49 bined with water or other liquids or substances, commonly 50 known as “mash" or any mixture of like kind or character, 51 for the purpose of making intoxicating liquors. 51-a If any person who makes, has, or has in his possession, or 51-6 on his premises, or on the premises of another, or who has un51-c der his control, or an interest in any mixture of fermenting 51-d substances or materials, such as corn meal, other crushed 51-e cereals, fruits or roots combined with water or other liquids 51-f and substances, commonly known as "mash" or any mixture 51-g of like kind or character, shall be guilty of a mis51-h demeanor, and upon conviction thereof, shall be con52 fined in the county jail not less than two months 53 nor more than six months, and fined not less than one hundred 54 dollars nor more than five hundred dollars. 55 An indictment for an offense hereunder shall be sufficient if 56 in the form and effect following: 59 61 to-wit: In the circuit court of said county: 60 The grand jurors in and for the body of the said county of upon their oaths do present that 62 A. B., within one year next prior to the finding of this indict63 ment in the said county of did unlaw 64 fully make, and have in his possession, and under his control, 65 and did have an interest in a certain mixture of fermenting 66 substances and materials, commonly known as "mash", against 67 the peace and dignity of the state." 68 Upon the conviction of any person for the second offense of 69 making, or having in his possession "mash", or any mixture of 70 like kind or character he shall be guilty of a misdemeanor, and 71 shall be confined in the county jail not less than six months nor 72 more than one year and in addition thereto may be fined not 73 less than one hundred nor more than five hundred dollars, and 73-a the provisions of section three relating to second offense shall 73-6 be applicable hereto. 74 Sections three, ten, eleven, twelve, thirteen and thirty-two of 75 chapter thirty-two-a of Barnes' code, one thousand nine hun76 dred and sixteen, relating to searches and seizures and proceed77 ure, shall apply to and govern the offense under this section, so 78 far as they are applicable; provided, that any person held by a 79 justice under this section to answer for a felony, shall give a 80 bond in the penalty of not less than one thousand dollars to 81 appear at the next term of the circuit, criminal or intermediate 82 court having jurisdiction, to answer an indictment, if one be 83 preferred against him, and provided, further, that it shall be 84 the duty of the officers to seize and forthwith destroy all moon85 shine stills and liquors and paraphernalia found in connection 86 therewith. Sec. 38. If any person shall unlawfully manufacture, trans2 port, or sell liquor, as defined in section one of this act, and at 3 the time of such manufacturing, transporting or selling, or aid4 ing or assisting in any manner in such act, shall carry on or 5 about his person, or have on or in any vehicle or conveyance 6 of any kind which he may be using to aid him in any such pur7 pose or have in his possession, actual or constructive, at or 8 within one hundred yards of any place where any such intoxi9 cating liquor is being unlawfully manufactured, transported 10 or sold, any firearm, dirk, bowie-knife, razor, slung shot, metal 11 knucks or any weapons of like kind or character, with the pur12 pose of using same in assistance of any violation of the pro13 hibition laws of this state, he shall be guilty of a felony, and on 14 conviction shall be confined in the penitentiary not less than 15 one year nor more than three years. Any such firearms, dirk, 16 bowie-knife, razor, slung shot, metal knucks or any weapons of 17 like kind and character shall be seized and confiscated as pro18 vided by law. Sec. 39. It shall be unlawful for any person to manufac2 ture, sell or advertise any still, or distilling apparatus or 3 material for the manufacture of liquors, as defined in this act, 4 or to ship or transport into this state, or from one place to 5 another within the state, any still, or distilling apparatus, or 6 material for the manufacture of the same, and any person 7 found with any material in his possession acquired for use in 8 the manufacture of a still, or distilling apparatus, shall be 9 deemed prima facie guilty of manufacturing such apparatus; 10 provided, however, that duly licensed druggists and others who 11 may have legitimate use for distilling apparatus as above de12 fined, may obtain a permit from the commissioner authorizing 13 such use. All stills in this state not so registered under a per14 mit as herein required and all paraphernalia, materials and 15 products employed in the manufacture of liquors or intended 16 to be used in connection with the operation of such stills are 17 hereby declared contraband and shall be subject to seizure 18 and confiscation as provided by law. Any person violating 19 any of the provisions of this section, shall be guilty of a mis20 demeanor, and upon conviction thereof, shall be fined not less 21 than fifty dollars, nor more than five hundred dollars and im22 prisoned in the county jail not less than thirty days nor more 23 than six months. Sec. 40. Any person, not an officer, agent or employee of the 2 United States, or of the state of West Virginia, charged with 3 the enforcement of the prohibition laws of this state, who shall 4 falsely represent himself to be such officer, agent or employee 5 and in such assumed character, shall arrest or detain any per6 son, or shall in any manner search the person, buildings, or 7 other property of any person, or do any act in impersonation 8 of such officer, shall be guilty of a misdemeanor, and upon con9 viction