6 processes, rules and orders of said court in the exercise of its 7 jurisdiction shall be signed by the clerk thereof, to be directed. 8 to the sheriffs of the proper counties wherein the same are 9 executed. And they shall be executed in like manner and with H. B. No. 322] 9 10 the same effect as processess issuing from the circuit court of 11 said Berkeley county. Sec. 10. The sheriff of Berkeley county and the sheriffs 2 of the several counties in the state shall, by themselves or their 3 deputies, execute all processes of said court, issued by the clerk 4 thereof, directed to them respectively, and all processes eman5 ating from said domestic relations and juvenile court shall be 6 directed to and executed by them in the same manner as is 7 provided by law as to processes issuing from the circuit court 8 by said clerk. And the sheriff of Berkeley county shall perform 9 the same duties and services for the domestic relations as he is 10 now by law required to perform for the circuit court of said 11 county; and in the execution of processes, rules and orders of 12 said court, the said officer shall have the same powers and rights, 13 by subjects to the same liabilities, govern himself by the same. 14 rules and principles of lay and the statutes of the state, as though 15 the processes issued from the circuit court of said county. Sec. 11. That for the proper and efficient administration and 2 enforcement of the matters within its jurisdicion, the judge of 3 the domestic relations court of Berkeley county shall be hereby 4 empowered to name the probation officer, who shall be appointed [H. B. No. 322 10 5 and qualified as provided by section six of chapter three, acts 6 of the legislature of West Virginia, session of one thousand nine 7 hundred and nineteen. Sec. 12. It shall be the duty of the county court of Berkeley 2 county to provide all record books, other books and stationery that 3 may be necessary, and likewise a seal for said domestic rela4 tions court; but full faith and credit shall be given to the record 5 of said court and certificates of its judge or clerk, whether the 6 seal of the court affixed thereto or not, in like manner and with 7 the same effect as if the same were records of the circuit court 8 similarly authenticated. And the said county court of Berkeley 9 county shall furnish and provide sufficient rooms and furniture 10 for the proper conduct and holding of said court. Sec. 13. Appeals may be allowed and writs of error and 2 supersedeas awarded to the judgments, rulings and orders of the 3 said domestic relations court or the judge thereof, by the circuit 4 court of Berkeley county or the judge thereof, or the judge of 5 any other circuit court in this state, in cases involving the free6 dom of the person or the constitutionality of the law, and in case 7 of the refusal of the circuit court of Berkeley county or the 8 judge thereof, applications for such writ of error and superH. B. No. 322] 11 9 sedeas or appeal may be directed to the supreme court of appeals; 10 of the state or any judge thereof; provided, however, that in all 11 cases such application shall be made within sixty (60) days next 12 following the date of the entry of final order of judgment. Sec. 14. All acts and parts of acts in conflict herewith are 2 hereby repealed. House Bill No. 48 (BY MR. MIDELBURG.) [Introduced January 17, 1921; referred to the Committee on the Judiciary.] House Bill No. 48 A BILL to amend section thirty-six of chapter one hundred and forty-five, of Barnes' code of West Virginia, of one thousand nine hundred and eighteen (chapter forty-three of the acts of the legislature of one thousand nine hundred and fifteen, regular session) which is an act relating to fraudulent advertising and fixing of penalties for the violation. Be it enacted by the Legislature of West Virginia: That section thirty-six of chapter one hundred and firty-five, of Barnes' code of West Virginia, of one thousand nine hundred and eighteen (chapter forty-three of the acts of the legislature of one thousand nine hundred and fifteen, regular session) which is an act relating to fraudulent advertising and fixing of penalties for the violation, be amended and re-enacted so as to read as follows: Section 1. Any person, firm, corporation or association, or their 4 2 agents or employees, who with intent to sell, furnish or perform or 2-a in any way dispose of real or personal property, merchandise, 3 securities, services, or anything offered by such person, firm, cor4 poration or association, directly or indirectly, to the public for sale 5 or distribution, or with intent to increase the consumption thereof [H. B. No. 48 6 or to induce the public in any manner to enter into any obligation 7 relating thereto, or to acquire title thereto, or interest therein, 8 causes, directly or indirectly, to be made, published, disseminated, 9 circulated or placed before the public, in the state of West Virginia, 10 in a newspaper or other publication, or in the form of a book, 11 notice, handbill, poster, bill, circular, pamphlet or letter, or on 12 any bill board, sign card label or any other advertising medium, 13 or by means of any electric sign, window sign, show case, or win14 dow display, or by any other advertising device, or by public out15 cry or proclamation, or by any oral representation, or in any other 16 manner or means whatever, an