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by the treasurer of this State and shall, with other moneys appropriated to the said state board of health, be used to defray the expenses of its meetings, examinations, etc.

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, 1893.

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,

Seciwtary 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.]

(House Bill No. 233. )

CHAPTER 8.

AN ACT to amend and re-enact sections Seven and

eight of chapter one hundred and twenty-nine of the code of West Virginia:

[Passed February 22, 1895. ]

Be it enacted by the Legislature of West Virginia:

Code amended.

That sections seven and eight of cliapter one hundred and twenty-nine of the code of 1891' be amended and re-enacted so as to read as follows:

7. A commissioner may adjourn his proceedings from time to time after the day to which notice was

Commissioner's pro

dence, etc., to be returned with.

may except to

tions to state; court may re

be

given (without any new notice), until his report is ceedings: ad- completed; and when it is completed, unless it is otherjournment, etc. wise ordered by the court, or agreed by the parties, he shall

, retain it and the evidence introduced by the parties and upon which the same is made up, ten days for their examination. Any party without being at the expense of

taking a copy, may inspect the report and evidence, and Report; evi- file exceptions thereto; and the commissioner shall with

his report return the evidence filed in the case, including all the evidence taken upon the execution of the reference; and if exceptions to said report be filed the commissioner shall, with his report, return the exceptions

and such remarks thereon as he may deem pertinent, When parties and sány party may except to such report at the first V such report.

term of the court next after the term to which the same

is filed, or by leave of the court at any subsequent term What excep-. thereof.) In an exception it shall be sufficient to state the

item or part of the report to which objection is made; quire them to but the court may, nevertheless, if good cause therefor specific. appear, require the exception to be made more specific,

or the grounds thereof to be stated therein, and may overrule such exceptions if the requisition be not com

plied with. Report; what 8. With his report the commissioner shall also rereturned with turn the decrees, orders and notices under which he

acted. He shall not copy in his account or report any papers ; and if there has been a previous account or report, he shall not copy it into his report except so far as may

be necessary to make such a complete account and

report in accordance with the decres of reference enImproper mat- tered in the cause. Everything improperly copied into ter or negligence: costs of a commissioner's account shall be expunged at his correcting paid

cost on the application of either party ; and if on account of his negligence or misconduct a report be re

committed, he shall bear the cost occasioned thereby. Time of mak- He shall immediately after the adjournment of each

term of the court proceed to take all accounts referred to him by any order or decree of the court, and all adjournments and postponements of the taking of any account, shall be for good cause to be shown by the affidavit of the party making the application, which shall

be filed with the papers in the cause, and if the commissioner una missioner unreasonably delays his report, he shall rereasonably de

ceive no compensation for the same.

out.

by commissioner.

ing report.

Where com

lays, no pay.

(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. 2.)

CHAPTER 9.

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

ter three of the acts of one thousand eight hundred and ninety-three, authorizing a married woman to convey real estate by an attorney in fact.

[Passed February 21, 1895. ]

Be it enacted by the Legislature of West Virginia :

That section three of chapter three of the acts of Section 3,chap1893 be amended and re-enacted so as to read as follows: ter 3, act 1893,

.

take hold

Her husband

conveyance of real estate.

3. Any married woman may take by inheritance or How a married by gift, grant, devise or bequest, from any person other womandan than her husband, and hold to her sole and separate use, property. and convey and devise real and personal property and any interest or estate therein, and the rents, issues and profits thereof, in the same manner, and with the like effect as if she were unmarried ; and the same shall not be subject to the disposal of her husband, nor be liable Her property for his debts; Provided, that no married woman, unless disposal of her she is living separate and apart from her husband, shall liable for his sell and convey real estate, unless her husband join in debts. the deed or other writing by which the same is sold or must join in conveyed. And a married woman may, by power of attorney duly executed, her husband joining therein, She may apta acknowledged and certified, as prescribed in section five, ney in fact. chapter seventy-three of the code of West Virginia, appoint an attorney in fact for her, and in her name to execute and acknowledge for record any deed or other writing which she might acknowledge in person, and any deed and other writing so executed and acknowledged by such attorney in fact, in pursuance of said power of attorney, and while the same remains in force, shall be as valid and effectual, in all respects, to convey the title and interest of such married woman, in the real estate ney in fact thereby conveyed, and to bar her right of dower there- valid. in, as if she had in person and in the manner required by the said fourth section of chapter seventy-three of the code of West Virginia, executed and acknowledged

attor

His powers.

Deeds of attor

the same.

(Approved February 21, 1895.)

22

AUTHENTICATION OF DEEDS AND OTHER WRITINGS. [CH. 10.

[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.]

(Senate Bill No. 68.)

CHAPTER 10.

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

ter seventy-three of the code of West Virginia, as amended and re-enacted by the acts of one thousand eight hundred and seventy-five, also amended and reenacted by the acts of one thousand eight hundred and eighty-two, and as further amended and re-enacted by the acts of one thousand eight hundred and eighty-three, concerning the authentication of deeds and other writings.

[Passed February 22, 1895.]

Be it enacted by the Legislature of West Virginia :

Code amended

That section eleven of chapter seventy-three of the code of West Virginia, as amended and re-enacted by chapter sixty-seven of the acts of one thousand eight hundred and seventy-five, also as amended and re-enacted by chapter one hundred and forty-nine of the acts of one thousand eight hundred and eighty-two, and as further amended and re-enacted by chapter thirteen of the acts of one thousand eight hundred and eighty-three, be and the same are hereby amended and re-enacted so as to read as follows:

Certain acknowledg

11. Where the acknowledgment of any deed or other

writing, or the privy examination of a married woman pravy examina respecting the same, has been heretofore taken by a

, tions declared notary public, or justice of the peace, whether he used

an official seal or not, or by two justices of the peace in any county in the State of Virginia, prior to the reorganization of the state government thereof, or by any justice out of his district or township, or it does not

.

appear by the certificate of the justice that such acknowledgment or privy examination was taken within his district or township, or county, the same shall be, nevertheless, sufficient, unless there be other lawful objections.

(.1pproved February 22, 1835.)

[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. 39.)

CHAPTER 11.

AN ACT to amend and re-enact sections one, two, sixty

six, and eighty-four of chapter thirty-two of the code.

[Passed February 21, 1895. ]

Be it enacted by the Legislature of West Virginia :

That sections one, two, sixty-six and eighty-four of chapter thirty-two of the code cf West Virginia be amended so as to read as follows:

For What a State License is Necessary.

required.

1. No person without a state license therefor shall For what a keep a hotel or tavern, eating house or restaurant, or state license is furnish intoxicating drinks or refreshments at a public theater, or sell, offer, or expose for sale or solicit or receive orders for spirituous liquors, wine, porter, ale, or beer, or any drink of a like nature, or any paper wrapper cigarettes, or cigarette paper" And all mixtures,

·
.

, preparations or liquids which will produce intoxication, whether they are patented or not, shall be deemed spirituous liquors within the meaning of this section. Nor shall any person without such license, carry on the business of a distiller or brewer of whiskey, brandy, beer, porter, or ale, or carry on the business of a druggist, or keep for public use or resort, a bowling alley, billiard table, pool table, bagatelle table, or any table of like kind, or a shooting gallery or skating rink.

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