indecent or il tion, etc. --for obscene, take, receive or employ such child for any obscene, legal exhibi- indecent or illegal exhibition or vocation, or any vocation injurious to the health, or dangerous to the life or limb, of such child engaged therein, or for the purpose of prostitution, and any person who shall retain, harbor, or employ any minor child in or about any assignation house or brothel, or any place where any obscene, indecent or illegal, exhibition takes place, shall be guilty of a midemeanor, and shall be fined not less than five dollars, nor more than one hundred dollars, for each offence. -penalty. 3. Any person having the care, custody, or control, lawful or unlawful, of any minor child under the age of eighteen years, who shall use such minor, or apprentice, give away, let cut, hire or otherwise dispose of, such minor child to any person, for the purpose of singing, playing on musical instruments, begging or for any mendicant business whatsoever in the streets, roads, or other highways of this State, and whosoever shall take, receive, hire, employ,use or have in custody, any minor for the vocation, occupation, calling, service or purpose of singing, playing upon musical instruments or begging upon the streets, roads or other highways of this State, or for any mendicant business whatever, shall be guilty of a misdemeanor and shall be fined not less than five dollars nor more than one hundred dollars. 4. Any person having the care, custody, or control of any minor child under the age of fifteen years, who shall in any manner sell, apprentice, give away or permit such child to sing, dance, act, or in any manner exhibit it in any dance house, concert saloon, theater or place of entertainment where wines or spirituous or malt liquors are sold or given away, or with which any place for the sale of wines or spirituous or malt liquors is directly or indirectly connected by any passage way or entrance, and any proprietor of any dance house whatever, or any such concert saloon, theater, or place of entertainment, so employing any such child, shall be guilty of a misdemeanor, and shall be fined not less than five dollars nor more than one hundred dollars for each offence. 5. Any proprietor or any person in charge of a dance house, concert saloon theater, museum, or similar place of amusement, or other place, where wines or spirituous or malt liquors are sold or given away or any place of entertainment injurious to health or morals, who admits or permits to remain therein any minor under the age of eighteen years, unless accompanied by his or her parent or gurdian, shall be guilty of a misdemeanor, and on conviction thereof -penalty. shall be punished by a fine not exceeding two hundred dollars. (House Bill No. 25.) CHAPTER 15. AN ACT to create and establish a free public employment bureau. [Passed February 13, 1901. In effect 90 days from passage. Approved February 15, 1901.] Be it enacted by the Legislature of West Virginia: 1. missioner of The commissioner of labor is hereby author- Employment ized to organize and establish, in connection with the bureau; combureau of labor, a Free Public Employment Bureau, labor authorfor the purpose of receiving applications from persons seeking employment and applications from persons seeking to employ labor. ized to estab tion, etc. 2. No compensation or fee shall be charged or re- No compensaceived directly or indirectly from persons applying for work, information or help through said department. The commissioner of labor is hereby authorized to employ such assistance, and incur such ex--assistance pense as may be necessary to carry into effect the pur- limit. pose of this act. But such assistance and expense shall not exceed five hundred dollars per an num. 3. The expenses of the employment bureau shall be paid in the same manner and way as other expenses of the bureau of labor, and there is hereby appropriated five hundred dollars to the provisions of this act. and expense, Expenses, how paid. carry out appropria tion. regulated. approved by resident agent; how. (House Bill No. 49.) CHAPTER 16. AN ACT to regulate the writing of fire or other insurance policies on property situated or located in the State of West Virginia, or upon life, and to provide revenue from tax on the premiums thereon for the State, and to provide a penalty for the vio lation thereof. [Passed February 13, 1901. In effect 90 days from passage. Approved February 16, 1901.) Be it enacted by the Legislature of West Virginia: 1. That no fire or other insurance company or Foreign insurance com- association not incorporated under the laws of this panies; writing, etc., of State, authorized to transact business herein, shall policies, etc., by, on persons make, write, place, or cause to be made, written or and property, placed, any policy, duplicate policy, or contract of insurance of any kind or character, or a general or floating policy, upon property situated or located in this State, or upon life, except after the said risk has -risk must be been approved in writing by an agent who is a resi dent of this State, regularly commissioned and licens ed to transact insurance business herein, who shall countersign all policies so issued, and receive the commission thereon when the premium is paid, to the ceive commis- end that the State may receive the taxes required by ium paid; for law to be paid on the premiums