advertisement or representation 17 of any sort regarding such real or personal property, merchandise, 18 securities, services, or anything so offered to the public, which 19 offering contains any assertions, representations or statements of 20 fact, which are false or untrue, in any respect, or which are de21 ceptive or misleading, shall be guilty of a misdemeanor and on con22 viction thereof, shall be punished by a fine of not less than twenty23 five dollars nor more than five hundred dollars, or imprisonment 24 for not more than sixty days, or both, and such violation, by agent 25 or employees shall be deemed an offense as well by the principal 26 or employer, provided such violation. was committed with the H. B. No. 48] 5 27 knowledge or acquiescence of such principal or employer, and they 28 may be indicted for the same either jointly or severally; provided, 29 however, that this act shall not apply to any publisher of a news30 paper, magazine or other publication, who publishes said advertise31 ment in good faith, without knowledge of its false, deceptive or 32 misleading character. A corporation convicted under this act 33 shall be fined not less than twenty-five dollars nor more than five 34 hundred dollars and its president or such other official as may be 35 responsible for the conduct or management thereof may be im36 prisoned in the discretion of the court. 37 Indictment for such offense shall be sufficient, if it be in form or 38 effect as follows: 39 STATE OF WEST VIRGINIA, 40 COUNTY OF .to-wit: 41 The grand jurors of the state of West Virginia, in and for the 42 body of the county of .... ..., and now attending the.... 43 court of said county, upon their oaths present that... 44 the day of..... 45 hundred and .... .on .in the year of our Lord one thousand nine in the said county of. 46 being then and there engaged in the business of... 47 (stating nature of business), did unlawfully with intent to sell 48 6 [H. B. No. 48 (stating whether 49 merchandise, real estate or what) cause to be circulated in said 50 county, and advertisement relating to the sale of said .. 51 (same as above) of the words and figures as follows: 52 (here copy in full the advertise53 ment), which said advertisement contained a statement of fact 54 which was false in this that ..... 55 (stating specifically falsehoods, and wherein same are contrary 56 to fact), with intent to induce the public to invest in said 57 ... (stating whether 58 merchandise, real estate or what) and that the said .... 59 ... (name of defendants or defendants) 60 being then engaged then and there in the said business aforesaid, 61 afterwards, to-wit, on the day and year aforesaid, did then and 62 there and by means thereby sell 63 (stating subject matter of sale) of the value of.........dollars, 64 to one ., (name of person 65 to whom sale was made) and did then and there obtain from the 66 said..... (name of person to whom ...dollars, against Sec. 2. All acts or parts of acts inconsistent herewith are here2 by repealed. House Bill No. 117 (BY MR. HUGUS.) [Introduced January 19, 1921; referred to the Committee on the Judiciary.] House Bill No. 117 A BILL to amend and re-enact section one-a of chapter one hundred and thirty-two of the acts of the legislature of the state of West Virginia, for the year of one thousand nine hundred and nineteen, entitled, An act to amend and re-enact section one, of chapter one hundred twelve, Barnes' code of one thousand nine hundred and sixteen; to repeal sections one-a-one, one-a-two, one-bone, one-b-two, one-c-one, one-c-two, one-d-one, one-d-two, one-eone, one-e-two, of chapter one hundred and twelve, Barnes' code of one thousand nine hundred and sixteen; to repeal chapter one hundred and twelve-a of Barnes code, one thonsand nine hundred and sixteen; to repeal chapters eighty-seven, ninety-two, ninetyfour, ninety-six, ninety-seven, one hundred and one, and one hundred and two of the acts of West Virginia, regular session of the legislature, one thousand nine hundred and seventeen; to rearrange and establish the several judicial districts in this state; and to fix the terms and time of holding the circuit courts in the several counties therein. Be it enacted by the Legislature of West Virginia: That section one-a of chapter one hundred and thirty-two of the acts of the legislature of West Virginia for the year nineteen hundred and nineteen, entitled, An act to amend and re-enact section one of chapter one hundred twelve, Barnes' code of one thousand nine hundred and sixteen; to repeal sections one-a-one, one-a-two, one-bone, one-b-two, one-c-one, one-c-two, one-d-one, one-d-two, one-e-one, one-e-two, of chapter one hundred and twelve Barnes' code of one thousand nine hundred and sixteen; to repeal chapter one hundred and twelve-a of Barnes' code, one thousand nine hundred and sixteen; to repeal chapters eighty-seven, ninety-two, ninety-four, ninety-six, ninety-seven, one hundred and one, and one hundred and two of the acts of West Virginia, regular session of the legislature, one thousand nine hundred and seventeen; to re-arrange and establish the several judicial districts in this state; and to fix the terms and time of holding the circuit courts in the several counties therein, be and is hereby, amended and re-enacted so as to read as follows: First Circuit. Section 1-a. For the year one thousand nine hundred and 2 twenty-one. |