21 in his office. They shall receive four dollars per day for each 22 day necessarily employed as such jury commisssioners, payable 23 out of the county treasury, upon the order of the circuit court. 24 The first appointment of said commissioners shall be made with25 in thirty days after this act takes effect. The jury commissioners 26 of each county shall, at the levy term of the county court thereof 27 annually, and at any other time when required by the circuit 28 court of such county, without reference to party affiliations, pre29 pare a list of such inhabitants of the county, not exempted as 30 aforesaid, as they shall think well qualified to serve as jurors, be31 ing persons of sound judgment and free from legal exception, 32 which list shall include not less than two hundred nor more than 33 six hundred persons. But the name of no person shall be put 34 on such list who shall have been drawn and actually served 35 as a petit juror within a period of two years, or who may have 36 requested the jury commissioners or either of them, by himself 37 or another person, to have his name placed on such list; provided, 38 that in any county wherein there is a criminal or intermediate 39 court or court of common pleas, service on a petit jury in any 40 such court shall not exempt a juror from jury service in the 41 circuit court, nor vice versa. Before entering upon the discharge 42 of their duties the jury commissioners shall take and subscribe an 43 oath to the following effect:

44 State of West Virginia, 45 County of

46

I, A

to-wit: B......

do solemnly

47 swear that I will support the constitution of the United States 48 and the constitution of this state and will faithfully discharge 49 the duties of jury commissioner to the best of my skill and 50 judgment, and that I will not place any person upon the jury 51 list in violation of law, or out of fear, favor or affection.

52

The said oath shall be taken before the clerk of the circuit 52a court, who is hereby authorized to administer the same, and filed 53 and preserved by him in his office. There shall be two jury 54 commissioners for every court of limited jurisdiction, who shall 55 be appointed by said courts, or the judges thereof in vacation, 56 respectively, and whose terms of office and compensation shall be 57 the same as jury commissioners for the circuit courts. The same 58 powers conferred and duties imposed by this chapter upon the 59 circuit courts, or the judges thereof in vacation, and upon the 60 clerks and jury commissioners of the circuit courts, are hereby

61 conferred and imposed upon every court of limited jurisdiction 62 and the judges thereof respectively, and upon the clerks and jury 63 commissioners of said courts of limited jurisdiction.

CHAPTER 125.

(Senate Bill No. 88--Mr. Johnson.)

AN ACT for the prevention of blindness from ophthalmia neona

torum.

[Passed February 17, 1919. In effect ninety days from passage. Approved by the Governor February 20, 1919.]

Be it enacted by the Legislature of West Virginia:

Section 1. That any inflammation, swelling, or unusual red2 ness in either one or both eyes of any infant, either apart from, or 3 together with any unnatural discharge from the eye or eyes of such 4 infant, independent of the nature of the infection, if any, occur5 ring at any time within two weeks after the birth of such infant, 6 shall be known as "inflammation of the eyes of the new-born" 7 (ophthalmia neonatorum).

Sec. 2. It shall be the duty of any physician, surgeon, obste2 trician, midwife, nurse, maternity home or hospital of any nature, 3 parent, relative and persons attendant on or assisting in any way 4 whatsoever any infant, or the mother of any infant at childbirth, or 5 any time within two weeks after childbirth, knowing the condition 6 hereinabove defined to exist, immediately to report such fact in 7 writing, to the local health officer of the county, city, town, magis8 terial district or whatever other political division there may be 9 within which the infant or the mother of any infant may reside. 10 In the event of there being no health officer in the county, city, or 11 town in which the infant resides, midwives shall immediately report 12 conditions to some qualified practitioner of medicine and thereupon 13 withdraw from the case except as they may act under the physi14 cian's instructions. On receipt of such report, the health officer, or

15 the physician notified by a midwife where no health officer exists, 16 shall immediately give to the parents or persons having charge of 17 such infant a warning of the dangers to the eye, or eyes, of said 18 infant, and shall for indigent cases provide the necessary treatment 19 at the expense of said county, city, or town.

'Sec. 3. It shall be unlawful for any physician, or midwife 2 practicing midwifery to neglect, or otherwise fail to instill or have 3 instilled immediately upon its birth, in the eyes of the new-born 4 babe, one or two drops of a one per cent solution of silver nitrate, 5 furnished by the public health council.

Sec. 4. Every physician or midwife shall, in making a report 2 of a birth, state whether or not the above solution was instilled into 3 the eyes of said infant.

2

Sec. 5. It shall be the duty of the local health officer:

(1) To investigate, or have investigated, each case as filed 3 with him in pursuance of the law, and any other cases as may come 4 to his attention.

