STATE OF WEST VIRGINIA, TO-WIT:

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-, governor of the said State, pursuant to the act of the legislature thereof, in such case made and provided, do hereby certify that A. B., of the county of (and so on, stating the full name of every person elected and the county in which he resides,) were duly appointed by this State at an election held therein on the day of, electors of president and vice president of the United States.

Given under my hand and the great seal of the said State of West Virginia, this - day of —.

CREDENTIALS OF SENATORS OF THE UNITED STATES.

18. Where a senator is chosen by the legislature to represent this State in the senate of the United States, the clerk of the house of delegates shall give information of the same to the governor, who shall cause a credential to be made out to the following effect :

STATE OF WEST VIRGINIA, TO-WIT :

The legislature of this State having, on the day of, in pursuance of the constitution of the United States, chosen A. B., of the county of -, a senator from this State for six years, beginning on the fourth day of March, in the year, (or for such time as may be assigned to him according to the said constitution, or to fill the vacancy which has happened by the death, resignation, or otherwise, of C. D.)

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governor of the State of West Virginia, do hereby certify the same to the senate of the United States.

Given under my hand and the great seal of the said State, this - day of -.

The governor shall accordingly sign the said credential and cause the great seal of the State to be affixed thereto, and deliver the same to the senator so chosen.

19. When a vacancy shall happen during the recess of the legislature in the representation from this State in the senate of the United States, and the executive shall make a temporary appointment to fill such vacancy, the governor shall cause a credential, under his hand and the great seal of this State, to be delivered to the person so appointed, to the following effect:

STATE OF WEST VIRGINIA, TO-WIT:

A. B., who was, according to the constitution of the United States, a senator from this State for the term ending on the third day of March, in the year —, having died, (resigned, or otherwise, as the case may be,) during the recess of the legislature, I, , governor of the State of West Virginia, do, by virtue of the said constitution, appoint C. D., of the county of a senator from this State in the senate of the United States, until, the next meeting of the legislature.

Given under my hand and the great seal of the State, this, the - day of

COMMISSIONS OF THE JUDGES, ATTORNEY GENERAL AND MILITARY OFFICERS.

20. The judges and attorney general shall be commissioned by the governor; officers of the militia shall be commissioned according to the twenty-first and twenty-third chapters of this code.

NO TAX OR FEES FOR STATE SEAL.

21. When the seal of the State is affixed to any certificate, credential or commission of a public officer, no tax or fee shall be charged therefor.

OFFICE PROPERTY.

22. All acts of the legislature, codes, forms, reports, blank books, dockets and other property of whatever kind furnished to any officer by authority of law, are declared to be the property of the office, and shall be delivered by the retiring officer to his successor within ten days after the latter shall have entered upon the duties of his office.

23. If the predecessor of any officer fail to comply with any of the requirements of the preceding section, it shall be the duty of such officer to notify the prosecuting attorney of the county of such failure, who shall at the next term of the circuit court of the county place the official bond of such delinquent party in suit, and unless it appear that such failure was through no fault of the party complained of, there shall be a recovery on his official bond of fifty dollars and the costs of the suit, including an attorney's fee of ten dollars. The penalty recovered in such suit shall be paid into the general school fund of the State.

ACTS REPEALED.

2. All acts and parts of acts coming within the purview of this act, and inconsistent therewith, are hereby repealed.

CHAPTER VIII.

PROCEEDINGS AND COMPENSATION OF PRESIDENTIAL ELECTORS.

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1. The persons chosen as electors of president and vicepresident of the United States shall meet the office of the governor, at the seat of government of this State, on the first: Wednesday of December, in the year eighteen hundred and seventytwo, and the same day in every fourth year thereafter, or such other day as congress shall prescribe, and then and there give their votes and make, certify and transmit lists thereof, in the manner prescribed by the constitution and laws of the United States. If any of the electors so chosen fail to attend by the hour of ten in the forenoon of the said day, the electors present shall supply the vacancy by appointing an clector in place of each one so failing to at

tend; and every elector so appointed shall be entitled to vote in the same manner as if he had been originally chosen by the people.

2. Every elector of president and vice-president of the United States shall be entitled to the same per diem and mileage that is allowed to the members of the legislature, to be paid out of the treasury of the State.

CHAPTER IX.

OATHS OF OFFICE.

(This chapter was repealed and the following passed in its place. See Acts 1872-3, p. 372.) AN ACT relating to oaths of office.

(Passed April 11, 1873.)

Be it enacted by the Legislature of West Virginia :

1. Every person elected, except as member of the legislature, or appointed to any office or public trust, civil or military, shall, except when it is otherwise provided, before proceeding to exercise the authority, or discharge the duties of the same, make oath or affirmation that he will support the constitution of the United States and the constitution of this State, and that he will faithfully discharge the duties of his office (or trust) to the best of his skill and judgment: Provided, that persons who may have been elected to office on the twenty-second day of August, 1872, and who may have taken the oath prescribed by the fifth section, fourth article of the constitution, since the twentieth day of December, 1872, before any person authorized to administer an oath, are not required to take said oath again.

2. The first section of this act shall not apply to the case of a person residing in another State or country, who is appointed by the governor, or designated, pursuant to law, for any office, agency or service to be performed out of the State, or an executor, administrator, guardian, curator, committee, trustee or person authorized to celebrate the rites of matrimony.

