ACTS. CHAP. 1.-An ACT in relation to the powers and duties of the Re corder. Passed June 26, 1863. Be it enacted by the Legislature of West Virginia: 1. The recorder of every county shall have the same powers and perform the same duties, in relation to receiving acknowledgment or proof of, admitting to record, recording, listing and certifying deeds, contracts, powers of attorney, wills, inventories and other writings; and docketing judgments and decrees, and bonds and recognizances having the force of judgments; and recording lis pendens and attachments; and the issuing of marriage licenses, as the clerk of the county court of such county had or was liable to perform, under the laws of Virginia, in force within the limits of this state, on the nineteenth day of June, eighteen hundred and sixty-three; and shall have the like fees for his services as the said clerk was entitled to under said laws, to be collected and accounted for in the same manner. 2. The parties in charge,thereof shall deliver to the recorder of the proper county the books of records of deeds, contracts, powers of attorney, wills, inventories and other writings, and the books in which judgments, decrees, and bonds, and recognizances having the force of judgments, lis pendens and attachments, are entered or docketed, and all the other books and papers relating to the duties of his office. 3. The acts and certificates of the said recorder shall have the same effect as the acts and certificates of the said clerk would have had under the said laws. 4. This act shall be in force from its passage. CHAP. 2.--An ACT concerning Oaths and Affirmations. Passed Juue 26, 1863. Be it enacted by the Legislature of West Virginia: 1. Every person elected or appointed to any office or trust, civil or military, shall before proceeding to exercise the authority or discharge the duties of the same, make oath that he will support the Constitution of the United States and the Constitution of this state. 2. He shall also, at the same time, take an oath that he will faithfully perform the duties of his office, to the best of his skill and judgment. 1 3. The first section shall not apply to the case of a person residing in another state or country who is appointed a commissioner by the Governor, or designated, pursuant to law, for any agency or service to be performed out of this state. 4. The oaths to be taken as aforesaid, may be administered by a justice, notary public, recorder, or judge. And any person residing in another state or country, designated for any agency or service to be performed out of this state, or appointed a commissioner, may take the oath before a justice, notary, or judge of the state or country in which he resides. 3.If any person elected or appointed to any office or trust, civil or military, shall exercise any authority, or enter upon the discharge of any duty pertaining thereto, before taking the proper oath or oaths, he shall forfeit not less than one hundred nor more than one thousand dollars. But the officers acting within the limits of this State at the time the Amended Constitution thereof went into operation, may continue to exercise the powers and perform the duties of their respective offices, until the officers elected or appointed under the said Constitution, for the discharge of similar duties, be qualified, without being liable to any forfeiture under this Act. 6. The oaths to be taken as aforesaid shall be certified by the persons who administered the same, and the certificates disposed of as follows: The certificates of the oaths taken by the governor, secretary of the state, treasurer, auditor, attorney general, and adjutant general, and of the clerks employed by them, and of all other civil officers except those afterwards mentioned in this section, shall be filed in the office of the secretary of the state. The certificates of the oaths taken by senators and delegates shall be filed with the clerks of those branches respectively; or the oaths shall be taken in presence of their respective branches, and the fact be noted on the journal. The certificates of the oaths taken by a judge of the supreme court of appeals shall be delivered to and recorded by the clerk of that court. The certificate of the oaths taken by a judge of a circuit, shall be delivered to and recorded by the clerk of the first court to be held by him. The certificate of the oaths taken by the clerk of any court, shall be recorded by such clerk. The certificate of the oaths taken by county, township and municipal officers shall be filed with the recorder of the county. The certificate of the oaths taken by any military officer above the rank of colonel, shall be filed with the adjutant general; and of any other mlitary officer, shall be recorded in the order book of the commandant of the regiment to which such person belongs or is attached. 7. Under this act, and in all judicial proceedings, a solemn affirmation shall have, in all respects, the same effect as an oath. And in the construction of statutes, records, certificates and writings, the word oath shall be deemed to include an affirmation, and the word swear to be complied with, if the person referred to makes solemn affirmation, unless such construction be manifestly inconsistent with the intention, 8. Chapter thirteenth of the Code of Virginia, second edition, and all statutory provisions incorporated in said chapter, are hereby repealed. 9. This act shall be in force from its passage. CHAP. 3.-An ACT in relation to the taxes assessed within the several counties under the laws of the State of Virginia. Passed June 26, 1863. Be it enacted by the Legislature of West Virginia: 1. Every commissioner of the revenue for any county now included within this state, shall, within twenty days after the passage of this act, deliver one copy of the land book, and one of the personal property book, made by him for the year eighteen hundred and sixtythree, to the sheriff elected and qualified for such county under the Constitution of this state and the ordinances of the late Constitutional Convention; and such sheriff shall proceed to collect, account for, and pay over according to law, the taxes assessed in the said books. 2. No sheriff or collector of taxes elected or appointed for any county of this State, under the laws of the state of Virginia, shall have authority to collect the taxes assessed in the land or personal property books for the year eighteen hundred and sixty-three, if a sheriff shall have been elected and qualified for such county, under the Constitution of this state and the ordinances aforesaid. 