11 4 But the preceding part of this section shall not apply to any 12 railroad company heretofore organized under the laws of this state [H. B. No. 483 13 since the first day of January, one thousand nine hundred and two, 14 which shall not have actually and in good faith spent upon the 15 construction of its road ten percent of its stock actually subscribed 16 since January first, one thousand nine hundred and fourteen. House Bill No. 362 (BY MR. HUGUS, by request.) [Introduced January 24, 1921; referred to the Committee on the Judiciary.] House Bill No. 362 A BILL to abolish the criminal court of Ohio county from and after the first day of July, in the year one thousand nine hundred and twenty-one. Be it enacted by the Legislature of West Virginia: Section 1. That the criminal court of Ohio county, created 2 by chapter seven of the acts of the regular session of one thousand 3 eight hundred and ninety-three of the legislature, entitled "An act 4 to establish a criminal court in the county of Ohio", passed Feb5 ruary sixteen, one thousand eight hundred and ninety-three, be 6 and the same is hereby abolished from and after the first day of 7 July, in the year one thousand nine hundred and twenty-one. Sec. 2. All indictments, suits, actions and proceedings of 2 every kind pending in said criminal court on the day last afore3 said, together with all records, process and papers pertaining 4 thereto, as well as all records, process and papers pertaining to 5 all trials, indictments, actions, suits and proceedings theretofore 6 had or pending in said court, and all bonds and recognizances 7 taken in said court, shall on and after the day last aforesaid be 8 certified and transmitted by the clerk of said court to, and filed 4 [H. B. No. 362 9 and deposited in, the office of the clerk of the circuit court of 10 said county of Ohio; and all subpoenas, summons, and notices, 11 executions, writs and processes of every kind, and recognizances 12 outstanding on the day last aforesaid, shall be returned to the 13 office of the clerk of said circuit court, if returnable to the office 14 of the clerk of said criminal court, or to the first day of the next 15 ensuing regular term of said circuit court, if returnable to said 16 criminal court in term time, the same as if originally made re17 turnable to the said circuit clerk's office on the first day of the said 18 term of said circuit court; and said clerk of said circuit court shall, 19 after the day last aforesaid have the same powers and perform the 20 same duties in relation to such records, suits, actions, notices, 21 writs, process, papers and proceedings, including the issuing of 22 executions and other writs upon judgments, decrees or orders 23 of said criminal court, and the certifying of copies from the 24 records of said criminal court, as were vested in and required of 25 the clerk of said criminal court. All indictments, actions, suits 26 and proceedings pending in said criminal court on the day last 27 aforesaid, and in all cases, indictments, actions, suits and pro28 ceedings which theretofore had been in said criminal court and 29 shall on the day last aforesaid be pending in the circuit court [H. B. No. 362 30 of said county or in the supreme court of appeals of West Vir31 ginia upon appeal or writ of error, shall, when decided upon such 32 appeal or writ of error, be docketed and proceeded in and tried 33 and determined, and such further proceedings as may be proper, 34 had therein by the circuit court in all respects as if the same had 35 been found or originated in said circuit court and had been taken 36 thence on such appeal or writ of error. 6 Sec. 3. All acts and parts of acts in conflict herewith are hereby 2 repealed. House Bill No. 341 (BY MR. MCCLINTIC, of Greenbrier) Introduced January 24, 1921; referred to the Committee on the Judiciary.] House Bill No. 341 A BILL to transfer and delegate to the various schools and departments of the state university as much of the rotuine and other work as possible which is now done by the several governmental departments, councils, commissions, boards etc. Be it enacted by the Legislature of West Virginia: That, in so far as the facilities of the state university provide 2 that the work of the following branches of the state government be 3 delegated to said university, namely: public health council, depart4 ment of mines and mining, forest, fish and game warden, commis5 sioner of agriculture, commission of state highways, and the work 6 in any other branch of the state government in which it is shown 7 to be to the best interests of the state to be transferred to the state S universiy. 