34 penalty of five hundred dollars, to be recovered by the attorney 35 general in an action against the defender's bondsmen to be 36 brought in the name of the state of West Virginia. Any dealer who 37 uses, for the purpose of selling milk or cream, jars or bottles pur38 chased after this law takes effect that do not comply with the re39 quirements of this section as to markings and capacity, shall be 40 deemed guilty of using a false and insufficient measure. 41 Sealers of weights and measures are not required to seal 42 bottles or jars for milk or cream marked as in this section pro43 vided, but they shall have the power to and shall from time to 44 time make tests on individual bottles used by various firms in the 45 territory over which they have jurisdiction in order to ascertain 46 if the above provisions are being complied with, and they shall 47 immediately report violations found to the state commissioner 48 of weights and measures; provided, however, that this section shall 49 not apply except to farmers and dairymen who own and milk ten 50 or more cows. Sec. 26. The standard barrel for fruits, vegetables and 2 produce shall be of the following dimensions when measured with3 out distension of its parts: diameter of head inside of staves, sev4 enteen and one-eighth inches; distance between heads, inside 5 measurements, twenty-six inches; the outside bilge or circumfer6 ence not less than sixty-four inches; and the thickness of staves 7 not more than four-tenths of an inch; provided, that any barrel 8 of a different form having the same distance between heads and 9 a capacity of seven thousand and fifty-six cubic inches shall be a 10 standard barrel. Sec. 27. A bushel of the respective articles hereinafter 2 mentioned shall be the amount of weight, avoirdupois, viz:3 Apples (green) 50 24 48 60 46 20 57 42 14 52 50 50 One barrel of flour shall contain one hundred and ninety-six 51 pounds. 52 One barrel lime shall contain two hundred pounds. Sec. 28. Whenever any commodity is sold on a basis of 2 weight, it shall be unlawful to employ any other weight in such 3 sale than the net weight of the commodity; and all contracts con4 cerning goods sold on a basis of weight shall be understood and 5 construed accordingly. Whenever the weight of a commodity is 6 mentioned in this act, it shall be understood and construed to 7 mean the net weight of the commodity. Sec. 29. Any person who, by himself or by his servant or 2 agent, or as the servant or agent of another person shall knowingly 3 offer or expose for sale, sell, use in the buying or selling of any com4 modity or thing or for hire or award, or retain in his possession a 5 false weight or measure or weighing or measuring device which has 6 not been sealed by a sealer or deputy sealer of weights and measures 7 within one year, or shall dispose of any measure, or weighing or 8 measuring device contrary to law, or remove any tag placed there9 on by a sealer or deputy sealer of weights and measures; or who 10 shall sell or offer or expose for sale less than the quantity he 11 represents, or shall take or attempt to take more than the quan12 tity he represents, when as the buyer, he furnishes the weights, 13 measures, or weighing device by means of which the amount of 14 commodity is determined; or who shall keep for the purpose of 15 sale, offer or expose for sale, or sell any commodity in a manner 16 contrary to law; or who shall violate any provisions of this act for 17 which a specific penalty has not been provided; or who shall sell 18 or offer for sale, or use or have in his possession for the purpose of 19 selling or using, any device or instrument to be used to or calcu20 lated to falsify any weights or measures, shall be guilty of a misde21 meanor, and shall be punished by a fine of not less than ten 22 nor more than one hundred dollars, or by imprisonment for not 23 more than sixty days, or by both such fine and imprisonment, 24 upon a first conviction in any court of competent jurisdiction, 25 and upon a second or subsequent conviction in any court of com26 petent jurisdiction he shall be punished by a fine of not less than 27 ten, nor more than five hundred dollars, or by imprisonment in 28 the county jail for not more than sixty days, or by both such fine 29 and imprisonment. Sec. 30. The word "person" as used in this act, shall be 2 construed to impart the plural and singular, as the case demands, 3 and shall include corporations, companies, societies and associa4 tions. 4-a The word "weights, measures or weighing or measuring de5 vices" as used in this act, shall be construed to include all weights, 6 scales, beams, measures of every kind, instruments and mechanical 7 devices for weighing or measuring, and any appliances and ac8 cessories connected with any or all such instruments. 