Chapter 7. COUNTY COURTS AND COUNTY OFFICERS.

§1. Corporation; How Constituted; President.—The county court of every county shall be a corporation by the name of “The county court of............................... county,” by which name it may sue and be sued, plead and be impleaded, and contract and be contracted with. It shall consist of three commissioners, as provided in the eighth article of the Constitution of the State, any two of whom shall constitute a quorum for the transaction of business. The court shall annually, at its first session in each year, or as soon thereafter as practicable, elect one of the commissioners as president of the court.(Code 1849, c. 157, §1; Code 1860, c. 157, §1; Const. 1863, art. 7, §3; 1863, c. 78, §1, c. 91, §4; Code 1868, c. 39, §§1, 3, 13; Const. 1872, art. 8, §§23, 24; same, as amended 1880, art. 8, §§22, 23; 1881, c. 5, §§1, 2, 3; Code 1923, c. 39, §§1, 2, 3.)

§2. Sessions.—The county court of each county shall hold four regular sessions in each year at the courthouse thereof, at such times as may be fixed upon and entered of record by the court. It may also hold special sessions, whenever the public interests may require it, to be called by the president with the concurrence of at least one other commissioner; and the commissioner, if any, not concurring therein, must have at least twenty-four hours’ notice of the time appointed for such special session. A notice of the time of such special session, and of the purpose for which it will be held, shall be posted by the clerk of the court, at the front door of the courthouse of the county, at least two days before such session is to be held. If such commissioner, after due notice thereof, shall willfully fail to attend such special session, he shall forfeit not less than five nor more than twenty dollars.(Const. 1863, art. 7, §3; Code 1868, c. 39, §§4, 5, 9; Const. 1872, art. 8, §23; same, as amended 1880, art. 8, §22; 1881, c. 5, §§6, 7; Code 1923, c. 39, §§6, 7.)

§3. Jurisdiction, Powers and Duties.—The county courts, through their clerks, shall have the custody of all deeds and other papers presented for record in their counties, and the same shall be preserved therein, or otherwise disposed of as now is, or may be prescribed by law. They shall have jurisdiction in all matters of probate, the appointment and qualification of personal representatives, guardians, committees, curators, and the settlement of their accounts, and in all matters relating to apprentices. They shall also, under such regulations as now are or may be prescribed by law, have the superintendence and administration of the internal police and fiscal affairs of their counties, including the establishment and regulation of roads, ways, bridges, public landings, ferries and mills, with authority to lay and disburse the county levies. They shall, in all cases of contest, judge of the election, qualification and returns of their own members, and of all county and district officers, subject to appeal as prescribed by law. Such tribunals as have been heretofore established by the legislature under and by virtue of the thirty-fourth section of the eighth article of the Constitution of eighteen hundred and seventy-two, for police and fiscal purposes, shall, until otherwise provided by law, remain and continue as at present constituted in the counties in which they have been respectively established, and shall be and act as to police and fiscal matters in lieu of the county court herein mentioned, until otherwise provided by law. And until otherwise provided by law, such clerk as is mentioned in the twenty-sixth section of the eighth article of the Constitution, as amended, shall exercise any powers and discharge any duties heretofore conferred on, or required of, any court or tribunal established for judicial purposes under the said article and section of the Constitution of eighteen hundred and seventy-two, or the clerk of such court or tribunal respectively, respecting the recording and preservation of deeds and other papers presented for record, matters of probate, the appointment and qualification of personal representatives, guardians, committees, curators and the settlement of their accounts, and in all matters relating to apprentices.(Const. 1863, art. 7, §4; 1863, c. 78, §3; Code 1868, c. 39, §23; Const. 1872, art. 8, §§27-29; same, as amended 1880, art. 8, §24; 1881, c. 5, §9; Code 1923, c. 39, §9.)

§4. Compensation of Commissioners for Services in Court.—Each commissioner who attends the session of said court shall receive for his services two dollars per day for every day he shall so attend, to be paid out of the county treasury.(Code 1868, c. 39, §15; Const. 1872, art. 8, §24; same, as amended 1880, art. 8, §23; 1881, c. 5, §8; Code 1923, c. 39, §8.)

§5. Duty to Inspect Roads and Bridges; Further Compensation.—It shall be the duty of the county commissioners of each county to visit and inspect monthly, and oftener if necessary, all road and bridge construction therein, and from time to time to visit and inspect all the roads of the county. There shall be allowed and paid out of the county treasury, as other salaries are paid, to each county commissioner in each county, (except as otherwise provided by law for the county of Ohio), for services performed for such county concerning roads, bridges and other county business by such commissioners, other than services in court, the following sum of money, to-wit: For commissioners in counties which now have or may have at any decennial census of the United States less than thirty thousand population, twenty-five dollars per month; for commissioners in counties having more than thirty thousand and less than fifty thousand population at such census, one hundred dollars per month; for commissioners in counties having more than fifty thousand and less than one hundred thousand population at such census, two hundred dollars per month; and for commissioners in counties having more than one hundred thousand population at such census, two hundred and fifty dollars per month: Provided, That the commissioners for the counties of Jefferson and Preston shall each receive thirty-five dollars per month; the commissioners for the county of Wayne, seventy-five dollars per month; the commissioners for the county of Berkeley, one hundred dollars per month; and the commissioners for the county of Monongalia, two hundred dollars per month.(1921, c. 141, §§1, 2, c. 160, §§1, 2; Code 1923, c. 39, §§8a, 23b; 1923, c. 144; 1929, c. 88.)

§6. Power to Punish for Contempts.—The county court of every county shall have the same power to punish for contempts as is conferred by law upon circuit courts, but the penalty imposed for such contempts shall not exceed fifty dollars for any one offense.(1881, c. 5, §13; Code 1923, c. 39, §13.)

§7. Record Books.—The county court of every county shall provide two record books for the use of the court, in one of which shall be entered all the proceedings of such court in relation to contested elections, all matters of probate, the appointment of appraisers of the estates of decedents and the appointment and qualification of personal representatives, guardians, committees and curators, and the settlement of their accounts, and all matters relating to apprentices; and in the other of said books shall be entered all the other proceedings of such court: Provided, however, That said court shall provide and keep such additional or different record books as may be specially required by law.(1881, c. 5, §46; Code 1923, c. 39, §46.)

§8. Continuance of Matters at End of Session.—All matters pending before any county court and ready for its decision or action which shall not have been determined or acted upon before the end of a session, whether regular or special, shall, without any order of continuance, stand continued until the next session.

§1. Disputed County Boundary Lines.—Whenever a doubt shall exist, or a dispute arise as to the boundary line between any two counties in this State, the county court of either of such counties may file its suit in equity against the county court of the other county involved, in the circuit court of either county, which is hereby given jurisdiction to hear and determine the matter in such suit. The case shall be proceeded in as other equity cases, and the court may order a survey made under its decree, and shall ascertain and determine the true boundary line, and enter its decree accordingly, and shall direct a certified copy thereof to be recorded in the county clerk’s office of each county involved, and said line to be permanently designated by proper markers. The action of the circuit court shall be subject to review by the supreme court of appeals, as in other eases.(1852, c. 40, § §1, 2; Code 1860, c. 47, §13; Code 1868, c. 39, §32; 1872-3, c. 114, §32; 1877, c. 82, §32; 1881, c. 5, §18; Code 1923, c. 39, §18.)

§2. Magisterial Districts; Boundary Lines.—Each county shall be laid off by the county court into magisterial districts, not less than three nor more than ten in number, and as nearly equal as may be in territory and population. The districts as they now exist shall remain until changed by the county court. The county court may, from time to time, increase or diminish the number of such districts, and change the boundary lines thereof, as necessity may require, in order to conform the same to the provisions of the Constitution of the State.

Whenever the county court shall deem it advisable to change the boundary line between two or more districts, or to establish a new district out of another or two or more districts, or to consolidate two or more existing districts into one, it may make such change, establishment or consolidation, by an order entered of record. And if a survey be deemed necessary, it may employ the surveyor of lands for the county, or any other competent surveyor, who shall survey and make a plat of the several districts as the same are thus altered, on which the new lines shall be plainly delineated, noting particularly such places of notoriety or prominent objects through or by which such lines pass, and return such plat and description to the court; and the same shall be filed in the clerk’s office of such court and recorded by the clerk. But before such districts shall be increased or diminished, or the boundary lines thereof changed, the court shall cause a notice of its intention to do so to be posted on the front door of the courthouse of the county, and at some public place in each district affected thereby, for at least thirty days prior to the term of court at which such action is proposed to be taken.(Const. 1863, art. 7, §13; 1863, c. 78, §12; Code 1868, c. 39, §33; Const. 1872, art. 8, §§25, 26; same, as amended 1880, art. 8, §27; 1872-3, c. 114, §33; 1881, c. 5, §19; 1882, c. 155, §4; 1891, c. 89, §4; Code 1923, c. 3, §4, c. 39, §19.)

§3. Relocation of County Seat.—Upon the filing of a petition signed by two-fifths of the registered voters of the county, praying the relocation of the county seat to some other point in the county, the county court shall enter an order directing that the matter of such relocation shall be submitted to a vote of the people at the next general election to be held not less than sixty days from the date of such order, and shall direct that notice of such election on the relocation of the county seat shall be published in the same manner and for the same length of time as the official ballot, and notice thereof, shall be posted at least thirty days prior to such election at some public place in each of the election precincts of the county. The court shall cause a certified copy of such order to be filed with the clerk of the circuit court, who shall cause to be printed at the bottom of the official ballot, in each column thereof, the words ‘ ‘ □ For relocation of county seat at......................□........ ’ ’ ‘ ‘Against relocation of the county seat. ’ ’ Election officials shall ascertain, certify and canvass the result in the same manner as for county officers. If three-fifths of all the votes cast upon the question shall be in favor of such relocation, the county court shall enter an order, declaring the place receiving such three-fifths the county seat from and after the entry of such order. In case of such relocation, the county court of such county shall proceed with all possible dispatch to cause the necessary buildings for the use of the county to be erected thereat, and do all things necessary to put into effect such relocation, and until that is done the courts of such county may, in case of necessity, be held at the former county seat. Such court may receive subscriptions from any person to aid in the erection of such buildings, and all subscriptions made at any time for that purpose shall be binding on the person making the same, and may be sued for and recovered in the name of the county court of the county.(1863, c. 78, §8; Code 1868, c. 39, §29; 1872-3, c. 114, §29; 1881, c. 5, §15; 1891, c. 37, §15; 1895, c. 31, §15; 1901, c. 95, 15; Code 1923, c. 39, §15.)

§4. Change of Name of Unincorporated Town or of District; Petition; Notice.—When the people of any town or village not incorporated, or of a district in a county, are desirous to change the name of such town, village or district, they may petition the county court, or other tribunal established in lieu thereof, of the county wherein such town, village or district is situated; and if it appear to such court or other tribunal that a majority of the actual resident voters of such town, village or district is in favor of such change, it shall cause notices to be posted at five of the most public places in such town, village or district for at least thirty days previous to the next sitting of such court or tribunal, which notices shall state the fact that a petition has been presented to the court or tribunal by the people of such town, village or district, praying for such change, and that unless those interested in the change appear at the next term, or such term as the court or tribunal may designate, and show cause why such change should not be made, there will be an order rendered granting such change, which notice shall be signed by the president of the court or tribunal: Provided, That if there be a newspaper published in such town, village or district, such notice shall be published in it.(1872-3, c. 167, §1; Code 1923, c. 47B, §1.)

§5. Order Changing Name; Costs.—At the time to which the court or other tribunal has continued the petition, if such court or other tribunal is satisfied that a majority of the resident voters of such town, village or district is still in favor of such change of name and has signed the petition asking therefor, it shall enter an order granting such change, which order shall be recorded in the office of the clerk of such court or other tribunal: Provided, however, That if such town or village has a post office of the same name as the town or village, the court shall not enter such order unless the United States postal authorities shall consent to the same change in the name of the post office. The costs of such change and recording shall be paid by the petitioners. But should it appear to the court or other tribunal that a majority of the resident voters of such town, village or district is not in favor of such change, it shall dismiss the petition, and tax the costs of the proceedings against the petitioners.(1872-3, c. 167, §2; Code 1923, c. 47B, §2.)

