and it shall be the duty of the prosecuting attorneys of the several counties, under the direction of the attorney general, to institute and prosecute proceedings in equity and also at law, in the name of the state of West Virginia, to enforce the provisions of this act. Two or more residents of any county in which any railroad mentioned in this act owns property or transacts business may institute and prosecute in their own names any suit in equity to prevent and restrain violations of, and any suit in equity, or by mandamus or otherwise at law, to compel obedience to the provisions of this act; and it shall not be necessary for them to show any special injury in any suit or proceedings. No suit when instituted shall be dismissed for want of parties, but any person or corporation may be made a party at any stage of the proceedings whenever it appears necessary to a proper decision of the suit. (Senate Bill No. 34.) CHAPTER 18. AN ACT extending the times within which, and the terms upon which, railroad companies heretofore organized under the laws of this state since the first day of January, one thousand nine hundred and two, may commence the construction of their roads, if such construction has not already been commenced, and complete the same and put them in operation, whether heretofore begun or not. (Passed February 21, 1913. In effect ninety days from passage. Governor February 25, 1913.) SEC. SEC. Approved by the 1. Extending franchise and powers of 2. Inconsistent acts repealed. railroad companies. Be it enacted by the Legislature of West Virginia: Sec. 1. Any railroad company heretofore organized under the laws of this state since the first day of January, one thousand nine. hundred and two, which shall have heretofore spent, or which shall hereafter, and within two years from the passage of this act, actually and in good faith spend, upon the construction of its road, twenty per centum of its stock actually subscribed, and shall also within five years after the passage of this act complete and put in operation its road, then and in every such case, the corporate existence, franchises and powers of such railroad company shall be and remain the same as though the provisions of section sixty-six of chapter seventeen of the acts of one thousand eight hundred and eighty-one had been fully complied with by such company, and no forfeiture or judgment of ouster shall be rendered against said company by reason of its failure to comply with said section. But if any of said railroad companies have not heretofore spent, or shall not within two years from the passage of this act, spend in good faith, upon the actual construction of its road twenty per centum of its subscribed capital, and shall not finish its railroad and put it in operation within five years from the passage of this act as aforesaid, its corporate existence and powers shall cease; except that if any such corporation shall have, within the time limited by this act, constructed a portion of its road and put the same, or some part thereof so completed, into actual operation, its corporate powers and rights shall be preserved as to all of the said road so completed and in operation. Sec. 2. All acts and parts of acts coming within the purview of this act and inconsistent therewith are hereby repealed. (House Bill No. 19.) CHAPTER 19. AN ACT to amend and re-enact section fifteen of chapter seventyseven of acts of one thousand nine hundred and seven, prohibiting discrimination and rebating, and to add thereto section fifteen-a, prohibiting misrepresentation and twisting; section fifteen-b, providing for securing evidence of rebating, misrepresentation and twisting section fifteen-c, providing for appointment of insurance solicitors for companies other than life; section fifteen-d, giving the insurance commissioner authority to issue and revoke agents licenses: section fifteen-e, providing for revocation of company's license; section fifteen-f, regulating reduction of capital stock by licensed companies; section fifteen-g, restricting powers of licensed companies in declaration of dividends to stockholders; section fifteen-h, providing for supervision of re-insurance contracts: section fifteen-i, providing for supervision of companies after withdrawal from the state: section fifteen-j, making provision for reserves for certain companies; section fifteen-k pro viding penalties for violations of certain sections, and section fifteen-1, repealing inconsistent provisions. (Passed February 6, 1913. In effect ninety days from passage. Governor February 7, 1913.) Approved by the Solicitors, to whom and how li- Reduction of capital stock. Companies withdrawn; when sub- 15i. 15a. Reserves. 15k. Penalties. 151. Repealing conflicting acts. Be it enacted by the Legislature of West Virginia: That section fifteen of chapter seventy-seven of the acts of one thousand nine hundred and seven, be amended and re-enacted so as to read as follows, and that there be added thereto sections fifteen-a, fifteen-b, fifteen-c, fifteen-d, fifteen-e, fifteen-f, fifteen-g, fifteen-h, fifteen-i, fifteen-j, fifteen-k and fifteen-1 relating to subjects connected with the office of insurance commissioner, and the general subject of insurance. Discrimination and Rebating Prohibited. Sec. 15. No life insurance company doing business in this state shall make or permit any distinction or discrimination in favor of individuals of the same class, or of equal expectation of life, in the amount of payment or return of premiums or rates charged for policies of insurance, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the contracts it makes, nor shall any such company permit, or agent thereof offer or make any contract of insurance or agreement as to such