9 The words "sell" or "sale" as used in this act shall be con10 strued to include barter and exchange. CHAPTER 17. (House Bill No. 303.) AN ACT to amend and re-enact chapter eleven of the acts of one thousand nine hundred and thirteen, concerning hydro-electric or other companies producing and selling hydraulic, electric or other power; authorizing such companies to exercise the right of eminent domain; defining and regulating the powers, rights, duties, and obligations of such companies, and levying royalties and assessments thereon; regulating the building and maintenance of dams across water streams, and of all structures, works and property connected or used in connection therewith. (Passed February 25, 1915. In effect ninety days from passage. Approved by the Governor March 4, 1915.) Chapter II, Acts of 1913, amended and re-enacted. 1. Chapter designated "water power act;" definitions. 6. Rights as to private and public roads and bridges, streets or alleys. 2. 7. Extent of control and supervision; exceptions. 3. Corporations heretofore or hereafter organized to manufacture, supply and sell to the public hydraulic, electrical or other energy or power, to have certain rights, powers and authority; to acquire by condemnation, within limits designated by public service commission, lands to construct and operate works; to acquire by condemnation, within the limits of territory designated by the public service commission, lands, waters, interests, rights or easements in waters likely or liable to be flooded or damaged by impounding or diverting the water of any water course or tributary; to acquire by condemnation, same limitations, land for sub-stations; limitations and exceptions; just compensation required. 4. Rights as to water-mill, steam-mill, mill-dam, mill-race, franchise, etc. 5. Rights as to flooding of public and private ferries. 8. 9. 10. 11. 12. Rights as to public or private ceme SEC. 13. 14. 15. 16. change location of any pipe line, necessary for dam, under certain restrictions. Right to remove timber adjacent to right-of-way by condemnation. Proceedings in condemnation governed by chapter 42 of code. Permits to use bed or banks of streams to construct and maintain power dam or other structure restricted to corporations organized under laws of this state, and subject to control by proper authority; such agreement to be a part of permit; exceptions as to foreign corporations already established; exceptions as to all corporations selling electricity or other energy outside the state. Corporation subject to all provisions of chapter 9, Acts of 1913, and any act amendatory 17. Applications to public service corporation for permit; how made and what to contain; all to be filed with public service commission. 18. 19. 20. 21. 22. 23. 24. Public service commission may re- per cent, of gross income for license year ending June 30, to be ascertained by state tax commissioner, to whom reports are made; what reports shall contain. Remedy in case of grievance to be to the board of public works; no appeal in certain cases. 25. Duty of tax commissioner in case of failure to pay royalty: royalties a lien; moneys collected to be covered into state treasury; assessments levied in section 20 to be certified to the auditor and to be a lien; penal SEC. 26. ties; assessments to constitute a special fund. Power of commission as to rates to be charged by corporations operating under this act. 27. Power to regulate rates at 28. 29. 30. 31. 32. 33. 34. all points vested in public service commission; shall be just and reasonable; contracts for sale subject to approval by same; limit for which contracts may be made. Nothing in this act to be construed to interfere with jurisdiction of U. S. government over navigable streams; requirements as to construction of locks, booms, sluices, fish ways, boat houses, etc., necessary to the interests of navigation; provision as to toll charges. Jurisdiction; to include persons, firms, corporations, municipalities, agencies, etc. Charters renewable only on conditions prescribed by law; unexpended assessments to be returned. Power vested in commission to investigate method of construction of dam, etc., to conserve and protect public and private rights; no franchise to limit this authority. Limit of permit, fifty years; all rights to terminate and vest in state: state may operate or transfer to another agency; may also renew permit; may be revoked for failure to comply with provisions of this act. Capital stock, bonds and other securities to be subject to approval by commission. Accounting system to be installed, subject to audit by expert accountant, and to show cost of power site as provided in section 35; yearly reports to be filed with commission; expenses for organization, promotion, etc.. to be just and reasonable; bonuses, etc., given promoters for services or for water rights or dam sites, having purely speculative value, to be surrendered, to be exchanged at cash value and paid by corporation; accountants to be paid in accordance with section 20 of this act. 35. Permits, rights, etc., granted under this act subject to right of the state to acquire same after fifty years, on one year's notice, and at its actual value, to be ascertained by arbitration; no allowance to be made for unreasonable cost; limitations as provided in section 34. No transfer valid unless approved by the commission. |