collected for insurance on all property located in this State; and that no person shall pay or forward any premiums, applidone by other cations for insurance or in any manner secure, help or aid in the placing of any fire or other insurance, or effect any contract of insurance upon real or personal property or upon life, within this State, directly or indirectly, with any insurance company or associa tion not of this State, or which has not been authorized to do business in this State. -who to re sion on prem what. -what prohibited being persons. Companies accepting risks, prohibited from transfering same to for 2. Every fire or other insurance company which shall, in any manner whatsoever, accept the whole or any part of a risk on property located in this State, and shall transfer, in any manner whateign compan- soever, to any company not authorized to transact thorized to do business in this State, any risk or liability assumed by said first named company or any part thereof, shall be liable to the penalty provided for under secwhat penalty. tion seven of this act. ies not au business. -liable to authorized ing risks in 3. Any person acting, or assuming to act, as the Agents of agent of any fire or other insurance company, author- companies ized to do business in this State, who shall at any from re-insurprohibited time, on and after the passage of this act, accept any unauthorized risk or issue any policy of fire or other insurance on companies. any risk in this State and re-insure the same or any part thereof in any company or companies not authorized to do business in this State, shall be deemed of what guilty; how guilty of a misdemeanor, and shall, on conviction punished. thereof, be liable to the penalty and punishment provided for by section seven of this act. quired to in upon what complaint 4. The auditor of this State is required by this Auditor react, at any and all times whenever complaint is made vestigate: to him in writing and certified to by the oath of the complainant, that any violation of this law has taken place, to forthwith inquire into and ascertain the merits of such complaint, and for this purpose, he (the said auditor), is empowered to examine by himself power to or his accredited representatives into the home books, office books and accounts, as well as such other offices and agencies of the company complained against, as well as examine under oath, any officers, managers and agents of such company, as to any violation of this law. examine accounts, etc. refusal or fail accounts, or 5. Any manager, officer or agent, of any fire Penalty for or other insurance company, who shall refuse or fail ure to proto produce to said auditor of State, or his represent- duce books, atives, such books and accounts as he may demand make oath. or to make the affidavit as provided for in section four, shall be deemed guilty of misdemeanor, and punished as provided for in section seven of this act. ance, law not 6. No part of sections one and two of this law shall What insurapply to direct insurance concerning the rolling stock to apply. of railroad companies and property while in transit, and in the custody of the railroad corporations, nor to the property of such corporations while used or employed by them in their business as common car--to what riers; nor shall this act apply to any extent to railroad company doing business in this State. any or railroad company not to apply. tions 1, 2 and 7. Any fire or other insurance company or cor- Penalty for poration, fire insurance agency, or any person violating secagent thereof, who shall be found guilty of any vio- 4. lation of sections one, two and four of this act, shall pay a fine of not less than one hundred dollars or more than five hundred dollars, in the discretion of the court. 8. Any insurance company or association which Revocation of do business; what. authority to shall neglect and refuse for thirty days after judg when and for ment, in any such action, to pay and discharge the amount of such judgment shall have its authority to transact business in this State revoked by the audi -continuance tor, and such revocation shall continue for at least of revocation. one year from the date thereof; nor shall any insur-required ance company or association whose authority to conditions for transact business in this State shall have been so resumption of business. revoked again be authorized or permitted to transact business herein until it shall have paid the amount of any such judgment, and shall have filed in the of fice of the auditor a certificate, signed by its president or other chief officer, to the effect that the terms and obligations of the provisions of this act are ac cepted by it as a part of the conditions of its right and authority to transact business in this State. Acts repealed. 9. All acts and parts of acts, whether general or special, inconsistent with the provisions of this act, are hereby repealed. AN ACT to authorize an action of trespass on the case in assumpsit to be brought for the breach of any contract. Breach of con tract: what action may be brought. [Passed February 7, 1901. In effect 90 days from passage. Approved Be it enacted by the Legislature of West Virginia: 1. That an action of trespass on the case in assumpsit may be brought in all cases to recover damages for the breach of any contract sealed or unsealed, express or implied. |