CHAPTER 46 (House Bill No. 90-Mr. Everhart) AN ACT to amend and re-enact section three of chapter fifty-seven of the code of West Virginia, Barnes' edition of one thousand nine hundred and sixteen, relating to the property of religious, educational and benevolent institutions. [Passed April 25, 1923. In effect ninety days from passage. Approved by the Governor May 1, 1923] Be it enacted by the Legislature of West Virginia: That section three of chapter fifty-seven of the code of West Virginia, Barnes' edition of one thousand nine hundred and sixteen, be amended and re-enacted so as to read as follows: Section 3. Where any conveyance of land or personal prop2 erty has been made or shall be made to trustees for the use of 3 any college, academy, high school or other seminary of learning, 4 or for use of any society of Free Masons, Odd Fellows, Sons of 5 Temperance or Good Templars, or for an orphans' asylum or 6 children's home, Daughters of the American Revolution, United 7 Daughters of the Confederacy, or other benevolent association 8 or purpose; or if without the intervention of trustees such con9 veyance has been made since the thirty-first day of March, one 10 thousand eight hundred and forty-eight or shall be hereafter 11 made for such use or purposes, same shall be valid and the land 12 shall be held for such use or purpose only. 13 All acts or parts of acts inconsistent herewith are hereby 14 repealed. CHAPTER 47 (House Bill No. 107-Mrs. Gates) AN ACT to amend and re-enact chapter one hundred and eighteen of the acts of the legislature of West Virginia for the year one thousand nine hundred and nineteen, and to add thereto additional sections to be known as sections fourteen-h, fourteen-i, fourteen-j and fourteen-k. [Passed April 25, 1923. In effect ninety days from passage. Governor May 1, 1923] Approved by the Holder of lien may sell animal at public auction; notice required. 14-h. Issuance of warrants author 14-i. marksmanship a misdemeanor; penalty, fine or imprisonment or both. 14-j. Training of birds or animals for fighting prohibited. 14-k. Officers may, without warrants, enter place or building and seize birds or animals kept for fighting. Be it enacted by the Legislature of West Virginia: That chapter one hundred and eighteen of the acts of the legislature for the year one thousand nine hundred and nineteen b amended so as to read as follows: Section 14-a. The sheriff of each county of this state shall 2 annually designate, by a record made in the office of the clerk 3 of the county court, one of his deputies to act as humane officer 4 of said county, and it shall be the duty of the deputy sheriff so 5 designated to act as humane officer, as well as all peace officers 6 as designated by law, to investigate all complaints made to him 7 of cruel or inhuman treatment of animals within his county, 7-a and to personally see that the law relating to the pre8 vention of cruelty to animals is enforced; and failure to 9 investigate any complaint made to him and to take proper 10 measures in such case or to perform his duty in any other re11 spect shall constitute good cause for removal from office. Sec. 14-b. It shall be the duty of such officers to pre2 vent the perpetration or continuance of any act of cruelty 3 upon any animal in his presence, and to arrest and prosecute 4 any person engaging in such cruel and forbidden practices in 5 his presence or whom he finds reasonable cause to believe guilty 6 thereof after investigating any complaint made to him, and 7 any person who shall interfere with, or obstruct, or resist any 8 such officer in the discharge of his duty, shall upon conviction, 9 be fined not less than five nor more than fifty dollars or im10 prisoned in the county jail not more than thirty days, or both, 11 and this shall be in addition to any penalty such person may 12 incur for cruel or inhuman treatment of any animal. Sec. 14-c. When any person arrested is, at the time of such 2 arrest, in charge of any vehicle drawn by or containing any 3 animal cruelly treated, such officer shall take charge of such 4 animal and of such vehicle and its contents, and of the animal 5 or animals drawing the same, and shall, if the person in charge 6 thereof be not the owner, give notice of such seizure to the 7 owner, and provide for them until their owner shall take charge 8 of the same; and if the person in charge of or driving such ani9 mals be the owner thereof the same shall not be returned to 10 him until he has been tried for the offense and acquitted, or if 11 convicted, until he shall give bond in the penalty of five hun12 dred dollars with approved security before the tribunal trying 13 the case conditioned not to again cruelly treat such animals; 14 and the officer shall have a lien upon such animals and the 15 vehicle and its contents for the expenses of such care and provi16 sion, or such expenses or any part thereof remaining unpaid 17 may be recovered by such humane officer in a civil action. Sec. 14-d. Such officers shall take charge of any ani2 mal found abandoned, neglected, or cruelly treated, and shall 3 thereupon give notice thereof to the owner, if known, and shall 4 care and provide for such animal until the owner shall take 5 charge of the same, and the expense of such care and provisions 6 shall be a charge against the owner and a lien upon the animal, 7 and such animal shall not be turned over to such owner until 8 the same is paid; provided, that if it shall appear to such offi9 cers that the owner