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any irregularities or violations of this act which he may call to the attention of the president, cashier or board of directors, he shall have authority to take charge of such institution and shall report at once such insolvency, irregularity or violation to the governor, and shall have the power, with the consent of the governor, to appoint a competent person as receiver of such institution, who shall take charge of the books, moneys, records and assets of every description of such institution, and collect all debts, dues and claims belonging to it, and upon the order of a court of competent jurisdiction may sell or compound all bad or doubtful debts, and on like order may sell all its real and personal property on such terms as the court may direct, and, if necessary to pay its debts, may enforce the individual liabilities of its stockholders. A suit for such purpose may be instituted against such institution and its stockholders either in the name of such receiver or the commissioner of banking, in the circuit court of the county in which its banking house or office is located; provided, however, that before any such receiver shall take charge of any moneys or assets of any such institutions he shall give bond in such penalty as the governor shall prescribe, with sureties to be approved by the governor, conditioned for the faithful discharge of his duties as such receiver and the paying over as required by law cr directed by order of court of all moneys and assets which shall come into his hands as such receiver; such bond shall be made payable to the state of West Virginia, and shall be filed in the office of the commissioner of banking, aná suits or actions thereon may be brought by any person injured by reason of any breach of its conditions in any court of competent jurisdiction,

Call Statements.

VIII. Every bank operating under the provisions of this chapter shall make to the commissioner of banking not less than four reports each year, corresponding as to time as nearly as possible to the calls made by the comptroller of the currency on the national banks, according to the form that may be prescribed by him, verified by the oath or affirmation of the president or cashier of said bank and attested by the signatures of at least three of the directors. Each report shall exhibit in detail, and under appropriate heads, the resources and liabilities of the bank at the close of business on any past day by him specified, and shall be transmitted to the aforesaid commissioner within five days after the receipt of a request or requisition therefor from him; and in the same form in which it is made to the commissioner shall be published in a newspaper published in the place where the bank is situated, or if there is no newspaper in the place, then in one published nearest thereto in the same county, at the expense of the bank, and such proof of publication shall be furnished as may be required by said commissioner.

Certificate of Authority. IX. When any bank authorized by this chapter desires to begin business, it must notify the commissioner of banking, who shall at his earliest convenience make a personal examination of its affairs, and shall ascertain whether fifty per centum of its capital stock has, in good faith been actually paid in, and whether all the other provisions required to be complied with, before commencing the business of banking have been carefully observed; having satisfied himself that all the conditions precedent have in good faith been complied with, the said commissioner shall then issue to such bank, under his hand and official seal, a certificate of authority reciting that such examination has been made and that the bank is authorized to commence business; which certificate shall be conspicuously displayed in the principal business room of the bank; but the commissioner may withhold from any association his certificate authorizing the commencement of business whenever he has reason to suppose that the stockholders have formed the same for any other than the legitimate objects contemplated in this act. The president, cashier and directors, of any bank that shall receive deposits before the certificate of authority contemplated in this section has been issued, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than five hundred dollars and, at the discretion of the court, imprisoned in the county jail not less than three nor more than six months.

Collection of Capital Stock. X. All banks which have not collected the full amount of their capital stock shall collect the same as provided in section seventyeight of this chapter; and on receipt of each installment the president or cashier of such bank shall transmit to the commissioner of banking a statement of the fact, verified by his oath and attested by the signatures of at least three of the directors.

Compensation of Commissioner.

XI. For making such examination and for preparing and preserving all records and reports contemplated in this act, the said commissioner shall be paid the sum of two thousand five hundred dollars per annum salary and necessary expenses out of the state treasury, by proper warrant drawn by the auditor upon the treasurer, and the assistant commissioner of banking shall receive eighteen hundred dollars per annum salary and necessary expenses, payable upon like warrants. There shall be paid by each of said banks or other institutions examined, to the state, as follows:

if the total assets are less than one hundred and fifty thousand dollars, fifteen dollars; if one hundred and fifty thousand dollars and less than two hundred and fifty thousand dollars, twenty dollars; if two hundred and fifty thousand dollars and less than five hundred thousand dollars, twenty-five

twenty-five dollars; if five hundred thousand dollars and less than one million dollars, thirty dollars; if one million dollars or over, thirty-five dollars; and said commissioner of banking shall collect all such fees and cover the same into the state treasury; provided, that building and loan associations, when the total assets are less than one hundred thousand dollars, are to pay ten dollars, if one hundred thousand dollars or over, twenty dollars.

Commissioner's Report.

XII. On or before the first day of December, the said commissioner shall make out, and submit to the governor, a careful and complete report, of all work done by his department, showing the total resources and liabilities of all the banks, subject to his supervision, the increase or decrease for the year in such resources and liabilities, carefully noting any failures that may have occurred, stating the causes thereof, and making such remarks, suggestions and recommendations as he may deem pertinent; which report the governor shall bind with his message and documents and lay before the legislature.

Verification of Report.

XIII. The report provided for in the next preceding sub-section of this chapter, shall be verified by the affidavit of said commissioner, who shall swear that in making the examination and in

spection of each of the banks and other institutions provided for in this act, he has personally and carefully inspected the books, papers and affairs of said banks, and other institutions, and that in no case has he received or agreed to receive directly or indirectly any reward, gift, or promise thereof, from any bank officer or individual other than that specified in this act.

