new board, when ap remove and as to resi 7. Said Berkeley Springs board shall consist of Members of five members, to be appointed by the governor, as how and soon as practicable after the fourth day of March, pointed. one thousand nine hundred and one, and the governor shall have power to remove any member at his dis--power to cretion, and to fill from time to time any vacancy fill vacancies. therein occurring by death, resignation or otherwise. No two members of said board shall reside in the restriction same county, nor shall any one of said board be ap-dence of mempointed from any county adjoining or adjacent to the county of Morgan. That before entering upon the oath of duties herein provided for, each member of said board shall take an oath, before some officer authorized to administer the same, to support the constitution of the United States and the constitution of the State of West Virginia, and to faithfully discharge the bers of board. members of board. duties of his office to the best of his skill and judge- -where filed ment, which oath shall be filed with the governor of and when. this State within thirty days after the notice of his appointment as a member of said board. who to exe 8. In case any sale be made of said property under Deed of sale; the provisions of this act, the deed therefor shall be cute, and executed without warranty of title, in the name of how. the State of West Virginia, by the governor, who is hereby given power to execute such deed and acknowledge the same for record. made a body powers. 9. The said members of said Berkeley Springs New board board, and their successors are hereby created a body corporate; corporate under the name of "Berkeley Springs name of. Board," with power to sue and be sued, to elect of--corporate ficers, adopt by-laws, and a corporate seal, and generally to exercise such powers as may be necessary or proper to perform the duties and obligations imposed by this act, and shall have power to enforce the provisions of any lease or deed of conveyance of said property which may be made as hereinbefore provided, and in case of any forfeiture of any such lease or deed, it shall have power as often as any such forfeiture-power to may occur to make a new lease or sale upon the lease or sale; terms and conditions hereinbefore set out. The ex- when. penses incurred by the said Berkeley Springs board expenses of or by the members thereof in carrying out the pro- new board, visions of this act and in discharging their duties thereunder shall be paid out of the treasury of the make new members of how paid -per diem. Acts repealed. State, and the auditor shall from time to time issue his warrants therefor upon certificates of the president and secretary of said board approved by the governor. The expenses of the members of said board shall include the sum of four dollars per day to each member for each day spent in the discharge of his duties hereunder. 10. All acts and parts of acts in conflict or inconsistent herewith are hereby repealed. Preamble reciting the reasons and ne cessity for re assessment of real estate in Mercer and Tyler counties. Mercer and Tyler counties divided into two assessment dis tricts, for what purpose. Tyler county; first assess (House Bill No. 19.) CHAPTER 129. AN ACT to provide for the reassessment of the value of all the real estate in Mercer and Tyler counties, West Virginia. [Passed February 1, 1901. In effect from passage. ary 9, 1901.] Approved Febru Whereas, By reason of the fact that no competent person would serve for the compensation provided in making a reassessment of the real estate in the counties of Mercer and Tyler under the provisions of the acts of the legislature of one thousand eight hundred and ninety-nine, chapter twenty-one, providing for the reassessment of the real estate in the several counties of this State, and in consequence thereof no actual reassessment of the real estate was in fact made as provided in said act in either of said counties; therefore, Be it enacted by the Legislature of West Virginia: 1. That Mercer and Tyler counties for the purpose of having a proper reassessment of the valua tion of the real estate therein shall each be divided into two assessment districts for the assessment of the real estate and minerals therein only under the provisions of this act. The first assessment district of Tyler county shall ment district. consist of all the lands and minerals lying within the boundaries of Ellsworth and Lincoln districts; the trict. sessment dis second assessment district shall consist of all the second dislands and minerals lying within the districts of Centerville, McElroy, Meade and Union. The first assess Mercer counment district of Mercer county shall consist of all the ty; first aslands and minerals lying within the boundaries of trict. Beaver Pond and East River districts; the second as--second dissessment district of said county shall consist of all lands and minerals lying within the boundaries of Plymouth, Jumping Branch and Rock districts. trict. ment commis and when ap 2. The county court of each of said counties of Re-assessMercer and Tyler shall as soon as possible, after this sioners; how act takes effect, recommend three capable and dis- pointed. creet men from each of the said assessment districts, out of which number the board of public works shall appoint one commissioner for each of said districts and who inel in each of said counties who shall be a resident free--who eligible holder of the district wherein the appointment is igible. made, and who shall not be a land broker or specu lator in lands, minerals, oils or gas royalties, and whose duty it shall be to reassess the value of all real-duty. estate in his assessment district. missioner. condition, conditions. 