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Foreign in

surance

writing.

etc.. of pol

by, on per

property,

regulated.

by resident

ceive com

mission on

(House Bill No. 49.)

CHAPTER 16.

AN ACT to regulate the writing of fire or other
insurance policies on
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:

any kind

1. That no fire or other insurance company or companies; association not incorporated under the laws of this State authorized to transact business herein, shall icies, etc., make, write, place, or cause to be made, written or sons and placed any policy, duplicate policy, or contract of insurance of 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 shall countersign all policies. 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 premium law to be paid on the premiums collected for insurance on all property located in this State; and that what pro- no person shall pay or forward any premiums, appli-hibited 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 ing same to this State, and shall transfer, in any manner whatpanies not soever, to any company not authorized

paid; for

what.

ing done by

other sons.

per

Companies

risks,

pro

hibited from whole

transfer

foreign com

authorized

to do business.

-liable

what penalty.

or any part of

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.

authorized

re-in

unau

companies.

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 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 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

quired to in

upon what

to

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 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 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

produce

to

5. Anv manager, officer or agent, of any fire Penalty for or other insurance company, who shall refuse or fail to failure produce to said auditor of State, or his representatives, books, acsuch 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

What

ply.

or

oath.

insur

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.

-continu

ance of 10

vocation.

-required ccpditions for resumption

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 auditor, and such revocation shall continue for at least one year from the date thereof; nor shall any insurance company or association whose authority to transact business in this State shall have been so revoked again be authorized or permitted to transact .of 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.

(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:

to fiduciaries.

required to

as part of

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 seorder of any court or judge, to give a bond or obliga-curity. tion as such, may include, as a part of the lawful ex- -included pense of executing his trust, such reasonable sum paid 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 limited. 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.

lowance

(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

1

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 ploved therein, while engaged in their ordinary duties, prevent ac shall be safely and securely guarded when possible, and if not possible, the notices of the danger shall be cones; notices. spicuously posted in such establishments, and no minor -provisions or female of any age shall be permitted to clean any of and females. the mill gearing or machinery in such establishments while the same is in motion.

cident, etc., to employ

as to minors

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

for in certain establishments.

use.

Female em- 3. In every factory, work shop or establishment, in places must this State, where females are employed, where unbe provided 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 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 feinales; 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.

Sanitary condition,

etc., of es

tablishments to

which act applies.

Penalty for violations.

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

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