of them, shall terminate at the same time with the first tracts made by contract, same party, etc.; when to terminate. If contractor facture one or 13. If any contractor shall not manufacture one or more articles specified in his contract, the board may give him shall not manutwo months' notice to manufacture them, and on failure of more articles the contractor to do so within that period, the right to specified in contract; what manufacture shall cease and terminate. then. ors to furnish. 14. The contractors shall furnish all machinery and What contracttools used, except shafting and pulleys. The state will What state to furnish no machinery or tools other than the steam power furnish. required to run the machinery put in by contractors, and all attachments to said power must be at the contractor's cost. hours a day con 15. The convicts shall labor for the contractors on an What number of average ten hours a day during the year, Sundays and na- victs to work. tional holidays excepted. Days excepted. to pay amount 16. On or before the fifth week day of each month the made by clerk clerk shall make out, and the superintendent certify and of penitentiary; when, how cerdeliver to treasurer of the board a statement of the amount tified, to whom delivered and due from each contractor for the preceding month, and what to contain. within five days thereafter each contractor shall pay the When contractor amount due to said treasurer. Provided, A credit of three due. months, at the discretion of the board, be allowed to several contractors: And, provided, further, That within be allowed conand before the tenth day of December, in each year, pay- Further proviso ment in full for the previous year to the first day of the as to when full month shall be made. the Proviso as to what credit may tractors. payment shall be made. Duty of board to contracts. 17. It shall be the duty of the board to keep as many keep convicts convicts employed on contracts as the interests of the state employed on will permit, and all convicts not employed on contracts Convicts not may be employed by the superintendent under the direc- employed on tion of the board, in the performance of work for the state worked by suor temporarily hired, which hiring shall terminate when- perintendent or ever their labor is required on any contract. contracts to be hired. 18. The superintendent, under directions of the board, How superinmay employ a portion of the convicts in the manufacture tendent may employ a portion of and repair of articles used by the state in carrying on the the convicts, penitentiary, or articles used by any of the other state in stitutions. and for what. may be hired 19. A sufficient number of convicts may be hired by the How convicts superintendent for domestics, on terms to be agreed upon for domestics. between him and the board of directors. 20. No officer or employe shall receive, directly or indi- Officers and emrectly, any other compensation for his services than that ployes of the provided by law, or by the board before his appointment, State to recive nor shall he receive any compensation whatever, directly pensation than or indirectly, for any act or service which he may do or by law, etc. no other con that provi led receiving any etc. Penalty on con Dismissed from perform for or on behalf of any contractor, or agent or office, etc., for employe of a contractor. For every violation of this seccompensation tion the officer, agent, or employe of the state engaged for, etc., from any contractors, therein, shall be dismissed from his office or service, and every contractor, or employe or agent of a contractor, entractors, etc., for gaged therein, shall be expelled from the penitentiary, and violating this not again employed in it as a contractor, agent or employe. 21. No officer or employe of the state, or contractor or employe of a contractor, shall make any gift or present to a convict, or receive any from a convict, or have any barfrom a convict; ter or dealings with a convict; and for every violation of this section the party engaged therein shall incur the same penalty as is prescribed in the preceding section. section. Who prohibited from making any gift to, or receiving one and from dealing with. Penalty for. Who not to be appointed to tentiary on be employe become 22. No person shall be appointed to any office or be emany office or em- ployed in the penitentiary on behalf of the state who is a ployed in peni- contractor, or agent or employe of a contractor, or who is half of the state. interested directly or indirectly in any business carried on If any officer or therein, and should any officer or employe become such a contractor, his contractor, his agent or employe, or interested in such business, it shall be cause for such removal. And no person who is not a citizen of this state shall be appointed a guard or superintendent of any state work, nor shall any person be appointed to office or employment by virtue of state work, etc. this act who is in the habit of using intoxicating liquors, toxication justi- and a single act of intoxication shall justify a removal or discharge. agent, etc., it shall be cause for removal. Who not to be employed a guard or superintendent of Single act of in fies removal. Who to pur chase all forage, how. to be filed and preserved. 