10 in, so far as an inducement for the passage of this bill is con11 cerned, is independent of every other section and every other 12 part or subdivision of a section, and not any section or any part 13 or subdivision of a section is an inducement for the enactment 14 of any other section or part or subdivision of a section. 15 All acts and parts of acts conflicting herewith are hereby 16 repealed. CHAPTER 41 (House Bill No. 195-Mr. Estep) AN ACT authorizing registered nurses to administer anesthetics for and in the presence of licensed physicians in certain cases. [Passed April 11, 1923. In effect ninety days from passage. without the approval of the Governor] Be it enacted by the Legislature of West Virginia: Became a law Section 1. That in any case where it is now lawful for a 2 duly licensed physician and surgeon practicing medicine and 3 surgery under the laws of this state to administer anesthetics, 4 such anesthetics may be lawfully given and administered by any 5 nurse, who shall have been duly registered as such under the 6 laws of this state, provided, that such anesthetic is administered 7 by such nurse in the presence and under the supervision of 8 such licensed physician or surgeon. Sec. 2. All acts or parts of acts coming within the purview 2 hereof and inconsistent herewith are hereby repealed. CHAPTER 42 (House Bill No. 325-Mr. Eubank) AN ACT to amend and re-enact section three of chapter one hundred and sixty-one of the code of West Virginia, relating to jail physicians. Be it enacted by the Legislature of West Virginia: That section three of chapter one hundred and sixty-one of the code of West Virginia be amended and re-enacted so as to read as follows: Section 3. The county court for every county may appoint a 2 physician to attend all persons confined in jail as lunatics, or 3 persons charged with felony or misdemeanor, and such physician 4 shall furnish all medicines and drugs for, and give proper at5 tention to, all such persons at a stipulated, fixed and exclusive 6 annual allowance. The appointment of such physician shall be 7 made in open court. The court, or president thereof in vacation, 8 shall cause notice to be given in some newspaper published in 9 the county, and by posting at the front door of the court house, 10 or, if no such paper be published, by posting as aforesaid alone, 11 of the days during court, when sealed bids will be received. The 12 bids shall be opened only in court, on the day specified in the 13 notice, if the court then be in session, and, if not, on the first day 14 of the session thereafter, and the appointment awarded to the 15 lowest responsible bidder; and such court shall have the right to 16 reject any or all bids. The person receiving the appointment 17 shall give bond with sufficient surety, to be approved by the 18 court, for the faithful performance of the trust and agreement. 19 The court shall have power to vacate the appointment for failure 20 or neglect of duty; but such vacation shall in no manner af21 fect the liability on the bond. All of the proceedings shall be 22 entered in the order book of the court. The county court may 23 also, after examination, when a person in its jail charged with 24 or convicted of an offense is unable to provide himself with 25 sufficient clothing, direct the jailer to provide him clothing, and 26 allow therefor not exceeding twenty dollars in one year. Al27 lowances under this section, on being certified by the court, 28 shall be paid out of the county treasury. CHAPTER 43 (House Bill No. 27--Mr. Huber) AN ACT to provide for the establishment of the two-platoon system of city fire department. [Passed April 26, 1923. In effect ninety days from passage. Approved by the SEC. SEC. 1. Two platoon system city fire de- 2. partment; how and when established; hours. 3. Assignment of members to ser- Be it enacted by the Legislature of West Virginia: Section 1. In any municipal corporation in this state hav2 ing a population of more than eighteen thousand inhabitants, 3 having, or which may hereafter have, a fire department sup4 ported in whole or in part at public expense, the city council or 5 other legislative body of such municipality, may declare the 6 necessity of said service to each twenty-four hours shall be as 7 follows, to-wit: from eight a. m. to six p. m. and from six p. m. 8 to eight a. m. Sec. 2. Upon such declaration being made by the city coun2 cil or other legislative body, the members of the fire depart3 ment shall be divided into two platoons, and the members of 4 said departments shall be assigned to service in said platoons 5 by the superintendent of the department of public safety or 6 chief. The periods of service to each twenty-four hours shall 7 be as follows, to-wit: from eight a. m. to six p. m. and from 8 six p. m. to eight a. m. The superintendent of the depart9 ment of public safety or chief, shall assign one platoon of of10 ficers and members to the period from eight a. m. to six p. m. 11 and the other platoon of officers and members from six p. m. 12 to eight a. m., and the officers and members assigned to each 13 platoon shall alternate on the two hours of duty at intervals 14 of not more than two weeks. 