Chapter 29. MISCELLANEOUS BOARDS AND OFFICERS.

§1. Continuation; Functions.—The department of archives and history, heretofore established, shall be continued as a department of the state government. It shall occupy rooms in the state capitol or in such building as may be provided by the State. The department shall collect for permanent preservation, so far as can now be done, all valuable papers and documents relating to the settlement of the State, the period of the reorganized government of Virginia, and the erection and formation of West Virginia out of the territory of the mother state, with biographical matter pertaining to the men who were prominent then, together with all missing public records, state papers, documents of the legislature, executive and judicial departments, and the reports of all state officials, boards and directors of state institutions, educational, charitable, penal and otherwise, from the twentieth of June, eighteen hundred and sixty-three, to which the annual additions shall be added as produced. The department shall devise and adopt a systematic plan for the preservation and classification of all the state archives of the past, present and future. It shall carefully keep and preserve the battle flags and regimental flags borne by West Virginia organizations in war, together with all other property of whatsoever character which has been purchased by the State’s money and held in trust for the State by the West Virginia historical and antiquarian society, and all property loaned to the State by individuals for exhibition purposes. The department shall also collect books, pamphlets, papers, and such other works of history, biography, and kindred subjects as are usually found in such collections, together with the works of West Virginia authors and such others as will properly illustrate the bibliography of the State. In connection with the collections in said department, there may be a museum illustrative of history, science, the social conditions and life of the people of our country, past and present.(1905, c. 64, §§1, 2; 1919, c. 88, §2; Code 1923, c. 15B, §§1, 2; 1925, c. 7, §2.)

§2. State Historian and Archivist; Duties; Annual Report.—The department shall be in charge of a person who shall be appointed by the . governor for the term of four years, and who shall be known as the state historian and archivist. He shall be the custodian of the collections of this department and it shall be his duty to carry into operation and full effect the provisions of section one of this article. He shall have power and authority to adopt and establish such by-laws and regulations for its government as may seem necessary and proper to effect the objects of the department, subject in all matters, however, to the approval of the governor; and he shall cause to be enforced such library rules and regulations as will aid students, readers, investigators and research workers in the use of the material of the department and in the proper protection thereof. He shall employ the necessary clerical assistants and make rules and regulations for their government. He shall arrange for the publication of such matter as the legislature may from time to time provide for printing, including the editing and publishing of a quarterly historical magazine devoted to the history, biography, bibliography and genealogy of West Virginia. He shall cause the rooms of the department to be kept open to the public daily, except Sunday, from nine o’clock in the morning until five o’clock in the afternoon, throughout the year; and from seven o’clock until nine o’clock in the evening during the sessions of the legislature. He shall make annually a report to the governor to be transmitted by him to the legislature, which report shall contain a list of all the State’s papers, public documents, books, pamphlets and other property belonging to the department not theretofore published, also a statement of its annual accumulations, and a statement of the receipts and expenditures accompanied by such recommendations as he deems best for the State’s interests in said department.(1905, c. 64, §§2, 3; 1919, c. 88, §2; Code 1923, c. 15B, §§2, 3; 1925, c. 7, §§2, 3.)

§3. Delivery to State Historian and Archivist of Official Books, Records and Documents Not in Current Use; Prima Facie Evidence.—Any state, county or other official may turn over to the State historian and archivist, with his consent, for permanent preservation and record in the state department of archives and history, any official books, records, documents, original papers, or files, not in current use in his office, taking a receipt therefor: Provided, That such official shall first make and keep on record in his official files a certified copy of such book, record, document, original paper, or file. Such official may in like manner turn over to the state historian and archivist, with his consent, for the use of the State, any printed books, records, documents or reports not in current use in his office. Nothing herein, however, shall be construed to allow the removal of any books or records affecting the title to any estate within the jurisdiction of the official having custody of such records. The state historian and archivist shall embody in his report to the governor a general list of all such books, records, documents or papers so received; and upon the request of any person entitled thereto shall furnish a certified copy of any such record, document, paper, or extract therefrom, and such certified copy shall be entitled to the same weight as evidence as though certified by the official by whom such record, document, or paper was deposited with the state historian and archivist.(1919, c. 88, §2; Code 1923, c. 15B, §2; 1925, c. 7, §2.)

§4. Reports of State Officers and Institutions.—It shall be the duty of the secretary of state to deliver to the state historian and archivist, when printed, biennially, at least sixty copies of all the biennial reports of state officials, of all boards, and of the presidents or super intendents of state institutions, to be exchanged for similar documents of other states.(1905, c. 64, §4; Code 1923, c. 15B, §4.)

