CHAPTER 48. (House Bill No. 281-Mr. Mollohan.) AN ACT amending and re-enacting chapter ninety-two of the acts of the regular session of the legislature of one thousand nine hundred and seventeen and section twenty-four of chapter one hundred and twelve-a of the code of West Virginia, one thousand nine hundred and sixteen, fixing the number of terms and time for holding the circuit court in each of the counties composing the twenty-first circuit of the state. [Passed February 21, 1919. In effect ninety days from passage. Governor February 22, 1919.] Approved by the ginnings of such terms; repealing inconsistent acts and parts of acts. Be it enacted by the Legislature of West Virginia: That chapter ninety-two of the acts of the regular session of the legislature of one thousand nine hundred and seventeen and section twenty-four of chapter one hundred and twelve-a of the code of West Virginia, one thousand nine hundred and sixteen, be amended and re-enacted so as to read as follows: Section 24. That there shall be held in each year at least 2 three terms of the circuit court in and for the county of Braxton 3 in said judicial circuit so created, and that there shall be held 4 in each year at least four terms of the circuit court in and for the 5 county of Nicholas in said judicial circuit so created, and the 6 terms of the circuit court of the counties of Braxton and Nicholas 7 in said judicial circuit shall commence and be held as follows: 8 For the county of Braxton on the third Monday in March, 9 the second Monday in July and the third Monday in November. 10 For the county of Nicholas on the third Monday in January, 11 on the second Monday in April, on the third Monday in August, 12 and the third Monday in October. 13 All acts and parts of acts inconsistent herewith are hereby 14 repealed. CHAPTER 49. (House Bill No. 85-Mr. McClaren.) AN ACT to authorize the county court of any county to acquire by purchase or otherwise a suitable site and to erect, equip and main tain thereon, a building or buildings, or other structure or structures, in memory and in recognition of the services in the world war of the soldiers and sailors from the county in which such memorial may be located, and to lay levies therefor. [Passed February 20, 1919. In effect ninety days from passage. Approved by the Governor February 21, 1919.] Be it enacted by e Legislature of West Virginia: Section 1. The county court of any county shall have the 2 power upon the petition of twenty per cent. of the voters of said 3 county, based on the number of votes cast at the last general elec4 tion, to acquire and to establish at the county seat, or adjacent 5 thereto, by purchase or otherwise, ground, park or grove and to 6 erect and to maintain thereon a building or buildings, structure 7 or structures, monument or monuments, as a memorial in memory 8 of and in recognition of the virtues and sacrifices of the soldiers. 9 and sailors from the county in the world war, and may lay a tax for 10 the purpose of acquiring and establishing the same of not more. 11 than five cents on the one hundred dollars, on all taxable property 12 in the county, and thereafter a like tax of not more than two 13 cents on the one hundred dollars, such tax to be levied and collected 14 in like manner as the general taxes of the county, which shall be 15 kept separate in a fund to be known as the "memorial fund." Sec. 2. Whenever such memorial is established under this 2 act, the county court shall appoint a board of directors equal in 3 number to the magisterial districts of the county and select one. 4 from each of such districts from the citizens thereof, with reference 5 to their fitness for such office. Such directors shall hold office for 6 four years from the first day of July following their appointment, 7 and until their successors are appointed. No person shall be in8 eligible to appointment by reason of sex. Vacancies in the board 9 shall be reported to the county court and filled by appointment in 10 like manner as original appointments for the unexpired term. 11 The county court may remove any director for misconduct or neg12 lect of duty. No compensation shall be paid or allowed any di13 rector. Sec. 3. The board of directors of each memorial establish2 ed under this act shall, immediately after their appointment, meet 3 and organize by electing one of their number as president and one 4 as secretary; a majority of all the members of any board shall con5 stitute a quorum for the transaction of business. They shall make 6 and adopt such by-laws, rules and regulations from time to time 7 for their own guidance and for the government and use of the 8 memorial, as may be expedient and not inconsistent with this act. 9 Said board shall have authority to contract for the construction or 10 purchase of a memorial established under this act and for repairs 11 thereon or maintenance thereof and the supervision, care and cus12 tody of the ground, structure or structures; provided, however, that 13 all contracts shall be approved by the county court and that the ex14 penditures of all funds shall be subject to the approval of the coun15 ty court, and all moneys belonging to the memorial fund shall be 16 deposited in the treasury of such county to the credit of the mem17 orial