§1. Conveyances or Devises to County.—No words in any devise or conveyance of real estate to a county, or the county court thereof, or in any contract for the conveyance of real estate to a county or the county court thereof, expressing the purpose for which such real estate is devised, conveyed or sold, or is to be used, shall limit or impair the power of such county court to dispose thereof absolutely or use the same for another purpose, unless it be expressly declared in such instrument that whenever the said real estate shall cease to be used for the purpose, or in the manner therein specified, it shall revert to the former owner, his heirs or assigns. Every devise or conveyance of, or contract to convey, land within the limits of a county, heretofore or here after made, in any manner to or in trust for or for the use or benefit of such county, its people or inhabitants, shall have the same effect as if made to the county court of such county.(1863, c. 78, §2; Code 1868, c. 39, §31; 1872-3, c. 114, §31; 1881, c. 5, §§16, 17; Code 1923, c. 39, §§16, 17.)

§2. Courthouse, Jail and Offices.—The county court of every county, at the expense of the county, shall provide at the county seat thereof a suitable courthouse and jail, together with suitable offices for the judge of the circuit court and judges of courts of limited jurisdiction, clerks of such courts and of the county court, assessor, sheriff, prosecuting attorney, county superintendent of schools, and surveyor, and such other offices as are or may be required by law, and shall keep the same in constant and adequate repair, and supplied with the necessary heat, light, furniture, record books, and janitor service, and, except as to the office for the judge of the circuit court, with the necessary stationery and postage, and such other things as shall be necessary; but all of the public records, books and papers belonging or appertaining to the county surveyor’s office shall be delivered to the clerk of the county court and retained by him in his official possession and under his control and shall constitute a part of the public records, books and papers of his office. Such courthouses, jails and offices hereafter erected shall be built of stone and brick, or stone or brick, or other equally fireproof materials, and such offices shall be fireproof, or be furnished with fireproof vaults or safes. The jails shall be well secured, and sufficient for the convenient accommodation of those who may be confined therein, and so that the convicts may be in apartments separate from each other, and from the other prisoners; every apartment shall be so constructed that it can be kept comfortable. The county court may also provide other necessary offices and buildings, and may, by purchase or otherwise, acquire so much land as may be requisite or desirable for county purposes, and may suitably inclose, improve and embellish the lands so acquired.

The court may, from time to time, as may seem to it proper, provide, at the expense of the county, a new or other building or buildings, at the county seat of the county, to be used for the courthouse and jail, or for either, together with suitable offices, as aforesaid, and for that purpose may acquire, by purchase or otherwise, and hold any lands, or lands and buildings, at the county seat of the county, which may be necessary, and may inclose, improve and embellish the same. When such new or other building or buildings shall be ready for occupancy, the county court shall make an order declaring that, on a day to be therein named, such new or other building or buildings shall become the courthouse and/or jail of the county, and shall cause copies of the order to be posted at the front door of the new as well as of the old courthouse, at least twenty days be fore the day named in the order; and on and after the day so named such new or other building or buildings shall be and become, respectively, the courthouse and/or jail of such county in all respects and for all purposes. After such change shall have been made the county court may sell or otherwise dispose of, as may seem to it proper, the building or buildings previously used as a courthouse and jail, or either, and the land on which, the same are, or either is, situated, and of the interest of the county therein.(Code 1849, c. 50, §§1, 2; Code 1860, c. 50, §§1, 2; 1863, c. 78, §7; Code 1868, c. 39, §28; 1872-3, c. 29, §1, c. 114, §28; 1881, c. 5, §14; 1885, c. 24, §14; 1915, c. 83, §14; 1921, c. 86, §1; Code 1923, c. 11, §1d, c. 39, §14, c. 67, §2a, c. 137, §46.)

§3. Sale of County or District Property.—In all instances where the county court of a county is by law authorized to sell or dispose of any property, either real or personal, belonging to the county or held by it for the use of any district thereof, the same shall be sold at public auction, at the front door of the courthouse of the county, and such sale shall be conducted by the president of the county court, but before making any such sale, notice of the time, terms and place of sale shall be given by publication thereof once each week for two consecutive weeks in some newspaper of general circulation in said county, which notice shall contain a brief description of the property to be sold: Provided, however, That this section shall not apply to the sale of any one item of property of less value than one thousand dollars.(1929, c. 80.)

§1. Duties of Prosecuting Attorney.—It shall be the duty of the prosecuting attorney to attend to the criminal business of the State in the county in which he is elected and qualified, and when he has information of the violation of any penal law committed within such county, he shall institute and prosecute all necessary and proper proceedings against the offender, and may in such case issue or cause to be issued a summons for any witness he may deem material. Every public officer shall give him information of the violation of any penal law committed within his county. It shall also be the duty of the prosecuting attorney to attend to civil suits in such county in which the State, or any department, commission or board thereof, is interested, and to advise, attend to, bring, prosecute or defend, as the case may be, all matters, actions, suits and proceedings in which such county or any district board of education is interested.(1867, c. 33, §1; Code 1868, c. 120, §§5, 7; 1872-3, c. 54, §5; 1875, c. 102, §5; 1881, cc. 5, 24, 25, §49; 1882, c. 125, §49, c. 133, §§6, 8; 1883, c. 47, §49; 1887, c. 72, §49; 1895, c. 30, §49; 1901, c. 36, §49; 1903, c. 24, §49; 1909, c. 32, §49; 1913, c. 32, §49; Code 1923, c. 39, §49, c. 120, §§6, 8.)

§2. Rewards and Detection of Crime; Bounties.—The prosecuting attorney of any county, with the approval of the county court, or of the governor, or of the court of the county vested with authority to try criminal offenses, or of the judge thereof in vacation, may, with in his discretion, offer rewards for the apprehension of persons charged with crime, or may expend money for the detection of crime. Any money expended under this section shall, when approved by the prosecuting attorney, be paid out of the county fund, in the same manner as other county expenses are paid. The county court may also offer reasonable bounties and rewards for the destruction of noxious animals, birds of prey, or weeds in the county, payable out of the county treasury.(1863, c. 78, §14; Code 1868, c. 39, §42; 1881, c. 5, §25; 1911, c. 13; 1913, c. 13, §21; 1917, c. 98; Code 1923, c. 32A, §21, c. 39, §§25, 25a.)

§3. Employment of Counsel.—The county court of any county, having a population, according to the last official census, of one hundred thousand or more, together with the judge of the circuit court of such county, shall have authority to employ such legal counsel as they may deem necessary for the purpose of advising such county court touching all matters of a civil character and to conduct any litigation of a civil character to which the county is a party. The county court shall also have authority to fix the compensation of any counsel so employed, which shall not exceed the sum of four thousand dollars annually, and to pay the same out of the county treasury. Any such counsel so employed may be removed at the pleasure of the county court.(1921, c. 156: Code 1923, e. 39, §25b.)

§1. Sheriff Ex Officio County Treasurer.—The sheriff shall be ex officio county treasurer and as such treasurer shall receive, collect and disburse all moneys due such county or any district thereof, and shall also receive, collect and disburse all school money for the county and the several districts and independent districts therein. The treasurer shall keep his office at the courthouse for the county, in a suitable room or rooms provided for that purpose by the county court, in which all money and property in his possession shall be kept, unless deposited by him in a county depository, in which case an accurate daily deposit account thereof shall be kept at his office. He shall keep in his office a fair and accurate account of all receipts and disbursements by him, showing the time when, from whom, to whom and on what account received and paid, and he shall so arrange his books that the amount received and paid on account of separate and distinct funds, or specific appropriations, shall be exhibited in separate and distinct accounts, and he shall also keep separate and distinct accounts for the funds of each fiscal year.

When any money is paid into the treasury, except for taxes, the treasurer shall give to the person paying the same duplicate receipts therefor, stating briefly the fund or account for which paid; one of which receipts such person shall forthwith deposit with the clerk of the county court or secretary of the board of education, as the case may be, who shall in a well-bound book to be kept by him in his office for the purpose, charge the treasurer therewith and preserve such receipt in his office.

The sheriff and his sureties on his official bond shall be held liable for all public moneys coming into his hands as treasurer from every source whether or not the same shall be deposited in a bank.(1863, c. 88, §8; Code 1868, c. 39, §50; 1872-3, c. 114, §50; 1881, c. 5, §32; 1904, c. 8; 1915, c. 84, §15; Code 1923, c. 39, §§32, 32a, 60.)

§2. Accounts by Clerk of County Court.—The clerk of the county court shall keep proper accounts in the books of his office to show, as far as practicable at all times, the money and claims due to and by the county, or which are to be accounted for to the said court. In such books he shall charge the officer who, according to law, is to collect the county levy with the amount thereof and credit him with all payments made by him according to law, and with his commissions or compensation, and such allowance as may be made to him by the court, for delinquents or other cause. He shall keep proper accounts on such books of all claims and securities, and judgments and fines, placed in the hands of any officer or person for collection for the use of the county. The clerk shall also keep an account of all evidences of debt, securities for money, certificates of stock, and the like belonging to the county, and placed in the hands of the sheriff.(1863, c. 88, §11; Code 1868, c. 39, §51; 1872-3, c. 114, §51; 1881, c. 5, §33; Code 1923, c. 39, §33.)

§3. Claims Against County.—Every person having a claim or demand against a county shall file with the clerk of the county court thereof an account or statement of the same, fully setting forth the items; and where the claim or demand is for services for which no rate or compensation is fixed by law or by such court, the number of days occupied in such services. The clerk shall present such account or statement to such court at its first meeting thereafter, which shall allow the whole or such part thereof as it may deem just, or disallow the whole.(1863, c. 88, §9: Code 1868, c. 39, §58; 1872-3, c. 114, §58; 1881, c. 5, §40; Code 1923, c. 39, §40.)

§4. Payment of Money.—No money shall be paid by the sheriff out of the county treasury except upon an order signed by the president and clerk of the county court, and properly indorsed.(Code 1868, c. 39, §56; 1872-3, c. 114, §56; 1881, c. 5, §38; Code 1923, c. 39, §38.)

§5. Issuance of County Orders.—No order shall be drawn on the county treasurer unless authorized by a special order or appropriation of the county court, except that when any bond, note or written evidence of the debt of the county, or any installment of interest thereon, is payable, or where money is directed by law to be paid at fixed times or intervals, as in the cases of officers entitled to an annual salary payable at stated intervals, the president and clerk of such county court, without such special order or appropriation, may make and deliver to the person entitled thereto an order on the county treasurer for any sum so due and payable.(1863, c. 88, §9; Code 1868, c. 39, §54; 1872-3, c. 114, §54; 1881, c. 5, §36; Code 1923, c. 39, §36.)

§6. Form of Orders.—All orders on the county treasurer shall be in form or effect as follows: No................$...................county..................... date.............................................

The sheriff will pay to A. B., or order, the sum of......................dollars and......................... cents, allowed by special appropriation passed on the .......... day of ............, 19... , after deducting therefrom the amount of all state, county and other taxes and levies in his hands for collection against the said A. B.

E. F., Clerk. C. D., President.

Or instead of the words “allowed by special appropriation passed on the.....................day of .............................., 19.. , ” there may be inserted therein, according to the fact, the words “for county bond due,’’ “for interest due,” or “for month’s salary,” or other words specifying a lawful cause for such order; and no such order shall be rendered invalid by a defect of form.(1863, c. 88, §9; Code 1868, c. 39, §55; 1872-3, c. 114, §55; 1881, c. 5, §37; Code 1923, c. 39, §37.)

