Be it enacted by the Legislature of West Virginia: That chapter one hundred and sixty-three of Barnes code of one thousand nine hundred and eighteen be amended by adding thereto section fifty, to read as follows: Section 50. The warden of the penitentiary of West Vir2 ginia shall appoint a deputy warden of the penitentiary who 3 shall be ex officio captain of the guards, who shall hold office 4 during the will and pleasure of the warden, and whose salary 5 shall be fixed by the board of control. The deputy warden's 6 duties are to be fixed by the warden; and in the absence of the 7 warden the deputy warden shall perform all the duties re8 quired of the warden. 9 The deputy warden shall give bond in the sum of five thou10 sand dollars, in the same manner and under the same condi11 tions as required of the warden. 12 All acts and parts of acts inconsistent herewith are hereby 13 repealed. CHAPTER 4 (Senate Bill No. 39-Mr. McClaren) AN ACT authorizing the issuance and sale of not exceeding fifteen million dollars of bonds of the state of West Virginia to raise money for road construction purposes under and by virtue of the "Good Roads Amendment" to the constitution adopted at the general election held in November, one thousand nine hundred and twenty; and to provide for the levy and collection of an annual state tax and other revenue sufficient to pay semiannually the interest on said bonds and the principal thereof within twenty-five years, the same being an emergency Be it enacted by the Legislature of West Virginia: Section 1. That bonds of the state of West Virginia of the 2 par value of fifteen million dollars are hereby authorized to be 3 issued and sold for the purpose of raising funds to build, con4 struct and maintain a system of state roads and highways in the 5 state of West Virginia, as authorized by the "Good Roads 6 Amendment" to the constitution of said state adopted at the 7 general election held in November, one thousand nine hundred 8 and twenty. Sec. 2. Said bonds shall be dated April first, one thousand 2 nine hundred and twenty-three, and shall become due and pay3 able serially in equal amounts beginning April first, one thou4 sand nine hundred and twenty-nine, and ending April first, one 5 thousand nine hundred and forty-eight, and may be coupon or 6 registered and in such denominations as the governor may de7 termine. 8 The auditor and treasurer are authorized to arrange for the 9 transfer of registered bonds and for each such transfer a fee of 10 fifty cents shall be charged by and paid to the state of West Vir11 ginia to the credit of the "State Road Sinking Fund." Bonds 12 taken in exchange shall be cancelled by the auditor and treasurer 13 and be carefully preserved by the treasurer. 14 All of such bonds shall be payable at the office of the treasurer 15 of the state of West Virginia, or at the option of the holder of 16 said bonds, at some designated bank in the city of New York, 17 to be designated by the governor. Said bonds shall be interest 18 bearing at the rate of not exceeding four and one-half per centum 19 per annum and the said interest shall be payable semi-annually 20 on the first day of April and October of each year to bearer at 21 the office of the treasurer of the state of West Virginia at the cap22 itol of said state, or, at the option of the holder, at some designat23 ed bank in New York city, to be designated by the governor upon 24 presentation and surrender of the interest coupons representing 25 interest then due, in the case of the coupon bonds. In the case 26 of registered bonds, the treasurer of the state of West Virginia 27 shall issue his check for the payment of interest on the first day 28 of April and October of each year for the amount of registered 29 bonds outstanding as shown by the records of his office. 30 Both the principal and interest of said bonds shall be pay31 able in gold coin of the United States of the present standard of 32 weight and fineness. All said bonds shall be exempt from taxa33 tion by the state of West Virginia, or by any county, district, or 34 municipality thereof, which fact shall appear on the face of the 35 bonds as part of the contract with the holder thereof. Sec. 3. Said bonds and coupons shall be engraved and the 2 bonds shall be signed, on behalf of the state of West Virginia, 3 by the treasurer thereof, under the great seal of the state, and 4 countersigned by the auditor, and shall be in the following form 5 or to the following effect, as near as may be namely: 6 7 8 9 10 $. COUPON GOLD BOND (or Registered Gold Bond, as the case may be) of the State of West Virginia. Number.... 