(House Bill No. 21.) CHAPTER 30. AN ACT to amend and re-enact section forty-nine of chapter thirty-nine of the code of West Virginia, concerning the county courts, their jurisdiction and powers. Passed February 21, 1895 ] Be it enacted by the Legislature of West Virginia: That section forty-nine of chapter thirty-nine of the code, chapter code of West Virginia, be amended and re-enacted so as 39, section 49, to read as follows: amended. county courts cers; how paid cept, etc. 49. The county court of every county shall allow Allowances by annually to the county officers hereinafter mentioned, to certain offifor their public services, for which no other fee or reward is allowed by law, such sums to be paid out of the county treasury, as are deemed reasonable by the court within the limits ascertained by law, that is to say: To the sheriff not to exceed two hundred dollars, except that the To sheriff; exsheriff of Cabell, Doddridge, Harrison, Jackson, Greenbrier, Lewis, Lincoln, Mason, Marshall, Marion, Monongalia, Mingo, Morgan, Putnam, Preston, Ritchie, Raleigh, Tyler, Tucker, Upshur and Wood counties, shall be allowed a sum not to exceed three hundred dollars, and Mercer not to exceed four hundred and fifty dollars, and to the sheriff of Kanawha, McDowell, Fayette and Ohio counties, a sum not to exceed five hundred To clerk of cirdollars. To the clerk of the circuit court not to exceed cuit court, extwo hundred dollars, except that the clerk of the circuit court of Kanawha, Fayette and Ohio counties shall be allowed annually not less than five hundred nor more than twelve hundred dollars; of Logan and Pleasants counties shall be allowed a sum not to exceed three hundred dollars; of Braxton, Jefferson, Mineral and Monongalia counties, not less than four hundred nor more than six hundred dollars; of Summers and Taylor counties not less than three hundred nor more than four hundred dollars; and of Berkeley, Barbour, Cabell, Greenbrier, Harrison, Jackson, Lincoln, Lewis, Marion, Mason, Marshall, McDowell, Mercer, Mingo, Putnam, Randolph, Ritchie, Tyler, Upshur, Wayne, Wetzel and Wood counties, a sum not to exceed six hundred dollars and not less than four hundred dollars each. To the To clerk of clerk of the county court a sum not to exceed two hun- except, etc. county court; cept, etc. attorney; ex cept, etc. dred dollars, except that the clerks of the county courts of Barbour, Greenbrier, Lincoln, Lewis, Mercer, Mineral, Monroe, Pleasants, Putnam, Randolph, Ritchie, Roane, Summers, Tyler, Taylor, Upshur and Wayne counties, shall be allowed a sum not to exceed three hundred dollars; and to the clerks of the county courts of Harrison, Jefferson, Berkeley, Fayette, Logan, Mingo and Ohio counties, a sum not to exceed five hundred dollars; and to the clerks of the county courts of Cabell, Marion, Marshall, Mason, McDowell, Monongalia, Jackson, Kanawha, Preston, Wetzel and Wood counties, a sum not to exceed six hundred dollars each. To To prosecuting the prosecuting attorney not less than two hundred nor more than four hundred dollars, except as follows: In the counties of Brooke, Barbour, Clay, Greenbrier, Jefferson, Mineral, Monongalia, Mingo, Lewis, Putnam, Randolph, Wayne, Ritchie, Upshur and Wetzel, not less than three hundred nor more than six hundred dollars; and Mercer not to exceed eight hundred dollars; in the counties of Berkeley, Cabell, Fayette, Harrison, Jackson, Marion, Marshall, Preston, Summers, Braxton, and Taylor, not less than five hundred nor more than one thousand dollars; in the counties of Mason, McDowell and Wood, not less than five hundred nor more than twelve hundred dollars; and in the counties of Kanawha and Ohio, not less than one thousand nor more than eighteen hundred dollars. But no extra pensation al- compensation shall be allowed to any public officer, lowed, etc., nor agent, servant or contractor, after the service shall have ed, etc. been rendered or the contract made, nor shall the salary of any public officer be increased or diminished during Duty of prose- his term of office. And it shall be the duty of the prosney; no addi- ecuting attorney to attend to, bring, or prosecute, or defend, as the case may be, all actions, suits and proceedings in which his county or any district board of education therein is interested, without additional compensation. No extra com salary increas cuting attor tional pay therefor. WILLIAM SEYMOUR EDWARDS, WM. G. WORLEY, President of the Senate. STATE OF WEST VIRGINIA, OFFICE OF SECRETARY OF STATE, 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. W. E. CHILTON, [NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.The foregoing act takes effect at the expiration of ninety days after its passage.] (House Bill No. 96.) CHAPTER 31. AN ACT to amend and re-enact section fifteen of chapter thirty-nine of the code of West Virginia. [Passed February 14, 1895.] Be it enacted by the Legislature of West Virginia: Section 15, That section fifteen of chapter thirty-nine of the code of West Virginia, be and the same is hereby amended chapter 39 of and re-enacted, so as to read as follows: code amended. seats; An affidavit to 15. Whenever the citizens of any county desire the Relocation of relocation of their county seat they may file their peti-petition for. tion or petitions for such relocation at a place or places, to be named therein, at any regular session of the county court of such county. None but legal voters of the who may sign county shall sign said petition or petitions, and an affi- it. davit shall be appended thereto that the petitioners are, be appended. as the affiant verily believes, legal voters of said county. Upon the filing of the said petition or petitions each place at which a relocation is sought, being petitioned for by two-fifths of all the legal voters of the said coun- Two-fifths of ty, to be estimated by allowing one vote for every six legal voters repersons in such county, as shown by the last preceding be ascertained census, said court shall at the same term at which said petition or petitions are filed, make an order that a vote be taken at the next general election to be held in the said county, upon the question of such relocation, at the place or places named in the said petition or petitions, Election for reeach having the signatures of two-fifths of the legal vot- location; how ers of said county as