71 he is then surety, and the amount of each bond or recognizance. If 72 the amount of such bond or recognizance, together with all bonds 73 and recognizances as shown by the affidavit aforesaid, exceeds in 74 amount the value of the surety's property as shown by the cer75 tificate of the clerk of the county court, then such surety shall be 76 disqualified. CHAPTER 71 (Senate Bill No. 95—Mr. Sanders.) AN ACT dispensing with the necessity of any natural person affixing a seal to any deed, trust deed, mortgage, lease or other writing conveying, selling, or agreeing to sell, leasing, renting or encumbering real estate, and making the same evidence; and providing that an action of covenant may be maintained thereon for the breach of any covenant or warranty therein. [Passed April 26, 1921. In effect ninety days from passage. without the approval of the Governor.] Became a law Such writings or attested copies, ad- Be it enacted by the Legislature of West Virginia: Section 1. The term "natural person" as used in this act 2 shall include the clerk of any court; any commissioner appointed 3 by, or acting under the authority of any of the courts of this 4 state or the state of Virginia; any trustee, executor, administra5 tor and any and all persons acting in his own or a representa6 tive official or fiduciary capacity. Sec. 2. That the affixing of what has been known as a 2 private seal, or scroll in lieu thereof, or the word "scal" by any 3 natural person hereafter to any deed, trust deed, mortgage, lease, 4 bond, or other writing, conveying, selling or agreeing to sell, 5 leasing, renting or encumbering any real estate, shall not give 6 thereto any additional force or effect; and the omission of any 7 such seal, word or scroll, shall in no way detract from the legal 8 effect of any such deed, trust deed, mortgage, lease, bond or 9 other writing, and every estoppel, covenant and warranty con10 tained therein or created thereby, shall be as binding, and may be 11 applied and enforced, as if contained in or created by deed or other 12 such writing under seal. Sec. 3. Any such writing as is mentioned in the preceding sec2 tion, or an attested or certified copy from the record thereof, may 3 be admitted in evidence in all proper cases, and shall be given the 4 same construction, weight, force and legal effect as if sealed. Sec. 4. An action of covenant may be maintained on any 2 instrument of writing mentioned in the two preceding sections 3 which is not under seal, and which is executed after this act goes 4 into effect, for the breach of any covenant or warranty therein 5 contained, the same as if such writing had been duly sealed. 6 All acts or parts of acts, coming within the purview hereof, 7 or inconsistent herewith, are hereby repealed. CHAPTER 72 (Senate Bill No. 158—Mr. Stewart.) AN ACT to amend and re-enact section nine of chapter eighty-five of the code of West Virginia, relating to the marriage of a female representative. [Passed April 26, 1921. In effect ninety days from passage. Approved by the Governor May 2, 1921.] SEC. 6. Marriage of a female representa- or make husband personal representative in her right. Be it enacted by the Legislature of West Virginia: That section nine of chapter eighty-five of the code of West Virginia, be amended and re-enacted so as to read as follows. Section 9. Where an unmarried woman who is a personal rep2 resentative, either alone or jointly with another, shall marry, her 3 husband shall not be a personal representative in her right, but 4 such marriage shall not operate as an extinguishment of her 5 authority. CHAPTER 73 (Senate Bill No. 94-Mr. Sanders.) AN ACT to amend and re-enact section fifteen of chapter sixty-five of the code of West Virginia, Barnes' edition of one thousand nine hundred and sixteen, relating to a tenant by the curtesy. [Passed April 8, 1921. In effect ninety days from passage. Became a law without the approval of the Governor.] SEC. 15. Estate of married woman; husband to be tenant by the curtesy in one-third thereof; as a widow would be entitled to dower; inconsistent acts repealed. Be it enacted by the Legislature of West Virginia: That section fifteen of chapter sixty-five of the code of West Virginia, Barnes' edition of one thousand nine hundred and sixteen, be amended and re-enacted so as to read as follows: Section 15. If a married woman die seized of an estate of 2 inheritance in lands, her husband shall be tenant by the curtesy 3 in the one-third thereof. An estate by the curtesy in the lands 4 of which a married woman may hereafter die seized, shall exist 5 and be held by her husband therein, whether they had issue 6 born alive during the coverture or not, in the same manner and 7 under the same right as a widow would be entitled to dower. 