§1. Entry on Lands for Surveying Under Federal Acts.—It shall be lawful for any person or persons employed under and by virtue of an act of the congress of the United States, passed February the tenth, eighteen hundred and seven, and all acts supplemental thereto, at any time hereafter to enter upon lands within this State for the purpose of exploring, surveying, triangulating or leveling, or doing any other matter or thing which may be necessary to effect the objects of said act; and to erect any works, stations, buildings or appendages requisite for that purpose, doing no unnecessary injury to private or other property.(1881, c. 84, §1; Code 1923, c. 15C, §1.)

§2. Condemnation of Land for Such Purposes.—In case the person or persons employed under the act of congress aforesaid, or acts supplemental thereto, can not agree with the owners or possessors of the land so entered upon and used as to the amount of damages done thereto by reason of the removal of fences, cutting of trees, or injury to the crop or crops growing on the same, it shall be lawful for such parties, or either of them, to apply, in the name of the United States of America, to the circuit court of the county to have the same condemned, and such application shall be proceeded in, tried and determined, in all respects as provided in chapter fifty-four of this Code.(1881, c. 84, §2; Code 1923, c. 15C, §2.)

§3. Unlawful Interference With Signal, Monument or Building; Penalty.—If any person or persons shall wilfully injure, deface or remove any signal, monument, or building, or any appendage thereto, erected, used or constructed under and by virtue of the act of congress aforesaid, or any act or acts supplemental thereto, such persons so offending shall severally forfeit and pay the sum of fifty dollars with the costs of suit, to be sued for and recovered by any person who shall first prosecute the same before any justice of the peace of the county where the person so offending may reside, and shall also be liable to pay the amount of damages thereby sustained, to be recovered with the cost of the suit in an action on the case, in the name and for the use of the United States of America, in any court of competent jurisdiction.(1881, c. 84, §3; Code 1923, c. 15C, §3.)

§4. State Geological and Economic Survey; Commission; Superintendent.—The state geological and economic survey, heretofore established, shall be continued under the direction of a commission composed of the governor, the treasurer, the president of West Virginia university, the commissioner of agriculture and the director of the West Virginia agricultural experiment station, who shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of their official duties. The commissioners shall have general charge of the survey, and shall appoint as superintendent of the same a geologist of established reputation, and such assistants and employees as they may deem necessary; and they shall also determine the compensation of all persons employed by the survey, and may remove them at pleasure.(1897, c. 6, §1; Code 1923, c. 15C, §4.)

§5. Objects of Survey.—The survey shall have for its objects:

(a) An examination of the geological formations of the State, with special reference to their economic products, namely: Building stones and other constructive materials and resources, clays, ores and other mineral substances and fuels, the prevention of their waste, and the utilization of by-products;

(b) An examination and classification of the soils and a study of their adaptability to particular crops;

(c) An examination of the forest and timber lands of the State with reference to the economic utilization of the same and the preservation of their waste;

(d) An examination of the physical features of the State with reference to their practical bearing upon the occupations of the people, the industrial development and the material prosperity of the several portions of the State, having due regard to their varying resources, conditions and needs;

(e) The preparation of special geological and economic maps to illustrate the resources of the State;

(f) The preparation of special reports, with necessary illustrations and maps, which shall embrace both a general and detailed description of the geology and natural resources of the State;

(g) The consideration of such other scientific and economic questions as in the judgment of the commissioners shall be deemed of value to the people of the State, and the immediate establishing and the proper marking of the true meridian points in the several county seats of the State.(1897, c. 6, §2; Code 1923, c. 15C, §5.)

§6. Reports to Legislature.—The commissioners shall cause to be prepared a report to the legislature before each meeting of the same, showing the progress and condition of the survey, together with such other information as they may deem necessary and useful or as the legislature may require.(1897, c. 6, §3; Code 1923, c. 15C, §6.)

§7. Distribution of Reports.—The regular and special reports of the survey, with proper illustrations and maps, shall be printed as the commission may direct, and the reports shall be distributed or sold by the commission as the interests of the State, the diffusion of practical information relating to the development of the State, and the advancement of science, may demand. All moneys obtained by the sales of the reports may be used to defray the costs of publication and their distribution to the people, and any balance remaining shall be paid into the treasury.(1897, c. 6, §4; 1903, c. 50, §4; Code 1923, c. 15C, §7.)

§8. Distribution of Surplus Materials.—All materials collected, after having served the purpose of the survey, shall be distributed by the commissioners to the educational institutions in such manner as to be of the greatest advantage to the educational interests of the State; or, if deemed advisable, the whole or part of such material shall be put on permanent exhibition.(1897, c. 6, §5; Code 1923, c. 15C, §8.)

