oil is sold, -penalty for fender mit mine in- miner, refusal to per spector to if inferior to the quality prescribed by this act, the inspector what then. shall make complaint to the prosecuting attorney of the county in which the offence is committed, who shall forthwith commence proceedings against the ofin any court of competent jurisdiction. Any mine employe, firm, corporation or their agents, who shall refuse to permit the mine inspector to examine his or their oil used for or sold for illuminating, purposes in the coal mines, in this State, shall be guilty of a violation of this act, and may be taken before any justice of the peace and fined five dollars or imprisoned in the county jail for ten days for each offence. examine oils used, etc. Costs in cases of prosecution, who to pay. 10. In all cases of prosecution, where the ac(used stands convicted of a violation of this act. the costs of such prosecution shall be borne by the person, firm or corporation so convicted, and in case of failure to convict the accused the State shall pay the costs in the same manner as in other prosecutions for misdemeanors. Anatomical board, who to constitute. (Senate Bill No. 51.) CHAPTER 32. AN ACT ceating an Anatomical Board for the promotion. of medical science. [Passed February 16, 1901. In effect 90 days from passage. Approved February 19, 1901.] Be it enacted by the Legislature of West Virginia: the pro are 1. That the professor of human anatomy, professor of comparative anatomy, and the fessor of pathology, in in the college of of medicine at the West Virginia University, be and they hereby constituted a board by the name of the Anatomical Board of West Virginia, for the pur-name and pose of receiving and making disposition of the dead human bodies hereinafter described, for the scientific uses and purposes of said college. The board shall have full power to establish rules and regulations for its own government, and for for the uses, disposition and control of such dead human bodies as may come under their authority in pursuance of this act. purposes. powers, and for what. to appoint agents, etc. transactions, said board shall have authority to appoint such of-authority ficers, employes and agents as may be necessary to officers, carry out the purposes for which this board is organized. It shall keep a full and complete record of its-record of transactions, showing among other things every dead what to human body received in pursuance of this act, giving spection. name, sex, age, date of death, place from which received, when received, and from whom received, which record shall be open at all times to the inspection of any prosecuting attorney in West Virginia. to show its in board. except exception. 2. All dead human bodies which may come under the what dead bodies subject charge or control of any superintendent or ofto requisition ficer or agent having the supervision of any alms- of such house, prison, morgue, hospital, asylum, or any other public institution, in the State or in any county, disor municipality therein, and which may be required to be buried at public expense, shall be subject the requisition of the anatomical board, the following: No such dead human body shall be delivered to the anatomical board if any person claiming to be related to the deceased, by blood or marriage, shall make a statement in writing of the fact, and shall claim such body for burial, or shall-statement make affidavit that he is unable to bear the expense required; by of burial and desires the person deceased to be buried and with at public expense. The statement and affidavit said may be filed by any such relative with the superintendent or other officer or agent having the cus tody and control over the body of the person SO-when claimed, either before or after the death of such per son. afore or affidavit whom filed. board, by 3. The superintendent, or other officer or agent in Notice to charge of every almshouse, prison, morgue, hospital, whom and of asylum, or other public institution aforesaid, shall what. give notice to the anatomical board of every human body that comes under the custody and control of every such superintendent, officer, or agent, as aforesaid, which is required to be buried at public expense, and for which no claim has been made as aforesaid. If the anatomical board claims the body for if board scientific purposes, it shall be delivered to the boardbody, what or its authorized agent by the superintendent, officer, or agent in charge thereof, for transportation to the college of medicine aforesaid. Every such dead hu-- -what length man body shall be held subject to the order of the body held. anatomical board for at least twenty-four hours after telegraphic notice to the board of the existence of such body. claims the then. of time such Conveyance of dead bodies. Board must give bond; approval. conditions. 4. The said board shall employ a carrier or carriers for the conveyance of such dead human bodies, which shall be enclosed with a suitable encasement, and carefully deposited free from public observation. a 5. No body shall be received by the anatomical board until bond shall have been given by the penalty and members thereof, or by some person in their behalf, with security approved by the clerk of the circuit court of Monongalia county, in a penalty of one thousand dollars, conditioned that all such bodies which the said board shall receive, shall be used only for the promotion of medical science in the college of medicine in the West Virginia university. Expenses, who to pay. Penalty for failure to 6. Neither the State nor any county, district, municipality, or any officer or agent thereof, shall be at any expense by reason of the delivery of any such dead human body, but all the expense thereof shall be paid by the anatomical board of regents of the university. 