§7. Nonpayment of Orders.—If, when an order is presented to the sheriff, there are no funds to pay the same, the person entitled to receive the sum of money specified in such order may require the sheriff to indorse thereon, or write across the face thereof, the words “presented for payment,” with the proper date, and sign the same; and the order, if it was due at the time of presentment, shall in such case be payable with legal interest from such date: Provided, however, That any such order not paid when presented as aforesaid shall again be presented to the sheriff for payment by the person entitled to receive the money thereon not later than the first day of December after such indorsement, and if not so presented, no further interest shall be allowed or paid on such order thereafter, unless such order shall be so presented and indorsed as aforesaid a second time by the sheriff: Provided further, That in no event shall any such order bear interest for a longer period than one year and six months from the date of its issue. But if the sheriff, having funds to pay the same, fail to pay any county order properly indorsed, when presented to him during business hours by a person entitled to receive the money therein specified, if the same be then due and payable, he and his sureties, and the personal representatives of such of them as are dead, shall be liable to the person entitled to receive the money due on such county order, for the whole amount due thereon at the time of such presentation, with legal interest on such amount from that time until payment, and ten percent on the same amount as damages.(Code 1868, c. 39, §57; 1872-3, c. 114, §57; 1881, c. 5, §39; Code 1923, c. 39, §39.)

§8. Demand Before Suit.—No suit shall be brought against a county court for any demand for a specified sum of money founded on contract, except an order on the county treasury, until such demand has been presented to such court and been disallowed by it in whole or in part. But if the court neglect or refuse to act on such demand by the close of the first session after that at which it is so presented, or of the second session after it is filed with the clerk for presentation, it shall be deemed to have been duly presented and disallowed.(1863, c. 78, §5; Code 1868, c. 39, §59; 1872-3, c. 114, §59; 1881, c. 5, §41; Code 1923, c. 39, §41.)

§9. Exemption of County Property From Execution; Enforcing Payment of Order or Judgment.—The land, buildings, furniture and books belonging to a county, and used for county purposes, shall not be subject to execution or other process; but the county court shall issue an order on the treasury to satisfy any judgment or decree against the county, upon presentation of a copy thereof properly certified by the clerk of the court by which it was rendered. When any order on the county treasury has been presented to the sheriff without obtaining payment, or the sheriff has evaded or hindered such presentation, it shall be lawful for the person entitled to the money due on such order, judgment, decree, to petition any court having jurisdiction, or a judge thereof in vacation, for a writ of mandamus, to be directed to the county court of such county, commanding it to provide for the payment of such money, by and out of the next county levy to be made in the county, or show sufficient cause why it should not be compelled to do so; which writ shall be returnable as the court or judge awarding the same may order. Upon such writ such proceedings shall be had as are prescribed by law in other like cases, and the court (but not the judge in vacation) may, if the case justify it, award a peremptory, mandamus, directed to such court, to provide in the next county levy to be thereafter made, for what shall appear to be due to the said complainant, with interest and cost. To any judgment or order of a circuit court under this section a writ of error or supersedeas may be granted on like principles and rules as in other cases.(Code 1868, c. 39, §61; 1872-3, c. 114, §61; 1881, c. 5, §43; Code 1923, c. 39, §43.)

§10. County or School Orders Receivable for Taxes and Fees.—Every officer charged with the collection of taxes and officers’ fees shall receive a in payment therefor, at par, any county or school order or draft, drawn on him pursuant to law, which is then due and payable, if the person offering the same in payment be the person entitled thereto at the time it is so offered. And if the amount due on such order or draft be a more than the amount to be collected from the person so offering the same in payment, the officer shall pay the balance due thereon, if he have in his hands any money applicable to such payment; and if not, he shall indorse thereon the amount of taxes or fees held by him against such person, and that he has no money in his hands applicable to the payment of the balance thereof.(Code 1849, c. 49, §31; Code 1860, c. 49, §30; Code 1868, c. 41, §16; 1881, c. 19, §16; Code 1923, c. 41, §16.)

§11. Discounting or Purchasing Orders.—If any such sheriff, collector or deputy, or officer or person charged with the custody or disbursement of state, county, district or municipal taxes or other public money shall discount, or, directly or indirectly, either alone or in connection with another, purchase any draft or order made or drawn upon him, payable out of any such taxes or moneys, for a less sum than is specified there in, he shall forfeit five times the amount of such discount, or of the sum less than the amount specified in such draft or order realized by such purchaser, one-half of which shall go to the person entitled to such draft or order at the time of such discount or purchase, and the other half to the State, county, district, or municipality, as the case may be.(1881, c. 19, §55; Code 1923, c. 41, §55.)

§12. Refusal to Pay Orders.—If any such officers as hereinbefore mentioned shall fail or refuse to pay any draft or order lawfully drawn upon him, when he has, or by the use of due diligence in the collection of the taxes and moneys applicable to the payment of such draft, or order, might have had, in his hands, moneys sufficient to pay the same, he shall be guilty of a misdemeanor, and, upon conviction thereof, fined not less than one hundred nor more than five hundred dollars, one-half of which fine shall go to the person injured by such failure or refusal, and the other half to the State.(1881, c. 19, §56; Code 1923, c. 41, §56.)

§13. Failure to Account for Taxes or Moneys.—If any officer whose duty it is to collect or disburse any state, county, district or municipal taxes or moneys, shall fail to pay over and account for the same, or any part thereof, as required by law, in any year, the proper state, county, district, or municipal authority or authorities may withhold from such officer the collection of any such taxes or moneys, or the disbursement thereof, for the next succeeding year, and may appoint a collector or disbursing officer of such taxes or moneys in lieu of such officer in such manner as is or may be prescribed by law. The court, board, council, officer or officers making such appointment shall take from such collector or officer a bond with good security, in a penalty double the amount of the moneys which will probably come into his hands by virtue of his appointment, payable to the State of West Virginia, and conditioned as the law directs.(1881, c. 19, §57; Code 1923, c. 41, §57.)

§14. Vacancy in Office of Sheriff; Collection of Taxes and Fee Bills by Successor.—In all cases in which a vacancy may occur in the office of sheriff, by resignation or removal, all taxes and all fee bills remaining uncollected in the hands of such sheriff at the time of his resignation or removal shall be delivered to and collected by the person elected or appointed to fill the vacancy caused by such resignation or removal. This section shall in no case affect or impair the obligation of the bond given by the sheriff who may have resigned or been removed, nor any liability incurred by him and his official sureties prior to his resignation or removal.(1887, c. 97; Code 1923, c. 41, §38a.)

§15. Fines of Justices; Payment of Fees in Misdemeanor Cases.—The sheriff shall enter all fines paid to him by justices, under the names of the justices making the payments, respectively, to the credit of an account to be kept by him under the heading “general school fund.” All claims by justices and constables for fees due them in misdemeanor proceedings in the county where the accused is acquitted, or when such fees could not be collected on executions or fee bills, by the exercise of proper diligence, shall be audited and examined by the county court, and if found correct, and if submitted as provided in section fourteen, article seventeen, chapter fifty of this Code, the county court shall cause orders to be issued therefor on the sheriff to be paid out of that part of such fund to the credit of the particular justice before whom such fee bill arose, if sufficient, and charged to such account, but neither the county nor the general school fund shall be liable for the fees or costs of any justice in such eases beyond the balance in the hands of the sheriff from fines paid by that justice. The sheriff shall annually, during the month of January, render under oath to the auditor a true statement of said account, and pay into the treasury of the State the net proceeds of such fines as exhibited by such account, to be appropriated as directed by the fifth section of article twelve of the Constitution, and a failure so to do shall be deemed a breach of his official duty.(1863, c. 132, §10; Code 1868, c. 50, §229; 1872-3, c. 226, §165; 1881, c. 8, §229; 1882, c. 145, §229; Code 1923, c. 50, §229.)

§16. Publication of Financial Statement.—The county court of every county, within four weeks after the first session held after the beginning of each fiscal year, shall cause to be published in at least two newspapers of opposite politics, if there be such, for one week, if any be published therein, or if none be published therein, or if no such paper will publish the same for the price fixed by law therefor, the same shall be posted at each place of voting in the county, an itemized account of the receipts and expenditures of the county during the previous fiscal year by separate items, giving the name of the person to whom the order is issued, together with the amount of such order, arranging the same under distinct heads, and also a specific statement of the debts of the county, showing the purpose for which each debt was contracted, the time when it became due and up to what time the interest thereon has been paid. Such statement shall be prepared by the clerk, and for performing such service he shall be allowed a reasonable compensation by such court. Any clerk of the county court who shall, within the time prescribed, fail or refuse to perform the duties required by the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred nor more than five hundred dollars. And if a county court willfully fail or refuse to perform the duties hereinbefore named, every member of such court, concurring in such failure or refusal, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than one hundred dollars; and the prosecuting attorney of any such county shall, when such failure or refusal shall come to his knowledge, immediately present the evidence thereof to the grand jury if in session, and if not in session, he shall institute proper criminal proceedings before a justice against any such offender, and cause such failure or refusal to be investigated by the next succeeding grand jury. The above mentioned itemized account shall include a statement of all money paid for road purposes in each of the several districts of the county.(1865, c. 39; Code 1868, c. 39, §53; 1872-3, c. 114, §53; 1881, c. 5, §35; 1882, c. 121; 1899, c. 52; 1903, c. 34; Code 1923, c. 39, §35.)

§1. Designation of Depositories.—On or before the thirtieth day of June, of each year, the county court of every county shall, by order of record, designate all of the banking institutions, as defined in article four, chapter thirty-one of this Code, situated in the county and duly incorporated under the laws of this State, or organized under the laws of the United States, as depositories of public moneys: Provided, That in any county where no such banking institutions exist, or where such banking institutions fail, refuse or neglect to comply with all of the provisions and conditions of this article, the county court shall designate some qualified banking institution in some other county of this State convenient to the county seat. Risk and expense of making deposits in county depositories located outside of the county seat shall be borne by the banking institution in which the deposits are made. When any banking institution, designated by the county court as provided in this section, has complied with all of the requirements and provisions of this article, the court shall declare it a county depository.(1915, c. 84, §§1-3; 1919, c. 97, §50; Code 1923, c. 39, §50.)

§2. Bond of Depositories.—No such designation shall be binding on such county, nor shall any public money be deposited thereunder, until the banking institution designated shall execute bond with good and sufficient sureties, to be accepted and approved by the county court, payable to the State of West Virginia, in such sum as the county court shall direct, and which shall not be less than the maximum sum that shall be deposited in the depository at any one time. Such bond shall be executed by at least four resident freeholders as sureties owning in the aggregate real estate having an assessed valuation in excess of encumbrances thereon equal to the penalty of the bond, or by a fidelity or indemnity company authorized to do such business within the State, satisfactory to, and acceptable by the county court, and having not less than six hundred thousand dollars capital; and such bond shall be conditioned for the receipt, safe-keeping and payment over of all money which may be deposited in or come under the custody of the banking institution designated a county depository under the provisions hereof, together with the interest thereon at the rate specified by this article; and such bond shall be further conditioned for the faithful performance, by the banking institution so designated, of all the duties imposed by this article upon a depositary of public moneys. An action shall lie on such bond at the instance of the county court, or the sheriff, for the recovery of any money deposited in the depository, upon failure or default of the depository to fully and faithfully account for and pay over any and all public moneys deposited by the sheriff, and of all interest earned and accrued thereon as required by this article. Such bond shall not be accepted by the county court until it shall have been submitted to the prosecuting attorney, and certified by him to be in due and legal form, and conformable to the provisions of this article, which certificate shall be indorsed thereon, and if any banking institution designated as aforesaid fail to execute bond as required hereby, to the satisfaction and acceptance of the county court, before August first following such designation, it shall not serve during that fiscal year.(1915, c. 84, §§4, 5; Code 1923, c. 39, §51.)

