14 lars and fifty cents out of the state treasury, that for each day 15 he shall not actually attend at the court house he shall receive 16 nothing, and shall be allowed mileage but once during the term. 17 There shall be taxed in the costs against any person against 18 whom a judgment or the verdict of a jury may be rendered in 19 a case of misdemeanor, and against any person against whom 20 judgment on the verdict of a jury may be rendered in a civil ac21 tion, and against any person on whose motion the verdict of a 22 jury is set aside and a new trial granted, eight dollars for jury 23 costs, which when collected from the party, shall be paid into 24 the county treasury. All money so received by the clerk shall 25 be forthwith paid by him to the sheriff, and the clerk and his 26 surety shall be liable therefor on his official bond, as for other 27 money coming into his hands by virtue of his office. 28 The clerk of the circuit court of each county in this state shall 29 annually certify to the county court a list of all money so paid 30 to him, and by him paid to the sheriff, and in addition thereto, a 31 correct list of all the cases, in which jury fees have been taxed, 32 and are, at the time, properly due and payable in the county 33 treasury, and the sheriff of the county shall be held to account 34 in his annual settlement for all such moneys collected by him. CHAPTER 68 (House Bill No. 2-Mr. McClintic, of Kanawha.) AN ACT to amend and re-enact section twenty-three of chapter seventy-two of the acts of the legislature of one thousand nine hundred and fifteen, now section twenty-three of chapter one hundred and thirty-one of Barnes' edition of the code of one thousand nine hundred and eighteen. [Passed April 15, 1921. In effect ninety days from passage. Approved by the Governor April 25, 1921.] SEC. 23. Instructions to juries; party pray- part of record; inconsistent acts repealed. Be it enacted by the Legislature of West Virginia: That section twenty-three of chapter seventy-two of the acts of the legislature for one thousand nine hundred and fifteen, now section twenty-three of chapter one hundred and thirty-one of Barnes' edition of the code for one thousand nine hundred and eighteen, be amended and re-enacted to read as follows: Section 23. All instructions shall be read by the court to the jury 2 as the action and ruling of the court without reference to or dis3 closing, the party by whom they may have been prayed. Every 4 instruction or charge when read to the jury shall, with the objec5 tions or exceptions thereto, indorsed thereon, become a part of the 6 record in the case and shall be included and copied in any transcript 7 of the record without the formality of a bill of exceptions. 8 All acts or parts of acts inconsistent herewith are hereby re9 pealed. CHAPTER 69 (Senate Bill No. 14-Mr. Sanders.) AN ACT to amend and re-enact section twenty-one of chapter one hundred and sixteen of the code of West Virginia, relating to juries, and to when and how juries may be summoned from another county in criminal cases. [Passed March 23, 1921. In effect from passage. March 29, 1921.] Approved by the Governor may be drawn from other county; order for; how venire facias issued; per diem and mileage of jurors. Be it enacted by the Legislature of West Virginia: That section twenty-one of chapter one hundred and sixteen of the code of West Virginia, relating to juries, and to when and how juries. may be summoned from another county in criminal cases, be amended and re-enacted so as to read as follows: Section 21. Any court may allow a special jury in any civil 2 case, upon motion of all the parties thereto, to be formed in the 3 following manner, viz.: The court shall direct a panel of twenty 4 jurors to be drawn by the clerk, in presence of the court, from 5 the box mentioned in section five of this chapter, who shall be 6 summoned by the sheriff to attend on the day named in the order, 7 and from which number sixteen shall be chosen by lot; and the S parties thereupon, beginning with the plaintiff's attorney, shall 9 alternately strike off one until the number be reduced to twelve; 10 which number shall complete the jury for the trial of the case. 11 The court may also allow a special jury in any civil case when the 12 panel of drawn jurors is exhausted, upon the motion of either of 13 the parties, to be summoned by the sheriff so far as may be required 14 from the body of the county; but no such special jury shall be 15 allowed in any case unless the court certifies of record that the 16 interests of the parties so asking such jury, will be promoted by 17 the allowance of such special jury. 18 And in any criminal case in any court, if, in the opinion of the 19 court, or the judge thereof in vacation, qualified jurors, not exempt 20 from serving, cannot be conveniently found in the county in which 21 the trial is to be, the court, or the judge thereof in vacation, shall 22 enter an order of record to such effect, and may cause so many of 23 such jurors, as may be necessary, to be summoned from any other 24 county. In said order the court, or the judge thereof in vacation, 25 shall fix a day on which such jurors shall be required to attend, 26 and in such order shall be indicated the county from which such 27 jurors shall be drawn, and the number of such jurors to be drawn. 