11 The state of West Virginia, under and by virtue of authority 12 of an act of its legislature passed at a regular session of one 13 thousand nine hundred and twenty-three on the day of 14 one thousand nine hundred and twenty-three 15 and approved by the governor on the..........day of... 16 one thousand nine hundred and twenty-three, reference to which 17 is hereby made as fully and at length as if set forth herein, ac18 knowledges itself to be indebted to, and hereby promises to pay 19 to the bearer hereof (in the case of a coupon bond) or to or assigns, (the owner of record, in the case years after the date of this .19........, in gold 20 21 of registered bonds) 22 bond, to-wit, on the.............day of.. 23 coin of the United States of America of the present standard of 24 weight and fineness, at the office of the treasurer of the state of 25 West Virginia, at the capitol of said state, or at the option of 26 the holder at... bank in the city of New York 27 the sum of.. dollars, with interest thereon at. 28 per centum per annum from date, payable semi-annually in gold 29 coin of the United States of America, at the treasurer's office or 30 bank aforesaid, on the first day of April and the first day of 31 October of each year, (and in the case of coupon bonds) ac32 cording to the tenor of the annexed coupons, bearing the en33 graved fac-simile signature of the treasurer of the state of West 34 Virginia. 35 To secure the payment of this bond, principal sum and inter36 est, when other funds and revenues sufficient are not available 37 for that purpose, it is agreed that the board of public works of 38 the state of West Virginia shall annually cause to be levied and 39 collected an annual state tax on all property in the state, until 40 said bonds fully paid; sufficient to pay the annual interest on 41 said bonds and the principal sum thereof within the time this 42 bond becomes due and payable. 43 This bond is hereby made exempt from any taxation by the 44 state of West Virginia, or by any county, district or municipal 45 corporation thereof. 46 47 In testimony whereof, witness the signature of. treasurer of the state of West Virginia, and 48 the counter signature of.......... auditor of said 49 state hereto affixed according to law, dated the....day of .one thousand nine hundred and.. 50 51 the seal of the state of West Virginia. and 52 (Seal) 53 Countersigned: 54 55 Treasurer of the state of West Virginia. Auditor of the state of West Virginia. Sec. 4. The form of coupons shall be substantially as fol 2 lows, to-wit: 3 4 Bond No...... State of West Virginia Coupon No... 5 On the first day of.. 19., the state 6 of West Virginia will pay to the bearer, in gold coin of the 7 United States of the present standard of weight and fineness, at 8 the office of the treasurer of the state, or at the option of the 9 holder at 10 New York city, the sum of.. 11 the same being semi-annual interest on Bond No............ 12 of one thousand nine hundred and twenty-..... 13 14 bank in dollars series Treasurer of the state of West Virginia. 15 The signature of the treasurer to said coupons shall be by his 16 engraved fac-simile signature, and each coupon shall be im17 pressed on the back with its number in order of maturity from 18 number one consecutively. Said bonds and coupons may be 19 signed by the present treasurer and auditor, or by any of their 20 respective successors in office; but no change in such signatures 21 shall be necessary by reason of any change of said officers. Sec. 5. All coupons and registered bonds issued under this 2 act shall be separately listed by the auditor of the state in books 3 provided for the purpose, in each case giving the date, number, 4 character and amount of obligations issued, and, in case of 5 registered bonds, the name of persons, firm, or corporation to 6 whom issued. Sec. 6. Into the state road sinking fund shall be paid all 2 moneys received from the annual state tax levy on the taxable 3 property in the state levied under the provisions of this act, from 4 any and all appropriations made by the state from other sources 5 for the purposes of paying the interest on said bonds or paying 6 off and retiring same, from fines, forfeitures and penalties, if 7 any made applicable by law for the payment of said bonds or the 8 interest thereon, from transfer fees as herein provided, and from 9 any source whatsoever, which is made liable by law for the pay10 ment of the principal of said bonds or the interest thereon. 11 All such funds shall be kept by the treasurer in a separate 12 account, under the designation aforesaid, and all money belong13 ing to said fund shall be deposited in the state treasury to the 14 credit thereof. 15 Said fund shall be applied by the treasurer of the State, first 16 to the payment of the semi-annual interest on said bonds as it 17 becomes due as herein provided. The remainder of said fund 18 shall be turned over by the state treasurr to the state sinking 19 fund commission, whose duty it shall be to invest the same in the 20 bonds of the government of the United States, the bonds of the 21 state of West Virginia, or any political sub-division thereof; 22 provided, however, that bonds so purchased by the said state 23 sinking fund commission shall mature so as to provide sufficient 24 money to pay off all bonds herein provided to be issued as they 25 may become due; and the money so paid into the said state road 26 sinking fund under the provisions of this act shall be expended 27 for the purpose of paying the interest and principal of the bonds 28 hereby provided for, and for no other purpose except that said 29 fund may be invested until needed, as herein provided. Sec. 7. In order to provide the revenue necessary for the pay2 ment of the principal and interest of said bonds, as hereinbe3 fore provided, the board of public works is authorized, empower4 ed and directed to lay annually a tax upon all real and personal |