Page images

be kept by

and open for inspection.

Porinet de copies imum for the transportation of such car-load. Printed station agents; copies of every such tariff shall be kept with every

station agent, open to inspection, as provided in the first section hereof with reference to the copies of the classitication.

To vision for

of all freight

to discriminate.


3. Such corporation, company, public carrier or inVismaker pro- dividual, shall make reasonable provisions for transportransportation tation of all freight that may be offered it for shipment, offered without and transport the same without unreasonable delay; and delay; and not shall not discriminate against or among persons offering

freight for shipment over such railroad, in rates, distribution or allotment of cars, or otherwise under substantially similar circumstances and conditions; and shall not give or allow to any shipper or consignee of freight any rebate or drawback, so as to give such shipper, or consignee, any advantage over any other shipper or consignee.

The compensation for the transportation of goods and Compensation; merchandise, and all kinds of property hereinbefore

prescribed, shall be interpreted to include all fees and commissions charged by any such corporation, company, public carrier, or individual, their agent or agents, for manifesting, receiving, handling, shipping and delivering any goods, merchandise, and all other kinds of property for transportation on said railroads so that the entire charge made by such corporation, company, public carrier or individual shall not exceed the regular

transportation fees herein prescribed ; except for the Storage may be storage of any articles in any depot or warehouse of charged, when.

such corporation, company, public carrier, or individnal, or in any depot or warehouse by their agent or agents, which remain in such depot or warehouse after the lapse of twenty-four hours from the time the consignee is notified by the agent, or the other employees of such corporation, company, public carrier, or any individual of their arrival, in cases where the abode of the consignee is known to said agents.


4. Any corporation, company, public carrier or individual now owning or operating, or which may hereafter own or operate, any railroad in this State, which shall violate any provisions of this act shall be subject to a fine for every such offense of not less than fifty and not exceeding one thousand dollars.

Acts repealed.

5. All acts and parts of acts which conflict with any of the provisions of this act are hereby repealed.

(Approved February 21, 1895.)

(NOTE BY THE CLERK OF THE HOUSE OF DELEGATES. The foregoing act takes effect at the expiration of ninety days after its passage.]

(Senate Bill No. 86.)


AN ACT to amend and re-enact sections twenty-one and

twenty-two of chapter thirty of the code of West Virginia, in relation to the collection of delinquent taxes.

[Passed February 21, 1895.]

Be it enacted by the Legislature of West Virginia:

That sections twenty-one and twenty-two of chapter thirty of the code of West Virginia, as last amended

Code, chapter and re-enacted by chapter thirteen of the acts of the leg- 30, sections 21 islature of one thousand eight hundred and eighty-one, and

and 23, amendbe and the same are hereby amended and re-enacted so as to read as follows:



21. The sheriff or collector of every county shall, at or before the session of said court at which the county or collector to levy is to be laid, present to said court three lists men- lists, etc., for tioned in the eighteenth section of this chapter for ex-examination;

disposition of; amination. The court having become satisfied of the clerk's duty correctness of said lists or having corrected them, if erroneous, shall direct their clerk to certify copies thereof to the auditor. The original lists shall be preserved by the clerk in his office, and the list of real estate delinquent shall be recorded by the clerk, in a well bound book to be kept by him for the purpose. After the said copies are so certified, the sheriff or collector shall not Sheriff or colreceive any of the taxes mentioned in said lists, except lector not to as provided in section six of chapter thirty-one, but they taxes, when. may be paid into the treasury of the State at any time

where they before the list of delinquent lands is delivered to the may be paid. sheriff for sale, as provided by section four of chapter thirty-one, or in the case of personal property, at any time before the list is placed in the hands of an officer for collection, as provided in the twenty-third section of this chapter. And any person being the owner of any part of a tract part of a tract or parcel of land, the whole of which has redeem it.

