fund and for together with the money received from the state as -name of aforesaid, shall constitute a special fund, to be called what used. the "teachers' fund," and no part shall be used for any other purpose than the payment of teachers' salaries, first for the current year, and any part of said fund, not so expended, shall be appropriated to the payment of any existing indebtedness created for said purpose. Upon the failure of any board of education to -failure to lay such levy as hereby required, or any other levy what then. provided for in this chapter, they shall be compelled to do so by the circuit court of the county by a writ of mandamus, unless good cause be shown to the contrary. make levy, or special levy, when; But in case the levy provided for in this and the additional thirty-eighth section of this chapter shall not be sufficient to pay any existing indebtedness of the district limit. in addition to the other purposes for which it is levied, the board may increase such levy to the amount actually necessary, or lay a special levy for the purpose, but such increase or special levy, together with any other levy not provided for in this and the thirty-eighth section of this chapter, shall not exceed in the aggregate existing inthirty cents on the one hundred dollars valuation of not to intersaid property, and in no case shall the appropriation payment of of any money to the payment of any existing indebtedness, directly or indirectly, interfere with the payment of the teachers' salaries for the term of five months, for which the schools are required by law to be kept open each year. debtednes fere with teachers. (House Bill No. 210.) CHAPTER 73. AN ACT to amend and re-enact section seventeen, Passed February 18, 1901. In effect 90 days from passage. Approved Be it enacted by the Legislature of West Virginia: 1. That section seventeen, chapter forty-five of Code the code be and is hereby amended and re-enacted so amended. as to read as follows: 17. White and colored persons shall not be taught White and in the same school, but to afford to colored children colored, vided for col taught sepa- the benefits of a free school education it shall be the rately. duties of trustees of every sub-district to establish -schools pro- therein one or more primary schools for colored perored children. sons between the ages of six and twenty-one years, and said trustees or board of education shall establish such school whenever there are at least ten colored persons of school age residing therein, and for a less number, when it is possible to do so. -trustees may join in establishing The trustees of two or more sub-districts, whether in the same or adjoining districts or counties, may, by such schools. agreement with each other, join in establishing a primary school for colored children residing in said subdistrict, and such school so established shall be sub--regulations. ject to the same regulations as are provided for the school for white children in section twelve of this chapter. Acts repealed. 2. All other acts and parts of acts coming within the purview of this act and inconsistent herewith are hereby repealed. Code amended. Attachment bond and security; its conditions. (Senate Bill No. 123.) CHAPTER 74. AN ACT to amend and re-enact section six of chapter 106 of the Code of West Virginia, in regard to levying attachments. [Passed February 22, 1901. In effect 90 days from passage. Approved February 23, 1901.] Be it enacted by the Legislature of West Virginia: That section six of chapter one hundred and six of the code of West Virginia, be amended and re-enacted so as to read as follows: 6. But if the plaintiff shall, at the time of suing out such an attachment, or afterwards, give bond with good security, approved by the clerk issuing the attachment, in a penalty of at least double the amount of the claim sworn to, with condition to pay all costs and damages which may be awarded against him, or sustained by any officer or other person by reason of the suing out of the attachment or levying the same, and to pay to any claimant of any property seized or sold under or by virtue of said attachment, all dam of property held blame without giv bond after in such cases. ages which he may recover in consequence of such seizure or sale; and also to warrant and defend to any purchaser of the property, such estate or interest. therein as is sold, the said officer shall take possession -possession of the property levied on by virtue of such an attach- levied on. ment. If such bond be given, no action shall be main- -if bond trained against the officer levying such attachment given, officers upon property or effects not belonging to the debtor, less, unless, unless it shall appear that such levy was wilfully and etc. knowingly made. If the plaintiff has sued out an if attachorder of attachment without giving such bond, and ment sued out afterwards gives the same as aforesaid, it shall be the ing bond, and duty of such clerk, whether the attachment has been wards given, levied or not, to certify the fact that such bond has duties of clerk been given to the officer who levied the same, or in whose hands it was to be levied, or if he be absent or out of office, to issue a new order of attachment and to place the same in the hands of some other proper officer; and it shall be the duty of any such of duty of ficer to take the attached property into his possession and make return of such order in like manner as if said bond had been given before the issuing of the original attachment. The defendant may except to -defendant the said bond, or to the sufficiency of the security to bond, etc.; therein, and if the exceptions be sustained by the if sustained. court, the attached property shall be returned to the unless, etc. defendant, unless the plaintiff give a proper bond, with sufficient security, to be approved by the court within such time as the said court shall direct. officer. may except what done. AN ACT to amend and re-enact section 4 of chapter 139 of the Code of West Virginia relating to docketing judgments and other liens of a like nature. [Passed February 22, 1901. In effect 90 days from passage. Approved February 23, 1901.] Be it enacted by the Legislature of West Virginia: That section four of chapter one hundred and thirtynine of the code of West Virginia be and the same is Code hereby amended and re-enacted so as to read as fol lows: amended. 