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§ 4. Protests.—Notaries shall have authority to demand acceptance of foreign and inland bills of exchange, including checks, and to demand payment thereof, and of negotiable promissory notes, and protest the same for non-acceptance or nonpayment, as the case may require; and perform such other duties as by the law of nations or commercial usage may be performed by notaries public. The protest in the case of a bill of exchange, or negotiable promissory note, shall be prima facie evidence of what is stated therein (or at the foot or on the back thereof, if signed by the notary) in relation to presentment, dishonor, and notice thereof. (Code 1916, c. 51.)

§ 5. Notarial records.—On the death of a notary, or the termination of his office by resignation, removal from office or otherwise, his records and official papers shall be deposited in tho office of the clerk of the county court of the county; and copies thereof certified by such clerk shall have the same effect as if certified by the notary. A notary who for three months after the termination of his office, neglects so to deposit his records and official papers, and the personal representative of a deceased ndtary, who for three months after his qualification as such representative, neglects so to deposit the records and official papers of the deceased which have come to his hands or control, shall each forfeit a sum not exceeding five hundred dollars. Whoever knowingly destroys, defaces or conceals the records or official papers of a notary, shall forfeit a sum not exceeding one thousand dollars, and be liable in damages to any person injured thereby. (Code 1916, c. 51.)

$ 6. Signature of notary to state date of expiration of commission. The official signature of any notary shall state the date of expiration of his commission, but a mis-statement of such date shall not invalidate any official act of such notary; provided, his commission be at the time thereof in force. It shall be the duty of the secretary of state to notify, before December first, one thousand nine hundred and nine, all notaries commissioned since December thirty-first, one thousand nine hundred and three, by letter mailed to last known address, of the date of expiration of their respective commissions. (Code 1916, c. 51.)

§ 7. Fees for services. When there is a protest by him, for the record thereof, making out instrument of protest under his official seal and notice of dishonor to one person besides the maker of a note or acceptor of a bill, $1.00; for every additional notice, 10c; for taking and certifying the acknowledgment of any deed or writing, or taking and certifying the privy examination and acknowledgment of a married woman, 50c; for administering and certifying an oath, unless it be the affidavit of a witness, 25c; for taking and certifying affidavits or depositions of witnesses (except as provided in chapter sixty-six of the Code) at the rate for each hour actually employed in taking the same, of 750; for other services, the same fees as are allowed by law to the clerk of the circuit court for similar services. (Code 1916, c. 137.)

CHAPTER 9.
OFFENSES RELATING TO MONEY OR GOODS.

$ 1. Larceny.-If a person commit simple larceny of goods or chattels, he shall, if they be of the value of twenty dollars or more, be deemed guilty of grand larceny and be confined in the penitentiary not less than two nor more than ten years; nd if they be of less value, be deemed guilty of petit larceny, and be confined in jail not exceeding one year. (Code 1916, c. 145.)

§ 2. Same: notes, checks or other papers. If any person steal any bank note, check, or other writing or paper of value, or any book of accounts for or concerning money or goods due or to be delivered, he shall be deemed guilty of larceny thereof, and receive the same punishment, according to the value of the thing stolen, that is prescribed for the punishment of larceny of goods or chattels. In a prosecution under the preceding section, the money due on or secured by the writing, paper, or book, and remaining unsatisfied, or which in any event might be collected thereon, or the value of the property or money affected thereby, shall be deemed to be the value of the article stolen. (Code 1916, c. 145.)

$ 3. Same: things savoring of realty.—Things which savor of the realty, and are at the time they are taken, part of the freehold, whether they be of the substance or produce thereof, or affixed thereto, shall be deemed goods and chattels, of which larceny may be committed, although there be no interval between the severing and taking away. (Code 1916, c. 145.)

$ 4. Receiving stolen goods.-If any person buy or receive from another person, or aid in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal offender be not convicted. (Code 1916, c. 145.)

