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(House Bill No. 49.)


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:

Foreign surance




writing, etc.,



persons and property,







1. That fire other insurance

company or companies; association not incorporated under the laws of this of pol

State authorized to transact business herein, shall icies, etc., make, write, place, or

to be made, written by, on placed any policy, duplicate policy, or

' contract of regulated.

insurance of any kind or character, or a general or floating policy, upon property situated located in

this State, or upon life, except after the said risk has 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 ceive

end that the State may receive the taxes required by mission premium law to be paid on the premiums collected for insurpaid; for what.

on all property located in this State; and that no person shall pay or forward any premiums, applibe- cations for insurance or in any

secure, help ing done by

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. Companies 2. Every fire

other insurance company which shall, in risks,

any manner whatsoever, accept the from whole or any part of a risk on property located in transfering same to this State, and shall transfer, in any manner whatpanies 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 liable to the penalty provided for under section seven of alty.

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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

guilty; how of a misdemeanor, and shall, on conviction thereof, be punished. liable to the penalty and punishment provided by section seren of this act. 1. The Auditor of this State is required by this Auditor

quired to inact, 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

into and ascertain the merits of such complaint, and for this purpose, he (the said auditor) is empowered to

examine by himself-power to 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. 5. Any manager, officer

agent, of

any fire Penalty for

refusal or or other insurance company, who shall refuse or fail to failure

produce produce to said auditor of State, or his representatives, books, such books and accounts as he may demand or to make counts, the affidarit as provided for in section four, shall be deemed guilty of misdemeanor, and punished as provided for in section seven of this act.

6. No part of sections one and two of this law shall apply to direct insurance concerning the rolling stock nnt ic ap

ply. 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 railroad comby them in their business as common carriers; nor shallpany, not to

apply. this act apply to any extent to any railroad company doing business in this State. a. Any fire or other insurance company or

cor- Penalty for

violating poration, fire


agency, or any person 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

association which Revocation







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ness; and for what.

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for resumption

of authority shall neglect and refuse for thirty days after judgwhen 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 auditor, and such revocation shall continue for at least one year from the date thereof; nor shall any insurance company

association whose authority -required

to conditions transact business in this State shall have been

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 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.

9. All acts and parts of acts, whether general or pealed.

special, inconsistent with the provisions of this act, are hereby repealed.


Acts re

(House Bill No. 14.)


[Passed February 7, 1901. In effect 90 days from passage.

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.

Be it enacted by the Legislature of West Virginia:

Breach of contract ; what action may be brought.

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.)


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.)

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to fiduciaries.



the furnish

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as part of

lawful expense.


Be it enacted by the Legislature of West Virginia:

1. That any receiver, assignee, guardian, commit- Allowance tee, trustee, executor, administrator, special

required missioner, or other fi:luciary, required by law, or order of any court ar 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

company authorized under the laws of this State the so to do, for becoming his surety

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, however, one-third per centum per annum on the amount of such alof such bond or obligation; and in all actions, suits or proceedings the party entitled to

costs may include therein and recover such reasonable may have been paid such company by such party for covered. executing or guaranteeing any bond, undertaking or obligation therein.


lowance limited.


-included as in costs re


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AN ACT making provisions for the prevention of ac

cidents 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 establishments; ma





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tablishments, in this State, where the machinery, belt

ing, shafting, gearing, drums and elevators, are so archinery, etc.

, ranged and placed as to be dangerous to persons emtuabee safely ploved 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 cones; notices. spicuously posted in such establishments, and no minor -provisions 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. 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, 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

as to minors and females.

hatchwa ye, etc., how protected.



kept closel: when





where sexes

Seats for female



3. In every factory, work shop or establishment, in ployes; what piaces' inust this State, where females are employed, where unber provided. clean work of any kind has to be performed, suitable tain estab- places shall be provided for such females to wash and

to change clothing, and stairs in use by females shall, -provision

in all such establishments, be properly screened, and sep

arate water closets shall be provided for the use of ememployed. ploves of either sex, in all manufacturing, mechanical,

mercantile and other establishments in this State where persons of both sexes are employed.

1. In every manufacturing, mechanical, mercantile ployes.

and other establishments, in this State, wherein females are employed, there shall be provided, and conveniently locatel, 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

vided. Sanitary

5. And all establishments, to which this act applies, condition,

must be kept in clean condition; the sanitary and hygienic regulations shall be such will not en

danger or be injurious to the lives or health of the applies.

emploves emploved therein. Penalty for 6. Any person or persons, firm or corporation of

any manufacturing, mechanical, mercantile 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.

etc., of establishments to which act




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