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Sec. 60. Every person who shall violate any law of this state relating to insurance companies organized under the laws of other states or foreign governments shall be fined not more than five hundired dollars when no other penalty is provided.

Sec. 61. Every insurance company or association, other than fire or life, incorporated under the laws of this state, and having its principal office or place of business within this state, shall have a paid up capital stock of at least one hundred thousand dollars invested in securities as prescribed in section twenty-eight, whose market value shall be at par, and in addition thereto shall maintain a reserve equal to the unearned portion of the gross premium charged for covering all risks written, and shall state on the face of its policies or certificates the agreements with the assured; provided, houever, that accident or accident and health insurance companies which under their policies agree to pay a weekly indemnity, not to exceed ten dollars per week, and a principal sun not to exceed five hundred dollars, may be licensed to transact business within this state by having a paid up capital in cash of ($10,000), ten thousand dollars and provided, their assets are in the opinion of the insurance commissioner, fully sufficient to protect their policy holders, and in other respects they comply with the provisions of this section; and, proridad, further, that no insurance company shall advertise a greater amount of capital stock than the actual paid up capital stock of such company.

Sec. 62. Every insurance company or association other than fire or life, incorporated under the laws of any other state of the United States or any foreign country and having its principal office or place of businesss outside of this state, shall be governed by the laws of this state regulating the admission of foreign fire insurance compa. nies doing business in this state; provided, however, that the form of policy prescribed for fire insurance companies does not apply to the companies or associations covered in this section; but such companies or associations shall state on the face of its policies or certificates the agreements with the assured.

Sec. 63. Every insurance company having its principal place of business in this state and incorporated by an act of the general assembly of Virginia, passed before the twentieth day of June, one thousand eight hundred and sixty-three, or heretofore or hereafter incorporated under and pursuant to any act of the legislature of this state, shall be deemed a domestic company; and every other insurance company a foreign company.

Sec. 64. Every person who shall obtain, or attempt to obtain, from any life or accident insurance company of this state, any money on any policy of insurance issued by it, by falsely or fraudulently representing the insured person as dead, or the person injured against accident as injured or shall fraudulently obtain, or attempt to obtain, any money from such company on a policy of insurance issued in the name of a fictitious person, shall if the sum be obtained or attempted to be obtained be one hundred dollars or more, be imprisoned not more than ten years; and if such sum be less than one hundred dollars he shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both.

Sec. 65. Every insurance company or association incorporated by or organized under the laws of any other state, and admitted to transact business in this state, shall return anuually, on or before the thirty-first day of January, under the oath of its president or secretary, the gross amount of premiums collected and received by it for the previous calendar year of business done in this state; and upon receiving from said commissioner a certificate of the acceptance of said return and of the amount of tax due thereon, said company shall pay said tax to the insurance commissioner on or before the first day of March, and the insurance commissioner may, if he deems best, require from every such company a bond with surety for the payment of said tax.

Sec. 66. Every insurance company or association incorporated by or organized under the laws of any foreign government, which shall have received a license to transact business in this state, shall return annually on or before the thirty-first day of January, under oath to said commissioner, the gross amount of premiums collected and received by such company or association for the previous calendar year, of businesss done in this state; and the resident manager shall annually, on or before the first day of March, pay to the insurance commissioner of this state a license tax of two per centum upon the amount of premiums so collected or accrued, and the commissioner may, if he deem best, require from every such resident manager a bond with surety for the payment of said tax.

Sec. 67. No insurance company or associaiton shall cancel a

policy issued against loss by fire on property in this state without giving the party insured at least five days' notice in writing, of such intention and returning the ratable proportion of the premium of the unexpired term of the policy.

Sec. 68. No fire insurance company shall issue fire insurance policies on property in this state other than those of the form used by fire insurance companies incorporated under the laws of the state of New York, with such changes and additions as the insurance commissioner may deem proper.

Sec. 69. In all policies of insurance issued against loss by fire, made by companies chartered by or doing business in this state, no condition shall be valid unless stated in the body of the policy or attached thereto.

Sec. 70. Every mutual company shall cause to appear in the body of its policy the total amount for which the assured may be liable under the charter of said company.

Sec. 71. It shall be the duty of every assessor to transmit to the insurance commissioner within the week preceding the first day of February in every year, a list of all insurance companies or agents doing businesss within his assessment district.

Sec. 72. The written or printed copies of all papers required by this chapter to be deposited with the insurance commissioner, certified under the hand of such commissioner to be true and correct copies of such papers shall be received as evidence in all courts and places in the same manner and have the same force and effect as the original would have produced.

Sec. 73. Every foreign insurance company doing business in this state shall pay the said commissioner an annual license tax on the amount of the business done in this state, which license tax shall be paid into the state treasury for the benefit of the state fund. The annual license tax of every such company shall be a sum equal to two per cent of the gross premiums received by it on the business written or renewed in this state, less premiums returnable for cancellation.

Sec. 74. The secretary of state of this state, shall not issue a certificate of incorporation to any insurance company or association whose principal place of business is located outside of this state, and shall not issue a certificate of incorporation to any insurance company or association whose principal place of business is located within this state until the insurance commissioner shall have examined the same and become satisfied in his opinion that such company or association is in a position to comply with the laws of this state governing insurance companies, and until such insurance commissioner shall have approved the same in writing.