§9. Right of Engineers and Surveyors to Enter on Property.—The engineers, surveyors and other persons employed by and acting for said survey, and all such persons employed by and acting for the United States geological survey, or other department of the United States government, having for their purposes the obtainment and diffusion of practical information relating to the resources and development of the State, the advancement of science, and the carrying out of the objects of the State geological and economic survey, shall have the right to enter upon all lands, either public or private, and into all mines, for the purpose of exploring, surveying, or doing any other thing which may be necessary to effect such objects, and examine any property, products or developments, relating to the objects of said survey, within the State, without molestation or arrest, and without being liable to the owners thereof, except for actual damages done to the property.(1903 c. 50, §6; Code 1923, c. 15C, §9.)

§1. State Fire Marshal; Appointment; Term of Office.—There shall be a state fire marshal, who shall be a citizen of this State. He shall be appointed by the insurance commissioner of the State and shall serve during the will and pleasure of such commissioner.(1909, c. 59, §1; 1911, c. 37, §1; Code 1923, c. 48A, §1.)

§2. Deputy and Assistant Marshals.—The state fire marshal shall appoint one deputy fire marshal, whose duty it shall be to assist the state fire marshal, and in case of the absence or disability of that officer the deputy fire marshal shall perform the duties of the office. The state fire marshal may employ such assistants as are necessary in the performance of the duties of his office, and in any incorporated city he may appoint the chief of the fire department as an assistant fire marshal. In cases where the chief of such fire department is a regularly salaried officer and devotes his entire time to his duties as fire chief, he shall receive no extra salary for services rendered the State while working under the provisions of this article.(1909, c. 59, §2; 1911, c. 37, §2; Code 1923, c. 48A, §2.)

§3. Marshal and Deputy to Devote Entire Time to Duties of Office.—The state fire marshal and deputy fire marshal shall devote their entire time to the duties required of them by this article.(1909, c. 59, §19; 1911, c. 37, §19; Code 1923, c. 48A, §19.)

§4. Salary and Expenses of Marshal and Deputy; Clerks.—The state fire marshal shall receive an annual salary of four thousand dollars, and the deputy fire marshal shall receive an annual salary of two thousand five hundred of dollars. The state fire marshal shall be authorized to employ stenographers and clerks and incur such other expenses as may be necessary in the performance of the duties of his office, including necessary traveling expenses, not to exceed, including salary, such sums as may be paid into the state treasury in the manner here inafter provided, or by appropriation or contribution.(1909, c. 59, §15; 1911, c. 37, §15; 1919, c. 9, §15; 1921, c. 125, §15; Code 1923, c. 48A, §15.)

§5. Control by Insurance Commissioner; Removal of Marshals; Headquarters.—The state fire marshal, his deputy, assistants and clerks shall he under the direct supervision and control of the insurance commissioner, who may remove from office such fire marshal, deputy, assistant or clerk for cause at any time that such removal may be deemed necessary for the good of the department. The headquarters of the fire marshal department shall be in the office of the insurance commissioner. Whenever it may seem necessary, the insurance commissioner may personally visit and investigate any fire in accordance with the provisions of this article.(1909, c. 59, §23; 1911, c. 37, §23; Code 1923, c. 48A, §23.)

§6. Investigation of Fires.—The state fire marshal, his deputy or assistants, and the chief of the fire department of every city or town in which a fire department is established, the mayor of every incorporated city or town in which no fire department exists, and the justice of the peace of every magisterial district outside of any city or town, shall investigate or cause to be investigated the cause, origin and circumstances of every fire occurring in every city, town or district, within their respective jurisdictions, by which property has been destroyed or damaged, when the damage exceeds fifty dollars, except that all fires of unknown origin shall be reported, and shall especially make investigation as to whether such fire was the result of carelessness, accident or design.(1909, c. 59, §3; 1911, c. 37, §3; Code 1923, c. 48A, §3.)

§7. Time for and Supervision of Investigation.—Such investigation shall be begun within five days of the occurrence of such fires, and the state fire marshal, his deputy or assistant, shall have the right to supervise or direct such investigation whenever he deems it expedient or necessary.(1909, c. 59, §4; 1911, c. 37, §4; Code 1923, c. 48A, §4.)

§8. Report and Record of Investigation.—The officer making investigation of fires occurring in incorporated cities, towns or magisterial districts shall forthwith notify the state fire marshal, and shall, within one week of the occurrence of the fire, furnish to him a written statement of all the facts relating to its cause and origin, and such further information as may be called for by the blanks furnished by the state fire marshal. The state fire marshal shall keep in his office a record of all fires occurring in the State, together with all facts, statistics and circumstances, including the origin of the fires, which may be determined by the investigation provided by this article. Such statistics shall be open at all time to public inspection, except such investigations as are not completed.(1909, c. 59, §5; 1911, c. 37, §5; Code 1923, c. 48A, §5.)

