5 appellant, or reverse the same in whole or in part if erroneous, 6 and the circuit court may retain the case for trial or remand the 7 same back to said criminal court to be further proceeded in and 8 finally determined. And the clerk of said circuit court shall, as 9 soon as practicable, transmit the decision of said circuit court to 10 the clerk of said criminal court. Sec. 22. The criminal court of Marion county and the judge 2 thereof in vacation shall, concurrent with the supreme court of 3 appeals or the circuit court of said county, or any judge of any 4 circuit court in vacation, grant the writ of habeas corpus ad 5 subjiciendum as provided in chapter one hundred and eleven of 6 the code of West Virginia; and all provisions of said chapter shall 7 be applicable thereto, and the same shall be governed as therein. 8 provided. But in no case shall the same be issued by the said 9 criminal court or the judge thereof in vacation on the applica10 tion of any person unless he shall by himself, or by some one in 11 in his behalf, apply for the same by petition showing by affidavit 12 or other evidence probable cause to believe that he is detained in 13 the county of Marion without lawful authority. Sec. 23. The prosecuting attorney of Marion county shall 2 attend the terms of said criminal court either by himself or his 3 assistant, and shall perform the duties of his office as required by 4 section six of chapter one hundred and twenty of the code. Sec. 24. Sections forty-one, forty-two and forty-three of 2 chapter forty-one of the code of West Virginia shall apply to the 3 criminal court of Marion county and the judge thereof in the 4 same manner and to the same extent as they do to the circuit 5 court of Marion county and the judge thereof. Sec. 25. The judge of said criminal court shall appoint a 2 court stenographer for said court, who shall attend the terms of 3 said criminal court and take the evidence and transcribe the same 4 when required so to do. And for his services he shall receive the 5 same compensation and be paid in the same manner as stenog6 raphers in the circuit courts of this state are paid, and the law 7 that now governs the appointment and compensation of a court 8 stenographer or reporter for the fourteenth judicial circuit shall 9 in all respects govern this appointment. Sec. 26. From and after the first term of said criminal 2 court held under this act, no grand juries shall be impaneled in 3 the circuit court, unless the judge of said circuit court directs a 4 grand jury to be summoned and impaneled at a regular or special 5 term of said court or by order entered of record. Sec. 27. If the office of judge of said criminal court be con2 tested the said contest shall be heard and determined in the same 3 manner as the election of judges of the circuit courts are de4 termined. Sec. 28. If from any cause the office of judge of said crim2 inal court shall become vacant, the vacancy shall be filled in the 3 same manner as in the case of a vacancy in the office of judge of 4 the circuit court. Sec. 29. The judge of said criminal court may be removed 2 from office for the same reasons and in the same manner as 3 judges of the circuit courts. Sec. 30. Chapter one hundred and fifty-six of the code of 2 West Virginia shall apply to the criminal court of Marion county 3 and to the judge thereof in vacation, in the same manner and to 4 the same extent that it does to the circuit court of Marion county, 5 or to the judge thereof in vacation, and the same powers may be 6 exercised within the county of Marion by said criminal court, 7 and the judge thereof in vacation, concurrent with the circuit 8 court of said county, as provided for in said chapter. All ex9 aminations, recognizances, warrants of commitment and certifi10 cates or other proceedings, made returnable to the circuit court 11 of Marion county, under the provisions of said chapter one 12 hundred and fifty-six, may be made returnable likewise to said 13 criminal court of Marion county, concurrent with the circuit 14 court of said county. Sec. 31. Chapter one hundred and fourteen of the code of 2 West Virginia shall apply to the criminal court of Marion 3 county, in the same manner and to the same extent that it does 4 to the circuit courts of the state. Senate Bill No. 4 AN ACT to amend and re-enact section three of chapter one hundred and thirty-two of the code of West Virginia relating to compensation of commissioners. Be it enacted by the Legislature of West Virginia: That section three of chapter one hundred and thirty-two of the Code of West Virginia relating to compensation of commissioners be amended and re-enacted so as to read as follows: Section 3. For the services of commissioners or officers 2 under any decree or order for a sale, including the collection and 3 paying over of the proceeds, there shall not be allowed any greater 4 commission than five per centum of the amount received by them, 5 unless the court otherwise order. And if a sale be made by one 6 commissioner or officer and the proceeds be collected by another, 7 the court under whose decree or order they acted, shall apportion 8 the commission between them as may be just. Senate Bill No. 192 AN ACT authorizing the board of education of Washington district, Pleasants county, West Virginia, to acquire land by condemnation or otherwise, not to exceed ten acres, for district high school purposes, and authorizing a special levy to pay for the same. Be it enacted by the Legislature of West Virginia: Section 1. The board of education of Washington district, 2 Pleasants