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Be it enacted by the Legislature of West Virginia:

Sec. 1. The board of education of the school district of Wheeling may from time to time incur such indebtedness as may be necessary to purchase such real property situated within the city of Wheeling and to construct such buildings for school purposes or library purposes as in its discretion shall be proper, and for the purpose of providing for any such indebtedness as may from time to time be incurred in the acquisition of such property or the construction of such buildings, the said board of education may issue and sell its bonds for such sum or sums as from time to time may be needed; any such bonds which may be issued as aforesaid shall bear interest at not more than five per centum per annum and shall not be sold by the said board of education at less than their par value; but no debt shall be contracted nor bonds issued under this act for any amount which shall increase the total indebtedness of the said board of education to an amount which shall be in excess of two per centum of the value of all of the taxable property within the city of Wheeling as such value is shown by the assessment for state and county taxes which shall have been made last previous to the incurring of such indebtedness or the selling of such bonds. It is further provided that no such indebtedness shall be incurred or bonds sold by the said board of education unless the said board shall at the same time provide for the collection of a direct annual tax sufficient to pay annually the interest on such indebtedness or on such bonds and also to pay the principal thereof within a specified period, which period shall not exceed thirty-four years from the incurring of such indebtedness and the sale and issue of such bonds. It is further provided that no such debt shall be incurred and no such bonds shall be issued or sold by the said board of education under the provisions of this statute unless all questions connected with the same shall have been first submitted to a vote of the people of the said city of Wheeling and shall have received three-fifths of all the votes cast for and against the same.

Sec. 2. Before proceeding to incur any such indebtedness or to sell any such bonds, the said board of education shall pass a resolution which shall specify particularly the property proposed to be acquired or the buildings proposed to be erected, or both, and the amount of the indebtedness which is to be incurred for such pur

poses and the amount represented by the bonds to be issued and shall also in such resolution specify the day on which an election shall be held in order that the vote of the citizens of the said city of Wheeling may be taken and the lay so fixed shall not be less than thirty days after the date of the passage of such resolution; so soon as such resolution shall have been passed the board of education shall cause copies of it to be published not less than once a week for four successive weeks prior to such election in one or more of the newspapers published in the said city of Wheeling. On the day fixed for such election by the said resolution, voting places, ballots, poll clerks and other necessary things shall be provided, such as are provided at the time of and in connection with the regular elections held for the election of members of the board of education aforesaid, and such things shall be provided in every one of the districts of the county of Ohio which are within the corporate limits of the city of Wheeling, and such election shall be conducted and the results thereof ascertained under and in conformity with the provisions of the law relating to the election of the members of the said board of education, so that all of the citizens of the said city of Wheeling shall have the opportunity to vote in the usual and ordinary way, and so that the votes which may be cast for and those which may be cast against the course proposed in such resolution may be definitely ascertained, and the expenses incident to such election shall be paid by the board of education.

Sec. 3. So soon as any such deht shall have incurred or any such bonds shall have been issued and sold, the said board of education of the school district of Wheeling shall provide for the asSessment of an annual tax which shall be sufficient in amount to pay off and discharge such debt or such bonds and the interest thereon within a period which shall not exceed thirty-four years from the time when such debt shall have been incurred or such bonds shall have been issued and sold, and the said annual tax which shall be so provided for shall be in addition to the other taxes levied by the said board of education for the payment of other previously incurred indebtedness and for the payment of the other expenses incident to its work.

CHAPTER 8.

(House Bill No. 5.)

AN ACT to repeal the act incorporating Adelphi Lodge No. 8 of

the Independent Order of Odd Fellows in the town of Clarksburg, as passed by the general assembly of Virginia, April seventh, one thousand eight hundred and fifty-eight, together with the amendment and re-enactment of the same by the acts of one thousand eight hundred and sixty-six of the legislature of West Virginia, together also with the amendment and re-enactment of the same by the acts of one thousand eight hundred and ninety-one of the legislature of West Virginia, and all acts or parts of acts relating to said incorporation of Adelphi Lodge No. 8, and also providing for the transfer of the right, title and interest to all property, both real and personal, now held by said lodge upon its re-incorporation under the provisions of chapter fifty-five of the code of West Virginia, to said lodge as re-incorporated.

[Passed February 25, 1907. In effect ninety days from passage.

