(Senate Bill No. 16.) CHAPTER 34. AN ACT to amend section fifteen of chapter one hundred and thirty-seven of the code of West Virginia. [Passed January 26, 1895.] Be it enacted by the Legislature of West Virginia : That section fifteen of chapter one hundred and thirty- Code amended. seven of the code be and the same is hereby amended so as to read as follows: stable not to ful fee bill. Liability 15. If any justice or constable shall knowingly and Justice or conwith intent to defraud issue a fee bill for any service issue a wrongagainst any person not chargeable therewith, or for a greater amount than the law allows, he shall pay to the person against whom the same is issued four times the amount so unlawfully charged, which may be recovered therefor. by such person before any court or any justice, not interested, having jurisdiction. He shall be also liable to indictment for a misdemeanor and upon conviction thereof shall be fined not less than ten dollars, nor more Penalty. than fifty dollars, and imprisoned at the discretion of the court, not to exceed thirty days. (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. 8.) CHAPTER 35. AN ACT to amend and re-enact section one of chapter sixty of the code of West Virginia, regarding inclosures and certain trespasses. [Passed February 6, 1895.] Code amended. What a lawful fence. Common rail fence. Post and rails; post and plank, or pickets. Stone. Hedge fence. Fence built on a mound. Post and wire. Pickets and wire. Fences hereto fore lawful to remain such. Be it enacted by the Legislature of West Virginia: That section one of chapter sixty of the code be amended and re-enacted so as to read as follows: 1. Every fence of the height and description hereinafter mentioned shall be deemed a lawful fence, as to any stock named in the third section, which could not creep through the same, that is to say: I. If built of common rails known as the worm fence, four and one-half feet high. II. If build with posts and rails, or posts and plank, or pickets, four feet high. III. If built with stone, two feet wide at base, and three and one-half feet high. IV. If hedge fence, four feet. If any such fence be built upon a mound, the same from the bottom of the ditch shall be included in estimating the height of the fence. V. If hereafter built with posts and wire, or pickets and wire, four feet high, and shall consist of not less than six strands, the first strand five inches, the second strand ten inches, the third strand seventeen inches, the fourth strand twenty-five inches, the fifth strand thirtysix inches, and the sixth strand forty-eight inches from the ground; and if with more than six strands, the space between the strands shall in no case be greater than hereinbefore provided. Provided, that fences heretofore built under the existing law and in compliance therewith shall be and remain and may be kept up as lawful fences. (Approv. d February 14, 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. 21.) CHAPTER 36. AN ACT amending and re-enacting section twenty-five of chapter fifty of the code of West Virginia. [Passed January 26, 1895.] Be it enacted by the Legislature of West Virginia: That section twenty-five of chapter fifty of the code Code amended, be amended and re-enacted so as to read as follows: Suits in Partnership Name. 25. Persons associated as partners in any trade or How partners business, may sue as such before a justice in the firm may sue before name, but the names of the individuals composing such firm shall be set forth in the summons. (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.] a justice. (House Bill No. 123.) CHAPTER 37. AN ACT providing for a series of text-books to be used in the public schools of the state, providing for contracting for the same, establishing a school book board and defining its powers and duties, establishing depositaries for the sale of school books, providing for a penalty for any violation of this act, and repealing all other acts or parts of acts inconsistent with this act. [Passed February 22, 1895.] Be it enacted by the Legislature of West Virginia. Text-books 1. That on and after the first day of July, one thou- prescribed; sand eight hundred and ninety-six, the following text- prices. books, and no others, except as hereinafter provided, shall be used in the primary and graded schools throughout the state, and the prices of said books shall be and remain the same as are named in this section: 10c. ... 18c. 25c. McGuffey's Revised First Eclectic Reader....... 45c. Ray's New Elementary Algebra... Ray's New Higher Algebra...... Evans' School Geometry for beginners.. Cutter's Beginner's Anatomy, Physiology and Hygiene...... 20c. Cutter's Intermediate Physiology and Hygiene..... 35c. ..... General History-Myer's General History $1.10 82c. The Beginner's American History (Montgomery) 43c. 35c. 80c. "Dole's American Citizen." Provided, That "Dole's American Citizen" shall not Proviso as to be contracted for under the provisions of this act, either as a work on civil government or as a reader, until the same has been changed so as to conform with the senate resolution offered by Mr. Finley and adopted by the senate on February fourteenth, one thousand eight hundred and ninety-five. Maps. Rand, McNally & Company's wall maps and school globes, 40 per cent. off retail price. |
