12 all sums in each county in excess of said amount may be retained 13 by said reporter, and it shall be the duty of such reporter to make 14 out, sign and deliver to the sheriff, a fee bill in every case, giving 15 the style thereof and the amount due, and from whom, which 16 amount may be collected or levied for by the sheriff, and such 17 fee bill shall have the force and effect of an execution when levied.

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Sec. 4. In all cases, civil or criminal, the court shall allow 2 such charges and fees as may seem just for taking the short hand 3 notes. All such charges and fees, in any case, civil or criminal, 4 shall be taxed by the clerk as costs, and shall be collected by the 5 sheriff in civil and misdemeanor cases and accounted for by him 6 to the county treasury. Such costs in felony cases shall be cer[H. B. No. 185 7tified to the auditor of the state and paid out of the state treasury, 8 but when collected by the sheriff, shall be accounted for by him to 9 the state treasurer. The expense of reporting any civil case shall 10 be paid equally by the parties to the cause, plaintiff and defendant, 11 but the expenses so paid by the prevailing party shall be taxed 12 as part of his costs and recovered by him from his adversary.

Sec. 5. Said official reporter shall furnish, upon request, to 2 any party to a case, a copy of the testimony or other proceeding, 3 written out in long hand or typewriting, and shall certify the same 4 as being correct, and shall collect therefor a fee of twenty cents 5 for each one hundred words, but not to exceed forty cents for 6 each page so transcribed and certified. The official reporter 7 shall not deliver any record or testimony transcribed by him, 8 until the fees mentioned in this section are paid, which fees shall 9 be accounted for and paid over to the sheriff of the county in 10 which the case was pending, and by him accounted for. A copy 11 of such testimony or proceeding, when certified by the official re12 porter and by the judge of said court shall be authentic for all 13 purposes and may be used in making up the records on appeal, 14 and the circuit clerk shall not be entitled to collect any fee for that 15 part of the record in any case wherein the testimony or proceedH. B. No. 185] 7

16 ings so furnished and certified by said official reporter shall be 17 used in said record.

Sec. 6. Said official reporter is hereby authorized to take affi2 davits, and the acknowledgment of deeds and other writings, and 3 to take and certify depositions within the counties embraced in the 4 nineteenth judicial circuit, and to administer all oaths necessary

5 in performing any of the foregoing acts, for which he shall be 6 entitled to the same fees as a notary public for such services, pro7vided, when taking depositions to be used in any cause, he shall be 8 entitled to charge therefor twenty cents for each one hundred 9 words, but not more than forty cents per page, in addition to the 10 other incidental fees. All fees earned under this section shall 11 belong to said official reporter.

Sec. 7. So far as any act or part of any act of the legislature 2 is inconsistent with this act or any of its provisions they shall not 3 be applicable to the judge of the nineteenth judicial circuit, nor to 4 said official reporter.

N. B.

COMMITTEE SUBSTITUTE FOR

House Bill No. 179

(BY COMMITTEE ON COUNTIES, DISTRICTS AND MUNICIPAL CORPO

RATIONS.)

[Reported April 14, 1921, with the recommendation that it do pass.]

House Bill No. 179

A BILL to amend and re-enact the act of the legislature of West Virginia, passed on the sixth day of February, one thousand nine hundred and seventeen, relating to the amendment of the charter of the city of Princeton, in the county of Mercer. Be it enacted by the Legislature of West Virginia:

That the charter of the city of Princeton, in the county of Mercer, as amended and re-enacted by an act of the legislature of West Virginia, passed on the sixth day of February, one thousand nine hundred and seventeen, be and the same is hereby amended and re-enacted so as to read as follows:

Section 1. That the inhabitants of so much of the county of 2 Mercer, in the state of West Virginia, included in the boundaries 3 described in section two of this act, be and they are hereby to re4 main and continue a municipal corporation by the name of "The 5 City of Princeton" by which name they shall have perpetual suc6 cession and a common seal, and by which name they may sue and 7 be sued, plead and be impleaded, contract and be contracted with, 8 purchase and otherwise acquire and hold real estate and personal [H. B. No. 179 9 property needed in the discharge of the functions of government 10 conferred by this charter.