Governor, March 1, 1907.)

Approred by the

SEC.

SEC. 1.

2.

Previous acts relating to Adelphi

Lodge No. 8, I. 0. 0. F., re-
pealed.

Title to property held by lodge to be transferred; duty of

trus tees.

Be it enacted by the Legislature of West Virginia:

Sec. 1. That the act incorporating Adelphi Lodge No. 8 of the Independent Order of Odd Fellows of Clarksburg, passed by the general assembly of Virginia, April seventh, one thousand eight hundred and fifty-eight, together with the amendment and re-enactment of the same by the legislature of West Virginia by the acts of one thousand eight hundred and sixty-six, together also with the amendinent and re-enactment of the same by the acts of one thousand eight hundred and ninety-one of the legislature of West Virginia and all other acts or parts of acts relating to the incorporation of Adelphi Lodge No. 8, of the Independent Order of Odd Fellows of Clarksburg, be and the same are hereby repealed.

Sec. 2. And that as it is contemplated to re-incorporate said lodge by the same name under chapter fifty-five of the code of West Virginia, the title to all property, real and personal, now held by said lodge shall at once, upon its re-incorporation under said code

chapter, be transferred to and vested in said lodge as so re-incorporated. And the trustees of said lodge now holding title to the said property shall by proper conveyance, duly acknowledge, convey and transfer all right, title and interest vested in them as such trustees to such property to the said corporation when it shall have been re-incorporated.

CHAPTER 9.

(Senate Bill No. 1.)

AN ACT to amend and re-enact chapter thirty-nine of the acts of

West Virginia legislature of one thousand nine hundred and five, constituting the auditor of this state the attorney in fact for all foreign and non-resident domestic corporations and prescribing his duties as such, and requiring him to pay into the state treasury the revenues therefrom.

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Be it enacted by the Legislature of West Virginia:

That chapter thirty-nine, acts of the West Virginia legislature of one thousand nine hundred and five, be amended and re-enacted so as to read as follows:

Sec. 1. The auditor of this state shall be, and he is hereby constituted the attorney in fact for and on behalf of every foreign corporation doing business in this state and of every non-resident domestic corporation, except that the terms of this act shall not apply to any such corporation which owed the state any license tax on its charter, or on its certificate of authority, as the case may be, on the twenty-third day of May, one thousand nine hundred and five, and has continued to owe such tax since that time, but shall apply to any such corporation when it has been officially or judi. cially reinstated to its charter rights and franchises or authority to do business in this state; the provisions of this act shall not apply to any foreign corporation which has not been duly authorized to hold property and transact business within the state. Every such foreign and non-resident corporation shall, by power of attorney duly executed, acknowledged and filed in the auditor's office of this state, appoint said auditor and his successors in office, attorney in fact to accept service of process and notice in this state for such corporation, and by the same instrument it shall declare its consent that service of any process or notice in this state on said attorney in fact, or his acceptance thereof endorsed thereon shall be equivalent for all purposes to, and shall be and constitute due and legal service upon said corporation.

Sec. 2. Such foreign or non-resident domestic corporation shall at the time of taking out its charter, or procuring its authority to do business in this state, and as a condition to obtaining such charter or procuring such authority as the case may be, pay to the secretary of state, for the services of the auditor as its attorney in fact, ten dollars for the then current year ending on the thirtieth day of April next ensuing; but if the certificate of incorporation or authority be issued after the last day of July, the secretary of state shall assess and collect one dollar for each month, or fractional part of a month, to ensue before the first day of the next day; and on or before this said first day of May, for each year, such corporation shall pay to the auditor the like sum of ten dollars for his services as such attorney; provided, that if the certificate of incorporation or authority be issued in the month of March or April, the secretary of state shall assess and collect the sum of one dollar for each month, and shall in addition thereto and at the same time, assess and collect the full fee of ten dollars for the year beginning with the first day of the ensuing May; all fees collected by the secretary of state under the provisions of this act shall be included in his monthly report to the auditor, required by section ninety-two of chapter thirty-two of the code of one thousand eight hundred and ninety-nine, as amended by section forty, of chapter thirty-five of the acts of one thousand nine hundred and one; and all such corporations as have heretofore taken out charters, or procured authority to do business in this state, shall for the fiscal

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