5 property subject to taxation within this state, sufficient to pay 6 interest on said bonds accruing during the current year and one7 twenty-fifth of the total issue (at par value) of said bonds, for 8 such number of years, not exceeding twenty-five, as may be 9 necessary to pay the interest thereon and to pay off the princi10 pal sum of said bonds; and said taxes, when so collected, shall 11 not be liable for or applicable to any other purpose. 12 Provided, hwoever, if there be other funds in the state treas13 ury, or in the state road fund, in any fiscal year, not otherwise 14 appropriated, or if other sources of revenue be hereafter pro15 vided by law for the purpose, the board of public works is 16 authorized, empowered and directed to set apart, in any year 17 there be such funds, or other sources of revenue provided for 18 such purpose, a sum sufficient to pay the interest on said bonds 19 accruing during the current year, and to pay off and retire the 20 principal of said bonds, or any part thereof, at maturity. 21 The authority hereby vested in the board of puble works shall 22 be in addition to the authority now vested in it by present law. Sec. 8. The governor shall sell bonds herein mentioned at 2 such time or times as he may determine necessary to provide. 3 funds for road construction purposes, as herein provided, upon 4 recommendation of the state road commission. All sales shall 5 be at not less than par and interest accured since the last semi6 annual dividend period. All interest coupons becoming pay7 able prior to said sale date shall be cancelled by the treasurer 8 and rendered ineffective before the delivery of the bonds so sold. 9 Registered bonds shall bear interst only from the date of de10 livery. Sec. 9. The plates from which the bonds, authorized by this 2 act are printed shall be the property of the state of West Vir3 ginia. Sec. 10. All necessary expenses incurred in the execution of 2 this act shall be paid out of the money in the treasury of the 3 state of West Virginia, belonging to the state road fund on war4 rants of the auditor of the state drawn on the state treasurer. Sec. 11. The state auditor shall be custodian of all unsold 2 bonds issued pursuant to the provisions of this act. CHAPTER 5 (Senate Bill No. 220-Mr. Hugus) AN ACT to amend and re-enact section eighty-two of chapter one hundred and twelve of the acts of the legislature of West Virginia, of one thousand nine hundred and twenty-one. [Passed April 13, 1923. In effect from passage. Approved by the Governor April 18, 1923] SFC. 82. (Class G.) Dealer defined; fee for plates and additional plates; commission may issue special permits; penalty. Be it enacted by the Legislature of West Virginia: That so much of section eighty-two of chapter one hundred and twelve, being that part of said section appearing as class G, be amended and re-enacted so as to read as follows: Class G. A dealer within the meaning of this act shall be a 2 person, partnership, corporation, or joint stock company, whose 3 business shall be the buying and selling of motor vehicles, or 4 the exchanging of motor vehicles. Each dealer in motor ve5 hicles, except motor cycles, shall pay a fee of thirty dollars 6 yearly, in consideration of which he shall receive one set of 7 special registration plates to be used only on vehicles operated 8 upon the highways leading to sale or exchange, and such 9 plates may be used on any vehicle owned by such dealer. 10 for the purpose aforesaid; provided, that in case of sale 11 or exchange of a vehicle, the dealer may give permis12 sion in writing, to the new owner of the vehicle to use said 13 dealer's lcense plates for a period not to exceed five days. 14 Five additional sets of plates shall be issued to any dealer 15 licensed in accordance with this act, upon application and pay16 ment of a fee of fifteen dallars. Additional sets of said plates 17 shall be issued to any dealer licensed in accordance with this 18 act, upon application and payment of a fee of two dollars for 19 each additional set. 20 The commission shall have power to grant, in its discretion 21 special permits to a dealer for use on motor vehicles driven under 22 their own power from the factory or distributing place of a 23 manufacturer, or other dealer, to the place of business of such 24 dealer, and the commission shall charge a fee of one dollar for 25 each such permit. Such special permit shall be good only for 26 one trip and for the specific vehicle upon which used, and such 27 permit shall not be used by such dealer in lieu of any registra 28 tion certificate or plate, required by this act. No dealer shall 29 use the dealer's plates upon any vehicle used for transportation 30 of freight, or for passenger service, pleasure or hire. 31 Any person or persons violating any of the provisions of this 32 act, shall upon conviction be guilty of a misdemeanor and shall 33 be fined not less than fifty dollars nor more than one hundred 34 dollars for the first offense and for the second or subsequent 35 offense shall be fined not less than one hundred dollars nor 36 more than five hundred dollars, and in addition thereto, his 37 license shall be revoked for the balance of the calendar year. CHAPTER 6 (Senate Bill No. 336-Mr. McClaren) AN ACT to amend and re-enact sections twelve fifteen, seventeen, twenty, twenty-five, thirty-one, fifty-six, sixty-seven, seventyone, seventy-five, seventy-six, eighty-two, eighty-three, ninetythree, ninety-four, ninety-five, one hundred and four, one hundred and twenty-three, one hundred and thirty-eight, and one hundred and forty-six, of chapter one hundred and twelve of the acts of the legislature, one thousand nine hundred and twenty-one, regular session, and by adding thereto sections twenty-one-a and eighty-two-a, relating to public roads and the use thereof. [Passed April 27, 1923. In effect from passage. May 2, 1923] SEC. 12. State road commission to make Approved by the Governor SEC. 56. regulations for preservation of 67. 