Be it enacted by the Legislature of West Virginia: That chapter sixty-four of the code of West Virginia be amended by adding thereto an additional section to be known as section twenty, which shall read as follows: Section 20. The commissioner to whom a divorce case is referred 2 shall, before proceeding to execute the requirements of the decree 3 of reference, give to the parties or their attorneys, at least ten 4 days notice of the time and place when and where he will com5 mence proceedings, but if any party is not represented by an at6 torney and personal service cannot be had on the party on account 7 of absence from the state or non residency, then it shall be suffi8 cient to publish the notice in a newspaper of general circulation in 9 the county wherein the suit is pending for such length of time as 10 the court may direct. CHAPTER 89 (House Bill No. 95—Mr. Downs.) AN ACT to amend and re-enact section eight of chapter one hundred and fifty-four of Barnes' Code of West Virginia one thousand nine hundred and eighteen, and to add thereto sections twelve and thirteen, relating to coroners' inquests. [Passed April 7, 1921. In effect ninety days from passage. Governor April 16, 1921.] Approved by the Coroners' record; what to contain; Be it enacted by the Legislature of West Virginia: That section eight of chapter one hundred and fifty-four of Barnes' code of West Virginia of one thousand nine hundred and eighteen be amended and re-enacted, and that sections twelve and thirteen be enacted and added to said chapter, so as to read as follows: Section 8. If the dead person be a stranger, whether the inquest 2 be taken or the coroner or justice called on to view the body, 3 thinks it unnecessary to have an inquest, he shall cause the body 4 to be decently buried, or forwarded to its proper destination. If 5 the coroner or justice certify the deceased has not sufficient estate 6 in this state to pay the expenses of the burial, the coroner's or 7 justice's fees, and the expenses of the inquest, if one was taken, 8 shall, when allowed by the county court of the county, be 9 paid out of the treasury of the county. In other cases, all such 10 charges shall be paid out of the estate of the deceased; or if it 11 prove insufficient, out of the treasury of the county, unless the 12 inquest be on the body of a convict in the penitentiary, in which 13 case the same shall be paid out the state treasury, after being 14 allowed by the executive. Each juror impaneled as herein pro15 vided, shall receive for his services two dollars for each day he shall 16 be necessarily engaged in holding the inquest and making the re17 turn thereof; the constable shall receive three dollars for summon18 ing a jury and witnesses for an inquest, and the coroner or justice 19 shall receive for his services five dollars for each day necessarily 20 engaged in holding the inquest and making return thereof, to be 21 allowed and paid as aforesaid. Should the coroner or justice, upon 22 such notice, make a preliminary examination of the facts connected 23 with a death by some probable unlawful act, and ascertain that 24 there was not good cause to believe it was by some unlawful act, 25 he shall not hold such inquest except by request of the prosecuting 26 attorney; and said coroner or justice, in case an examination is 27 made and no inquest held, shall be allowed a fee of two dollars 28 for such examination to be paid as herein provided. Sec. 12. Every coroner shall keep a well bound record, denomi2 nated "Coroner's Record", furnished at the expense of the county, 3 in which he shall keep a record of all inquisitions and examina4 tions held and made by him or any justice of his county, and in 5 which he shall make entry such information he may be able to 6 obtain concerning the deceased, such as nationality, color, sex, 7 when and where born, married or single, residence, occupation, 8 date and probable cause of death, marks or scars of identification, 9 when and where buried, and the name and address of the under10 taker. The coroner, upon the request of any person, shall make 11 and certify a copy from his record of any inquisition or examina12 tion had before him or any justice, together with such informa13 tion that he may have on his record concerning the deceased, for 14 which services he shall be allowed to charge the person making 15 such request, a fee of one dollar. Sec. 13. Every coroner upon the expiration of his office, shall 2 deliver to his successor his official record together with those of his 3 predecessors in office which he may have in his custody. CHAPTER 90 (House Bill No. 431-Mr. Hugus.) AN ACT to amend and re-enact section fifteen of chapter one hundred and forty-four, Barnes' code one thousand nine hundred and sixteen. [Passe April 19, 1921. Effective ninety days from passage. Approved by the Governor April 23, 1921.] SEC. 15. Carnal knowledge of female, by force, under sixteen years of age; penalty; when section does not apply. Be it enacted by the Legislature of West Virginia: That section fifteen of chapter one hundred and forty-four of the code of West Virginia, Barnes' code, one thousand nine hundred and sixteen, be and is hereby amended and re-enacted to read as follows: Section 15. If any male person carnally know a female, not 2 his wife, against her will by force, or if any male person who is 3 over the age of sixteen years carnally know a female, not his 4 wife, under that age, he shall be punished with death or with con5 finement in the penitentiary for life, or if the jury add to its ver6 dict a recommendation for mercy, with confinement in the peni7 tentiary for not less than five nor more than twenty years, 8 provided, always that this section shall not apply to any male 9 person under sixteen years of age who carnally knows a female. 