74 PREVENT THE SPREAD OF CONTAGIOUS DISEASES. [CH. 21 cate stating that fact. Should he find any contagious or infectious disease prevailing, he shall then proceed as authorized in section seven of this act. -veterinari- shall further be the duty of said consulting veteri an; duties as to dairy herds. -compensation of; by whom paid. It narian, under the same direction and control, to visit annually,at such time as the secretary may direct,and inspect, and, if deemed necessary, thoroughly test all dairy herds of ten or more cows within this State, the products of which are sold to the public. Should the animals prove to be free from any contagious or infectious disease, said veterinarian shall issue to the owner or owners of such herd, a certificate to that effect. Should any of the animals prove to be affected with tuberculosis or any other disease of a dangerous nature, it shall then be the duty of said veterinarian to proceed as authorized in section seven of this act. For such services as are not prescribed for in this act, said consulting veterinarian shall receive a per diem of four dollars per day, for actual time of service, which shall be paid by the owner or owners of animals that are examined. The actual traveling and other expenses incurred by said veterinarian whom paid, shall be paid by the state board of agriculture out of current appropriations for the purpose, on an order signed by the president and secretary of the said board. Full and complete reports of all services performed by the veterinarian shall be promptly made to the said secretary, on such blanks as he may supply and in such form as he may require. -traveling expenses: by and how. -reports. Further report to seeretary. Examina sulting veterinariau, of what and cision final. 5. That it shall be the duty of the consulting veterinarians having cases in charge, to report the same fully and promptly to the said secretary, in such form as he may prescribe. 6. That when in the judgment of the secretary of tions by con the board public interest and safety demand it, he may give written authority to any consulting veterwhen: his de inarian of the board, who shall be a graduate of some reputable veterinary college, to examine any animal or animals, or any buildings or farms, suspected, and the decision of such veterinarian, after proper examination and under the provisions of this act, and such rules and regulations, as the board may prescribe, shall be final, and said veterinarian may proceed to quarantine, to destroy, to order burned or buried, or to take any other action authorized by this act, and the rules of said board. For such services the veterinarian shall receive a per diem of four dol -may take what action. -his com pensation. CH. 21] PREVENT THE SPREAD OF CONTAGIOUS DISEASES. 75 lars per day, and actual expenses while engaged, which shall be paid out of the current appropriations made for the enforcement of this act, and on an order signed by the president and secretary of the board. ment. 7. That when it shall be found necessary or expe- Animals may be killed, dient to kill any animal or animals, to prevent the when. spread of contagious or infectious diseases, it or they shall first be appraised by three disinterested and sworn appraisers, who shall have due consideration -appraiseof the actual condition of the animal or animals at the appraisement, and the owner or owners of such animal or animals so destroyed shall be entitled to receive from the secretary of the board of agricul-compunsature a certificate of value, as appraised by said appraisers, subject to the consent and approval of said board. For such services each appraiser shall receive a per diem of one dollar per day, to be paid out of current appropriations made for the enforcement of this act, and on an order signed by the president and secretary of the said board. of owner. -of apprais ers. value, how paid. -proviso. 8. That at the end of each fiscal year, the holders of Certificates o such certificates of value shall be paid the same from and when the current appropriations made for the purpose: prorided, that the amount to be paid on such certificates in any one year shall not exceed the sum of five thousand dollars, which amount shall be paid pro-rata at the end of each fiscal year, on an order signed by the president and secretary of the state board of agriculture. 9. That for the economical eradication of conta- Co-operation with U. gious or infectious diseases of domestic animals, the s. officials. secretary of the state board of agriculture shall have power, with the approval and consent of said board, to arrange for and carry into effect terms of co-operation with the proper officers of the nationai government. 10. That all acts, or parts of acts inconsistent here- Acts repealed. with, are hereby repealed. (Senate Substitute for House Bill No. 29.) CHAPTER 22. AN ACT creating the West Virginia State Service. [Passed Februapy 21, 1901. In effect 90 days from passage. Approved 76 WEST VIRGINIA STATE SERVICE COMMISSION. CH. 22 Governor empowered to mission. who to be president of. -to prepare blanks. Be it enacted by the Legislature of West Virginia: 1. That the governor of West Virginia be and he appoint com- is hereby empowered to appoint a commission of two citizens, who shall be chosen from the two political parties casting the greatest number of votes, each respectively, at the last preceding general election, who, together with the adjutant general, who shall be president of said board, shall constitute a board to be known as the West Virginia state service commission, who shall meet as soon as may be after their apand distribute pointment and prepare for free distribution the necessary blanks to be used in the proof of all claims hereinafter provided for, and said West Virginia state service commission shall hold meetings in the office of the adjutant general as follows: on the first Tuesday in October, one thousand nine hundred and one, and