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tract in five years, unless a
thereby, or by his agent, but not under seal, within ten years; and if it be upon any other contract, within any other confive years,
unless it be an action by one partner against his co-partner for a settlement of the partnership ac- suit by one
partner against counts, or upon accounts concerning the trade of mer- his co-purtner, chandise between merchant and merchant, their factors or servants, where the action of account would lie, in either of which cases the action may be brought until the expiration of five years from a cessation of the dealings in which they are interested together, but not after.
(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.]
(Senate Bill No. 142.)
AN ACT to amend and re-enact sections six, forty-eight
and ninety-one of chapter three of the code of one thousand eight hundred and ninety-one, as amended and re-enacted by sections six and ninety-one of chapter twenty-five of the Acts of one thousand eight hundred and ninety-three, concerning elections by the people.
[Passed February 21, 1895.]
Be it enacted by the Legislature of West Virginia:
That sections six, forty-eight and ninety-one of chapter three of the code of 1891, as amended and re-enacted by sections six and ninety-one of chapter twenty-five of the Acts of 1893, be amended and re-enacted so as to read as follows:
may change 6. The county court of any county may change the voting preboundaries of any precinct within such county, or di- consolidate or vide any precincť into two or more precincts, or consol- divide: pray idate two or more precincts into one, or change any change place of place of holding elections, whenever public convenience tion.
If house or
held therein; what to be done.
No precinct to contain more than 250 electors.
or the public good may require it. And if by reason of stroyed or elec- the destruction of the house or structure at which a pretion can meat be cinct election has been established, or if for any other
reason the election cannot be held thereat, and no provision has been made by the county court for holding the election at another place, the commissioners of election at such place may hold the election at the place nearest thereto which they can secure for the purpose; and in such case they shall make known by proclamation to the voters assembled at such first named place of voting, the place at which the election will be held. And the county court shall, in such case, establish another place of voting for said precinct as soon thereafter as practicable.
Provided, That no precinct shall be so enlarged as to contain more than 250 electors; and provided further, that no such change, division or consolidation shall be
made by the county court within ninety days next pretime changes to ceding an election, and provided further, that no such
change, division or consolidation shall be valid without giving due notice, at least one month before any elec
tion, by publication in two newspapers published in given time re- said county, if such there be, representing the two
political parties which cast the highest number of votes in the State at the last preceding general election, and by posters put up in four of the most public places in each precinct affected thereby.
The county court shall keep in a well bound book, Election pre- marked "election precinct record,” a complete record of how kept what all their proceedings in this and the next preceding sec
tion, and every order entered creating a precinct or precincts or establishing a place of voting therein. Said court shall, within ten days from the date of such order, cause to be published in two newspapers, if such there be, representing the parties casting the highest number of votes in the county at the last election of presidential electors, and posted at the front door of the court house.
Said "election precinct record” shall be kept by the cinct record to circuit court clerk in his office, and shall, at all reasonbe kept by the clerk of the cir- able hours, when not actually in use by the county court,
be subject to inspection by any citizen of the county.
Notice of change: how
; to contain
10 dars' notice to be given as to changes; how given.
48. The county executive committees, or the chairAppointment man thereof, of the two political parties which cast the of challengers. largest number of votes in the State at the last preceding
general election, may appoint a challenger, who must be Their qualifica- a qualitied voter in the election precinct for which he is
appointed, and who shall be entitled to remain in the election room from the opening of the polls until the
counting, ascertainment and declaration of the result. If no appointIf such appointment be not so made, or being made, ment be made; said challenger be not present at the opening of the Choose them. polls, the voters present, of said parties, respectively, may make such appointment.
Every challenger so appointed as aforesaid, shall be- Challengers to fore entering upon the discharge of his duties take and be sworn. subscribe an oath to the foilowing effect:
I,-A--B--, do solemnly swear that I will faithfully and honestly discharge my duties as challenger of the election now about to be held in precinct No. in the -district of
-county of State of West Virginia and that I will not disclose nor communicate to any person how any elector voted nor how any ballot was folded, marked, printed or stamped. Subscribed and sworn to before me this
91. It shall be the duty of each assessor in the State to list, as far as he can by due diligence ascertain, im- list voters. mediately preceding each general election, the name of every qualified voter in each precinct of his assessment district, and to enter them in a separate list for each precinct, arranged in the alphabetical order of the names of the voters.
