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year commencing on the first day of May, one thousand nine hundred and seven, pay the sum of ten dollars to the auditor as the fee for such attorney to receive service of process and annually thereafter a like sum; all money's received by the auditor under this chapter shall belong to the state, and be by him immediately paid into the state treasury. The auditor shall keep in a well bound book in his office, a true and accurate account of all moneys so received and paid over to him.
Sec. 3. The post office address of such corporation shall be filed with the power of attorney, and there shall be filed with the auditor from time to time statements of any change of address of said corporation. Immediately after being served with, or accepting any such process or notice, the auditor shall make and file with said power of attorney a copy of such process or notice, with a note thereon indorsed of the time of service, or acceptance, as the case may be and transmit such process or notice by registered mail to such corporation at the address last furnished as aforesaid. But no such process or notice shall be served on the auditor or cepted by him less than ten days before the return thereof. Sec. t. In addition to the auditor, any such company may desig
. nate any other person in this state as its attorney in fact, upon whom service of process or notice may be made or who may accept such service; and when such local attorney is appointed, process in any suit or proceeding may be served on him to the same effect as if the same were served on the auditor. The provisions of this act shall not be construed to apply to building and loan associations, mentioned under sub-section five of chapter forty-five, acts of one thousand nine hundred and five.
Sec. 5. Failure to pay the attorney's fee as hereinbefore required shall have all the force and effect and subject corporations to the same penalties and forfeitures, as are or may be prescribed by law for failure to pay the license tax required to be paid by such corporations.
Sec. 6. Any corporation failing to comply with the provisions of this act in so far as it relates to the appointment of the auditor as its statutory attorney, within ninety days from its incorporation or from procuring authority to do business in this state as the case may be, shall forfeit one hundred dollars as a penalty for such failure and upon a failure to pay such penalty the charter of such corporation shall thereby be forfeited and be void.
Sec. ģ. All acts and parts of acts inconsistent herewith are hereby repealed.
(Senate Bill No. 2.)
AX ACT to amend and re-enact section twenty-four of chapter
fifty-four of the code of one thousand eight hundred and ninetynine, concerning an attorney in fact.
Be it enacted by the Legislature of West l'irginia:
That section twenty-four of the code of one thousand eight hundred and ninety-nine be amended and re-enacted so as to read as tollows:
Sec. 27. Every resident domestic corporation, unless otherwin specifically and expressly provided, shall, within thirty days after its first election of officers, by power of attorney duly executed, appoint some person residing in the county in this state wherein its business is conducted, to accept service on behalf of said corporation, and upon whom service may be had of any process or notice; the said power of attorney shall be recorded in the office of the clerk of the county court of the county in which the attorney resides, and filed and recorded in the office of the secretary of state. and the admission to record of such power of attorney shall be deemed evidence of compliance with the requirements of this scetion; any corporation failing to comply with said requirements within twelve months from the date of its incorporation, shall by reason of such failure, forfeit its charter to the state, and the provisions of section one hundred and thirty-six of chapter thirtysix, acts of the legislature of one thousand nine hundred and five shall apply thereto.
All arts and parts of acts inconsistent herewith are hereby ra peale.
(Senate Bill No. 18.)
AN ACT to provide for the appointment of a state board of ex
aminers, and for the examination and registration of nurses.
Be it enacted by the Legislature of West Virginia:
Sec. 1. Upon the taking effect of this act, the governor within sixty days shall appoint a board of examiners to be composed of five members, two of whom may be women; one of these members shall be designated by the governor to hold office one year, two for two years and two for three years; and hereafter, upon the expiration of the term of office of the person or persons so appointed, the governor shall appoint a successor or successors to hold office for three years. All vacancies occurring in the board shall be filled by the governor.
Sec. 2. And be it further enacted: that the members of this state board of examiners shall as soon as organized, and annually thereafter in the month of June, elect from their members a president, and a secretary, who shall be the treasurer; three members of this board shall constitute a quorum, and special meetings of the board shall be called by the secretary upon written request of any two members; the said board of examiners is authorized to frame such by-laws as may be necessary to govern its proceedings, and said board shall make a biennial report of all its receipts and disbursements to the governor for transmission to the legislature; the secretary shall be required to keep a record of all meetings of the board, including a register of the names of all nurses duly registered under this act, which shall at all reasonable times be open to public scrutiny, and the board shall cause the prosecution of all persons violating any of the provisions of this act, and may incur necessary expenses on this behalf; the secretary shall receive a salary, to be fixed by the board, not to exceed one hundred ($100.00) dollars per annum, also traveling and other expenses necessarily incurred in the discharge of her official duties; the other members of the board shall receive four dollars ($4.00) for each day actually engaged in this service, and all legitimate and necessary expenses; said expenses and salaries shall be paid from fees received by the board under the provisions of this act, and no part of salaries or other expenses of the board shall be paid out of the state treasury; all money received in excess of said allowance and other expenses provided for shall be held by the treasurer for meeting the expenses of the said board, and the cost of annual report of the board.
Sec. 3. That after January first, one thousand nine hundred and eight, it shall be the duty of said board of examiners to meet at some convenient point within the state not less frequently than once a year, notice of which meeting shall be given to the public press and in one nursing journal one month previous to the meeting; at this meeting it shall be their duty to examine all applicants for registration under this act; to determine their fitness and abil. ity to give efficient care to the sick. Upon filing application for examination and registration each applicant shall deposit a fee of five dollars ($5.00).
Sec. 4. That the applicant shall furnish satisfactory evidence that he or she is twenty-one (21) years of age, of good moral character, has received the equivalent of a high school education and has graduated from a training school connected with a general hospital where two years of continuous residence training, with a systematic course of instruction is given.
Sec. 5 That all nurses possessing the above qualifications or furnishing satisfactory evidence that applicant has an equivalent to a high school education and has been continuously and successfully engaged in general nursing for ten years; (these facts certified to by three reputable physicians shall be deemed satisfactory evidence,) shall be permitted to register before January first, one thousand nine hundred and eight, without examination, upon payment of
, registration fee. And all nurses, having been continuously and successfully engaged in nursing for five years, and who maintain the proper standard, shall, upon passing an examination, be entitled to registration; provided such application be made before January first, one thousand nine hundred and eight. Graduates of training schools in connection with special hospitals giving a two years course, who shall obtain one year's additional training in an approved general hospital, shall be eligible for registration without examination before June first, one thousand nine hundred and seven ; or said graduates from special hospitals shall be eligible for registration prior to said date, upon passing special examination before the board of examiners in subjects not adequately taught in the training schools from which they have been graduated; and it shall be unlawful after the expiration of that time for any person to practice professional nursing as a registered nurse without a certificate in this state. A nurse who has received his or her certificate according to the provisions of this act shall be styled and known as a "Registered Nurse." No other person shall assume such a title or use the abbreviation “R. N.” or any other letters or figures to indicate that he or she is a registered nurse.
Sec. 6. That this act shall not be construed to affect or apply to the gratuitous nursing of the sick by friends or members of the family; and also it shall not apply to any person nursing the sick for hire, but who does not in any way assume to be a registered nurse.
Sec. 7. That any person violating any of the provisions of this act, or who shall wilfully make any false representations to the board of examiners in applying for a certificate, shall be guilty of a misdemeanor, and, upon conviction, be punished by a fine of not more than five hundred dollars ($500.00).
Sec. 8. That the state board of examiners of graduate nurses may revoke any certificate for sufficient cause; but before this is done the holder of said certificate shall have thirty days' notice, and after a full and fair hearing of the charge, by a majority vote of the whole board, the certificate can be revoked.