8 All acts and parts of acts inconsistent herewith are hereby 9 repealed. CHAPTER 74 (Senate Bill No. 57-Mr. Johnson.) AN ACT to amend and re-enact section seven-a of chapter seventythree of the code, as amended and re-enacted by chapter thirtyfour of the acts of one thousand nine hundred and seventeen, relating to general indexing, etc. [Passed April 12, 1921. In effect ninety days from passage. Became a law without the approval of the Governor.] SEC. 7-a. County court may contract for or order clerk of said court and clerk of circuit court to provide general index for record books; form and contents of index; clerk's fee for same; exceptions as to clerk's compensation. Be it enacted by the Legislature of West Virginia: That section seven-a, of chapter seventy-three of the code, as amended by chapter thirty-four of the acts of one thousand nine hundred and seventeen, be amended and re-enacted so as to read as follows: Section 7-a. The county court of any county may order the clerk 2 of said court and the clerk of the circuit court of said county, or 3 let to the lowest bidder a contract to provide a general index for 4 the deed books, trust deed books, judgment lien dockets, marriage 5 records, release deed books, law and chancery order books in the 6 custody of the clerk of the circuit court of said county, or other 7 record books, or any of them, in the office of either of said clerks, 8 in which shall be indexed the names of all grantors and grantees 9 of deeds, deeds of trust and release deeds, or other writings, the 10 names of the parties to marriage records. and the names 11 of persons for and against whom judgments are rendered, 12 and in which law and chancery order books in the cus13 tody of the clerk of the circuit court of said county 14 shall be indexed, versus and adversus, the names of each 15 of the plaintiff or plaintiffs and defendant. or defend16 ants and may include such other data as the clerk may 17 determine, for which services. the court shall allow the 18 clerk a fee of six cents for each deed or other writing 19 so indexed, and to the clerk of the circuit court a 20 reasonable fee for each suit or proceeding in said court 21 so indexed, to be paid out of the county treasury; pro22 vided, however, that any that any contracts that have heretofore 23 been made by any county court for general indexes 24 shall be construed to be legal; provided, this act shall 25 not be construed to allow allow such compensation after Janhundred and twenty-one, 27 except, however, in those counties where general indexes 28 were contracted for and in course of preparation prior 29 to January first, one thousand nine hundred and twenty30 one and not completed or paid for, the same shall be 31 completed and paid for as provided in the contract therefor. 26 uary first, one thousand nine CHAPTER 75 (Senate Bill No. 99-Mr. Stewart.) AN ACT concerning conditional sales and to make uniform the law relating thereto. Be it enacted by the Legislature of West Virginia: Section 1. [Definition of Terms.] In this act "conditional 2 sale" means (1) any contract for the sale of goods under 3 which possession is delivered to the buyer and the property in 4 the goods is to vest in the buyer at a subsequent time upon the 5 payment of part or all of the price, or upon the performance of 6 any other condition or the happening of any contingency; or (2) 7 any contract for the bailment or leasing of goods by which the 8 bailee or lessee contracts to pay as compensation a sum sub9 stantially equivalent to the value of the goods, and by which it is 10 agreed that the bailee or lessee is bound to become, or has the 11 option of becoming the owner of such goods upon full compli12 ance with the terms of the contract. 13 "Buyer" means the person who buys or hires the goods 14 covered by the conditional sale, or any legal successor in inter15 est of such person. 16 "Recording district" means the sub-division of the state in 17 which conditional sale contracts, or copies thereof, are required 18 by this act to be recorded. 19 "Goods" means all chattels personal other than things in 20 action and money, and includes emblements, industrial growing 21 crops, and things attached to or forming a part of land which 22 are agreed to be severed before sale or under the conditional 23 sale. 24 "Performance of the condition" means the occurrence of 25 the event upon which the property in the goods is to vest in the 26 buyer, whether such event is the performance of an act by the 27 buyer or the happening of a contingency. |