36 credit of the proper construction fund, and may make such fur37 ther provisions for the maintenance and improvement of such 38 armory as may be deemed necessary; provided, that whenever 39 the board deems it expedient, and in furtherance of the purposes 40 of this act, it may purchase and finish armories already built 41 or partly built.

42 All moneys raised for the building of any armory shall be 43 paid to the state treasurer, who shall keep separate account with 44 each company or battery which shall avail itself of the provi45 sions of this act credit the same with the amount of money de46 posited by such organization together with the appropriation 47 made under the provisions of this act; and all bills for the con48 struction or purchase of armories shall after being approved by 49 the said board, be paid out of said account or fund, and charged 50 to the proper organization, upon the warrant of the state au51 ditor, and the state auditor shall issue his warrant upon said 52 fund upon the certificate of said board.

53 All money returned and repaid to the state treasury from 54 armory property sold, damaged or destroyed, or otherwise, shall 55 be credited to a general armory fund and may be expended for 56 the building and construction or the purchase of armories for 57 military organizations not having armory accommodations un58 der the provisions and limitations of this act.

59

Whenever any such military organization which has availed 60 itself of the provisions of this act and has received the appro61 priation provided herein, shall be called or drafted into the 62 federal service or shall be mustered out of the service of this 63 state, and it shall appear probable that no new military organ64 ization will be organized in the city or village in which the ar65 mory is located, and there is no other military organization oc66 cupying said armory the adjutant general shall immediately 67 take possession and close the same, and not permit its use for 68 other than military purposes, but the said board shall have the 69 authority and they are hereby expressly empowered to sell, 70 transfer and convey said property to the municipality in which 71 the same is located, for public purposes, upon the re-payment 72 to the state for credit to the general armory fund, of the ap73 propriation expended thereon, without interest; provided, that 74 if such municipality shall not purchase said property the said 75 board shall then be authorized to sell, transfer and convey the 76 same to any individual, firm or corporation, repaying to the 77 state at least the full appropriation expended therefor; and

78 provided, further, that if the said armory cannot be sold in this 79 manner the armory board may lease the armory to the munici80 pality for public purposes at an annual rental which shall not 81 be less than ten per cent of the amount invested by the state in 82 such armory; and, provided, further, that the said armory 83 board, subject to the approval of the governor, is hereby author84 ized and empowered to sell, transfer and convey on behalf of 85 the state any state armory site and buildings which in the judg86 ment of the board are unsuitable for military purposes or which 87 has been condemned by the state fire marshal. The moneys so re88 ceived from the sale of such armories shall be paid into the state 89 treasury and by the treasurer accredited to the general armory 90 fund.

Sec. 108. Upon the completion of any new armory building 2 or the purchase of any armory building property, the control 3 and use of said armory shall vest in the armory board as pro4 vided by this act; provided, that the proceeds of rentals and 5 other revenue derived from such armories may be devoted and 6 applied by the armory board to the maintenance, extension, im7 provement and equipment thereof. The said armory board may 8 make and alter rules and regulations for the government of all 9 officers and persons having charge of armories, arsenals, or 10 other military property in this state.

11 All acts or parts of acts inconsistent herewith are hereby 12 repealed.

CHAPTER 63

(House Bill No. 475-Mr. Strother)

AN ACT to amend and re-enact chapter one hundred and six of the acts of the legislature, one thousand nine hundred and twenty-one, regular session, entitled, "an act to regulate the practice of the profession of engineering, and to create a state board of registration for engineers, and to prescribe penalties for the violation of the provisions thereof."

[Passed April 19, 1923. In effect ninety days from passage. without the approval of the Governor]

Became a law

Record of board; roster of engineers; report to Governor. Registration fee; eligibles; certain established facts prima facie evidence of qualification.

Powers of board.

Certificates of registration. Fraudulent practice punishable by fine from one hundred to five hundred dollars.

Exemptions from provisions of

act.

Application of act to corporations. Act not to affect present members; conflicting acts repealed.

Be it enacted by the Legislature of West Virginia:

That chapter one hundred and six of the acts of the legislature of one thousand nine hundred and twenty-one, regular session, entitled, "an act to regulate the practice of the profession of engineering, and to create a state board of registration for engineers, and to prescribe penalties for the violation of the provisions thereof," be amended and re-enacted so as to read as follows:

Section 1. In order to safeguard life, health and property, 2 any person practicing or offering to practice as a professional 3 engineer in this state shall hereafter be required to submit evi4 dence that he is qualified so to practice, and shall be registered 5 as hereinafter provided, and it shall be unlawful for any person 6 to practice or to offer to practice in this state as a professional, 7 civil, mining, electrical, structural or mechanical engineer, 8 hereinafter called engineer, except under the provisions thereof.

