Be it enacted by the Legislature of West Virginia: That section four of chapter one hundred and nineteen, of the code of one thousand nine hundred and sixteen, be amended and re-enacted so as to read as follows: Section 4. It shall be unlawful for any natural person to 2 practice or appear as an attorney-at-law or as attorney and coun3, selor-at-law for another in a court of record in this state, or to 4 make it a business to practice as an attorney-at-law or as an at5 torney and counselor-at-law for another in any of said courts, or 6 to make it a business to solicit employment for a lawyer or to fur7 nish attorneys or counsel or an attorney and counsel to render 8 legal services, or to hold himself out to the public as being entitled 9 to practice law as aforesaid, or in any other manner, or to assume, 10 use, or advertise the title of lawyer, or attorney and counselor-at11 law, or counselor, or attorney and counselor, or equivalent terms in 12 any language, in such manner as to convey the impression that he 13 is a legal practitioner of law, or in any manner to advertise that 14 he either alone or together with other persons, has, owns, or con15 ducts or maintains a law office, without first having been duly and 16 regularly licensed and admitted to practice law in a court of 17 record of this state, without having subscribed and taken the oath 18 required by section three of chapter one hundred and nineteen, 19 Barnes' code of one thousand nine hundred and eighteen. Any 20 person violating the provisions of this section shall be deemed 21 guilty of a misdemeanor and shall be fined not more than one 22 thousand dollars. It shall be the duty of the prosecuting attorneys 23 to enforce the provisions of this and the next succeeding section 24 and to prosecute all violations thereof. Sec. 4-a. It shall be unlawful for any corporation or voluntary 2 association to practice or appear as an attorney-at-law for any 3 person in any court in this state or before any judicial body, or to make it a business to practice as an attorney-at-law, for any 5 person in any of said courts or to hold itself out to the public 6 as being entitled to practice law, or to render or furnish legal 7 services or advice, or to furnish attorneys or counsel or to render 8 legal services of any kind in actions or proceedings of any nature, 9 or in any other manner to assume to be entitled to practice law 10 or assume, use or advertise the title of lawyer in such manner as 11 to convey the impression that it is entitled to practice law, or to 12 furnish legal advice, services or counsel, or to advertise that either 13 alone or together with or by or through any person, whether a 14 duly and regularly admitted attorney-at-law, or not, it has, owns, 15 conducts or maintains a law office for the practice of law, or for 16 furnishing legal advice, services or counsel. It shall be unlawful 17 further for any corporation or voluntary association to solicit itself 18 or by or through its officers, agents or employees any claim or 19 demand for the purpose of bringing an action thereon or of set20 tling the estate of any insolvent debtor or of representing as attor21 ney-at-law, or for furnishing legal advice, services or counsel to, 22 a person sued or about to be sued in any action or proceeding or 23 against whom an action or proceeding has been or is about to be 24 brought, or who may be affected by any action or proceeding which 25 has been or may be instituted in any court or before any judicial 26 body, or for the purpose of so representing any person in the 27 pursuit of any civil or criminal remedy. Any corporation or vol28 untary association violating the provisions of this section shall be 29 liable to a fine of not more than one thousand dollars and every 30 officer, trustee, director, agent, or employee of such corporation or 31 voluntary association who directly or indirectly engages in any of 32 the acts herein prohibited or assists such corporation or voluntary 33 association to do such prohibited acts shall be guilty of a misde34 meanor and shall be fined not more than one thousand dollars. 35 The fact that any such officer, trustee, director, agent or employee 36 shall be a duly and regularly admitted attorney-at-law shall not 37 be held to permit or allow any such corporation or voluntary 38 association to do the acts prohibited herein nor shall such fact be 39 a defense upon the trial of any of the persons mentioned herein 40 for a violation of the provisions of this section. This section shall 41 not apply to a corporation or voluntary association lawfully en42 gaged in the examination and insuring the titles to real property 43 nor shall it prohibit a corporation or voluntary association from 44 employing an attorney or attorneys in and about its own immediate 45 affairs or in any litigation to which it is or may be a party, nor 46 shall it apply to organizations organized for benevolent or 47 charitable purposes, or for the purpose of assisting persons without 48 means in the pursuit of any civil remedy. Sec. 4-b. But this act shall not apply to any attorney-at-law 2 who institutes suits in the circuit courts after obtaining a license, 3 if he shall qualify at the first term thereafter of the circuit court 4 of any county of the circuit in which he resides. CHAPTER 79 (Senate Bill No. 59-Mr. Sanders.) AN ACT to amend and re-enact section fifty of chapter twenty-nine of the code of West Virginia relating to assessments. [Passed April 27, 1921. SEC. 50. In effect ninety days from passage. Approved by the Consolidation on land books by mineral substances; order for, what to show; duty of officer making out land books; penalty for failure; section not to apply to undivided interest. Be it enacted by the Legislature of West Virginia: That section fifty of chapter twenty-nine of the code of West Virginia be and the same is hereby amended and re-enacted so as to read as follows: Section 50. Any owner of two or more contiguous tracts of 2 land, or the surface of land, or of any estate in the coal, oil, gas, 3 ore, limestone, fire-clay, or other minerals or mineral substances, 