5 stamps, labels or tags or required by the provision of this act, or 6 who shall use the required tax stamps, labels, or tags, or who 7 shall impede, obstruct, hinder, or otherwise prevent or attempt 8 to prevent said commissioner or his authorized agent in the per9 formance of his duty in connection with the provisions of this 10 act, or who shall sell, offer or expose for sale or distribute in 11 this state any commercial feeding stuffs as defined in section 12 one without complying with the requirements of the provisions 13 of this act; or who shall sell, offer, or expose for sale or distribute 14 in this state any commercial feeding stuffs which contains a 15 smaller per centum of crude protein or crude fat, or a larger per 16 centum of crude fiber than is certified to be contained therein, or 17 who shall fail to properly state the specific name of each and every 18 ingredient used in its manufacture, shall be deemed guilty of a vio

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[Eng. S. B. No. 85 19 lation of the provisions of this act and upon conviction thereof 20 shall be fined not more than one hundred dollars for the first 21 violation, and not less than one hundred dollars for each subse22 quent violation.

Sec. 10. The commissioner of agriculure is hereby empow2 ered to enforce the provisoins of this act, and to prescribe the 3 form of tags, stamps or labels to be used to show that the in4 spection tax or fee has been paid; and to prescribe and enforce 5 such rules as he may deem necessary to carry into effect the full 6 intent and meaning of this act.

Sec. 11. The commissioner of agriculture shall pay prompt2 ly into the treasury of the state all moneys received by him on ac3 count of this act and shall draw upon the same to meet all legiti4 mate expenses incurred in the enforcement of this act. Any 5 moneys received under this act, remaining after said expenses 6 have been paid, shall, on June thirtieth of each year, be trans7 ferred to the general revenues of the state fund.

Sec. 12. Provided, That any commercial feeding stuff, manu2 factured and prepared from pure grain and sold at any mill in 3 this state at which such feeding stuff is manufactured and pre

4 pared, shall not be required to be registered and tagged.

Sec. 13. All laws or parts of laws in conflict with the

2 provisions of this act are hereby repealed.

Senate Bill No.243

[BY MR. YORK]

Introduced February 14, 1919. Referrence to Committee dispensed with, rules suspended, read a first time and ordered to its second reading.

A BILL to fix the salary of the prosecuting attorney of Wyoming county, and fixing the time and manner of the payment of the same; also providing for the appointment of an assistant prosecuting attorney of said county and fixing the salary of such assistant; and repealing all acts and parts of acts inconsistent with this act.

Be it enacted by the Legislature of West Virginia:

Section 1. The county court of Wyoming county, West Vir2 ginia, shall allow and pay to the prosecuting attorney thereof, 3 out of the treasury of said county, an annual salary of not less 4 than eighteen hundred dollars and not exceeding twenty-four hun5 dred dollars, which salary shall be paid monthly in the same manner that the salaries of other county officers are paid.

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Sec. 2. The prosecuting attorney of said county may desig2 nate, and by and with the advice and consent of the said county 3 court, appoint some competent attorney as assistant prosecuting 4 attorney of said county, and said county court may, in its dis5 cretion pay such assistant prosecuting attorney such reasonable 6 salary for his services as such assistant as said court may deem 7 proper, but such salary shall not exceed the sum of twelve hun8 dred dollars per annum. Such salary shall be paid to said as9 sistant monthly, out of the county treasury, and in the same man10 ner as the salary of other county officers is paid. Such assistant 11 shall take the same oath and perform the same duties required 12 by law of his principal. He may be removed from office at the 13 will of his principal, or for misconduct or neglect of duty. In 14 case such assistant shall be removed, the vacancy may be filled as 15 herein provided for his appointment. It shall always be discre16 tionary with said county court whether such assistant is appointed, 17 and it may at any time, by an order entered of record, stop the 18 payment of the salary to such assistant.

19

All acts and parts of acts inconsistent with this act are here20 by repealed.

ENGROSSED.

Senate Bill No. 372

[BY MR. SINSEL.]

A BILL to authorize the county court of Taylor county to appropriate and expend annually, public moneys in connection with the observance of public Memorial services on the thirtieth day of May, each year, at the United States national cemetery at the city of Grafton.

Be it enacted by the Legislature of West Virginia:

That the county court of Taylor county be, and it is, hereby authorized to appropriate and expend, annually, public moneys, not to exceed the sum of five hundred dollars annually, in connection with the observance of public Memorial services on the thirtieth day of May, each year, at the United States national cemetery, at the city of Grafton.

Senate Bill No. 19

[BY MR. LEWIS.]

Introduced by Mr. Lewis. January 13, referred to the Committe on Banks and Corporations. January 27, reported back with the recommendation that it do pass. January 28, upon order read an recommended to Committee on Banks and Corporations. January 31, reported without recommendation.

