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petent jurisdiction in this State, shall be fined not less than 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.
7. It shall be the duty of the commissioner of labor Commisor his assistant to enforce the provisions of this act, labor: his and to prosecute all violations of the same before any magistrate or court of competent jurisdiction in this State.
8. All fines collected for violation of this act shall Fines collectbe paid into the common school fund of the county in paid. which the offence was committed.
sioner of lab
mit copy of
9. The provisions of this act shall become effective Commiswithin ninety days after the date of its passage, and as or to transsoon as possible thereafter the commissioner of labor shall act to emcause a printed copy thereof to be transmitted to all employers of labor in this State.
(House Bill No. 148.)
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:
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 employed ter, how apat the works where he is appointed to act as such checkweighman or measurer.
2. Every corporation, company, or person engaged in the business of mining coal in this State, where such check-weighman is employed by is employed by the miners working at such mines, shall furnish such check
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 -checkweigh 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.
man must take oath.
Law applicable; in
Where weighman se
rator and em
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 lected by ope- the consent of a majority of the miners working in ploye; what any mine and the operator or agent of said company, it shall not be considered necessary to employ said 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.
ment; the remedy. -penalty.
-duty of courts.
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.
(Senate Bill No. 95.)
AN ACT to prevent the introduction and spread of con-tagious 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
and eight hundred and ninety-nine, be amended and re-enacted, and additional section added thereto, so as to read as follows:
1. That when it shall be brought to the notice of Contagious the secretary of the board of agriculture that any 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 prevent the movement of animals or objects likely to carry etc. the contagion, except on proper permits, by one or more of the said consulting veterinarians.
-power to quarantine,
2. All the work of the veterinarians shall be prompt- Veterinarily and fully reported to the secretary on such blanks 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 Regulations, deemed necessary to effectively carry out the provisions of antine. this act, may be adopted and enforced.
etc., for quar
etc., and for
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 failure to reinto 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 to imprisonment of not exceeding three months, or a fine not exceeding one hundred dollars, or both, at the discretion of the court.
4. That it shall be the duty of the said consulting Veterinarian, veterinarian, under the direction and control of the to examine, secretary, to visit once a year, at such time as the secretary 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 ceranimals free from any contagious, or infectious dis-issued if ease, he shall issue to the owner or owners a certifi- not, what
tificate to be
an; duties as
cate stating that fact. Should he find any contagious or infectious disease prevailing, he shall then proceed as authorized in section seven of this act. It -veterinari- shall further be the duty of said consulting veterito dairy narian, under the same direction and control, to visit annually, at such time as the secretary may direct, and inspect, and, if demed necessary, thoroughly test all dairy herds of ten or more cows within this State, the products of which are sold to the public. Should the animals prove to be free from any contagious or infectious disease, said veterinarian shall issue to the owner or owners of such herd, a certificate to that effect. Should any of the animals prove to be affected with tuberculosis or any other disease of a dangerous nature, it shall then be the duty of said veterinacompensa- rian to proceed as authorized in section seven of this whom paid. act. For such services as are not prescribed for in this act, said consulting veterinarian shall receive a per diem of four dollars per day, for actual time of service, which shall be paid by the owner or owners of animals that are examined. The actual traveling -traveling and other expenses incurred by said veterinarian whom paid, shall be paid by the state board of agriculture out of current appropriations for the purpose, on an order signed by the president and secretary of the said board. Full and complete reports of all services performed by the veterinarian shall be promptly made to the said secretary, on such blanks as he may supply and in such form as he may require.
tion of; by
5. That it shall be the duty of the consulting veterport to sec- inarians having cases in charge, to report the same fully and promptly to the said secretary, in such form as he may prescribe.
6. That when in the judgment of the secretary of tions by con-. the board public interest and safety demand it, he erinarian, of may give written authority to any consulting veterwhen; his inarian of the board, who shall be a graduate of some reputable veterinary college, to examine any animal or animals, or any buildings, or farms, suspected, and the decision of such veterinarian, after proper examination and under the provisions of this act, and such rules and regulations, as the board may pre-may take scribe, shall be final, and said veterinarian may prowhat action. ceed to quarantine, to destroy, to order burned or buried, or to take any other action authorized by this act, and the rules of said board. For such services the veterinarian shall receive a per diem of four dol
lars per day, and actual expenses while engaged, which shall be paid out of the current appropriations made for the enforcement of this act and on an order signed by the president and secretary of the board.
That when it shall be found necessary or expe-An killed, dient to kill any animal or animals, to prevent the when. spread of contagious or infectious diseases, it
tion of owner.
shall first be appraised by three disinterested and sworn appraisers, who shall have due consideration —appraiseof the actual condition of the animal or animals at the appraisement, and the owner or owners of such animal or animals so destroyed shall be entitled to receive from the secretary of the board of agricul--compensaa certificate of value, as appraised by said appraisers, subject to the consent and approval of said board. For such services each appraiser shall re--of appraisceive a per diem of one dollar per day, to be paid out of current appropriations made for the enforcement. of this act, and on an order signed by the president and secretary of the said board.
of value, how
8. That at the end of each fiscal year, the holders of Certificates such certificates of value shall be paid the same from and when the current appropriations made for the purpose: provided, that the amount to be paid on such certificates proviso. in any one year shall not exceed the sum of five thousand dollars, which amount shall be paid pro-rata at the end of each fiscal year, on an order signed by the president and secretary of the state board of agriculture.
9. That for the economical eradication of conta-Co-operagious or infectious diseases of domestic animals, the tion with U. secretary of the state board of agriculture shall have power, with the approval and consent of said board, to arrange for and carry into effect terms of co-operation with the proper officers of the national government.
10. That all acts, or parts of acts inconsistent herewith, Acts repealed. are hereby repealed.
(Senate Substitute for House Bill No. 29.)
AN ACT creating the West Virginia State Service Commission, and prescribing the duties thereof.
[Passed February 21, 1901. In effect 90 days from passage. Approved February 21, 1901.]