institution, or who, without authority from the directors, issues or puts in circulation any of the notes of any bank or other institution, or who, without such authority, issues or puts forth any certificates of deposits, draws any order or bill of exchange, makes any acceptance, assigns any note, bond, draft, bill of exchange, mortgage, judgment or decree of any bank or other institution mentioned in this act, with intent in either case to injure or defraud the bank or other institution or any other company, body politic or corporate, or any individual person, or to deceive any officer of any bank or other institution or any agent appointed to examine the affairs of such bank or other institution, and every person who, with like intent, in any way aids or abets any officer, clerk or agent in the violation of this section, shall be deemed guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary not less than five nor more than ten years. Sec. 81-a-XVIII. Any officer, agent or clerk of any bank mentioned in this act who shall wilfully certify any check drawn upon such bank, unless the person, firm or company drawing the same has on deposit with the bank at the time such check is certified, an amount of money equal to the amount certified in such check, or shall certify such check before the amount thereof shall have been regularly entered to the credit of the person, firm or company drawing the same, upon the books or deposit slips of the bank, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars or imprisoned in the county jail not more than one year, or both, in the discretion of the court. Sec. 81-a-XIX. It shall be unlawful for any bank, banking company or trust company, doing business in this state, to issue a certificate of deposit for the purpose of borrowing money. Sec. 81-a-XX. Any violation of this act for which a penalty is not herein elsewhere specifically provided, shall be deemed a misdemeanor and any person convicted thereof shall be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned in the county jail not less than one month nor more than six months. All acts and parts of acts coming within the purview of this act and inconsistent therewith are hereby repealed. (House Bill No. 56.) CHAPTER 22. AN ACT to amend and re-enact section seven of chapter one hundred and twenty of the code of West Virginia, as amended and reenacted by chapter thirty-four of the acts of one thousand nine hundred and nine, relating to the appointment, removal and compensation of assistants to prosecuting attorneys. (Passed February 15, 1913. In effect ninety days from passage. Approved by the Governor February 17, 1913.) SEC. 7. Assistant prosecuting attorney may be appointed; oath; may be removed; compensation; who shall manage and control prosecutions; appointment of attor SEC. ney to prosecute where prosecuting attorney and assistant are disqualified; employment of attorneys by individuals to assist in prosecution. Be it enacted by the Legislature of West Virginia: That section seven of chapter one hundred and twenty of the code of West Virginia be amended and re-enacted so as to read as follows: Sec. 7. Any prosecuting attorney may, with the assent of the county court of his county, entered of record, appoint one practicing attorney to assist him in the discharge of his official duties for and during his term of office, and such assistant shall take the same oath of office and may perform the same duties as his principal; and he may be removed from office as such assistant at any time by his principal; and further, he may be removed from office as such assistant by the circuit court of the county in which he is appointed, for any cause for which his principal might be so removed. The compensation of such assistant shall be paid by the principal from the income of the office, except in the counties of Cabell, Fayette, Kanawha, Marion, McDowell, Mercer, Mingo, Raleigh, Wood and Ohio; and in said counties the county court thereof shall allow annually to such assistant such compensation to be paid out of the county treasury as is deemed reasonable by the county court in the counties of Fayette, Kanawha, Marion, McDowell, Mingo, Wood and Ohio, not less than one thousand nor more than two thousand dollars annually; and in the counties of Cabell, Mercer and Raleigh not to exceed the sum of one thousand dollars annually. The prosecuting attorney and his assistant (if he have one) shall manage and control all prosecutions for crimes and misdemeanors tried in the circuit court, or in any other court, having concurrent jurisdiction with the circuit court of the trial of crimes and misdemeanors, of any county, for which such prosecuting attorney was elected or appointed. Provided, that in any case in which it would, in the opinion of the court, be improper for the prosecuting attorney and his said assistant (if he have one) to act, or if he should be ill and unable to act, such court shall appoint some competent practicing attorney to prosecute such case, and upon the performance of the service for which he was appointed, said court shall certify that fact, with its opinion of what would be a reasonable allowance to such attorney for the service rendered, to the county court of the county, and such sum or a different sum, when allowed by the county court, shall be paid out of the county treasury. Provided, further, that nothing in this section shall be construed to prohibit the employment by any person, of competent attorneys to assist in the prosecution of any person or corporation, charged with crime. (House Bill No. 97.) CHAPTER 23. AN ACT to regulate the use of common drinking cup and to prevent the communication of infectious diseases. (Passed February 19, 1913. In effect ninety days from passage. Approved by the Governor February 22, 1913.) SEC. SEC. 3. 