§ 5. Embezzlement. If any officer, agent, clerk or servant of this State, or of any county, district, school district or municipal corporation, or of any incorporated bank, or other corporation, or any officer of public trust in this State, or any agent, clerk or servant of any firm or person, or company or association of persons not incorporated, embezzle or fraudulently convert to his own use, bullion, money, bank notes, security for money, or any effects or property of any other person, which shall have come into his possession, or been placed under his care or management, by virtue of his office, place or employment, he shall be guilty of larceny thereof. In the prosecution of any such officer, agent, clerk or servant, charged with such embezzlement, fraudulent conversion or larceny, if it appear that the possession of such bullion, money, bank notes, security for money or other property is unlawfully withheld by such officer, agent, clerk or servant, from the person or persons entitled thereto, and that such officer, agent, clerk or servant has failed or refused to restore or account for such bullion, money, bank notes, security for money or other property, within thirty days after proper demand has been made therefor, such accused officer, agent, clerk or servant shall be presumed to be guilty of such offence; but the accused may rebut such presumption by disproving any such facts, or by other competent testimony germane to the issue, upon the trial. An indictment for any such offence shall be sufficient if it be in form or effect as follows:

“State of West Virginia, County of — to-wit:

The grand jurors of the State of West Virginia, in and for the body of the county of -, upon their oaths present that A. B., on the day of 19—, in the county aforesaid, did, feloniously embezzle, convert to his use and steal certain bullion, money, bank notes, securities for money and other effects and property of and belonging to

to-wit. (here describe the property,) of the value of

dollars, he, the said A. B.,

ܕ

having then and there in ‘his possession such bullion, money, bank notes, securities for money and such other effects and property, by virtue of a certain office, place and employment, to-wit: (here state office, place or employment); against the peace and dignity of the State."

And whenever any officer, agent, clerk or servant of this State, or of any county, district, school district, or municipal corporation, shall appropriate or use for his own benefit, or for the benefit of any other person, any bullion, money, bank notes, security for money, or funds belonging to this State or to any such county, district, school district or municipal corporation, he shall be held to have embezzleď the same, and be guilty of the larceny thereof, and the failure of any such officer, clerk or servant to account for or pay over, as required by law, any such bullion, money, bank notes, security for money or funds shall be prima facie evidence that he has so appropriated or used the same for his own benefit or for the benefit of such other persons. (Code 1916, c. 145.)

§ 6. Same: by carrier or other person.--If any carrier or other person to whom money or other property which may be the subject of larceny, may be delivered to be be carried for hire, or any other person who may be instrusted with such property, embezzle or fraudulently convert to his own use or secrete with intent to do so, any such property, either in mass or otherwise, before delivery thereof at the place at which, or to the person to whom, they were to be delivered, he shall be deemed guilty of larceny thereof. (Code 1916, c. 145.)

§ 7. False accounts. If any officer, clerk or agent of this State, or of any county, district, school district or municipal corporation thereof, or of any bank or incorporated company, or any clerk or agent or firm or person or association of persons not incorporated, make, alter or omit to make any entry in any book of account of, or in any account kept by such State, county, district, school district, municipal corporation, bank, incorporated company, firm or person, or association of persons, or mutilate, destroy or conceal any such account or book of accounts, with intent in so doing to conceal the true state of any account, or to defraud the State or any county, district, school district, municipal corporation, bank company, firm or person, or with intent to enable or assist any person to obtain money to which he was not entitled, such officer, clerk, or agent shall be confined in the penitentiary not less than two nor more than ten years. (Code 1916, c. 145.)

$ 8. Destroying or concealing will; embezzlement by fiduciary. -If a person fraudulently destroy or conceal any will or codicil, with intent to prevent the probate thereof, he shall be confined in the penitentiary not less than two nor more than five years. If any guardian, personal representative, or other fiduciary, shall wilfully and knowingly fail to make and return an inventory of any personal property (of which an inventory is required by law to be made) which may come to his hands as such, or shall wilfully and knowingly fail or refuse to produce any such property for appraisement in the manner required by law, or shall wilfully and knowingly conceal or embezzle any such property, he shall be guilty of the larceny thereof; and the failure of any such guardian, personal representative or other fiduciary, to account for or to pay over or deliver when directed by the court, as required by law, any money, bullion, bank notes or other property, determined by the proper officer or court to be due or payable, shall be prima facie evidence that such guardian, personal representative or other fiduciary has embezzled the same. (Code 1916, c. 145.) - $ 9. Cheating by false pretenses.-If any person obtain from another, by any false pretense, token or representation, with intent to defraud, money, goods or other property which may be the subject of larceny, or if he obtain from another any money, goods or other property, which may be the subject of larceny, on credit, by representing that there is money due him, or to become due him, and shall assign his claim for such money, in writing, to the person from whom he shall obtain such money, goods or other property, and shall afterwards collect the same without the consent of such assignee, with intent to defraud, he shall in either case be deemed guilty of larceny; or if any person obtain by any false pretense, token or representation, with intent to defraud, the signature of any other person to a writing, the false making whereof would be forgery; every person so offending against any of the provisions of this section shall, upon conviction thereof, be confined in the penitentiary not less than one nor more than five years, or at the discretion of the court be

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