§9. Allowance for Reporting Fires.—There shall be paid to the chiefs of the fire departments and to the mayors of cities and towns who do not receive to exceed twenty dollars annually as compensation for their services as such chiefs and mayors, and to justices of the peace, who are by this article required to report fires to the state fire marshal, the sum of one dollar for each fire reported to the satisfaction of the state fire marshal, and in addition thereto mileage at the rate of five cents per mile for each mile traveled to and from the place of the fire. Said allowance shall be paid, after the same has been approved by the state fire marshal, during the month of March of each year, out of the fund provided for in section twenty-four of this article.(1909, c. 59, §21; 1911, c. 37, §21; Code 1923, c. 48A, §21.)

§10. When Such Allowance Not Granted.—All chiefs of fire departments who receive a stated salary, or are paid a stated sum for each fire fought, and mayors of cities or towns who receive a stated salary exceeding twenty dollars per year, shall be precluded from receiving any extra allowance for the reports herein mentioned.(1909, c. 59, §22; 1911, c. 37, §22; Code 1923, c. 48A, §22.)

§11. Supplemental Investigation; Prosecutions.—When in his opinion further investigation is necessary, the state fire marshal, deputy fire marshal or an assistant fire marshal shall take, or cause to be taken, the testimony on oath of all persons supposed to be cognizant of any facts, or to have any means of knowledge in relation to the matters, as to which an examination is herein required to be made, and shall cause the same to be reduced to writing, and, if he shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson or incendiarism, he shall arrest or cause such person to be arrested and charged with such offense, and shall furnish to the proper prosecuting attorney all such evidence, together with the names of witnesses and all information obtained by him, including a copy of pertinent and material testimony taken in the case, and shall keep a record of the proceedings and the progress made in all such prosecutions, and the result of all cases finally disposed of. He shall, where possible, assist the prosecuting attorney during the progress of the trial.(1909, c. 59, §6; 1911, c. 37, §6; Code 1923, c. 48A, §6.)

§12. Conduct of Investigation; Witnesses.—The state fire marshal, deputy fire marshal or assistant fire marshal shall have power in any county of this State to summon and compel the attendance of witnesses before him to testify in relation to any matter which is by the provisions of this article a subject of inquiry and investigation, and may require the production of any books, papers or documents deemed pertinent thereto by him. Such witness shall be subpoenaed in the same manner as witnesses in the circuit court. They shall receive the same compensation, which shall be paid out of the fire marshal fund upon vouchers signed by the state fire marshal, deputy fire marshal or assistant fire marshal, before whom any witness shall have attended, and such officer shall, at the close of the investigation wherein such witness was subpoenaed, certify to the attendance and mileage of such witness, which certificate shall be filed in the office of the state fire marshal. All investigations held under the direction of or by the state fire marshal, his deputy or assistant, may at his discretion be private, and persons other than those required to be present by the provisions of this article may be excluded from the place where such investigation is held, and witnesses may be kept separate and apart from one another and not allowed to communicate with one another until they have been examined.(1909, c. 59, §7; 1911, c. 37, §7; Code 1923, c. 48A, §7.)

§13. Oath of Witness in Investigation; False Swearing.—The state fire marshal, deputy fire marshal or assistant fire marshal are each hereby authorized and empowered to administer oaths and affirmations to any witness appearing before him, and any person who wilfully swears falsely in any matter or proceeding aforesaid shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail for one year and fined not exceeding one thousand dollars.(1909, c. 59, §8; 1911, c. 37, §8; Code 1923, c. 48A, §8.)

§14. Contempt by.. Witness.—Any witness who refuses to be sworn, or refuses to testify, or who disobeys any lawful order of the state fire marshal, deputy fire marshal or assistant fire marshal, in relation to such investigation, or who fails or refuses to produce any book, paper or document touching any matter under examination, or who is guilty of contemptuous conduct, after being summoned to appear before him to give testimony in relation to any matter or subject under examination or investigation as aforesaid, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding one hundred dollars, or committed to the county jail for a period of not less than thirty nor more than ninety days.(1909, c. 59, §9; 1911, c. 37, §9; Code 1923, c. 48A, §9.)

§15. Right to Enter Buildings Wherein or Near Which Fire has Occurred.—The state fire marshal, deputy fire marshal or assistant fire marshal shall have authority, at any time, in the performance of the duties imposed by this article, to enter and examine any building or premises where any fire has occurred, or any other building or premises adjoining or near the same.(1909, c. 59, §10; 1911, c. 37, §10; Code 1923, c. 48A, §10.)

