Oath of office. Additional pay, gift, etc., prohibited. Power to make rules, etc. Present mem bers, provision relating to. Acts repealed. 13. Before proceeding to act hereunder, any member of the said board, hereafter appointed, shall take an oath to support the constitution of the United States and the constitution of West Virginia, and faithfully discharge the duties of his office to the best of his skill and judgment. 14. No member of the board shall receive, from any source whatever, any additional pay, gift or consideration for his services in the discharge of his duties under this act. 15. The board shall have power to make such rules and regulations from time to time, for the government of its proceedings as may seem proper. 16. The present members of the board shall continue in office until the end of their term, and shall discharge all the duties required of the board by the terms of this act. 17. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Code amended. National (House Bill No. 173.) CHAPTER SS. AN ACT to amend and re-enact sections fifty, fifty- [Passed Febraury 16, 1901. In effect 90 days from passage. Approved February 21, 1901.] Be it enacted by the Legislature of West Virginia: That sections fifty, fifty-one and one hundred of chapter eighteen of the code of West Virginia be amended and re-enacted so as to read as follows: 50. The commander-in-chief shall cause the Naguard; camp tional Guard to perform ten consecutive days of duty, when, camp duty in each year, either by brigade, regiment or battalion, between the first of August and the first of October, and designate the time and place therefor. etc. 51. Officers and enlisted men shall be warned for Warned for duty, how. duty in the manner prescribed by the commander-inchief in orders or regulations. No person belonging to the miltary forces of the State while performing military duty, under proper orders of their superior officers, shall be arrested on civil process, nor shall any person belonging to the military forces of the free from State while performing military duty, under proper civil process, orders of their superior officers, be arrested on crim- when; also on inal process, except upon process issued from a cir- cess, unless, cuit or criminal court or a judge thereof in vacation. arrest on criminal pro etc. to be. organized, cadets, how sentence. right of expelled, etc. appeal, if 100. The military department of the West Vir- Training ginia University shall be the training school of the school, what West Virginia National Guard. Cadets receiving free -free tuition; tuition shall be organized into a corps, which cadet cadets receiv corps, in its military duties, shall be governed by the ing, how rules and regulations adopted from time to time by etc. the board of regents. Cadets shall have the right, if trial of they so elect, to be tried, for purely military offences, and where. by courts-martial organized from members of the cadet corps, by the commandant of cadets, and all sentences must receive his approval before being car-approval of ried into effect. Should any cadet be suspended or expelled from the cadet corps by the sentence of a court-martial, he shall, if he feels aggrieved, have the right of appeal to the governor of the State for redress, in which case all records of the court shall be all records forwarded to the governor for final action, who shall forwarded. have authority therein to approve or disapprove the -power of entire proceedings or any part thereof. Services in the corps of cadets shall be recognized military ser- service in vice. The system of drill and instruction shall con- cadets. form as far as practicable to the system of drill and instruction of the National Guard. Cadets satisfac- drill, etc. torily completing the course of instruction in military cadets eligi science and tactics shall be eligible within five years, missions, after graduation, to commission to the grade of first when and to lieutenant in the National Guard without examination. The expenses incurred in the organization and equipment of the corps of cadets shall be paid out of how paid. the appropriation made for the West Virginia University. governor. corps of system of ble to com what grade. expenses cadet corps, Code amended. Hunting, etc.. on enclosed lands of another, mission, (House Bill No. 134.) CHAPTER 89. AN ACT to amend and re-enact sections two and thirteen of chapter sixty-two of the Code of one thousand eight hundred and ninety-nine. [Passed February 2, 1901. In effect 90 days from passage. Approved Februay 6, 1901.] Be it enacted by the Legislature of West Virginia : That sections one and thirteen of chapter sixty-two of the code of one thousand eight hundred and ninetynine, be amended and re-enacted as follows: 2. If any person shall shoot, hunt, fish, or fowl, within the enclosed lands of another person without permission of the owner, occupier, tenant or agent without per thereof he shall be arrested by a justice or upon a warrant issued by a justice, and upon conviction thereof he shall be fined by the justice five dollars and costs, for each offence, which fine shall be paid into the treasury of the county for the benefit of the free schools. penalty. -third to be done. what unen closed lands. When any person in convicted a third time of said offence, what offence, the justice