§3. Failure of Depository to Comply With Article; Removal of Moneys; Cessation of Business.—The banking institutions designated in the manner hereinbefore provided shall, upon the acceptance by the county court of the bond, be the depositories of public moneys, and remain such for one year, and until the bond of its successor or successors is accepted by the county court; but the county court, at any time it deems the same necessary, may require additional security from a depository in such sum as the court shall by order designate; and if a depository refuse or neglect, for the period prescribed by the court, to give such additional security, or to comply with the provisions of this article, the court may order the removal of the public moneys therefrom to some other depository. Such removal, and all other removals, ordered by the county court under the provisions of this article, shall be made by order of record upon the check of the county treasurer, countersigned by the county clerk, after notice to such depository. In the event any county depository shall cease to do business or shall suspend business, its rights as a depository shall cease, and the funds on deposit with it shall be transferred to the other depositories of the county.(1915, c. 84, §6; Code 1923, c. 39, §52.)

§4. Deposit and Disbursement of Moneys by County Treasurer.—The treasurer upon receipt of a certified copy of the order of the county court, showing that a depository or depositories have been designated and bond accepted in compliance with the provisions of this article, and naming the depository or depositories, shall deposit therein to the credit of the county treasurer all public money in his possession, except such as may be necessary to meet current demands; and, thereafter, he shall make daily deposits in the public depositories of all public money received by him, except as hereinafter provided, the deposit of such money to be made as early as practicable after the receipt or collection thereof, and such money shall be payable by the depository only on an order issued by the county court, or board of education, after such order has been indorsed by the treasurer directing payment by the depository. If at any time the cash in the hands of the treasurer is not sufficient to meet current demands, he is authorized to withdraw sufficient cash from the depository to meet such current demands, such withdrawal to be made by check drawn by the treasurer and countersigned by the county clerk. Such current demands shall not be anticipated more than a week in advance. All moneys due the treasurer are to be drawn from the depository on an order issued by the county court and indorsed by the treasurer. At the end of each month the president and clerk of the county court shall sign proper orders on the treasurer, in his favor, to pay him the moneys due him. All moneys belonging to the State, or any municipality, shall be disbursed from the depository on a check drawn by the county treasurer, payable to the auditor of the State of West Virginia, or to the treasurer of the municipality.(1915, c. 84, §8; Code 1923, c. 39, §54.)

§5. Interest on Deposits.—All money deposited in any depository shall bear interest at the rate of three per cent per annum, to be computed on daily balances, and such interest shall be placed to the credit of the county treasurer on the first day of each calendar month, or at any time when the account may be closed. When the interest is credited to the treasurer the depository shall, in writing, notify the clerk of the county court and treasurer, each separately, the amount thereof, before noon of the next business day, and all of such interest shall be credited to the general county fund by the clerk of the county court and treasurer.(1915, c. 84, §9; Code 1923, c. 39, §55.)

§6. Monthly Statement of Amount of Deposits.—On the first business day of each month a county depository under the provisions of this article shall furnish to the clerk of the county court a written statement, showing the amount on deposit to the credit of the county treasurer at the close of each day of the preceding month, which statement shall be filed and kept in the office of the clerk of the county court, as part of the public records.(1915, c. 84, §10; Code 1923, c. 39, §56.)

§7. Account of Deposits and Disbursements.—The treasurer shall keep an account with each depository showing each deposit and disbursement. The depository upon payment of any order or draft drawn by authority of the county court or board of education on the treasurer, and indorsed by him for payment, or upon payment of any check drawn by the treasurer for the purposes herein authorized, shall cancel the same, showing clearly the payment thereof and the date of payment. The orders or drafts and checks so paid shall be delivered by the depository to the treasurer upon his demand, and the orders or drafts shall be by him preserved for settlement with the county court, and the checks shall be filed and preserved as part of the records of his office.(1915, c. 84, §11; Code 1923, c. 39, §57.)

§8. Meaning of “Public Moneys.’’.—The term “public moneys,’’ as used in this article, shall include all money which by law the sheriff in his capacity as such, and as treasurer of the county and districts, is authorized to collect, receive and disburse for public purposes, including State, county, districts, school districts, independent school districts and municipalities.(1915, c. 84, §12; Code 1923, C. 39, §58.)

§9. Liability of Sheriff for Violations of Depository Law.—If any sheriff shall willfully fail, refuse or neglect to comply with the requirements and provisions of this article, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding five hundred dollars, or confined in the county jail not exceeding six months, or both, and shall forfeit his office. When the sheriff shall have fully complied with all the provisions of this article, he shall not be held personally liable on account of any loss that the county or any district may sustain by reason of the default or failure of any such depository that has given bond approved by the county court.(1915, c. 84, §13; Code 1923, c. 39, §59.)

§1. Salaries of Sheriffs.—The annual compensation of the sheriff of each county shall be as follows: Barbour county, two thousand five hundred dollars; Berkeley county, three thousand dollars; Boone county, two thousand five hundred dollars; Braxton county, two thousand eight hundred dollars; Brooke county, two thousand dollars; Cabell county, four thousand eight hundred dollars; Calhoun county, one thousand six hundred dollars; Clay county, one thousand seven hundred dollars; Doddridge county, two thousand four hundred dollars; Fayette county, four thousand dollars; Gilmer county, two thousand two hundred dollars; Grant county, one thousand eight hundred dollars; Greenbrier county, two thousand seven hundred dollars; Hampshire county, two thousand dollars; Hancock county, two thousand dollars; Hardy county, one thousand six hundred dollars; Harrison county, four thousand five hundred dollars; Jackson county, two thousand dollars; Jefferson county, two thousand five hundred dollars; Kanawha county, five thousand dollars; Lewis county, three thousand dollars; Lincoln county, two thousand five hundred dollars; Logan county, three thousand five hundred dollars; Marion county, four thousand five hundred dollars; Marshall county, three thousand five hundred dollars; Mason county, two thousand five hundred dollars; Mercer county, three thousand eight hundred dollars; Mineral county, three thousand dollars; Mingo county, three thousand five hundred dollars; Monongalia county, three thousand six hundred dollars; Monroe county, one thousand eight hundred dollars; McDowell county, four thousand five hundred dollars; Morgan county, one thousand five hundred dollars; Nicholas county, two thousand five hundred dollars; Ohio county, four thousand five hundred dollars; Pendleton county, one thousand six hundred dollars; Pleasants county, one thousand eight hundred dollars; Pocahontas county, two thousand seven hundred fifty dollars, but beginning with the first day of January, nineteen hundred and thirty-three, it shall be two thousand four hundred dollars; Preston county, three thousand dollars; Putnam county, one thousand eight hundred dollars, but beginning with the first day of January, nine teen hundred and thirty-three, it shall be two sites. thousand two hundred dollars; Raleigh county, three thousand dollars; Randolph county, three thousand dollars; Ritchie county, two thousand seven hundred fifty dollars; Roane county, two thousand dollars; Summers county, two thousand dollars; Taylor county, two thousand dollars; Tucker county, two thousand two hundred dollars ; Tyler county, two thousand four hundred dollars; Upshur county, two thousand seven hundred dollars; Wayne county, two thousand four hundred dollars; Webster county, two thousand two hundred dollars; Wetzel county, three thousand dollars; Wirt county, one thousand six hundred fifty dollars; Wood county, four thousand dollars; Wyoming county, two thousand one hundred dollars.(1863, c. 96; 1866, c. 49; Code 1868, c. 39; 1870, c. 73; 1872-3, cc. 10, 51; 1877, c. 50; 1881, c. 25; 1882, c. 125; 1883, c. 47; 1887, c. 72; 1895, c. 30; 1901, c. 36; 1903, c. 24; 1908, c. 15; 1915, c. 83; 1919, c. 74; Code 1923, c. 137, §44; 1923, c. 123; 1927, c. 115; 1929, cc. 141, 154.)

§2. Salaries of County Clerks.—The annual compensation of the clerk of the county court in each county shall be as follows: Barbour county, one thousand eight hundred dollars; Berkeley county, two thousand dollars; Boone county, one thousand eight hundred dollars, but beginning with the first day of January, nineteen hundred and thirty-three, it shall be two thousand four hundred dollars; Braxton county, two thousand two hundred dollars; Brooke county, one thousand nine hundred dollars; Cabell county, four thousand dollars; Calhoun county, one thousand two hundred dollars; Clay county, one thousand five hundred dollars; Doddridge county, one thousand eight hundred dollars; Fayette county, three thousand dollars; Gilmer county, one thousand eight hundred dollars; Greenbrier county, two thousand five hundred dollars; Hampshire county, one thousand eight hundred dollars; Hancock county, one thousand eight hundred dollars; Harrison county, four thousand dollars; Jackson county, one thousand eight hundred dollars; Jefferson county, two thousand dollars; Kanawha county, four thousand five hundred dollars; Lewis county, two thousand five hundred dollars; Lincoln county, two thousand dollars; Logan county, two thousand five hundred dollars; Marion county, four thousand dollars; Marshall county, two thousand seven hundred fifty dollars; Mason county, two thousand five hundred dollars; McDowell county, four thousand dollars; Mercer county, two thousand seven hundred dollars; Mineral county, three thousand dollars; Mingo county, three thousand dollars; Monongalia county, two thousand seven hundred fifty dollars; Monroe county, one thousand five hundred dollars; Morgan county, one thousand five hundred dollars; Nicholas county, two thousand two hundred fifty dollars; Ohio county, four thousand dollars; Pleasants county, one thousand eight hundred dollars; Pocahontas county, one thousand eight hundred dollars; Preston county, two thousand three hundred dollars; Putnam county, one thousand eight hundred dollars, but beginning with the first day of January, nineteen hundred and thirty-three, it shall be two thousand two hundred dollars; Raleigh county, two thousand four hundred dollars; Randolph county, two thousand five hundred dollars; Ritchie county, two thousand five hundred dollars; Roane county, two thousand dollars; Summers county, one thousand six hundred dollars; Taylor county, two thousand dollars; Tucker county, one thousand nine hundred dollars; Tyler county, two thousand dollars; Upshur county, two thousand five hundred dollars; Wayne county, two thousand dollars; Webster county, two thousand dollars; Wetzel county, two thousand two hundred dollars; Wirt county, one thousand two hundred dollars; Wood county, three thousand dollars; Wyoming county, one thousand five hundred dollars, but beginning with the first day of January, nineteen hundred and thirty-three, it shall be three thousand dollars.(1863, c. 96; 1864, c. 44; 1866, c. 49; Code 1868, c. 39; 1870, c. 73; 1872-3. cc. 10, 51; 1877, c. 50; 1881, c. 25; 1882, c. 125; 1883, c. 47; 1887, c. 72; 1895, c. 30; 1901, c. 36; 1903, c. 24; 1908, c. 15; 1915, c. 83; 1919, c. 74; Code 1923, c. 137, §44; 1923, cc. 123, 131; 1927, cc. 103, 115; 1929, c. 154.)