(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.]
(Senate Bill No. 48.)
AN ACT to amend and re-enact section two of chapter
seventy-four of the code of West Virginia, as amended and re-enacted by chapter one hundred and twentythree of the acts of the Legislature of one thousand eight hundred and ninety-one, concerning acts valid
between the parties but void as to creditors and purchasers, and concerning preferences by insolvent debtors.
[Passed February 16, 1895.]
Be it enacted by the Legislature of West Virginia :
That section two of chapter seventy-four of the Code amended, code of West Virginia, as amended and re-enacted by
chapter one hundred and twenty-three of the acts of one thousand eight hundred and ninety-one, be amended and re-enacted so as to read as follows:
to credi ors when.
2. In this section the word “transfer" shall be taken to include every gift, sale, conveyance and assignment, and the word "charge” shall be taken to include every confessed judgment, deed of trust, mortgage, lien and incumbrance. Every transfer or charge which is not upon consideration deemed valuable in law, shall be void
as to creditors whose debts shall have been contracted charge void as at the time it was made; but shall not upon that ac
count merely be void as to creditors whose debts shall have been contracted, or as to purchasers who shall have purchased after it was made ; and though it be decreed to be void as to a prior creditor, because voluntary, it shall not for that cause be decreed to be void as to subsequent creditors or purchasers. Every transfer or
charge made by an insolvent debtor attempting to preSales, convey- fer any creditor of such insolvent debtor or to secure transfers, &c., such a creditor or any surety or indorser for a debt to Livingli poigrity the exclusion or prejudice of any other creditor, shall void as to such be void as to such preference or security, but shall be
taken to be for the benefit of all creditors of such debtor, and all the property so attempted to be trans
ferred or charged shall be applied and paid pro rata signment held upon all the debts owed by such debtor at the time such and when and transfer or charge is made (Provided, that any such
transfer or charge by an insolvent debtor shall be valid as to such preference or priority unless a creditor of such insolvent debtor shall institute a suit in chancery within one year after such transfer or charge was made to set aside and avoid the same and cause the property so transferred or charged to be applied toward the payment pro rata of all the debts of such insolvent debtor existing at the time such transfer or charge is made, subject, however, to the provision hereinafter contained with reference to creditors uniting in such suit and contributing to the expenses thereof. But if such transfer
How such as
may be set aside.
or charge be admitted to record within eight months When suit t?. after it is made, then such suit to be availing must be charges must
be brought. brought within four months after such transfer or charge was admitted to record. Every such suit shall be deemed to be brought in behalf of the plaintiff and all other creditors of such insolvent debtor, but the creditor instituting such suit or proceeding, together with all creditors of such insolvent debtor who shall come into the suit and unite with the plaintiff before final decree and agree to contribute to the costs and expenses of said suit, shall be entitled to have their claims first paid in full pro rata out of the property so transferred or tor must sue, charged in preference to any creditor of such debtor dc. who shall before final decree decline or fail to so unite and agree to contribute to the costs and expenses of said suit, but not in preference to such creditor as may attempt to sustain the preference given him by such transfer or charge; Provided, further, that nothing in this section shall be taken to prevent the making of a preference as security for the payment of purchase money or a bona fide loan of money or other bona fide debt con- Proviso as to tracted at the time such transfer or charge was made or as security for one who at the time of such transfer or debts. charge becomes an indorser or surety for the payment of money then borrowed; Provided, further, that noth ing in this section contained shall be taken to affect any transfer of bonds, notes, stocks, securities or other evi- bonds, etc., in dences of debt in payment of or as collateral security pi bona fide for the payment of a bona fide debt or to secure any in-debt, or to sedorser or surety whether such transfer is made at the etes time such debt is contracted or indorsement made or for the payment or security of a pre-existing debt.
loans and purchase nioney
(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.]
AN ACT to amend and re-enact section twelve of chapter
forty-three of the code of West Virginia, concerning time of working roads.