4 Section 5. If any resident of a county suspect any person 2 therein, to be a lunatic, he may make complaint under oath to the 3 clerk of the county court, giving such information and stating such 4 facts therein as may be required, and deliver the same to the clerk 5 of the county court, whose duty it shall be to issue a warrant or6 dering the person so suspected and named in such complaint to be 7 brought before the commission at a time and place named therein, 8 that his sanity may be inquired into. A complaint hereunder may 9 be made before any justice of the peace of the county but, when 10 so made, the justice shall issue his warrant returnable before the 11 commission at a time and place named therein, and said justice 12 shall immediately notify the clerk of the county court stating the [H. B. No. 173 13 fact of the issuance of such warrant and stating the time at which 14 it is made returnable before before the commission. Any member 15 of the commission without such complaint may have such warrant 16 issued for any person found in his county whom he shall suspect 17 to be a lunatic. All such warrants shall be signed by the clerk of 18 the county court, or by a justice of the peace, as the case may be; 19 and may be addressed to the sheriff of the county or any constable 20 of any district thereof, or to a special constable appointed for the 21 purpose and named therein; but if any relative or friend of the 22 person so suspected will serve such warrant and cause such sus23 pected person to be brought before the commission, he may be al24 lowed to do so. All meetings of the commission shall be held at 25 the county-seat, unless it shall be thought best by the commission 26 to meet at some other place, as in the case of an insane person 27 whose condition makes it advisable to meet at or near his residence. 28 The officer or person to whom the warrant is addressed shall take 29 the suspected person into his custody and bring him before the 30 commission at the time and place named therein. Before pro31 ceeding with the hearing of such suspected person, the com32 mission shall appoint a guardian ad litem for him, who shall be 33 present at the hearing and manage the case on behalf of the perH. B. No. 173] 5 34 son suspected. Such witnesses as shall appear necessary shall be 35 summoned by the commission to testify in the hearing, whether the 36 warrant be issued by the clerk of the court or by a justice of the 37 peace. Among the witnesses there shall be included two reputable 38 physicians, duly authorized to practice medicine in this state, who 39 shall separately make a physical examination of the suspected per40 son, and each physician shall make out a certificate of the result of 41 such examination in the form required by the state board, which 42 certificate shall be sworn to by the physician, and shall be consid43 ered as evidence by the commission. The substance of the evidenc 44 of such witnesses shall be reduced to writing. If the commission 45 finds as a result of the hearing that the person suspected is a lu46 natic and should be confined in a hospital, and that he is not a res47 ident of another county of this state, they shall order him to be 48 committed to the nearest hospital unless some relative or friend of 49 such person will agree to take care of him, in which case the com50 mission may deliver him to such person and take from such relative 51 or friend a bond in the penalty of five hundred dollars, with suffi52 cient security to be approved by the commission, payable to the 53 state of West Virginia, with condition to restrain and take proper 54 care of such insane person until the cause of confinement shall [H. B. No. 173 55 cease, or until he is delivered to the commission to be proceeded 56 against according to law; but if the person found to be a lunatic is 57 not dangerous to himself, or to the lives or property of others, or 58 is found harmless and insuable, he may be delivered to any rela59 tive or friend who will agree to take proper care of him, without 60 such bond, if in the judgment of the commission in any case the 61 same may be proper. 