§3. Salaries of Circuit Clerks; Naturalization and Passport Fees.—The annual compensation of the clerk of the circuit court (or clerk of the circuit and criminal or intermediate or other court of limited jurisdiction) in each county shall be as follows: Barbour county, one thousand six hundred fifty dollars; Berkeley county, one thousand five hundred dollars; Boone county, one thousand five hundred dollars, but beginning with the first day of January, nineteen hundred and thirty-three, it shall be one thousand eight hundred dollars; Braxton county, two thousand dollars; Brooke county, one thousand eight hundred dollars; Cabell county, three thousand five hundred dollars; Calhoun county, eight hundred dollars; Clay county, one thousand two hundred dollars; Doddridge county, one thousand five hundred dollars; Fayette county, three thousand dollars; Gilmer county, one thousand five hundred dollars; Greenbrier county, one thousand six hundred dollars, but beginning with the first day of January, nineteen hundred and thirty-three, it shall be one thousand eight hundred dollars; Hampshire county, one thousand dollars, but beginning with the first day of January, nineteen hundred and thirty-three, it shall be not less than one thousand nor more than, one thousand three hundred dollars, to be fixed by the county court; Hancock county, one thousand two hundred dollars; Harrison county, four thousand dollars; Jackson county, one thousand five hundred dollars; Jefferson county, two thousand dollars; Kanawha county, five thousand five hundred dollars; Lewis county, two thousand two hundred dollars; Lincoln county, two thousand dollars; Logan county, two thousand dollars; Marion county, four thousand dollars; Marshall county, two thousand two hundred fifty dollars; Mason county, one thousand eight hundred dollars; McDowell county, four thousand dollars; Mercer county, three thousand seven hundred fifty dollars; Mineral county, three thousand dollars; Mingo county, three thousand dollars; Monongalia county, three thousand five hundred dollars; Monroe county, one thousand two hundred dollars; Morgan county, eight hundred dollars; Nicholas county, two thousand dollars; Ohio county, five thousand dollars ; Pleasants county, one thousand three hundred fifty dollars; Pocahontas county, one thousand five hundred dollars, but beginning with the first day of January, nineteen hundred and thirty-three, it shall be one thousand eight hundred dollars; Preston county, two thousand dollars; Putnam county, one thousand four hundred dollars, but beginning with the first day of January, nineteen hundred and thirty-three, it shall be one thousand eight hundred dollars; Raleigh county, two thousand dollars; Randolph county, two thousand two hundred fifty dollars; Ritchie county, one thousand eight hundred dollars; Roane county, one thousand seven hundred dollars; Summers county, one thousand five hundred dollars; Taylor county, one thousand eight hundred dollars; Tucker county, one thousand six hundred dollars; Tyler county, one thousand eight hundred dollars; Upshur county, two thousand five hundred dollars; Wayne county, one thousand eight hundred dollars; Webster county, one thousand eight hundred dollars; Wetzel county, two thousand dollars; Wirt county, nine hundred dollars; Wood county, three thousand dollars; Wyoming county, one thousand five hundred dollars, but beginning with the first day of January, nineteen hundred and thirty-three, it shall be three thousand dollars.

The clerk of the circuit court shall be entitled to retain, in addition to his salary, all fees taxed and allowed him by the United States of America and paid by the person to him for services rendered and performed in the naturalization of persons to citizenship in the United States of America, and for preparing applications for passports from the United States.(1863, c. 96; 1866, c. 49; Code 1868, c. 39; 1870, c. 73; 1872-3, cc. 10, 51; 1877, c. 50; 1881, c. 25; 1882, c. 125; 1883, c. 47; 1887, c. 72; 1895, c. 30; 1901, c. 36; 1903, c. 24; 1908, c. 15; 1915, c. 83; 1919, c. 74; Code 1923, c. 137, §44; 1923, cc. 123, 131; 1927, cc. 88, 96, 98,102,103, 112,115; 1929, cc. 65,136,141,143, 150, 154.)

§4. Salaries of Joint Clerks of the Courts.—The annual compensation of the clerks of the courts in the counties where both the office of the clerk of the county court and clerk of the circuit court are held by the same person shall be as follows: Hardy county, one thousand eight hundred dollars; Grant county, one thousand nine hundred dollars; Pendleton county, one thousand nine hundred dollars.(1915, c. 83; 1919, c. 74; Code 1923, c. 137, §44.)

§5. Salaries of Prosecuting Attorneys.—The annual compensation of the prosecuting attorney in each county, including the compensation provided by law for his services as attorney for boards of education and other administrative boards and officers in the county, shall be as follows: Barbour county, two thousand dollars; Berkeley county, one thousand two hundred dollars; Boone county, two thousand four hundred dollars; Braxton county, one thousand eight hundred dollars; Brooke county, one thousand eight hundred dollars; Cabell county, four thousand eight hundred dollars; Calhoun county, eight hundred dollars; Clay county, one thousand five hundred dollars; Doddridge county, one thousand dollars; Fayette county, three thousand dollars; Gilmer county, one thousand five hundred dollars; Grant county, six hundred dollars; Greenbrier county, one thousand eight hundred dollars; Hampshire county, one thousand dollars; Hancock county, one thousand eight hundred dollars; Hardy county, not less than six hundred nor more than twelve hundred dollars, at the option of the county court; Harrison county, three thousand five hundred dollars; Jackson county, one thousand dollars; Jefferson county, one thousand two hundred dollars; Kanawha county, six thousand dollars; Lewis county, one thousand two hundred dollars; Lincoln county, one thousand five hundred dollars; Logan county, one thousand eight hundred dollars; Marion county, four thousand four hundred dollars; Marshall county, one thousand eight hundred dollars; Mason county, two thousand dollars; McDowell county, four thousand eight hundred dollars; Mercer county, two thousand five hundred dollars; Mineral county, two thousand dollars; Mingo county, four thousand eight hundred dollars; Monongalia county, four thousand dollars; Monroe county, six hundred dollars; Morgan county, eight hundred dollars; Nicholas county, two thousand dollars; Ohio county, not to exceed four thousand seven hundred dollars; Pendleton county, six hundred dollars; Pleasants county, six hundred dollars; Pocahontas county, one thousand two hundred dollars; Preston county, two thousand five hundred dollars; Putnam county, one thousand dollars, but beginning with the first day of January, nineteen hundred and thirty-three, it shall be one thousand five hundred dollars; Raleigh county, two thousand five hundred dollars; Randolph county, one thousand eight hundred dollars; Ritchie county, one thousand two hundred dollars; Roane county, one thousand two hundred dollars; Summers county, one thousand four hundred dollars; Taylor county, one thousand eight hundred dollars; Tucker county, one thousand two hundred dollars; Tyler county, one thousand two hundred dollars; Upshur county, one thousand five hundred dollars; Wayne county, one thousand five hundred dollars; Webster county, one thousand two hundred dollars; Wetzel county, two thousand dollars; Wirt county, six hundred dollars; Wood county, three thousand dollars; Wyoming county, not less than three thousand dollars nor more than four thousand dollars.(1863, c. 96; 1866, c. 49; Code 1868, c. 39; 1870, c. 73; 1872-3, cc. 10, 51; 1877, c. 50; 1881, c. 25; 1882, c. 125; 1883, c. 47; 1887, c. 72; 1895, c. 30; 1901, c. 36; 1903, c. 24; 1908, c. 15; 1915, c. 83; 1917, c. 103; 1919, c. 74; Code 1923, c. 137, §44; 1923, cc. 123, 126, 135, 136, 137, 145, 146; 1925, cc. 118,121; 1927, cc. 98,100,101,106, 107, 108, 110, 111, 112, 113, 114, 115; 1929, cc. 137,138,154.)

§6. Assistants and Stenographers for Prosecuting Attorney; Salaries; When Court May Appoint Attorney to Prosecute.—Any prosecuting attorney may, with the assent of the county court of his county, entered of record, appoint one (and in Ohio county two) practicing attorney to assist him in the discharge of his official duties for and during his term of office, and such assistant shall take the same oath and may perform the same duties as his principal; and he may be removed from office as such assistant at any time by his principal; and further he may be removed from his office as such assistant by the circuit court of the county in which he is appointed, for any cause for which his principal might be so removed. The compensation of such assistant shall be paid by the principal, except in the counties of Barbour, Berkeley, Boone, Brooke, Cabell, Calhoun, Fayette, Harrison, Hancock, Kanawha, Logan, Marion, Marshall, McDowell, Mercer, Mineral, Mingo, Monongalia, Nicholas, Ohio, Pleasants, Putnam, Raleigh, Randolph, Summers, Taylor, Wayne, Webster, Wetzel, Wood and Wyoming, and in said counties the county court thereof shall allow annually to such assistants such compensation to be paid out of the county treasury as is deemed reasonable by the court; in Ohio county for the first assist ant, three thousand dollars, and for the second assistant not to exceed fifteen hundred dollars; in Kanawha county not less than four thousand nor more than five thousand dollars; in Marion county not less than two thousand nor more than three thousand dollars; in Harrison, McDowell, Mercer, Mingo, and Raleigh counties, not less than fifteen hundred nor more than three thousand dollars; in Cabell, Fayette, Logan, Summers, and Wood counties, not less than one thousand nor more than two thousand dollars; in Wyoming county, not less than twelve hundred nor more than eighteen hundred dollars; in Barbour county, one thousand dollars; in Monongalia county two thousand dollars; in Berkeley and Wayne counties, not to exceed one thousand dollars; in Boone, Lincoln, Marshall, Mineral, Nicholas, and Randolph counties, not to exceed nine hundred dollars; in Wetzel county, not less than six hundred nor more than nine hundred dollars; in Pleasants, Taylor, Tucker and Webster counties, not to exceed six hundred dollars; in Putnam and Calhoun counties, three hundred dollars. In each case such compensation shall include the compensation provided by law for such assistant’s services as attorney for boards of education and other administrative boards and officers of the county.

In any case in which it would, in the opinion of the court, be improper for the prosecuting attorney and his assistant (if he has one) to act; or if the prosecuting attorney and his assistant be unable to act, such court shall appoint some competent practicing attorney to prosecute such case, and upon the performance of the service for which he was appointed, the court shall certify that fact, with its opinion of what would be a reasonable allowance to such attorney for the service rendered, to the county court of the county, and such sum, or a different sum, when allowed by the county court, shall be paid out of the county treasury: Provided, That nothing in this section shall be construed to prohibit the employment by any person of a competent attorney or attorneys to assist in the prosecution of any person or corporation charged with crime. In each of the counties herein named, except Webster, and including Clay, Greenbrier, Lewis, Hampshire, Pocahontas, Preston, Putnam, Ritchie, Roane, Tucker and Upshur, the prosecuting attorney may employ a stenographer for his office at a salary payable out of the county treasury of not less than nine hundred nor more than eighteen hundred dollars per annum: Provided, That in Barbour, Clay, Greenbrier, Pocahontas, Preston and Taylor counties such salary shall not exceed twelve hundred dollars; in Lewis, Upshur and Calhoun counties, not to exceed nine hundred dollars; in Berkeley and Wetzel counties not more than six hundred dollars; in Putnam and Ritchie counties, seven hundred dollars ; and in Hampshire and Roane counties not to exceed six hundred dollars; in Boone county it shall be one thousand two hundred dollars; and in Tucker county it shall be six hundred dollars.(1867, c. 33; Code 1868, c. 120; 1882, c. 133; 1909, c. 34; 1913, c. 22; 1917, c. 107; 1921, c. 87; Code 1923, c. 120, §7; 1923, cc. 126, 136; 1925, cc. 118, 121, 122, 125, 126, 127; 1927, cc. 98, 101, 104, 111, 113, 115; 1929, cc. 144, 145, 147, 148, 151,153.)

§7. Deputies and Assistants of Sheriffs and Clerks of the Courts; Salaries.—The sheriff, clerk of the county court, clerk of the circuit court (clerk of the criminal, common pleas or intermediate courts), on or before December first of each year, shall file with the county court, or tribunal in lieu thereof, a detailed statement of the probable amount necessary to be expended for deputies, assistants, and other employees of their respective offices in the following calendar year. If any such officer shall fail to file the statement hereby required, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than one hundred dollars, or imprisoned in the county jail not less than thirty days nor more than six months, or both, in the discretion of the court. The county court, or tribunal in lieu thereof, shall, not later than fifteen days after the filing of such Statement, take up and consider the same and shall determine and fix an aggregate sum to be expended for the period covered by such statement for the compensation of all such deputies, assistants and other employees of the respective officers, which shall be reasonable and proper, regard being had to the amount of labor necessary to be performed by those to receive the same, and shall enter upon its court record a finding of its action: Provided, That the amount to be expended for the office of the clerk of the circuit court shall be fixed by the concurrent jurisdiction of the county court, or tribunal in lieu thereof, and the judge or judges of the circuit, criminal, common pleas or intermediate courts: Provided further, That any taxpayer feeling aggrieved at the allowance made by the county court to the sheriff, and any sheriff feeling that the business of his office cannot be conducted properly by the maximum allowance by the county court for office expenditures, or the number of deputies and their salaries, shall be allowed the right of appeal to the circuit court of such county for the purpose of determining the equity of such maximum allowance.