28 An attested copy of such order shall be certified to the circuit court 29 of the county designated, or the judge thereof in vacation, and 30 thereupon such circuit court or the judge thereof in vacation, shall, 31 by order, direct that a jury be drawn, in the manner provided by 32 law for the drawing of petit jurors in his county, and proceed33 ings respecting the drawing of such jurors, including the names 34 of the jurors so drawn, shall be certified by the clerk of the circuit 35 court of the county designated to the clerk of the court wherein the 36 trial is to be. Thereupon, writ of venire facias shall be issued by 37 the clerk of the court wherein the trial is to be, directed to the 38 sheriff of the county wherein such jurors have been drawn, com39 manding him to summon the jurors so drawn to attend for jury 40 service in the county wherein the trial is to be upon the day named 41 in the writ. Said jurors shall attend for the purpose of the trial, 42 and the jury shall be selected in the manner provided by law. 43 For their service, the jurors so drawn shall be paid the per diem 44 and mileage out of the same funds that the jurors of the county 45 wherein the trial is to be, are paid. CHAPTER 70 (Senate Bill No. 52-Mr. Hager.) AN ACT to amend and re-enact section ten of chapter thirty-two-a of Barnes' code of one thousand nine hundred and sixteen, relating to bonds and recognizances. [Passed April 29, 1921. In effect ninety days from passage. without the approval of the Governor.] Became a law of commissioner to compromise; when surety owner of real estate to furnish certified statement of county clerk; affidavit of surety as to other bonds and recognizances on which he is surety; disqualification of surety. Be it enacted by the Legislature of West Virginia: That section ten of chapter thirty-two-a of Barnes' code of one thousand nine hundred and sixteen, be amended and re-enacted so as to read as follows: Section 10. If, upon examination of such person, it shall appear 2 to such justice, court, judge or mayor, that there is probable 3 cause to believe him guilty of the offense charged, the accused 4 shall be required to enter into a recognizance, with sufficient 5 securities, in the sum of not less than five hundred dollars, to 6 appear before the next term of the circuit or criminal or inter7 mediate court of the county having jurisdiction, to answer an 8 indictment if one be preferred against him; and upon his failure 9 to enter into such recognizance, the justice, court, judge or mayor 10 shall commit him to jail to answer such indictment. All material 11 witnesses shall also be recognized, with or without sureties, as 12 such justice, court, judge or mayor may deem proper, to appear 13 before the grand jury at the next term of such court and give 14 evidence against the accused, and such justice, court, judge or 15 mayor shall require the accused to give bond with sufficient 16 security in the sum of five hundred dollars conditioned that he 17 will not violate any of the provisions of this act during the time 18 intervening between the date of such bond and the adjournment 19 of the next grand jury term of said circuit or criminal or inter20 mediate court of the county; and upon his failure to give such 21 bond, the justice, court, judge or mayor shall commit him to jail 22 until such bond is given or until he is discharged therefrom by the 23 circuit or intermediate court of the county. 24 In addition to any remedy now provided by law for 25 the enforcement of any penalty incurred by the fail26 ure of any person to fulfil the condition of any bond 27 or recognizance recognizance entered into under the provisions of 28 this act, the commissioner shall have authority to en29 force any such penalty in the circuit court of any county 30 having jurisdiction by any action or proceedings now provided. 31 by law for the enforcement of the penalty of any bond or recog32 nizance, and in addition thereto the commissioner shall have 33 authority to enforce in the name of the state of West Virginia 34 the penalty of any bond or recognizance taken or entered into in 35 any court or before a justice of the peace under the provisions 36 of this act, by motion in the circuit court of the county having 37 jurisdiction of which motion the parties affected shall have 38 twenty days notice. Either party shall have the right to have the 39 issue tried by a jury of which the state, as well as the defendant, 40 shall have the right to appeal. The notice of motion served upon 41 the party or parties liable to the payment of any penalty incurred 42 under this act by reason of the failure to perform the conditions 43 of any bond or recognizance shall set out the facts constituting 44 such failure, and such notice when filed in the circuit court of any 45 county having jurisdiction, properly sworn to by the commis46 sioner, shall constitute a prima facie case that the parties against 47 whom the proceeding is had incurred the penalty as alleged in 48 said notice, provided, however, that anyone liable for such penalty 49 shall be permitted to prove by competent evidence that there is 50 no liability upon him. Proceedings under this act shall not be 51 governed by technical rules of pleading and evidence but the court 52 before whom the same are pending shall determine all questions of 53 law involved in such proceedings according to the very rights of the 54 parties. The commissioner shall have authority to employ such 55 counsel as he may deem necessary for the purpose of enforcing 56 the provisions of this act, the compensation of such counsel to 57 be paid from the amounts collected and shall be fixed by the 58 commissioner, the remainder of any amount collected after the 59 payment of any compensation allowed by the commissioner for 60 making the collection, shall be paid into the state treasurer and 61 credited to the proper funds. The commissioner shall also have 62 authority, within his discretion, to settle by compromise any pro63 ceedings brought under the provisions of this section. 64 Before any court shall accept any person as surety upon any 65 bond or recognizance under the provisions of this act, such surety 66 shall furnish a certified statement from the clerk of the county 67 court of the county in which such surety owns real estate showing 68 the amount, location and assessed value of his real estate, and 69 shall also file an affidavit, the form of which may be prescribed by 70 the commissioner showing the bonds and recognizances upon which |