1. Use of common drinking cup pro- 2. Penalty for failure to observe the Be it enacted by the Legislature of West Virginia: Sec. 1. That the use of the common drinking cup, an undoubted source of communication of infectious diseases, is hereby prohibited in all public places, upon all railroad trains and boats carrying passengers, in all public buildings of every description, and at public drinking springs and fountains within this state. The state board of health shall have full authority to establish rules and regulations to make this prohibition effective, as in their judgment may seem wise and proper. Sec. 2. All persons, firms or corporations failing to observe the provisions of this act, or the rules and regulations of the state board 1 of health made in relation thereto, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten nor more than fifty dollars for each offense. Sec. 3. All acts and parts of acts inconsistent herewith are hereby repealed. (House Bill No. 104.) CHAPTER 24. AN ACT to amend and re-enact sections one, three, four, five, six, sixteen and nineteen of chapter one hundred and fifty, of the code of one thousand nine hundred and six, as amended and re-enacted by the acts of the extra session of the legislature of one thousand nine hundred and seven, in chapters eleven and twelve, and by the acts of the legislature of one thousand nine hundred and nine, at its regular session, in chapters seventy-two and seventythree, relating to the state and local boards of health, and offenses against the public health, and to add four new sections to be known as seven-a, nineteen-a, twenty-one-a and twenty-one-b to said chapter. (Passed February 19, 1913. In effect ninety days from passage. Approved by the Governor February 20, 1913.) Be it enacted by the Legislature of West Virginia: Sec. 1. There shall be a state board of health in this state, consisting of two physicians residing in each of the congressional districts thereof, and until such a time as a bill redistricting the state is passed by the legislature, two members at large. Said physicians shall be graduates of reputable medical schools, and shall have practiced med icine for not less than six years continuously before their appointments, and no two members shall be residents of the same county when appointed; any member of this board moving into a county already the residence of another member, shall vacate his office. The governor shall, in the month of May, in the year one thousand nine hundred and thirteen, appoint said physicians who shall be divided into two classes, each class consisting of one physician from each congressional district, and until such a time as a redistricting bill is passed, one at large. The term of office of each class shall begin on the first day of June, in the year of their appointment. The term of office for the first class shall continue two years and of the second class four years, and until their successors are appointed and qualified. When the term of office of either class, or of any of said physicians, expires, the governor shall appoint their successors for the succeeding term. The governor may in like manner appoint physicians to fill any vacancy that may occur in the board, but any appointment to fill a vacancy shall be for the unexpired term. The term of office of the members of the state board of health, now in office, shall be continued by the governor for the term of their appointment, but at any time upon a rearrangement of district lines, or the formation of a new district in which two or more of the members live whose term of office expires at the same time, the governor shall have authority to remove, appoint or regulate the offices in conformity to this act. Sec. 3. Said board shall on a day to be fixed by them in every two years, elect from their own number, a president who shall hold his office for the term of two years, and until his successor has been elected and entered upon his duties. The board shall also have a secretary named by the governor, from one of their number, who shall be ex officio state health commissioner, and as such exercise all the powers conferred upon him by this chapter, carry out all rules, regulations and orders of the board, and exercise all other powers pertaining to offices of like kind. Said secretary shall be, when appointed, a physician in active practice; but during the term of his office the secretary shall devote his whole time to the duties of the office. The said board shall be a corporation by the name and style of the "state board of health of West Virginia," and have and use a common seal, and as such corporation may sue and be sued, contract and be contracted with, plead and be impleaded with, to the extent of the powers conferred upon them by this chapter. Said board may make and adopt all necessary rules, regulations and by-laws, not inconsistent with the laws or the |