4. The clerk of every circuit and municipal court Judgments; duties of clerks of circuit and municipal justices, in certifying and giving abstracts of. be stated. shall, without delay, make out and deliver a duly certified abstract of every judgment rendered by such courts, and of court, and every justice of the peace shall, without delay, make out and deliver a duly certified abstract of every judgment rendered by him, or by any other justice, the docket of which is in his possession and under his control, to any person interested therein who may demand the same, and pay or tender the fee -what must therefor, in which abstract shall be stated, the names in full of the plaintiff or plaintiffs, and the defendant or defendants, as they appear in the papers and proceedings in the cause, and if the defendants are sued as partners, the partnership name shall be stated; the amount of the judgment and the amount of the costs, stating each separately; the value of specific property (if any) recovered by it, and the damages (if any) for its detention; the date of the judgment and the court in which, or the justice by penalty for whom, the judgment was rendered. Any clerk or justice who shall fail to deliver such abstract as herein required, shall be guilty of a misdemeanor and fined fifty dollars. And the clerk of every county court county court shall keep in his office in a well bound book a judg ment docket, in which he shall docket without delay any judgment rendered by any justice of the peace or court of this state or by any circuit or district court of the United States within this state, upon the delivery to him of such authenticated abstract thereof for that purpose, and the payment --what to be or tender of his fee therefor. In such docket there shall be stated, in separate columns: failure. -clerk of to keep a judgment docket; what docketed therein. stated in such docket, and how. I. The names in full of the plaintiff or plaintiffs, and the defendant or defendants, as they are stated in such abstract, and if it appear by such abstract that the defendants were sued as partners, their partnership name shall also be stated. II. The amount of the judgment and of the costs, stating each separately. III. The value of any specific property recovered by the judgment, and the damages (if any) for its detention. IV. The date of the judgment. V. The court in which or the justice by whom it was rendered. VI. The date of docketing the judgment. Every judgment docketed by the clerk of the county court as aforesaid, shall at the same time be indexed by him in an index to be kept in or annexed to said -indexing of judgments judgment docket, in full, the name of the defendant, docketed, and if more than one defendant, in the full name of how. each, as they appear in the said abstract. If the defendants are sued as partners, it shall also be indexed in the partnership name appearing by such abstract. Any clerk of a county court failing to perform any duty required of him by this section shall be guilty penalties imof a misdemeanor, and be fined fifty dollars; and he posed. and his securities in his official bond shall moreover be liable to any person injured by such failure for all such damages as he may sustain by reason thereof. -failure of clerk, what (Senate Bill No. 99.) CHAPTER 76, AN ACT to amend and re-enact section seven, of chapter forty-six of the Code of West Virginia, relating to the Poor. [Passed February 18, 1901. In effect 90 days from passage. Approved February 20, 1901.] Be it enacted by the Legislature of West Virginia: That section seven, of chapter forty-six of the code Code of West Virginia be amended and re-enacted so as to amended. read as follows: how cared exception. required to labor, when. 7. Any person to be provided for or assisted, as The poor; aforesaid, may either be kept at the place of general where and reception, or be supported or assisted elsewhere, but for. in a county where there is a county infirmary he shall not be kept at the expense of the county at any place other than such infirmary, except in case of emergency or necessity, and then only as long as the emergency or necessity may require. All poor persons kept at the place of general reception who are able to work shall be required to perform such reasonable and moderate labor as may be suited to their sex, age, and bodily strength; and the proceeds of such work shall proceeds of be appropriated to the support of the poor of the county in such manner as the court may from time to time direct; and in those cases where poor persons are sup- -duty of ported in whole or in part by the county outside of the poor houses, by allowing annually a certain sum for the support of each person. It shall be the duty of the overseer of the poor, in case of the sickness of such labor. Overseer of poor as to sickness in certain cases. |