The officers herein named shall appoint and employ such deputies, assistants and other employees in the manner provided by law, as may be necessary for their respective offices and fix their compensation, and shall file with the clerk of the county court, or other tribunal in lieu thereof, a statement in writing showing such action and setting forth the name of each deputy, assistant and employee, the time for which employed and the monthly compensation; but the compensation for all deputies, assistants and other employees shall not exceed in the aggregate, for each office, the amount so fixed for that office as hereinbefore provided. The officers herein named shall have authority to discharge any deputy, assistant or other employee, by filing with the clerk of the county court, or tribunal in lieu thereof, a statement in writing showing such action. All statements required to be filed by this section shall be verified by the affidavit of the person making them, and among other things contained in the affidavit shall be the statement that the amounts shown therein were the amounts actually paid or intended to be paid to the deputies, assistants, or other employees; that no rebates, agreement, understanding and expectation that any part thereof shall be repaid to him, and that nothing has heretofore been paid or promised him on that account, and that if he shall thereafter receive any money, or thing of value, on account thereof, he will account for and pay the same to the county. Until the statements required by this section have been filed, no allowances or payments shall be made to any officer for deputies, assistants or other employees.(1915, c. 83, §8; 1919, c. 57, §8; Code 1923, c. 137, §40.)

§8. Payment of Salaries Monthly; Prerequisites.—The compensation of the sheriff, clerk of the county court, clerk of the circuit court (criminal, common pleas or intermediate courts), and prosecuting attorney, and the compensation of their deputies, assistants and other employees, duly appointed or employed, after being so fixed, shall be paid monthly in the manner provided by law to those entitled to the same out of the county fund. The county court, or other tribunal in lieu thereof, after the filing of the statement provided for by the preceding section, showing the names of the deputies, assistants and other employees, the time for which employed and their compensation, may, by order of record, authorize and direct orders or drafts on the treasurer, payable out of the general county fund, to be drawn in favor of the officer, his deputy, assistant, or employee named in such statement, in payment of the monthly salary to which such officer is entitled, and when such order has been entered of record, the president and clerk of the county court, or other tribunal in lieu thereof, shall be authorized to sign such orders and drafts, for the purposes aforesaid: Provided, however, That no orders shall be issued to the officer or deputy, assistant or other employees until the officer has filed a detailed monthly statement with the county treasurer and has filed with the county clerk a duplicate copy thereof, together with a receipt from the county treasurer, showing that he has paid into the county treasury all fees, costs, percentages, commissions, allowances, compensation, income and all other perquisites of whatever kind that have been collected during such month, as shown by such statement.(1915, c. 83, §8; 1919, c. 57, §8; Code 1923, c. 137, §40.)

§9. Receipts for Such Compensation.—Before the clerk of the county court, or tribunal in lieu thereof, delivers an order upon the county treasury to any deputy, assistant or any other employee for his compensation, such person shall sign a receipt which shall be in the following form:

No.............................................................19....

Received of ......................................., clerk of the county court (or tribunal in lieu thereof), of..................................... county, draft payable to my order, drawn on the treasurer of said county for $................................. in full for all services as (here state service) for (here insert name of office) of said county ending (month and day).

I hereby certify that I have rendered the service as herein stated, and that I have received the full sum set forth in the above receipt for my own use and benefit, and that I have not paid, deposited or assigned, or contracted to pay, deposit or assign, any part of such compensation for the use of any other person, or in any way, directly or indirectly, paid or given, or contracted to pay or give, any reward or compensation for such position or the emoluments thereof.

(Signed)..........................................

All of such receipts shall be preserved and filed by the clerk of the county court, or tribunal in lieu thereof.(1915, c. 83, §9; Code 1923, c. 137, §41.)

§10. Illegal Orders for Such Compensation.—If any clerk shall issue and deliver an order or draft to any sheriff, clerk of the county court, clerk of the circuit court (or clerk of the circuit and criminal or intermediate courts), prosecuting attorney, or any of their deputies, assistants, or employees, in payment of his compensation, without the requirements of the two preceding sections being complied with, the order so issued and delivered shall be illegal, invalid and of no effect, and such clerk and the sureties on his bond shall be liable to the county court of his county, or tribunal in lieu thereof, for the payment thereof.(1915, c. 83, §10; Code 1923, c. 137, §42.)

§11. Sharing Compensation of Deputies or Assistants.—No officers shall receive or be paid, directly or indirectly, any part of the compensation of any deputy, assistant, or other employee, or any fee or reward for appointing him to such position. No member of a county court, or tribunal in lieu thereof, shall receive or be paid, directly or indirectly, any part of the compensation of any county officer named in this article, his deputy, assistant or other employee. Any violation of the provisions of this section shall be punishable, upon conviction, by a fine of not exceeding five hundred dollars or imprisonment not exceeding one year, or both, and by forfeiture of his office.(1915, c. 83, §11; Code 1923, c. 137, §43.)

§12. Allowance for Expenses of Sheriff.—The county court, or tribunal in lieu thereof, of every county shall, in addition to the salary here in provided, allow to the sheriff for keeping and feeding prisoners, other than federal prisoners or prisoners under civil process, as provided by law, the sum of sixty cents per day: Provided, however, That in any county where the prisoners do not exceed five in number the county court may allow a sum not to exceed seventy-five cents per day. An additional ten cents per day shall be allowed to the sheriff for each day a person is actually worked on the public road under sentence of any court having jurisdiction. The county court shall allow the actual and necessary expense incurred or expended in arresting, pursuing or transporting persons accused or convicted of crime and offenses, and in conveying or transferring to or from any state institution to which any person may be committed from his county, where, by law, the sheriff is authorized to convey or transfer such persons, and may allow the actual and necessary expenses incurred or expended in serving summonses, notices and other official papers in connection with the sheriff’s office: Provided, however, That the amount of such expenses so allowed shall not in the aggregate exceed the total fees earned by the sheriff for any year for serving such papers. Every sheriff shall file, under oath, monthly, a full and accurate account of all his actual and necessary expenses mentioned in this section before the same shall be allowed by the county court.(1915, c. 83, §13; 1919, c. 57, §13; Code 1923, c. 137, §45.)

§13. Allowance for Expenses of Prosecuting Attorney.—In addition to his salary, the prosecuting attorney shall be reimbursed for actual traveling expenses within his county in the performance of his official duties, and when out of the State for the purpose of taking depositions in cases in which other counsel is not employed by the court under section one, article three, chapter sixty-two of this Code; which expenses shall be duly itemized and verified, and shall, if found correct, be allowed by the county court, or tribunal in lieu thereof, and be paid monthly out of the general county fund.(1915, c. 83, §17; Code 1923, c. 137, §49.)

§14. Annual Reports by County Officers of Expenditures for Deputies, Assistants and Employees.—Every county officer named in this article, except the prosecuting attorney, shall, on the first day of December of each year, file with the county court, or tribunal in lieu thereof, and with the state tax commissioner, an itemized sworn statement of the amount expended by him, including compensation, emoluments and other outlay of money or thing of value for the twelve months next preceding the time of filing such report, for the services of his several deputies, assistants and all other employees. If any person or officer shall fail to file the statements hereby required, and at the time required, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than one hundred dollars, or imprisoned not less than thirty days nor more than six months, or both, at the discretion of the court.(1915, c. 83, §19; Code 1923, c. 137, §51.)

§15. How Salaries of Judges of Criminal or Intermediate Courts Paid.—Notwithstanding the provisions of any statute to the contrary, the salary of every judge of a criminal or intermediate court, or other court established at the instance of any county, and the compensation of every person who may hold any such court when the judge of the same cannot act, shall be paid out of the treasury of such county and not out of the treasury of the State.(1904, c. 14; Code 1923, c. 137, §20a.)

§1. Jail; Temporary Jail; Compensation by County for Use of City Jail.—The jail of the county shall be the jail provided by the county court as required by law. When a county is without a sufficient jail, or its jail is to be removed, rebuilt or repaired, the circuit court, or the judge thereof in vacation, may adopt the jail of another county as its jail until a sufficient jail is obtained by building or repairing. And persons committed, or to be committed, to the jail of the first mentioned county, at or after such adoption, and before a sufficient jail is so obtained, shall be conveyed to the jail so adopted. The jail of any county in which the supreme court of appeals may sit may be used as a jail for said court.

The county court of each county, or tribunal created in lieu thereof, shall have authority to provide for and pay to any city, town or village in this State in which no county jail or other place of imprisonment is owned by the county, not more than one dollar for the first day and not more than fifty cents for each subsequent day that any person charged with a criminal offense may be temporarily held in the jail or lock-up belonging to such city, town or village: Provided, That the provisions of this paragraph shall not apply to any person imprisoned for a violation of the ordinances of any city, town or village: Provided further, That in no case shall such payment be made for a period of more than five days for the detention of any one person held under any charge or charges at any one time. No such payment shall be made unless the amount of such charge is certified by the justice or other authority under whose jurisdiction such person is detained in the same manner as other costs in criminal cases are now required by law to be certified. The payment provided for in this section shall be made, in cases of persons charged with felonies or misdemeanors, in the manner and from the proper fund, according to the character of the offense charged, as provided by law for the payment of other costs payable by the county courts in criminal cases.(Code 1849, c. 50, §§6, 9; Code 1860, c. 50, §§6, 9; Code 1868, c. 41, §§39, 42; 1875, c. 42, §42; 1881, c. 19, §§44, 47; 1917, c. 109, §§1-3; Code 1923, c. 41, §§44, 47, c. 47, §61.)

§2. Jailer; Care of Jail.—The sheriff of every county shall be the keeper of the jail thereof, but he may, with the assent of the county court, appoint a jailer of the said county, and may take from him a bond with security conditioned for the faithful performance of his duties. The jailer may be a deputy sheriff and shall take an oath of office like other officers. He shall keep the jail in a clean and sanitary condition, and shall furnish each prisoner with wholesome and sufficient food, and with clean and sufficient bedding. The jail shall be heated when proper. When any prisoner is sick the jailer shall see that he has adequate medical attention and nursing, and so far as possible keep him separate from other prisoners. A failure on the part of the jailer to perform any of the duties herein required with respect to any prisoner in his jail shall be a contempt of any court of record under whose commitment such prisoner is confined, and shall be punished as other contempts of such court.(Code 1849, c. 50, §§3, 6; Code 1860, c. 50, §§3, 6; Code 1868, c. 41, §§34, 35; 1881, c. 19, §§39, 40; Code 1923, c. 41, §§39, 40.)

§3. Inspection of Jail.—At least once every year the circuit court of each county shall appoint three persons, one of whom shall be a physician, to inspect the jail. After being first duly sworn they shall thoroughly inspect the jail and shall ascertain and report promptly the condition of the same, how it is conducted, and any changes or improvements which in their judgment are proper. If the county court shall appear to have failed in any of its duties in relation to said jail, the court may direct the prosecuting attorney to proceed against it for such default by mandamus in the name of the State.(Code. 1849, c. 50, §§4, 5; Code 1860, c. 50, §§4, 5; Code 1868, c. 41, §§36, 37; 1881, c. 19, §§41, 42; Code 1923, c. 41, §§41, 42.)

§4. Jailer to Attend Court.—The jailer shall attend the sessions of court, be amenable to its authority, and obey its orders. He shall receive into his jail all persons committed by the order of such court or a judge thereof, or justice of any district in the county, or under process issuing from such court, and all persons committed by any lawful authority.(Code 1849, c. 50, §7; Code 1860, c. 50, §7; Code 1868, c. 41, §38; 1881, c. 19, §43; Code 1923, c. 41, §43.)

§5. Keeper of Temporary Jail.—The keeper of any jail adopted or designated as provided in section one of this article shall, as to the persons so conveyed thereto, be the jailer of the county from which such persons were so conveyed, until he shall, by proper authority, be ordered to discharge such persons, or deliver them over to the sheriff of the county from which they were so conveyed.(Code 1849, c. 50, §11; Code 1860, c. 50, §11; Code 1868, c. 41, §44; 1881, c. 19, §49; Code 1923, c. 41, §49.)