9 Be it provided, further, that the deans of the colleges under 10 whose supervision the work shall come shall become directors of 11 the various state activities above enumerated and they shall be des12 ignated as directors of state agriculture, directors of state forests 13 and forestry, director of state mines and mining etc. 14 [H. B. No. 341 That all moneys now appropriated for these activities or which 15 shall hereafter be provided and appropriated for said purposes 16 shall hereafter be directed to the various schools of the university 17 and shall be expended under the supervision of the various col18 leges as directed by said directors. Provided, that the same re19 strictions which are now in force governing the expenditure of 20 state funds shall apply, that all laws, the enforcement of which 21 now devolve upon the departments now existing shall be enforced 22 by the directors above designated and all laws relating to matters 23 coming under the jurisdiction of these departments shall remain 24 in force. Be it provided further however, that such duties as can25 not be assumed and which it is deemed impracticable to transfer 26 to the above designated departments shall be discharged by such 27 persons or officers as shall be designated by law. 28 All laws inconsistent with the provisions of this act are hereby 29 repealed. House Bill No. 343 (BY MR. MCCLINTIC, of Greenbrier) [Introduced January 24, 1921; referred to the Committee on the Judiciary.] House Bill No. 343 A BILL to repeal chapter one hundred and three of the acts of the legislature of one thousand nine hundred and nineteen. Be it enacted by the Legislature of West Virginia: That chapter one hundred and three of the acts of the legislature of one thousand nine hundred and nineteen be and the same is hereby repealed together with the other sections and parts of the code included in the enactment of said chapter. House Bill No. 327 (BY MR. JOHNSTON) [Introduced January 24, 1921; referred to the Committee on Reads and Internal Navigation.] House Bill No. 327 A BILL to amend and re-enact section one hundred and twenty-four of chapter thirty-nine of the acts of the legislature of one thousand nine hundred and nineteen, regular session, relating to the operation of motor vehicles upon the public highways of this state. Be it enacted by the Legislature of West Virginia: That section one hundred and twenty-four of the acts of the legislature of one thousand nine hundred and nineteen, be amended andre-enacted so as to read as follows: 4 Section 124. Every motor vehicle operated or driven upon the 2 public highways of this state, shall be provided with adequate 3 brakes, in good working order and sufficient to control such ve4 hicles when same are in use, and an adequate horn or other device 5 for signalling sufficient under all conditions, to give timely warn6 ing of the approach of the motor vehicle. During the period 7 from thirty minutes after sunset to thirty minutes before sunrise, S all vehicles, motor driven, when in operation shall display at least 9 two lighted lamps on the front, the lens of which shall be frosted, 10 shaded, colored, corrugated, or otherwise constructed as to break [H. B. No. 327 11 the glare of the reflector so as to produce a non-glaring light. 12 Every motor vehicle shall have displayed on the rear thereof, a 13 red light visible from the rear, the white rays of such rear light 14 shall shine upon and illuminate the number plate carried on the 15 rear of such vehicle so that said number shall be clearly visible,; 16 and all vehicles not motor driven shall have displayed on the rear 17 thereof, a red light, plainly visible from the rear during the period 18 of thirty minutes after sunset to thirty minutes after sunrise; 19 provided, that such motor vehicle may be equipped with what is 20 known as a search or spot light, which shall not be used as a head 21 light for driving. Every such motor vehicle shall have devices to 22 prevent excessive noise, annoying smoke, escape of gasoline or 23 steam, as well as the falling out of embers or residue from the en24 gine, and all exhaust pipes, carrying exhaust from the engine, shall 25 be directed parallel to the ground or slanting upwards. House Bill No. 379 [Introduced January 24, 1921; referred to the Committee on Counties, Districts and Municipal Corporations.] House Bill No. 379 A BILL to fix the salary of the county clerk of Braxton county and the time and manner of the payment of the same. |