-amount for medical aid, limited. any such poor person, to visit him or cause him to be visited by some reliable person, and if it is found that such sick person is suffering for aid or medical attention, such overseer shall furnish the necessary aid or medical attention to such poor person, notwithstanding the sum allowed for the support of such person may have been previously exhausted: provided, the additional aid or medical attention so furnished shall not exceed fifty per cent. of the amount already allowed as aforesaid. Code amended. Free vaccina tion, for whom, (House Bill No. 122.) CHAPTER 77. AN ACT to amend and re-enact section nine of chapter forty-six of the Code. [Passed February 18, 1901. In effect ninety days from passage. Ap proved February 20, 1901] Be it enacted by the Legislature of West Virginia: That section nine of chapter forty-six of the code be amended and re-enacted so as to read as follows: 9. The overseer of any district may furnish antitoxine to, or cause to be vaccinated with proper vaccine matter, any person in such district who is unable to pay for the same. Code amended. (House Bill No. 303.) CHAPTER 78. AN ACT to amend and re-enact section seventeen of chapter one hundred and thirty-five of the Code of West Virginia: [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 seventeen of chapter one hundred and thirty-five of the code be and the same is hereby amended and re-enacted so as to read as follows: within what 17. No process shall issue upon any appeal, writ Appeals; of error or supersedeas allowed to or from a final time record judgment, decree or order, if when the record is deliv. must be filed. ered to the clerk of the appellate court there shall have elapsed two years since the date of such final judgment, decree or order, but the appeal, writ of dismissal of appeal, etc.. error or supersedeas shall be dismissed whenever it when. appears that two years have elapsed since the said date before the record is delivered to such clerk, or before such bond is given, as is required to be given before the appeal, writ or error or supersedeas takes effect. (House Fill No. 253.) CHAPTER 79. AN ACT to amend and re-enact section one hundred and seventy, chapter fifty of the Code of West Virginia. [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 one hundred and seventy of chapter Code fifty of the code of West Virginia be amended and re- amended, enacted so as to read as follows: new appeal what judg 170. If the court, in any case, be of opinion that Appeals from the bond filed is insufficient, or the security doubtful, justices; ctrit shall order a new bond, in proper form and with may require good security, to be given within the time specified in bond, when. such order, and if it be not given, or good cause shown -if new bond why it was not, the same judgment which was ren- not given, dered by the justice, with the costs of the appeal, ment entered. shall be entered in the circuit court, without further trial, against the appellant and those who signed the bond if it be such bond as is first named in section one hundred and sixty-four, and judgment against the appellant and sureties for the costs of the appeal if it be not such bond: provided, no appeal from any justice appeal not of the peace of any county of this State shall be dis- to be missed on the account of any failure of any such jus- when. tice to comply with any requirements of any statute. now in force relating to appeals from justices of the dismissed, peace, provided the appellant or appellants have executed bond when said bond is required and done all necessary on his or their part to perfect such appeal, and in no case shall any appeal from any justice be dismissed when it shall appear to the appellate court that injustice might be done to the appellant or appellants, but in every such case such appeal shall be -trial of such docketed, heard and disposed of by said appellate court in accordance with the ordinary rules of law governing the trial of such cases, and under such other orders as the court may see fit to impose. appeals. Code amended. Contest proceedings for county, etc., officers. --witnesses. -notice of contest. (Senate Bill No. 76.) CHAPTER 80. AN ACT to amend and re-enact section three of chapter six of the Code of West Virginia of one thousand eight hundred and ninety-nine, in respect to an appeal to the Circuit Court from the County Court in a contest proceeding for county and district officers. [Passed February 22, 1901. In effect 90 days from passage. Approved Be it enacted by the Legislature of West Virginia: 3. Subpoenas for witnesses for either party shall be issued by the clerk of the county court, and served as in other cases, and the witnesses shall be entitled to the same allowances and privileges, and be subject to the same penalties, as witnesses attending a circuit court in a civil suit. The notice of contest shall be presented to the county court at its first term after the same is delivered to the person whose election is contested, and the same shall be docketed for trial in such court. At the trial of said