contract other than as plainly expressed in the issued policy thereon; and no company authorized or permitted to do an insurance business within this state, or any officer, agent, solicitor or representative thereof shall make any contract for such insurance on property or risk located within the state or against liability, casualty, accident or hazard that may arise or occur thereon, or agreement as to such contract other than as plainly expressed in the policy issued, or to be issued thereon; and no insurance company, association or society, by itself or any other party, and no insurance agent, solicitor or broker personally, or by any other party, shall offer, promise, allow, give, set off or pay, directly or indirectly, any rebate of, or part of, the premium payable on the policy, or on any policy, or agent's commission thereon, earnings, profits, dividends, or other benefit founded, arising, accruing or to accrue thereon, or therefrom, or any other valuable consideration or inducement to or for insurance, on any risk in this state now or hereafter to be written, which is not specified in the policy contract of insurance; nor shall any such company, association, or society, agent, solicitor, or broker, personally or otherwise, offer, promise, give, sell or purchase any stocks, securities or property, or any dividends or profits accruing or to accrue thereon, or other thing of value whatsoever as inducement to insurance, or in connection therewith which is not specified in the policy. Upon satisfactory evidence of the violation of the provisions of this section, by any solicitor or agent of any insurance company, the insurance commissioner shall forthwith revoke the certificate of authority of such solicitor or agent, and no license shall be issued to such agent or solicitor within one year from the date of the revocation of such license; and any insurance company, association, or society, its officers, solicitors or agents, or any insurance broker violating the provisions of this section of this act, shall be guilty of a misdemeanor, and upon conviction thereof, the offender shall be sentenced to pay a fine of one hundred dollars for each and every violation, or, in the discretion of the court, imprisoned in the county jail of the county in which the offense is committed, for a period of not less than ninety days nor more than six months. No insured person or party shall receive or accept, directly or indirectly, any rebate or premium or part thereof, or agent's, solicitor's or broker's commission thereon, payable on the policy, or on any policy of insurance or any favor or advantage or share in the dividend or other benefit to accrue thereon, or any valuable consideration or inducement, not specified in the policy contract of insurance. The amount of the insurance whereon the insured has received or accepted, either directly or indirectly, any rebate of the premium, or agent's, solicitor's or broker's commission thereon, shall be reduced in such proportion as the amount or value of such rebate, commission, dividend, or other consideration so received by the insured, bears to the first premium paid on such policy, and any person insured, in addition to having the insurance reduced, shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine of not more than one hundred dollars. It shall be the duty of the insurance commissioner to investigate any charges of rebating submitted to him. Said charges shall specify the agent, the company and the party receiving the rebate, and all facts in connection with the transaction within his knowledge. Immediately upon the filing of said charges the insurance commissioner shall proceed to investigate the same. He shall have power to compel the attendance of witnesses and may examine under oath any person whom he has reason to believe has knowledge of the facts alleged, and the making af any false statements on such examination shall be perjury and punishable as a felony. Nothing in this section shall be so construed as to prohibit any company issuing non-participating insurance from paying bonuses to policy-holders or otherwise abating their premium in whole or in part out of surplus accumulated from non-participating insurance, nor to prohibit any company transacting industrial insurance on the weekly or monthly payment plan from returning to policy-holders who have made premium payments for a period of at least one year directly to the company at its home or district office, a percentage of the premium which the company would have paid for the weekly or monthly collection of such premiums, nor to prohibit any life insurance company doing business in this state from issuing policies of life or endowment insurance with or without annuities at rates less than the usual rates of premiums for such policies, insuring members of organizations or employes of any employer, who through their secretary or employer may take out insurance in an aggregate of not less than fifty members and pay their premiums through such secretary or employer. Misrepresentation and Twisting. Sec. 15a. No insurance company, association or society, or any officer, director, agent, broker or solicitor thereof shall issue, circulate or use or cause or permit to be issued, circulated or used, any written or oral statement, or circular misrepresenting the terms of any policy issued or to be issued by such company, or misrepresenting the benefit or privileges promised under any such policy, or estimating the future dividends payable under any such policy. No insurance company, association or society, officer, director, agent, solicitor or broker, or any person, firm, association or corporation shall make any misrepresentation or incomplete comparison of policies, oral, |