Page images
PDF
EPUB

Horticulture (chap. 109, p. 308, approved March 17, 1897).-An act to promote the fruit growing and horticultural interests of the State of Washington, to provide for the appointment of a commissioner of horticulture, to repeal certain laws in conflict therewith. The first seven sections are substantially new.

Section 8 makes it a misdemeanor to import into the State fruit trees, plants, or nursery stock in violation of this act: Penalty, $25 to $100.

Penalty unchanged.

Section 9 makes it a misdemeanor for any agent to offer nursery stock for sale without license: Fenalty, fine not exceeding $100.

Reenacted without change.

Section 12 requires owners to disinfect premises or property when required. Violation, misdemeanor: Penalty, fine $5 to $50. The cost of such disinfection shall be a lien againt said premises.

NOTE. Similar to section 3, chapter 51, 1895. Former penalty, fine $25 to $100, with costs of action. SEC. 13. Sale of infected stocks is made a misdemeanor: Penalty, $25 to $200 or imprisonment in the county jail from sixty days to one year, provided that for each repeated offense the person or persons convicted may be punished by a fine of $100 to $200 or imprisonment not to exceed two years. Any person who shall sell, offer for sale, or give away any tree or trees, roots, grafts, cuttings, or scions infested with insect pests, spores, or fungous growth shall be guilty of a misdemeanor: Penalty, fine $5 to $25 or imprisonment in county jail ten to thirty days. A repetition of the offense shall subject offender to increased penalty, not over the maximum above stated.

NOTE.-Penalties slightly modified.

Bond and surety companies (chap. 114, p. 332, approved March 17, 1897).-Provides that guarantee and surety companies may go on all bonds.

Section 7 makes it unlawful for any surety corporation to transact business without complying with the provisions of the act. Violation, misdemeanor: Fine, $100 to $500.

Code of public instruction (chap. 118, p. 356, approved March 19, 1897).-This act is a compilation and reconstruction of all acts that have been passed concerning education. It consists of 258 sections and covers 93 pages of the laws of 1897. It is carefully and symmetrically constructed and covers the entire field of public instruction in the State. Of course, in this report those sections alone are dealt with which contain penalties.

SEC. 159. Any member of the State board of education or any employee of the State who shall disclose questions prepared for examination shall be guilty of a misdemeanor: Fine, $100 to $500.

SEC. 160. County superintendents failing to make reports to the superintendent of public instruction as required forfeit $50 from their salary.

SEC. 161. Officers failing to pay over money received as required by law forfeit double the amount so withheld and interest thereon at the rate of 5 per cent per month during the time of withholding the same.

SEC. 162. If the directors of any district fail to make provision for the teaching of hygiene with special reference to the effects of alcoholic drinks, stimulants, and narcotics upon the human system, it is made the duty of the county treasurer to refuse to pay any warrants drawn upon him by the board of directors of such district. When the county superintendent is satisfied that the board of directors are complying with the provisions of said section of this act, he shall notify the county treasurer, who shall thereupon honor the warrants.

SEC. 163. Any county superintendent failing to comply with the provisions of the preceding section enforcing the teaching of hygiene shall be liable to a penalty of $100, to be recovered in a civil action.

SEC. 164. In case the district clerk fails to make certain reports at the proper time he shall forfeit the sum of $25 for each failure.

SE 165. Failure of any school officer to deliver books, papers, records, and money pertaining to his office to his qualified successor a misdemeanor: Penalty, fine not exceeding $100.

SEC. 166. Any teacher failing to enforce the course of study or the rules and regulations of the State board of education shall not be allowed by the directors any warrant for salary due until said teacher shall have complied with said requirements. SEC. 167. Any teacher administering undue punishment to a pupil, or who shall inflict punishment on the head or face of the pupil, shall be deemed guilty of a misdemeanor: Penalty, fine not exceeding $100.

SEC. 168. Any teacher failing to attend once in each year an institute in some county

of the State shall forfeit his certificate, unless on account of sickness or for some good and sufficient reason.

SEC. 169. Any parent, guardian, or other person who shall insult a teacher in the presence of the school or anywhere on the school grounds or premises, guilty of a misdemeanor: Fine $10 to $100.

SEC. 170. To disturb any school or school meeting, a misdemeanor: Penalty, fine $50.

SEC. 171. Persons neglecting to keep children in school as provided by law, guilty of a misdemeanor: Penalty, $10 to $25 for each offense.

SEC. 172. Pupils defacing property are liable to suspension and punishment and parents liable to damages.

SEC. 173. Violation of provisions relating to vivisection and dissection in schools, a misdemeanor: Penalty, $50 to $100.

SEC 174. Any district using text-books other than prescribed by the State board of education shall forfeit 25 per cent of their school fund for that or the subsequent year.

