(House Bill No.246.) CHAPTER 27. AN ACT to permit the Judges of the Second, Third and Fourth Judicial Circuits each to employ a shorthand writer at his discretion. [Passed February 15, 1901. In effect 90 days from passage. Approved February 20, 1901.] Be it enacted by the Legislature of West Virginia : fourth Stenographemploy judges austenog- employ, for as the what pur ers; certain thorized to poses. The judges of the second, third and the judicial circuits, may each, at his discretion, a shorthand writer, to be known as an official rapher, to report, under such regulations judges may respectively prescribe, the proceedings had and testimony given in the trial of any civil or misdemeanor causes in the circuit courts of said circuits, as well as the proceedings had and the testimony given in any other matter in hearing before said courts; and may allow said shorthand writers reasonable compensation for their services, and penses, to be certified by the court to the county court of the county in which said trial took place or other matter was heard, and paid by it out of the county treasury. The court may, when necessary,cial stenograappoint a deputy official stenographer, who shall be pher. entitled to the same fees for like services as his principal and paid in the same manner. -compensa a tion, and how ex-paid. -deputy off (House Bill No. 237.) CHAPTER 28. AN ACT authorizing the Circuit Courts to appoint commissions and committees to audit the accounts and transactions of county courts. [Passed February 20, 1901. In effect 90 days from passage. Approved February 21, 1901.] Be it enacted by the Legislature of West Virginia: 1. The judge of the circuit court of any when in his opinion the public interests of the demand same, shall have power to appoint a county. Examining county and auditing commis- transactions accounts and of county courts. etc.; commission for who to appoint, -duties. sion, consisting of three persons, who shall be residents of the county in which their duties are to be performed, whose duty it shall be to examand when. ine and audit the accounts and transactions of the county court of the county, or of any tribunal in lieu -report and thereof, and report the result of such examination to statement; the said circuit court, together with a statement showing the indebtedness, if any, for what created, to whom owing, and whether or not a levy has been -when such made to provide for the payment of same. Such com what to show. commission appointed. commission. mission shall be appointed at the regular term of the circuit court next succeeding the time fixed by law for making the annual levy of the county, by the -powers of county court. Such commission shall have access to all the books and records of the county, and shall have power to require the attendance of persons and papers necessary to carry into effect the provisions of this act, and upon request of said commission, the clerk of thecircuit court shall cause subpoenas to issue in like manner -compensa- as other subpoenas are issued by him in actions at law. tion; clerical Such commission shall be allowed a reaonable compensation, and shall employ such clerical and other assistance in the prosecution of such examination as the said circuit court may direct, the same to be paid out of the county treasury. help. Court may also appoint upon petition, etc. -powers. 2. Said circuit court may also, at any time in its a committee, discretion, upon petition of twenty-five or more taxto examine, payers of the county, appoint a committee of such number as the court shall see fit, from the citizens and taxpayers of such county, who shall have all the powers. and duties prescribed for the commission, to be appointed under section one of this act, but the compensation of said -compensa- committee and all expenses of its proceedings shall be tion, etc., paid by the petitioners, and the court may require security may require therefor as a condition of the appointment of such committee. how paid; security. (House Bill No. 223.) CHAPTER 29. AN ACT to regulate the granting of franchises by county courts or other tribunals in lieu thereof, and by the council of any city, town or village incorporated under the laws of West Virginia. [Passed February 18, 1901. In effect 90 days from passage. Approved February 21, 1901.] Be it enacted by the Legislature of West Virginia: when only, or council, 1. No franchise shall hereafter be granted by the when, and county court of any county, or other tribunal acting county court, in lieu thereof, or by the council of any city, town or may grant village incorporated under the laws of this State, franchises. where the application for such franchise has not been filed at least thirty days prior to the time when it is to be acted upon, by such county court or council, with the clerk of such court or council, and notice of such application, stating the object of such franchise, shall have been given by publication for thirty days in newspaper of general circulation published in such county or city wherein such franchise is to be granted. Nor shall such franchise be granted within thirty days after the application has been filed, nor until an opportunity has been given any citizen or corporation. interested in the granting or refusing of said franchise to-maximum be heard. Nor shall any franchise hereafter be granted term. by any county court, or other tribunal acting in lieu thereof or by any council of any city, town or village incorporated under the laws of this State, for a longer term than fifty years: provided, however, that nothing in proviso as this act shall prevent the renewal of any such franchise for a term not exceeding fifty years, when the same shall have expired. No franchise hereafter granted for any longer term than fifty years