3. The sheriffs, elected and qualified under the Constitution of this State and the ordinances of the late Constitutional Convention, of those counties in which the taxes for the years eighteen hundred and sixty-one and eighteen hundred and sixty-two, in whole or in part, have not been collected, and where the commissioners' books have not been placed in the hands of a collecting officer, shall proceed to collect and account for the taxes for the years eighteen hundred and sixty-one and eighteen hundred sixty-two. 4. This act act shall be in force from its passage. CHAP. 4.-An ACT to authorize the Council of the City of Wheeling to raise money by way of loan for the defense of the said city. Passed June 26, 1863. Be it enacted by the Legislature of West Virginia: 1. It shall be lawful for the council of the city of Wheeling to borrow money in the name of the said city for the defense thereof against invasion; and to convey, mortgage and pledge any of the public property and revenues of said city, for the redemption of such loans and for payment of the interest thereon; and to levy and collect a special annual tax on the real estate in the said city, sufficient to produce over and above the expenses of collection, an annual sum equal to the interest and five per cent. on the principal of any debt which may be contracted as aforesaid. 2. It shall be lawful for any bank or branch, savings institution, insurance company, or other corporation in this State, and for any person or firm, to loan money for such time and on such terms as may be agreed upon, or any bond or bonds of the said city which may be issued for the purposes specified in this act. 3. This act shall be in force from its passage. CHAP. 5.-An ACT relating to Official Bonds. Be it enacted by the Legislature of West Virginia: 1. Every bond required by law to be approved by any court, board or officer, shall, unless otherwise provided, be made payable to the state of West Virginia, with one or more sureties deemed sufficient by such court, board or officer, and be proved or acknowledged before such court, board or officer. 2. Upon any bond payable as aforesaid, suits may be prosecuted, from time to time, in the name of the state, for the benefit thereof, or of any county, township or person injured by a breach of the condition, until damages be recovered equal to the penalty. 3. The declaration in such suit shall show for whose benefit it is prosecuted; and the court may, in its discretion, require security for the costs, from any party, except the state, for whose benefit such a suit shall be prosecuted. 4. Any bond to be given upon an injunction, appeal, writ of error, supersedeas, or other proceeding in a civil suit, may be made payable to the party entitled to the benefit thereof; and any bond to be given by any officer of a municipal corporation, or which may lawfully be prescribed by the ordinances of such corporation, may be made payable to the said municipal corporation. 5. When a person undertaking any office is required by law to give bond, the condition, unless otherwise provided, shall be for the faithful discharge by him of the duties of his office. 6. When a person elected or appointed to any office is required by law to give bond, if he fail to do so within the time prescribed by law, the office shall be deemed vacant; and if he act in such office before giving bond as required by law, he shall forfeit not less than one hundred nor more than one thousand dollars. 7. Every person elected or appointed to any office shall be allowed sixty days after his election or appointment in which to qualify and give the bond of his office, unless otherwise provided. 8. The sheriff of every county shall give bond, to be approved by the circuit court of the county, or the judge thereof in vacation, in such penalty, not less than twenty thousand dollars nor more than ninety thousand dollars, as the said court or judge shall deem sufficient. 9. The clerk of the supreme court of appeals, unless he be clerk pro tempore, shall give bond, to be approved by the court, in such penalty, not less than three thousand nor more than ten thousand dollars, as the court shall deem sufficient, and the court may prescribe the time within which such bond shall be given. 10. Every clerk of a circuit court, unless he be clerk pro tempore, shall give bond, to be approved by the court, or the judge thereof in vacation, in such penalty, not less than three thousand nor more than ten thousand dollars, as the court or judge shall deem sufficient. 11. The recorder of every county shall give bond, to be approved by the circuit court for such county, or the judge thereof in vacation, in such penalty, not less than three thousand nor more than ten thousand dollars, as the court or judge shall deem sufficient. 12. Every notary public shall give bond, to be approved by the circuit court for his county, or the judge thereof in vacation, in such penalty, not less than two hundred and fifty nor more than one thousand dollars, as the court or judge shall deem sufficient. 13. The secretary of the state, auditor, treasurer and public printer shall each give bond, to be approved by the governor. The bond of the secretary of the state shall be in the penalty of five thousand dollars, that of the auditor twenty thousand, of the treasurer twenty-five thousand, and of the public printer five thousand dollars. 14. Every bond required by law to be approved by the governor, shall be first submitted to the attorney general for examination; and if he be of opinion that it is in proper form and legally executed, he shall make an endorsement thereon to that effect. 15. The bonds of the treasurer, auditor and public printer shall be filed in the office of the secretary of the state; and the bond of the secretary of the state in the office of the auditor. The bond of the clerk of the supreme court of appeals shall be filed in the office of the clerk of the circuit court for the county in which the supreme court of appeals may sit. The bonds to be approved by the circuit court for any county, or the judge thereof in vacation, shall be filed in the office of the clerk of such circuit court; except that the bond of the clerk of the circuit court shall be filed in the office of the recorder of the county. 16. Any officer giving bond, who shall fail to file the same as aforesaid, shall forfeit not less than one hundred nor more than one thousand dollars. |