3. Each commissioner so appointed shall, within Bond of comten days after notice of his appointment, execute a bond with security in the penalty of four thousand-penalty, dollars conditioned for the faithful performance of and approval. his duties, to be approved by the county court of his county, or the clerk thereof in vacation, with two or more good securities, and shall take an oath to sup--oath and its port the constitution of the United States, the constitution of this State, and that he will faithfully and impartially discharge the duties of his office to the best of his skill and judgment, and that he will neither directly nor indirectly receive nor agree to receive any gift or reward from the owner of any lands in his assessment district, or any other person, to influence his action in the making of such asssessment, and that he will assess all the real estate, minerals, oils and gas royalties in his district without bias, fear or favor. The said bond and oath shall be-where bond filed in the office of the clerk of the county court of duty of clerk his county, who shall certify a copy thereof within five days thereafter to the auditor, and also furnish the auditor the post-office address of each commissioner. and oath filèd; of court. commissioner vacancy in If either of the said commissioners so appointed-failure of fail to qualify and give bond as herein required, with- to qualify; in the time prescribed, or in case either should die or office; what resign or in any way the office becomes vacant before then." making or completing his valuation, a successor shall be immediately appointed, as hereinbefore provided, who shall at once give bond and qualify as herein prescribed, and enter upon the discharge of the duties of the office. furnish books tions. 4. The auditor shall, as soon as possible, cause to Auditor to be provided for each commissioner three books simi- and instruc lar in form to the assessors' land books, with such changes as the nature of the work requires, and shall also furnish each commissioner with instructions describing in detail the manner in which he is to arrive at proper valuations of the real estate under the provisions of this act, and the manner of making up his books and returns. to begin. to commis 5. Each commissioner so appointed and qualified, Re-assessshall, on or before the first day of March, one thousand ment, when nine hundred and one, or as soon thereafter as practicable after receiving the books and instructions to be furnished by the auditor, and which shall be sent -delivery of to the clerk of the county court of each of said coun- books, etc.. ties and be by him, at his office, delivered to each of sioners. said commissioners, whose duty it shall be to proceed duties. to examine, in person, all the tracts of land and town lots, with buildings and improvements, if any thereon, within his district; and shall upon examination, and in accordance with his instructions, and the provisions of this act, ascertain and assess the fair cash to assess value thereof, and in such assessment the minerals, value. oil and gas underlying the developed and producing -minerals, leaseholds, and the location of the lands, shall be con- etc., to be sidered by the commissioner in ascertaining the value of such land, in current money; and when mineral, mineral water, oil, gas or coal privileges or royalty interests, are held by a party or parties, or any company, association or organization, exclusive of the sur- minerals, etc., face, the privileges or royalty interests shall be assessed separately, to such party or parties, company, association or organization, at its cash or market value at the time of such re-valuation; and the said commissioner, in order to assist him in ascertaining the fair cash considered. separate assessment of when. etc., to be arately; -owner or ined. and fixing the value of said lands and mineral grants minerals, or royalty rights shall, when practicable, examine assessed septhe owner of said lands, or in the absence of the owner when. of said lands, mineral grants or royalty interests, his local agent local agent, and in order to further aid the commis- may be examsioner in the discharge of his duties he shall have ac- -access to cess to the records in the office of the clerk of the records of clerk's office. county court of his county, and he may, if he should deem it advisable, further examine the owner of ad- adjacent jacent lands, mineral grants or royalty rights under lands. oath, and he shall act in all cases upon his own judgment and upon all the information he can obtain as to such value. -owner of of lots within In ascertaining and fixing the value of any land valuation within the limits of any city, town or village or else- any city, etc. where, which has been laid off into lots and opened up as lots by the construction and maintenance of roads and streets through the same, the said commissioner shall adopt as the value of such land, the value therof as so laid off into such lots, valuing the same by the lot and not by the acre or tract. And to further assist him, the commissioner may require the own production er of the land, mineral right or royalty grant to produce the lease, deed or the title bond, or other evidence of title, for examination; and he shall obtain from the clerk of the county court of his county, a copy of the copy of land land books of the assessment district he is to assess, furnished. made for the year one thousand nine hundred, and carry it with him for reference in making this assess ment. of lease, deed, etc. books to be entries on 6. In all cases, where it is practicable, the com- Verification of missioner shall exhibit the entry of any lands, city of land books. town lots, found on said books, to the owner of said lands or lots, or his agent, and ascertain from him if the said entry be correct, as to the location, title and quantity, as well as the value of any buildings or the addition to any buildings, which may have been placed thereon since the last assessment, and which have not been assessed, and may require such owner -owner, etc., or agent to answer on oath questions relative to such may be lands or lots, and the entry thereof, as may be pertinent for this purpose, as well as to ascertaining the true value of all real estate in each of said counties. The commissioner shall be authorized to administer said oath. Any person refusing to be sworn, or to answer-refusal to be sworn. |