The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-01-22
Text of Bill
(continped From Page Two.)

days Every such oficer shall be ac-
countnbis for such fees charged by him
or which be should have charged.
whether collected or not, miles the
county court with the approval of the
State tax commissioner enter OF rec.
ord that such fee could not have been
collected by the exercise Of due diii.
;sence.
Section IS: Whoever, being an ON.
Ger required. as Aforesaid, 10 keep
books of account. to file a report and
to pay In money to the county trea,
sury. neglects to keep such books,
make such reports or to pay said mon.
ey. as above described. or violates any
OF the provisions of this act. shall, up.
ON conviction. upon Indictment In the
Circuit Court of the county. be ad-
Judged guilty OF misconduct in Office,
and fined not more than two thousand
dollars; and such conviction shall
work an immediate forfeiture of his
Office. For the payment Of such fines
and for any amount due as above pro
vided from him In his Official capaci.
ty, the sareties of such officer shall be
liable upon their bond; and the prose
cutting attorney Of any such county or
the State tax Commissioner shall col.
ifect by suit in the name OF the State.
from the sheriff, prosecuting attorney,
and clerk OF the county court and
clerk Of the Circuit Court, and from
their %sureties. any and all such, penal.
ties and moneys SO due from said Off
GERS as above provided, and shall pay
the same into the treasury of the coun-
ty. In case the prosecuting attorney
or State tax commissioner fail 1pon
the request in writing of any tax pay.
er, for the period OF ten days after
such written request, to bring such &C
ttion as is above provided for, then
such tax payer may institute suit for
such purpose in the name Of the coun-
ty; provided, that no suit by a tax
payer shall be entertained by any
court until such tax payer shall have
given security for the COST Of the pro
ceedings. II in said action by a tax
payer 1t shall appear to the court that
he has Just cause to believe his alleg-
atoms to be true, he shall be allowed
his costs and a reasonable compenss.
ton for his attorney, to be deducted
from the salary OF the prosecuting at
torney.
Section 10. Each officer shall give
bond in the sums as now required by
law, but in all cases the surety on
such bonds shall be a fidelity or bond
ing company, authorized to transact
business in the State of West Virginia.
But no such company shall qualify as
surety upon any sheriff's bond for
more than thirty per cent. Of its paid
up capital. The annual payment 10
be paid to such surety shall not ex.
coed one-fourth OF n per cent. OF
the penalty Of SUCH bond: provided,
also, that IL any sheriff shall make at
fidayit that he has applied to all com
panies doing business in his county
for such bond, and has been refus.
ed, then such sheriff may give his BOND
with personal surety or sureties. but
in all cases the bond given shall be
approved by the State tax commission
er. No surety company or companies
executing such bonds shall receive OF
require collateral or other security
from the public official for whom suct
bond or bonds are executed.
Section 90. That all acts or parts
OF acts Inconsistent herewith, be and
the same are hereby repealed.
Section 81. This act shall take eff
feet January list. 1903.
MllZZIE ON