aforesaid. And if such petition or held. quired; how to ordered and Special elec tion; when to be ordered, and held. petitions be filed in any year in which no general elec tion is to be held, the said county court shall, at the same session thereof at which such petition or petitions are filed, fix a day for and order the holding of a special how and when election upon the question of such relocation; which special election shall be held in the said county not less than sixty days nor more than four months from the date of said order; Provided, the petitioners signing each of said petitions, if there be more than one petition, or some one for them, shall at the same term of said court, enter into and acknowledge a bond, with cost of special good security, to be approved by said court, in the penalty of five thousand dollars, conditioned to pay all the legal costs of holding said election, and if such bond be not given no special election shall be held. Bond to pay elections re quired. Clerk to make copies of order for election. The clerk of said court shall, upon the adjournment of said court, make out and certify as many copies of said order as there are voting places in said county, and deliver the same to the sheriff thereof, whose duty it Notice of elec- shall be to post one of said copies, or cause it to be done, tion to be posted and published. Necessary number of votes to relocate. County court to declare tion. seats have been at each of said places of voting in said county at least forty days before the day of such election; and if a newspaper is printed in said county, the court shall in addition to the above notice, cause a copy of said order to be published therein, at least once in each week for four consecutive weeks prior to such election. If three-fifths of all the votes cast at said election upon the question, be in favor of the relocation at either of the places voted for the said county court shall enter an order declaring the place so receiving three-fifths of all the votes cast change of loca- therefor, to be the county seat of said county from and after that date. And where the county seat of any county in this state has since the first day of January, Where county 1872, been relocated by a special act of the legislature, relocated by in such case, if a majority of all the votes cast at said election upon the question, be in favor of the relocation cient to remove of the county seat of such county at either of the places voted for, the said county court shall enter an order declaring the place so receiving a majority of all the votes cast therefor, to be the county seat of said county from and after that date. And the county court directing the vote to be taken in such case shall recite that the county seat of said county has since the date aforesaid been relocated by a special act of the legislature, which recital shall be conclusive of that fact. But no county seat shall hereafter be relocated or removed to any place within a distance of five miles from the state line of this state, unless at an election held for such relocation pursuant to this section, three-fourths of all the votes cast upon the question of such relocation be in favor of such special acts a majority suffi Duty of county court in such cases. Limits and proviso as to where re moved. be removed. relocation at the point so within five miles of the state line of this state. And the said court shall, as soon Records, etc., to thereafter as practicable, cause all the records, papers and office property pertaining to the offices of the clerks of the county and circuit courts to be removed to the said new county seat. jected. The ballots used in voting on the question of such re- Ballots. location shall have written or printed on them the words, "Relocation of county seat," "For relocation of county seat at" (naming the place), "Against relocation of county seat;" Provided, that no ballot cast at such election upon such question shall be rejected because all the what ba lots words described are not written or printed thereon, if it not to be reclearly appears how the voter intended to vote; and provided, also, that if said election be held at a Ballots at gengeneral election the ballots shall be the same as those eral election. used in voting for officers at said general election. The said votes shall be taken, superintended, conducted and Election: how superintended returned in the same manner and by the same officers as and conducted. elections for county and state officers. If said election be held at a general election, the commissioners of election shall make out and sign a separate certificate of the result of said vote, and deliver the same to the clerk of the county court within the same time they are required by law to deliver the certificates of the result of the election for officers held by them. tion; commis appointment And if said election be held at a special election, then spos said county court shall at the session at which the elec- sioners, their tion is ordered, appoint three commissioners of that and duties. election for each voting place in said county, who shall ascertain and certify the result of such election in the same manner as herein provided to be done at a general election. result to le laid And the certificate of the result of such special elec- Certificate of tion shall be laid before the court by the clerk thereof, before county at a special session thereof, which shall be held within court. five days (Sundays excepted) after said special election. Said court shall thereupon ascertain and declare the result of said vote and enter the same of record. Declaration of the result of When two pe duty of court. If two petitions for such relocation at different places the election. be presented to the county court at the same session, titions for difeach signed by two-fifths of the legal voters of the said ferent places; county, ascertained in the manner hereinbefore provided for, the court by a proper order entered of record at the same term at which said petition or petitions are filed, shall direct that a vote be taken between all the places mentioned in the said petitions, but such county seat shall not be removed unless some one of the places voted for at said election shall have received the number of votes herein before required in the several cases afore- Vote required. |