3. The oaths aforesaid may be taken before any court of record, or before any person now or hereafter authorized to administer an oath. Any person residing in another State or locality, who is appointed for any office, agency or service to be performed out of this State, may take the oath prescribed by this act before a justice, notary, court or judge of the county in which he resides, or in which the duties of the office, agency or service are to be performed.

4. If any person elected, except as a member of the legislature, or appointed to any official public trust, civil or military, exercise any authority, or enter upon the discharge of any duty pertaining thereto before taking the proper oath, he shall forfeit not less than fifty dollars nor more than one thousand dollars.

5. The oath to be taken as aforesaid shall be certified by the person who administers the same, as by the order of the court if taken

in court, and the certficates or copies of the orders of the court disposed of as follows: Those showing the oaths taken by the governor, treasurer, auditor, attorney general, the state supertntendent of free schools, secretary of state and clerks employed by them, and of all other civil officers except those afterwards mentioned in this section, shall be filed in the office of the secretary of state. The certificates of the oaths of officers of the senate and house of delegates shall be filed in the office of the secretary of state. The certificates of the oaths of judges of the supreme court of appeals or judges of the circuit courts, shall be delivered to and recorded by the clerk of the county court of the county in which such judge may reside, or to the clerk of the court exercising judicial powers, created under authority of the thirty-fourth section of the eighth article of the constitution, as a substitute for a county court of the county in which said judge may reside. The certficate of the oath of a clerk of a county court or of the clerk of any court or other tribunal created as a substitute for a county court, shall be delivered to and recorded by the clerk of a circut court of the county. The certificate of the oath of a clerk of the circuit court, sheriff, assessor, surveyor of lands, president of a county court, justices, notary public and all other county, district and municipal officers shall be delivered to and recorded by the clerk of the county court or delivered to and recorded by the clerk of the court exercising judicial powers, which may have been or be hereafter substituted for a county court, unless such officer take the oath in open court, before the county court or such substituted court, in which case an order shall be entered in such court with the other orders of the court.

6. The oaths required by this act shall be taken within the tim prescribed by law for officers to give official bonds, whether the person who makes the same is required by law to give bond or not. Persons elected to office on the twenty-second day of August, eighteen hundred and seventy-two, and who have not since the twentieth day of December, eighteen hundred and seventy-two, taken the oath of office shall do so before entering upon or discharging the duties of their office.

7. The clerk of the county court of each county or clerk of the substituted court therefor, shall within thirty days after the qualfication of county officers, chosen at the general elections, transmit to the secretary of state a certified list of all such officers with the names and office of each.

8. The ninth chapter of the code is hereby repealed. 9. This act shall be in force from its passage.

CHAPTER X.

(Acts 1881, p. 15.)

OFFICIAL BONDS, BONDS TAKEN IN JUDICIAL PROCEEDINGS, HOW PAYABLE, SURETIES, PROOF OF EXECUTION OF BOND.

1. Every bond required by law to be taken or approved by, or

given before, any court, board or officer, shall unless otherwise provided, be made payable to the State of West Virginia, with one or more sureties deemed sufficient by such court, board or officer, and be proved or acknowledged before such court, board or officer.

SUITS THEREON.

2. Upon any such bond, whether heretofore or hereafter taken, and upon any bond payable to the Commonwealth of Virgina, heretofore taken within the territory now included in this State, suits may be prosecuted from time to time in the name of this State, if the bonds be so payable, and in the name of the State of West Virginia, successor to the Commonwealth of Virginia, if the bond be payable to said Commonwealth, for the benefit of the State, or of any county, district or corporation or person injured by a breach of the condition of any such bond, until damages are recovered in the aggregate equal to the penalty thereof.

3. The proceedings in such suit must show for whose benefit it is prosecuted; and the party for whose benefit it is prosecuted shall be liable for costs if the judgment be for the defendant; and the court may, in its discretion, require security for costs from such party, according to the principles and usages of law.

4. A copy of the bond, or the record thereof, certified by the officer in whose office it is required by law to be filed or recorded, shall be prima facie evidence of the execution and contents thereof; but the court in which any suit upon or relating to such bond is pending, may, in its discretion, require the production of the original bond, unless the same be lost or destroyed.

BONDS TAKEN IN JUDICIAL PROCEEDINGS, AND BONDS GIVEN BY COUNTY, DISTRICT AND MUNICIPAL OFFICERS-HOW PAYABLE.

5. Any bond to be given upon an injunction, appeal, writ of error, supersedeas, or other proceedings in a civil suit, may be made payable to the State, according to the first section of this chapter, or to the party entitled to the benefit thereof. And any bond to be given by an officer of a municipal corporation, county, or district, or which may lawfully be prescribed by the ordinances, by-laws or regulations thereof, may be made payable to the State as aforesaid, or to the said municipal corporation, county or district.

OFFICIAL BONDS; CONDITION,

6. When a person undertaking any office is required by law to give an official bond, the condition, unless otherwise provided, shall be for a faithful discharge by him of the duties of his office, and for accounting for and paying over, as required by law, all money which may come to his hands by virtue of the said office. And the liability of the said officer and his securities under said bond shall extend as well to all moneys received by him by virtue of his office under the laws in force at the time of the execution thereof, as to all moneys