Other Institutions Subject to this Provision. XIV. It is further expressly provided that all savings banks, co-operative banking associations, and all trust, title insurance, guaranty, surety and indemnity companies doing a banking business, and all other companies of similar character, whether heretofore or hereafter organized under the laws of this state, shall be subject to the provisions of this law, so far as it is applicable to them, and to the extent that the said commissioner, annually, or oftener if necessary, make a thorough examination of their books, papers, and affairs, and see that the laws under which they are operating are being carefully observed; and in case he finds that such institutions are being improperly conducted he shall proceed against them after the manner specified in subdivision seven of sertion eighty-one of this chapter.


(House Bill No. 188.)

AV ACT to amend and re-enact sections five, six, seven, ten, twelve,

thirteen, fourteen, fifteen, seventeen, eighteen, nineteen, twenty, twenty-eight, twenty-nine, thirty, thirty-one, thirty-six, thirtyeight, forty-eight, forty-nine, fifty-two, fifty-three, fifty-seven, fifty-nine, sixty-four, sixty-five, sixty-seven, sixty-eight, seventyone, seventy-two, seventy-six, seventy-seven, seventy-eight, seventy-nine. eighty, eighty-one, eighty-six, one hundred and twentynine, one hundred and thirty and one hundred and thirty-two of chapter twenty-nine of the code of West Virginia as last amended and re-enacted by chapter four of the acts of one thousand nine hundred and four, and chapter thirty-five of the acts of one thousand nine hundred and five, relating to the assessment of taxes.

[Passed February 22, 19 07. In effect ninety days from passage. Approved

by the Governor February 22, 1907.)


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48. 49.) 52.




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nished clerks of city or town councils; also to

secretary of boards of education ; by whom; when and what to show; sucb statements to be taken as the proper valuation

property liable for taxation for municipal purposes; duty of clerks. Form of land books; town lots ;

tracts of land. Assessors to ascertain all persons

and personal property subject to

taxation; when. Duty of assessor and his assist

ants to see every person in his
county who
is liable to

taxation; assessor to collect capitation tax; his power to collect delinquent capitation tax; time for making settlements with the auditor and sheriff ; assessor to make report to county court; what to contain; duties of county court as to delinquent capitation tax; assessor's bond to be fixed by the county court; state tax commissioner to furnish all tickets, forms and blanks ; penalty if assessor fail

to turn over moneys. Property exempt from taxation. Capitation tax ;


shall be listed to pay. In what district personal property

to be listed. Valuation of credits and invest

ments; how estimated or rated

for taxation. What may be deducted ; duty of

assessor and his authority to administer oaths; penalty for

making false statements. Duty of assessor to list all per.

sonal property ; when to list

real and personal property. Forms of oath to be subscribed

and sworn to; penalty for re

fusing to verify list. Toll bridges and ferries; how as

sessed. Certain incorporated companies ;

how assessed; form of oath to be attached to statement; proviso as to real estate and value of personal property; duty of assessor after receiving verified

report. Banks and trust companies; how

assessed. Capital of merchants and other individuals


firms used in trade or business; how

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72, 76.





5. Reports of state tax commissioner.
6. Assessment district; one assessor

elected in each; when elected;
bis term of office ; qualification

of assessor; his place of office. 7. Assistant assessors; number to be

appointed ; qualification. 10.

Compensation to be paid assessor

and assistants; how fixed and

12. Assessments to have reference to

the first day of January ; to be
assessed at its true and actual
value; time annual assessments

are to be made.
13. Repealed.
14. Assessors to call upon all persons

liable to assessment; when; tax-
payers to furnish full and cor-
rect list of all property held by
them to assessor and when;

duty of assessor as to such list. 15. The assessor and assistants em

powered to administer oaths;
form of oath

to be

made by
property owners.
17. Assessors and assistants to hold

meetings ; at what time; for
what purpose ; notice to be
given; clerk of county court to

sit as advisory member.
18. Board of review and equalization ;

by whom appointed ; qualitica-
tion of board; compensation ;
term of office; removals ;
how made and filled;
oath of otlice; time and place
of meetings to be held ; duty of
board; assessors and assistants
to attend sessions of board ;
clerk of county court shall be
ex officio clerk of the board ;
his duty as clerk ; notice of
meetings to be published; exi
penses of publication to be paid
out of county treasury; tax-
payers given right to apply for

19. Tax commissioner to report mis-

conduct or neglect of duty of
certain officers; to whom; duty

of court; penalty.
20. State tax commissioner to furnish

forms, etc., to assessors; also to
give instructions ; penalty if as-
sessor fail to obey instruc-

28.) Duty of every circuit court and

municipal court as to judg-
ments and decrees respecting

lands; duty of clerk of county to

courts as to wills recorded in
his office devising. lands lying
in another county ; duty of au-

ditor as to land grants Issued
30, by the state.
31. County court clerks to furnish as-

sessor certified list of all trans-

of title to land in his
county, when and for what per-

iod; what such lists to contain. 30. Real estate purchased for the state to

be kept on the land books; duties of the auditor and officer whose duty it is to make

out the land bocks. 38. Certified statements

to be fur

&S. sessed; form of oath to be subseribed to; proviso as to value

of real estate. l'ersons or firms commencing bus

iness after the beginning of the

assessment year; their duties. In the case

of any bridge upon which a separate toll or fare is charged, such return shall

show, etc.
Relief against taxes erroneously

assessed, etc.
Time of assessment.
Inconsistent acts repealed.





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