§16. Right to Enter Buildings for Purpose of Examination.—The state fire marshal, his deputy or assistant, the chief of the fire department of each city or town where a regularly organized fire department is established, the mayor of a city or town where no fire department exists, or the justice of the peace of any magisterial district, at all reasonable hours, may enter into any building or premises within their jurisdiction for the purpose of examination.(1909, c. 59, §11; 1911, c. 37, §11; Code 1923, c. 48A, §11.)

§17. Exit Doors of Public Buildings; Regulation of Unsafe Premises; Appeals.—All the exit doors of all school houses, churches, theatres, and all other buildings used for public assemblages, or which are open to the general public, except one and two-room school houses and country churches, shall swing outward. Any owner of such property, his agent or trustee, or any other person who shall violate any of the provisions of this paragraph, shall be guilty of a misdemeanor, and, upon conviction before any justice of the peace or other court of competent jurisdiction, shall be fined not less than ten nor more than fifty dollars, and every day such violation continues shall constitute a separate offense.

If any officer named in the preceding section shall find any building or other structure, which, for want of repairs, or by reason of age, or dilapidated condition, or for any other cause, is especially liable to fire, and which is so situated as to endanger other buildings and property, or if any such officer shall find in any building or upon any premises any combustible or explosive material or inflammable conditions dangerous to the safety of such building or premises, he shall have power to make reasonable orders for the repair or removal of the same, and such orders shall forthwith be complied with by the owner or occupant of such building or premises.

If any person deems himself aggrieved by an order of any subordinate officer named in the preceding section, he may appeal to the state fire marshal within twenty-four hours, and the cause of the complaint shall at once be investigated by the direction of the state fire marshal. Unless such order is annulled by the state fire marshal, it shall remain in full force and forth with be complied with by such owner or occupant.(1909, c. 59, §12; 1911, c. 37, §12; Code 1923, c. 48A, §12; 1929, c. 85.)

§18. Fire Escapes for Factories, Hotels and Tenements.—Every building or structure in this State of three or more stories in height, used as a factory or workshop, and in which ten or more persons are employed above the first story, or any hotel three or more stories in height, or any other building of more than three stories in height occupied or used as a tenement house, shall be provided with one or more suitable and substantial metallic fire escapes or ladders, reaching from the top of the first story to the cornice, and placed on the out side of the building. At each story above the first there shall be one or more metallic balconies substantially attached to the building and to the fire escape. Such fire escapes and balconies shall be in such number, size, capacity, design and location as shall be necessary to furnish reasonable means of escape to all persons employed in the building in case of fire. No such building or structure shall be used as a factory or workshop in which ten or more persons are employed above the first story, or a hotel three or more stories in height, or a tenement house of more than three stories in height, until the same is so equipped.(1905, c. 76, §§1, 2; Code 1923, c. 15S, §§1, 2.)

§19. Inspection of Fire Escapes; Notice to Provide Adequate Fire Escapes.—It shall be the duty of the officers named in section sixteen annually to inspect every such building described in the preceding section within their respective jurisdictions. They shall inspect any such building at any other time that they deem proper, and shall promptly inspect any such building whenever complaint thereof may be made to them in writing by any person. They shall serve written notice upon the owner, or his agent, of every such building not so provided with adequate fire escapes to provide the same within thirty days thereafter. It shall be the duty of the owner of such building to comply with such notice and to provide such adequate fire escapes within thirty days thereafter.(1905, c. 76, §3; Code 1923, c. 15S, §3.)

§20. Fire Escapes in General.—If any officer named in section sixteen shall find any building or other structure of three stories or more in height, except private dwellings, which, by reason of its construction, use, situation, or for any other cause, is liable to cause loss of life in the event of its destruction by fire, he shall have power to order the installation of fire escapes and the necessary exits thereto.(1921, c. 103, §12a; Code 1923, c. 48A, §12a.)

§21. Moving Picture Theaters; Appeals.—Any officer named in section sixteen shall have the power to issue regulations and orders to owners and proprietors of moving picture theaters providing for necessary exits and aisles, or any other order for the purpose of safeguarding lives: Provided, That if the owner or proprietor of any building or structure in dicated in the preceding section, or the owner or proprietor of any moving picture theater indicated in this section, deems himself aggrieved by an order of a subordinate officer named in said section sixteen, he shall have the same right of appeal to the state fire marshal as provided in section seventeen.(1921, c. 103, §12b; Code 1923, c. 48A, §12b.)