§6. Guard for Prisoners in Jail; Allowance for Such Guard.—When ordered by a court to do so, or when in his opinion it is necessary for the safe-keeping of a prisoner, under charge of or sentence for crime, the jailer shall summon a sufficient guard, and the circuit court or other court of record having jurisdiction of criminal cases, in the county in which the jail is, may allow therefor so much as it deems proper, not exceeding two and one-half dollars a day for each man. The court, before certifying any allowance, shall inquire into the condition of the jail. If it appear that such guard was neccessary because of the insecurity of the jail, it shall order the allowance to be certified to the county court and it shall be chargeable to the county; but if otherwise, and the guard was necessary, the allowance shall be certified for payment out of the treasury.(Code 1849, c. 210, §§1, 2; Code 1860, c. 210, §§1, 2; Code 1868, c. 161, §§1, 2; 1872-3, c. 170, §2; Code 1923, c. 161, §§1, 2.)

§7. Jail Physician; Clothing for Indigent Prisoners.—The county court for every county may appoint a physician to attend all persons confined in jail as lunatics, or persons charged with felony or misdemeanor, and such physician shall furnish all medicines and drugs for, and give proper attention to, all such persons at a stipulated, fixed and exclusive annual allowance. The appointment of such physician shall be made in open court. The court, or president thereof in vacation, shall cause notice to be given in some newspaper published in the county, and by posting at the front door of the courthouse, or, if no such paper be published, by posting as aforesaid alone, of the days during court when sealed bids will be received. The bids shall be opened only in court, on the day specified in the notice, if the court then be in session, and, if not, on the first day of the session thereafter, and the appointment awarded to the lowest responsible bidder; and such court shall have the right to reject any or all bids. The person receiving the appointment shall give bond with sufficient surety, to be approved by the court, for the faithful performance of the trust and agreement. The court shall have power to vacate the appointment for failure or neglect of duty; but such vacation shall in no manner affect the liability on the bond. All of the proceedings shall be entered in the order book of the court. The county court may also, after examination, when a person in its jail charged with or convicted of an offense is unable to provide himself with sufficient clothing, direct the jailer to provide him clothing, and allow therefor not exceeding twenty dollars in one year. Allowances under this section, on being certified by the court, shall be paid out of the county treasury.(Code 1849, c. 210, §3; Code 1860, c. 210, §3; Code 1868, c. 161, §3; 1887, c. 61, §3; Code 1923, c. 161, §3; 1923, c. 42, §3.)

§8. Federal Prisoners.—The jail of any county may be used for the confinement of persons committed thereto under the laws of the United States. The jailer thereof shall receive, keep and discharge such persons pursuant to the commitment, as provided in the laws of the United States. He shall be paid by the United States, or the creditor at whose suit any such person is in custody, for the support of such person, and for a failure of duty as to any such prisoner shall be liable to the United States, or such creditor, in like manner as in the case of a prisoner committed under the authority of the State. But no person arrested on civil process shall, under this section, be committed to any other jail than that of the county within which such person may reside or be found.(Code 1849, c. 50, §§12, 13; Code 1860, c. 50, §§12, 13; Code 1868, c. 41, §§40, 41; 1881, c. 19, §§45, 46; Code 1923, c. 41, §§45, 46.)

§9. Prisoners Under Civil Process.—The party at whose instance any person is confined in jail under civil process shall be responsible to the jailer for the maintenance of such person during such confinement, which shall be payable monthly, and upon failure of such party to pay the same when due, the jailer may discharge the prisoner, if not held under other process, but shall have the right to sue for the amount due as for other money due on contract. The jailer may require a bond for the payment of such maintenance before receiving a person, on civil process. Any party by whom payment may be made of the amount chargeable to him may, upon motion before the circuit court of such county, or by action before any justice having jurisdiction, obtain judgment against the person who was so confined, or his personal representative, for the amount so paid, with interest thereon from the time of such payment.(Code 1849, c. 50, §§14-16; Code 1860, c. 50, §§14-16; Code 1868, c. 41, §§45-47; 1881, c. 19, §§50-52; Code 1923, c. 41, §§50-52.)

§10. Persons Privileged From Arrest Under Civil Process.—In addition to the privilege of voters and members of the legislature from arrest, as prescribed by the third section of article four, and the seventeenth section of article six of the Constitution, the following persons shall also be privileged from arrest under civil process, except for an escape, to-wit: A judge, grand juror, or witness, required by lawful authority to attend at any court or place, during such attendance, and while going to and returning from such court or place; officers and men, while going to, attending, and returning from any muster or court-martial which they are lawfully required to attend; persons attending funerals and ministers of the gospel while engaged in performing religious service in a place where a congregation is assembled and while going to and returning from such place, but such privilege shall only be on the days of such attendance.(Code 1849, c. 49, §26; Code 1860, c. 49, §25; Const. 1863, art. 3, §3, art. 4, §32; Code 1868, c. 41, §§13,14; Const. 1872, art. 4, §3, art. 6, §17; 1881, c. 19, §§13, 14; Code 1923, c. 41, §§13, 14.)

§1. Establishment.—The commissioners of any county may unite with any city, located in said county, in the erection, management and maintenance of a workhouse for the joint use of such county and city; and the commissioners are authorized to levy and collect the necessary funds therefor from the taxable property of the county: Provided, That the commissioners shall not collect and expend a greater amount than shall be collected and expended by such city for the same purpose: Provided further, That the question of erecting such workhouse shall first be submitted to a vote of the people of the city and county desiring the same, and shall be ratified by three-fifths of all votes for and against the question, at an election to be held for that purpose: And provided further, That the aggregate of all indebtedness including the amount for such workhouse shall not exceed five per cent of the assessed valuation of the real estate of the city and county erecting the same.(1905, c. 72, §1; Code 1923, c. 39A, §1.)

§2. Board of Directors.—The direction, management and control of any such joint workhouse, and the maintenance and care of the convicts therein, shall be vested in a board of five directors, who shall be called “The Board of Joint City and County Workhouse Directors,” and such directors shall be freehold electors of such county, and shall serve without compensation, and not more than three members of the board of joint city and county workhouse directors shall be of the same political party faith.(1905, c. 72, §2; Code 1923, c. 39A, §2.)

§3. Appointment of Directors.—The directors shall be appointed by the mayor, and the county court or other tribunal acting in lieu thereof, of such city and county having such joint workhouse, with the approval of the council of such city and county commissioners, and shall hold their office for five years, except that at the first appointment one director shall be appointed for one year, one for two years, and one for three years, one for four years, and one for five years, and thereafter one shall be appointed annually, but all appointments shall be made in conformity with section two.(1905, c. 72, §3; Code 1923, c. 39A, §3.)

§4. Officers.—The board of such joint city and county workhouse directors shall elect annually, at its first regular meeting in May, one of its members as president and at the same meeting appoint a secretary and clerk, who shall make a complete record of all its proceedings, and the board may appoint such other officers as may be necessary, and fix the compensation of all officers for their services.(1905, c. 72, §4; Code 1923, c. 39A, §4.)

§5. Contracts.—Contracts may be made by or on behalf of the board, but it shall be essential to the validity of every such contract that the same shall be assented to at a regular meeting by a majority of all members, and a minute thereof entered on the journal of its proceedings.(1905, c. 72, §5; Code 1923, c. 39A, §5.)

§6. Employees.—The board shall have power to appoint a superintendent, deputy superintendent, and such subordinate officers, guards and employees as may be necessary, fix their compensation and prescribe their duties, and to make all such regulations for their management and government as it may deem expedient.(1905, c. 72, §6; Code 1923, c. 39A, §6.)

§7. Regulations.—The board shall have power to make, establish and enforce rules and regulations for its own government, and the government and control of the institution, its officers and inmates, and make contracts for supplies and the labor of its inmates either within the corporate limits of such municipality or within the limits of the county in which such workhouse is located, as the board shall direct.(1905, c. 72, §7; Code 1923, c. 39A, §7.)

§8. Records.—The books of the institution shall be so kept as to clearly exhibit the time, state and condition of the inmates, the number received and discharged, by what court and for what cause committed, the length of the time of commitment of each person, the number of days’ labor performed by each convict, and the nature and value of such labor to such institution, and the relative costs and expenses incurred by the institution in managing and taking care of each convict, and the number employed in each branch of industry carried on, and the receipts from and expenditures for and on account of each department of business.(1905, c. 72, §8; Code 1923, c. 39A, §8.)

§9. Quarterly Financial Statements.—The board shall cause quarterly statements to be made, specifying minutely all receipts and expenditures, from whom and for what purpose received, and to whom and for what purpose paid, with proper voucher for each item, and submit such statement properly certified to the council of such city and the commissioners of such county, for their examination and approval.(1905, c. 72, §9; Code 1923, c. 39A, §9.)

§10. Accounts and Reports.—The accounts of the institution shall be annually closed and balanced on the first Monday of January in each year. And full reports of the preceding year shall then be made and submitted to the city council and county commissioners, which shall be published in some newspaper of such city of general circulation in the county, or in such other forms as the board of directors may determine; and the city council and county commissioners, or either of such bodies, may require such other reports and exhibits of the condition and management of such institution as they may deem proper.(1905, c. 72, §10; Code 1923, c. 39A, §10.)

§11. Superintendent; Powers and Duties.—The superintendent of such workhouse shall have the control and management of its affairs, subject to the laws of the State and the ordinance of the corporation and the rules and regulations adopted by the board for its government. And it shall be his duty to obey all written orders and instructions of the board not inconsistent with the laws, rules and regulations relating to the government of the institution.(1905, c. 72, §11; Code 1923, c. 39A, §11.)

§12. Inspection and Supervision.—The superintendent shall be responsible for the manner in which the institution is managed and conducted, shall reside at the same, devote his time and attention to the proper business thereof, and visit and examine into the condition of every department thereof, and of each person confined therein, daily, or as often as good order or necessity may require, and he shall exercise a general supervision and direction in regard to all matters of discipline, police regulation and business of the institution.(1905, c. 72, §12; Code 1923, c. 39A, §12.)

§13. Deputy Superintendent.—In the absence or inability of the superintendent, the deputy superintendent of the institution shall, so far as relates to the discipline thereof, perform the duties of the superintendent.(1905, c. 72, §13; Code 1923, c. 39A, §13.)

§14. Removal of Officers.—The board, for misconduct or willful neglect of duty, and upon sufficient proof thereof, may remove any officer or employee of the institution, except the superintendent thereof, who shall be removed for cause and in the manner provided for the removal of city officers; and any employee of the superintendent may be discharged at his discretion, but no officer shall be removed by the board until he has had an opportunity to be heard in his defense.(1905, c. 72, §14; Code 1923, c. 39A, §14.)

§15. Maintenance.—The costs of maintaining such joint city and county workhouse, over and above the proceeds arising from the sale of the products thereof, shall be borne by such city and county jointly, and such expenses shall be paid quarterly by such city and county out of the respective treasuries thereof, upon the certificate of such secretary of such joint city and county workhouse, on the approval of the council of such city and the commissioners of such county. And the county court of any county having such joint city and county workhouse is hereby authorized and required to levy upon all the real and personal property, outside of the corporate limits of such city, such sum as may be necessary, and the city council of such city is hereby authorized and required to levy upon all the real and personal property, inside of the corporate limts of such city, such sum as may be necessary for the maintenance aforesaid; and the board of such joint city and county work house directors, the city council of such city, and the county commissioners of such county, in ascertaining and determining at the end of each quarter the amount to be paid to such board to meet any deficiency in the products of such joint workhouse to maintain the same, shall take into account and be governed by the number of convicts furnished by such city and county, the number of days’ labor performed by the convicts from each, the value of such labor, and the relative, costs and expenses of taking care of, managing and disciplining the convicts of each, and give to such city and county each full credit for the value of the products of such workhouse produced by the labor, skill and diligence of the convicts from each, and charge to the account of each (city and county) the cost to such institution of working, managing, maintaining, taking care of, and disciplining its convicts, and make assessments upon such city and county for the maintenance of such institution accordingly.(1905, c. 72, §15; Code 1923, c. 39A, §15.)

