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(House Bill No.246.)


AX 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.

February 20, 1901.]


Be it enacted by the Legislature of West Virginia :

ers; certain

thorized to



The judges of the second, third and the fourth Stenograph judicial circuits, may each, at his discretion, employ judges aua shorthand writer, to be known as an official stenog- employ, for rapher, to report,

under such regulations the what purjudges 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

tion, and how reasonable compensation for their services, and ex-paid. 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

-deputy offcounty 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

(House Bill No. 237.)


AX ACT authorizing the Circuit Courts to appoint com

missions and committees to audit the accounts and transactions of county courts.

[Passed February 20, 1901. In effect 90 days from passage.

February 21, 1901.]


Be it enacted by the Legislature of West Virginia:

1. The judge of the circuit court of any county. Examining when in his opinion the public interests of the counts and auditing demand same, shall have power to appoint a commis- transactions


of county
courts, etc.;
for: who
to appoint,
and when.



statement; what to show.



sion, consisting of three personswho shall be residents of the county in which their duties to be performed, whose duty

duty it shall be to ine and audit the accounts and transactions of the -duties. county court of the county, or of any tribunal in lieu -report and thereof, and report the result of such examination to

the said circuit court, together with 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 comappointed. 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 the

circuit court shall cause subpoenas to issue in like manner .--compensa-, as other subpoenas are issued by him in actions at law.

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.

2. Said circuit court may also, at any time in its

discretion, upon petition of twenty-five or more taxupon petition, to examine,' pavers 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 how paid ;

paid by the petitioners, and the court may require security may require therefor as a condition of the appointment of such comsecurity


tion; clerical help.

Court may also appoint a committee,



tion, etc.,

(House Bill No. 223.)


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:


may grant

1. No franchise shall hereafter be granted by the when, and county court of any county, or other tribunal acting county court,

or council, in lieu thereof, or by the council of any city, town or 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 some newspaper of general circulation published in such county or city wherein such franchise is to be granted. Vor 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 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: prorided, 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. Vo franchise hereafter granted,

-granted for for any longer term than fifty years shall be of any force longer or validity.

of no validity.


to renewal.


(House Bill No. 219.)


AN ACT extending the time in which distraint and sale

ir 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:

, extend

1. That the sheriffs of the several counties in the Distraint and State of West Virginia, whose terms expired on the time thirty-first day of December, one thousand eight hun-ed, dred and ninety-six and one thousand nine hundred, be allowed until the thirty-first day of December, 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, 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 from county

who shall remove from the county wherein he

person 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 lery and collect tax on assessments made in his own county.

sessed, what ithen.

(House Bill No. 81.)

AN ACT to provide for the inspection of and regula-

tion of oil used for illuminating purposes in coal

[Passed February 15, 1901. In effert 90 days from passage.

February 20, 1901.)


Kind and

to be used in mines for


torches or in

--what not

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

standard cottonseed oil, when burned in miner's miners'

torch, shall be used in any open lamp or torch for opeu 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'

torches for illuminating purposes in any coal mine in -exception.

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 lichts.

2. A standard cottonseed oil shall have the followoil, subject to ing test :

1. It shall be free from mineral oils or mincral 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.




purposes in



selling oils which do not

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 cighty-five degrees temperature. Should the cil be abore 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.

1. 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 difficult conerror of parallax.

6 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

branded, name and address of the manufacturer of said oil, the specific gravity of the same and the date of shipment.

7. Any person, firm, or corporation, either by them- Penalty for selves or

an agent or employe, which shall sell 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.

8. And any miner, or employe in any mine, or em- Penalty 'or ploye of any mine operator or ‘mine owner, who shall allowing the

use of any oil, knowingly use or permit to be used for illuminating in mines

other than purposes in any mine, in this State, any oil other than that prescribed in section one of this act, shall, upon scrived. 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 imprison; twenty days from the day of conviction shall be given a fault of paysentence in the county jail for a period of not less than ten nor more than sixty days.

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 have them tested under the direction of the chief mine inspector; and if they are found to be inferior

tests pre

that pre




wilen they

tions are committed.

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