§22. Failure to Comply With Order; Penalty; Nuisance.—Any owner or occupant of a building or premises failing to comply with any reasonable order of the authorities above specified shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten nor more than fifty dollars for each day’s neglect; and in addition, if any such owner shall fail, for a period of sixty days after the receipt of such notice, to provide adequate fire escapes, the building may be declared a nuisance.(1905, c. 76, §4; 1909, c. 59, §13; 1911, c. 37, §13; Code 1923, c. 15S, §4, c. 48A, §13.)

§23. Neglect of Duty by Officers.—Any officer who shall fail to perform any duty required of him by this article, or shall violate any of its provisions, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than fifty dollars for each neglect or violation.(1905, c. 76, §4; 1909, c. 59, §14; 1911, c. 37, §14; Code 1923, c. 15S, §4, c. 48A, §14.)

§24. Fund for Maintenance of Office of State Fire Marshal.—For the purpose of maintaining the office of state fire marshal and paying the expenses incident thereto, every fire insurance company doing business in this State, except farmers’ mutual cooperative fire insurance companies or associations, shall pay into the state treasury, annually, on or before the first day of March, in addition to the taxes now required by law to be paid by such companies, one-half of one per cent of the net premium receipts of such companies on all business done in this State during the year next preceding, as shown by their annual statement under oath to the insurance department. The money so received into the treasury shall be set aside as a special fund for the maintenance of the office of state fire marshal and the expenses incident thereto. The State shall not be liable in any manner for the salary of the fire marshal, deputy fire marshal, assistant fire marshal, clerk, or for the maintenance of such office, or any expense incident thereto, and the same shall be payable only from the special fund provided for in this section or by appropriation or contribution.(1909, c. 59, §16; 1911, c. 37, §16; Code 1923, c. 48A, §16.)

§25. Surplus in Such Fund.—Whenever at any time there shall accumulate in the special fund a surplus sufficient to maintain the office of state fire marshal for the period of one year, then in the discretion of the state fire marshal the foregoing special tax for such year may be omitted.(1909, c. 59, §17; 1911, c. 37, §17; Code 1923, c. 48A, §17.)

§26. Statement and Payment of Expenses.—The state fire marshal shall file in the office of the insurance commissioner an itemized statement of all expenses incurred by his office, and all vouchers issued therefor shall be signed by the state fire marshal and shall be allowed and paid out of the fund provided for in section twenty-four, in the same manner as other claims against the State.(1909, c. 59, §18; 1911, c. 37, §18; Code 1923, c. 48A, §18.)

§27. Annual Report of State Fire Marshal.—The state fire marshal shall submit to the insurance commissioner annually, as early as consistent with full and accurate preparation, a detailed report of his official acts.(1909, c. 59, §20; 1911, c. 37, §20; Code 1923, c. 48A, §20.)

§1. Notaries in Office When Code Takes Effect.—The notaries in office on the date this Code takes effect shall continue therein until their respective terms of office shall expire, unless otherwise sooner removed in the manner prescribed by law.(Code 1868, c. 51, §1; 1882, c. 20, §1; 1909, c. 46, §1; Code 1923, c. 51, §1.)

§2. New Appointments; Removal or Vacation of Office.—The governor shall appoint and commission so many notaries in this State, and for such counties, as he may deem proper, who shall hold their office respectively for a term of ten years from the date of their commission. Before such appointment is made, the applicant shall obtain from the county court of his county a certificate showing him to be a person competent to perform the duties of such office, of good moral character, and a resident of the county from which the appointment is made. Any notary may be removed or his office vacated in the manner prescribed by law.(Code 1849, c. 120, §1; 1855-6, c. 58, §1; Code 1860, c. 120, §1; Code 1868, c. 51, §2; 1882, c. 20, §2; 1909, c. 46, §2; Code 1923, c. 51, §2.)

§3. Power as to Oaths, Affidavits and Depositions.—When any oath may lawfully be administered, or affidavit or deposition taken, within any county, it may be done by a notary thereof, unless otherwise expressly provided by law.(Code 1868, c. 51, §3; 1882, c. 20, §3; Code 1923, c. 51, §3.)

§4. Power to Take Acknowledgments and as Conservator of Peace.—A notary, under the regulations prescribed by law, may take, within his county, acknowledgments of deeds and other writings. He shall also be a conservator of the peace within his county, and as such conservator shall exercise all the powers conferred by law upon justices of the peace.(Code 1868, c. 51, §4; 1882, c. 20, §4; Code 1923, c. 51, §4.)

§5. Necessity for Seal.—The certificate of a notary of this State, in cases specified in the two preceding sections, may be under his signature, without his notarial seal being affixed thereto.(Code 1868, c. 51, §5; 1882, c. 20, §5; Code 1923, c. 51, §5.)