7. Any person who shall neglect, refuse, or omit, to perform any perform any duty enjoined upon him, by this act, shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than twenty-five nor more than two hundred dollars. duty required. San Jose scale of persons to (Senate Bill No. 177.) CHAPTER 33. AN ACT to prevent the introduction and spread of the San Jose scale and other dangerous insects and dangerously contagious diseases affecting trees, shrubs, vines, plants and fruits. [Passed February 16, 1901. In effect 90 days from passage. Approved February 19, 1901.] Be it enacted by the Legislature of West Virginia: 1. That the director of the West Virginia agricultural appointment experiment station, immediately on the taking effect of prevent this act, shall appoint a competent person or persons of; by whom. Who shall, under the direction of the said director, perform the duties hereinafter provided. spread, etc.. Director ex periment sta 2. It shall be the duty of the director, either in person or through his assistants, to seek out and de Black duties. diseases men to exclude others tion of nurse -certificate such certifi vise means of suppressing and eradicating through- tion, his out the State the San Jose scale and other dangerous insects, and tree, shrub, vine or plant diseases. knot and peach yellows are hereby declared to be dangerous within the meaning of this act, and trees, shrubs, vines or plants, affected with either of these diseases, shall be subject to its provisions. The men-insects and tion of San Jose scale, peach yellows and black knot, tioned, not in this section, shall not be held to exclude other in- that are dansects or discases, which may be found to be danger-gerous. ous, from the provisions of this act. Said director, in-examinaperson, or through his assistants, shall examine once ries, when. in each year, not later than August fifteenth, all nurseries in the State of West Virginia as to whether they are infested with San Jose scale or other dangerous insects, or infected with dangerously contagious tree, vine, shrub or plant disease; and if upon cert camer inspection such nurseries appear to be free from such when; fee for insects or diseases, the director shall upon the re-cate, and payceipt of ten dollars give each owner of such nursery ment. or nurseries a certificate to the facts, provided that it shall require but one day or part of one day to make such inspection, and for each additional day or fraction thereof required to complete the inspection, five dollars shall be charged therefor, and collected before the certificate is granted. In addition to the above fee, nurserymen must furnish transportation to transportaand from railway station, and facilities for reaching from statheir growing stock, to such person or assistants selected by the director to make said inspection. This certificate shall be void after August fifteenth of the certificate, year following. A duplicate of each certificate, to- duplicate to gether with a statement of amount received therefor, be filed, shall be filed by said person or assistants with said director within ten days of its issue, and neglect to file such duplicate of certificate and statement shall be failure to treated as a misdemeanor. If any dangerously injuri-a misdeous insects or infectious diseases are found on the premises of any nursery, or nursery stock, the direc-) treatment in tor may order and enforce such treatment of said nur- addition to sery stock as he may deem sufficient, in addition to a when. thorough inspection, before granting a certificate, and the same per diem shall be charged for overseeing per diem treatment as for nursery inspection. Whenever a treatment. nurseryman, or any other person, shall ship or deliver -Nursery within this State, except for scientific purposes, trees, stock, except, shrubs, plants or other nursery stock, he shall place or delivered upon each car load, box, bale, or package a copy of a tion to and tions. when void; where,. file duplicate meanor. -nursery inspection, for such etc., shipped in state, what must be placed thereon. of certificate. certificate, the original of which is signed by a State or Government inspector, stating that such stock has been inspected and has been found apparently free from dangerous insects and dangerously contagious tree, shrub, vine and plant diseases. The illegal use illegal use of said certificate by changing, defacing or placing it on uninspected stock, or using the same after date of expiration or revocation, shall render the owner or shipper liable to the penalty prescribed for a violation of this act. No person growing for sale any trees, shrubs, vines, or plants, shall deliver the same without applying to the director for the certificate provided for in this act. -what required before delivery of trees, etc. Examination gardens, etc., when. -invested with what 3. It shall further be the duty of said director. of orchards, through his assistants, to cause the examination of all orchards, gardens and other premises, either public or private, which they shall have reason to suppose to be infested or infected with any dangerously injurious insects or infectious diseases liable to spread or to be conveyed to other premises, and for this purauthority for pose said director and his assistants are authorized, such purpose. during reasonable business hours, to enter into or upon any farm, orchard, nursery, garden, storehouse or other building or place used for growing, storing -declared a packing or sale of nursery and other horticultural sance, when products. If said director or his assistants shall find and for what. on inspection, as aforesaid, that any nursery, orchard, public nui -notice to Owner, and what to contain. -infected property must not be removed, after when. -if person so notified refuse or neglect to disinfect, etc., what then. garden, or other property or place, is infested or infected with such dangerously injurious insects or infectious diseases, liable to spread or to be conveyed to other premises, to the serious injury of the property thereon, the same shall be declared a public nuisance; and he shall notify in writing, the owner or person in charge of such infected or infested property, and shall direct him, within a time and in a manner prescribed in such notice, to use such measures as shall prevent the conveyance or spread of such insects or diseases to the property of others; and such infested or infected property must not be removed from the premises after the owner or person in charge of the same shall have been notified, as aforesaid, without the written permission of said director or his assistants. If the person so notified shall refuse or neglect to treat and disinfect said premises or property in the manner and within the time prescribed, it shall be the duty of the director to cause such premises or property to be so treated, and they shall certify to the owner or person in charge of such premises |