31 county, district or municipal, who shall collect or receive, or 32 whose official duty it is or shall be to collect, receive or pay out any 33 money belonging to or which is or shall be for the use of the state 34 or of any county, district or municipal corporation, shall make an 35 annual account and settlement therefor on or before the thirtieth 36 day of June. 37 In making the settlement provided for in this section, the 38 sheriffs shall be allowed three months and until the first 39 day of April following the expiration of their terms in which to 40 make their settlements as of December thirty-one. Sec. 8. The sheriff, clerk of the county court, elerk of the 2 circuit court, (clerk of the criminal, common pleas or interme3 diate courts) on or before December first of each year, 4-6 shall file with the county court, or tribunal in lieu 7 thereof, a detailed statement of the probable amount necessary 8 to be expended for deputies, assistants, and other employees of 9-14 their respective offices in the following calendar year. 15 If any such officer shall fail to file the statement hereby required, 16 he shall be punishable by a fine of not less than fifty nor more 17 than one hundred dollars, or imprisonment in the county jail not 18 less than thirty days nor more than six months, or both, at the dis19 cretion of the court. The county court, or tribunal in lieu thereof, 20 shall, not later than fifteen days after the filing of said statement, 21 take up and consider the same and shall determine and fix an aggre22 gate sum to be expended for the period covered by said statement 23 for the compensation of all such deputies, assistants and other em24 ployees of said respective officers, which shall be reasonable and 25 proper regard being had to the amount of labor necessary to be 26 performed by those to receive the same, and enter upon its court 27 record, a finding of its action, provided the amount to be expended 28 for the office of clerk of the circuit court shall be fixed by the 29 concurrent jurisdiction of the county court or tribunal in lieu 30 thereof, and the judge or judges of the circuit, criminal, common 31 pleas or intermediate courts; provided, however, any taxpayer feel32 ing aggrieved at the allowance made by the county court to the 33 sheriff and any sheriff feeling that the business of his office cannot 34 be conducted properly by the maximum allowance by the county 35 court for office expenditures, or the number of deputies and their 36 salaries, shall be allowed the right of appeal to the circuit court of 37 such county for the purpose of determining the equity of such 38-39 maximum allowance. 40 The officers herein named shall appoint and employ such dep41 uties, assistants and other employees in the manner provided by 42 law as may be necessary for their respective offices and fix their 43 compensation, and shall file with the clerk of the county court or 44 other tribunal in lieu thereof, a statement in writing showing 45 such action and setting forth the name of each deputy, assistant. 46 and employee the time for which employed and the monthly com47 pensation; but the compensation for all deputies, assistants and 48 other employees shall not exceed in the aggregate for each office, the 49 amount so fixed for that office as hereinbefore provided. The com50 pensation of the sheriff, clerk of county court, clerk of the circuit 51 court (criminal, common pleas or intermediate courts), and 52 prosecuting attorney and the compensation of their deputies, as53 sistants and other employees, duly appointed or employed, after 54 being so fixed, shall be paid monthly in the manner provided by 55-56 law to those entitled to same out of the county 57-67 fund. The county court (or other tribunal in lieu thereof), after 68 filing of the statement provided for by this section, showing 69 names of the deputies, assistants and other employees, the time 70 for which employed and their compensation may, by order of rec71 ord, authorize and direct orders or drafts on the treasurer, paya72 ble out of the general county fund, to be drawn in favor of the 73 officer, his deputy, assistant, or employee named in such 74 statement, in payment of the monthly salary to which 75-77 such officer is entitled, and when such order has been entered of 78 record, the president and clerk of the county court (or other 79 tribunal in lieu thereof) shall be authorized to sign such 79-a orders and drafts, for the purposes aforesaid; provided, however, 80 that no orders shall be issued to the officer or deputy, assistant or 81 other employees until the officer has filed a detailed monthly state82 ment with the county treasurer and has filed with the county clerk 83 a duplicate copy thereof, together with a receipt from the county 84 treasurer, showing that he has paid into the county treasury all 85 fees, costs, percentages, commissions, allowances, compensation, in86 come and all other perquisites of whatever kind that have been col87 lected during said month, as shown by said statement. The offi88 cers herein named shall have authority to discharge any deputy, 89 assistant or other employee, by filing with the clerk of the county 90 court cr tribunal in lieu thereof, a statement in writing showing 91 such action. All statements required to be filed by this section, 92 shall be verified by the affidavit of the person making them, and 93 among other things contained in the affidavit shall be the state94 ment that the amounts shown therein were the amounts actually 95 paid or intended to be paid to the deputies, assistants, or other 96 employees; that no rebates, agreement, understanding and expec97 tation that any part thereof shall be repaid to him, and that noth98 ing has heretofore been paid or promised him on that account, and 99 that if he shall thereafter receive any money, or thing of value, on 100 account thereof, he will account for and pay the same to the coun101 ty. Until the staternents required by this section have beer. filed, 102 no allowances or payments shall be made to any officer for depu103 ties, assistants or other employees. 