shall be of any force longer term or validity. to renewal. -granted for of no validity. (House Bill No. 219.) CHAPTER 30. AN ACT extending the time in which distraint and sale may be made for taxes. [Passed February 18, 1901. In effect 90 days from passage. Approved February 21, 1901.] Be it enacted by the Legislature of West Virginia: sale for taxes, ed, 1. That the sheriffs of the several counties in the Distraint and State of West Virginia, whose terms expired on the time extendthirty-first day of December, one thousand eight hundred and ninety-six and one thousand nine hundred, be allowed until the thirty-first day of December, one thousand nine hundred and three, within which to make distraint or sale for the collection of taxes not returned delinquent for the years one thousand eight -until when. -for what years. hundred and ninety-three, one thousand eight hundred and ninety-four, one thousand eight hundred and ninety-five, and one thousand eight hundred and ninety-six, and for the years one thousand eight hundred and ninety-seven, one thousand eight hundred and ninety-eight, one thousand eight hundred and ninety-nine, and one thousand nine hundred; and any -removal person who shall remove from the county wherein he of person as or she has been assessed before paying the tax on said assessment, the sheriff of said county may forward the tax receipt of said assessment to the sheriff of the county in which said person has removed, who is hereby empowered to make levy and collect said tax the same as he is empowered to levy and collect tax on assessments made in his own county. from county sessed, what then. Kind and to be used in torches or in (House Bill No. 81.) CHAPTER 31. AN ACT to provide for the inspection of and regulation of oil used for illuminating purposes in coal mines. [Passed February 15, 1901. In effect 90 days from passage. Approved February 20, 1901.] Be it enacted by the Legislature of West Virginia: 1. That only animal, vegetable or paraffine oil or quality of oil other oil as free from the evolution of smoke as a mines for standard cottonseed oil, when burned in a miner's miners' torch, shall be used in any open lamp or torch for open lamps. illuminating purposes in any coal mine in this State, and that kerosene and blackstrap oil, or a mixture of to be used in kerosene and blackstrap, shall not be used in miners' such torches. torches for illuminating purposes in any coal mine in -what not -exception. Cottonseed what test. this State: except that a mixture of mineral oil (other than blackstrap oil) and vegetable oil can be used upon machinery used as motive power to haul coal in any mine in this State, and except, further, that a mixture of mineral and vegetable oil can be used for all stationary lights. 2. A standard cottonseed oil shall have the followoil, subject to ing test: 1. It shall be free from mineral oils or mineral oil compounds. 2. It shall be tested in a glass tube one and one-half inches in diameter by eight inches deep, and the oil shall be at a temperature of sixty degrees Fahrenheit when the test is made, and shall not exceed twentyfour degrees Tagliabue hydrometer. grees. 3. If the oil to be tested is below forty-five degrees Test of oil Fahrenheit temperature, it must be slowly heated until below 45 deit reaches eighty-five degrees temperature. Should the cil be above forty-five degrees temperature and below sixtyfive degrees it must be heated to seventy degrees, when, in either case, it must be well shaken and allowed to cool gradually to a temperature of sixty degrees, when the test must be made. oil. 4. In testing the gravity of oil the hydrometer must Testing the be, when possible, read from below, and the last line gravity of which appears under the surface of the oil shall be regarded as the true reading. 5. Where the oil is tested in difficult circumstances Testing under an allowance of one-half of one degree may be made for dimcult conerror of parallax. ditions. purposes in 6. All oil sold to be used for illuminating purposes oils sold for in the mines of this State shall be contained in bar- illuminating rels, casks or packages, branded conspicuously with mines, how the name and address of the manufacturer of said oil, the specific gravity of the same and the date of ship ment. branded, etc.. selling oils tests pre 7. Any person, firm, or corporation, either by them- Penalty for selves or an agent or employe, which shall sell or which do not offer for sale for illuminating in any mine, in this comply with State, any oil or any mixture or compound of oils which scribed. does not comply with the tests as prescribed in section one of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars for each offence. use of any oil. other than scribed. 8. And any miner, or employe in any mine, or em- Penalty for ploye of any mine operator or mine owner, who shall allowing the knowingly use or permit to be used for illuminating in mines. purposes in any mine, in this State, any oil other than that pre that prescribed in section one of this act, shall, upon conviction thereof, be fined not less than five dollars nor more than twenty-five dollars for each and every offence; and in default of payment of such fine within twenty days from the day of conviction shall be given a sentence in the county jail for a period of not less than ten nor more than sixty days. imprison ment in de fault of pay ment. when they 9. It shall be the duty of the district mine inspectors Duty of mine wherever they have reason to believe that oil is be- inspectors ing used, or sold or offered for sale, in violation of the believe violaprovisions of this act, to take samples of the same and committed. have them tested under the direction of the chief mine inspector; and if they are found to be inferior tions are |