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(House Bill No. 48.)

CHAPTER 18.

AN ACT providing for the allowance to fiduciaries. and others, required by law to furnish security on bonds, of reasonable premiums paid for such suretyship to legally authorized surety companies.

[Passed February, 12, 1901. In effect 90 days from passage. Approved February 12, 1901.

Be it enacted by the Legislature of West Virginia:

fiduciaries

nish security.

part of the

pense.

1. That any receiver, assignee, guardian, commit- Allowance to tee, trustee, executor, administrator, special com- and others remissioner, or other fiduciary, required by law, or the quired to furorder of any court or judge, to give a bond or obligation as such, may include, as a part of the lawful expense of executing his trust, such reasonable sum paid included as a company authorized under the laws of this State lawful exso to do, for becoming his surety on such bond or obligation, as may be allowed by the court in which, or the commisioner before whom, he is required to account, or a judge of such court, not exceeding, however, one-third per centum per annum on the amount of such bond or obligation; and in all actions, suits or proceedings the party entitled to recover costs may include therein and recover such reasonable sum as included in may have been paid such company by such party for ered. executing or guaranteeing any bond, undertaking or obligation therein.

per cent. of

such allow

ance limited

costs recov

(House Bill No. 56.)

CHAPTER 19.

AN ACT making provisions for the prevention of accidents and for the preservation of life and health of employes in the manufacturing, mechanical, mercantile and other establishments, where persons, male and female, are employed.

[Passed February 14, 1901. In effect 90 days from passage. Approved February 16, 1901.]

Be it enacted by the Legislature of West Virginia:

1. In all manufacturing, mechanical and other es- Manufactur

establish

ments; ma

chinery, etc.,

to be safely guarded to

dent, etc., to

ing and other tablishments, in this State, where the machinery, belting, shafting, gearing, drums and elevators, are so arranged and placed as to be dangerous to persons employed therein, while engaged in their ordinary duties, prevent acci- shall be safely and securely guarded when possible, and employes; no- if not possible, the notices of the danger shall be conspicuously posted in such establishments, and no to minors and minor or female of any age shall be permitted to clean any of the mill gearing or machinery in such establishments while the same is in motion.

tices.

-provision as

females.

Openings of hatchways,

etc., how protected.

2. The opening of all hatchways, elevators and well holes, upon each floor of every manufacturing, mechanical, mercantile or public building in this State, shall be protected by good and sufficient trap doors, self-closing hatches, or strong guard rails at least three feet high. All due vigilance shall be used to closed; when. keep such trap doors closed at all times, except when in actual use.

trap doors

to be kept

Female employes; what places must be provided

establish

ments,

3. In every factory, work shop or establishment, in this State, where females are employed, where unfor in certain clean work of any kind has to be performed, suitable places shall be provided for such females to wash and to change clothing, and stairs in use by females shall, in all such establishments, be properly screened, and separate water closets shall be provided for the use sexes are em- of employes of either sex, in all manufacturing, mechanical, mercantile and other establishments in this State where persons of both sexes are employed.

-provision

where both

ployed.

Seats for female employes.

Sanitary con

establish

ments to

4. In every manufacturing, mechanical, mercantile and other establishments, in this State, wherein females are employed, there shall be provided, and conviently located, seats sufficient to comfortably seat such females; and during such times as such females are not necessarily required by their duties to be upon their feet, they shall be allowed to occupy the seats provided.

5. And all establishments, to which this act applies, dition, etc., of must be kept in a clean condition; the sanitary and hygienic regulations shall be such as will not endanger or be injurious to the lives or health of the employes employed therein.

which act ap

plies.

Penalty for violations.

6. Any person or persons, firm or corporation of any manufacturing, mechanical, mercantile or other establishment, business or calling, in this State, to which this act applies, who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction, in any court of com

petent jurisdiction in this State, shall be fined not less then twenty dollars nor more than one hundred dollars, and in default of payment of such fine shall be imprisoned until such fine and costs are fully paid.

of labor; his

7. It shall be the duty of the commissioner of labor Commissioner or his assistant to enforce the provisions of this act, duties and to prosecute all violations of the same before any magistrate or court of competent jurisdiction in

this State.

ed; where

8. All fines collected for violation of this act shall Fines collectbe paid into the common school fund of the county paid. in which the offence was committed.

transmit

9. The provisions of this act shall become effective Commissioner within ninety days after the date of its passage, and of labor to as soon as possible thereafter the commissioner of copy of act to labor shall cause a printed copy thereof to be trans- when. mitted to all employers of labor in this State.

employers;

(House Bill No. 148.)

CHAPTER 20.

AN ACT providing for the weighing of certain products and fixing and prescribing the duties of check-weighman or weighmaster.