fund and shall be drawn therefrom on orders issued by the 18 county court. Said orders shall not be drawn except upon requis19 tion of the memorial board attached to proper authenticated vouch20 ers. 21 Ground, park or a grove for a memorial established under this 22 act may be acquired by condemnation by said board in the same 23 manner as the county court may acquire other real estate for public 24 uses and purposes, and the title of all such property shall be and 25 vest in the county court. The said board shall have power to ap26 point a suitable custodian and assistants and prescribe rules for 27 their conduct; fix their duties and compensation, and shall have 28 power to remove such appointees and, in general, to carry out the 29 spirit and intention of this act. Sec. 4. Each memorial established under this act, shall be 2 free for the use of the inhabitants of the county, subject to such 3 reasonable rules and regulations as the board may adopt, in order 4 to render the use of such building or structure of the greatest ben5 efit to the greatest number; and the said board may exclude from 6 the use of the building any and all persons who shall willfully vio7 late such rules. The board of directors may extend the use and pri 8 vileges of the building and structure to non-residents of the coun9 ty upon such terms and conditions as said board may prescribe. Sec. 5. The board of directors shall on or before the first 2 day of July in each year, make report to the county court, stat3 ing the condition of the property, the various sums of money re4 ceived from the memorial fund, and from all other sources, how 5 much money was expended and for what expended; also an item6 ized budget estimate of expense of the property for the ensuing 7 year, with such other information and suggestions as they deem of 8 general interest, or that may be required by the county court. Sec. 6. Any person or. persons, including corporations, who 2 desire to make donations of cash or other personal property, or 3 real estate for the benefit of the memorial, shall have the right to 4 do so, and shall have the right to vest the title thereof in the coun5 ty court, to be held in trust and controlled by such board, the same as the other property owned or acquired, and according to the 7 terms and for the purposes set out in the deed, gift, devise or be8 quest. 6 Sec. 7. Any one who shall willfully deface or injure such 2 building or property, shall be guilty of a misdemeanor, and on con3 viction thereof shall be punished by a fine of not less than ten dol4 lars nor more than one hundred dollars or by imprisonment not ex5 ceeding twelve months, or both. The fine in each case shall be paid 6 to the proper officer of the memorial fund, to be used as other 7 money paid into its treasury. CHAPTER 50. (House Bill No. 296-Mr. Nutter.) AN ACT fixing the salary of the assistant prosecuting attorney of Kanawha county, West Virginia. [Passed February 21, 1919. In effect ninety days from passage. Approved by the Governor February 22, 1919.] SEC. 1. Annual salary of the assistant SEC. 2. Repealing all acts or parts of acts inconsistent. Be it enacted by the Legislature of West Virginia: Section 1. That from and after the first day of April, one 2 thousand nine hundred and nineteen, the assistant prosecuting 3 attorney of Kanawha county, West Virginia, shall receive an 4 annual salary, to be fixed by the county court of said county not 5 to exceed the sum of $3,000, to be paid out of the county treasury. Sec. 2. All acts and parts of acts inconsistent herewith 2 are hereby repealed. CHAPTER 51. (House Bill No. 257-Mr. Hall) AN ACT fixing the annual allowance to the clerk of the county court of Wetzel county, West Virginia. [Passed February 21, 1919. In effect from passage. SEC. February 22, 1919.] SEC. Approved by the Governor 1. Salary of clerk of the county court 2. Repealing acts and parts of acts of Wetzel county; when salary inconsistent. shall begin and end. Be it enacted by the Legislature of West Virginia: Section 1. The county court of Wetzel county, West Virginia 2 shall annually allow the clerk of the county court of said county 3 the sum of not less than six hundred dollars nor more than one 4 thousand dollars for his services for which no other fee or re5 ward is allowed by law. Said salary to begin on the first day 6 of January, one thousand nine hundred and nineteen and end on 7 December thirty-first, one thousand nine hundred and twenty, 8 and this act of said clerks now on the statute book to begin Jan9 uary first, one thousand nine hundred and twenty-one. 10 All acts or parts of acts in conflict herewith are hereby re11 pealed. CHAPTER 52. (House Bill No. 132-Mr. McClintic.) AN ACT to amend and re-enact sections nineteen, twenty-six, thirtyone, forty, forty-four, forty-seven and fifty-a of chapter sixtytwo of Barnes' code of West Virginia, being section forty of chapter sixty of the acts of one thousand nine hundred and nine, and sections nineteen, twenty-five, twenty-six, thirty-one, fortyfour, forty-seven and fifty-a of chapter fourteen of the acts of one thousand nine hundred and fifteen of the legislature of West Virginia, all relating to the protection and preservation of certain animals, birds and fishes, forest and streams. |