CHAPTER 24 (Senate Bill No. 420-Mr. Hill) AN ACT to amend and re-enact section six of chapter two of the acts of the legislature of one thousand nine hundred and twenty, extraordinary session, relating to compensation of election officers. [Passed April 26, 1923. In effect ninety days from passage. Approved by the SEC. Salaries of election officers. Be it enacted by the Legislature of West Virginia: That section six of chapter two of the acts of the legislature of one thousand nine hundred and twenty, extraordinary session, be amended and re-enacted so as to read as follows: Section 6. Every commissioner of election, poll clerk, chal2 lenger and ballot commissioner shall be allowed a sum to be 3 fixed by the county court, but not to exceed five dollars 4 for each day he shall serve as such, including the time necessary 5 to receive and deliver the ballots, ballot boxes, poll books and 6 tally sheets; provided, the ballot commissioners shall not receive 7 an allowance for more than two days. CHAPTER 25 (House Bill No. 109-Mr. Beneke) AN ACT to amend and re-enact sections five and twenty-six-a (33), of chapter three of Barnes' code of West Virginia, of one thousand nine hundred and twenty-three, relating to election precincts and double election boards. [Passed April 27, 1923. In effect ninety days from passage. Became a law without approval of the Governor] SEC. 5. Election precincts. 26-a (33) Double election boards; creation of; acts in conflict repealed. Be it enacted by the Legislature of West Virginia: Section 5. The county court of each county in this state shall, 2 at their first session after the taking effect of this act, divide the 3 magisterial districts of their respective counties into election 4 precincts, number the same, establish the boundaries thereof, and 5 designate at least one place of holding elections in each magis6 terial district. Every magisterial district, in which only one. 7 place of holding elections is designated, shall constitute a pre8 cinct. There shall be but one voting place in a precinct, which 9 shall be established as near as possible at the place most conven10 ient for the voters of the precinct. 11 Each precinct within any incorporated city or town shall con12 tain as nearly as practicable six hundred electors, based on the 13 number of votes cast at the last general election; but no pre14 cinct in any incorporated city or town shall contain more than 15 six hundred electors. Each precinct outside of the limits of any 16 incorporated city or town shall contain as nearly as practical 17 two hundred electors, based on the number of votes cast at the 18 last general election; but no precinct outside of the limits of 19 any incorporated city or town shall contain more than five hun20 dred and fifty electors and not less than one hundred electors. If, 21 at any election hereafter held, six hundred or more votes shall be 22 cast at any voting place within any incorporated city or town, 23 or five hundred and fifty and not less than one hundred votes 24 shall be cast at any voting place outside of the limits of any in25 corporated city or town, it shall be the duty of the county court 26 to, and it shall. within sixty days after such election re-arrange 27 the precincts within the political division so that the new pre28 cincts formed therefrom, or from any part thereof, shall each 29 contain, within the limits of any incorporated city or town, not 30 to exceed six hundred electors and outside of the limits of any 31 incorporated city or town not to exceed five hundred and fifty 32 electors and not less than one hundred electors, as nearly as prac33 ticable. If such county court fail to act within sixty days after 34 the date of such election as herein directed any qualified voter 35 of the county may apply for a writ of mandamus to compel a 36 performance of this duty. Sec. 26-a (33). At all general and primary elections in 2 this state, for every voting precinct in which were cast an aggre3 gate of two hundred or more votes by all parties voting in said 4 primary or general election in any general election held, there 5 shall be two boards of election officers, each board consisting of 6 three election commissioners and two poll clerks, one board to be 7 known as the "receiving board" and the other board to be 8 known as the "counting board". Not more than two commis9 sioners and one poll clerk of each board shall be appointed from 10 the same political party. 11 All acts or parts of acts inconsistent herewith are hereby re12 pealed. CHAPTER 26 (Senate Bill No. 271-Mr. White of Lewis) AN ACT to amend and re-enact section twenty-one of chapter fifty-four of Barnes' code of one thousand nine hundred and eighteen, relating to the increase or decrease of capital stock, change of name, chief works or principal office of corporations. [Passed April 26, 1923. In effect ninety days from passage. Governor May 1, 1923] Approved by the increase stock or par value of same; notice and publication; license tax to be paid. Be it enacted by the Legislature of West Virginia: That section twenty-one of chapter fifty-four of Barnes' code of one thousand nine hundred and eighteen, relating to the increase or decrease of capital stock, change of name, chief works or principal office of corporations, be amended and re-enacted so as to