such statement. -similar as fiduciary, shall be made a part of the public records of each record of County, and be recorded in a well bound book to be kept for such purposes and to be called "Trust Company Statements," for which filing and recording the clerk of the county court shall be allowed a fee of fee of clerk. fifty cents to be paid by the company making such statement; and before such company shall act in any agreement. fiduciary relation it shall file for record a similar when acting statement for each county in the State in which it so and where. acts. Any officer or employe of any such company -penalty for who shall knowingly make any fraudulent, false or statement. misleading, statement under the provisions of this act, shall be guilty of a misdemeanor, and shall upon conviction thereof be punished by a fine not less than five hundred dollars and not more than twenty-five hundred dollars. false, etc.. tion of com 7. All companies incorporated under this act shall Examinabe subject to an examination by the commissioner of panies, by banking, as provided for by the laws of the State of West Virginia. whom. proval this 8. In any case where the approval of any security what apby any corporation, court, officer or body, is now re- het not to quired by law, nothing in this act shall be so con- dispense with. strued as to dispense with such approval. 9. All acts or parts of acts inconsistent with this Acts repealed. act are hereby repealed. (Senate Bill No. 163.) CHAPTER 86. AN ACT to amend and re-enact chapter twenty-seven of the acts of eighteen hundred and ninety-three as amended and re-enacted by chapter thirty-seven of the acts of eighteen hundred and ninety-nine. [Passed February, 12, 1901. In effect 90 days from passage. Approved February 14, 1901.] Be it enacted by the Legislature of West Virginia: That chapter twenty-seven of the acts of eighteen Acts hundred and ninety-three as amended by chapter amended. thirty-seven of the acts of eighteen hundred and nine Foreign surety, fidelity, etc., companies. -powers, etc., of such companies. -proviso as to the examination of such companies. What contracts and agreements are void. Service of pointment and how, of person to accept. instrument appointing, what to declare ty-nine, be amended and re-enacted so as to read as follows: 1. That any fidelity, guaranty, surety or other company duly incorporated under the laws of any other state or territory, of the United States or District of Columbia, having under its charter the power to become surety be, and the same is hereby, authorized and empowered, upon complying fully with all the laws of West Vir ginia made in relation to domestic corporations incorporated for the same purpose, to exercise all the rights, powers and privileges that are conferred by law upon corporations duly incorporated under the laws of this State, and not otherwise: provided, however, that in lieu of the examination by the commissioner of banking required of companies incorporated under the laws of this State, such companies incorcorporated under the laws of any other state, or of the United States, shall be subject to examination, supervision and regulation, by the auditor of the state under all the provisions of law applicable to fire insurance companies of other states doing business in this State. 2. All contracts and agreements made by any foreign corporation in this State, before such corporation shall have fully complied with the requirements of this act, and all acts made in relation to such corporations, shall be absolutely void and incapable of being enforced by either party. 3. Said company shall, by power of attorney duly process; ap- acknowledged and authenticated, and filed by it in the office of the auditor, appoint some person residing in the State to accept service of process and notice, in this State, for the said company; and by the same instrument shall declare its consent that service of any process or notice in this State on said attorney, or his acceptance of service endorsed thereon, shall have the same effect as if served on him in the county where the surety is given or where the suit is instituted, and shall, in all respects, have the same effect as service thereof upon the company. And thereafter such acceptance by the said attorney, or service upon him, anywhere in this State, shall be equivalent to service in the county where the suit was brought, and for all purposes, to service upon its principal. -effect of service on, or acceptance by such attor ney. (House Bill No. 264.) CHAPTER 87. AN ACT to amend and re-enact chapter fifty-eight of the Acts of one thousand eight hundred and ninetynine, entitled "An Act to create an Advisory Board to investigate applications for pardons," approved February 25, 1899. [Passed February 13, 1901. In effect 90 days from passage Approved February 15, 1901.] amended. Be it enacted by the Legislature of West Virginia: dons; mem pointed. -who to be. 1. The governor of the State shall on the first Mon- Board of parday of April, in the year one thousand nine hundred bers of, how and three, or as soon therafter as convenient, appoint and when aptwo competent persons having the qualification of voters, not more than one of whom shall be from the same political party, and who shall be appointed from the two political parties receiving the highest number of votes at the last preceding election, to investigate -duties of. all applications for pardon, commutation of sentence, reprieve and remission of fines, and to make recommendations to the governor thereon. 