[Passed April 20, 1923. In effect from passage. SEC. May 1, 1923] SEC. Approved by the Governor 1. Salary Prosecuting Attorney of 2. May appoint assistant; conflictWetzel County. ing acts repealed. Be it enacted by the Legislature of West Virginia: Section 1. The salary of the office of prosecuting attorney 2 of Wetzel county be, and the same is hereby fixed at the sum 3 of not less than eighteen hundred dollars and not exceeding 4 twenty-one hundred dollars per annum to take effect on Janu5 ary first, nineteen hundred and twenty-five. Sec. 2. The prosecuting attorney of said county may, with 2 the assent of the county court of his county entered of record, 3 appoint one practicing attorney to assist him in the discharge 4 of his official duties for and during his term of office, and such 5 assistant shall take the same oath of office and may perform the 6 same duties as required by law of his principal; and may be 7 removed from office as such assistant at any time by his prin8 cipal, and further, he may be removed from his office as such 9 assistant by the circuit court of the county in which he is ap10 pointed for any cause for which his principal might be re11 moved. The county court of said county shall allow annually to 12 such assistant such compensation to be paid out of the county 13 treasury as is deemed reasonable by the county court in a sum 14 not less than six hundred dollars nor more than nine hundred 15 dollars annually, in monthly payments; and the prosecuting at16 torney by and with the consent of the county court may em17 ploy a stenographer for his office at a salary of not less than 18 six hundred dollars nor more than nine hundred dollars an19 nually, to be paid in monthly payments out of the county 20 treasury. 21 All acts and parts of acts inconsistent herewith are hereby 22 repealed. CHAPTER 137 (House Bill No. 209-Mr. Craig) AN ACT to fix the salaries of the prosecuting attorneys of Brooke county and of Hancock county. 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 salary of the prosecuting attor 3 ney of Brooke county and of Hancock county shall each be 4 one thousand eight hundred dollars per annum. 5 All acts and parts of acts inconsistent herewith are hereby 6 repealed. CHAPTER 138 (House Bill No. 215—Mr. Hall of Wetzel) AN ACT to authorize the county court of Wetzel county, a body politic, to acquire, by purchase or otherwise, a building or buildings, and ground or suitable site, and to erect, equip and maintain thereon a building or buildings for a hospital for the inhabitants of said county, and to extend the same privilege to others upon such terms as the county court or board may deem reasonable, and lay levies therefor. [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: Section 1. The county court of Wetzel county, a body politic, 2 is fully authorized to acquire and establish at the county seat, 3 or adjacent thereto, by purchase or otherwise, ground and 4 building, or buildings, or ground for a hospital and to erect 5 and maintain thereon, a building or buildings, and may lay a 6 tax for the purpose of acquiring and establishing the same of 7 not more than five cents on the one hundred dollars, on all 8 taxable property in said county, and thereafter a like tax of 9 not more than two cents on the one hundred dollars, such tax 10 to be levied and collected in like manner as the general taxes 11 of the county, which shall be kept separate in a fund to be 12 known as the "Hospital fund." Sec. 2. Whenever such hospital shall be established under 2 this act the county court shall appoint a board of directors 3 consisting of fifteen members, citizens of Wetzel county; each 4 magisterial district of the county shall be entitled to at least 5 one director. Such directors shall hold office for four years 6 from the first day of July following their appointment, and 7 until their successors are appointed. No person shall be in8 eligible to appointment by reason of sex. Vacancies in the 9 board shall be reported to the county court and filled by ap10 pointment in like manner as original appointments for the 11 unexpired term. The county court may remove any director 12 for misconduct or neglect of duty. No compensation shall be 13 paid or allowed any director. Sec. 3. The board of directors of said hospital established 2 under this act shall, immediately after their appointment, meet 3 and organize by electing one of their number as president and 4 one as secretary; a majority of all the members of any board 5 shall constitute a quorum for the transaction of business. They 6 shall make and adopt such by-laws, rules and regulations from 7 time to time for their own guidance and for the government 8 and use of the hospital as may be expedient and not incon9 sistent with this act. Said board shall have authority to con10 tract for the construction or purchase of a hospital established 11 under this act and for repairs thereon or maintenance thereof 12 and the supervision, care and custody of the ground, structure 13 or