5

(2) To report all cases of inflammation of the eyes of the 6 new-born, and the result of all such investigations as the public 7 health council shall direct.

8 (3) To conform to such other rules and regulations as the 9 public health council shall promulgate for his further guidance. Sec. 6. It shall be the duty of the public health council: (1) To enforce the provisions of this act.

2 &

2

3

(2) To promulgate such rules and regulations as shall, under 4 this act, be necessary for the purpose of this act, and such as the 5 public health council may deem necessary for the further and prop6 er guidance of local health officers.

༡ (3) To provide for the gratutious distribution of one per 8 cent solution of silver nitrate outfits together with proper direc9 tions for the use and administration thereof, to all physicians and 10 midwives as may be engaged in the practice of obstetrics, or assist11 ing at childbirth.

12 (4) To publish and promulgate such further advice and 13 information concerning the dangers of inflammation of the eyes of 14 the new-born as is necessary for prompt and effective treatment. 15 (5) To furnish copies of this law to all physicians, and mid16 wives as may be engaged in the practice of obstetrics, or assisting 17 at childbirth.

18 (6) To keep a proper record of any and all cases of inflam 19 mation of the eyes of the new-born as shall be filed in the office

20 of the public health council in pursuance of this law, and as may 21 come to their attention in any way, and to constitute such records 22 a part of the annual report to the governor.

23 (7) To report any and all violations of this act as may 24 come to their attention to the prosecuting attorney of the county 25 wherein said misdemeanor may have been committed, and to assist 26 said official in any way possible as by securing necessary evidence, 27 et cetua.

28 (8) To furnish birth certificates which shall include the 29 question "Did you instill in each eye of the infant a one per cent 30 solution of nitrate of silver immediately after birth?"

Sec. 7. It shall be the duty of the clerk of the county court of 2 each county on or before the fifteenth day of each month to certify 3 to the prosecuting attorney of his county all reports of births filed 4 during the preceding calendar month which fail to show that the 5 solution herein before provided for was instilled.

Sec. 8. Whoever being a physician, surgeon, midwife, obste2 trician, nurse, manager or person in charge of a maternity home or 3 hospital, parent, relative, or person attending upon or assisting at 4 the birth of an infant, violates any of the provisions of this act, 5 shall be deemed guilty of a misdemeanor, and upon conviction 6 thereof shall be fined a sum of not less than ten or more than fifty 7 dollars.

CHAPTER 126.

(Senate Bill No. 12-Mr. Sanders.)

AN ACT to amend and re-enact chapter twenty-eight-a of the code of West Virginia of one thousand nine hundred and sixteen codifying and embracing in one act all the general laws relating to the rate and manner of laying levies for taxation in counties, magisterial districts, school districts, independent school districts, and municipal corporations, to provide penalties for the illegal expenditures of public moneys, incurring of illegal obligations and the laying of illegal levies by any taxlevying body, and for the creation and distribution of the general school fund.

[Passed February 13, 1919. In effect ninety days from passage. Became a law without the Governor's approval.]

Be it enacted by the Legislature of West Virginia:

That chapter twenty-eight-a of the code of West Virginia of one thousand nine hundred and sixteen be amended and re-enacted so as to read as follows:

Section 1. The county court of every county, the board of 2 education of every school and independent school district and the 3 common council or other fiscal body in lieu thereof of every 4 municipal corporation, shall hold a session on the second Tuesday 5 in August in each year for the transaction of business generally, 6 and especially for the transaction of business as herein required. Statement and Levies Made by County Courts.

Sec. 2. At such session the county court shall ascertain the 2 condition of the fiscal affairs of the county, and make up an item3 ized statement thereof, which shall set forth in detail:

4

First. The amount due and the amount that will become due 5 and collectable from every source during the current fiscal year ex6 cept from the levy of taxes to be made for the year to the county 7 as a whole and to the road fund and any other fund of any district 8 of the county;

9

Second. The debts and demands owed by the county as a whole 10 and the debts and demands payable out of the road or other fund 11 of any district thereof, including debts and demands that will be12 come due and payable during the year by the county as a whole 13 or out of the funds of any district thereof, including interest on any 14 indebtedness, funded or bonded, or otherwise;

15 Third. All other expenditures under the several heads of ex16 penditures to be made and payable out of the levy of the current 17 fiscal year whether by the county as a whole or out of the road fund 18 or other fund of any district thereof, with proper allowances for 19 delinquent taxes, exonerations and contingencies.