Foreign insurance companies; etc., of pol by, on persons and property, (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 violation 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 association not incorporated under the laws of this writing. State authorized to transact business herein, shall icies, etc., make, write, place, or cause to be made, written or 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 been approved in writing by an agent who is a resibe approved dent of this State, regularly commissioned and licensagent; how. ed to transact insurance business herein, who regulated. by resident ceive commission on premium paid; for what. -what pro ing done by other sons. per shall countersign all policies so issued, and receive the -who to re- commission thereon when the premium is paid, to the end that the State may receive the taxes required by 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, applihibited be- 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 association not of this State, or which has not been authorized to do business in this State. 2. Every fire or other insurance company accepting which shall, in any manner whatsoever, accept the a risk on property located in transfer, in any manner what Companies risks, pro hibited from whole or any part of transfer foreign com authorized ing same to this State, and shall panies not soever, to any company not authorized to transact 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 section seven of this act. ness. -Iiable to what pen alty. authorized re-in in unau 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 prohibited time, on and after the passage of this act, accept any suring risks risk or issue any policy of fire or other insurance on thorized any risk in this State and re-insure the same or any companies. part thereof in any company or companies not authorized to do business in this State, shall be deemed guilty -of what of a misdemeanor, and shall, on conviction thereof, be punished. liable to the penalty and punishment provided by section seven of this act. guilty; how ге quired to in upon what 4. The Auditor of this State is required by this Auditor act, at any and all times whenever complaint is made vestigate: to him in writing and certified to by the oath of the complaint. 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 ac counts, etc. refusal or produce ac 5. Any manager, officer officer or agent, of any fire Penalty for or other insurance company, who shall refuse or fail to failure to produce to said auditor of State, or his representatives, books, such books and accounts as he may demand or to make counts, 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. make or oath. What insur ply. 6. No part of sections one and two of this law shall ance law apply to direct insurance concerning the rolling stock not to apof railroad companies and property while in transit, and in the custody of the railroad corporations, nor to the -to what property of such corporations while used or employed railroad comby them in their business as common carriers; nor shall pany not to this act apply to any extent to any railroad company doing business in this State. apply. violating 7. Any fire or other insurance company or cor- Penalty for poration, fire insurance agency, or any person or sections 1, agent thereof, who shall be found guilty of any vio-2 and 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 to do busi ness; what. of authority hall neglect and refuse for thirty days after judgwhen ment, in any such action, to pay and discharge the and for amount of such judgment shall have its authority to transact business in this State revoked by the audi-continu- tor, and such revocation shall continue for at least vocation. one year from the date thereof; nor shall any insurance company or association whose ance of 10 -required conditions for resumption -of authority to transact business in this State shall have been so revoked again be authorized or permitted to transact business. business herein until it shall have paid the amount of any such judgment, and shall have filed in the office 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 accepted 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. (House Bill No. 14.) CHAPTER 17. [Passed February 7, 1901. In effect 90 days from passage. Approved February 15, 1901.] AN ACT to authorize an action of trespass on the case in assumpsit to be brought for the breach of any contract. Breach of contract; what action may be brought. 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. 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: to fiduciaries. required to curity. -included lawful 1. That any receiver, assignee, guardian, commit- Allowance tee, trustee, executor, administrator, special com- and others missioner, or other fiduciary, required by law, or the furnish Reorder 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 as part of a company authorized under the laws of this State the expense. so to do, for becoming his surety on such bond or obligation, as may be allowed by the court in which, or the commissioner before whom, he is required to account, or a judge of such court, not exceeding, how- -per cent. ever, one-third per centum per annum on the amount of such alof such bond or obligation; and in all actions, suits or lowance proceedings the party entitled to recover costs may -included include therein and recover such reasonable sum as in costs remay have been paid such company by such party for covered. executing or guaranteeing any bond, undertaking or obligation therein. limited. (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 ing and other es ments; ma guarded to tablishments, in this State, where the machinery, belttablish- ing, shafting, gearing, drums and elevators, are so archinery, etc., ranged and placed as to be dangerous to persons emto be safely ployed therein, while engaged in their ordinary duties, prevent ac- shall be safely and securely guarded when possible, and to employ- if not possible, the notices of the danger shall be connotices. spicuously posted in such establishments, and no minor -provisions or female of any age shall be permitted to clean any of as to minors, the mill gearing or machinery in such establishments while the same is in motion. cident, etc., es; and females. hatchways, etc., how protected. Openings of 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, doors to be self-closing hatches, or strong guard rails at least three feet high. All due vigilance shall be used to keep such trap doors closed at all times, except when in actual -trap kept closel: when. ployes; what be provided cer for in tain establishments. use. Female em- 3. In every factory, work shop or establishment, in places must this State, where females are employed, where unclean 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 sepwhere both arate water closets shall be provided for the use of employes of either sex, in all manufacturing, mechanical, mercantile and other establishments in this State where persons of both sexes are employed. -provision sexes employed. male em ployes. Seats for fe- 4. In every manufacturing, mechanical, mercantile and other establishments, in this State, wherein females are employed, there shall be provided, and conveniently 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 pro Sanitary condition, etc., of es tablishments to which act applies. Penalty for violations. vided. 5. And all establishments, to which this act applies, must be kept in 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. 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 mis demeanor, and upon conviction, in any court of com |