CHAPTER 95 (Committee Substitute for House Bill No. 383.) (By the Committee on the Judiciary.) AN ACT to amend and re-enact section fifteen of chapter one hundred and thirty-eight of the code, relating to legal notices. [Passed April 14, 1921. In effect from passage. Approved by the Governor April 18, 1921.] SEC. 12. Rate for publication of matter re- used and notice posted and mailed; when taxed as costs; affidavit of publication and posting; mandamus to compel publication. Be it enacted by the Legislature of West Virginia: That section fifteen of chapter one hundred and thirty-eight of the code, be amended and re-enacted so as to read as follows: Section 15. The price for publishing all advertisements and 2 publications required to be made by law, or by the order of a 3 court in any cause or proceeding therein, or by any provision of 4 a deed of trust, or where any publication is made pursuant to law, 5 shall not exceed two cents for each word for the first insertion, 6 and one cent a word for each subsequent insertion required to be 7 made; and if no newspaper in which such publication may be 8 made, will insert the same for the time required, or the price 9 aforesaid, then the notice may be published in some newspaper 10 issued from another county, and the notice shall be posted by the 11 person whose duty it is to have the publication made, at the front 12 door of the court house of the county in which the cause is pend13 ing, or the proceedings had, at least four weeks prior to the time 14 fixed for executing the order, decree or deed, or for the accom15 plishment of the purpose of said publication, and copies of said. 16 notice shall be posted in at least four other public places in said. 17 county at the same time, and a copy of the same shall be sent by 18 the person whose duty it is to post, by mail, postage paid, to each 19 party interested in such publication, directed to such person at his 20 last known post office address. In case of any publication made 21 by the order of a court in any case or proceeding therein, or by 22 any provision of a deed of trust, the price paid shall be taxed in 23 the bill of costs, and an affidavit shall be filed by the person pub24 lishing and posting the notice showing the fact that said notice 25 was published and posted as required by this section. 26 Any citizen, taxpayer, or the owner or publisher of any news27 paper entitled under the provisions of this act to have any pub28 lication made in his newspaper, which any county court or tri 29 bunal created in lieu thereof, board of education, council of a 30 municipal corporation, or public officer shall fail or refuse to 31 make, may have a writ of mandamus to compel the making of 32 said publication; provided the newspaper is willing to accept 33 the price prescribed therefor by law. CHAPTER 96 (House Bill No. 270—Mr. Capehart.) AN ACT to prevent the crime of lynching and to provide punishment and penalties therefor. [Passed April 14, 1921. In effect ninety days from passage. Approved by the Governor April 20, 1921.] Be it enacted by the Legislature of West Virginia: Section 1. That any collection of individuals, five or more 2 in number, assembled for the unlawful purpose of offering vio3 lence to the person or property of any one supposed to have been 4 guilty of a violation of the law, or for the purpose of exercising 5 correctional powers or regulative powers over any person or per6 sons by violence, and without lawful authority, shall be regarded 7 and designated as a "mob", or "riotous assemblage." Sec. 2. That the term "serious injury", for the purposes 2 of this act, shall include any injury to property which shall 3 cause damage to the owner thereof, or any injury to the person 4 which shall temporarily or permanently disable the person in5 jured from earning a livelihood. Sec. 3. The putting to death of any person within this state 2 by a mob or riotous assemblage, shall be murder, and every 3 person participating in such mob or riotous assemblage by which 4 a person is put to death, shall be guilty of murder, and upon the 5 conviction thereof shall be punished as provided by chapter one 6 hundred and forty-four of Hogg's code of West Virginia. Sec. 4. Any person or persons who shall compose a mob or 2 riotous assemblage, with the intent to inflict damage or injury 3 to the person or property of any individual charged with crime, 4 or, under the pretense of exercising correctional powers over 5 such person or persons by violence, and without lawful authority, 6 shall be subject to a fine of not less than one hundred dollars, 7 nor more than one thousand dollars, and may be imprisoned in 8 the county jail not less than thirty days nor to exceed twelve 9 months for each and every offense. Any person or persons who 10 shall compose a mob or riotous assemblage and who inflict damage 11 or injury to the person or property of any individual charged 12 with crime shall be guilty of a felony and shall be imprisoned in 13 the penitentiary not less than one year nor more than ten years 14 for each and every offense. Sec. 5. Any person or persons, composing a mob or riotous 2 assemblage under the provision of this act, who shall by violence 3 inflict serious injury to the property or to the person of any other 4 person upon the pretense of exercising correctional powers or 5 regulative powers over such person or persons, and without auG thority of the law, shall be deemed guilty of a felony, and upon 7 the conviction thereof shall be punished by confinement in the S penitentiary not exceeding five years; and any person suffering 9 serious injury to his property or to his person by a mob, shall 10 have an action against the county or city in which such serious 11 injury is inflicted for such damages he may sustain, to an amount 12 not to exceed five thousand dollars. Sec.6. The county in which such person charged with a crime, 2 and wherein such person has been taken from a state, county or 3 municipal officer and lynched and put to death, shall be subject to 4 a forfeiture of five thousand dollars, which may be recovered by 5 appropriate action therefor, in the name of the personal represen6 tative of the person put to death, for the use of his dependent 7 family or estate. Such action may be brought in any state court. 