read as follows: Section 21. Any corporation formed, or which may here2 after be formed, or which has accepted or may accept the pro3 visions of this chapter, may, by resolution at any general or 4 special meeting of the stockholders thereof, change the place 5 of its principal office, or its chief works, or change its name, or 6 make such reduction or increase in the number of shares of its 7 capital stock, or the par value of each share, as may be decided 8 upon by said stockholders, a majority of the stock of such com9 pany being represented by the holders thereof at such meeting 10 in person, or by proxy, and voting therefor; provided, that 11 notice be given by advertisement published at least two weeks 12 before such action in some newspaper of general circulation 13 printed in the county wherein the principal office of such cor14 poration is located, if such office be within this state, and if 15 such office be not within this state, then in some newspaper 16 printed at the capital of this state, of the intention to offer such 17 resolution; and, provided, further, that said resolution may be 18 adopted without such notice being published, if the meeting at 19 which it be adopted be assented to in writing by all the stock20 holders of the company at the time or before the meeting is 21 held; provided, however, that no corporation shall be allowed 22 to change its name, increase or decrease its capital stock, or do 23 anything affecting its articles of agreement, until it has paid 24 to the auditor, all license tax due the state of West Virginia, 25 up to and including the current fiscal year. Before the secretary 26 of state shall issue a certificate authorizing an increase of cap27 ital stock, he shall collect from the corporation license tax on the 28 amount of such increase according to the rates prescribed by 29 law, except, that if the certificate authorizing the increase be 30 issued during the month of May or June, the secretary of state. 31 shall collect from such corporation, on the increase for the en32 suing year, in addition to the tax for May and June of the then 33 current year, and pay the same into the state treasury as pro34 vided by law; but on such increase a resident corporation shall 35 not pay less than five dollars, and a non-resident corporation 36 shall not pay less than ten dollars. CHAPTER 27 (Senate Bill No. 274-Mr. Bowers) AN ACT to amend and re-enact sections three, four, nine and ten of chapter one hundred and thirty-four, of the acts of the legislature of West Virginia of one thousand nine hundred and twenty-one, relating to neglected or dependent children, and to add thereto a new section to be known as section twentythree, and provide for punishment of superintendents of county infirmaries. [Passed April 26, 1923. In effect ninety days from passage. Approved by the Governor May 1, 1923] Be it enacted by the Legislature of West Virginia: That sections three, four, nine and ten of chapter one hundred and thirty-four of the acts of the legislature of West Virginia of one thousand nine hundred and twenty-one be amended and reenacted so as to read as follows, and that a new section be added thereto to be known as section twenty-three, to read as hereinafter set forth. Section 3. The board shall make such by-laws, rules and 2 regulations, relative to its management, government and work 3 not contrary to law as it may deem proper, and shall appoint 4 such officers, employees and general and district agents as it 5 may deem necessary to carry on the operations of said board. 6 designating their duties and fixing their compensation; pro7 vided, that at least one-half such agents shall be women. Sec. 4. It shall be lawful for the board, its officers or 2 agents, to take or receive into custody or control children as 3 hereinafter provided. 4 (a) The term dependent children, as used herein or in any 5 statute concerning the care, custody or control of children, 6 shall mean any boy under the age of sixteen years and any 7 girl under the age of eighteen years, who is dependent upon 8 public charity or who is destitute, homeless, or abandoned. 9 (b) The term neglected children as used herein, shall mean 10 any boy sixteen years or under or any girl eighteen years or 11 under who has not proper parental care or guardianship; or 12 who habitually begs or receives alms, or who is found living in 13 any house of ill-fame, or with any vicious or disreputable per14 sons; or whose home by reason of neglect, cruelty or disrepute 15 on the part of its parents, guardians or other persons in whose 16 care it may be, is an improper place for a child to live, or whose 17 environment is such as to warrant the state in the interest of 18 the child in assuming its guardianship. 19 (c) Whenever the board, any member, officer or agent 20 thereof or any reputable person shall have probable cause to 21 believe that a child is dependent, neglected, abandoned or 22 cruelly treated, said board member, officer, agent or person 23 may at any time present a petition setting forth such facts, 24 verified by the oath of some credible person having a personal 25 knowledge thereof, to the circuit, common pleas, criminal, in26 termediate or juvenile court (or to the judge thereof in va27 cation) of the county in which said child resides, which or who |