House Bill No. 123 A BILL to amend and re-enact section seventeen of chapter seventythree of the acts of the legislature of one thousand nine hundred and fifteen, regular session, relating to divorces. Be it enacted by the Legislature of West Virginia: That section seventeen of the acts of the legislature of one thousand nine hundred and fifteen, regular session, relating to divorces, be amended and re-enacted as follows: Section 17. The plaintiff shall, in every case, at least thirty 2 days before the first day of the term at which it is expected to 3 try the case before the court, give the defendant notice in writing 4 that a trial will be demanded, fixing the day in said notice when 5 said demand will be made. Provided, that if the defendant be a 6 non-resident, such notice will be sufficient if published for four 7 successive weeks in some newspaper published in the county where8 in such suit may be pending, said publication to be matured at 9 least ten days before the beginning of the term at which the case 10 is to be tried. House Bill No. 261 (BY MR. DOWNS) [Introduced January 21, 1921; referred to the Committee on Railroads.] Senate Bill No. 154 (BY MR. HENSHAW) [Introduced January 21, 1921; referred to the Committee on Railroads.] House Bill No. 261 A BILL to provide for the elimination of grade crossings of railroads in incorporated cities, towns and villages of West Virginia, having a population of ten thousand or more. Be it enacted by the Legislature of West Virginia: Section 1. The city council or other governing body of all in2 corporated cities, towns and villages of West Virginia, having a 3 population of ten thousand or more, whether incorporated under 4 the general statute or by special statute, are hereby authorized to 5 require any railway or railroad company or companies owning 6 or operating any railway or railroad track or tracks, upon or 7 across any public street or streets of such city, town or village, to 8 erect, construct, complete and keep in repair, any viaduct or via9 ducts, underground or overhead crossing as may be deemed and de10 clared by such city council or other governing body, by ordinance 11 regularly passed, necessary for the safety and protection of the 12 public. Sec. 2. The width, height, length and strength of an such via2 duct, underground or overhead crossing and approaches thereto, 3 the material therefor and the manner of construction thereof shall [H. B. No. 261 4 be as required by the city engineer and approved by such city 5 council or other governing body of such city, town or village. 4 Sec. 3. The expense of the construction and maintenance of 2 such viaduct, underground and overhead crossing, including the 3 damages to any person whose land is taken and the special dam4 ages which the owner of any land adjoining the public street shall 5 sustain by reason of any change in the grade of such highway, 6 shall be borne by the railway or railroad company or companies 7 whose tracks cross or run upon such public street. Provided, that 8 where the tracks of two or more railways or railroads are involved 9 in the same crossing the proportion of such viaduct, underground 10 or overhead crossing, and the approaches thereto, to be constructed, 11 or the cost to be borne, by each shall be determined by the city 12 council or other governing body of such city, town or village. Sec. 4. It shall be the duty of any railway or railroad com2 pany or companies, upon being required, as herein provided to 3 erect, construct, reconstruct or repair, any viaduct, underground 4 or overhead chossing to proceed within the time and in the man5 ner required by the city council or other governing body of such 6 city, town and village to erect, construct, reconstruct and repair 7 the same and it shall be a misdemeanor for any railway or railH. B. 261] 5 8 road company or companies to fail, neglect or refuse to perform 9 such duty, and upon conviction thereof any such company or com10 panies shall be fined one hundred dollars and each day such com11 pany or companies shall fail, neglect or refuse to perform such 12 duty, shall be deemed and held to be a separate and distinct offense 13 and in addition to the penatly herein provided any such company 14 or companies shall be compelled by mandamus or other appropri15 ate proceedings to erect, construct, reconstruct or repair any via16 duct, underground or overhead crossing, as may be required by 17 ordinance as herein provided. ouse Bill No. 429 (BY MR. HUGUS.) [Introduced January 25, 1921; referred to the Committee on the Insurance.] Senate Bill No. 285 (BY MR. STEWART.) [Introduced January 25, 1921; referred to the Committee on the Judiciary.] House Bill No. 429 A BILL