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examination or licensing board of any other state, territory or any foreign country whose standard of qualification for the practice of medicine is equivalent to that of this state, and grant to the said applicant a certificate of license to practice medicine in this state; provided, such states, territories or foreign countries accord like privilege to medical licentiates of this state. The state board of health shall at such times as a majority of them may deem proper,

, hold examinations for the licensing of practitioners of medicine; such examinations shall not be less in number than three during each year, and shall be held at such points in the state as shall be most convenient to those presenting themselves for examination, or to the state board of health; at such examiations written and oral questions shall be submitted to the applicants for license, covering all the essential branches of the sciences of medicine and surgery, and the examination shall be a thorough and decisive test of the knowledge and ability of the applicants. The president and secretary of the state board of health shall issue certificates to all who successfully pass the said examination, and to all those whose certificates said board of health or a majority of them shall accept in lieu of an examination as hereinbefore provided, except that in all the certificates issued to applicants who adhere to the osteopathic school it shall appear that it is for the practice of osteopathy, and such certificates after being duly recorded as hereinafter provided, shall be deemed licenses to practice medicine, surgery and osteopathy in all their branches in this state. The state board of health shall give timely notice of the time and place of holding each such examination, by publishing such notice in at least three newspapers of general circulation in this state, and all such persons wishing to present themselves for examination shall notify the secretary and comply with the rules of the state board of health. No applicant for license to practice medicine in this state shall be rejected because of his or her adherence to any particular school or theory of medicine. The state board of health shall call to their assistance in the examination of any applicant who professes the homeopathic, osteopathic or eclectic school of medicine, a homeopathic, osteopathic or eclectic physician entitled to practice medicine in this state under this act, and such homeopathic, osteopathic or eclectic physician so called to the assistance of the state board of health, shall be allowed the per diem and actual expenses incurred herein before allowed to regular members of the

state board of health; provided, however, that the provisions of this and the preceding section shall not apply to physicians living in other states and duly qualified to practice medicine therein, who shall be called into consultation into this state, by a physician legally entitled to practice medicine in this state under this chapter, and, provided, further, that the provisions of this chapter shall not apply to females practicing midwifery, or to commissioned officers of the United States army and navy and marine hospital service when in the actual discharge of their duties as such commissioned officers; provided, further, that this act shall not apply to osteopathic physicians practicing in the state at the time this act takes effect who are graduates of any recognized, reputable school of osteopathy.

Sec. 11. Every person on presenting himself for examination as hereinbefore provided, shall pay to the state board of health, or to the members thereof by whom he is examined, a fee of ten dollars, which shall not be returned if a certificate be refused him; but he may again at any time within one year after such refusal present himself for examination as aforesaid, without the payment of an additional fee, and if a certificate be again refused him, he may as often as he sees fit thereafter, on the payment of a fee of ten dollars, be examined as herein provided until he obtains such certificate. All other persons who shall be granted a license to practice medicine in this state under the provisions of section nine of this chapter shall each pay a fee of twenty-five dollars to the state board of health.

Section twelve of chapter one hundred and fifty of the code of nineteen hundred and six is hereby repealed.

CHAPTER 67.

(Senate Bill No. 124.)

AN ACT to require an annual apportionment and accounting of

surplus of life insurance companies.

(Passed February 22, 1907. In effect ninety days from passage.

Governor, February 27, 1907.)

Approved by the

SEC.

SEC. 1.

com

3.

4.

5.

6.

Duties of life insurance companies

not applicable to certain as to annual apportionment, etc.

panies. 2. Life insurance companies may ac

Policy holder to select manner and cumulate and maintain a CON

method of application of surplus, tingency reserve, not exceeding,

Default in payment of premiums; etc., percentage of net values ;

rights of insured. insurance commissioner may per

Agreement between company and mit contingency reserve in ex

policy holder, etc. cess of limit; for what period;

Inconsistent acts repealed. Be it enacted by the Legislature of West Virginia:

Sec. 1. Every life insurance company doing business in this state conducted on the mutual plan or in which policy holders are entitled to share in the profits or surplus, shall make an annual apportionment and accounting of divisible surplus to each policy holder, beginning not later than the end of the third policy year on all participating policies thereafter issued; and each such policy holder shall be entitled to and be credited with or paid in the manner hereinafter provided, such a portion of the entire divisible surplus as has been contributed thereto by his policy.