8 If such forfeiture is not paid upon recover of judgment therefor, 9 the court rendering such judgment, shall have power to enforce 10 the payment thereof, and may compel the levy and collection of 11 a tax therefor, or otherwise compel the payment thereof by 12 mandamus or other appropriate process, and every officer of such 13 county, and every other person who disobeys or fails to comply 14 with any lawful order of the court, shall be liable to punishment 15 according to law as for contempt and to any other penalties pro16 vided by law therefor. Sec. 7. That in the event any person so put to death, who shall 2 have been taken from any state, county or municipal officer in one 3 county, by a mob or riotous assemblage of five or more persons, 4 and transported out of such county before such killing shall have 5 taken place, and the fact that such killing occurred out of said 6 county from which such person may have been taken, shall not relieve the said county from which he was taken from such state, 8 county or municipal officer from the liability provided by this act. 9 And if the person, who shall be taken from such officer or 10 officers, be transported from, and put to death and lynched in 11 another county outside of the county wherein he was taken from 12 such officer or officers, no county through which such person may 13 have been transported, or in which such person has been lynched. 14 and put to death, shall be liable to damages hereunder, unless it 15 is clearly shown that the officers or citizens in such county or 16 counties participated in, aided, abetted or encouraged such un17 lawful putting to death. Sec. 8. That every state, county or municipal officer having 2 the duty or power of preservation or conservation of the peace 3 at the time and place of any such putting to death, or the 4 committing of serious injury to the person or to the property 5 as prescribed in this act, who having reasonable cause to believe 6 that the same is to be done, or is attempted to be done, and ne7 glects or omits to prevent the same, and every such officer from S whose custody such person may be taken by such mob or riotous 9 assemblage, and put to death by the same, or whose property or 10 person suffers serious injury at the hands of said mob or riotous 11 assemblage, shall be guilty of negligence in the discharge of his 12 official duty, and the county or city which shall have been sued 13 and compelled to pay damages as herein provided, may recover 14 same from such negligent officer, by appropriate action upon 15 his official bond. Sec. 9. That in any prosecution for any of the offenses defined 2 herein, and any action for the forfeiture imposed as herein pro3 vided, every person who has participated in the lynching or in 4 the putting to death of, or in the infliction of great bodily 5 violence or serious injury to the person or property of any per6 son, without authority of the law, and every person who enter7 tains or has expressed any opinion in favor of lynching or in 8 the justification or excuse thereof, or whose character, conduct, 9 or opinions have been or are such as, in the judgment of the 10 court, may tend to disqualify him for impartial and unpreju11 diced trial of the cause, shall be disqualified to serve as a juror, 12 and in any such action or prosecution, any attorney, interested 13 in the case, shall be entitled to make full inquiry thereof, and to 14 produce evidence thereon; and every person who refuses to an15 swer any inquiry touching his qualifications on the ground that 16 he may thereby criminate himself shall be disqualified as afore17 said. Sec. 10. All acts or parts of acts in conflict herewith are 2 hereby repealed. CHAPTER 97 (House Bill No. 174—Mr. Post.) AN ACT to prohibit the making, transmitting or circulating of any false or untrue statements derogatory to the financial condition, solvency, or financial standing of any bank, savings bank, banking association, or trust company doing business in this state, and to prohibit the making, transmitting or circulating of any such untrue or false statements as to any banking corporation in this state, with the intent to depress the value of the stocks, bonds or securities thereof, and fixing a penalty therefor. [Passed April 15, 1921. In effect ninety days from passage. Approved by the Governor April 25, 1921.] SEC. 1. Circulating, or inducing to curculate false statements deroga tory to financial institution, with intent to depress value of stocks, etc.; penalty for. Be it enacted by the Legislature of West Virginia: Section 1. Whoever, directly or indirectly, wilfully and know2 ingly makes or transmits to another, or circulates, or counsels, 3 aids, procures, or induces another to make, transmit or circulate, 4 any false or untrue statement, rumor or suggestion derogatory 5 to the financial condition, solvency or financial standing of any 6 bank, savings bank, banking association, or trust company, doing 7 business in this state, or with intent to depress the value 8 of the stocks, bonds, or securities of any such banking 9 corporation, directly or indirectly, wilfully and knowingly makes 10 or transmits to another, circulates or counsels, aids, procures or 11 induces another to make, transmit or circulate any false or un |