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Be it enacted by the Legislature of West Virginia:

Sec. 1. That in order to perpetuate the memory of the pioneers of this state, the county courts of the several counties be and the same are hereby authorized, in their discretion, to cause to be erected monuments or tablets in memory of any person or persons engaged in the Indian wars, to mark the sites of the frontier forts and blockhouses constructed and occupied by the early settlers during the Indian wars, and other historic localities, and also the graves of soldiers of the war of the revolution, in their respective counties.

CHAPTER 51.

(Senate Bill No. 53.)

AX ACT to extend the time in which distraint and sales may be

made for taxes.

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Be it enacted by the Legislature of West Virginia:

Sec. 1. That the sheriffs of the several counties in the state of West Virginia, whose terms expired on the thirty-first day of December, one thousand nine hundred, be allowed until the thirtyfirst day of December, one thousand nine hundred and nine, within which to make distraint or sale for the collection of taxes not returned delinquent for the years one thousand eight hundred and ninety-seven, one thousand eight hundred and ninety-eight, one thousand eight hundred and ninety-nine, and one thousand nine hundred; and any person who shall remove from the county wherein he or she has been assessed, before paying the tax on said assessment, the sherifi of said county may forward the tax receipt of said assessment to the sheriff of the county in which said person has removed, who is hereby empowered to make. levy and collect said tas the same as he is empowered to make, levy and collect tax on assessments made in his own county.

CHAPTER 52.

(Senate Bill No. 125.)

AX ACT regulating life insurance companies and prohibiting the

diversion of funds for political purposes.

(Passed February 22, 1907. In effect ninety days from passage.

Governor, February 26, 1907.)

Approved by the

SEC.

Sec. 1.

Xo insurance company allowed to

financially aid any political
party association organized
for political purposes; penalties
for violation ; no person excused

or

from testifying or producing books, etc., on the ground of in. criminating himself ; no testimony so given shall

be

used against him, etc.

Be it enacted by the Legislature of West Virginia:

Sec. l. No insurance company or association including fraternal beneficiary associations, doing business in this state shall directly or indirectly, pay or use or offer, consent or agree to pay or use any money or property for, or in aid of any political party, committee or organization, or for or in aid of any corporation, joint stock or other association, organized or maintained for political purposes, or for or in aid of any candidate for political office, or for nomination for such office, or for any political purpose whatsoever, or for the reimbursement or indemnification of any person for money or property so used. Any officer, director, stockholder, attorney or agent of any corporation or association which violates any of the provisions of this act, who participates in, aids, abets or advises or consents to any such violation, and any person who solicits or knowingly receives any money or property in violation of this act, shall be guilty of a misdemeanor and be punished by imprisonment for not more than one year and a fine of not more than one thousand dollars, and any officer aiding or abetting in any contribution made in violation of this act, shall be liable to the company or association for the amount so contributed.

No person shall be excused for attending and testifying, or producing any books, papers or other documents before any court or magistrate, upon any investigations, proceeding or trial, for a violation of any of the provisions of this act upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate or degrade him; but no person shall be prosecuted or subjected to any penalty or forfeiture for, or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be used against him upon any criminal investigation or proceeding.

CHAPTER 53.

(Senate Bill No. 128.)

AN ACT defining the status of persons soliciting life insurance.

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Be it enacted by the Legislature of West Virginia:

Sec. 1. Any person who shall solicit an application for insurance upon the life of another shall, in any controversy between the assured or his beneficiary and the company issuing any policy upon such application, be regarded as the agent of the company and not the agent of the assured.

Sec. 2. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

CHAPTER 54.

(House Bill No. 212.)

AN ACT to amend and re-enact section two of chapter forty-seven

of the code, as amended by the acts of one thousand nine hundred and one, chapter forty-one, relating to the incorporation of towns, cities and villages, and providing for the forfeiture and dissolution of charters heretofore and hereafter granted.

[l'assed February 22, 1907. In effect ninety days from passage.