2. The term of office of one of the persons so ap- Term of office. pointed shall begin on the first day of June next after his appointment and continue two years, and until his successor is appointed and qualified, and the term of office of the other person so appointed shall begin on the first day of June next after his appointment and shall continue four years, and until his successor is appointed and qualified. Every two years after the regular first appointment the governor shall, in like manner, appointment; appoint a person of like qualifications, and from the same political party as the member whom he succeeds, who shall serve for four years and until his successor shall be appointed and qualified. When the first ap-governor to pointment is made hereunder, the governor shall des- terms, when. ignate which of the persons so appointed shall continue in office for two years, and which of the persons SO appointed shall continue in office term designate -vacancy. for four years. In case of vacancy by death, resignation or otherwise, the governor shall appoint a successor to fill such vacancy for the unexpired term. Official name. 3. The present advisory board existing under said chapter fifty-eight of the Acts of one thousand eight hundred and ninety-nine, and persons appointed under provisions of this act when organized, shall be known as the "West Virginia Pardon Board." Meeting of board, when. -place. -warden to provide for each meeting, what. President, -term and duties. 4. The board shall meet on the first Tuesday in April, July and October, one thousand nine hundred and one, and on the first Tuesday in January, April, July and October thereafter, at Moundsville, for the purpose of transacting such business as may come before it; and the warden of the penitentiary shall furnish said board a suitable room properly provided with everything necessary to enable it to transact the business that may come before it. 5. At the meeting of the board to be held in July when chosen; one thousand nine hundred and one the board shall how. elect one of its members president, whose term of office shall be two years, and until his successor shall be appointed. It shall be the duty of the president of said board to preside over its meetings, preserve order, and call special meetings of the board whenever in his judgment, the public interest requires it. -special meetings. Applications for pardon, etc., how made. -action of board. 6. Every application for pardon, reprieve, commutation of sentence or remission of fines shall be made directly to the said board, after ten days' notice in writing, that said application will be made, has been given to the prosecuting attorney of the county in which said person was indicted; and said board shall, as soon as may be, and after hearing all testimony and argument that may be offered for or against said pardon, reprieve, commutation of sentence or remission of fine, carefully consider the same, and shall with closed doors pass upon the same, and shall in writing recommend to the governor the advisability of granting or refusing the pardon, reprieve, commutation or remission of fine. They shall also transmit to the governor a full and concise statement of the facts in each case, together with all papers and documents pertain -no applica- ing thereto. But no application for pardon shall be considered when the applicant has pending in the supreme court of appeals of this State, an application for writ of error, or a writ of supersedeas. --closed doors. -recommendation to governor. -statement. tion consid ered, when. ernor may act 7. In a case in which it is made to appear to the When gov. satisfaction of the governor, that there is imminent of himself in danger of the death of a person imprisoned in the pen-ons, etc. granting paritentiary or jail, the governor may dispense with all the foregoing provisions governing the granting of pardon, reprieve or commutation, or when from any other cause it appears proper so to do. ment of; qual duties. 8. The board shall have power to appoint a clerk, Clerk; employ who shall be a competent stenographer, whose duty ifications; it shall be to keep a complete and perfect record of the proceedings before said board, in a well bound book and to issue all papers necessary, and who shall be the custodian of the books, records and papers of said board, under its direction. He shall be removable at -removal. the pleasure of the board. The clerk shall take the oath prescribed by the constitution of this State and shall receive for his services such sum out of the ap-compensapropriation made for the per diem and expenses of the paid. board, as the said board shall fix and determine. tion and how administer 9. The members of the board and said clerk shall Power to each have authority to administer oaths to witnesses oaths. and others who may come before the board. punish for 10. The board shall possess the same power to Power to punish any person for contempt which is exercised by contempt; the circuit courts of this State. In all such cases the rules and principles governing such courts shall govern rules to the board. govern. 11. Each member of the board shall receive as Compensation of memcompensation for his services all reasonable expenses bers. incurred in the discharge of his duties, and seven dollars and fifty cents per day for each day he shall be actually employed in the discharge thereof, but no-no mileage. mileage shall be paid to any member of the board. report of of expenses. 12. The board shall make a bi-ennial report to the Biennial governor, on the first day of October next preceding board. each session of the legislature, setting forth its action for the two years last past, together with an item- -statement ized statement of expenses incurred in the maintenance of the said board. The report shall be laid -duty of before the legislature by the governor who shall ac- to such. company it by a statement showing his action in the premises. governor as |