§6. Powers as to Protests and Other Matters.—Notaries shall have authority to demand acceptance of foreign and inland bills of exchange, including checks, and to demand payment thereof, and of negotiable promissory notes, and protest the same for nonacceptance or nonpayment, as the case may require; and perform such other duties as by the law of nations or commercial usage may be performed by notaries public.(Code 1868, c. 51, §6; 1882, c. 20, §6; Code 1923, c. 51, §6.)

§7. Powers of Notaries Connected With Banks or Other Corporations.—It shall be lawful for any notary who is a stockholder, director, officer or employee of a banking institution, including national banking associations, or other corporation, to take the acknowledgment of any party to any written instrument executed to or by such corporation, or to administer an oath to any other stockholder, director, officer, employee or agent of such corporation, or to protest, for nonacceptance or nonpayment, bills of exchange, drafts, checks, notes and other negotiable instruments which may be owned or held for collection by such corporation.: Provided, That it shall be unlawful for any notary public to take the acknowledgment of an instrument by or to a banking institution, including national banking associations, or other corporation, of which he is a stockholder, director, officer, or employee, when such notary is a party to such instrument, either personally or as a representative of such corporation; or to protest any negotiable instrument owned or held for collection by such corporation, when such notary is personally a party to such instrument.[1919, c. 60, §79a(12); Code 1923, c. 54, §79a(11).]

§8. Signature of Notary to State Date of Expiration of Commission.—The official signature of any notary shall state the date of expiration of his commission, but a misstatement of such date shall not invalidate any official act of such notary, if his commission be at the time thereof in force.(1909, c. 46, §16; Code 1923, c. 51, §16.)

§9. Disposition of Records on Death of Notary or Termination of Office.—On the death of a notary, or the termination of his office by resignation, removal from office or otherwise, his records and official papers shall be deposited in the office of the clerk of the county court of the county; and copies thereof certified by such clerk shall have the same effect as if certified by the notary.(Code 1868, c. 51, §8; 1882, c. 20, §8; Code 1923, c. 51, §8.)

§10. Violation of Preceding Section; Penalty.—A notary who, for three months after the termination of his office, neglects so to deposit his records and official papers, and the personal representative of a deceased notary who, for three months after his qualification as such representative, neglects so to deposit the records and official papers of the deceased which have come to his hands or control, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding five hundred dollars.(Code 1868, c. 51, §9; 1882, c. 20, §9; Code 1923, c. 51, §9.)

§11. Destruction or Defacement of Notarial Records; Penalty.—Whoever knowingly destroys, defaces or conceals the records or official papers of a notary shall be guilty of a misdemeanor, and, upon conviction thereof, shall he fined not exceeding one thousand dollars, and whether convicted or not, he shall be liable in damages to any person injured thereby.(Code 1868, c. 51, §10; 1882, c. 20, §10; Code 1923, c 51, §10.)

§12. Commissioners Out of the State.—The governor shall appoint out of this State, and within the United States, so many commissioners, and for such states, territories and districts as to him shall seem proper, who shall hold their offices for four years, unless sooner removed by the governor. The commissioners in office on the date this Code takes effect shall continue therein until their respective terms shall expire, unless sooner removed in the manner prescribed by law. The governor shall, within thirty days after the beginning of each regular session of the legislature, communicate to it the name and residence of each person holding office under such appointment, and the same shall be published with the acts of the legislature.(Code 1849, c. 120, §2; 1855-6, c. 58, §2; Code 1860, c. 120, §2; Code 1868, c. 51, §11; 1882, c. 20, §11; Code 1923, c. 51, §11.)

§13. Power of Commissioner as to Oath, Affidavits and Depositions.—When any oath may lawfully be administered, or affidavit or deposition taken, within the State, territory or district for which any such commissioner is appointed, to be used in this State, it may be done by such commissioner.(Code 1868, c. 51. §12; 1882, c. 20, §12; Code 1923, c. 51, §12.)

§14. Power of Commissioner to Take Acknowledgments.—Such commissioners, under the regulations prescribed by law, may take, within the states, territories and districts, respectively, for which they are appointed, the acknowledgments of deeds and other writings to be admitted to record in this State.(Code 1868, c. 51, §13; 1882, c. 20, §13; Code 1923, c. 51, §13.)

§15. Seal of Commissioner.—Every such commissioner shall provide an official seal, in which shall be designated his name and residence, and the words (either at length or by intelligible abbreviations) “commissioner for West Virginia in” (here insert the name of the State, territory or district for which he is appointed), an impression of which seal, together with his signature, shall be forthwith transmitted to and filed in the office of the secretary of state.(Code 1868, c. 51, §14; 1882, c. 20, §14; Code d, 1923, c. 51, §14.)