Governor, February 25, 1907.)

Approved hy the

SEC. 2.

SEC.

Incorporation of city, town or vil

lage; under what conditions ; by
whom granted ; forfeiture of

charter; when; how forfeited; inconsistent acts repealed.

Be it enacted by the Legislature of West Virginia:

That section two of chapter forty-seven of the code, as amended by the acts of one thousand nine hundred and one, chapter fortyone, be re-enacted so as to read as follows:

Sec. 2. Any part of any district or districts not included within any incorporated town, village or city, and containing a resident population of not less than one hundred persons, and if it shall include within its boundaries a territory of not less than one-quarter of one square mile in extent, and not more than a reasonable amount of territory proportionate to the number of residents therein (the exact extent of the territory to be included therein, to be within the discretion of the circuit court granting the charter) may be incorporated as a city, town or village, under the provisions of this act; and any city, town or village heretofore incorporated under the provision of said chapter forty-seven of said acts of one thousand nine hundred and one, or which shall hereafter be incorporated under the provisions of this act, and which has no bonded indebtedness, and which shall fail for one year to exercise its corporate powers and privileges, or which has not twenty legal voters residing therein, or in which there were not twenty legal votes cast at its last election, or the population of which shall be reduced below seventy-five persons and so remain for six months, shall in either event thereby forfeit its charter so granted, and all rights, powers and privileges so conferred to such town, city or village. And the circuit court of the county where any such city, town or village is located within this state shall have jurisdiction to hear and determine all matters relating to the forfeiture and dissolution of all such charters granted as hereinbefore provided, upon the petition of one or more of its inhabitants, or any ten freeholders of the county wherein such city, town or village is located, to annul and declare forfeited such charter and shall dissolve the corporation. Ten days' notice of the filing of such petition with the clerk of the circuit court of the county wherein such city, town or village is located, served upon the mayor and recorder thereof shall be sufficient notice upon which the judge of such court shall so act, and upon proper proof of the allegations of such petition, all such charters so granted shall be declared forfeited and the corporation dissolved.

All acts and parts of acts heretofore enacted and inconsistent herewith are hereby repealed.

CHAPTER 55.

(Senate Bill No. 178.)

AX ACT to amend and re-enact sections one and two of chapter

thirty-three of the code of West Virginia, relating to taxes on inheritances, devises, distributive shares and legacies.

[Passed February 22, 1907. In effect ninety days from passage.

Governor, February 27, 1907.]

Approved by the

Sec. 1.

SEC.

Transfers, in trust or otherwise of

any property, etc., except for
educational purposes, etc., sub-
ject

to taxation, also inherit

ances. devises, distributive

shares and legacies. Rate of tax; property not taxable.

2.

Be it enacted by; the Legislature of West Virginia:

That sections one and two of chapter thirty-three of the code of West Virginia be and the same are hereby amended and re-enacted so as to read as follows:

See. 1. A tax payable into the treasury of the state shall be imposed upon the transfer in trust or otherwise, of any property or interest therein, real, personal or mixed, except a transfer to a person or corporation in trust or use for educational, literary, scientific, religious or charitable purposes, or to the state or any county or municipal corporation thereof for public purposes, if such transfer be

(a) By will or by the laws of this state regulating descents and distributions from any person who is a resident of the state at the time of his death, and who shall die seized or possessed of the property;

(b) By will or by laws regulating descent and distributions of property within the state, and the decedent was a non-resident of the state at the time of his death;

(e) By a resident or be of property within the state by a nonresident, by deed, grant, bargain, sale or gift made in contemplation of the death of the grantor, vendor, bargainer or donor, or intended to take effect in possession or enjoyment at or after such death.

(d) If any person shall transfer any property which he owns or shall cause any property to which he is absolutely entitled, to he transferred to or vested in himself and any other person jointly, so that the title therein, or in some part thereof vest no survivorship in such other person, a transfer shall be deemed to occur and to be

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