such absence from 8 his or her usual salary or wages; provided, however, that appli9 cation for such leave of absence shall be made prior to day of 10 primary or convention. Sec. 2. Whoever, for the purpose of influencing a voter, seeks 2 by violence or threats of violence, or threats to enforce the pay3 ment of a debt; or to eject or threaten to eject from any house 4 he or she may occupy; to foreclose a lease or to enforce any 5 contract effecting the tenant or renter, except as authorized by law, 6 or to injure the business, trade or calling of an elector; or, if 7 any employer of laborers or any agent of such employer, threat8 ens to withhold the wages of, or to dismiss from any service 9 any laborer in his employment; or refuses to allow such em10 ployee time to attend the place of election and vote, shall be 11 guilty of a misdemeanor and may be fined not more than two 12 hundred dollars nor less than twenty-five dollars or confined in 13 the county jail not more than three months. Sec. 3. All acts or parts of acts in conflict with this act are 2 hereby repealed. CHAPTER 57 (Senate Bill No. 12-Mr. Sanders.) AN ACT to amend and re-enact sections three, seventeen and eighteen of chapter one hundred and thirty-five of the code of West Virginia of one thousand nine hundred and thirteen, prescribing the limitations for writs of error and appeals. [Passed April 25, 1921. In effect ninety days from pasage. Governor April 30, 1921.] Approved by the two months if judgment, etc. rendered before law takes effect. Same; number of copies; form and contents; printing; disposition of copies; cost of printing; how taxed; dismissed for failure to deposit; felony cases, number and disposition of records; how paid. Be it enacted by the Legislature of West Virginia: That sections three, seventeen, and eighteen of chapter one hundred and thirty-five of the code be amended and re-enacted so as to read as follows: Section 3. No petition shall be presented for an appeal from, 2 or writ of error or supersedeas to, any judgment, decree or order, 3 whether the state be a party thereto or not, nor to any judgment 4 of a circuit court or municipal court rendered in an appeal from 5 the judgment of a justice, which shall have been rendered or 6 made more than eight months before such petition is presented. 7 Provided, that if such judgment, decree or order was rendered 8 or made before this section as amended takes effect such petition 9 may be presented within one year from the date of such judg10 ment, decree or order. Sec. 17. No process shall issue upon any appeal, writ of error 2 or supersedeas allowed to or from a final judgment, decree or 3 order, if when the record is delivered to the clerk of the appel4 late court there shall have elapsed ten months since the date of 5 such final judgment, decree or order, but the appeal, writ of er6 ror or supersedeas shall be dismissed whenever it appears that 7 ten months have elapsed since the said date before the record 8 is delivered to such clerk, or before such bond is given, as is re9 quired to be given before the appeal, writ of error or supersedeas 10 takes effect; provided, that if such judgment, decree or order 11 was rendered or made before this section as amended takes effect 12 such process may issue within one year and two months from 13 the date of such judgment, decree or order. Sec. 18. There shall be eighteen copies of the record printed 2 containing the petition, so much of the record as the counsel for 3 any party interested or the court may direct, and the table of 4 contents, in octavo form, on book paper of good quality, long 5 primer type, the title on the cover to be in the center, preserving 6 on the margin of the printed record the paging of the record from 7 the court below. The printed matter on the pages of such record 8 shall be four inches by seven inches in size, and each page shall 9 contain fifteen hundred ems of such type. Such pages shall not 10 be more than single leaded, and not more than a pica slug shall 11 be used around heads. Of the printed records the clerk shall 12 deliver one to each judge, two to the counsel on each side, trans13 mit one to the clerk of the court below (in which the case was 14 originally decided) and retain the remaining copies in his office. 15 The clerk shall have the record printed when the party obtain16 ing the appeal, writ of error or supersedeas shall deposit with 17 him a sufficient sum to pay for said printing, which shall be 18 not more than sixty cents per per thousand ems for all 19 matter printed, and the cost of printing of said record shall 20 be printed at the end of same, and no greater compensation shall 21 be charged for printing and comparing the same. In measuring 22 such printing and estimating the number of ems no unnecessary 23 space, at the top, bottom or elsewhere on a page shall be reckoned 24 or counted, and only the actual printing done by measuring ou 25 the face of the type, shall be charged, except the blank portion 26 of pages at the end of the petition, record and index may