23. The commissary, or such other person as the board fuel, supplies, of directors may direct, shall purchase all the forage, fuel, etc.; articles for repairs, etc., and lights and supplies for the kitchen and hospital, and all make all sales; articles for manufacturing and repairs, and make all sales Such orders, etc. for the penitentiary, under the written orders and direction of the superintendent, subject to such rules as the To keep an ac- board may prescribe. He shall file and preserve all such of all sales and orders and directions, and keep a full and accurate account purchases. Books to be open of all such purchases and sales made by him, in a book to for inspection. be furnished for that purpose, which shall be open to the how purchased. inspection of the superintendent and the board, or any Commissary to member thereof. All other supplies shall be purchased by money due pen-order and under direction of the board. curate account Other supplies; receive no itentiary. All moneys to be paid to superintendent. Commissary to disposed of. 24. No money shall be received by the commissary for or on account of any claim due the penitentiary for sales make duplicate made by him, or other acts of his. All money so due accounts; how shall be paid to the superintendent. Duplicate accounts Superintendent shall be made out by the commissary, one to be retained by him, and laid before the board at its next monthly meeting, and the other certified to the superintendent. books of clerk. When the amount is paid to the superintendent he shall Payment to su receipt the account, and it shall be properly entered on alone discharges the books by the clerk, and payment to the superintendent the liability. shall alone discharge the liability. to receipt account when paid. To be entered in perintendent All other rev enues, except, 25. All other revenues, except herein otherwise provided, shall be paid to the superintendent and account etc., to be paid thereof be kept by the clerk, and reported to the board at to superintendits next meeting. ent. Account thereof to be kept by clerk. intendent as to 26. The superintendent shall balance his cash account at To whom and the end of each month, and report the same to the board, when reported. if in session, or at their first meeting, and on the fifth Duty of superweek day of each month pay over to the treasurer of the his cash account penitentiary so much thereof as in the opinion of the When and what board is not required for the current use of the peniten- to pay to treastiary. urer. a reasonable sum for going prison, to be accounted for 27. Visitors may be charged a reasonable sum for going Visitors charged through the prison, which sum shall be prescribed by the board. The superintendent shall procure suitable tickets, through the which shall be sold by him, who shall keep an account of fixed by board; such sales and pay the money over to the treasurer month- how collected, ly. The guard at the door of the guard room shall receive and disposed of the tickets and also keep an account of them in a book as they are received, and return them each day to the clerk after the prison is closed. The board of directors shall expend the proceeds of sales of such tickets in the purchase of a library for the use of the convicts. 28. All acts and parts of acts inconsistent with this act Inconsistent are hereby repealed. [Approved February 26, 1877.] [NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.] The foregoing act takes effect at the expiration of ninety days after its passage. acts repealed. CHAPTER XXXVI. AN ACT to establish a county court and a board of commissioners for the counties of Mineral, Hardy, Grant and Pendleton, under the thirty-fourth section of the eighth article of the constitution of the state of West Virginia. [Passed February 19, 1877.] Be it enacted by the Legislature of West Virginia: 1. In the counties of Mineral, Hardy, Grant and Pen tablish a county ers for the coun Hardy, Grant Election of judge; when. Notice to be given. How judge com missioned. Term of office. Salary. How divided be If ono county then. How paid. filled. Authority to es- dleton, there shall be elected by the qualified voters of each court and board county, at the time and places of holding the election for of commission- school officers in the year one thousand eight hundred and ties of Mineral, seventy-seven, (of which not less than ten days' notice and Pendleton. shall be given in the manner prescribed by law for holding general elections), and on the second Tuesday in October, one thousand eight hundred and eighty, and on the second Tuesday in October, in every fourth year thereafter, a judge for the county court of said counties, who shall be commissioned by the governor, and hold his office until his successor is elected and qualified. His term of office shall be four years, and he shall receive a salary of fifteen hundred dollars, to be divided equally between said counties, provided this act is adopted by the four counties; but if tween counties. One county shall reject said act, then the remaining three shall pay said salary equally, and to be paid out of the reject act; what county treasury of each, in quarterly installments. A vacancy in said office, if not more than one year shall remain of the term thereof, shall be filled by