shall, upon conviction, be fined not less than ten nor more than five hundred dollars, or be imprisoned in the county jail not less than ten nor more than ninety days, in the discretion of the court; when any operator of a mine shall in any manner refuse to furnish all supplies necessary for the mine foreman to comply with the requirements of this act after being so requested so to do and by reason of such refusal, loss of life or injury may result to any employee, a right of action for damages may ensue against the operator of the mine wherein such employee has not contributed to his own. injury or loss. Sec. 19. Nor shall any person or persons, or combination of persons, by force, threats, menaces, or intimidation of any kind, prevent or attempt to prevent from working in or about any mine, any person or persons who have the lawful right to work in or about the same, and who desires so to work; but this provision shall not be so construed as to prevent any two or more persons from associating together under the name of knights of labor, or any other name they may desire, for any lawful purpose, or for using moral suasion or lawful argument to induce any one not to work in and about any mine; any person or persons who shall violate the provisions of this section shall, upon conviction, be fined not less than fifty nor more than five hundred dollars, or be imprisoned in the county jail not less than ten days nor more than ninety days, in the discretion of the court. Sec. 20. Whenever by reason of any explosion or other accident in any coal mine, or the machinery connected therewith, loss of life or serious personal injury shall occur, it shall be the duty of the superintendent of the colliery, and in his absence, the mine foreman in charge of the mine, to give notice forthwith, by mail or otherwise, to the inspector of the district, stating the particulars of such accident; and if any one is killed thereby, to the coroner of the county also, or in his absence or inability to act, to any justice of the peace; and the said inspector shall, if he deem it necessary from the facts reported, immediately go to the scene of such accident and make such suggestion and render such assistance as he may deem necessary for the future safety of the men and investigate the cause of such explosion or accident, and make a record thereof, which he shall preserve with the other records of his office; and to enable him to make such investigation, he shall have the power to compel the attendance of witnesses, and to administer oaths or affirmations; and the costs of such investigation shall be paid by the county in which such accident occurred, in the same manner as the costs of the coroner's inquests are now paid; if the coroner or justice shall determine to hold an inquest upon the body of any person killed, as aforesaid, he shall impanel a jury, no one of whom shall be directly or indirectly interested, and the inspector of mines, or the chief of the department of mines, if present at such inquest, shall have the right to appear and testify and to offer any testimony that may be relevant and to question and cross-question any witness; and the coroner or justice shall deliver to the inspector a copy of the testimony and verdict of the jury; any operator, agent, superintendent or mine foreman who shall fail to perform the duty provided in this section shall, upon conviction, be guilty of a misdemeanor, and shall be fined not less than ten nor more than five hundred dollars, or be imprisoned in the county jail not less than ten nor more than ninety days, in the discretion of the court. Sec. 21. The operator or agent of every coal mine shall annually, during the month of July, mail or deliver to the chief of the department of mines, a report for the preceding twelve months, ending with the thirtieth day of June; such report shall state the names of the operators and officers of the mine, the quantity of coal mined and such other information, not of a private, nature, as may from time to time be required by the chief of the department of mines; blank forms of such reports shall be furnished by the chief of the department of mines. At any time any person, company or corporation operating a coal mine shall transfer the ownership of any mine to another person, company or corporation, the person, company or corporation transferring such ownership shall within thirty days make a report to the chief of the department of mines of such change, and a statement of the tons of coal produced since the first of July, last, previous to the date of such sale or transfer of such mine or mines; any operator or agent failing to furnish the reports as required in this section shall be guilty of a misdemeanor and upon conviction, shall be fined not less than fifty nor more than five hundred dollars, or imprisoned in the county jail not less than thirty nor more than ninety days, in the discretion of the court. Sec. 22. Any operator, agent, superintendent or mine foreman having in charge any mine, who shall knowingly permit any per son to work in any part of a mine in violation of instructions issued by the mine inspector, made in compliance with the requirements of this act, shall upon conviction be fined not less than fifty nor more than one hundred dollars for each person permitted to work in violation of such instructions, and any employees who shall work in violation of such instructions shall, upon conviction, be fined not less than ten nor more than fifty dollars. Sec. 23. In any mine in which solid shooting is done the district mine inspector is authorized to prescribe the conditions under which