House Bill No. 115 A BILL to fix the salary of the prosecuting attorney of Hancock county; to authorize the employment of a stenographer for use of said prosecuting attorney; to fix the time and manner of payment of their respective salaries and repealing all acts and parts of acts inconsistent with this act. Be ie enacted by the Legislature of West Virginia: Section 1. The salary of the office of the prosecuting attorney 2 of Hancock county be and the same is hereby fixed at the sum of 3 eighteen hundred dollars per year, which salary shall be paid 4 monthly in the same manner that the salaries of other county 5 officers are paid. Sec. 2. With the consent of the county court of Hancock 2 county the prosecuting attorney of said county is authorized to 3 employ a stenographer to assist him in the discharge of his official 4 duties, the salary or compensation of said stenographer to be fixed 5 by the county court of said county payable monthly out of the 6 county treasury. Sec. 3. All acts or parts of acts inconsistent with this act are 2 hereby repealed. House Bill No. 223 (BY MR. MCCLINTIC, of Greenbrier.) [Introduced January 20, 1921; referred to the Committee on Forestry and Conservation.] House Bill No. 223 A BILL to create a school of forestry at the state University and transfer to the Dean and faculty of said school certain duties now performed by the forest, game and fish warden. Be it enacted by the Legislature of West Virginia: A school of forestry shall be maintained by the state. 2 University of West Virginia, The dean of said school 3 of forestry shall assume in addition to the duties which 4 devolve upon the dean of such a school the the additional 5 duties which are by law now imposed upon the forest, game and 6 fish warden, in so far as the duties of said warden relate to for7 ests and forestry and that said dean shall assume any other such 8 duties as shall be hereinafter provided by law. 9 The said dean shall be designated as director of state 10 forests and forestry and upon him shall develop the 11 power of acquiring lands for state forests and game preserves as 12 provided by law and upon him shall be the further duty of preserv13 ing, protecting and improving said preserves or reserves. 14 4 Said director shall discharge all other duties as may be imposed [H. B. No. 223 15-16 upon him from time to time by laws having to do with forests, 17 forestry, and forest and game reserves of this state. 18 All approvriations which now exist or which from time 19 to time shall be made by the legislature of this state 20 for the acquirement, protection, and improvement of for21 est and game preserves be and are hereby directed to 22 be spent by and under the direction and supervision of said direc23 tor above designated, said expenditures to be made under the 24 limitations and in the manner prescribed by law governing the 25 expenditure of state funds. 26 All acts inconsistent with the provisions of this act are hereby 27 repealed. House Bill No. 222 (BY MR. MCCLINTIC, of Greenbrier.) [Introduced January 20, 1921; referred to the Committee on Medicine and Sanitation.] House Bill No. 222 A BILL to reepal chapter ninety of the acts of the legislature of one thousand nine hundred and nineteen, relating to the power of the public health council to grant license for the practice of medicine and surgery to certain qualified applicants. Be it enacted by the Legislature of West Virginia: That chapter ninety of the acts of the legislature of one thou2 sand nine hundred and nineteen be and is hereby repealed. House Bill No. 135 (BY MR. SANDERS.) [Introduced January 19, 1921; referred to the Committee on the Judiciary.] House Bill No. 135 A BILL amending and re-enacting section forty-one of chapter one hundred and twent-five of the code providing that certain allegations in a declaration or other pleading shall be taken and treated in the trial of the case as true, unless denied by an affidavit filed in the case not later than the rule day at which the case matures for trial. Be it enacted by the Legislature of West Virginia: That section forty-one of chapter one hundred and twenty-five of the code of West Virginia be amended and re-enacted so as to read as follows: Section 41. In any action at law, if the declaration or other 2 pleadings filed therein allege that persons whose names are set out 3 are, or have been, a firm, association or copartnership; or that a 4 plaintiff or a defendant or other person is a corporation; or that a 5 person is or has been doing business as a sole trader under a firm 6 name; or that a person, firm or corporation either in person or by 