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[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.The foregoing act takes effect from its passage, twothirds of all the members elected to each house, by a vote taken by yeas and nays, having so directed.]

Code amended.

Clerk to issue certificate of

what to be

How made.

(House Bill No. 87.)

CHAPTER 26.

AN ACT to amend and re-enact section four of chapter fifty-five of the code of West Virginia, concerning lodge charters, etc.

[Passed February 22, 1895.]

Be it enacted by the Legislature of West Virginia:

That section four of chapter fifty-five of the code be amended and re-enacted so as to read as follows:

4. The clerk shall thereupon issue to the corporators incorporation; a certificate under the seal of his office, stating distinctstated therein. ly the names of the corporators and name as well as the object and purposes of the corporation; and it shall be lawful for any corporation created under and by the Amendments. provisions of this chapter to cause an amendment and modification of the powers and purposes of such corporation to be made, not inconsistent with the purposes and objects of the original charter, which shall be done by the adoption of a resolution by the members of said corporation at any regular meeting of the members of such corporation, and which shall be certified, under the 'seal of the corporation and the signature of the president and secretary, to the clerk of the county court wherein such corporation received its original certificate of incorporation, and such resolution shall be filed, preserved and duly recorded, as is provided for agreements to become corporations, under the provisions of section three Clerk to issue of this chapter, and thereupon the clerk shall issue to the corporation a certificate under the seal of his office. setting forth distinctly the resolution so adopted and certified by the corporation, which shall thereupon become a part of its certificate of incorporation as fully as though incorporated therein; and all amendments or modification of certificates of incorporation issued under

a certificate

thereof; what to contain.

his chapter, heretofore had or procured by such corporations, by the adoption of a new agreement in the original name of such corporation, and intended solely as amendments and modifications of such certificate and not intended to create a new corporation, are hereby amendments legalized and made as valid as though made in manner and form as provided in this section.

WILLIAM SEYMOUR EDWARDS,

Speaker of the House of Delegates.

WM. G. WORLEY,

President of the Senate.

STATE OF WEST VIRGINIA,
OFFICE OF SECRETARY OF STATE,

February 28, 1895.

I certify that the foregoing act, having been presented to the governor for his approval, and not having been returned by him to the house of the legislature in which it originated within the time prescribed by the Constitution of this State, has become a law without his approval.

W. E. CHILTON,
Secretary of State.

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES. The foregoing act takes effect at the expiration of ninety days after its passage.]

Certain

legalized.

(House Bill No. 109.)

CHAPTER 27.

AN ACT to amend and re-enact section eighty-nine of chapter twenty-nine of the code of West Virginia.

[Passed February 21, 1895.]

Be it enacted by the Legislature of West Virginia:

That section eighty-nine of chapter twenty-nine of the code be amended and re-enacted so as to read as follows:

Code amended.

89. Every assessor shall be entitled to receive in con- Assessors: sideration of his services, to be paid out of the county of.

compensation

treasury, as other claims against the county are paid, such reasonable compensation as the county court shall determine, not less than two hundred nor more than three hundred and fifty dollars per annum, and in addition thereto shall be allowed a commission of three per centum on the amount of State and State school taxes assessed by him on the personal property of his county, or assessment district, which allowance shall be in addition to the fees allowed in section eighty-seven of this chapter, and shall be in full for all services performed under the provisions of this chapter, including the extension of the levies for State, free school, county and district purposes. There may be allowed in Ohio county, to be paid out of the county treasury, to the assessors of such county, such further sums respectively as to the board of commissioners of said county may seem just; and to each assessor in Kanawha county, such sum, not exceeding nine hundred dollars, as to the county court of said county may seem just; and to each assessor in Fayette county such sum, not exceeding eight hundred dollars, as to the said county court of said county may seem just; and to each assessor in the Harrison, Mar- counties of Harrison, Marshall and the first assessment

Proviso as to Ohio. Kanawha and Fayette counties.

shall and Cabell.

Proviso as to

the assessors
of Ohio county

district of the county of Cabell, such sum, not exceeding six hundred dollars, nor less than three hundred dollars, as to the county court of said counties of Harrison, Marshall and Cabell may seem just; Provided, that the whole amount allowed to the assessor of the district in which the greater part of the City of Wheeling is situated, shall not exceed fifteen hundred dollars, and the whole amount allowed to the other assessor in such county shall not exceed twelve hundred dollars. The clerk of the county court shall be entitled to receive such reasonable compensation for services rendered under this section, other than for making out the land books, as the county court may allow, to be paid from under this sec- the county treasury.

Compensation

of clerk of county court

for services

tion.

(Approved February 22, 1895.)

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.The foregoing act takes effect at the expiration of ninety days after its passage.]

(House Bill No. 5.)

CHAPTER 28.

AN ACT to amend and re-enact section eight of chap

ter forty-three of the code, as to the time of working roads.

[Passed February 11, 1895.]

Be it enacted by the Legislature of West Virginia:

That section eight of chapter forty-three of the code Code amended. of West Virginia (edition of 1884) be amended and reenacted so as to read as follows:

4.

keep account

on roads: when

Every surveyor of roads shall keep an exact ac- Surveyors to count of the number of days' work done on the roads of labor done in his precinct by each person liable to work thereon, bor to be two days of which labor shall be performed by the first done. day of June in each year, and shall, if required, make report thereof to the county court at any time during port to county the year.

(Approved February 20, 1895.)

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES. The foregoing act takes effect from its passage, twothirds of the members elected to each house, by a vote taken by yeas and nays, having so directed.]

Surveyor's re

court.

(House Bill No. 44.)

CHAPTER 29.

AN ACT to amend and re-enact section eighty-five of chapter three of the code of West Virginia, as amended and re-enacted by chapter twenty-five of the acts of eighteen hundred and ninety-three, concerning municipal elections.

[Passed February 19, 1895.]

Laws amended.

held; duties of

ipal officers.

cised.

Be it enacted by the Legislature of West Virginia:

That section eighty-five of chapter three of the code of West Virginia, as amended and re-enacted by chapter twenty-five of the acts of eighteen hundred and ninety-three, be amended and re-enacted so as to read as follows:

Municipal 85. Every municipal election shall be held in conelections; how formity with the provisions of this act, except that the certain munic- duties herein required of the county and circuit court clerks shall be performed by the municipal clerk (or recorder, as the case may be); the duties herein required of the commissioners of the county court shall be performed by the municipal council; the duties herein required of the county sheriff shall be performed by the municipal marshal, sergeant (or chief of police, as the case may be); and the rights of designation of election Rights of po. officers by political parties shall be exercised by the litical parties; by whom exer- chairman of committees of such parties in the municipality, if such there be. Municipal officers are hereby required to perform the various duties herein prescribed for county officers in whose stead they act, subject to the same provisions and penalties herein prescribed as to such county officers, except in any municipality giving at the last preceding election therein less than six hunExceptions as dred votes, in which an election is held for municipal to municipali- officers without any nominations of candidates having than 600 votes. been made and certified, as herein provided, by at least two political parties or organizations of citizens representing a political principle, said election may be held When election and conducted under the laws in force in this State on the day before this chapter, as amended by chapter twenty-five of the acts of 1893, took effect, and shall be counted and certified and the result declared under the provisions of this chapter.

ties giving less

held under

former laws.

(Approved February 21, 1895)

NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.The foregoing act takes effect from its passage, twothirds of the members elected to each house, by a vote taken by yeas and nays, having so directed.]

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