15 No officer or member shall be required to remain on duty 16 for more than fourteen consecutive hours except when changing 17 from one tour of duty to the other, or in case of a conflagra18 tion requiring the services of more than one-half of the de19 partment. The superintendent of the department of public 20 safety or chief is hereby authorized and directed to make the 21 necessary assignments to the two respective platoons. Sec. 3. Nothing in this act shall apply to any city or town 2 which does not maintain and pay for a fire department and 3 employes thereof for full time. 4 This bill shall not affect cities or towns having a population 5 of ten thousand or less. CHAPTER 44 (House Bill No. 276—Mr. Marschner) AN ACT to amend and re-enact sections one, two, three, four, five, six, nine, ten, eleven and twelve of chapter forty-five of the acts of the Legislature of one thousand nine hundred and seventeen, relating to firemen's pension or relief fund and providing for a policemen's pension or relief fund and for the levy of taxes in municipalities therefor. [Passed April 27, 1923. In effect ninety days from passage. Became a law without the approval of the Governor] SEC. 1. 2. 3. 4. 5. 6. 7. Relief fund for firemen and police- Relief fund how maintained; tax SEC. 8. 9. 10. 11. islative body December thirty- No payments to be made until Be it enacted by the Legislature of West Virginia: That sections one, two, three, four, five, six, nine, ten, eleven and twelve of chapter forty-five of the legislature of one thousand nine hundred and seventeen be amended and re-enacted so as to read as follows: Section 1. In any municipal corporation in this state hav2 ing, or which may hereafter have, fire department and a police 3 department, or either of said departments, supported in whole 4 or in part at public expense, the council or other legislative 5 body thereof may, by ordinance, declare the necessity for the 6 establishment and maintenance of a firemen's pension or relief 7 fund, and for a policemen's pension or relief fund, or either 8 of such funds, for the purpose hereinafter enumerated; and 9 thereupon shall be created a board of trustees, or boards of 10 trustees, as the case may be, who shall administer and dis 11 tribute the funds authorized to be raised by this act and suc12 ceeding sections. Sec. 2. The said board of trustees, or boards of trustees, 2 shall be corporations by the name and style of "The Board 3 of Trustees of the Firemen's Pension or Relief Fund of............ or The Board of Trustees of the 4 6 as the case may be (the name of town, village or city), by 7 which names they may sue and be sued, plead and be im8 pleaded, contract and be contracted with, take and hold real 9 estate and personal estate, for the use of said firemen's pension 10 or relief fund or said policemen's pension or relief fund and 11 have and use a common seal. But in the absence of such seal, 12 the private seal of the president of said corporation shall be 13 equivalent to such common seal. Said boards of trustees may 14 also in their corporate names do and perform any and all other 15 acts and business pertaining to the trust created hereby or by 16 any conveyance, devise or dedication made for the uses and 17 purposes of said board. Sec. 3. The said board of trustees of the firemen's pension 2 or relief fund shall consist of the executive officer of any 3 municipal corporation availing itself of the privileges of this 4 act, the chief of the fire department and three other persons, 5 members of the fire department, to be chosen as follows: 6 The executive officer of said municipal corporation shall give 7 notice of an election to be held on the second Monday of the 8 month following the passage of the ordinance mentioned in 9 the first section hereof, which notice shall be served upon each 10 member of the fire department and which shall notify each 11 member that between the hours of nine in the forenoon and 12 six in the afternoon, on the day designated for such election, 13 the election will be held for such purpose and that each mem14 ber shall send under seal, in writing, the names of three per15 sons, members of such fire department voted for, and all votes 16 so cast shall be counted and canvassed by the said executive 17 officer together with the chief of the fire department, who shall 18 announce the result, and the three members of the fire de19 partment receiving the highest number of votes shall, with 20 the said executive officer and the chief of the fire department, 21 constitute "The Board of Trustees of the said Firemen's Pen22 sion or relief fund" for the ensuing year. In case of a tie 23 vote being received by any two persons for the office of trus |