24 special fee of two dollars for the officer making the arrest and 25 conviction for any violation of the automobile laws of this state. 26 Provided, further, that a transcript of the record from the 27 docket of the trial court covering every violation of the motor 28 vehicle laws of this state, shall be made up and transmitted to 29 the automobile department of the state road commission, by such 30 trial court.

31

Provided, further, that at the request of the state road com32 mission it shall be the duty of the department of public safety, 33 its officers and state police, the sheriffs of the several counties of 34 the state, and duly elected or appointed constables and deputies, 35 justices of the peace, mayors of cities and towns and city police, 36 to render to the commission all necessary aid and assistance in 37 the performance of its duties of maintaining and properly 38 policing the roads of this state, as the requirements of their 39 respective offices and positions will permit, without extra charge 40 of compensation for such service to the state.

Sec. 104. The county court of any county may contract or 2 pay for making, improving and keeping in order the whole or 3 any part of any county-district road within the county. The 4 court may permanently improve by the use of asphaltum, con5 crete, brick, stone, block, or by macadamizing or other process 6 of equal merit, the county-district road within its county, and 7 may contract therefor with any contractor for the use of any 8 of the foregoing systems and take bonds and security in a 9 penalty equal to fifty per centum of the estimated cost of the 10 work in question, from any such contractor for the faithful 11 performance of his contract.

12 The county court shall have authority to designate as a con13 necting part of a county-district road any street, or portion of 14 a street, in any incorporated city, town or village, and may 15 expend money and labor, thereon as far as may be necessary 16 to put the same in good condition, and the municipality shall 17 thereafter maintain the same in good condition; but in case 18 such municipality is financially unable to maintain the same in 19 good condition, or to construct and maintain any bridge on any 20 county-district road within its corporate limits, the county 21 court shall construct and maintain the same, or aid in con22 structing and maintaining the same to the extent that may be 23 necessary in order to supplement the funds of the municipality 24 available or that may be made available for that purpose. A 25 county court may purchase or construct and maintain, or may

26 aid any municipality within the county in the purchase or 27 construction and in the maintenance of any bridge already 28 constructed or in process of construction or which may here29 after be constructed by such municipality, whether such bridge 30 be located or intended for location wholly within the county 31 or across the boundary thereof. The county court of any 32 county may take over any bridge, road or street theretofore 33 built by any municipality and lying within its limits and desig34 nated by the county court as a connecting part of a county35 district road, when requested so to do by the authorities of such 36 municipality, and thereafter maintain the same.

Sec. 123. Such superintendent shall have general police 2 supervision over all county-district roads within his magisterial 3 district; including the streets and alleys of unincorporated 4 villages, and shall have the same authority to make arrests as 5 duly qualified constables as to the violations of the provisions 6 of chapter one hundred and twelve of the acts of the legislature, 7 one thousand nine hundred and twenty-one, regular session, 8 and amendment thereto, and violations against the laws enacted 9 for the protection of motor vehicles. He shall have authority 10 to require abutting property owners to remove, and keep re11 moved, all garbage, refuse, and filth of every kind and charac12 ter that may accumulate on said streets and alleys, and order 13 opened any street or alley on any town plat which is of record 14 in the clerk's office of the county court.

Sec. 138. Upon hearing the parties interested in an applica2 tion for a county-district road, said county court shall decide for 3 or against undertaking the proposed work on behalf of the 4 county. If it decides in favor of the same and the compensation 5 for damages, if any, to be paid to any proprietor or tenant be 6 not fixed by agreement, it shall order proceedings to be instituted 7 and presented in its corporate name in the circuit court of the 8 county, pursuant to chapter forty-two of the code of West Vir9 ginia, to ascertain what will be a just compensation, if any, to 10 each proprietor or tenant for the land proposed to be taken, and 11 the said court shall lay a sufficient levy for that purpose. But 12 when such compensation, if any, shall be so ascertained, it shall 13 be at the option of the county court to pay the same or to aban14 don the proposed undertaking. If it decides to pay the same, it 15 shall lay a sufficient levy for that purpose as provided in this 16 act. In any case where the petition is for the establishment or

17 alteration of a county-district road leading from the main public 18 road or roads, the court may refuse to undertake the proposed 19 work, unless the petitioner or some one for him, shall deposit 20 with said county court a sufficient sum to pay all damages and 21 costs sustained by reason of the establishment or alteration of 22 such road. In such case, if it seems proper so to do, the court 23 may establish any such road, upon conditions that the petitioner 24 shall pay all costs and damages as aforesaid, and make and keep 25 in repair such road, and erect and maintain in good repair one 26 or more gates across such road where the road passes through a 27 fence or fences, as is provided in section one hundred and sixty28 nine of this act; and the court may also impose upon such peti29 tioner, his heirs or assigns, and upon the public such other con30 ditions in reference to such road as the court may deem just. 31 In the event that any of the conditions, so imposed by the court 32 are not fully complied with, the court at any time, after giving 33 at least sixty days' notice to the public and to the petitioner, his 34 heirs or assigns, in such manner as the court may prescribe, may 35 discontinue or abandon such road."