Sec. 2. Any life insurance company doing business in this state may accumulate and maintain, in addition to the capital and surplus contributed by its stockholders and in addition to an amount equal to the net values of its policies, computed according to the laws of the jurisdiction under which it is organized, a contingency reserve not exceeding the following respective percentages of said net values, to-wit:—when said net values are less than one hundred thousand dollars, twenty per centum thereof or the sum of ten thousand dollars, whichever is the greater; when said net values are greater than one hundred thousand dollars, the percentage thereof measuring the contingency reserve shall decrease one-half of one per centum for each one hundred thousand dollars of said net values up to one million dollars; one-half of the per centum for each additional one million dollars up to ten million dollars; onehalf of one per centum for each additional two million five hundred thousand dollars up to twenty million dollars; one-half of one per centum for each additional five million dollars up to fifty million dollars; one-half of one per centum for each additional twenty-five million dollars up to seventy-five million dollars; and if said net values equal or exceed the last mentioned amount, the contingency reserve shall not exceed five per centum thereof; provided, that as the net values of said policies increase and the minimum percentage measuring the contingency reserve decreases such corporation may maintain the contingency reserve already accumulated hereunder,

although for the time being it may exceed the maximum percentage herein prescribed, but may not add to the contingency reserve when the addition will bring it beyond the maximum percentage; provided, further, that for cause shown the commissioner of insurance may at any time and from time to time permit any corporation to accumulate and maintain a contingency reserve in excess of the limit above mentioned for a prescribed period, not exceeding one year under any one permission, by filing in his office a decision stating his reasons therefor and causing the same to be published in his next annual report. This section shall not apply to any company doing exclusively a non-participating business.

Sec. 3. Every policy holder shall on all participating policies hereafter issued, be permittd annually to select the manner and method of the application of the surplus to be annually apportioned to his policy from among those set forth in the policy. All apportioned surplus not actually paid over to the insured, or applied in the reduction of current or future premiums or in the purchase of paid up insurance or pure endowment additions shall be credited to the insured and carried as an actual liability and be paid at the maturity of the policy.

Sec. 4. In event of default in payment of any premium due on any policy, provided not less than three full years' premiums shall have been paid, there shall be secured to the insured without action on his part, either paid up or extended or extended as specified in the policy, the net value of which shall be at least equal to the entire net reserve held by the company on such policy, less two and one-half per centum of the amount insured by the policy and dividend additions, if any, and less any outstanding indebtedness to the company on the policy at time of default.

There shall be secured to the insured the right to surrender the policy to the company at its home office within one month after date of default for the cash value otherwise available for the purchase of the paid up or extended insurance as aforesaid.

Sec. 5. No agreement between the company and the policy holder or applicant for insurance shall be held to waive any of the provisions of this act.

Sec. 6. All acts and parts of acts conflicting with the provisions of this act are hereby repealed.

CHAPTER 68.

(House Bill No. 11.)

AN ACT regulating the manufacture and sale of food, drink,

drugs and against fraud and deception therein, together with the punishment for the violation of such law.

(Passed February 16, 1907.

In effect January 1, 1908. Approved by the Governor,

February 19, 1907.)

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Be it enacted by the Legislature of West Virginia:

Sec. 1. The prosecuting attorney of each county in this state

1 shall have the power, and it will be his duty under this act, to enter during the usual hours of business into any creamery, factory, store, sales-room, drug store or laboratory, or any place where he has reason to believe food, drink or drugs are made, prepared or sold or offered for sale, and to open any case, tub, jar, bottle or package containing or supposed to contain any articles of food, drink or drugs, and examine or cause to be examined and analyzed the contents thereof.

It shall be the duty of the chemist of the state agricultural department to analyze any of the above enumerated articles that may be sent him by the prosecuting attorney, and certify the result of said analysis to said prosecuting attorney.

Provided, that if less than a whole package shall be taken under this section, the sample as taken shall be sealed and prepared in every manner for shipment to the person who shall make the analysis hereinafter provided for. No package taken and prepared for shipment shall be opened before it has been received by the analyst aforesaid. If a whole package be taken it shall not be opened before it has been received by the analyst aforesaid.

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