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CHAPTER 124

(Senate Bill No. 51—Mr. Johnson)

AN ACT relating to the salaries of the probation officers of Kanawha county.

[Passed April 21, 1923. In effect ninety days from passage. Became a law without the approval of the Governor]

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Be it enacted by the Legislature of West Virginia:

Section 1. The chief probation officer shall receive such 2 salary as the juvenile judge may prescribe, not exceeding three 3 thousand five hundred dollars per annum. The first deputy 4 probation officer shall receive such salary as may be prescribed 5 by the juvenile judge, not exceeding two thousand four hun6 dred dollars per annum. The other deputy probation officers 7 shall receive such salaries as may be prescribed by the juvenile 8 judge, not exceeding one thousand eight hundred dollars per 9 annum. The salaries shall be paid out of the county treasury 10 of the said county of Kanawha.

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All acts or parts of acts in conflict with this act are hereby 12 repealed.

CHAPTER 125

(Senate Bill No. 61-Mr. Darnall)

AN ACT to amend and re-enact section nine, of chapter one hundred and sixty-eight, of the acts of the legislature of West Virginia, of one thousand nine hundred and twenty-one, relating to the domestic relations court of Cabell county.

[Passed April 17, 1923. In effect from passage. Became a law without the approval of the Governor]

SEC.

9. Clerk of the circuit court to be clerk of domestic relations court;

to sign processes, etc.; salary for services.

Be it enacted by the Legislature of West Virginia:

That section nine, of chapter one hundred and sixty-eight of the acts of the legislature of West Virginia of one thousand nine hundred and twenty-one, relating to the domestic relations court

of Cabell county, be amended and re-enacted so as to read as follows:

Section 9. The clerk of the circuit court of Cabell county 2 shall act as and perform the duties as clerk of the said do3 mestic relations court and shall exercise the same powers and 4 duties arising within the jurisdiction of said court as are per5 formed by him as clerk of the circuit court of said Cabell 6 county. All processes, rules and orders of said court in the 7 exercise of its jurisdiction shall be signed by the clerk thereof 8 to be directed to the sheriffs of the proper counties wherein 9 the same are executed in like manner and with the same effect 10 as processes issuing from the circuit court of said Cabell 11 county.

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And the clerk of said domestic relations court shall receive 13 for his services as such the sum of one thousand dollars per 14 year, payable monthly, from the county treasury.

CHAPTER 126

(Senate Bill No. 102-Mr. White of Mingo)

AN ACT to fix the salary of the prosecuting attorney of Wyoming county, and fixing the time and manner of the payment of the same; and also providing for the appointment of an assistant prosecuting attorney of said county and fixing the salary of such assistant.

[Passed April 21, 1923. In effect ninety days from passage. Became a law without the approval of the Governor]

SEC.

1. Salary; how paid.

2.

Assistant prosecuting attorney;
salary; how paid; duties; re-

moval; vacancy, how filled; principal may stop salary of assistant, when; acts in conflict repealed.

Be it enacted by the Legislature of West Virginia:

Section 1. On and after January first, one thousand nine 2 hundred and twenty-five, the county court of Wyoming county, 3 West Virginia, shall allow and pay to the prosecuting attorney 4 thereof, out of the treasury of said county, an annual salary 5 of not less than three thousand dollars and not exceeding four 6 thousand dollars, which salary shall be paid monthly in the 7 same manner that the salaries of other county officers are paid.

Sec. 2. On and after January first, one thousand nine hun2 dred and twenty-five, the prosecuting attorney of said county

3 may designate and appoint some competent attorney as assist4 ant prosecuting attorney of said county, whose salary shall be 5 not less than twelve hundred dollars per annum nor more than 6 eighteen hundred dollars per annum, at the discretion of the 7 county court. Such salary shall be paid to said assistant 8 monthly, out of the county treasury, and in the same manner 9 as the salaries of other county officers are paid. Such assistant 10 shall take the same oath and perform the same duties required 11 by law of his principal. He may be removed from office at the 12 will of his principal, or for misconduct or neglect of duty. In 13 case such assistant shall be removed, the vacancy may be filled 14 by the principal as herein provided for his appointment. The 15 appointment of an assistant shall always be discretionary with 16 the principal, and the principal may, at any time, by thirty 17 days' notice to the assistant, stop the payment of the salary of 18 such assistant.

