22 act may be acquired by condemnation by said board in the same 23 manner as the county court may acquire other real estate for 24 public uses and purposes, and the title of all such property 25 shall be and vest in the county court. The said board shall 26 have power to appoint a suitable custodian and assistants and 27 prescribe rules for their conduct; fix their duties and compensa28 tion, and shall have power to remove such appointees and, in gen29 eral, to carry out the spirit and intention of this act. Sec. 4. Said hospital established under this act, shall be free 2 for the use of the inhabitants of the county, subject to such 3 reasonable rules and regulations as the board may adopt, in order 4 to render the use of said hospital of the greatest benefit to the 5 greatest number; and the said board may exclude from the use 6 of the hospital any and all persons who shall wilfully violate such 7 rules. The board of directors may extend the use and privileges 8 of the hospital to non-residents of the county upon such terms 9 and conditions as said board may prescribe. Sec. 5. The board of directors shall on or before the first day 2 of July in each year, make a report to the county court, stating 3 the condition of the property, the various sums of money received 4 from the hospital fund, and from all other sources, how much 5 money was expended and for what expended; also an itemized 6 budget estimate of expense of the property for the ensuing 7 year, with such other information and suggestions as they deem 8 of general interest, or that may be required of the county court. Sec. 6. Any person or persons, including corporations, who de2 sire to make donations of cash or other personal property, or real 3 estate for the benefit of the hospital, shall have the right to 4 do so, and shall have the right to vest the title thereof in the 5 county court, to be held in trust and controlled by such board, 6 the same as the other property owned or acquired, and accord7 ing to the terms and for the purposes set out in the deed, gift, 8 devise or bequest. Sec. 7. Any one who shall wilfully deface or injure such 2 hospital or property, shall be guilty of a misdemeanor, and on 3 conviction thereof shall be punished by a fine of not less than 4 ten dollars nor more than one hundred dollars or by imprison5 ment not exceeding twelve months, or both. The fine in each 6 case shall be paid to the proper officer of the hospital fund, to be 7 used as other money paid into its treasury. Sec. 8. Provided, however, that this act shall have no force or 2 effect until it shall have been ratified by a majority of the legal 3 voters of the county of Wetzel voting upon its ratification or re4 jection at an election to be held at the same time and places as the 5 primary election held in said county for the purpose of nominating 6 candidates for county offices to be voted upon at the general elec7 tion to be held in the year one thousand nine hundred and twenty8 two. For the purpose of obtaining an expression of the voters 9 upon the ratification or rejection of this act, the county court shall 10 cause to be printed and delivered to the proper election officials ap11 pointed for holding the primary election aforesaid, a ballot, con12 taining the words set out in the caption of this act, with words un13 derneath as follows: 14 () For ratification of act: 15 16 ( ) Against ratification of act: The election upon this question shall be conducted and the res17 sult ascertained and certified in the manner as that for nominating 18 candidates for county offices at said primary election. CHAPTER 178 (House Bill No. 236-Mr. Satterfield.) AN ACT authorizing the city of Fairmont to lay a special levy for completing the bridge now in course of construction across the Monongahela river and to repay the citizens of said city any moneys heretofore advanced, or which may hereafter be advanced by them in aid of such construction, not to exceed the sum of one hundred and twenty-five thousand dollars and interest. Municipal corporation Approved by the Governor authorized to lay "Special bridge levy;" pur- Be it enacted by the Legislature of West Virginia: Section 1. The city of Fairmont, a municipal corporation, is 2 authorized to lay annually an additional levy, to be called a 3 "Special Bridge Levy", over and above and in addition to all 4 other authorized levies, of not to exceed twenty cents on the 5 one hundred dollars assessed valuation of all the taxable property 6 within the said city of Fairmont for the purpose of completing 7 the bridge now in course of construction across the Monongahela 8 river in said city and for repaying to the citizens of said city, 9 known as the bridge aid syndicate, any moneys heretofore ad10 vanced or which may hereafter be advanced by them, to said city 11 in providing payment for said bridge, not to exceed the sum of 12 one hundred and twenty-five thousand dollars and interest thereon, 13 said levy not to continue longer than five years. CHAPTER 179 (House Bill No. 10-Mr. Hall, of Wetzel.) AN ACT to validate the proceedings authorizing the issuance of bonds of the town of Smithfield, Wetzel county, West Virginia, for the purpose of grading, improving and hard-surfacing the main thoroughfare of said town, and to authorize the execution and sale thereof, and to provide a tax to pay the same. [Passed March 31, 1921. In effect from passage. April 9, 1921.] Approved by the Governor act not effective until ratified by voters at special election; provisions for election. Tax to pay bonds to be levied each year. Be it enacted by the Legislature