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Corporate Limits

Sec. 2. The corporate limits of the city of Princeton shall be 2 as follows, that is to say: Beginning at the bridge where the 3 Raleigh and Kanawha turnpike crosses Glady fork, and running 4 thence down Glady fork to Brush creek; thence down Brush creek 5 to the mouth of Broad Camp branch; thence due east, crossing the 6 center line of the Deepwater railroad, as shown by the map and 7 profile of the location of said road filed in the office of the clerk 8 of the county court of Mercer county, West Virginia, on the 9 twenty-third day of March, one thousand nine hundred and four, 10 to a point fifty feet beyond the said center line at right angles 11 thereto; thence parallel to the center line of the location of said 12 railroad as shown upon said map, and fifty feet distant therefrom 13 to Christian's fork, which is a point eastward from the residence of 14 William Oliver; thence eastwardly to the Carr and Bratton cattle 15 scales on the old Pisgah road and including the said scales; thence 16 northwesterly, in a straight line, to two large and old willow trees 17 by an abandoned spring by the side of an old house-seat in an old 18 apple orchard, which point is up a hollow in an eastern direction H. B. No. 179] 19 from the northern end of the present Virginia Railway shops; 20 thence, a straight line, in a southwestern direction, to the resi21 dence formerly owned by Elliott Blankenship on the Low Gap 22 road, including the said residence within the corporate limits; 23 thence, a straight line, including the said former residence of said. 24 Blankenship within the corporate limits as aforesaid, touching 25 the residence of the late Sanders Lewis, and including the same 26 within the corporation, to a point in the center line of the Raleigh 27 and Kanawha turnpike road, thence a straight line touching the

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28 residence of I. W. Walker, now owned by W. B. Honaker, and in29 cluding the same within the corporate limits, to Glady fork; thence 30 down Glady fork to the point of beginning.

Wards and their Boundaries.

Sec. 3. The said city of Princeton shall consist of three wards,

2 which shall be bounded as follows:

3

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First Ward.

All the following described boundary shall constitute the first 5 ward of the said city, that is to say: Beginning at a point on 6 the corporate limits of said city in the center of the bridge over 7 Brush creek on the road leading from Princeton to Ingleside; 8 thence in a nothern direction and with said Ingleside road to

9 the center of Princeton avenue; thence with the center of said 10 Princeton avenue, in a western direction, to the intersection of 11 the center line of said avenue, with the center line of Fellers 12 street; thence with the center of Fellers street, in a northern direc13 tion to its intersection with the center line of Main street; 14 thence with the center line of Main street, in a northeast direction 15 to the intersection with the center line of Center street, thence 15-a with the center line of Center street, in a western direction 16 to its intersection with the center line of Hale avenue; thence 17 with the center line of Hale avenue, in a northern direction, to the 18 corporate line; thence with the corporate line, in a western di19 rection and southwestern direction, to Gladys fork; thence down 20 Gladys fork to Brush creek; thence down Brush creek to the point 21 of beginning.

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Second Ward.

All the following described boundary shall constitute the sec24 ond ward of said city; that is to say; beginning at the beginning 25 corner of the first ward, at a point in the center of the bridge 26 across Brush creek, on the Ingleside road; thence down Brush creek; 27 in a northwest direction, to the railroad bridge across Brush creek 28 south of the Virginia railway freight station; thence with the H. B. No. 179] 29 center of the survey for the Mercer Electric Railway Company's 30 line in a western and northwestern direction, to First street; 31 thence with the center of first street, in a northern direction, to its 32 intersection with the east end of the center line of Harrison street; 33 thence with the center line of Harrison street in a westrn di

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34 rection to its intersection with the center line of Third street; 35 thence with the center line of Third street, in a northern direction 36 to the northern end of Third street; thence continuing in the same 37 direction, and on the same degree as the last named line, to the 38 corporate line; thence with the corporate line, in a southwest di39 rection, to the center of Hale avenue, at the northeast corner of 40 the first ward; thence with the center of Hale avenue, in a south41 east direction, to Center street; thence with Center street, in an 42 eastern direction, and with the line of the first ward, reversing its 43 course to the intersection of the center line of Center street with 44 the center line of Mercer street; thence with the center line 45 of Mercer street, in a southwest direction to its inter45-a section with the center line of Main street; thence 46 with the center line of Main street to its intersection with 47 the center line of Fellers street; thenc with the center 48 line of Fellers street, in a southrn direction, to its inter8 [H. B. No. 179

49 section with the center line of Princeton avenue; thence with 50 the center line of Princeton avenue, in an eastern direction, to its 51 intersection with the center of the Ingleside road; thence with 52 the center of the Ingleside road, in a southeast direction, to the 53 point of beginning..

55 All the following described boundary shall constitute the third 56 ward of the said city, that is to say: All that territory lying 57 within the corporate limits of said city east, northeast and south58 east of the second ward, and not included in the boundaries of 59 either the first or second wards.

Municipal Authorities.

Sec. 4. The municipal authorities of the city of Princeton 2 shall consist of a mayor, and three councilment, who shall con3 stitute the council of said city.

Exercise of Corporate Powers.

Sec. 5. All the corporate powers and functions pertaining to 2 said city shall be exercised by its council, or under its authority, 3 in the corporate name of said city unless otherwise provided by 4 state law or municipal ordinance.

Sec. 6. The council shall appoint a superintendent of streets,