thereof, shall be punished by a fine of not less than one 10 hundred dollars nor more than one thousand dollars and im11 prisoned for not less than thirty days nor more than one year. 12 All acts and parts of acts coming within the purview of this 13 act or inconsistent herewith are hereby repealed. CHAPTER 30 (Senate Bill No. 348-Mr. Helmick) AN ACT to create and maintain "The West Virginia school of mines" and to provide for the education of the mining industry in the state. [Passed April 24, 1923. In effect ninety days from passage. Approved by the Governor May 1, 1923] Be it enacted by the Legislature of West Virginia: Section 1. There is hereby created a mining school to be 2 known as "The West Virginia school of mines" whose purpose 3 and object shall be the education of the youth of the state along 4 mining lines in order that the natural resources of the state may 5 be developed and utilized in a safer and more efficient manner. Sec. 2. (a) The said West Virginia school of mines shall 2 contain departments of mining engineering, mining extension, 3 mining geology and chemical engineering, as well as the mining 4 experiment station already authorized by section eighty-four 5 of the mining laws of West Virginia. 6 (b) The West Virginia school of mines shall be organized 7 under the direction of a dean and with a suitable staff of in8 struction, and shall have the same rank and standing as the 9 colleges of engineering, law, agriculture, medicine and arts and 10 sciences. 11 (c) The cost of establishing and maintaining the West Vir12 ginia school of mines as created by this act shall be paid out of 13 an appropriation hereafter to be made by the legislature for 14 such purpose. Sec. 3. The governor is hereby authorized to appoint a com2 mission of five to determine where the school of mines shall be 3 located that might best serve the mining interests of the state, 4 and with the view of avoiding unnecessary duplication of work. 5 The said commission shall be composed of one member of the 6 senate, one member of the house of delegates, and three promi7 nent coal mining men who shall serve without pay. 8 The commission shall report whether in its opinion the school 9 shall be carried on as an independent institution or in connec 10 tion with one or more of the present existing educational insti 11 tutions of this state.. CHAPTER 31 (Senate Bill No. 403-Mr. White of Lewis) AN ACT to amend and re-enact sections seventy-eight-a-(5), seventy-eight-a-(6), seventy-eight-a-(7) and seventy-eight-a- (8) of chapter fifty-four of Barnes' code of one thousand nine hundred and sixteen, relating to savings banks, banking associations, trust companies and building and loan associations and providing for supervision and examination by the state banking commissioner. [Passed April 26, 1923. In effect ninety days from passage. Approved by the Governor May 1, 1923] SEC. 78-a (6) Association shall file copy of SEC. 78-a (7) Commissioner of banking shall examine books and affairs of associations. 78-a (8) Unlawful for foreign associations to transact business in state without certificate; how to secure certificate; penalty for failure to secure certificate; acts in conflict repealed. Be it enacted by the Legislature of West Virginia: That sections seventy-eight-a (5), seventy-eight-a (6), seventyeight-a-(7) and seventy-eight-a-(8) of chapter fifty-four of Barnes' code of one thousand nine hundred and sixteen, be amended and re-enacted so as to read as follows: Section 78-a-(5). It is further expressly provided that all 2 savings banks, co-operative banking associations and trust com3 panies engaged in a general banking business shall be subject 4 to the provisions of this chapter, but nothing herein contained 5 shall be construed to authorize any trust company to do busi6 ness in this state with a capital of less than one hundred thou7 sand dollars, paid up and unimpaired, as provided by section 8 six of chapter seven of the acts of one thousand nine hun9 dred and three; and that all building and loan associations, 10 mutual investment associations, mortgage companies, mortgage 11 and discount companies, and all associations and corporations 12 of a like kind or character doing business in this state, and all 13 associations and corporations, except licensed stock brokerage 14 companies, organized for the purpose or engaging in the business 15 of buying, selling, discounting or dealing in mortgages, bonds, 16 notes, or other securities or commercial paper, shall be subject to 17 a state supervision as follows: Sec. 78-a-(6). Every such association or corporation organized 2 under the laws of this state, and desiring to operate within the 3 state, shall file with the commissioner of banking a certified copy 4 of its charter, constitution, and by-laws. Said commissioner shall 5 carefully examine the same and if he find that they provide a 6 safe, just and equitable plan for the management of the busi7 ness of the association or corporation, he shall issue to such asso8 ciation or corporation a certificate of authority permitting it to 9 begin business. But if he find the provisions of said charter, 10 constitution and by-laws to be impracticable, unjust or in11 equitable, or oppressive, or lacking in security to any class of 12 shareholders or stockholders, he shall withhold his certificate of 13 authority. It shall not be lawful for any association or corpora14 tion hereafter organized under the laws of this state, for any of 15 the purposes above set forth, to transact any business except the 16 execution of its articles of incorporation, the adoption of its con17 stitution and by-laws, and the election of directors and officers, 18 until it shall have procured the certificate of authority above |