the commissioners of Vacancy in office said counties jointly, who shall appoint some one learned of judge; how in the law to fill such vacancy, a majority of whom shall make an appointment to fill such vacancy; but if more than one year of said term shall remain, then shall said appointment be made until the next general election, at which time said vacancy shall be filled by the election of some suitable person learned in the law, by the qualified What judge pro- voters of the counties. The judge of said county court, during his term of office, shall not practice the profession of law, or hold any other office, appointment or public trust, under the authority of this state or any other government; and upon his acceptance thereof, shall not be, during his continuance therein, eligible to any other political office. He may be removed from office by a concurrent vote of both houses of the legislature, when from any from office, and disease, mental or bodily infirmity, he shall be incapable of discharging the duties of the office, in the manner provided by the eighteenth section of the eighth article of the constitution of this state. He shall also be subject to impeachment for corruption, malfeasance, maladministration, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor, in the manner prescribed by the ninth section of the fourth article of said constitution, and upon conviction shall be subject to the same judgment as therein prescribed. hibited from doing during his term of office. How removed for what. May be impeached, for what and how. Who to be clerk. When clerk to be elected. His term of office. 2. The clerks of the present county courts shall be the clerks of this court until the election provided for and to be held in October, one thousand eight hundred and seventy-eight, at which time a clerk shall be elected in each of said counties for said courts, and thereafter the clerk shall hold his office for the term of four years. 3. The county court shall have original jurisdiction in diction of court. all matters of and May be limited all actions at law when the amount in controversy exceeds Original juristwenty dollars, and also in all cases of habeas corpus, quo warranto, mandamus, prohibition, certiorai, and all suits in equity. It shall have jurisdiction in all matters of probate, Jurisdiction in the appointment and qualification of personal representa- probate, etc., aptives, guardians, committees and curators, and the settle-riminal cases. ment of their accounts, and in all matters relating to apprentices; and of all criminal cases under the grade of felony, except as hereinbefore provided. But the jurisdiction of the county court, established in pursuance of this act, by law. shall be subject to such limitations as may be prescribed by law. The said courts shall have the custody, through Custody of wills, their clerks, of all wills, deeds and other papers presented deeds, etc. for probate or record in said counties, which shall be disposed of or preserved as required by law. The said county courts shall have jurisdiction of all appeals from the Appeals from judgment of justices, and its decision upon such appeals shall be final in all cases, except such as involve the title, right of possession or boundaries of lands, the freedom of a person, the validity of a law or an ordinance of any corporation, or the right of a corporation to levy tolls and taxes. justices. Decision final, except, etc. causes. 4. There shall be four sessions of said court in each sessions of court year in each of said counties, and which shall be held for for trial of the trial of causes, at the same time as is now fixed by law or ordinance in said counties; to all of which terms petit petit and grand jurors, and to one or two of said terms, as the court inay jurors. order, grand jurors shall be summoned to attend, as at the terms of the circuit courts for said counties. to remain until 5. The present sub-divisions of the said counties into dis. Present districts tricts shall constitute such districts until changed by the changed, etc. board of commissioners hereinafter mentioned. board. 6. The justices of the peace now in office, and elected in Board of comthe several districts from time to time, shall constitute a missioners; who board to be known as the board of commissioners of the to constitute the counties of Mineral, Hardy, Grant and Pendleton, respec- How to be tively. They shall meet statedly, on the same days as are known. now fixed by their respective county courts for their fiscal When to meet. and police terms in each year. board. They shall elect one of their number president of the President of board, and the clerk of the county court shall be ex officio clerk of said board of commissioners, who shall keep a Clerk of board. journal of their proceedings, including a record of their Duties of clerk. ordinances, in a volume separate from the journal of proceedings, and transact such other business pertaining to his office as may be by them or by law required, and whose compensation they shall fix by ordinance and pay from fixed and paid. the county treasury. The said boards shall each have the superintendence and administration of the internal police Jurisdiction and and fiscal affairs of the county, including the establish- duties of board. His salary; how |