AN ACT to amend and re-enact section seven of chapter seven of the Code of West Virginia of 1899, relating to the removal from office of county and district officers. [Passed February 13, 1901. In effect 90 days from passage. Approved February 16, 1901.] Be it enacted by the Legislature of West Virginia: 1. That section seven of chapter seven of the code code of West Virginia of 1899, be amended and re-enacted amended. so as to read as follows: cers, removal for what therefor. 7. Any county or district officer including any county or member of a board of education may be removed district offifrom office for official mis-conduct, incompetence, ha- of from office; bitual drunkenness, adultery, neglect of duty, or gross causes and immorality. Such removal shall be made by the cir- proceedings cuit court of the county wherein such officer resides. The charges against any such officer shall be reduced to writing and entered of record by the court, and a summons shall thereupon be issued by the clerk of such court containing a copy of the charges, and requiring the officer named therein to appear and answer the same on a day to be named therein, which summons may be served in the same manner as a summons commencing an action may be served, and the service must be made at least five days before the return day thereof. And the court itself shall, without a jury, hear the charges and upon satisfactory proof thereof remove any such officer from the discharge of the duties of his office, and place the records, papers, etc., of officer and property of his office in the possession of some other officer or person for safe keeping until the vacancy is filled. Any vacancy created under this sec- vacancies in tion in the office of commissioner, clerk of the county such cases. court, constable, and justice of the peace shall be filled by the county court of the county until the next general election, and any vacancy so created in the of fice of prosecuting attorney, clerk of the circuit court, and all other county and district officers not herein enumerated or otherwise provided for by law, shall be filled by the circuit court of the county, or the judge thereof in vacation, until the next general election. -records, removed. how filled. 2. All acts or parts of acts, inconsistent herewith, Acts repealed. are hereby repealed. Code amended. Assessors, their compen ---commissions. (House Bill No. 1.) CHAPTER 103. AN ACT to amend and re-enact section eighty-nine of chapter twenty-nine of the Code of West Virginia. [Passed February 11, 1901. In effect 90 days from passage. Approved February 18, 1901.] Be it enacted by the Legislature of West Virginia: That section eighty-nine of chapter twenty-nine of the code of West Virginia be amended and re-enacted so as to read as follows: 89. Every assessor shall be entitled to receive in sation. consideration of his services, to be paid out of the county treasury, as other claims against the county are paid, such reasonable compensation as the county court shall determine, not less than three hundred nor more than five hundred dollars per annum, and in addition thereto shall be allowed a commission of three per centum on the amount of state and state school taxes assessed by him on the personal property of his county or assessment district, which allowance shall be in addition to the fees allowed in section eightyseven of this chapter and shall be in full for all services performed under the provisions of this chapter, including the extension of the levies for state, free school, county and district purposes. There may be -special pro- allowed in Ohio county, to be paid out of the county treasury, to the assessors of such county, such further sums respectively as to the board of commissioners of said county may seem just; and to each assessor in Kanawha county, such sum not exceeding nine hundred dollars, as to the county court of said county may seem just; and to each assessor in Fayette county such sum, not exceeding nine hundred dollars, as to the said county court of said county may seem just; and to each assessor in the counties of Harrison, Marshall, Randolph, and the first assessment district of the counties of Cabell, and McDowell, such sum, not exceeding six hundred dollars, nor less than three hundred dollars, as to the county court of said counties of Harrison, Marshall, Cabell, Randolph and McDowell, may seem just; and to the assessor of the first assessment district of the county of Wood, such sum, not exceeding twelve hundred dollars, as to the coun visions as to allowances by certain counties. limiting max county. ty court of said county of Wood may seem just: pro- proviso, vided, that the whole amount allowed to the assessor imum allowof the district in which the greater part of the city of ance in Ohio Wheeling is situated, shall not exceed fifteen hundred dollars, and the whole amount allowed to the other assessor in such county shall not exceed twelve hundred dollars. The clerk of the county court shall be compensaentitled to receive such reasonable compensation for ton to clerks services rendered under this section, other than for courts. making out the land books, as the county court may allow, to be paid from the county treasury. of county (House Bill No. 143.) CHAPTER 104. AN ACT to amend and re-enact section twelve of chapter eighty-two of the Code of West Virginia of 1899. [Passed February 12, 1901. In effect 90 days from