contest, the said -proceedings Court shall hear all such legal and proper evidence as may be brought before it by either party, and may, if deemed necessary, require the production of the poll books, certificates and ballots deposited with its clerk, and examine the same. The hearing may be continued by the court from time to time, if it be shown that -docketing notice. at trial. awarded. ascertain justice and right require it, but not beyond three months from the day of election. At the final trial of said contest the said court shall declare the true result of said election, and cause the same to be entered on the records of said court. The costs in such costs: against case, if the contestant failed to set aside the election, whom shall be awarded against the contestant, otherwise, each party shall pay his own costs, unless it appears to the court that the person returned elected by the commissioners was guilty of fraud or misconduct in the election, or in procuring such return to be made, in which case costs shall be awarded against him in favor of the contestant. The amount of costs to which costs; either party is entitled against the other shall ment of; entry be ascertained by the said court, and entered forcement of of record therein, which entry shall have the force of payment. a judgment and execution, and, if said costs are not paid within ten days thereafter, the clerk of said court may make out and deliver to the sheriff, or one of his deputies, a certified copy of such entries, and said sheriff or deputy shall proceed to collect the same, therein specified, in the same manner as if said copy were a writ of fieri facias against the goods and chattels of the person against whom said costs were awarded. When the result of said election is declared, —result and as aforesaid, a certified copy of the order declaring of, when. said result shall, if required, be delivered by the clerk of, and en certification of certified copy. circuit court. of said court to the person declared elected, if such be the result of the trial, and such copy shall be received legal effect in all courts and places as legal evidence of the result of the election therein declared. Either the contestant or contestee, in such proceeding, shall have the right of right of appeal to the circuit court of the county from appeal to the final order or decision of the county court, in said proceeding, upon the filing of a bond with good per--bond and sonal security, by the party desiring the appeal, to be conditions. approved by said county court, in a sum deemed sufficient by such court, with condition, to the effect, that the person proposing to appeal will perform and satisfy any judgment which may be rendered against him by the circuit court on such appeal. But such appeal-within shall not be granted unless the party desiring the ap- appeal alpeal shall make application for such appeal, and file lowed. such bond, within thirty days from the entering of the final order in said proceeding; and the circuit court may at any time require a new bond or increase the penalty thereof when the court deems it necessary. When such appeal is taken to the circuit court, as what time -new bond. -case tried de novo on appeal. Acts repealed. hereinbefore provided, the judgment and decision of the county court shall be vacated and annulled and the circuit court shall try the case de novo. 2. All acts and parts of acts coming within the purview of this act, or inconsistent herewith, are repealed. Code amended. Land taken for public (Senate Bill No. 58.) CHAPTER 81. AN ACT to amend and re-enact section fourteen of chapter forty-two of the Code of West Virginia, relating to taking land without the owner's consent for purposes of public utility. [Passed February 21, 1901. In effect 90 days from passage. Approved February 26, 1901.] Be it enacted by the Legislature of West Virginia: That section fourteen of chapter forty-two of the code of West Virginia be and the same is hereby amended and re-enacted, so as to read as follows: 14. As to each tract, the commissioners, after viewing the same, and hearing any proper evidence which is offered, shall ascertain what will be a just tain and how. compensation to the person entitled thereto for so utility: what commissioners to ascer -form of report. much thereof as is proposed to be taken, and for damage to the residue of the tract, beyond the peculiar benefits to be derived, in respect to such residue, from the work to be constructed, or the purpose to which the land to be taken is to be appropriated, and make report to the following effect: We, the commissioners, appointed by the circuit court of county, by an order made on the day of -, on the application of respectfully report, that having been first duly sworn, we have viewed the real estate owned by mentioned in the said application, and are of opinion that - will be a just compensation for so much of the said real estate as is proposed to be taken by the said applicant, that is to say: (here describe the part to be taken, so as to identify the same with reasonable certainty, which description may be |