such solid shooting may be done. Sec. 24. No steam locomotive shall be used in mines where men are actually employed in the extraction of coal, except by the consent of the district mine inspector, but this shall not be construed to prohibit any mine owner from operating a steam locomotive through any tunnel, haulway or part of a mine that is not in actual operation and furnishing coal; any operator or agent who violates this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than fifty nor more than five hundred dollars, or be imprisoned in the county jail not less than thirty nor more than ninety days, in the discretion of the court. Sec. 25. There shall be adopted by the operator of every mine in this state special rules for the government and operation of his mine or mines, covering all the work pertaining thereto in and outside of the same, which however, shall not be in conflict with the provisions of the mining laws of this state; such rules when established shall be printed on card board, in the languages spoken by ten or more employees, and shall be posted up in the drum house, tipple or some other conspicuous place about the mines where the same may be seen and observed by all the employees at such mines, and when said rules are so posted the same shall operate as a notice to all employees at such mine of their acceptance of the contents thereof; and it shall be the duty of each mine operator to furnish a printed copy of said rules to each of his employees when requested by either or any of them; any operator or agent who violates the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than fifty nor more than five hundred dollars, or be imprisoned in the county jail not less than thirty nor more than ninety days, in the discretion of the court. Sec. 26. In all prosecutions under this act the circuit court, criminal court and justices of peace have concurrent jurisdiction with right of appeal to circuit court. Sec. 27. The provisions of this act shall apply only to coal mines in which five or more persons are employed in a period of twenty-four hours; but no mine employing less than ten men shall be required to employ a mine foreman. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. CHAPTER 79. (House Bill No. 159.) AN ACT to amend and re-enact sections seventy-eight, seventynine, eighty and eighty-one of chapter fifty-four of the code of West Virginia, as amended and re-enacted by chapter eightythree of the acts of nineteen hundred and one and chapter forty-five of the acts of nineteen hundred and five, relating to banks, trust companies and building associations. [Passed February 19, 1907. In effect ninety days from passage. Approved by the Governor, February 24, 1907.] IV. Board of directors; their powers; qualifications; oath of office. V. Savings banks; cooperative bank- Va. What required of associations SEC. quired before doing business in this state. VI. Penalty for violations of provisions of this act. 79. Stock not to be used as security for loans, except under certain conditions. I. Loans shall not exceed twenty per centum of capital stock, plus, etc. II. Dividends may be declared; at what time and under what conconditions. III. Capital stock not to be impaired; reduction of capital stock can be made as provided by section seventy-eight. IV. Restoration of capital. V. Enforcement of assessment; in what manner. VI. List of stockholders subject to inspection; by whom; list to be transmitted to commissioner of banking; the word "bank”, or "banking" company defined. Banks must at all times maintain 80. III. Office of commissioner; where IV. Examination of banks to be made. VII. Refusal or neglect to make special published in a newspaper, where; cost to be paid by the bank. IX. Certificate of authority; banks beginning business must notify the commissioner; commissioner to make personal examination; his duty after making examination; banks shall not receive deposits before certificate has been issued; penalty for violation. X. Collection of capital stock; how paid; statement of facts to be transmitted to the commissioner. XI. Compensation of commissioner and his assistant; compensation to be paid the state for examintion. XII. Commissioner to make report to the governor; at what time; what to contain. XIII. Report to be verified by the affidavit of said commissioner; what to contain. XIV. Other institutions subject to these provisions. Be it enacted by the Legislature of West Virginia: That sections seventy-eight, seventy-nine, eighty and eighty-one of chapter fifty-four of the code of West Virginia as amended and re-enacted by chapter eighty-three of the acts of nineteen hundred and one and chapter forty-five of the acts of nineteen hundred and five, be amended and re-enacted so that the said sections shall read as follows: Powers. Sec. 78. Every such bank may exercise under the laws of this state, all such incidental powers as may be necessary to carry on the business of banking, by discounting promissory notes, negotiating drafts, bills of exchange and other evidences of indebtedness, receiving deposits, buying and selling exchange, bank notes, bullion or coin, and by loaning money on personal or other security. It shall be unlawful for any individual doing business in this state, to use in connection with such business the term "bank,' "banking company" or "trust company," until they shall have taken out a charter and complied with the statutes governing banks and trust companies; any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than five hundred dollars nor more than one thousand dollars, or be confined in the county jail for a |