6 House Bill No. 143 (BY MR. ALESHIRE.) [Introduced January 19, 1921; referred to the Committee on the Judiciary.] A BILL to amend and re-enact section fourteen of chapter sixty-three of Barnes' code of West Virginia, of one thousand, nine hundred. and sixteen, relating to the issuance of marriage licenses. Be it enacted by the Legislature of West Virginia: That section fourteen of chapter sixty-three of Barnes' code of West Virginia, of one thousand, nine hundred and sixteen, be amended and re-enacted so as to read as follows: Section 14. It shall be the duty of every clerk of every county 2 court issuing a marriage license, to ascertain from the party ob3 taining the same, and to make a record thereof, and to show upon 4 the face of said license before delivering the said license, as near 5 as may be, the full names of both parties, their respective ages 6 and their places of birth and residence and whether single, widowed 7 or divorced. Such license shall be signed by the clerk of said 8 court, and shall be in the following form, mutatis mutandis: 9 STATE OF WEST VIRGINIA, 12 You are hereby authorixed to join together in the holy state of 13 matrimony, according to the rites and ceremonies of your church 14 or religious denomination and the laws of the state of West Vir15 ginia,.... and..... 16 Given under my hand, as clerk of the county court of the 17 county of... this...... day of... 18 The clerk of the county court, at the time of issuing the li19 censes, shall make a complete record, in a well bound book, of 20 all matters in this section requiring to be ascertained by him. The 21 minister or other person celebrating such marriage shall, within 22 sixty days thereafter, return the said license to the office whence 23 it issued, with an endorsement thereon of the facts of such mar24 riage and the time and place of celebrating the same. House Bill No. 369 (BY MR. HALL, of Mingo.) [Introduced January 24, 1921; referred to the Committee on Taxation and Finance.] House Bill No. 369 A BILL to fix the salary of the sheriff of Mingo county and the time and manner of the payment of the same. Be it enacted by the Legislature of West Virginia: Section 1. The county court of Mingo county, West Virginia, 2 shall allow and pay to the sheriff thereof, out of the treasury of 3 said county, an annual salary of five thousand dollars, which sal 4 ary shall be paid monthly in the same manner that the slaries of 5 other county officers are paid. 6 All acts and parts of acts inconsistent herewith are hereby re [Introduced January 19, 1921; referred to the Committee on Counties, Districts and Municipal Corporations.] A BILL fixing the compensation of the clerk of the circuit court of Lincoln county. Be it enacted by the Legislature of West Virginia: Section 1. That the salary of the clerk of the circuit court 2 of Lincoln county be and the same is hereby fixed at the sum 3 of twenty-five hundred dollars per annum, effective from and 4 after the first day of January, one thousand nine hundred and 5 twenty-one. Sec. 2. All acts and part of acts inconsistent with this act 2 are hereby repealed. House Bill No. 101 (BY MR. HUNTER.) [Introduced January 19, 1921; referred to the Committee on Counties, Districts and Municipal Corporations.] A BILL to fix the salary of the prosecuting attorney and assistant prosecuting attorney of Raleigh county, and prescribing the method in which the same shall be paid. Be it enacted by the Legislature of West Virginia: Section 1. The county court of Raleigh county, West Virginia, 2 shall allow and pay the prosecuting attorney thereof, out of the 3 treasury of said county, an annual salary of not less than three 4 thousand three hundred dollars ($3,300.00) and not exceed four 5 thousand dollars ($4,000.00), which salary shall be paid monthly 6 in the same manner that the salaries of other county officers are 7 paid. Sec. 2. The county court of said county shall allow and pay 2 to the assistant prosecuting attorney thereof, out of the treasury of 3 said county, an annual salary of not less than fifteen hundred dol4 lars ($1,500.00) and not exceeding two thousand dollars ($2,000.5 00), which salary shall be paid monthly in the same manner that 6 the salaries of other county officers are paid. 7 All acts and parts of acts inconsistent of this act are hereby 8 repealed. House Bill No. 427 (BY MR. HINER.) [Introduced January 25, 1921; referred to the Committee on the Judiciary.] A BILL to amend and re-enact section nineteen of chapter one hundred and twelve-a Barnes' code, edition one thousand nine hundred and eighteen, relating to time of holding terms of circuit. court. Be it enacted by the Legislature of West Virginia: That section nineteen of chapter one hundred and twelve-a Barnes' code, edition one thousand nine hundred and eighteen, be amended and re-enacted so as to read as follows: Section 19. For the county of Hampshire, on the first Tues2 day in January, the first Tuesday in March, and the third Tuesday 3 in September. For the county of Hardy, on the third Tuesday 4 in February, the third Tuesday in June, and the third Tuesday 5 in October. For the county of Pendleton, on the third Tuesday 6 in March, the fourth Tuesday in July, and the first Tuesday in 7 December. |