§16. Authentication of Commissioner’s Certificate.—Every certificate of such commissioner shall be authenticated by his signature and official seal.(Code 1868, c. 51, §15; 1882, c. 20, §15; Code 1923, c. 51, §15.)

§1. Director.—The bureau of negro welfare, and statistics, heretofore established, shall be continued. It shall be in charge of a director who shall be a member of the negro race, to be appointed by the governor, by and with the advice and consent of the senate, and shall hold office for four years, unless sooner removed according to law.(1921, c. 146, §1; Code 1923, c. 15T, §1.)

§2. Duties.—The duties of the director shall be to study the economic condition of the negro throughout the State; to inspect negro hotels, restaurants, pool rooms and barber shops and to report to responsible officials conditions that are not conducive to the health and morals of the community; to encourage the ownership of homes and farms in this State by negroes, and to furnish such information to persons and corporations interested in securing homes and farms for negroes in this State as may be requested; to stimulate and encourage thrift, industry and economy among negroes and to promote the general welfare and uplift of the negro race in this State; to consider all questions pertaining to the negro that may be referred to him by any and all departments of the state government and recommend a solution of any and all problems so submitted; to prepare and keep records of the number of negroes employed in the several industries, trades, professions, and upon the farms of the State, of the number and location of industries, businesses, plants, homes and farms owned and operated by negroes, with the number and sex of persons employed by them; to promote and encourage friendly and harmonious relations between the white and negro races; to report to the legislature, through the governor, all his acts and doings, and to make such recommendations for the solution of any problem or problems affecting the negro that he may deem advisable.(1921, c. 146, §2; Code 1923, c. 15T, d §2.)

§3. Salary.—The salary of the director shall be three thousand six hundred dollars per annum and actual necessary traveling expenses, to be paid in the same manner as other state officials are paid.(1921, c. 146, §3; Code 1923, c. 15T, §3.)

§4. Office of Bureau.—The board of public works shall provide an office for the bureau and provide such clerical assistants as may be necessary.(1921, c. 146, §4; Code 1923, c. 15T, §4.)

§1. Qualifications; Appointment; Bond; Salary; Expenses; Office; Assistance.—There shall be a state veterans’ service officer, who shall be a citizen of this State entitled to vote and a veteran of the world war. The service officer in office when this Code takes effect shall, unless sooner removed, continue to serve until his term expires and his successor has been appointed and has qualified. On or before the first day of June, nineteen hundred and thirty–one, and on or before the first day of June of each fourth year thereafter, the governor shall appoint a state veterans’ service officer for a term of four years, commencing on said first day of June, Any person so appointed as such service officer shall give bond with good security to be approved by the governor, in the penalty of five thousand dollars. The salary of the state veterans’ service officer shall be three thousand dollars per year. He shall be paid his actual disbursements for traveling expenses, an itemized account of which shall be filed with the auditor before payment thereof. He shall be provided with an office in the capitol building and with such furniture and clerical assistance as shall be necessary: Provided, That all expenses allowed hereunder, exclusive of the salary aforesaid, shall not exceed five thousand dollars per annum.(1927, c. 2, §1.)

§2. Duties.—The duties of the state veterans’ service officer shall be to assist all veterans who have participated in any of the wars of the United States of America as soldiers, sailors or marines, or who have an honorable discharge from the armed forces of the United States of America, in properly presenting their claims be fore the United States Veterans’ Bureau or before any other bureaus or departments of the United States government, the State of West Virginia, or any of the several states of the United States when such claims arise out of such service with the said armed forces; to contact all veterans’ organizations which are engaged in welfare and relief work in the State of West Virginia and render all possible assistance to veterans and families of veterans within the State and to furnish to such veterans and families of veterans information on compensation, insurance, rehabilitation, hospitalization and allowances, provided by the United States government, the State of West Virginia, and the several other states of the United States; to make careful inquiry into all claims presented for payment to the state treasurer from any appropriation hereafter made for the relief of sick, disabled or indigent soldiers, sailors or marines, residing in West Virginia, who served in the armed forces of the United States of America during the world war.(1927, c. 2, §§2, 3.)

§1. Appointment; Qualifications; Salary.—There shall be a poet laureate of West Virginia, who shall be appointed by, and serve during the will and pleasure of the governor. No person shall be eligible to such appointment who is not a resident of this State, and who has not written and published poems of recognized merit. The poet laureate shall receive an annual salary of nine hundred dollars, payable in equal monthly installments.(1927, c. 3.)