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36 that purpose, it is agreed that the board of public works of the 37 state of West Virginia shall annually cause to be levied and col38 lected an annual state tax on all property in the state, until said 39 bond is fully paid; sufficient to pay the annual interest on said 40 bonds and the principal sum thereof within the time this bond 41 becomes due and payable.

42 This bond is hereby made exempt from any taxation by the 43 state of West Virginia, or by any county, district or municipal 44 corporation thereof.

45

In testimony whereof, witness the signature of..... treasurer of the state of West Virginia, and the counter 47 signature of... auditor of said state hereto affixed

46

48 according to law, dated the......day of......

.one thou

49 sand nine hundred and... and the seal of the state of West

50 Virginia.

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51

52 (Seal)

Treasurer of the State of West Virginia.

53 Countersigned:

54

55 Auditor of the state of West Virginia.

Sec. 4. The form or coupons shall be substantially as follows,

2 to-wit:

3 Bond No.....

State of West Virginia

Coupon No.....

19....., the state of West

4 On the first day of.

5 Virginia will pay to bearer, in gold coin of the United States of 6 the present standard of weight and fineness, at the office of the

7 treasurer of the state, or at the option of the holder at.....

8

9

10 No... 11-12

13

..bank in New York City, the sum of....

.. dollars, the same being the semi-annual interest on Bond series of one thousand nine hundred and twenty

Treasurer of the State of West Virginia. 14 The signature of the treasurer to said coupons shall be by his 15 engraved fac-simile signature, and each coupon shall be impressed 16 on the back with its number in order of maturity from number 17 one consecutively. Said bonds and coupons may be signed by 18 the present treasurer and auditor, or by any of their respective 19 successors in office; but no change in such signatures shall be 20 necessary by reason of any change of said officers.

Sec. 5. All coupon and registered bonds issued under this act 2 shall be separately listed by the auditor of the state in books pro3 vided for the purpose, in each case giving the date, number, char4 acter and amount of obligations issued, and, in case of registered 5 bonds, the name of persons, firm, or corporation to whom issued. Sec. 6. A fund is hereby created, designated as the state road 2 sinking fund. Into this fund shall be paid all moneys re3 ceived from the annual state tax levy on the taxable property 4 in the state for state road road sinking fund purposes, from 5 any and all appropriations made by the state from 6 other sources for the purposes of paying the interest on said bonds 7 or paying off and retiring same, from fines, forfeitures and 8 penalties, if any made applicable by law for the payment of said 9 bonds or the interest thereon, from transfer fees as here10 in provided, and from any source whatsoever, which is made liable 11 by law for the payment of the principal of said bonds or the inter12 est thereon.

13

All such funds shall be kept by the treasurer in a separate ac14 count, under the designation aforesaid, and all money belonging 15 to said fund shall be deposited in the state treasury to the credit 16 thereof.

17

Said fund shall be applied by the treasurer of the state, first to 18 the payment of the semi-annual interest on said bonds as it 19 becomes due as herein provided. The remainder of said fund 20 shall be turned over by the state treasurer to state sinking fund 21 commission, whose duty it shall be to invest the same 22 in the bonds of the government of the United States, 23 the bonds of the state of West Virginia, or any political 24 sub-division thereof; provided, however, that bonds so purchased 25 by the said state sinking fund commission shall mature so as to 26 provide sufficient money to pay off all bonds herein provided to 27 be issued as they may become due; and said state road sinking 28 fund shall be expended for the purpose of paying the interest and 29 principal of the bonds hereby provided for, and for no other pur30 pose, except that said fund may be invested until needed, as herein 31 provided.

Sec. 7. In order to provide the revenues necessary for the pay2 ment of the principal and interest of said bonds, as hereinbefore 3 provided, the board of public works is authorized, empowered and 4 directed to lay annually a tax upon all real and personal

5 property subject to taxation within this state, sufficient to pay 6 the interest on said bonds accruing during the current year and 7 one-twenty-fifth of the total issue (at par value) of said bonds, for 8 such number of years, not exceeding twenty-five, as may be nec9 essary to pay the interest thereon and to pay off the principal sum 10 of said bonds; and said taxes, when so collected, shall not be liable 11 for or applicable to any other purpose

12

Provided, however, if there be other funds in the state treasury, 13 or in the state road fund, in any fiscal year, not otherwise appro14 priated, or if other sources of revenue be hereafter provided by 15 law for the purpose, the board of public works is authorized, em16 powered and directed to set apart, in any year there be such funds, 17 or other sources of revenue provided for such purpose, a sum 18 sufficient to pay the interest on said bonds accruing during the 19 current year, and to pay off and retire the principal of said bonds, 20 or any part thereof, at maturity.

21

The authority hereby vested in the board of public works shall 22 be in addition to the authority now vested in it by present law.

Sec. 8. The governor shall sell all bonds herein mentioned 2 at such time or times as he may determine necessary to provide 3 funds for road construction purposes, as herein provided, upon 4 recommendation of the state road commission. All sales shall 5 be at not less than par and interest accrued since the last semi6 annual dividend period. All interest coupons becoming pay7 able prior to said sale date shall be cancelled by the treasurer and 8 rendered ineffective before the delivery of the bonds so sold. Reg9 istered bonds shall bear interest only from the date of delivery. Sec. 9. The plates from which the bonds authorized by this 2 act are printed shall be the property of the state of West Virginia.

