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[Passed February 21, 1895. ]
Be it enacted by the Legislature of West Virginia :
That section twelve of chapter forty-three of the code of West Virginia be amended and re-enacted so as to read as follows:
Who to work the roads.
When the roads
except in coun
To work under
12. Every male person not under twenty-one nor over fifty years of age, who resides in any road precinct,
and is not a 'pauper, having had at least three days' to be worked, notice, shall, between the first day of April and the first ties of Pendle- day of September in each year, (except in the counties ton, Berkeley of Pendleton, Berkeley and Morgan, where the time
for working roads shall be from the first day of April to the first day of December in each year) attend in person or by sufficient substitute, with proper tools, and work
on the county road in such precinct under the direction the direction of of the surveyor thereof at such places and on such days
during the said period as the said surveyor may ap
point, at least two days, if that number be necessary. County court And the county court of every county in which the said
prescribe ho wersadis to be two days' work shall be insufficient to open, construct kent up after and keep in good repair, the roads and bridges thereof,
shall, at a session of said court held prior to the first day of May in each year, prescribe by order of the court the nianner in which the same shall be done, after expending thereon the two days' work aforesaid, whether entirely by a tax on property, entirely by labor, or partly by tax and partly by labor; and it shall prescribe, provide for and lay a suficient amount of tax, or labor, or both, as the case may be, to open, construct and keep
in good repair the roads and bridges in their county Not more than during each year; Provided, That not more than four to be required days' work by any person shall be required in any year,
and if said four days' work are not sufficient, with or without the tax imposed, to put and keep the roads and bridges in any county in good repair, the court shall levy a sufficient tax for the purpose as aforesaid.
Every person required by the county court under the provisions of this section to work on the roads, shall perform such additional number of day's work thereon as may be prescribed by such order, not exceeding, how
ever, two days. But any person required to perform quired to work labor under the provisions of this section, may commute
therefor by paying to the surveyor such sum per day for every day's work so required of him as shall be fixed by the county courts, not less than seventy-five cents nor more than one dollar and twenty-five cents. The county court shall have power to transfer and re
in any or year.
work upon the
quire the surveyor and hands of any road precinct to Surveyor and work
upon the roads of another precinct in the same dis- precinct to trict, in cases of emergency, or of the opening of new roads of anothroads, and any surveyor or hands failing to work on the er; when. roads of the precinct to which they may be, by order of the court transferred, shall be subject to the same penalties as if they had failed to work on the roads of their own precinct when lawfully required to do so.
WILLIAM SEYMOUR EDWARDS,
Speaker of the House of Delegates.
WM. G. WORLEY,
STATE OF WEST VIRGINIA, )
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.]
(Senate Bill No. 9.]
AN ACT amending and re-enacting section thirty-eight,
chapter fifty-eight, of the code of West Virginia, relating to estates of insane persons.
[Passed January 21, 1895. ]
Be it enacted by the Legislature of West Virginia:
That section thirty-eight of chapter fifty-eight of the code of West Virginia be and the same is hereby chapter 48 of amended and re-enacted, so as to read as follows:
Section 38 of
the code amended.
38. If the personal estate of such insane person bein sufficient for the discharge of his debts, or if the per
sonal estate, or the residue thereof, after payment of the What may be debts, and the rents and profits of his real estate, be in
sufficient for his maintenance, and that of his family, if any, the committee of his estate may petition the circuit court of the county in which he was appointed, for authority to mortgage, lease or sell so much of the real estate of such insane person as may be necessary for the purposes aforesaid, or any of them, setting forth in the petition the particulars and amount of the estate, real and personal, the application which may have been made of any personal estate, and an account of the debts and demands existing against the ostate.
(Approved January 31, 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. 21.)
AN ACT to amend and re-enact sections one, nine and
seventeen of chapter one hundred and fifty of the code of West Virginia.
[Passed February 22, 1895.)
Be it enacted by the Legislature of West Virginia.
That sections one, nine and seventeen of chapter one hundred and fifty of the code of West Virginia be amended and re-enacted so as to read as follows:
State Board of Health.