SEC. 227. Trustees shall have no pecuniary interests in any contract. Penalty, $500.

Violation:

SEC. 256. Any parent, guardian, school superintendent, or county commissioner who shall without a proper cause fail to carry into effect the provisions of this act shall be deemed guilty of a misdemeanor: Penalty, $50 to $200, in the discretion of the court.

General game law (chap. 52, p. 82, approved March 11, 1897).-A general game law revising previous legislation modifying the close season. Protects large game, birds, and song birds. The close season for large game is between November 1 of any year until September 1 of the following year. The hunting of moose, elk, caribou, antelope, mountain sheep or goat, or deer with dogs is made a misdemeanor. The hunting of deer at night is prohibited, and it is made unlawful for any person to kill more than four deer, or more than two elk, moose, antelope, caribou, or mountain sheep or goat during the open season, or any spotted fawn at any time. Fire hunting, trapping, and ensnaring are forbidden, or killing for hides. These last provisions are new. The close season for birds of all kinds is indicated and nest robbing is forbidden. Certain birds are not to be killed at any time before 1900. Song birds are protected.

SEC. 18. Penalty for violations, $10 to $100, with costs of prosecution, and in default of payment, imprisonment in the county jail one day for each $2 of such fine. NOTE.-Penalty the same. Increased authority is given to county game wardens.

Protection of sturgeon (chap. 73, p. 200, approved March 16, 1897).-Section 1 protects sturgeon between March and November: Penalty, $20 for each sturgeon taken.

Section 2 makes it unlawful to take at any time or kill young sturgeon under 34 feet in length, and any person who is using nets, fish wheels, or other apparatus finding young sturgeon under 4 feet in length entangled or caught therein shall immediately, with care, disentangle and let loose the same and transmit the fish to the water without violence. Any person having in his possession young sturgeon under 4 feet in length, either for consumption or for sale, or is known willfully to destroy the same shall be punished with a fine of $10 for each fish. In default of payment, imprisonment in the county jail for thirty days.

Salmon (chap. 82, p. 214, approved March 16, 1897).-Regulates the catching of salmon. Amends or repeals previous legislation. Defines the limits of traps in which traps, weirs, fish wheels, etc., may be used.

Section 2: Penalty, $100 to $500.

Section 3 authorizes the use of such traps, nets, fish wheels, etc., where not otherwise prohibited, but a license must first be obtained from the fish commissioner. No license to be issued to persons not citizens of the United States unless such person has declared his intention to become such, and has been for one year immediately prior to the time of the application an actual resident of the State. But licenses may be issued to women, minors, or Indians, residents of the State for one year previous. Meshes must not be less than 3 inches stretch measure. Violation, misdemeanor: Penalty, $50 to $100.

NOTE.-The proviso as to women, minors, and Indians is new.

Failure to obtain license, a misdemeanor. Violation of regulations concerning the structure of set nets, weirs, fish wheels, traps, etc., a misdemeanor punishable by the same penalty, $50 to $100.

Relating to the oyster beds (chap. 107, p. 298, approved March 17, 1899).—An act to secure to the public the continued use of natural oyster beds.

Section 1 provides for the appointment by the governor of a board known as the "Board of Oyster Land Commissioners," to be appointed in any county upon petition of the county commissioners and to consist of three residents of the county who shall have been engaged in the cultivation of oysters for at least five years.

The Board receives no compensation except mileage. The act defines the powers and duties of the Board.

Section 12 authorizes them to issue licenses and makes it unlawful to remove oysters without such license: Penalty, fine $20 to $100.

Section 22 makes it unlawful to gather with any tool or implement or in any way whatever oysters from any natural oyster bed except the person so gathering shall be on and working from a boat or water craft of some kind, said water craft being afloat during the time he is gathering; Penalty, fine $100 to $400, and at discretion of the court imprisonment in county jail two to six mouths; one-half of fine to go to informer.

WEST VIRGINIA.

1897.

Felony defined.-Such offenses as are punishable with death or confinement in the penitentiary are felonies. All other offenses are misdemeanors. (Code (1891), Chap. CLII, 1.)

Punishment for misdemeanor.-The term of confinement in jail of a person found guilty of a misdemeanor, where that punishment is prescribed, shall, unless otherwise provided, be ascertained by the court, and the amount of fine, where the punishment is by fine, shall, except where it is otherwise provided, be assessed by the court, so far as the term of confinement and the amount of the fine are not fixed by law. (Ibid., 22.)

Contagious diseases among animals.-An act to prevent the spread of contagious diseases among domestic animals. (Chap. 9, p. 49, approved February 22, 1897.) Act defines duties of secretary of board of agriculture and his powers as to places and animals infected; also rules of quarantine. Interference with officer or any violation of law a misdemeanor, punishable by imprisonment not exceeding three months, or fine not exceeding $100, or both.

