9 possible with the exercise of reasonable diligence, the cost price to 10 the seller of each article to be included in the sale and the price 11 to be paid therefor; and unless the purchaser demand and receive 12 from the seller, a written list of the names and addresses of the 13 creditors of the seller, with the amount of indebtedness due or 14 owing to each, and certified by the seller under oath, to be a full, 15 accurate and complete list of his creditors, and of his indebtedness; 16 and unless the purchaser shall, at least fifteen days before 17 taking possession of such goods, wares, merchandise and fixtures, 18 or goods, wares and merchandise, or fixtures, or paying therefor, 19 notify personally or by registered mail every creditor whose name 20 and address is stated in said list, or of which he has knowledge, 21 of the proposed sale and of the price, terms and conditions thereof. 22 If said seller shall fail to make such inventory of such goods, 23 wares, merchandise and fixtures, or goods, wares and merchandise, 24 or fixtures, or if such inventory shall fail to state the true value 25 of said goods as above required, or if said seller shall fail to make 26 such true schedule of creditors as above required, and the pur27 chaser shall have knowledge of that fact, or in event the seller 28 shall assert there are no debts against him, if the purchaser shall 29 fail to require the affidavit as above provided, or if the seller and 30 the purchaser shall fail to give each of said creditors named in said. 31 schedule the notice above required in the manner above provided, or 32 if such notice shall not correctly state the amount of such goods, 33 wares, merchandise and fixtures, or goods, wares and merchan34 dise, or fixtures, proposed to be sold, and the consideration to be 35 paid therefor, and the time and manner of making the same, then 36 and in either of such events such sale shall prima facie be pre37 sumed to be fraudulent and void as against the creditors of such 38 seller, and the goods, wares, merchandise and fixtures, or goods, 39 wares and merchandise, or fixtures, in the hands of the purchaser, 40 or any part thereof, if it shall be found in his hands, shall be liable. 41 to such creditors; and in event the same, or any part thereof, shall 42 be withdrawn or disposed of by said purchaser, then the purchaser 43 himself personally shall also be liable to said creditors of such 44 seller, in any action at law, to the extent of the value of the goods, 45 wares, merchandise and fixtures so received by him and thus with46 drawn or disposed of. Sec. 2. Sellers and purchasers under this act shall include cor2 porations, associations, co-partnerships and individuals, but noth3 ing contained in this act shall apply to sales by executors, admin 4 istrators, receivers, assignees under a voluntary assignment for 5 the benefit of creditors, trustees in bankruptcy, or by any public 6 officer under judicial process. Sec. 3. The notice to creditors of the seller, as provided in sec2 tion one of this act, shall be sufficient if in form or effect as fol3 lows: 4 Notice to the creditors of .as 5 provided by the bulk sales law of West Virginia, as amended and 6 enacted by the acts of the legislature of one thousand nine hundred 7 and twenty-one. 8 To 9 10 Address You are hereby notified that the undersigned 11 has contracted to buy in bulk (the whole) or (the part thereof as 12 hereinafter described) of the stock of goods, wares and merchan13 dise (and fixtures) of ... 14 under the name of 15...... at..... doing business county, West Virginia, otherwise than in the 16 ordinary course of trade and in the regular prosecution of the 17 business of the seller, the same being set forth in full in the de18 tailed inventory made by the seller and purchaser, a copy thereof 19 being now in the possession of the seller and purchaser. 20 The written list of the names and addresses of the creditors of 21 the seller furnished the purchaser, and under oath of the seller, 22 shows you to be a creditor of the seller in the amount of $..... 23 The interest in the business of the seller proposed to be sold to 24 the purchaser is 25 The price, terms and conditions of the said proposed sale are as 29 The said proposed sale will be consummated and possession of 30 the above mentioned property will be taken by the undersigned. 31 purchaser on the ..day of 32 33 Purchaser. CHAPTER 109 (Committee Substitute for House Bill No. 156.) (By the Committee on Taxation and Finance.) AN ACT to amend and re-enact sections one, thirty-five, thirty-nine and sixty-four of chapter thirty-two of Barnes' code of West Virginia of one thousand nine hundred and eighteen, as amended and re-enacted by chapter one hundred and two of the acts of one thousand nine hundred and nineteen, and section forty of chapter one hundred and two of the acts of one thousand nine hundred and nineteen, and sections ninety-five, ninety-six, ninetyseven and one hundred of chapter thirty-two of Barnes' code of one thousand nine hundred and eighteen, and sections one hundred and five and one hundred and twenty of chapter thirty-two of the code of one thousand nine hundred and eighteen, as amended by chapter one hundred and two of the acts of one thousand nine hundred and nineteen, and section one hundred and twenty-a of chapter one hundred and two of the acts of one thousand nine hundred and nineteen, and adding to chapter thirty-two of the code, section forty-two-b, relating to licenses and license taxes. [Passed April 29, 1921. In effect from passage. Approved by the Governor May 3, 1921.] SEC. 1. 