State board of
1. There shall be a state board of health in this State, consisting of two physicians residing in each congressional district thereof, who shall be graduates of re
putable medical colleges, and who shall have practiced To be appoint- medicine for not less than ten years continuously. They ernor; term of shall be appointed by the governor and hold their office
for the term of four years, unless sooner removed, as
in office to con
provided in this chapter. But the members of said Members now board now in office shall, unless sooner removed there- tinue, etc. from, remain in office until their successors are appointed and qualified. On the first day of June, one when appointthousand eight hundred and ninety-six, and in every ed. second year thereafter, or as soon after said day as practicable, the governor shall appoint two members of By whom apsaid board for the term of four years. Vacancies in said board shall be filled by the governor for the unexpired term within thirty days after the governor receives notice that such vacancies exist, or as soon thereafter as possible. Any person so appointed may be removed How removed. from office by the governor for incompetency, neglect of duty, gross immorality or drunkenness, or for any cause deemed necessary for the public good.
Who May Practice Medicine in this State.
9. The following persons, and no others, shall here- Who may pracafter be permitted to practice medicine in this State, tice medicine. viz.: First. All such persons as shall be legally entitled to practice medicine in this State at the time of the passage of this act.
Second. All such persons as shall pass an examination before the state board of health and shall receive certificates from the said board to that effect as hereinafter provided.
Eraminations by the State Board of Health.
Not less in
9a. The state board of health shall, at such times as Examinations a majority of them may deem proper, hold examinations when to be for the licensing of practitioners of medicine. Such held. examinations shall not be less in number than three, number than during each year, and shall be held at such points in the three. state as shall be most convenient to those presenting Where to be themselves for examination or to the state board of health. At such examinations written and oral ques- Written and tions shall be submitted to the applicants for license, oral questions covering all the essential branches of the sciences of medicine and surgery, and the examination shall be a thorough and decisive test of the knowledge and ability of the applicants. The president and secretary of the state board of health shall issue certificates to all who successfully pass the said examination, and such certificates, after being duly recorded as hereinafter provided, shall be deemed licenses to practice medicine and surgery in all their branches in this state. The state board of health shall give timely notice of the time and given; how place of holding each such examination, by publish
Notice to be
Yo school of medicine required.
ing such notice in at least three newspapers of general Applicants to circulation in this state, and all persons wishing to pre
sent themselves for examination should notify the secretary of the state board of health to that effect. No applicant for license to practice medicine in this state shall be rejected because of his or her adherence to any par
ticular school or theory of medicine. The state board Who may assist
of health shall call to their assistance, in the examination of any applicant who professes the homeopathic or eclectic school of medicine, a homeopathic or eclectie physician duly licensed to practice medicine in this state, and such homeopathic or eclectic physicians so called to the assistance of the state board of health, shall be allowed the per diem and actual expenses incurred here
inafter allowed to regular members of the state board Physicians liv- of health : Promillel, hencerer, that the provisions of
; ing in other this and the preceding section shall not apply to physito consultation cians living in other states and duly qualified to prac
tice medicine therein, who shall be called into consultaexcepted.
tion into this State, by a physician legally entitled to practice medicine in this State under these sections.
in this state
be paid into
the auditor the money received.
17. All moneys received by the state board of health, ceived by board or any of its members, in payment of fees for examina
tion, as well as the special taxes received by the sheriff the state treas- under the provisions of section fourteen of this chapter,
shall be paid into the state treasury within one month Duty of secre
after the same are received. And it shall be the duty of tarxinto certo the secretary of the state board of health, on the first
days of January and July in each year, or within five days thereafter, to certify to the auditor all such moneys received by said board, or by any member thereof, during the preceding six months. It shall also be the duty
of the clerk of every county court on the same days in Duty of clerks each year, or within five days thereafter, to certify to
the auditor all moneys received by the sheriff under this chapter, shown by the receipts filed in his office as required by section fourteen of this chapter, and any such secretary or clerk who shall fail to comply with the provisions of this section, shall be guilty of a misdemeanor and fined for each offence not less than fifty nor more
than two hundred dollars. And if any member of the board fails to state board of health shall fail to account for and pay
into the treasury, as herein required, any moneys received by him as aforesaid, he shall be guilty of a misdemeanor and fined double the amount of the moneys so received and which he has failed to pay as aforesaid.
All moneys received from the state board of health as Disposition of
fees for examination, under section eleven of this act, shall be placed to the credit of the state board of health
Penalty if a
account for money received