Jumping off trains.-An act to prevent the jumping on and off of trains. (Chap. 10, p. 50, approved February 20, 1897.)

Any person not a passenger or employee jumping on or off trains to be deemed a disorderly person, punishable by a fine not exceeding $25, or by an imprisonment not exceeding thirty days, or both.

Administration of anæsthetics.-An act to prevent the administering of anæsthetics or narcotics to females by any physician or dentist, except in the presence of some third person. (Chap. 11, p. 50, approved February 19, 1897.)

Penalty, fine not exceeding $100, or imprisonment in county jail not more than sixty days, or both.

Bicycle law. An act providing a bicycle law for the State of West Virginia. (Chap. 12, p. 51, passed February 26, 1897, and became a law without the governor's approval.)

Riding a bicycle in certain streets faster than 12 miles an hour, or without an alarm bell, or on the sidewalks, forbidden: Penalty, fine not exceeding $25 for each offense and damages.

Section 2 defines "sidewalks."

Section 3 grants mayor or council the power to issue permits to ride on certain streets at any rate of speed; also to allow children's velocipedes on sidewalks.

Section 5 provides that no city or town can have power to make any ordinance respecting use of bicycles except as provided in section 3 of this act.

Section 6 forbids throwing upon any public way glass, scrap iron, nails, tacks, wire, paper, or offensive paper of any kind.

Penalty, not more than $2 for each offense.

Lobbyists.-An act to prevent lobbyists from occupying the floor of either house of the legislature while in session. (Chap. 14, p. 55, passed February 22, 1897, and became a law without governor's approval.)

Penalty, on conviction, not less than $50 nor more than $200, and imprisonment in county jail for not less than ten days nor more than six months.

Protection of owners of bottles, etc.-An act for the protection of persons dealing in mineral waters, malt liquors, and other beverages in bottles. (Chap. 15, p. 56, approved February 6, 1897.)

The act makes provision for any person or firm bottling beverages for sale without the sale of the bottle, to have a trade-mark, and forbids any other person or firm using that trade-mark without written consent of the proprietor: Penalty, fine of not less than $20 nor more than $200 for each offense and liability for damage.

Section 5 declares it a misdemeanor for any person, without permission of the owner, to refill with mineral waters, malt liquors, or other beverages any such bottle so marked, etc: Penalty, fine not exceeding $100; if convicted a second time, to be confined in county jail not exceeding one year.

Hats and bonnets at theatrical performances.-An act requiring the removal of hats and bonnets during theatrical or other performances where admission is charged, and prescribing penalties for violation thereof. (Chap. 16, p. 58, approved February 22, 1897.)

Penalty for this misdemeanor, a fine of not less than $2 nor more than $10. Practice of dentistry.—An act to amend and reenact section 29 (a) of chapter 150 of the Code of West Virginia in regard to the practice of dentistry. (Chap. 29, p. 79, passed February 20, 1897, and became a law without the governor's approval.) The act makes it unlawful for anyone to practice dentistry unless having obtained a certificate as provided in this act: Penalty, fine of $50 to $200 or imprisonment in jail for not less than one nor more than three months, provided that any person so convicted shall not be entitled to any fee for services rendered, etc. All fines to inure to the common school fund.

NOTE.-Former penalty not less than $10 to $100.

Cruelty to animals.-An act to amend and reenact section 14 of chapter 149 of the Code of West Virginia. (Chap. 32, p. 88, approved February 20, 1897.) Making abuse of domestic animals a misdemeanor: Penalty, $5 to $100 or imprisonment in jail not exceeding six months.

NOTE.-Former penalty not less than $50.

Cruelty to children.-An act for the prevention of cruelty to children and providing for their proper care, education, and maintenance in certain cases. (Chap. 33, p. 89, approved February 22, 1897.)

Directors and trustees may receive into their custody children under 16 (former age 14). Any person enticing children from the legal custody of such directors or guardians shall he guilty of a misdemeanor and liable to a fine of $10 to $100 or imprisonment in county jail from one to six months. Section 4 directs as to the placing of these children.

Houses of ill-fame.-An act to amend and reenact section 10 of chapter 149 as amended and reenacted by chapter 8, acts of 1893. (Chap. 35, p. 91, passed Febru

ary 26, and became a law without the governor's approval.)

Act prohibiting the keeping of a house of ill-fame: Penalty, fine not exceeding $200 or imprisonment in jail not exceeding one year. Any person living, boarding, or loitering in a house of ill-fame shall be guilty of a misdemeanor and fined not exceeding $25.

Justices to have no jurisdiction in cities and towns of 25,000 population.