county, West Virginia, is authorized to acquire land 3 by condemnation or otherwise, not to exceed in quantity ten acres 4 in one parcel, for the purpose of district high schools and grounds, 5 and may, in the year one thousand nine hundred and nineteen 6 and one thousand nine hundred and twenty, lay a special levy of 7 not to exceed fifteen cents on the one hundred dollars valuation 8 of all property situate in said district to pay for the land so ac9 quired. Senate Bill No. 203 AN ACT relating to advertisements of certain remedies. Section 1. Whosoever publishes, delivers or distributes or 2 causes to be published, delivered or distributed in any manner 3 whatsoever in the state of West Virginia, any advertisement con4 cerning a venereal disease, lost manhood, lost vitality, impotency, 5 sexual weakness, seminal emissions, varicocele, self-abuse or ex 6 cessive sexual indulgence and calling attention to a medicine, 7 article or preparation that may be used therefor, or to a person 8 or persons from whom or an office or place at which information, 9 treatment or advice relating to such disease, infirmity, habit or 10 condition may be obtained, is guilty of a misdemeanor and upon. 11 conviction thereof shall be punished by a fine of not less than one 12 hundred dollars, nor more than three hundred dollars, or impris13 onment in the county jail not to exceed six months, or both in 14 the discretion of the court. Sec. 2. Nothing in this act shall be construed as to pre2 vent legitimate and legal public notices, placards, etc., issued un3 der the direction of the state health department or as to prevent 4 sending out literature by either the state department of health or 5 the United States public health service. Sec. 3. A justice of the peace shall have jurisdiction to try 2 persons charged with the violation of this act. Senate Bill No. 30 AN ACT relating to the salaries of county officers. Be it enacted by the Legislature of West Virginia: That section forty-four of chapter one hundred thirty-seven of Barnes' code of one thousand nine hundred and sixteen, be amended and re-enacted to read as follows: Salaries of County Officers. Section 44. The annual compensation of the sheriff in each 2 county shall be as follows: Barbour county, two thousand five 3 hundred dollars; Berkeley county, three thousand dollars; Boone 4 county, two thousand dollars; Braxton county, two thousand 5 eight hundred dollars; Brooke county, two thousand dollars; 6 Cabell county, four thousand five hundred dollars; Calhoun 7 county, one thousand six hundred dollars; Clay county, one 8 thousand seven hundred dollars; Doddridge county, two thou9 sand four hundred dollars; Fayette county, four thousand dol10 lars; Gilmer county, two thousand two hundred dollars; Grant 11 county, one thousand eight hundred dollars; Greenbrier county, 12 two thousand seven hundred dollars; Hampshire county, two 13 thousand dollars; Hancock county, two thousand dollars; Hardy 14 county, one thousand six hundred dollars; Harrison county, 15 four thousand five hundred dollars; Jackson county, two thou16 sand five hundred dollars; Jefferson county, two thousand five 17 hundred dollars; Kanawha county, five thousand dollars; Lewis 18 county, three thousand dollars; Lincoln county, two thousand 19 five hundred dollars; Logan county, three thousand five hun20 dred dollars; Marion county, four thousand five hundred dol 21 lars; Marshall county, three thousand five hundred dollars; 22 Mason county, two thousand five hundred dollars; Mercer 23 county, three thousand eight hundred dollars; Mineral county, 24 three thousand dollars; Mingo county, three thousand five hun 25 dred dollars; Monongalia county, three thousand six hundred 26 dollars; Monroe county, one thousand eight hundred dollars; 27 McDowell county, four thousand five hundred dollars; Morgan 28 county, one thousand five hundred dollars; Nicholas county, 29 two thousand five hundred dollars; Ohio county, four thousand 30 five hundred dollars; Pendleton county, one thousand six hun31 dred dollars; Pleasants county, one thousand eight hundred 32 dollars; Pocahontas county, two thousand seven hundred fifty 33 dollars; Preston county, three thousand dollars; Putnam county, 34 one thousand eight hundred dollars; Raleigh county, three thou35 sand dollars; Randolph county, three thousand dollars; Ritchie 36 county, two thousand seven hundred fifty dollars; Roane county, 37 two thousand dollars; Summers county, two thousand dollars; 38 Taylor county, two thousand dollars; Tucker county, two thou39 sand two hundred dollars; Tyler county, two thousand four 40 hundred dollars; Upshur county, two thousand seven hundred 41 dollars; Wayne county, two thousand four hundred dollars; 42 Webster county, two thousand two hundred dollars; Wetzel 43 county, three thousand dollars; Wirt county, one thousand six 44 hundred fifty dollars; Wood county, four thousand dollars; 45 Wyoming county, two thousand one hundred dollars. 46 The annual compensation of the clerk of the county court 47 in each county shall be as follows: Barbour county, one thou48 sand eight hundred dollars; Berkeley county, two thousand dol49 lars; Boone county, one thousand eight hundred dollars; Brax50 ton county, two thousand two hundred dollars; Brooke county, 51 one thousand nine hundred dollars; Cabell county, four thou52 sand dollars; Calhoun county, one thousand two hundred dol53 lars; Clay county, one thousand five hundred dollars; Dod54 dridge county, one thousand eight hundred dollars; Fayette 55 county, three thousand dollars; Gilmer county, one thousand |