to create the office of Insurance Commissioner and prescribing the powers and duties thereof. Be it enacted by the Legislature of West Virginia: Section 1. The office of insurance commissioner is hereby 2 created. The governor shall appoint as insurance commissioner 3 some citizen of this state who shall be a qualified voter, whose 4 term of office shall begin at the date of such appointment, and 5 shall continue for six years and until the successor of such com6 missioner is appointed and qualified, unless he be sooner removed. He shall take the oath or affirmation prescribed by section five of 8 article four of the constitution, and such oath shall be certified by 9 the person who administers same and filed with the secretary of 10 state. He shall give bond with good security to be approved by 11 the board of public works, in the penalty of ten thousand dollars 12 ($10,000.00), and such bond shall also be filed with the secretary 13 of state. The governor may remove such officer in case of in 14 competence, neglect of duty, gross immorality or malfeasance in 15 office, and in case of a vacancy whether occurring by reason of [H. B. No. 429 4 16 removal or otherwise, may declare the office vacant, and fill the 17 same by appointment for the unexpired term. 18 The salary of the insurance commissioner shall be six thousand 19 ($6,000.00) per year, three thousand dollars ($3,000.00) of 20 which shall be paid from the state fund, and three thousand dollars 21 ($3,000.00) from the fire marshal fund as provided by section 22 sixteen of chapter forty-eight of the code. He shall be repaid his 23 actual disbursements for traveling expenses in connection with 24 the business of his office, not exceeding two thousand dollars 25 ($2,000.00) in any one year, an itemized account of which shall 26 be filed with the auditor to be audited by him before payment 27 thereof. He shall be provided with an office in the capitol and 28 with such furniture, clerks, examiners, actuaries, inspectors, sten29 ographers, and other assistance as shall be necessary. Sec. 2. The insurance commissioner shall see that all laws re2 specting insurance companies, surety and guaranty companies, and 3 annuity bond companies are faithfully executed. He shall be 4 custodian of all bonds and other securities required by existing 5 law to be deposited with the auditor or insurance commissioner by 6 insurance companies, annuity bond companies, companies selling 7 speculative securities, and surety and guaranty companies. He H. B. No. 429] 5 8 shall be state fire marshal and shall see that the law relating to 9 the state fire marshall department shall be duly executed. He 10 shall be charged with the faithful execution of the law relating 11 to the sale of securities known as the "speculative securities" act. 12 For these purposes there shall inure to him all rights, powers, and 13 duties heretofore inuring to the auditor under chapter thirty14 four, section fifteen of chapter fifty-four-c and chapter fifty-five-b 15 of the code, except that the auditor shall continue as attorney-in16 fact of all companies complying with section one of said chapter 17 fifty-five-b. 18 All acts and parts of acts inconsistent herewith, are hereby 19 repealed. House Bill No. 365 (BY MR. GRISSINGER.) [Introduced January 24, 1921; referred to the Committee on Education.] House Bill No. 365 A BILL to authorize the board of education of Kanawha district, Fayette county, to make contracts for the construction of school buildings in Kanawha district. WHEREAS, It is represented to the legislature on behalf of the board of education of Kanawha district, Fayette county, that they are in need of school buildings which will cost at least fifty thousand dollars in addition to the amount that can be raised by regular levy in order to accommodate the students of Kanawha district. Be it enacted by the Legislature of West Virginia: Section 1. That the board of education of Kanawha district, 2 Fayette county, be, and is hereby authorized and empowered to 3 make contracts for the construction of school buildings in their said 4 district. And said board is further authorized to lay a special 5 levy for the years one thousand nine hundred and twenty-one, and 6 thousand nine hundred and twenty-two, and one thousand nine 7 hundred and twenty-three and to raise not to exceed fifty thous8 and dollars in addition to the regular levy. House Bill No. 414 (BY MR. MANNING.) [Introduced January 25, 1921; referred to the Committee on the Judiciary.] House Bill No. 414 A BILL to repeal section seven, of chapter one hundred and fortyeight of the revised code of West Virginia, of the revision of A. D. one thousand nine hundred and thirteen. |