§16. Commitments.—When a person over sixteen years of age is convicted of an offense, under the law of the State or an ordinance of a municipal corporation, and the tribunal before which the conviction is had is directed by law to commit the offender to the county jail, or corporation prison, the court, mayor or justice of the peace, as the case may be, shall sentence the offender to the workhouse, if there is such house in the county: Provided, That when a commitment is made from a city, village or township in the county, other than in the municipality containing such workhouse, the council of such city or village, or the trustees of such township, shall transmit with the mittimus a sum of money equal to forty cents per day for the time of such commitment, to be placed in the hands of the superintendent of such workhouse, for the care and maintenance of such prisoner.(1905, c. 72, §16; Code 1923, c. 39A, §16.)

§17. Inmates From Other Counties and Cities.—Any city and county or county having or that may hereafter erect a joint city and county workhouse, or county workhouse, may receive as inmates of such joint city and county workhouse, or county workhouse, persons sentenced thereto as provided by law, from counties and municipal corporations having no workhouse, upon such terms and for such length of time as may be agreed upon by the commissioners of such county or the council of such municipal corporation, and the board of such joint city and county workhouse directors, or county workhouse directors: Provided, That such convicts so received shall, in all respects, be and remain under control of the directors of such workhouse, and subject to the rules, regulations and discipline of such workhouse the same as other convicts there in detained.(1905, c. 72, §17; Code 1923, c. 39A, §17.)

§18. Inmates From Cities.—The commissioners of any county, or the council of any municipal corporation, wherein there is no workhouse, may agree with the council of any municipal corporation or other authority having control of the workhouse of any other city, or with the directors of any district or joint city and county workhouse, or county workhouse, upon terms and conditions upon which persons convicted of misdemeanors or of the violation of any ordinance of such municipal corporation by any court or magistrate of such county or municipal corporation, having no workhouse, may be received into such workhouse under sentence of such court or magistrate; and the county commissioners of such county, and the council of any such municipal corporation, are authorized to pay the expenses incurred under such agreement out of the general fund of such county, or of the municipal corporation, upon the certificate of the proper officer of such workhouse; and the sheriff or other officer transporting any person to such work house shall have the following fees therefor: Six cents per mile for himself, going and returning, and five cents per mile for transporting such convict, and five cents per mile going and coming for the service of each guard, to be allowed as in penitentiary cases; the number of miles to be computed by the usual route of travel, to be paid in state cases out of the general fund of the county, on the allowance of the county commissioners, and in cases for the violation of the ordinances of any municipal corporation by such municipal corporation on the order of the council thereof.(1905, c. 72, §18; Code 1923, c. 39A, §18.)

§19. Sentence to Workhouse.—When any person has been convicted of a misdemeanor or of the violation of any ordinance of a municipal corporation, by any court or magistrate of the State, or of such municipal corporation, in a county or municipal corporation having no work house, and the commissioners of such county or council of such municipal corporation have made provisions as allowed by law for receiving persons so convicted into the workhouse of a city in any other county or district, or a joint city and county workhouse, or county workhouse in this State, it shall be competent for such court or magistrate, in its discretion, where imprisonment in the county or municipal jail may by law or ordinance be imposed in punishment of such offense, to sentence such person to such workhouse for a period not exceeding the maximum period of confinement in the county or municipal jail allowed by statute or ordinance for such offense; and in all such cases such court or magistrate may further order that such person stand committed to such workhouse until the costs of prosecution are paid, or he be discharged, as herein provided; and in all cases where a fine may be imposed in whole or in part punishment of an offense, or for violation of an ordinance of any municipal corporation, and such court or magistrate could order that such person stand committed to the jail of the county or municipal corporation until such fine and costs of prosecution are paid, such court or magistrate may order that such person stand committed to such workhouse until such fine and the costs of prosecution are paid, or until he be discharged therefrom by allowing a credit of sixty cents per day on such fine and costs for each day of confinement in such workhouse, or be otherwise legally discharged.(1905, c. 72, §19; Code 1923, c. 39A, §19.)

§20. Procedure After Sentence.—When a person is sentenced to such workhouse by the circuit or criminal courts, the clerk thereof shall make and deliver to the sheriff a certified copy of the docket and journal entries, showing the crime charged and the sentence of the court, which shall be delivered by the sheriff to the proper officer in charge of such workhouse, which shall be his warrant for detaining such person in custody therein. In case of such convictions by any court or magistrate, such court or magistrate shall make a certified transcript of the docket in such case, which shall in like manner be delivered to the marshal or constable or sheriff by such court or magistrate, which shall be delivered by such officer to the proper officer in charge of such workhouse, which shall be his warrant for detaining such person in custody therein. In all cases of sentences to a workhouse, the person so sentenced may be confined in the jail of the county or corporation prison for sueh period as may be reasonably necessary for the officer to procure the papers and make arrangements to transport him to such workhouse.(1905, c. 72, §20; Code 1923, c. 39A, §20.)

§21. Payment of Fine.—When a person is committed to such workhouse under sentence that he stand committed to such workhouse until the fine and costs of prosecution assessed against him are paid, as provided in section eighteen, such person may pay in money, in whole or in part, to the board of workhouse directors, such fine and costs assessed against him, and such board shall receive and turn the same, quarterly, into the treasury of the county from which such person was committed: Provided, That such person was so committed for the violation of any law of the State; and when any person so committed for the violation of an ordinance of a municipal corporation shall make such payment to such board, it shall be its duty to receive and quarterly turn the same into the treasury of the municipal corporation from which such person was committed.(1905, c. 72, §21; Code 1923, c. 39A, §21.)

§22. Enlargement of Buildings.—The board of joint city and county workshop directors, or county workhouse directors, may enlarge or improve the buildings, shops or grounds from any surplus that may arise from the income of such workhouse, or from the levy from such maintenance made by such county and city, or county; but no levy for maintenance shall be made when it has not been necessary to use more than one-half of the avails of the levy for the year preceding; and any surplus arising from the carrying on of such joint workhouse shall be returned to the general fund of such city and county in the proportion that such surplus may have been produced by the labor of the convicts of each, and any surplus arising from the carrying on of such county workhouse shall be returned to the general fund of the county.(1905, c. 72, §22; Code 1923, c. 39A, §22.)

§23. Fees of Officers.—In all cases of sentence and commitment to such joint city and county workhouse all officers shall be paid the same fees therefor allowed by law for similar services in other cases; such fees, in cases of misdemeanor, shall be paid out of the county treasury of the county from which such commitment was made, and when such sentence is for violation of an ordinance, such fees shall be paid out of the treasury of the municipal corporation from which commitment was made: Provided, That such fees shall only be paid out of the costs paid by convicted persons sentenced under the provisions of this article.(1905, c. 72, §23; Code 1923, c. 39A, §23.)

§24. Parole.—The foregoing board of joint city and county workhouse directors shall have power to establish rules and regulations under which, and specify the conditions on which, any prisoner may be allowed to go upon parole outside of the buildings and inclosures, but to remain while on parole in the legal custody and under the control of the board and subject at any time to be taken back within the inclosure of said institution; and full power to enforce such rules and regulations and conditions, and to retake and reimprison any convict so upon parole, is hereby conferred upon such board, whose written order, certified by its secretary, shall be a sufficient warrant, for all officers named therein, to authorize such officer to return to actual custody any conditionally released or paroled prisoner; and it is hereby made the duty of all officers to execute such order the same as ordinary criminal process; and the board may employ or authorize any person or persons to see that the conditions of such paroles are not violated, and in case of such violation to return any such prisoner so violating such parole to said workhouse, and the time between the violation of the conditions of such parole or conditional release (by whatever name), as entered by order of the board in the record of its meetings, and the reimprisonment or return of such prisoner shall not be counted as any part or portion of time served under any sentence; and any prisoner a large upon such parole who fails to return to the custody of said workhouse as may be specified as one of the conditions of his parole, or commit a fresh crime and is convicted thereof, shall be on the order of such board, treated as an escaped prisoner and subject to the penalties concerning escapes from prison.(1905, c. 72, §24; Code 1923, c. 39A, §24.)

§1. Deputy Sheriffs as Humane Officers.—The sheriff of each county of this State shall annually designate, by a record made in the office of the clerk of the county court, one of his deputies to act as humane officer of such county, and it shall be the duty of the deputy sheriff so designated to act as humane officer, as well as all peace officers as designated by law, to investigate all complaints made to him of cruel or inhuman treatment of animals within his county, and to personally see that the law relating to the prevention of cruelty to animals is enforced; and failure to investigate any complaint made to him and to take proper measures in such case or to perform his duty in any other respect shall con stitute good cause for removal from office.(1901, c. 4; 1919, c. 118, §14a; Code 1923, c. 149, §14a; 1923, c. 47, §14a.)

§2. Duty of Humane Officers; Interference With.—It shall be the duty of such officers to prevent the perpetration or continuance of any act of cruelty upon any animal in his presence, and to arrest and prosecute any person engaging in such cruel and forbidden practices in his presence, or whom he finds reasonable cause to believe guilty thereof after investigating any complaint made to him, and any person who shall interfere with, obstruct, or resist any such officer in the discharge of his duty, shall be guilty of a misdemeanor, and, upon conviction, be fined pot less than five nor more than fifty dollars or imprisoned in the county jail not more than thirty days, or both, and this shall be in addition to any penalty such person may incur for cruel or inhuman treatment of any animal.(1901, c. 4; 1919, c. 118, §14b; Code 1923, c. 149, §14b; 1923, c. 47, §14b.)

§3. Cruel Treatment of Animal Drawing or in Vehicle; Custody and Care Thereof by Humane Officers.—When any person arrested is, at the time of such arrest, in charge of any vehicle drawn by or containing any animal cruelly treated, such officer shall take charge of such animal and of such vehicle and its contents, and of the animal or animals drawing the same, and shall, if the person in charge thereof be not the owner, give notice of such seizure to the owner, and provide for them until their owner shall take charge of the same; and if the person in charge of or driving such animals be the owner thereof, the same shall not be returned to him until he has been tried for the offense and acquitted, or if convicted, until he shall give bond in the penalty of five hundred dollars with approved security before the tribunal trying the case conditioned not to again cruelly treat such animals; and the officer shall have a lien upon such animals and the vehicle and its contents for the expenses of such care and provision, or such expenses or any part thereof remaining unpaid may be recovered by such humane officer in a civil action.(1901, c. 4, §4; 1919, c. 118, §14c; Code 1923, c. 149, §14c; 1923, c. 47, §14c.)

§4. Custody and Care of Animals Abandoned, Neglected or Cruelly Treated.—Such officers shall take charge of any animal found abandoned, neglected, or cruelly treated, and shall thereupon give notice thereof to the owner, if known, and shall care and provide for such animal until the owner shall take charge of the same, and the expense of such care and provisions shall be a charge against the owner and a lien upon the animal, and such animal shall not be turned, over to such owner until the same is paid: Provided, That if it shall appear to such officers that the owner of such animal has willfully abandoned, neglected or cruelly treated the same, such animal shall not be returned to him until he has been acquitted of the charge, or, if convicted thereof, until he has given bond as provided in, the last preceding section, and not then until he has fully paid all charges for the care and provisions for such animal during the time it shall have been in the possession of such humane officer.(1901, c. 4, §5; 1919, c. 118, §14d; Code 1923, c. 149, §14d; 1923, c. 47, §14d.)

§5. Destruction of Animals.—Any such officer may lawfully destroy or cause to be destroyed any animal in his charge, when in the judgment of such humane officer, and by the written certificate of a regularly licensed veterinary surgeon, such animal appears to be injured, disabled, diseased past recovery or unfit for any useful purpose.(1901, c. 4, §6; 1919, c. 118, §14e; Code 1923, c. 149, §14e; 1923, c. 47, §14e.)