19 All acts and parts of acts inconsistent with this act are hereby 20 repealed.

CHAPTER 127

(Senate Bill No. 117-Mr. Coffman)

AN ACT empowering, authorizing and requiring the county court of Harrison county to appropriate and pay to "The Children's Home of Clarksburg," money for the support and maintenance of the abandoned, neglected and indigent children of said county, kept in said home, to lay an annual levy to provide revenue therefor, and to require the officer of such home to give surety for the faithful application of such appropriation.

[Passed April 21, 1923. In effect from passage. Became a law without the approval of the Governor]

SEC.

1. County court authorized to appropriate money for; levy.

2. Bond; what constitutes forfeiture;

annual statement; investigation of cases; expenses of same; how paid; report to prosecuting attorney; acts in conflict repealed.

Be it enacted by the Legislature of West Virginia:

Section 1. The county court of Harrison county is hereby 2 fully authorized and empowered, as well as requested to ap3 propriate money and pay over to "The Children's Home," a 4 non-stock and non-profit sharing corporation, of Clarksburg,

5 in which dependent, neglected, abandoned, homeless, unfor6 tunate and delinquent children of said county are kept, main7 tained and educated. The county court of said county, at each 8 annual levy period, shall lay a levy on all taxable property, 9 both real and personal in said county, not to exceed one mill 10 on each one hundred dollars valuation thereof, to provide the 11 money for said appropriation, and said county court shall ap12 propriate for the use and benefit of said home all, or so much 13 of the money or funds so derived, as shall be necessary to 14 properly keep, maintain and educate said children while they 15 remain in said home.

Sec. 2. No part of said appropriation shall be paid un2 til there has been executed on the part of said "The Chil3 dren's Home," a bond with good and sufficient surety, stipu4 lating and providing that all of said appropriation, and every 5 part thereof, shall be faithfully and honestly applied for the 6 use and benefit of said children, and in conformity with the 7 purposes of the charter of said home, that is, for the care, 8 protection, training and education of neglected, abandoned, 9 homeless, unfortunate, or delinquent children, and to locate 10 and find proper and suitable homes for such children in pri11 vate homes secured for such purposes; and a failure so to do 12 shall be a forfeiture thereof; said bond to be approved by said 13 county court and shall be kept as a record in the office of the 14 clerk thereof. If any part of said appropriation so raised by 15 taxation in any one year shall not be used, then all such part 16 thereof as may be unexpended, shall be returned to the county 17 treasury. Said home, shall by its proper officers, make an 18 annual verified statement and settlement with the county 19 court, showing when, where, and how said funds or appro20 priation has been applied and disbursed.

21 But before any of said money so appropriated may be ex22 pended by said home for keeping, maintaining and educating 23 any child as aforesaid, a thorough investigation shall be made 24 of the necessity of such action in order that no imposition 25 may be practiced upon said home, and to that end the ex26 penses of such investigation, not to exceed the sum of five 27 dollars, in each case, may be paid out of said fund. And upon 28 such investigation, if it clearly appears to the management of 29 said home that such child so investigated has a father who 30 is able and capable to keep, maintain and educate such child

31 and is failing and neglecting so to do and thereby violating 32 any of the laws of this state, the said management shall report 33 the facts to the prosecuting attorney of said county.

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All acts and parts of acts inconsistent herewith are hereby 35 repealed.

CHAPTER 128

(Senate Bill No. 121—Mr. Bowers)

AN ACT to authorize the county court of Marion county, or any other county, to appropriate county funds to assist boys and girls in erecting county buildings at Jackson's Mills.

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

Became a law

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Be it enacted by the Legislature of West Virginia:

Section 1. That the county court of Marion county, or any 2 other county, is hereby authorized to appropriate money from 3 the county fund to assist the boys and girls of that county in 4 erecting county buildings on the state 4-H camp property at 5 Jackson's Mills.

6 All acts, or parts of acts, in conflict or inconsistent herewith 7 are hereby repealed.

CHAPTER 129

(Senate Bill No. 134-Mr. Reynolds)

AN ACT to authorize the county court of the county of Mineral to establish and maintain a county law library.

[Passed April 17, 1923. In effect ninety days from passage. Became a law without approval of the Governor]

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Be it enacted by the Legislature of West Virginia:

Section 1. The county court of the county of Mineral is 2 hereby authorized to establish and maintain a law library for

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