35. For what a state license is re- Certain licenses to designate house 35-a. License for bowling alley, etc.; 100. 105. 120. penalty. a Amount of license tax for junk Amount of license for circus or 120-a. Amount of license tax on soft drinks, bevo, etc.; wholesaler or manufacturer: retailer: inconsistent acts repealed. Be it enacted by the Legislature of West Virginia: That sections one, thirty-five, thirty-nine and sixty-four of chapter thirty-two of Barnes' code of West Virginia of one thousand nine hun dred and eighteen, as amended and re-enacted by chapter one hundred and two of the acts of one thousand nine hundred and nineteen, and section forty of chapter one hundred and two of the acts of one thousand nine hundred and nineteen, and sections ninety-five, ninetysix, ninety-seven and one hundred of chapter thirty-two of Barnes' code of one thousand nine hundred and eighteen, and sections one hundred and five, one hundred and twenty of chapter thirty-two of the code of one thousand nine hundred and eighteen, as amended by chapter one hundred and two of the acts of one thousand nine hundred and nineteen, and section one hundred and twenty-a of chapter one hundred and two of the acts of one thousand nine hundred and nineteen, be amended and re-enacted, and that sections thirty-five-a, thirtyfive-b and forty-two-b be added thereto to read as follows: 2 3 Section 1. No person without a state license therefor, shall (a) Keep a hotel, eating house, or restaurant; or (b) keep for public use or resort, a bowling alley, pool table, 4 billiard table, bagatelle table, or any table of like kind; or 5 (c) sell at wholesale or retail patent or proprietary medicines; 5-a in incorporated cities and towns; or 6 (d) exhibit any circus, menagerie, circus and menagerie com7 bined, theatrical performance, street or other carnival, or public 8 show, to which admission is obtained for money or reward, except 9 for the benefit or under the auspices of a volunteer fire depart10 ment; or 11 (e) run or opeate, for profit, a merry-go-round, or roller12 coaster, or scenic railway, or like device, or keep for public use 13 or resort, a shooting gallery, a skating rink; or run, or operate a 14 cane rack, doll-baby rack, knife rack, striking machine, jingle 15 board, punch board, artful dodger, candy wheel, or other scheme 16 or device by which merchandise or other things of value are dis17 posed of by game of chance, or like device, or human laundry de18 vice, or dip device; or 19 (f) act as a hawker or peddler; provided, that bona fide farmers 20 vending farm products shall not be required to have a license; or 21 (g) act as an auctioneer; or 22 (h) practice the business of real estate agent, stock broker, or 23 other broker, by buying or selling for others, stocks, securities, or 24 any other property for a commission or reward; or 25 (i) practice the business of money broker, buying or selling un26 dercurrent or depreciated money or funds; or exchanging one kind 27 of money or funds for another, for benefit or reward; or 28 (j) practice the business of pawn broker by lending money or 29 other things for profit, for or on account of personal property de30 posited with the lender in pledge; or 31 (k) sell, or barter, or offer, or expose, for sale or barter, any pat32 ent right; or 33 (1) sell, offer, or expose for sale to merchants trading stamps, 34 premium stamps, or certificates of like nature or character, or 35 undertake with merchants to redeem such stamps or certificates in 36 money or goods; or 37 (m) sell any sewing machines, pianos, organs, victrolas, phono38 graphs, talking machines, or similar musical instruments, or being 39 a traveling agent, canvasser, or salesman, sell or contract to sell 40 any books, maps, prints, pamphlets, and periodicals, except such 41 books, pamphlets and periodicals that be of a religious or ethical 42 nature, whether manufactured within or without the state; or 43 (n) sell, offer, or expose for sale, or solicit, or receive orders for 44 manufactured tobacco, snuff, cigars, cigarettes, or other prepara45 tions of tobacco, or cigarette paper or wrapper, at wholesale or re46 tail; or 47 (0) carry on business of junk dealer, or act as agent, solicitor, 48 canvasser or salesman, for any junk dealer; or 49 50 (p) sell pistols, revolvers, or weapons of like kind; or (q) maintain or occupy any houseboat, or like structure or ves51 sel, upon or along the bed, banks or shores of any navigable 52 stream; or 53 (r) maintain any slot machine or other automatic device, 54 which, for the same profit or reward, in each case, and without 55 any violation of the law, furnishes music, or exhibits pictures, 56 or provides facilities for weighing, or supplies any merchandise or 57 other thing, or renders any service; but no slot machine or other 58 automatic device with respect to which, or its operation, service, 59 or supplies, there is any element of chance (being a gaming table, 60 within the meaning of section one, of chapter one hundred and 61 fifty-one of the code), shall be protected by any license; or 62 (s) being a corporation, heretofore or hereafter chartered under 63 the laws of this state, whether its principal place of business or |