Hedge fences; how trimmed and kept. (Senate Bill No. 74.) CHAPTER 6. AN ACT in relation to division hedge fences. [Passed February 21, 1901. In effect 90 days from passage. Approved Be it enacted by the Legislature of West Virginia: 1. That all hedge fences along public roads or division hedge fences between farms, or on any land or premises, shall be kept trimmed so that their branches shall not extend into the public road or upon the lands of an adjoining owner, more than eighteen inches over the dividing line. For failure to keep the hedge fence so trimmed, after ten days' notice in writing by the county surveyor of public roads, or by parties owning land or premises adjoining said hedge fence, on conviction before a justice of the peace, the owner shall be guilty of a misdemeanor and fined not exceeding one dollar for each day said fence shall remain untrimmed, after the ten days' notice expires. 2. All laws in conflict with this act are hereby reflict repealed. pealed. Laws in con (Senate Bill No. 12.) CHAPTER 7. AN ACT for the further protection of fish in private waters, and for the protection of the rights of persons owning lands on which are springs, brooks or runs. Unlawful to catch or dewhat waters. stroy fish; in -draining pond, etc. [Passed February 21, 1991. In effect 90 days from passage. Approved February 22, 1901] Be it enacted by the Legislature of West Virginia: 1. That it shall be unlawful to catch or destroy, or attempt to catch or destroy, any fish in or from any spring, brook, or run, the property of any individual, or to drain, or attempt to drain, any dam, pool, or pond, in any such spring, brook or run, except with to erection of protection. the consent of the owner of such spring, brook or run: provided, that the owner, or person in control, proviso as of such spring, brook, or run, or any part thereof, over signs, if perwhich he desires the protection of this act, shall have son desires signs at least one foot square erected at such spring, or along such brook, or run, on which signs shall be the words, "No fishing or trespassing allowed here," and the name of the persons owning, or in control of, the property; which signs shall not be less than three in number, placed as nearly as may conveniently be about equi-distant from each other, and in case of a brook or run, one at or near the point where the same enters, and another at or near the point where it leaves, the land of the person desiring to avail himself of the protection of this act. violations. second of 2. Any person violating the first section of this act Penalty for shall be guilty of a misdemeanor, and shall for each offence be fined not less than ten dollars, nor more than fifty dollars, and may, at the discretion of the justice or court trying the case, be confined in jail, not exceeding two months; and where any person is penalty for convicted the second time for violating the first sec- fence. tion of this act, the court or justice before whom such second conviction is had, shall require him to enter into recognizance with good security, in a penalty of not less than one hundred dollars, for his good behavior for one year; or if he fail to give such security, commit him to jail for one month, unless it be sooner given. Such recognizance shall be forfeited-forfeiture of if such person again violate the first section of this when. act within the year. recognizance; lation of this 3. If any person be found in, on or along, any such when deemed spring, brook, or run, where it is the property of, or guilty of viounder the control of, the person who has erected or act. has had erected signs as hereinbefore provided for, with any fish, or any line, rod, net, bait, or other im plement used in fishing, this shall be deemed prima facie evidence that he has violated the first section of this act. Street car employes; pro clemencies of -between (House Bill No. 88.) CHAPTER 8. AN ACT making provisions for the protection of street car employes from the inclemencies of the weather. [Passed February 11, 1901. In effect 90 days from passage. proved February 18, 1901.] Be it enacted by the Legislature of West Virginia: AP 1. From and after the first of January in the tection of year of our Lord 1902, it shall be unlawful for any from the in-person, partnership, or corporation, owning or operthe weather. ating a street railway in this State, or for any officer or agent thereof having charge or control of the management of such line of railway, or the cars thereof, operating electric, cable or other cars propelled either by steam, cable or electricity, which require the constant services, care or attention of any person or persons upon the platforms of any such car, to require or permit such services, attention or care, of any of its employes, or any other person or persons, between the first day of November and the first day of April thereafter of each year, unless such person, partnership or corporation, its officers