Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

agree on a

judye.

the result thereof, and enter the same of record. Provided, however, that the parties or their attorneys, Parties may in any case in which the judge of the court cannot pro-judge: to be perly preside at the trial thereof, may agree upon a recorded. judge to try or hear and determine the same, which agreement shall be entered of record in the proper order book of the court, and in such case no election of a judge to try or hear and determine the case shall be held. No counsel or attorney who is interested in the who not to case shall vote on the election of such judge, nor shall vote. any counsel or attorney vote who has not been admitted to practice law in the State. The judge so elected or agreed upon before proceeding to act, shall take an oath Oath of special that he will faithfully and impartially perform the duties of a judge of such court so long as he shall continue to act as such; that he is not interested as counsel or attorney, or otherwise, in the cause to be tried or heard or determined by him.

Every judge so elected or agreed upon shall have and possess the same powers and perform the same duties in all respects as the regularly elected judge of such court, during the time he shall act in pursuance of such election or agreement.

The judge so elected or appointed shall receive for Compensation. . his services while sitting as such judge five dollars per day, to be certified by the court and paid out of the State treasury.

Powers of.

(Approved February 5, 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.]

(Senate Bill No. 55.)

CHAPTER 21.

AN ACT to amend and re-enact section thirteen of

chapter one hundred and twelve of the code, in relation to pay of special judges.

[Passed February 21, 1995.]

Be it enacted by the Legislature of West Virginia:

.

That section thirteen of chapter one hundred and Code amended. twelve of the code, be and the same is hereby amended and re-enacted so as to read as follows:

Compensation of special judges.

13. The judge so elected or appointed, shall receive for his services, while sitting as such judge, five dollars per day, to be certified by the court and paid out of the state treasury.

This and the two next preceding sections shall apply as well to criminal as to civil causes.

To what'applies.

(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. 5.)

CHAPTER 22.

AN ACT for the protection of riparian owners.

[Passed January 19, 1895.]

Be it enacted by the Legislature of West Virginia :

Owners or occupiers of

Dot to

Penalty.

That any one being the owner or occupier of any shanty-boats, shanty boat, or boat of like kind, who anchors, ties or chor, etc., saime beaches said boat upon the real estate of another for a of anotherate longer period than twelve hours, unless in case of dislonger than 12 tress, without the permission of the owner or agent of tours; excep- the owner of said real estate upon which such boat is

anchored, tied or beached, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than fifty dollars, or contined in the county jail not more than thirty days, at the discretion of the court. And each twelve hour's that said owner or occupier, after having been notified to remove, allows such boat to remain at such place, or anchored, tied or beached upon the premises of said owner, shall be taken and treated as a separate offense. And any such person

a repetition of

having been so notified to remove such boat, who shall 30 days, after within thirty days thereafter, again anchor, tie or beach

any boat upon the real estate of said owner, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding fifty dollars, and imprisoned in the county jail not exceeding thirty days. And any

Each twelve hours to be taken as separate offense, after notice.

Penalty for

offense within

notice.

justice of the peace in any county in the State where Justices have

jurisdiction. such offense or offenses shall be committed, shall have jurisdiction thereof, the same as other cases where fine and imprisonment are imposed.

( Approved February 5, 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. 316.)

CHAPTER 23.

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

ter one hundred and nineteen of the acts of one thousand eight hundred and eighty-two of the legislature of West Virginia.

[Passed February 22, 1895. ]

Be it enacted by the Legislature of West Virginia :

That section seven of chapter one hundred and nine

Acts amended, teen of the acts of one thousand eight hundred and eighty-two be amended and re-enacted so as to read as follows:

7. Every person who shall take up and secure any Compensation saw-logs, or other logs or trees prepared for the purpose kur securing for sale, or any cross or railroad ties, boards, planks, logs, etc. staves, heading or other timber prepared for market, of etc. another, found adrift in the Ohio, Great Kanawha, or Little Kanawha river, in which there is no boom in use for the preservation thereof below the point where they are so found, whether the same have thereon any such trade-mark or not, shall be entitled to receive from the owner thereof, a compensation for so much thereof as he shall deliver to such owner, as follows: For each saw-log or other log or tree prepared for sale, twentyfive cents each. If the same be caught in rafts or parts of rafts, ten cents per log. For each cross or railroad tie, six cents. For boards or planks, if caught in rafts pensation. or large bodies, fifty cents per thousand feet, board

for taking up

rivers,

Rate of com

Such timber may be sold.

measure ; for twenty thousand feet, or a less quantity, and over twenty thousand feet, twenty-five cents per thousand feet, board measure ; but if the same be not in rafts, but loose and scattered, two dollars and fifty cents per thousand feet, board measure ; and for staves

and heading, three dollars per thousand for all such as By whom paid. are marketable ; to be paid by the owner thereof, if re

quired, before the delivery of the same to him. If the

owner of any such logs, trees, ties, boards, planks, staves when and howi or headings fail to pay the sum so chargeable thereon,

within sixty days from the day they are taken up, they may be sold, at the suit of the person to whom such charges are due, by a constable or the sheriff of the county, at public auction, to the highest bidder, upon thirty days' notice posted on the front door of the court house of the county in which the sale is to be made, and

at the place of the sale thereof. The officer making said disposed of.

sale shall from the proceeds thereof, pay to the person who took up said logs, trees, ties, boards, plank, staves or headings, the sum to which he is entitled therefor as aforesaid, and retain the balance, after deducting his commissions (which shall be the same as upon sales un

der execution) for the use of the owners. But if no Disposition of

person shall appear and establish his right to such proceeds within one year after such sale, he shall place the same to the credit of the distributable school'fund of his county, and report the amount thereof to the county superintendent of schools therein.

Hw pro reeds

surplus proceeds.

(Approved February 22, 1895.)

[NCTE 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.]

(House Bill No. 25.)

CHAPTER 24.

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

ter forty-seven of the code of West Virginia.

(Passed February 11, 1895. ]

Be it enacted by the Legislature of West Virginia :

Code amended,

That section twenty of chapter forty-seven of the code of West Virginia be amended and re-enacted so as to read as follows:

town offices;

20. When a vacancy shall occur from any cause in Vacancies in the office of mayor, recorder, or in the council, the va- how filled. cancy shall be filled by appointment, until the next succeeding election, by the council from among the citizens of the city, town or village eligible under this chapter.

(Approved February 20, 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. 293.)

CHAPTER 25.

AN ACT to amend and re-enact section four of chapter

fifty-seven of the code, relating to church property and benevolent and educational associations and in

stitutions.

[Passed February 19, 1895.]

Be it enacted by the Legislature of West Virginia :

That section four of chapter fifty-seven of the code of Code amended West Virginia be and the same is hereby amended and re-enacted so as to read as follows:

Trustees of

[ocr errors]

4. The circuit court of the county, wherein any

such lands as are mentioned in the first section of this chap-by religious, ter, or the greater part thereof, may lie, on the applica- etc., societies,

how appointed tion of the proper authorities of such church, congregation, district, circuit, religious sect, society or denomination, or any secret order, may from time to time appoint trustees, either where there were or are none, or in place of former trustees, and change those so appointed whenever it may appear to the court proper to effect or promote the purpose of the conveyance, devise or dedication and secure the same to the use of those justly entitled thereto; and the legal title to such land shall, for that purpose, be vested in the said trustees for the time such trustees. being and their successors.

(Approved February 21, 1895.)

Title vested in

« ΠροηγούμενηΣυνέχεια »