be 27 counted as full pages. No entirely blank pages are to be counted, 28 and only two pages to be counted for cover; provided, that in case shall more than ninety cents per page be charged 30 for any such record, and no tabular work, blue print of map or 31 other matter required to be furnished or printed in the record shall 32 be charged for in computing the cost of printing, at a greater 33 rate than ninety cents per page, of same measure as record 34 pages. The cost of such printing, unless otherwise ordered by 35 the court, shall be taxed against the opposite party, if the judg36 ment, decree or order appealed from be reversed. And should 37 the appellant or plaintiff in error fail for three months after 38 his case has been docketed in the court of appeals, to deposit with 39 the clerk of the said court of appeals a sufficient sum to pay for 40 the printing of the record, he shall be deemed to have abandoned 29 no 41 his appeal and the same shall be dismissed; but it may be re42 newed at any time within six months from the date of the judg43 ment, order or decree appealed from, according to the provisions 44 of section three of this chapter. In every felony case, the clerk 45 shall have the usual number of records printed at a cost not 46 exceeding the amount fixed by this section, and dispose of the 47 same as in other cases; and upon the certificate of the president 48 of the supreme court of appeals stating that such record has 49 been printed, and the amount said clerk is entitled to, the costs 50 of printing the same shall be paid to said clerk out of the treas51 ury of the state, and the auditor shall draw his warrant on the 52 treasury for the payment thereof out of the fund for criminal 53 charges. CHAPTER 58 (Senate Bill No. 19-Mr. Sanders.) AN ACT to amend and re-enact section five of chapter one hundred and thirty-three of the code of West Virginia, of one thousand nine hundred and thirteen, relating to the filing of bills of review. [Passed April 27, 1921. In effect ninety days from passage. Approved by the Governor May 3, 1921.] SEC. 5. When bill of review allowed in- tation for filing; if decree pronounced before this section in effect; limitation of one year. Be it enacted by the Legislature of West Virginia: That section five of chapter one hundred thirty-three of the code of West Virginia, one thousand nine hundred and thirteen be amended and re-enacted so as to read as follows: Section 5. A court or judge allowing a bill of review may 2 award an injunction to the decree to be reviewed. But no bill 3 of review shall be allowed to a final decree, unless it be exhibited 4 within eight months next after such decree, except that an infant 5 or insane person may exhibit the same within eight months after 6 the removal or his or her disability. Provided, that if such decree 7 was pronounced before this section as amended takes effect, such 8 bill of review may be exhibited within one year after such decree. CHAPTER 59 (Senate Bill No. 121-Mr. Sanders.) AN ACT to amend and re-enact section twenty-six of chapter one hundred and thirty-five of the code as amended and re-enacted by chapter sixty-nine of the acts of the legislature of one thousand nine hundred and fifteen. [Passed April 26, 1921. In effect ninety days from passage. Became a law without the approval of the Governor.] SEC. 26. Judgment of supreme court of ap- rehearing; motions to dismiss, notice of; motion to dismiss involving merits. Be it enacted by the Legislature of West Virginia: That section twenty-six of chapter one hundred and thirty-five of the code as amended and re-enacted by chapter sixty-nine of the acts of the legislature of one thousand nine hundred and fifteen, be and the same is hereby amended and re-enacted so as to read as follows: Section 26. The supreme court of appeals shall affirm the 2 judgment, decree or order, if there be no error therein, and reverse 3 the same in whole or in part, if erroneous, and enter such judg4 ment, decree or order as the court whose error is sought to be cor5 rected ought to have entered, affirming in cases where the court 6 is equally divided. In the case of an appeal from an order grant7 ing a new trial, or rehearing, if the order be reversed, such final 8 judgment, decree or order shall be rendered or made in the case 9 as the appellant was entitled to in the court below. All motions to 10 dismiss upon grounds not involving the merits of the case shall 11 be made after reasonable notice in writing to the opposite party 12 or his attorney, or given in a brief, filed under the rules. With 13 leave of the court previously granted, and after reasonable notice 14 to be prescribed by a rule of the court, a motion to dismiss involv15 ing the merits, or to affirm or reverse, may be made at any time 16 after the allowance of the appeal, writ of error or supersedeas; 17 and, upon the hearing of such motion, the court may dismiss, 18 affirm, modify or reverse with like effect as if the appeal, writ of 19 error or other process had been regularly matured for final 20 hearing. |