the first Tuesday in February, June and October, one thousand nine hundred and two, respectively, for the purpose of receiving and passing on the proof of all claims for active ser vice, either for this State or the United States, during the late civil war, whether as home Proof; who to guards or militia. All proof furnished the said -meetings, when held. -purpose of meetings. furnish. -what to show. commission shall be on blanks furnished by the commission or in the same form, and the said proof must be filed by the party who rendered the service or his personal representative, and not by any assignee of such person. Said proof shall show the address of such person now and at the date said service was rendered; the length of such service in months and days, the kind of such service rendered, and whether the same was rendered as a private or as an officer; and if as an officer the rank held: whether the soldier has been paid therefor or any part thereof, and any and all other facts of which the said commission may see proper to require proof. At -commission each of said meetings the said commission shall consider the proof filed by such soldier or his personal representative, and determine the amount due such soldier for such service, reckoning the same pay to each soldier as that which is allowed by the United -to keep rec- States for like service in the army. They shall keep a record of their findings in a suitable book to be kept by said commission, and the said commission shall deliver to the soldier or his personal representative a certificate of the amount due and unpaid him for such service. The said commission shall give no to consider proof, and determine amount due. ord of find ings. -to deliver certificate. tice of meet -quorum. -compensa tice of all said meetings, their purpose, and nature -to give noof the proof required, by publication in one news- ings: how. paper in each county of this State for four successive weeks before the first of said meetings. Any two of said board shall constitute a quorum. The members of said commission shall each receive four dollars per tion of. day for their services and lawful mileage. They shall -clerk, and appoint a clerk who shall receive a salary to be fixed his salary. by said commission, but not to exceed five hundred dollars. The said commission shall make a printed report of their findings showing the name of each sol-report; dier to whom there is anything due and unpaid for what to his service, the amount thereof, and his address, and such other matters as they may deem necessary. Said -to whom report shall be made to the governor on or before made, and the first day of January, one thousand nine hundred and three, and by him laid before the Legislature at its next bi-ennial session following said report. show. when. (Senate Bill No. 50.) CHAPTER 23. AN ACT making it a misdemeanor and prescribing the punishment therefor, for removing personal property covered by mortgage or deed of trust out of the county where situated when the deed of trust or mortgage is given, without consent of the beneficiary. [Passed Febraury 14, 1901. In effect 90 days from passage. Approved February 19, 1901.] Be it enacted by the Legislature of West Virginia: sonal prop gagor, out of County: unless owner of A mortgagor of personal property or grantor in a Unlawful to deed of trust conveying personal property, in posses- remove persion of same, who, without the consent of the owner erty by mortof the claim secured by such mortgage or deed of trust, and with intent to defraud, removes or causes by consent of to be removed, any of the property mortgaged or cov- claim, etc. ered by such deed of trust out of the county where it was situated at the time it was mortgaged or conveyed by deed of trust, or with intent to defraud, secretes or sells the same, or converts the same to his -penalty. own use, shall be guilty of misdemeanor, and on conviction thereof fined not more than five hundred dollars, or imprisoned not more than six months, or both. Wilfull damage to livery property hired or (Senate Bill No. 170.) CHAPTER 24. AN ACT making it a misdemeanor to wilfully or improperly damage or destroy the property of livery stable keepers, in cities of over three thousand population, in this State, when in the custody or possession of bailees. [Passed February 20, 1901. In effect 90 days from passage. Approved February 22, 1901.] Be it enacted by the Legislature of West Virginia: 1. Whenever hereafter any bailee or bailees for hire or loan of any property of any livery stable keeper, in cities of over three thousand population in this State, loaned, deem- shall wilfully or with gross negligence damage or ed what offence. destroy the property of any one as aforesaid, while the same is in the custody or possession of said bailee or bailees, the person or persons so offending shall be taken and deemed guilty of a misdemeanor, and upon conviction, shall be fined or imprisoned as hereinafter set forth, at the discretion of the court, and shall be liable to said owner or owners of said property for in civil action, the value thereof, or the injury done in the same, in a civil action, either in the circuit court or before a justice of the peace as like amounts are now by law recoverable. liable also for what. Damages from im 2. Any damage or damages done to the property of any livery stable keeper, in cities of over three thouduct, a mis- sand population in this State, by careless driving or im proper con demeanor; how punished. proper conduct, while in the custody or possession of any bailee or bailees to whom the same may have been hired or loaned, shall be taken and deemed to be a misdemeanor, punishable by fine or imprisonment at the discretion of the court as hereinafter set forth. 3. Whenever hereafter any bailee or bailees for punished and hire or loan of any property of any livery stable keeper, in cities of over three thousand population in Persons offending, how for what lia ble. |