of West Virginia: Section 1. All proceedings authorizing the issuance of bonds 2 of the town of Smithfield, Wetzel county, West Virginia, in the 3 amount of fifteen thousand dollars, for the purpose of grading, im4 proving and hard-surfacing the main thoroughfare of said town, 5 which bonds bear date the first day of September, one thousand 6 nine hundred and twenty, and interest at the rate of six per cent 7 per annum and are to be issued serially in equal installments for 8 one thousand dollars each, so that after the first ten years from the 9 date of their issue one of the series will fall due and be payable 10 in every year until the whole of the issue is paid, with the provis11 ion that any or all of said bonds may be paid after ten years from 12 the date of issue, and were authorized by an ordinance of said town 13 of Smithfield, and by an election held in said town for that pur14 pose, on the twenty-first day of August, one thousand nine hun15 dred and twenty, at which election more than three-fifths of all the 16 votes cast for and against the issuing of such bonds was in favor of 17 their issuance, are hereby in all respects validated and confirmed. 18 The constituted and acting authorities of the town of Smithfield 19 are hereby authorized to execute, make sale of, and deliver such 20 bonds pursuant to such proceedings at not less than par. Pro21 vided, that this act shall not become effective until it shall have 22 been ratified by a majority of the votes cast at an election held 23 in said city of Smithfield for the purpose of determining whether 24 this act shall be approved or disapproved. For this purpose an 25 election shall be called by the common council of said town of 26 Smithfield within six months from the date of the passage of this 27 act, and notice of such election shall be given by posting a copy of 28 this act, together with a copy of the proclamation calling said elec29 tion at the voting place or places, and at least five other places 30 within the corporation limits of said town. The ballot used at 31 said election shall contain a brief statement of the question being 32 voted upon and directly underneath shall be printed the words: "For ratification of act." 33 34 "Against ratification of act." Sec. 2. A tax sufficient to pay the interest and maturing prin2 cipal of the bonds mentioned in section one of this act shall be 3 levied each year as required by the constitution, anything herein 4 or any other statute to the contrary notwithstanding. CHAPTER 180 (House Bill No. 129-Mr. Otto.) AN ACT authorizing and empowering the board of commissioners of the county of Ohio, to expend and use for the construction and maintenance of streets, roads and highways within the corporate limits of the city of Wheeling, in Ohio county, a portion of the funds raised from county tax levies on the taxable property in Ohio county for road and highway purposes. [Passed April 21, 1921. In effect ninety days from passage. Approved by the Governor April 29, 1921.] SEC. SEC. 1. Board of commissioners may use funds raised from county tax 2. levies on streets, roads and highways in city of Wheeling. Inconsistent acts repealed. Be it enacted by the Legislature of West Virginia: Section 1. The board of commissioners of the county of Ohio 2 is hereby authorized and empowered, in its discretion, to use and 3 expend for the construction and maintenance of streets, roads and 4 highways, within the corporate limits of the city of Wheeling, in 5 Ohio county, so much as the said board of commissioners may 6 deem advisable, and at such time or times as the said board may 7 determine, of the funds raised from county tax levies on the tax8 able property of Ohio county for road and highway purposes. Sec. 2. All acts or parts of acts in conflict with this act are 2 hereby repealed. CHAPTER 181 (House Bill No. 78-Mr. McColloch.) AN ACT to amend and re-enact section five of chapter twenty-nine of the acts of the legislature of West Virginia, one thousand nine hundred and nine. [Passed April 19, 1921. In effect ninety days from passage. Governor April 30, 1921.] SEC. 5. County to be divided into districts; number, size and population; district officers elected; Approved by the board of commissioners: residence of office of justice of peace and commissioner incompatible. WHEREAS, By chapter fourteen of the acts of the legislature of one thousand nine hundred and nineteen, the boundaries of the city of Wheeling were changed not to be effective until an election was held within the boundaries of the city of Wheeling and the proposed annexed territory, between the first day of October and the first day of December, one thousand nine hundred and nineteen, and upon the vote being favorable to such annexation the territory embraced in said acts should become part of the city of Wheeling, after January first, one thousand nine hundred and twenty, and WHEREAS, at an election held on the twenty-sixth day of November, one thousand nine hundred and nineteen, a majority of the votes were cast in favor of the annexation and the said territory proposed to be annexed was annexed and became a part of the city of Wheeling and the boundaries were thereupon changed, and WHEREAS, by the said act designated as chapter twenty-nine of the acts of the legislature, one thousand nine hundred and nine, the territorial sub-division or the representation of the board of county commissioners was fixed according to the then boundaries of the city of Wheeling so that the city should be divided into two sections and the county district embrace the third section, and |