structures; provided, however, that all contracts shall be 14 approved by the county court and that the expenditures of all 15 funds shall be subject to the approval of the county court, 16 and all moneys belonging to the hospital fund shall be de17 posited in the treasury of said county to the credit of the 18 hospital fund and shall be drawn therefrom on orders issued 19 by the county court. Said orders shall not be drawn except 20 upon requisition of the hospital board attached to proper au21 thenticated vouchers. The buildings and ground purchased 22 for a hospital and established under this act may be acquired 23 by condemnation by said board in the same manner as the 24 county court may acquire other real estate for public uses and 25 purposes, and the title of all such property shall be and vest 26 in the county court. The said board shall have power to ap27 point a suitable custodian and assistants and prescribe rules 28 for their conduct; fix their duties and compensation, and shall 29 have power to remove such appointees and, in general, to carry 30 out the spirit and intention of this act. Sec. 4. Said hospital, when established under this act, 2 shall be ostensibly for the benefit of the inhabitants of the 3 county, subject to such reasonable rules and regulations as 4 the board may adopt, in order to render the use of said hos5 pital of the greatest benefit to the greatest number; and the 6 said board may exclude from the use of the hospital any and 7 all persons who shall wilfully violate such rules. The board 8 of directors may extend the use and privileges of the hospital 9 to non-residents of the county upon such terms and condi10 tions as said board may prescribe. Sec. 5. The board of directors shall, on or before the first 2 day of July in each year, make a report to the county court, 3 stating the condition of the property, the various sums of 4 money received from the hospital fund, and from all other 5 sources, how much money was expended and for what ex6 pended; also an itemized budget estimate of expense of the 7 property for the ensuing year, with such other information 8 and suggestions as they deem of general interest, or that may 9 be required of the county court. Sec. 6. Any person or persons, including corporations, who 2 desire to make donations of cash or other personal property, 3 or real estate for the benefit of the hospital, shall have the 4 right to do so, and shall have the right to vest the title thereof 5 in the county court, to be held in trust and controlled by 6 such board, the same as the other property owned or acquired, 7 and according to the terms and for the purposes set out in 8 the deed, gift, devise or bequest. Sec. 7. Any one who shall wilfully deface or injure such 2 hospital or property, shall be guilty of a misdemeanor, and 3 on conviction thereof shall be punished by a fine of not less 4 than ten dollars nor more than one hundred dollars or by im5 prisonment not exceeding twelve months, or both. The fine 6 in each case shall be paid to the proper officer of the hospital 7 fund, to be used as other money paid into its treasury. Sec. 8. Provided, however, that this act shall have no force 2 or effect until it shall have been ratified by a majority of the 3 legal voters of the county of Wetzel voting upon its ratifica4 tion or rejection at an election to be held at the same time 5 and places as the primary election held in said county for 6 the purpose of nominating candidates for county offices to be 7 voted upon at the general election to be held in the year one 8 thousand nine hundred and twenty-four. For the purpose of 9 obtaining an expression of the voters upon the ratification or 10 rejection of this act, the county court shall cause to be printed 11 and delivered to the proper election officials appointed for 12 holding the primary election aforesaid, a ballot, containing 13 the words set out in the caption of this act, with words under14 neath as follows: 15 [ ] For ratification of act. 16 [ ] Against ratification of act. 17 The election upon this question shall be conducted and the 18 result ascertained and certified in the manner as that for nom19 inating candidates for county offices at said primary elec20 tion. CHAPTER 139 (House Bill No. 273—Mr. Hatfield) AN ACT to amend and re-enact section seven of chapter twentyeight of the acts of the legislature of West Virginia of one thousand nine hundred and seven, concerning the duties of the county court of McDowell county in respect to the criminal court of said county. [Passed April 6, 1923. SEC. In effect ninety days from passage. Approved by the 7. County court to provide office, books and stationery, seal, etc., Be it enacted by the Legislature of West Virginia: That section seven of chapter twenty-eight of the acts of the legislature of West Virginia of one thousand nine hundred and seven, be amended and re-enacted to read as follows: Section 7. The county court, or tribunal acting in lieu there2 of in McDowell county, shall provide an office for the judge of |