36 But the court, instead of proceeding in the manner hereinbe37 fore provided in this section, is authorized to enter upon any 38 lands, other than those prohibited by law, and locate and build 39 said roads. Within sixty days after such entry the county court 40 shall petition the circuit court to nominate thirteen freeholders, 41 and the said circuit court, or the judge thereof in vacation, shall 42 nominate, within thirty days after the filing of such petition, 43 thirteen freeholders, of whom the county court shall strike off 44 four and the property owners or their representatives, or such of 45 them as appear, shall strike off four, and after eight names are 46 stricken from the list the remaining five shall be commissioners 47 appointed to assess the damages hereinafter provided. But 48 where there is no appearance for the property owners, or if they 49 appear and do not agree as to any one or more of the names 50 to be stricken off on their behalf, or the right to strike off any 51 one or more names is waived on the part of either of the prop52 erty owners, or their representatives, or from any cause the full 53 number shall not be stricken off by the court or the parties afore54 said, the names or additional names, as the case may be, to be 55 stricken from the list in order to reduce the number to five, 56 shall be ascertained by lot under the direction of the court.

57 Vacancies shall be filled, and any commissioner, for good cause 58 shown, may be removed by the court.

59 The said commissioners shall go upon the land and 60 assess the damages and benefits, taking into consideration the 61 benefits accruing to the property and the damages to it sustain62 ed, and shall fix the compensation or damages as said commis63 sioners may seem proper, and the amount so fixed shall be paid 64 out of the road fund of the county or district at the dis65 cretion of the court.

66 If the damage so assessed be not satisfactory to the property 67 owner or owners, proprietor or tenant, or to the court, he or 68 they, or said court, may within six months after the assessment 69 aforesaid, appeal or apply to the circuit court of the county and 70 demand a trial therein, as in other condemnation proceedings; 71 provided, however, before entering upon said land as authorized 72 by this section, it shall be the duty of the county court or its 73 representative to serve notice upon the owner or owners of said 74 land, as provided by law, notifying such owner or owners that 75 the road is to be located upon their land under the authority of 76 this section; provided, however, that when a state road shall be 76-a located by the state road commission, in, upon or through 76-b any property owned or controlled by the state, no compensa76-c tion shall be paid for such right-of-way. Any person who 77 shall obstruct said road while in process of construction or re78 pair, or interfere with the engineer or other persons in charge. 79 of said work or construction, their agents or employes, shall 80 be guilty of a misdemeanor and upon conviction thereof shall 81 be fined not to exceed fifty dollars, and may be imprisoned 82 not to exceed one month, or both, in the discretion of the court. In any proceeding authorized by this section, the revenues 84 applicable to the payment of any damage assessed shall be 85 deemed sufficient security, and to have been pledged for the 86 payment thereof.

87 After a public road has been established and constructed 88 heretofore or hereafter and used as such for a period of one year, 89 and no claim for damages or compensation has been made, the 90 right-of-way for such road shall vest in the county court or the 91 state, as the case may be, and they shall not be liable for damage 92 or compensation arising out of the construction of said road.

Sec. 146. Whenever, in the judgment of the state road com2 mission or the county court of any county, the safety of the

3 traveling public demands it, the state road commission as to state 4 roads and bridges may construct and maintain sidewalks along 5 the side or sides thereof, and the county court as to county6 district roads and bridges may construct and maintain side7 walks along the side or sides thereof, or any person or persons 8 who may desire to do so, with the permission of the state road 9 commission as to state roads, and the county court as to county10 district roads, may build a sidewalk, composed of plank, gravel, 11 concrete or other suitable material, along the side of any public 12 road in this state; provided, that the construction and repairing 13 of sidewalks constructed and maintained by persons authorized 14 by the state road commission or county court do so and the use 15 thereof shall be without expense of any kind to the public or any 16 persons who may want to use the same; provided, further, that 17 all persons who may desire, be permitted to use the same and 18 that said sidewalk does not in any way interfere with the travel19 ing public on any public road; and such sidewalk shall be remov20 ed if ordered by the commission or by the county court as the 21 case may be; provided, further, that if it is desired to build any 22 sidewalk in a city or incorporated town, the consent of the council 23 of such city or town shall be obtained before such walk is built. 24 All acts and parts of acts inconsistent or in conflict herewith 25 are hereby repealed.

CHAPTER 7

(Senate Bill No. 65—Mr. Darnall)

AN ACT to amend and re-enact section sixty-three of chapter two of the acts of the legislature, one thousand nine hundred and nineteen, regular session, relating to display of United States flag on schoolhouses.

[Passed April 27, 1923. In effect ninety days from passage. Became a law without the Governor's approval]

SEC.

63. United States flags, display of of:

penalty for failure; person liable.

Be it enacted by the Legislature of West Virginia:

That section sixty-three of chapter two of the acts of the legislature, one thousand nine hundred and nineteen, be amended and re-enacted so as to read as follows:

Section 63. Every board of education shall, out of the build2 ing fund, purchase United States flags, four by six feet, of 3 regulation bunting, for schoolhouses in their district, and re4 quire same to be displayed from the schoolhouses during the 5 time the school is in session, except in inclement weather. And