Sec. 2. To carry out the provisions of this act there is here2 by created a state board of registration for engineers herein3 after called the board, consisting of five members, who shall be 4 appointed by the governor. All members shall be registered 5 engineers. The members of the first board shall be appointed 6 to serve for the following terms: two members for one year; 7 two members for two years; one member for three years; said 8 terms ending on the thirtieth day of June of the succeeding 9 years. On the expiration of each of said terms, the term of 10 office of each newly appointed or reappointed member of the 11 board shall be for a period of four years and shall terminate 12 on the thirtieth day of June. Each member shall hold over 13 after the expiration of his term until his successor shall have 14 been duly appointed and qualified. The governor may remove 15 any member of the board at his will and pleasure. Vacancies

16 in the membership of the board, however created, shall be filled 17 by appointment by the governor for the unexpired term. 18 chief office of said board shall be at the capitol.

Sec. 3. Each member of the board shall be a citizen of the 2 United States and a resident of this state at the time of his ap3 pointment. He shall have been engaged in the practice of his . 4 profession for at least ten years and shall have been in respon5 sible charge of work for at least five years. He shall be a 6 member in good standing of a recognized society of engineers.

Sec. 4. Each member of the board shall receive a certificate 2 of appointment from the governor, and before beginning his 3 term of office he shall file with the secretary of state the con4 stitutional oath of office. The board or any committee thereof 5 shall be entitled to the services of the attorney general, in con6 nection with the affairs of the board, and the board shall have 7 power to compel the attendance of witnesses, may administer 8 oaths and may take testimony and proofs concerning all mat9 ters within its jurisdiction. The board shall adopt and have 10 an official seal which shall be affixed to all certificates of regis11 tration granted; and shall make by-laws and rules not incon12 sistent with law needed in performing its duty.

Sec. 5. The board shall hold at least two regular meetings 2 each year. Special meetings shall be held at such times as the 3 by-laws of the board may provide. Notice of all meetings shall 4 be given in such manner as the by-laws may provide. The 5 board shall elect annually from its members a president and 6 secretary. A quorum of the board shall consist of not less 7 than three members.

Sec. 6. The secretary of the board shall receive and account 2 for all moneys derived from the operation of this act and shall 3 pay them to the state treasurer, who shall keep such moneys 4 in a separate fund to be known as the "fund of the board of 5 registration for engineers," which fund shall be continued from 6 year to year and shall be drawn against only for the purpose 7 of this act as herein provided.

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Each member of the board shall receive ten dollars per day 9 for attending sessions of the board or of its committees, and 10 for the time spent in necessary travel, and, in addition, shall 11 be reimbursed for all necessary traveling, incidental and cler12 ical expenses incurred in carrying out the provisions of this. 13 act, and in addition thereto the secretary shall receive such

14 salary as may be fixed by the board, but in proceedings relative 15 to the fixing of said salary, the secretary shall have no vote. 16 All expenses certified by the board as properly and necessarily 17 incurred in the discharge of its duties, including authorized 18 compensations, shall be paid out of said fund on the warrant 19 of the auditor of the state issued on requisitions signed by the 20 president and the secretary of the board; provided, however, 21 that at no time after this act shall have been in effect for one 22 year shall the total of warrants issued exceed the total amount 23 of funds accumulated under this act. The secretary of the 24 board shall give a surety bond satisfactory to the state treas25 urer conditioned upon the faithful performance of his duties. 26 The premium on said bond shall be regarded as a proper and 27 necessary expense of the board.

Sec. 7. The board shall keep a record of its proceedings and 2 a register of all applicants for registration showing for each, 3 the date of application, name, age, educational and other qual4 ifications, place of business and place of residence, whether or 5 not an examination was required and whether the applicant 6 was rejected, or a certificate of registration granted, and the 7 date of such action. The books and register of the board shall 8 be prima facie evidence of all matters recorded therein. A 9 roster showing the names and places of business and of resi10 dence of all registered engineers shall be prepared by the 11 secretary of the board during the month of July of each 12 year. On or before the thirty-first day of August of each 13 year the board shall submit to the governor a report of its 14 transactions for the preceding year, together with a complete 15 statement of receipts and expenditures of the board, certified 16 by the president and the secretary, and a copy of the said 17 roster of registered engineers. A copy of this report and 18 roster shall be filed with the secretary of state. Such report 19 and roster shall be printed out of the funds of the board as 20 provided in section six.

Sec. 8. The board shall, on application therefor on pre2 scribed form, and the payment of a fee of twenty dollars, 3 issue a certificate of registration as an engineer: 4 (a) To any person who submits evidence satisfactory to 5 the board that he is fully qualified to practice engineering. (b) To any person who holds a like unexpired certificate 7 of registration issued to him by proper authority in the Dis

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