Plugging abandoned wells.-An act to amend and reenact sections 1, 2, 3, 4, and 5 of chapter 106 of the acts of 1891, an act entitled "An act to regulate the drilling, maintenance, and operation of wells for the production of oil, gas, salt water, or mineral water, requiring the same to be plugged when abandoned or not operated, prohibiting the waste of natural gas, and imposing penalties and providing remedies for neglect or refusal to case, plug, or shut in wells." (Chap. 58, p. 114, passed February 26, 1897, and became a law without the governor's approval.)

Penalty, fine of $100, with costs of suits.

NOTE.-Former penalty, fine of $200 for each thirty days during which such violation should

continue.

Mine ventilation and inspection.-An act concerning mine ventilation and inspection. An act amending previous acts on the same subject, changing amount of bonds, salaries, etc., but in the main new legislation. Provides for inspection and reports of inspectors. (Chap. 59, p. 117, passed February 17, 1897, and became a law over governor's veto.)

Penalty against chief for violation of this act, fine of not less that $25 nor more than

$200 and, in the discretion of the court, imprisonment in county jail not exceeding

one year.

Failure of inspector to perform his duty, fine of not less than $100 nor more than $500 and dismissal from office.

Militia law. An act to amend and reenact and consolidate into one chapter chapters 18 and 19 of the code of West Virginia, concerning the military force of the State. (Chap. 61, p. 120, approved February 25, 1897.)

Substantially a new act. Among the changes: Enrolling officers allowed 2 instead of 3 cents per name as compensation.

Refusal to give information as to persons liable to be enrolled, a misdemeanor. SEC. 41. Any officer neglecting to properly account for any military property he shall have received shall forfeit a sum not to exceed twice the cost of the same.

SEC. 42. Whoever shall secrete, sell, or dispose of military property, etc., shall be guilty of a misdemeanor and forfeit to the State twice the cost of the same.

SEC. 43. Any person not a member of the National Guard wearing the uniform without permission, or, if a member, wearing it when off duty without permission, shall be subject to a fine of not more than $10.

SEC. 52. No other military organization, except as provided for in this act, shall be formed in West Virginia. Penalty, fine not exceeding $25, or by imprisonment not exceeding six months.

SEC. 61. When the National Guard is on duty and missiles are thrown at them by any assemblage, and the person throwing such missile does not retire at once when ordered, he shall be held guilty of a misdemeanor, and if he remains after, shall be considered guilty of a felony and liable to imprisonment in the penitentiary for not less than one nor more than two years.

Section 73 provides for the trials and penalties of commissioned officers. For any of the sixteen offenses enumerated the officer may be cashiered, and may be fined to any amount not exceeding $100, or to all such fines or penalties.

Section 74 provides for the trials of enlisted men, and for any of the seven enumerated offenses an enlisted man may be dishonorably discharged from the ranks, and, if a noncommissioned officer, fined to an extent not exceeding $50, or all or either of such fines or penalties.

SEC. 79. Enlisted men absenting themselves from drill, etc., without proper excuse, may be fined not more than $5 nor less than $1 for each day of such absence or delinquency.

SEC. 81. Any person other than a member of the National Guard using indecorous language before a military court, interrupting proceedings, etc., may be arrested and be liable to fine of $5 to $50, or imprisonment in jail not exceeding thirty days, or both.

School-book board.-An act to establish a school-book board in every county of the State and to prescribe its duties, to provide for the sale of school text-books, and to provide penalties for violations of this act. (Chap. 62, p. 151, approved February 22, 1897.)

Section 9 provides that every publisher entering into contract with any board under the provisions of this act shall give a bond in the penalty of $10,000 for the faithful performance of such contract.

Section 11 provides that certain depositaries shall keep school books on hand, and shall execute a bond in the penalty of double the value of the books which he will probably have on hand at one time, but in no event of a penalty less than $100. Section 19 provides that any publisher, school officer, depositary, dealer, teacher, or other person violating the provisions of this act shall be guilty of a misdemeanor and liable to a fine of from $5 to $50.

Compulsory education.-An act to amend chapter 45 of the code of West Virginia, entitled "Of Education," by adding section 10 (a) thereto, relating to compulsory attendance. (Chap. 98, p. 205, passed February 20, 1897, and became a law without the governor's approval.)

Penalty for neglect of this duty, fine of $2 for first offense and $5 for each subsequent offense. It is further made the duty of every trustee and teacher to inform against anyone so offending, and upon failure so to do they shall be guilty of a misdemeanor, and be fined not exceeding $5: Provided, etc.

Municipal penalties.-Under various city and town charters enacted by the legislature powers are conferred upon the city or village authorities to enact ordinances and to impose penalties for the violation of the same. In chapter 101, amending the charter of the town of Clarksburg, it is provided that no fine shall be imposed exceeding $20, and that no person shall be imprisoned more than thirty days for any one offense. (P. 230, acts 1897.)

1

« PreviousContinue »