of such animal has wilfully abandoned, neg10 lected or cruelly treated the same, such animal shall not be re11 turned to him until he has been acquitted of the charge, or if 12 convicted thereof until he has given bond as provided in the 13 last preceding section, and not then until he has fully paid all 14 charges for the care and provisions for such animal during the 15 time it shall have been in the possession of such humane officer. Sec. 14-e. Any such officers may lawfully destroy or 2 cause to be destroyed any animal in his charge, when in the 3 judgment of such humane officer and by the written certificate 4 of a regularly licensed veterinary surgeon, that such animal ap5 pears to be injured, disabled, diseased past recovery or unfit for 6 any useful purpose. Sec. 14-f. When said officers shall provide any neg2 lected or abandoned animal with proper food, shelter and care, 3 he shall have a lien upon such animal for the expense thereof, 4 and such expense shall be charged against the owner of said 5 animal and collectible from said owner in an action therefor. Sec. 14-g. The said officers or any person or corpora2 tion entitled to a lien under any of the provisions of this act 3 may enforce the same by selling the animal or animals and other 4 personal property upon which said lien is given, at public 5 auction, upon giving written notice to the owner, if he be 6 known, of the time and place of such sale, at least five days 7 previous thereto, and by posting three notices of the time and 8 place of such sale in three public places within the county, at 9 least five days previous thereto; and if the owner be not known, 10 then such notice shall be posted at least ten days previous to 11 such sale. Sec. 14-h. If complaint is made to a court or magistrate 2 which is authorized to issue warrants in criminal cases that 3 the complainant believes and has reasonable cause to believe 4 that the laws relative to cruelty to animals have been or are 5 violated in any particular building or place, such court or 6 magistrate, if satisfied that there is reasonable cause for such 7 belief, shall issue a search warrant authorizing any sheriff, 8 deputy sheriff, constable or police officer to search such build9 ing or place; but no such search shall be made after sunset, un10 less specially authorized by the magistrate upon satisfactory 11 cause shown. Sec. 14-i. Whoever keeps or uses a live bird to be shot at 2 either for amusement or as a test of skill in marksmanship, or 3 shoots at a bird kept or used as aforesaid, or is a party to such 4 shooting, or lets any building, room, field, or premises, or know5 ingly permits the use thereof, for the purpose of such shooting, 6 shall be punished by fine of not more than fifty dollars or by 7 imprisonment for not more than one month, or by both. Noth8 ing herein contained shall apply to the shooting of wild game. Sec. 14-j. If complaint is made to a court or magistrate 2 authorized to issue warrants in criminal cases that the com3 plainant believes and has reasonable cause to believe that 4 preparations are being made for an exhibition of the fighting of 5 birds, dogs, or other animals, or that such exhibition is in 6 progress, or that birds, dogs, or other animals are kept or 7 trained for fighting at any place or in any building or tenement, 8 such court or magistrate, if satisfied that there is reasonable 9 cause for such belief, shall issue a search warrant authorizing 10 any sheriff, deputy sheriff, constable, or police officer, to search 11 such place, building, or tenement at any hour of the day or 12 night, and take possession of all such birds, dogs or other ani13 mals there found and to arrest all persons there present at any 14 such exhibition or where preparations for such an exhibition are 15 being made, or where birds, dogs, or other animals are kept or 16 trained for fighting. Sec. 14-k. Any officer authorized to serve criminal process, 2 may, without warrant, enter any place, building, or tenement in 3 which there is an exhibition of the fighting of birds, dogs, or 4 other animals, or in which preparations are being made for such 5 an exhibition and arrest all persons there present and take pos6 session of and remove from the place of seizure the birds, dogs, 7 or other animals engaged in fighting, or there found and in8 tended to be used or engaged in fighting, or kept or trained 9 for fighting and hold the same in custody subject to the order 10 of the court as hereinafter provided. CHAPTER 48 (House Bill No. 177--Mr. Huber) AN ACT to amend and re-enact section six, chapter thirty, of the acts of one thousand nine hundred and nineteen relating to inspection of factories, mercantile establishments, mills or workshops. [Passed April 24, 1923. In effect ninety days from passage. Approved by the SEC. Factory equipment and inspec- Be it enacted by the Legislature of West Virginia: That section six of chapter thirty, acts of one thousand nine hundred and nineteen, relating to the inspection of factories, mercantile establishments, mills or workshops be amended and re-enacted so as to read as follows: Section 6. All rooms, buildings and places in this state where 2 labor is employed or shall hereafter be employed, in any fac3 tories, mercantile establishments, mills or workshops, shall be so 4 constructed, equipped and arranged, operated and conducted, in 5 all respects, as to provide reasonable and adequate protection 6 for the life, health, safety and morals of all persons employed |