or superintending or managing agents, have first provided the platforms of said car or cars with a proper and sufficient enclosure constructed of wood, iron and glass, or similar suitable material, sufficient to protect such employes from exposure to the winds and inclemencies of the weather: provided, that such enclosure shall be constructed so as not to obstruct the vision of the person operating such car, or to endanger or interfere with its safe management by the operator. what dates. -enclosure of platform. -proviso as to construction of enclos ure. 2. From and after January first in the year of our Lord 1902, it shall be unlawful for any person, partnership or corporation, so owning or operating street railways using steam, electric or cable cars, or any managing officer or agent thereof, to cause or permit to be used upon such line of railway, between said November first and April first of each and every year thereafter, any car or cars upon which the services of any employe, such as specified in section one of this act, is required, unless said car or cars shall be provided with the enclosure required by section one of this act. -default of payment of then. 3. Any person, partnership or corporation, own- Violations: ing, operating, superintending or managing any such how punished line of street railway, or managing or superintending officer or agent thereof, who shall be found guilty of a violation of the provisions of section one or two of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars; and in default of payment of the same, imprisonment in the county jail in which such conviction is had until such fine shall be paid. Each fine; what day that any said person or persons, partnership or -what corporation, cause or permit any of their said em- deemed a sepployes to operate such car or cars in violation of the arate offence. provisions of sections one and two of this act, or cause or permit a car or cars to be used or operated in violation of said section two of this act, shall be deemed a separate offence: provided, that the provis- proviso as ions of this act shall not apply to cars used and known cars. as trailing cars. 4. It is hereby made the duty of the prosecuting Prosecuting attorney of any county in which any such street railway is situated and operated, upon information given him by any credible person, or upon knowledge that he may possess, that any person, partnership or corporation, has violated any of the provisions of this act, to promptly prosecute such person, members of such partnership or corporation, for such violation. to certain attorney; toprosecute vio lations. (House Bill No. 255.) CHAPTER 9. AN ACT for districting the State of West Virginia for representation in the Congress of the United States. [Passed February 11, 1901 In effect 90 days from passage. Approved February 18, 1901] Be it enacted by the Legislature of West Virginia: ed for repre sentation in 1. The number of members to which this State is State districtentitled in the House of Representatives of the Congress of the United States, shall be apportioned Congress. -first district -second district. -third district. -fourth district. -fifth district -each district to elect one member. among the several counties of this State, arranged into five districts, and numbered as follows, that is to say: First Congressional District.-The counties of Hancock, Brooke, Ohio, Marshall, Wetzel, Marion, Harrison and Lewis. Second Congressional District.-The counties of Monongalia, Preston, Taylor, Barbour, Tucker, Randolph, Pendleton, Grant, Hardy, Mineral, Hampshire, Morgan, Berkeley and Jefferson. Third Congressional District. The counties of Kanawha, Fayette, Summers, Monroe, Greenbrier, Nicholas, Clay, Webster, Pocahontas and Upshur. Fourth Congressional District.-The counties of Tyler, Pleasants, Wood, Jackson, Roane, Braxton, Gilmer, Calhoun, Wirt, Ritchie and Doddridge. Fifth Congressional District. The counties of Mason, Putnam, Cabell, Lincoln, Wayne, Boone, Logan, Mingo, Raleigh, Wyoming, McDowell and Mer cer. And that each of said Congressional Districts shall elect one member of the House of Representatives of the Congress of the United States. Senatorial districts; rearrangement of. (House Bill No. 235 ) CHAPTER 10. AN ACT to apportion the representation in the Senate and House of Delegates of the State of West Virginia. [Passed February 6, 1901. In effect 90 days from passage. Approved February 11, 1901.] Be it enacted by the Legislature of West Virginia: 1. That until the Senatorial Districts of the State of West Virginia shall be altered by the Legislature, in pursuance of the provisions of the Constitution, -number of the State shall consist of fifteen (15) Senatorial Districts, as follows: -first. -second. The counties of Hancock, Brooke and Ohio shall constitute the First Senatorial District. The counties of Marshall, Wetzel and Tyler shall constitute the Second Senatorial District. |