-auditor to

collect, when

time.

Thereafter, on or before the first day of May next and for what following the date of the certificate of incorporation, and on or before every succeeding first day of May, the auditor shall collect such tax for a full year as -exception. herein provided; except that if the certificate of incorporation be issued on or after the first day of March and before the first day of the ensuing May, the secretary of state shall assess and colect the tax for the full year beginning on said first day of May, in addition to the initial tax.

Code amended.

What corpor

to auditor, and when.

36. That section eighty-eight of chapter thirty-two of the code be and the same is hereby amended and re-enacted so as to read as follows:

88. Every corporation incorporated under the laws ations must of any other State or country and which has complied make reports with section thirty of chapter fifty four of the code. or which shall hereafter comply with the same, and desiring to avail itself of the privilege herein forth, shall make report to the auditor on or before the first day of May, and annually thereafter on or befor the first day of March, in which report shall be set

-what such reports shall set out.

-duty of auditor and board of publie works as to such reports.

out:

set

I. The name of such corporation, the name of the state or country by which incorporated, the date of incorporation, the place of its principal office, the names and post office addresses of its president, secretary, and of its officer (if any) charged with the duty of making returns of its property for taxation;

II. The number of shares of its authorized capital stock, and the par value of each share;

III. The amount of the property owned and used by such corporation in the State of West Virginia, where situate, and of what it consists, and the value of its property owned and used outside of this State; and,

IV. The proportion of its capital stock, which is represented by property owned and used in the State of West Virginia; which report shall be verified by the affidavit of the president, secretary or other executive officer of such corporation. It shall be the duty of the auditor to lay such report before the board of public works, and the duty of the board to assess and fix its license tax according to the propor tion of its capital stock which is represented by its property owned and used in this State, according to the rates prescribed in section eighty-six of this chap

such corpora

to rate,

ter. No such corporation shall be entitled to the rate when only of license tax herein prescribed unless the assessed tions entitlep value of its property located in this State amounts to prescribed. five thousand dollars: provided, that no such corpora- —proviso. tion shall pay an annual license tax of less than one hundred dollars.

The board of public works may, in any case, or in all cases, require such additional information as it may deem necessary to enable it to assess and fix the just amount of license tax of such corporation.

board of public works may require other infor

mation, for what.

to -duties of

secretary of

tions, when

ure.

It shall be the duty of the secretary of state certify to the auditor the amount of license tax state and so assessed and fixed by the board on any such cor- auditor. poration; and the duty of the auditor to notify every such corporation of such amount; and it shall be the corporaduty of the corporation to pay the same into the to pay; pentreasury of the State within thirty days thereafter; alty for falland if it fail to do so it shall be liable to the penalties prescribed in section ninety of this chapter: pro- proviso rided, that nothing in this section or section eighty- restrictio six or eighty-seven of this chapter, shall be construed certain seeas applying to foreign insurance, telegraph, telephone, or express companies, or any other company incorporated, or doing business under and by virtue of the laws of this State upon which an annual license tax is specially provided.

application of

tions.

amended.

37. That section eighty-nine of chapter thirty-two Code of the code be and the same is hereby amended and re-enacted so as to read as follows:

porations,

what.

89. It shall be the duty of the auditor on or before Auditor to the first day of March in each year to notify every cor- notify corporation, liable to tax hereunder, of the time of pay when and of ment of such tax and the amount thereof. Such notices may be sent through the mails, addressed to the -how notices corporation at its last known postoffice address, as shown by the records in the office of the secretary of state, or be SO sent or be delivered to the attorney of the corporation appointed pursuant to section twenty-four of chapter fifty-four

sent.

makes mis

what then.

of the code. If the auditor shall make a mistake in --if auditor the amount of such tax, the said corporation may, at take in the time of paying such tax, file a sworn certificate of amount. the president, vice president or secretary of the corporation, showing such mistake, or showing the actual amount of tax due, and in that event, it shall be the duty of the auditor to accept the amount due as

-tax due. deemed a debt; how collected.

Code amended.

Auditor to publish list of

license tax; when and

how.

-how corpor-
ations may
be relieved

from forfeit

publication.

-costs of publication, Łow paid.

shown by said certificate, unless contrary to the provisions of this chapter. The amount of such tax due the state, until paid, shall be deemed a debt or tax due to the State, which may be recovered against any such corporation in any court having jurisdiction of the suit.

38. That section ninety of chapter thirty-two of the code be and the same is hereby amended and reenacted so as to read as follows:

90. It shall be the duty of the auditor within sixty corporations days after the first day of May of every year to pubfailing to pay lish, in some newspaper of general circulation published at the capital of the State, a list of all such corporations that have failed to pay the license tax under the provision of this chapter, which was due on the first day of May preceding; and any such corporation may, within sixty days after such publication, or before the first day of September of that year, pay to ure, after such the auditor the tax payable on the first day of May preceding and five dollars in addition, and an additional one per cent. for each month such failure continues after the first day of September, and thereby be relieved from the forfeiture of its charter by reason of such failure. And the proper costs of such publication shall be paid by the auditor, on the approval of the board of public works, to the parties entitled thereto, out of any moneys in the treasury not other-appropria- Wise appropriated; and such sums as may be necessary from time to time to pay such costs of publications, are hereby appropriated. And any such corpor ation which shall fail, after such publication as is mentioned in this section, and within the time herein mentioned, to pay the license tax and the penalty due thereon, shall forfeit its charter and shall not be enwhen; effect. titled to do business under the authority granted by and under its certificate of incorporation. The auditor shall furnish to the governor and to the secretary of state within thirty days after the first day of September of each year, a list of all corporations which have forfeited their charters as aforesaid, and the said list shall be preserved by the secretary of state in his office; and a certificate from the secretary of state that the name of 'any corporation appears upon any such list shall be deemed prima facie evidence of the state's certifi- fact that said corporation has failed to pay its license tax, in absence of proof to the contrary. The goverclamation nor shall publish a proclamation containing a list of

tions to pay such costs.

-forfeiture of charter,

-auditor to furnish governor and secretary of state list of corporations forfeiting their charters, ⚫ when.

-such list. where filed. -effect of secretary of

cate.

--governor's

forfeiture;

general to in

declare char

state, first

such corporations forfeiting their charters under this proclaiming section, proclaiming such forfeiture, and thereafter effect. the charter of such corporation shall be absolutely void and of no effect. And after the publication of said proclamation by the governor, it shall be the duty of the attorney general to institute a suit or pro-attorney ceeding, in the name of the State of West Virginia, stitute suit, against such corporation; and in any suit or proceed when. ing the failure of such corporation to pay any license-failure to tax or penalty due the State shall be deemed a misuse pay tax or penalty due, of its corporate privilege and franchises, and it shall what deemed. be deemed as acting without authority of law after such failure to pay such tax or penalty; and upon court to proof thereof the court shall declare said charter for- ter forfeited, feited, and the attorney general may institute a suit when. in equity for the purpose of having a receiver appoint--suit in equity for ed for such corporation so failing to pay such tax and receiver. penalty, and to have the assets of such corporation marshaled and distributed among the creditors of the corporation; and in such case the license tax and pen--tax and penalty due alty due to the State shall be a first lien upon all the property and assets of such corporation. But if after any such suit or proceeding shall be instituted, the said corporation shall appear therein, and pay the amount of the tax and penalty then due and the costs of such suit or proceeding, the same shall be dis--dismissal of missed, and the corporation relieved from the effects when; effect of such forfeiture for failure to pay such tax and penalty. In all such cases the attorney generai shall be fee allowed entitled to a fee of not less than twenty-five dollars, general. which shall be taxed as a part of the costs of the suit or proceeding, which in no event shall be paid by the State. It shall be the duty of the clerk of every court clerk of of this State in which any proceedings are had and tify secretary which results in the forfeiture of the charter of any what. corporation issued under the laws of this State, or result in the dissolution or extinction of any such cor- —what the poration, to notify the secretary of state of such for report of the feiture, dissolution or extinction; in which report he shall state the name of the corporation, the nature of the proceedings and the date of the order, decree or judgment and such other pertinent matter as may be required by the secretary of state; and the secretary-duty of of state shall file and preserve such report in his of secretary of fice, and aptly note the same in the indexes of corpor- such report. ations kept in his office. If any clerk fail to make such report, he shall be liable to a fine of not exceeding -penalty on twenty-five dollars.

suit, etc..

attorney

court to no

of state, of

clerk to state.

state as to

such clerk for failure.

Code

amended.

exempt from

tax.

39. That section ninety-one of chapter thirty-two of the code be and the same is hereby amended and re-enacted so as to read as follows:

Corporations 91. Nothing in this chapter shall be construed as paying license imposing a license tax on corporations chartered strictly for educational, literary, agricultural, scientific, religious or charitable purposes, or upon charters incorporating cemeteries, or masonic lodges, odd fellows, or other charitable, fraternal or patriotic societies, not incorporated for profit to the stockholders; but the secretary of state shall require reasonable proof as to the character of any such corporation claiming such exemption from the payment of license tax.

-proof required.

Code amended.

Report of secretary of state to auditor, when and

what to set out.

40. That section ninety-two of chapter thirty-two of the code be and the same is hereby amended and re-enacted so as to read as follows:

92. The secretary shall within twenty days after the close of each month, make a report to the auditor for the preceding month, in which he shall set out the name of every corporation to which he issued a certificate of incorporation during the month, as well as the name of each corporation to which he issued a certificate under section thirty of chapter fifty-four of the code, with the amount of license tax paid to him by each; also he shall set out in such report the names of all corporations to which he issued, during such preceding month, certificates of increase or decrease of stock, or of shares of stock, or of par value of shares of stock; certificates of change of name or of change of location of principal office; and a statement of all moneys received by him during such preceding month from the proceeds of the sale of books, and from tax on state seal and from any other source whatever and due to the State, and pay the -failure to be game into the treasury; if he fail to do so, it shall be reported to the duty of the auditor to report such failure to the governor. governor.

Acts repealed.

41. That all acts and parts of acts inconsistent with this act are hereby repealed.

(House Bill No. 12,)

CHAPTER 36.

AN ACT to amend and re-enact section forty-nine of