10 over twelve years of age with her free consent. CHAPTER 91 (House Bill No. 315-Mr. Haymond.) AN ACT relating to money deposited or advanced upon a contract for the use or rental of personal property, and fixing the penalty for violation thereof. [Passed April 26, 1921. Effective ninety days from passage. Approved by the Governor May 3, 1921.] SEC. 1. Money advanced on contract for use SEC. Penalty for violation: personal guilt of officer or agent of corporation violating. Be it enacted by the Legislature of West Virginia: Section 1. Whenever money shall be deposited or advanced on 2 a contract for the use or rental of personal property thereafter to 3 be delivered, as security for performance of the contract or to be 4 applied to payments upon such contract when due, and such con5 tract is between a citizen of the state of West Virginia and a non6 resident theerof, such money, with interest accruing there7 on, if any, until repaid or so applied, shall continue to be the 8 money of the person making such deposit or advance and shall 9 be a trust fund in the possession of the person with whom such de10 posit or advance shall be made and shall be deposited in a bank or 11 trust company located in the state of West Virginia and shall not 12 be mingled with other funds or become an asset of such trustee 13 until the said property is delivered, Provided, however, 14 that nothing herein contained shall apply to deposits or ad15 vance payment required by public service corporations under the 16 authority of the public service commission. Sec. 2. Any person violating any provision of this act shall be 2 guilty of a misdemeanor and upon conviction shall be fined not 3 less than one hundred dollars and not more than one thousand dol4 lars, and, at the discretion of the court, may be confined in jail 5 not more than one year. The officer or agent of any corporation 6 who directly or indirectly participates in any transaction amount7 ing to a violation of this act shall upon conviction be punished as S aforesaid. CHAPTER 92 (House Bill No. 79-Mr. McClintic, of Kanawha.) AN ACT to fix the salaries of the elective state officers and other than the governor and state superintendent of free schools, the same being an emergency measure. [Passed January 26, 1921. In effect from passage. Aproved by the Governor SEC. Salaries of elective state officers. Be it enacted by the Legislature of West Virginia: Section 1. That on and after March fourth, one thousand nine 2 hundred and twenty-one, the salary of the secretary of state, audi3 tor, treasurer, attorney general and commissioner of agriculture 4 shall be five thousand ($5,000.00) dollars each per annum, payable 5 monthly out of the state treasury. CHAPTER 93 (House Bill No. 182-Mr. Weiss.) AN ACT providing for the payment of salaries of the members of the senate and house of delegates pursuant to section thirty-three of article six of the constitution of the state, as amended. [Passed January 21, 1921. SEC. 1. In effect from passage. Approved by the Governor Salaries of members of legislature; amount; how paid. Be it enacted by the Legislature of West Virginia: Section 1. The salaries of the members of the senate and 2 house of delegates shall be five hundred dollars per annum, pay3 able out of the treasury as follows, to-wit: 4 The sum of two hundred and fifty dollars shall be payable on 5 the third Wednesday in January of each year and the sum of 6 two hundred and fifty dollars shall be payable on the third Wed7 nesday in March of each year. CHAPTER 94 (House Bill No. 280-Mr. Strother.) AN ACT authorizing the removal of officers and all employees that have been or may hereafter be appointed by the governor, at the will and pleasure of the governor. [Passed April 8. 1921. In effect from passage. Became a law without the approval of the Governor.] SEC. 1. SEC. Governor may at his pleasure, re- 2. move from office his appointees. 3. No cause for removal need be assigned. Inconsistent acts repealed. Be it enacted by the Legislature of West Virginia: Section 1. That all persons that have been, or that may here2 after be appointed to any office or position of trust, under the 3 laws of this state by the governor, whether their tenure of office 4 is fixed by law or not, may be removed by the governor at his will 5 and pleasure. Sec. 2. In removing such officer, appointee, or employee, it 2 shall not be necessary for the governor to assign any cause for 3 such removal. 4 All acts or parts of acts inconsistent with this act are hereby 5 repealed. |