104 All acts or parts of acts in conflict herewith or inconsistent 105 herewith are hereby repealed. . CHAPTER 58. (House Bill No. 143-Mr. Cuppett.) AN ACT to authorize the creation of a commission for the purposeof reporting to the legislature on the question of compiling and keeping records of the enlistment and service of citizens of West Virginia in any branch of the naval or military forces of the United States or countries of the Allies during the world war or in any charitable, humane or relief organization connected with the operations of such forces, and of providing and erecting tablets, or memorial buildings as memorials to those of them who have died in such service or in any such organization. [Passed February 21, 1919. SEC. In effect ninety days from passage. Approved by the Governor February 22, 1919.] Commission; how appointed duties. Be it enacted by the Legislature of West Virginia: That, in order to render just tribute to citizens of West Virginia who have served in any branch of the naval or military forces of the United States or those of the Allies during the world war or in any charitable, humane or relief organization connected with the operations. of such forces, and to perpetuate the memory of those who have died in such service or in any such organization, whether on the field of battle or elsewhere, the governor of this state hereby is authorized, empowered and directed to select such number of representative citizens of West Virginia as he shall think advisable, who, with himself, shall constitute a commission for the purposes hereinafter declared. The members of such commission shall serve and discharge their duties without cost or charge to the state, and the governor shall be the chairman and have direction thereof. Said commission shall take under consideration and report in writing to the next session of the legislature on the following matters and things: What records should be compiled, kept and preserved in each county of the state of the enlistment and service of citizens of such county in any branch of the naval or military forces of the United States or those of the Allies during the world war or in any charitable, humane or relief organization connected with the operations of such forces. What tablets, monuments or memorial buildings have been or should be erected or provided in each county as a memorial to the citizens therefrom who have died in such service or in any such organization. What records have been or should be compiled, kept and preserved by the state of West Virginia of the enlistment and service of its citizens in any branch of such naval or military forces or in any such organization. What tablets, monuments or memorial buildings have been or should be erected or provided by the state of West Virginia as a memorial to its citizens who have died in such service or in any such organization. Said commission shall include in its report any and all matters and things which it may think pertinent to any of the foregoing inquiries. CHAPTER 59. (House Bill No. 34-Mr. McPherson.) AN ACT to amend and re-enact section three of chapter sixty of the code, as amended by chapter thirty-one of the acts of the legislature of West Virginia of the regular session of one thousand nine hundred and seventeen. [Passed February 21, 1919. In effect ninety days from passage. Approved by the Governor February 22, 1919.] SEC. SEC. right of way; misdemeanor on part of owner of animals when damage is incurred; penalty on conviction; rpealing acts or parts of acts inconsistent. Be it enacted by the Legislature of the State of West Virginia: That section three of chapter sixty of the code, as amended by chapter thirty-one of the acts of the legislature of the regular session of the year one thousand nine hundred and seventeen, be amended and re-enacted so as to read as follows: Section 3. If any horses, mules, ass, jennet, cattle, sheep, 2 hogs, goats shall enter into any grounds enclosed by a lawful 3 fence, the owner or manager of such animal shall be liable to the 4 owner of such grounds for any damage he may sustain thereby. 5 It shall be unlawful for any such animal to run at large on any 6 public road or highway or railroad right of way in this state and 7 should such stock while running at large destroy or injure the 8 property of another, the owner shall be guilty of a misdemeanor 9 and fined not less than five dollars and not more than ten dol10 lars, and shall pay to the party whose property shall have been 11 injured or destroyed, the amount of damages sustained by him by 12 reason of such destruction or injury. And the party so injured, 13 may, if he find such stock on his premises, retain them, or a suf14 ficient number thereof, until said damages and costs of keeping 15 be paid. 16 All acts or parts of acts in conflict herewith or inconsistent 17 herewith are hereby repealed. CHAPTER 60. (House Bill No. 171-Mr. Hackney.) AN ACT to amend and re-enact sections seventy-seven, seventy-eight, seventy-eight-a (7) and seventy-nine-a (1) of chapter fifty-four of Barnes' code of one thousand nine hundred and sixteen, and add to said chapter sections seventy-nine-a (7), seventy-nine-a (8), seventy-nine-a (9), seventy-nine-a (10), seventy-nine-a (11) and seventy-nine-a (12); all relating to banking. [Passed February 21, 1919. In effect ninety days from passage. Approved by the Governor February 22, 1919.] SEC. SEC. commissioner of banking; method of examination; power of commissioner to order keeping of books in such manner as to enable him to readily ascertain bank's true condition official communications of commissioner or assistants to a bank or officer thereof, relative to examination; to be submitted by recipient to board of directors. 79-a (1) Limit placed on loans; amortization of securities; loans to of ficers, directors, clerks and other employees. 79-a (7) Deposits by trustee for another in event of death of trus tee; to whom deposit shall be |