A BILL amending and re-enacting sections one, two and three of chapter seventeen, of Barnes' code of one thousand nine hundred and eighteen, and adding section three-a, relating to depository bonds and the collecting, depositing and safeguarding all moneys collected by the state, and prohibiting the treasurer from owning any stock in, or being a stockholder or officer in any depository during his term of office.

Be it enacted by the Legislature of West Virginia:

Section 1. The board of public works may designate any 2 national bank or banks chartered pursuant to the laws of this 3 state, with paid-up capital of not less than twenty-five thousand 4 dollars, as depositories of money belonging to the state, and shall 5 contract with said banks for the payment of interest thereon, at

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6 the rate of not less than two per cent per annum, for such time 7 as any deposit, or part thereof, may remain in such banks. Be8 fore allowing any money to be deposited with them they shall 9 require said depositories to give bond with good security to bẹ 10 approved by the board of public works, in a penalty of not less [S. B. No. 19 11 than ten thousand dollars, payable to the state of West Virginia, 12 conditioned for the prompt payment whenever lawfully required, 13 of any state money, or part thereof, that may be deposited with 14 them; which bond shall be renewed on the first day of May of 15 each year; provided, however, that bonds which have been given 16 prior to the passage of this act may, at the discretion of the board. 17 remain in force until the date of their expiration and they shall 18 at the date of such expiration be allowed to give bond until the 19 first of the following May. The following kinds of bonds may 20 be accepted by the board of public works:

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Surety bonds by any surety or bonding company authorized 22 to do business in this state; personal bonds by owners of real 23 estate; collateral bonds, consisting of bonds of the United States, 24 this state, or the bonds of any county, district or municipality in 25 West Virginia.

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26 All bonds shall be recorded by the secretary of state in a 27 book kept in his office for the purpose, and a copy of such bond 28 or record thereof, certified by such secretary, shall be prima facie 29 evidence of the execution and contents of such bond in any suit 30 or legal proceedings. The amount of deposit in any bank shall 31 at no time exceed the full amount of a surety bond and threeS. B. No. 19] 32 fourths the amount of a personal bond, the amount of said per33 sonal bond to be ascertained by the last assessment by the county 34 assessor of the real estate listed in such bond; three-fourths the 35 amount of all collateral bonds, the value of bonds tendered as 36 such security to be determined by the market value of same or 37 by any other equitable method adopted by the board of public 38 works; provided, however, that it shall be unlawful for any de39 pository to accept deposits from the state for an amount in excess 40 of its paid-up capital stock, and all such bonds shall be examined 41 by the board of public works at least once in every three months, 42 and whenever the bond is deemed insufficient by the board of 43 public works, additional bond shall be required. It shall be un44 lawful for any depository to charge or collect any exchange, dis

45 count or commission for the payment of any state check or checks 46 drawn upon the state funds in its possession. Any depository 47 violating any of the provisions of this act may, at the discretion 48 of the board of public works, be discontinued as a state depository. How Payments Are Made and Credited.

Sec. 2. All persons, firms, corporations or individuals, shall 2 pay all amounts due from them to the state, when due, by check, 3 draft, post office money order or express money order, payable to

4 "The State of West Virginia," and shall forward the same to the 5 official or department having the account against the payer. All 6 payments shall be made in such manner that the amount of no

check, draft or order aforementioned, shall exceed the sum of 8 twenty thousand dollars. All officials and departments receiving 9 money for the state, shall daily, unless otherwise directed by the 10 treasurer, make up an itemized report to the treasurer, upon blank3 11 approved by the state tax commissioner, of all moneys received 12 for the state, giving name and address of the payee, the amount 13 and purpose for which such payment or payments are made and 14 shall accompany such report to the treasurer with the money re15 ceived It shall be the duty of the treasurer to make daily de16 posits of all funds received by him from aforesaid officials and 17 departments, or from any other source, in an equitable manner in 18 a depository bank or banks, authorized to do business in this 19 state, and which has complied with all laws, rules and regulations 20 governing depository banks.

21

It shall be the duty of the treasurer to inclose with every 22 deposit of funds sent to any depository, a certificate of deposit 23 giving the name or names of the person, firm, corporation or in24 dividual, and the amount or amounts paid by each. Immediately S. B. No. 19]

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25 upon receipt of such deposit it shall be the duty of the depository 26 to sign and return the certificate of deposit to the auditor, who 27 shall upon receipt of same, by indorsement thereon, direct upon 28 what account or accounts the treasurer shall receipt for the pay29 ment, and if on more than one account he shall direct what 30 amount is to be credited on each. Upon presentation to him of 31 such certificate, the treasurer shall retain and file the same, 32 charging the amount specified therein, to the proper bank and 33 shall deliver to the auditor a receipt in duplicate for the amount