rendering the judgment therefor, shall require him to give a recognizance, with good security, in a sum of not less than one hundred dollars for his good behavior for a year; or, if he fail to give such security, commit him to jail for one month unless it be sooner given. Such recognizance shall be forfeited if such person offend as aforesaid within the time limited in the recognizance. And the provisions -to apply to of this section shall apply to the unenclosed lands of any person of any district of any county from and after the order of the county court of the county made to that effect. The county court of any county shall, upon the petition of ten or more freeholders of such district being filed in such court, by an order entered of record, order that the provisions of this section shall apply to all lands within such district, or to such lands within such district, as the owners thereof shall subscribe their names upon said petition, and -publication such order shall be published once a week for four consecutive weeks in some newspaper published in such county, and posted for a like period at the front door of the court house of such county. The expenses of such publication shall be paid by such petitioners. -may apply to all lands in district, when. and posting of order. -expenses. charge fire 13. No person shall shoot in the public road at any Unlawful to time, nor when shooting on the lands of another shall shoot or disdischarge any firearms on any lawn, pleasure ground arms, where. or orchard or other ground which is directly appurtenant to or within gunshot of an occupied dwelling house. The penalty for violating this section shall be -penalty. a fine of not less than five dollars nor more than twenty-five dollars, or imprisonment not more than twenty days, or both, at the discretion of the court, and pay the cost of the prosecution. 2. All acts and laws inconsistent with this act Acts repealed. are hereby repealed. (House Bill No. 172.) CHAPTER 90. AN ACT to amend chapter sixty-two by adding section twenty to the Code of West Virginia, concerning the skunk or polecat. [Passed February 8, 1901. In effect 90 days from passage, Approved February 16, 1901.] Be it enacted by the Legislature of West Virginia: That chapter sixty-two of the code of West Vir- Code ginia, be amended by adding an additional section amended. thereto, as follows: tection of, in ties. extend to 20. It shall be unlawful for any person at any time, Polecats or to catch, kill or injure or to pursue with intent to skunks; procatch, kill or injure the skunk or polecat, except in what coundefence of property, in the counties of Jackson, Marshall, Wood and Brooke. The provisions of this act -provisions shall extend to all the other counties of the State: of act may provided, that the county county court of any county, other counupon the petition of two hundred voters of the county, direct to have the same enforced in their said county. Any person violating this section shall be guilty of a penalty for misdemeanor, and upon conviction thereof shall be violations. fined not less than thirty-five dollars, nor more than fifty dollars, and may at the discretion of the court or justice trying the case, be confined in jail not more ties. than thirty days, nor less than fifteen days. Any jus--powers of tice of the peace for the county in which the offence justices. was committed, shall have concurrent jurisdiction of -presump tion of guilt. all offences under this chapter, with the circuit court of the county. Any person found with any recently killed skunk or polecat skins in his possession shall be presumed to have killed the same. Code amended. Road surveyors; may take wood, stone, necessary for roads, etc. -draining. AN ACT to amend and re-enact section twenty of chapter forty-three of the Code of one thousand eight hundred and ninety-nine, in relation to roads. [Passed February 8, 1901. In effect 90 days from passage. Approved February 18, 1901.J Be it enacted by the Legislature of West Virginia: -consent of joining the same. owner. That section twenty of chapter forty-three, of the code of 1899, be amended and re-enacted as follows: 20 The surveyor of any road precinct may take from any convenient lands SO much wood, stone, gravel, etc.. gravel or earth as may be necessary for constructing or repairing any county road or bridge in such precinct; and may, for the purpose of draining any such roads, cause a ditch to be cut through any land adBut such wood and other articles shall not be taken from, nor such a ditch cut through any lot in a town or city without the consent of the owner. The surveyor shall, if required, allow a fair compensation to the owner for the articles so taken or damage done by cutting the said ditch; but if the surveyor and owner do not agree as to the amount, the same shall be ascertained according to the preceding section. The sum so agreed on or ascertained shall be paid by order of the court, out of any money applicable thereto. -compensation. -disagreement. -throwing debris, etc., on land, etc.; prohibited. -penalty. Any surveyor who shall throw, or cause to be thrown, wood, brush, stone, gravel or debris into any cultivated field, pasture or meadowland or against the fence along the road, shall upon conviction thereof be fined not to exceed fifty dollars, before a justice. |