7 agent, made, executed, signed or delivered any contract, deed, bond 8 or other writing; or that a road, street, alley or highway is a public 9 road, street, alley or highway; or that a person, firm or corporation [H. B. No. 135 10 is a common carrier; or that a person has been appointed and 11 qualified as an executor, administrator, guardian, committee, 12 special or other commissioner, or receiver or to any fiduciary capa 4 13 city; or that a person has been elected or appointed to any public 14 office and has qualified for the position, such allegation in the 15 trial of the case shall be taken as true and no proof in support 16 thereof shall be required unless it is denied by an affidavit putting 17 the matter in issue, filed in the case not later than the rule day at 18 which the case matures for trial. 19 All acts and parts thereof inconsistent with this act are hereby 20 repealed. House Bill No. 367 (BY MR. LANTZ) [Introduced January 24, 1921; referred to the Committee on Roads and Internal Navigation.] House Bill No. 367 A BILL to amend and re-enact sections twenty-four, one hundred and thirty two and one hundred and thirty three of chapter sixty-six of the acts of the legislature of one thousand nine hundred and seventeen. Be it enacted by the Legislature of West Virginia: That sections twenty-four, one hundred and thirty-two and one hundred and thirty-three of chapter sixty-six of the acts of the legis lature of one thousand nine hundred and seventeen, be amended and re-enacted to read as follows: Section 24. There is hereby created a "state road fund" which 2 shall consist of the net proceeds of all state license tax imposed 3 and collected upon automobiles, motor or steam driven vehicles, 4 and the registration fees imposed on chauffeurs on and after the 5 first day of January, one thousand nine hundred and seventeen, 6 and which may hereafter be imposed and collected thereon, and 7 all sums of money which may be donated to such fund, or appro8 priated to it by the legislature or by the congress of the United 9 States, as provided by section five of this act, or from any other 15 4 10 source. The auditor shall set aside said moneys as the "state [H. B. No. 367 11 road fund" and it shall be used only for the purposes named in this 12 act. Said state road fund shall be used for the purpose of paying 13 the expenses of the state road commission as approved by the leg14 islature, and the balance thereof shall be disposed of as follows: One half of said balance shall be appropriated, set aside and 16 used for the benefit of the system of state roads and highways, to 17 be applied either to the construction and maintenance of said sys18 tem of roads and highways, or to pay the interest accruing on, 19 and to create a sinking fund to retire, any bonds that may be issued 20 for such purpose; and the other one half of said balance shall be 21 distributed among the counties annually, in proportion to the mile22 age of the main county roads in each county; provided, the said 23 county court supplement the same by a like fund. 24 The treasurer of the state shall be the custodian of the state road 25 fund, and all disbursements therefrom shall be paid by him upon 26 order or voucher, approved and signed by the chairman and sec27 retary of the state road commission, and directed by the auditor, 28 who shall draw his warrant therefor. All moneys accruing to 29 the state road fund, as aforesaid, are hereby appropriated out of 30 said fund for the purposes and to be paid as aforesaid. Sec. 132. The annual registration fee for issuing such certifi2 cate and furnishing such plates for all motor vehicles other than 3 motor cycles shall be fifteen dollars for each vehicle weighing two 4 thousand pounds or less, and an additional fifty cents for each one 5 hundred pounds of weight, or fraction thereof, in excess of said 6 two thousand pounds. Sec. 133. For each set of registration tags issued to a manu2 facturer or dealer in vehicles other than motor cycles, a fee of 3 twenty five dollars per year shall be charged. Such tags shall be 4 marked "dealer's tag" and shall be interchangeable among the cars 5 owned and used by such manufacturer or dealer during the fiscal 6 year in which issued; but no such dealer's tag shall be used on any 7 car engaged in transportation for hire, or livery business. The an8 nual fee for motor-bicycles, tricycles and motor cycles shall be ten 9 dollars, and for each dealer's tag issued to a dealer handling such 10 motor bicycles, tricycles and motor cycles, a like fee. Tags issue 11 issued to such dealers shall be marked "dealer's tag", and shall |