[Passed February 22, 1901. In effect 90 days from passage. Approved February 23, 1901.]

Be it enacted by the Legislature of West Virginia:

certain pro

1. Where the amount of wages paid to any of the Weighing of persons employed in any manufacturing, mining, or ducts. otherwise public enterprise employing labor, depend provided for. upon the amount produced by weight or measure, the persons so employed may, at their own cost, station or appoint at each place appointed for the weighing or measuring of the products of their labor a checkweighman or measurer, who shall in all cases be ap-weighmaspointed by a majority ballot of the workmen em- pointed. ployed at the works where he is appointed to act as such check-weighman or measurer.

ter, how ap

rators, etc.

2. Every corporation, company, or person engaged Duties of ope in the business of mining coal in this State, where such check-weighman is employed by the miners working at such mines, shall furnish such check

-checkweigh

man must take oath.

Law applicable; in what cases.

Where

lected by ope

weighman with a check or number and pay the said check-weighman for all coal placed to his check or number same per ton as is paid to the miners. Each of the persons so employed to see the weighing of said coal before entering upon the discharge of the duties of his employment shall take and subscribe an oath before a justice of the peace or a notary public, that he will honestly and impartially do and perform the duties of his employment and do equal and exact justice between employers and employes to the best of his judgment, skill and ability.

3. This act shall apply to all weights, balances, steelyards, and weighing machines and measures used in any factory, mine, mill or otherwise industrial concerns, for determining the wages payable to any person employed according to the mineral or otherwise products produced by them through their labors.

4. Where the weighman is mutually selected by weighman se- the consent of a majority of the miners working in rator and em- any mine and the operator or agent of said company, ploye; what not necessary. it shall not be considered necessary to employ said

-disagreement; the remedy.

-penalty.

-duty of courts.

check-weighman, but at any time that either of the parties to said agreement should become dissatisfied with said weighman they may dismiss him on ten days' notice or the miners may employ a checkweighman. Any corporation, company, or person violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined for each and every offence not less than ten nor more than two hundred dollars.

It shall be the duty of every court in each county, in which any such coal mine is operated and in which a grand jury is impaneled, to give this act in charge to the grand jury.

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AN ACT to prevent the introduction and spread of contagious diseases among domestic animals.

[Passed February 21, 1901. In effect 90 days from passage. Approved February 22, 1901.)

Be it enacted by the Legislature of West Virginia:

That chapter fifty-three of the acts of one thous

CH. 21] PREVENT THE SPREAD OF CONTAGIOUS DISEASES. 73

and eight hundred and ninety-nine, be amended and re-enacted, and additional section added thereto, so as to read as follows:

diseases

animals, who

spread of.

1. That when it shall be brought to the notice of Contagious the secretary of the board of agriculture that any among contagious or infectious diseases,not otherwise provid- domestic ed for by law, prevails among domestic animals, he to prevent shall take such measures to prevent its spread as may be deemed expedient, and for this purpose shall give written instructions or permits to one or more of his consulting veterinarians of the state board, giving him or them power to place infected animals, herds, buildings, lots and farms in quarantine, and to pre--power to vent the movement of animals or objects likely to etc. carry the contagion, except on proper permits, by one or more of the said consulting veterinarians.

quarantine,

2. All the work of the veterinarians shall be prompt- veterinarily and fully reported to the secretary on such blanks ans' report. and forms as he may supply, and with the consent and approval of the board, and such rules and regulations for the government of such quarantine, as may be reguladeemed necessary to effectively carry out the pro- quarantine. visions of this act, may be adopted and enforced.

tions, etc., for

violating

etc.,

tion, etc.

3. That any person, persons or corporation, who Penalty for shall fail to report to the said secretary any importa- quarantine. tion of any domestic animals for breeding purposes and for into this State, or who shall wilfully or intentionally port importainterfere with any officer or officers authorized to carry out the provisions of this act, or who shall wilfully or intentionally violate the provisions of the quarantine authorized in this act, shall be deemed guilty of a misdemeanor, and upon conviction, shall be liable to imprisonment of not exceeding three months, or a fine not exceeding one hundred dollars, or both, at the discretion of the court.

what herds to examine, and

4. That it shall be the duty of the said consulting Veterinarian, veterinarian, under the direction and control of the secretary, to visit once a year, at such time as the sec- when. retary may direct, and examine, and, if deemed necessary, test in a proper manner all thoroughbred herds of twenty or more within this State, which are kept for the purpose of producing animals for breeding purposes, and to be sold to the public as such. Should the veterinarian making the examination find such --what certifianimals free from any contagious, or infectious dis- issued; if not, ease, he shall issue to the owner or owners a certifi- what then.

cate to be

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