71. 17. 20. State road commission; to fur- plans of state maintained roads; 25. 31. 75. 76. 82. State road commission to have License required for driving; how Formula for determining horse power; fees for registeration plates; form of application for permit for motor vehicles carrying passengers or property for compensation; form of such permit penalty. 82.-a. No fees should be charged other than those prescribed with respect to vehicles and the operator. Be it enacted by the Legislature of West Virginia: That sections twelve, fifteen, seventeen, twenty, twenty-five, thirty-one, fifty-six, sixty-seven, seventy-one, seventy-five, seventysix, eighty-two, eighty-three, ninety-three, ninety-four, ninety-five, one hundred and four, one hundred and twenty-three, one hundred and thirty-eight, and one hundred and forty-six, of chapter one hundred and twelve of the acts of the legislature, one thousand nine hundred and twenty-one, regular session, be amended and reenacted, and there be added to said chapter section twentyone-a and eighty-two-a, to read as follows: Section 12. The state road commission is hereby authorized 2 and empowered to make and enforce from time to time such 3 rules, regulations and orders as it may deem necessary, not 4 inconsistent with law or otherwise provided herein, for the 5 preservation of state roads, and to regulate the use of the same 6 by tractors, traction engines, wagons and such other vehicles 7 or conveyances as by such uses produce more than an or8 dinary amount of wear and tear thereon. Every general regu9 lation adopted by the commission shall state the date on which 10 it takes effect, which shall not be less than ten days after the 11 date of publication. Such rules, regulations and orders when 12 and as promulgated or authorized, shall be printed by the 13 commission for free distribution to any applicant therefor. A 14 copy of such rules and regulations, duly signed by the chair15 man and the secretary of the commission shall be sent by the 16 secretary to the secretary of state, to each officer and to each 17 county court affected thereby. Any person violating such or18 der or regulation shall be deemed guilty of a misdemeanor, and 18-a upon conviction thereof shall be fined not less than one dollar, 19 nor more than one hundred dollars, or imprisoned for not less 20 than ten days nor more than three months, or both fine and im21 prisoned, at the discretion of the court or justice trying the case. 22 In all hearings and proceedings before said commission, the 23 evidence of witnesses and the production of documentary evi24 dence may be required at any designated place of hearing; and 25 summons may be issued by the secretary of any member of 26 the commission. In case of disobedience to a summons or other 27 process so issued, the commission or any part to the proceed28 ings before the commission, may invoke the aid of any circuit 29 court in requiring the evidence and testimony of witnesses and 30 the production of papers, books and documents. And upon 31 proper showing, such court shall issue an order requiring such 32 persons to appear before the commission and produce all books 33 and papers, and give evidence touching the matter in question. 34 Any person failing to obey such order may be punished by 35 such court for contempt thereof. A claim that any such 36 testimony or evidence may tend to incriminate the person giv37 ing the same, shall not excuse such witness from testifying, 38 but such witness shall not be prosecuted for any offense con39 cerning which he is compelled hereunder to testify. Sec. 15. There shall be, and there is hereby created a state 2 road fund. The said fund shall consist of the proceeds of all 3 state license taxes imposed upon automobiles or other motor or 4 steam driven vehicles, and collected from the owners thereof; 5 the registration fees imposed upon all owners, chauffers, oper6 ators and dealers in automobiles or other motor driven ve7 hicles; all sums of money which may be donated to such fund; 8 all proceeds derived from the sale of state bonds issued pur9 suant to any resolution or act of the legislature carrying into 10 effect the "Road Amendment" to the constitution of this state, 11 adopted, in the month of November, one thousand nine hundred 12 and twenty, including interest thereon; all moneys and funds 13 appropriated to it by the legislature; all moneys and funds al14 lotted or appropriated by the federal government to this state 15 for road construction and maintenance pursuant to any act of 16 the congress of the United States; the proceeds of all taxes 17 imposed upon, or collected from any person, firm or corpora18 tion for the benefit of such fund; all taxes or charges imposed 19 upon, or collected from any county, district or municipality 20 for the benefit of such fund; the proceeds of all judgments, de21 crees or awards recovered and collected from any person, firm 22 or corporation for damages done to, or sustained by any of the 23 state roads or parts thereof; all moneys recovered or received 24 by reason of the violation of any contract respecting the build |