Sec. 10. All necessary expenses incurred in the execution of 2 this act shall be paid out of any money in the treasury of the 3 state of West Virginia, not otherwise appropriated, on warrants 4 of the auditor of the state drawn on the state treasurer.

Sec. 11. The state auditor shall be the custodian of all un2 sold bonds issued pursuant to the provisions of this act.

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CHAPTER 114

(Senate Bill No. 216-Mr. Henshaw.)

AN ACT to refund license fees heretofore collected on tractors and traction engines used exclusively for hauling threshing outfits, clover hullers, hay balers, binders and other similar farming implements not designed for hauling.

[Passed April 27, 1921. In effect ninety days from passage. Became a law without the approval of the Governor.]

SE

1. State road commission authorized
to refund certain taxes collected
on tractors, etc.

Be it enacted by the Legislature of West Virginia:

Section 1. The state road commission is hereby authorized to 2 refund all license fees heretofore collected under section one 3 hundred and seventeen of chapter sixty-six of the acts of the 4 legislature of West Virginia for the year one thousand nine hun5 dred and seventeen, on tractors and traction engines used ex6 clusively for hauling threshing outfits, clover hullers, hay balers, 7 binders and other similar farming implements not designed for 8 hauling purposes.

CHAPTER 115

(Senate Bill No. 308-Mr. Harmer.)

AN ACT to amend and re-enact sections three, four and five of chapter thirty-two-a, of the code, as amended by chapter one hundred and eight of the acts of one thousand nine hundred and nineteen, and sections fifteen, sixteen and twenty-four of chapter thirty two-a of the code, and section thirty-one of chapter thirty-two-a of the code as amended by chapter fifty-eight of the acts of one thousand nine hundred and seventeen, as amended by chapter one hundred and eight of the acts of one thousand nine hundred and nineteen, and sections thirty-one-a, thirty-one-b and thirty-seven of chapter one hundred and eight of the acts of one thousand nine hundred and nineteen, relating to the manufacture, sale and storage of intoxicating liquors.

[Passed April 21, 1921. In effect ninety days from passage. Approved by the Governor May 2, 1921.]

SEC. 3.

4.

5.

15.

16.

24.

31.

Sale, etc. of intoxicating liquors ;
penalty; second offense, felony;
penalty; indictment to show
whether it is second offense;
form of indictment.
What things act does not pro-
hibit affidavit required of pur-
chaser of wine for sacramental
purposes: sales to certain per-
sons prohibited; penalty; form
of indictment against druggist.
False affidavit; penalty; second of-
fence penalty.
Office of state commissioner of pro-
hibition created: appointment,
term, oath, bond; removal; sal-
ary and traveling expenses; of-
fice at capitol deputies, their
powers and duties; "commission-
er" defined; transfer of records.
Commissioner and deputies to en-
force prohibition laws of this
state powers of deputies: rights
to carry firearms; prosecuting at-
torneys or attorney general not
relieved of any duties imposed by
law.

Manufacture and sale of wine and
alcohol to be under the super-
vision of the commissioner.
Unlawful to carry into or within
this state any quantity of in-

SEC.

31-a.

31-b.

37.

toxicating liquors for any purpose; penalty; second offense; penalty indictment to charge with offense; unlawful for carrier to carry or permit passenger to carry any quantity of liquors penalty; jurisdiction of court of equity.

Unlawful to order. sell or purchase liquors to be transported in state; penalty; second offense, penalty.

Unlawful for non-resident vendor to sell or furnish intoxicating liquors; penalty; second offense; penalty.

Unlawful to own, operate, maintain or have in possession "moonshine still" same defined: a penalty; abetting another, penalty form of indictment; posseszion of moonshine liquor a misdemeanor; penalty: violator immune from prosecution, when; the making of other concoctions prohibited; penalty form of indictment: other sections to apply as far as applicable justice authorized to accept bond from person held for felony; moonshine stills etc., to be estroyed; inconsistent acts repealed.

Be it enacted by the Legislature of West Virginia:

That section three, four and five of chapter thirty-two-a of the code, as amended by chapter one hundred and eight of the acts of one thousand nine hundred and nineteen, and sections fifteen, sixteen and twenty-four of chapter thirty-two-a of the code, and section. thirty-one of chapter 32-a of the code, as amended by chapter fiftycight of the acts of one thousand nine hundred and seventeen, as amended by chapter one hundred and eight of the acts of one thousand nine hundred and nineteen, and sections thirty-one-a, thirty-one-b and thirty-seven of chapter one hundred and eight of the acts of one thousand nine hundred and nineteen, be amended and re-enacted so as to read as follows:

Section 3. Except as hereinafter provided, if any person 2 acting for himself, or by, for or through another shall sell, keep, 3 store, offer, or expose for sale; or solicit or receive orders for 4 any liquors, or absinthe or any drink compounded with absinthe, 5 he shall be deemed guilty of a misdemeanor for the first offense 6 hereunder, and upon conviction thereof shall be fined not less 7 than one hundred dollars nor more than five hundred dollars, and 8 imprisoned in the county jail not less than two nor more than

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