When and

How owners of Proviso as to town lots.

been returned delinquent in the name of another person, and the person owning such part desires to pay the taxes on the same, he shall be entitled to do so upon complying with the requirements of sections thirty-six and thirty-seven of chapter thirty-one in reference to the redemption of land where the same has been sold and purchased by the State; Provideid, howerer, that if the part upon which any such person desires to pay the taxes, shall be a town lot and the same shall be designated by number, or other detinite description, upon any plat of such town or addition thereto, filed in the county clerk's office, and there shall be any data on the land books where such land is charged, from which the auditor can correctly ascertain the taxes properly chargeable to such lot, it shall be his duty to compute the proper proportion of taxes chargeable to such lot and upon payment of the same such lot shall be discharged from said delinquency, without any other proceedings being necessary. In all cases where the taxes on the whole or any part of a tract of land shall be paid to the auditor under this section, he shall give to the person in whose name

the same are paid, a receipt describing the land, giving payment and the amount so paid and the year or years for which the discharge,

saine are paid, which receipt shall be evidence of the payment of the taxes on the land therein described for the year or year's specified therein, and it

shall also be the duty of the auditor to transmit to the clerk of county

clerk of the county court of each county, on or before court list, etc. the first day of April in each year, a list of all the real

estate in his county, on which the taxes have been paid under the provisions of this section. Where the taxes

on a part of a tract have been paid, the same proceedpart of tract ings shall be had as to the remainder as if it were a seppaid: provision

arate tract returned delinquent in the original owner's as to remain- name, except that it shall be described in the lists sent to

the sheriff, for sale, so as to show of what land it constitutes the remainder, and the quantity or part upon which taxes have been paid, shall be stated and the proper proportion of the taxes shall be computed and charged to the remainder.

Evidence of


Auditor to transmit to

Proceedings where taxes on

have been


up, etc.

Auditor to credit sheriff with list, when.


The copies directed by the preceding section to Copies to auditor to be sealed be certified to the auditor, shall be sealed up by the

clerk in an envelope, addressed to the auditor and delivered to the sheriff or collector by whom they were presented. The auditor shall credit the sheriff or collector with the amount of all state and state school taxes mentioned in said lists, if the same be presented at his office before the first day of September in the year next succeeding that for which said taxes were as

sessed. All taxes paid to the auditor under the preced- Auditor to pay
ing section shall be paid by him into the treasury of the treasury: cer-
state and he shall draw his warrant on the treasurer pay-county clerk.
able to the order of the sheriff of the proper county for
the county and district taxes so received by him. He
shall at the same time certify to the clerk of the county
court of the same county, the amount of any such war-
rant and the portions thereof which are due to the
county and the district in which the land is situated, re- Clerk to notify
spectively. The said clerk shall in turn notify the boards of edu-
proper board of education of the amount due the dis-
trict in such case.

Speaker of the IIouse of Delegates.

President of the Senate.


February 28, 1895.

I certify that the foregoing act, having been presented to the governor for his approval, and not having been returned by him to the house of the legislature in which it originated within the time prescribed by the Constitution of this State, has become a law without his approval.


Secretary of State.

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES. The foregoing act takes effect at the expiration of ninety days after its passage.]

(Senate Bill No. 26.)


AN ACT to provide for the appointment of deputy

clerks in any of the criminal or intermediate courts now existing in the State of West Virginia.

[Passed January 26, 1895.]

Be it enacted by the Legislature of West Virginia :

Clerk of crimi

diate court may

ty, how.

Oath to be taken by.

1. That the clerk of any criminal or intermediate nilor interme court may, with the consent of the judge of said court, appoint a dep-appoint any person his deputy. Such consent shall in

every case be entered of record. Every deputy so ap

pointed shall take the same oath his principal is required May perform to take, and may, during his continuance in office, disduties of prin-charge and perform any of the oflicial duties of his cipal. Principal liable principal, and any default or misfeasance in oftice of for his default such deputy shall be deemed a breach of the conditions or misfeasance.

of the official bond of his principal.

2. Such deputy may be removed from his office by his principal, or by the court, or judge, with whose consent he was appointed.

How removed.

(Approved February 5, 1895.)

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES. The foregoing act takes effect at the expiration of ninety days after its passage.]

(Senate Bill No. 1.)


AN ACT to provide for the election of a special judge

in any of the criminal or intermediate courts now existing in the State of West Virginia.

[Passed January 23, 1895.]

When a special judge may be elected.

Be it enacted by the Legislature of West Virginia:

That when for any cause the judge of a criminal court or intermediate court shall fail to attend and hold the same, either at the commencement of the term, whether regular, adjourned or special, or at any time before its adjournment, or if he be in attendance and cannot properly preside at the trial of any cause therein, the attorneys present and practicing in said court may elect a judge by ballot, to hold said court during the absence

of the judge, or for the trial of the cause in which the Clerk to hold judge of said court cannot preside. the election,

The clerk of the court shall hold said election, declare


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