4 in and under the same, or of the timber thereon, situated in whole 5 or in part in the same magisterial district of any county, may upon 6 application to the county court of such county and duly showing 7 the relative location of said tracts, their ownership and present 8 description on the land book, have the same by order of said 9 court, consolidated with other like tracts or parts of tracts, and 10 charged, by aggregating the quantities thereof, so far as lying in 11 the same magisterial district, as one tract upon the land book 12 of said county for the succeeding year and thereafter; provided, 13 that for the purpose of consolidation of lands or the surface of 14 lands or any estate in the coal, oil, gas, ore, limestone, fire-clay, 15 or other minerals, or mineral substances in and under the same, 16 or of the timber thereon, on the land books, any tract heretofore 17 charged separately thereon, whether as fee (by which is meant not 18 only the estate of the owner therein, but also the entire body of 19 the land), or as one or more mineral interests, or other interests 20 herein specified, or surface, or timber only, may be divided, and the 21 divisions thereof be charged separately or be consolidated with 22 other like tracts or parts of tracts. 23 In every case of consolidation the order directing the consolida24 tion to be made shall so describe the several properties consoli25 dated as to enable the same to be therein identified as separate 26 parcels or to be so identified by reference therein made to a re 27 corded instrument, or recorded instruments, or both by description 28 and reference to such instrument or instruments. 29 The officer whose duty it is to make out the land books, upon 30 presentation to him of a certified copy of said order showing the 31 consolidation or designation of said several tracts or parts of tracts. 32 of land, surface or timber, or estates in the coal, oil, gas, ore, 33 limestone, fire-clay, or other minerals or mineral substances here34 in mentioned shall enter the same as one upon the land book for 35 the year next ensuing, and make a proper note opposite the last 36 entry of each of said several tracts so consolidated or designated 37 in whole or in part, referring to said order, and a like note op38 posite the entry of the tract so consolidated or designated. He 39 shall value the said tract at its proper value according to the rule 40 prescribed in section twelve of this chapter. Any such officer fail41 ing to comply promptly with any of the several duties imposed 42 by this section, shall be deemed guilty of a misdemeanor and upon 43 conviction thereof shall be fined not less than twenty-five and not 44 more than fifty dollars. Provided, that this section shall not 45 apply to any undivided interest in any estate in any land, coal, oil, 46 gas, ore, limestone, fire-clay or other mineral substances in or 47 under lands or of the timber on land. CHAPTER 80 (Senate Bill No. 80-Mr. Harmer.) AN ACT to amend and re-enact sections one, three and seven of chapter eighty-two of the code of West Virginia, relating to guardians and wards. [Passed April 7, 1921. In effect ninety days from passage. Governor April 18, 1921.] Approved by the ward; to possess and manage estate; to provide maintenance and education; father and mother, if living together, joint guardians duration of guardianship; marriage of ward: inconsistent acts repealed. Be it enacted by the Legislature of West Virginia: That sections one, three and seven of chapter eighty-two of the code of West Virginia, be amended and re-enacted so as to read as follows: Section 1. Every father or mother, may, by last will and tes2 tament, appoint a guardian for his or her child, born or to be born, 3 and for such time during its infancy, as he or she may direct. Sec. 3. The county court of any county in which any minor 2 resides, or if he be a resident out of the state, in which he has any 3 estate, may appoint a guardian for him, unless he have a 4 guardian appointed, as aforesaid, by his father or mother, pre5 ferring first the father or mother; and if there be no father or 6 mother living, then it shall appoint as such guardian, his nearest 7 of kin residing in the county wherein such minor resides, or has 8 any estate, competent to act as such guardian. And if there bet 9 no father or mother, or next of kin, the court shall appoint some 10 suitable person guardian for such minor. Sec. 7. Every guardian who shall be appointed as aforesaid, 2 and give bond when required, shall have the custody of his ward, 3 and the possession, care and management of his estate, real and 4 personal, and out of the proceeds of such estate shall provide for 5 his maintenance and education; but the father or the mother of 6 such minor shall be entitled to the custody of the person of such 7 minor, and to the care of his education. And the father and 8 mother of such minor, if living together, shall be the joint guard9 ians of their minor child or children, with equal powers, rights and 10 duties in respect to their custody, control and of the services and 11 earnings of such minor child or children; and neither the father 12 nor the mother shall have any right paramount to that of the other 13 in respect to the custody, control, services or earnings and care of 14 the education of said minor children; provided, that if the 15 father and mother be living apart, the court shall appoint such 16 parent guardian, who, in its opinion, is best suited for the trust. 17 And unless the guardian shall die, be removed or resign his trust 18 (and the court that appointed him may allow him to resign), he 19 shall continue in office until the minor shall attain the age of 20 twenty-one years, notwithstanding the minor may marry before 21 that time, or, in the case of a testamentary guardianship, until the 22 termination of the period limited therefor. At the expiration of 23 his trust, he shall deliver and pay all the estate and money in hist 24 hands, or with which he is chargeable, to those entitled thereto. 25 All acts and parts of acts inconsistent with this act are hereby 26 repealed. |