Sec. 75. Every fire or fire and marine insurance company allthorized to transact business in this state shall, at the time of making its annual report to the insurance commissioner, furnish a statement of the business written in this state and re-insured in other companies, showing the names of such companies, the amount at risk and the amount of premiums thereon, to the end that the state may receive the taxes due on such business.

See. 76. All acts and parts of acts, coming within the purview of this act and inconsistent therewith are hereby repealed.

Whenever the word "company" is used in this act it shall be held to include corporations, associations, partnerships or individuals.

CHAPTER 78.

(Senate Bill No. 171.)

AN ACT to create the department of mines, to provide a more ef

ficient system of mine inspection, to re-district the state for the purpose of mine inspection, and to regulate mining operations.

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

Governor, February 27, 1907.)

Approved by the

SEC.

1.

SEC.
6.

7.

8.

2.

3.

Department of mines created; its

purpose : chief of department of
mines; his compensation and
duties; penalties for violations;
qualifications ; chief

of depart.
ment of mines now in office;
successor ; when to begin; term
of office ; how salary and travel-

ing expenses paid.
District mine inspectors; term of

office; by whom appointed ;
salary : how paid : qualifications

of : removals ; duties; vacancies.
District mine inspectors to make

report; when ; what to contain ;
repert of chief of department of
mines ; where filed; to be print-

ed and distributed.
Mining districts.
Operators to make sull'veys

If
operator neglect or

fail to furnish

map: what then; er pense of making maps : by whom

paid. Plan of proposed developments to

be submitted to district mine in.

spector before made. Duty of mine foreman or assist

ant before beginning work; in experienced persons to work under direction of mine foreman or assistant: when not lawful to allow

persons to work in mines: two openings required: condition of openings ; provisions not applicable under certain conditions ; penalty

for violations. To maintain metal speaking tube,

9.

and maps of mines; what to show ; true copy to be delivered to district mine inspector ; to be surveyed twice a year if mine in operation; what maps to show ; changes to be extended on map held by inspector.

etc.. machinery to be inspected; low often; penalty for viola

tions. Machinery to be in charge of com

petent and sober engineers; no more than ten

persons to ride on cage or cars ; safety holes ; penalty for violation.

4. 5.

10.

SEC. 11.

SEC.
18.

12.

19.

13.

as

20.

or

11.

21.

Provisions for proper ventilation

of mines; penalty for violations ;
amount of powder to be taken
into mine and how carried ;

penalty for violation.
Trecautions to be used in case of

tire damp and other gases; pen

alty for violation.
Fan power to be used for ventila-

tion: ventilaticn to be main-
tained day and night in gaseous
mines; not required to keep fan
going when mine shut down for
repairs; required to employ fire
boss bosses; qualifications ;

duties of ; penalty for violations.
Locked safety lamps to be used in

certain mines; lamps the prop-
erty of operator ; to be in charge

some person designated by
fire boss; at least two lamps
to be kept at every mine; pen.

alty for violation.
Mine foreman to be employed ; his

qualitications and duties; mine
foreman to notify operator of
requirements; duty of operator

to matters complained of;
penalty for violation.
Operator to furnish facilities to

inspector for entering mine;
duty of inspector when mine is
in iinsafe condition; owner or
operator may apply to circuit
court for order directing mine
to be re-opened; notice of hear-
ing, to whom given; duty of at-

torney general.
Boys under fourteen years of age
and female persons not to

be
employed in mine; penalty for
violations.

Employees not to do any act that

endangers life or property ; penalty for violation ; if operator refuse to furnish necessary supplies and loss of life result from such refusal a right of action

for damages may ensue. Intimidation of employees prohibited; provision not construed

to prevent association of persons for lawful purposes;

penalty for violation. Operators to make report on acci

dents; notify coroner; power and duties of mine inspector in case of explosion or accident;

penalty for violation, Operator to make annual reports to the chief of the department of mines ; what reports to con

tain ; penalty for violation. l'enalty for permitting work to be

done in the mine in violation of instructions issued by mine in

spector. Mine inspector to prescribe condi

tions under which solid shooting

to be done. Steam locomotives not to be used

in mines, except, etc. ; penalty

for violation. Operators to adopt rules for gov

ernment and operation of mines; to be posted; penalty for viola

tion. Courts having concurrent juris

diction in all prosecutions; right

of appeal. To what mine laws apply; incon

sistent acts repealed.

15.

23.

as

24.

16.

[merged small][ocr errors]

17.

27.

Be it enacted by the Legislature of West Virginia:

Sec. 1. There is hereby created an executive department to be known as the “Department of Mines” which shall have for its purpose the supervision of the execution and enforcement of all state laws pertaining to the inspection of mines, heretofore and hereafter enacted for the safety of persons employed within or at the mines within this state, and the protection of mine property and other property used in and in connection therewith; and the said department of mines shall be in charge of an official to be known as the chief of the department of mines, who shall have full charge of said department, and who shall superintend and direct the inspection of mines as herein provided and as provided by any other state law not in conflict with this act.

The chief of the department of mines shall keep a record of all inspections made by himself and the district mine inspectors, which shall be a permanent record properly indexed; the record of the de

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