passage. Approved February 12, 1901 ] Be it enacted by the Legislature of West Virginia: That section twelve of chapter one hundred and code forty-nine of the Acts of 1872-3, as found in chapter amended, eighty-two of the code of 1899, be amended and re-enacted so as to read as follows: time may in vest or loan ward's mon : interest. guardian is 12. Whenever a guardian shall collect any princi- Guardians; pal or interest belonging to his ward, he shall have within what thirty days to invest or loan the same, and shall not be charged with interest thereon until the expiration of said time, unless he shall have made the investment previous thereto, in which case he shall be charged with interest from the time the investment or loan was made: provided, however, that if by due diligence-if by due any guardian is unable to loan any principal or in- diligence terest belonging to his ward within the time aforesaid, unable to loan he may file his petition in the circuit court of the coun- ward, what ty in which he qualifies as such guardian, setting out fully the facts, which petition shall be verified as pro- proceedings vided by section forty-two of chapter one hundred and on petition." twenty-five of the code, and of the filing of which petition ten days notice shall be served on the ward, and the circuit court or the judge thereof in vacation, shall appoint a guardian ad litem for the defendant to said funds of then. court may petition, who shall answer said petition under oath, and thereupon the court or judge thereof in vacation shall hear the matters arising upon said petition, upon affidavits or depositions duly taken and returned, but such guardian ad litem shall in all cases be personally present at the hearing; and such court or judge there-what order of in vacation, if it be made to appear that such guardian has been unable to loan the funds of his ward as hereinbefore required, may make such order in relation to the loan and investment of the funds in the hands of such guardian, as may be to the best inter--not liable to ests of the ward. But pending a hearing upon said pending hear- petition, such guardian shall not be chargeable with interest on the funds in his hands uninvested, unless the court or judge otherwise order. make. pay interest ing, unless. etc. Code amended. Sale of delinquent lands for taxes; duty of auditor as to lists to be made out. (Substitute for Senate Bill No. 14.) CHAPTER 105. AN ACT to amend and re-enact section four of chapter thirty- one of the code, relating to the sale of lands returned delinquent for the non-payment of taxes. [Passed February 20, 1901. In effect 90 days from passage. Approved February 22, 1901.] Be it enacted by the Legislature of West Virginia: That section four of chapter thirty-one of the Code of West Virginia be amended and re-enacted so as to read as follows: 4. On or before the first day of November in each year, the auditor shall cause to be delivered to the sheriff or collector of taxes for every county two lists of the real estate therein, which, at the time said lists are made out, shall have been returned delinquent for the non-payment of taxes thereon for any previous year and not previously sold therefor, and on which the taxes and interest, or any part thereof, shall remain then unpaid and not released or otherwise dis-what such charged, with a statement of the several amounts due for state and state school taxes; county taxes for all purposes; school district and independent school dis trict taxes; other district taxes for all purposes, and lists to specify. interest. sold not to be municipal corporation taxes for all purposes, on each tract or lot for each year with interest on each amount from the twentieth day of January in the year succeeding that in which such taxes were levied until the first day of November in the year such list is delivered as aforesaid to the sheriff, or collector, at the rate of twelve per centum per annum added there- -rate of to. But if the real estate has been sold for the nonpayment of taxes, the same shall not be charged with, lands once or again sold on account of any taxes for any year again sold for previous to that for the taxes of which the same was taxes due for a previous made; except, that if for any cause a previous sale of real estate purchased by, or in behalf of the State, has exception, been or shall be set aside by any court, and the taxes for which it was or shall be sold, have not been paid, the auditor shall include in such lists all such real estate, and the same shall be sold for the taxes and interest due thereon for the years for which it was previously sold, in like manner and with like effect as the other real estate mentioned in said lists. year turned delin afterwards another by 5. When by the formation of a new county, or the Lands rechange of the boundary between two counties, any quent in one tract or lot returned delinquent for non-payment of county and taxes in one county shall after such return be included included in in another, the clerk of the county court of the county change of in which such land was included shall certify the same to the auditor before the first day of June in each year, duty of in order that the same may be entered in the list to be clerk in reladelivered pursuant to the preceding section to the tion thereto. sheriff or collector of the county in which the said tract or lot is situated. boundary lines, etc: county court |