shall be liable to such employee, in a civil action, in double the amount of the charges made and paid for such goods or supplies, in excess of the reasonable or correct value in cash, thereof.

SECTION 1. All persons, firms, corporations, or associations, in this State, engaged in mining coal, ore or other minerals, or mining and manufacturing them, or either of them, or manufacturing iron or steel, or both, or any other kind of manufacturing, shall pay their employees as provided in this act.

SEC. 2. All persons, firms, companies, corporations or associations, engaged in the business aforesaid, shall settle with their employees at least once in every two weeks unless otherwise provided by special agreement, and pay them the amount due them for their work or services in lawful money of the United States, or by cash order as described and required in the next succeeding section of this act: Provided, That nothing herein contained shall affect the right of an employee to assign the whole or any part of his claim against his employer.

SEC. 5. If any firm, company, corporation or association shall refuse for the space of twenty days to settle and pay any of their said employees at the intervals of time as provided in section two of this act, or shall neglect or refuse to redeem any cash orders herein provided for, within the time specified, if presented, and suit should be brought for the amount overdue and unpaid, judgment for the amount of said claim proven to be due and unpaid. with legal interest thereon until paid, shall be rendered in favor of the plaintiff in such action: Provided further, That the cash order herein provided for, given for payment of labor, if the laborer continues to hold the same, in case of the insolvency of the company, or person, or firm, or corporation giving same, such laborer shall not lose his lien and preference under existing laws,

Miners' hospitals.

(Page 1089.)

SECTION 1. There shall be established, and maintained at the expense of the State, three hospitals, to be known as miners' hospitals, and located as follows: One in the Flat Top coal region. either in McDowell or Mercer county, which shall be known as miners' hospital No. 1; one in the New River coal region, either in Fayette or Kanawha county, which shall be known as miners' hospital No. 2; one in the Fairmont coal region, in the county of Marion, which shall be known as miners' hospital No. 3. The actual or specific location of each of said hospitals is to be determined by the respective boards hereinafter provided for.

SEC. 2 (as amended by chapter 57, Acts of 1901). Each of said hospitals shall be under the control of a board of directors, as hereinafter provided. The governor shall, on the tenth day of March, 1901, or as soon thereafter, as convenient, and every four years thereafter, nominate, and by and with the advice and consent of the senate appoint, four directors for each of said three boards, whose term of office shall begin on the first day of April next after their appointment and continue for four years and until their successors are appointed and qualified. Not more than three of the directors of any of said boards shall belong to the same political party. No person shall be appointed a director who is not a citizen and voter of this State. Each director before entering on the discharge of the duties of his office shall take the oath prescribed by law, which oath shall be filed in the office of the secretary of state. The term of office of the directors now in

office shall expire on the thirty-first day of March, nineteen hundred and one.

SEC. 3. Each of said boards shall, within a reasonable time after their appointment, select a site for the location of their respective hospitals at the points respectively named in the first section. Such location shall be convenient for railroad transportation and contain at least one acre of land, and when so selected the said board shall respectively cause the land so selected to be conveyed to the State by apt and proper deeds of conveyance, and shall cause the same to be recorded in the proper county: Provided, That the land for the sites aforesaid shall be donated to the State free of cost.

SEC. 5 (as amended by chapter 51, Acts of 1903). It shall be the duty of the board of directors of each of these hospitals to admit, under their rules and regulations, persons requiring hospital care; and to treat free of charge persons accidentally injured, in this State, while engaged in their usual employment or occupation, but preference at all times to be given to persons accidentally injured. SEC. 7. Each of said boards shall, on the first day of January of each year, make a report to the governor showing the condition of the hospital under its charge, the number of patients which may have been treated during the next preceding year, an itemized statement of the costs of running the hospital, and any other information which the board may deem proper to report, or which the governor may require to be reported; and the governor shall, at any time, call upon the said board for information and report as to any matter which he desires to be advised, and upon such demand being made, it shall be the duty of the said boards to make the report and furnish the information so requested by the governor.

Hours of labor on public works.

(Page 1146.)

Sites.

Admission.

Reports.

service.

SECTION 1. Eight hours shall constitute a day's work for all la- Eight hours a borers, workmen, and mechanics, who may be employed by or on day's labor. behalf of the State of West Virginia. SEC. 2. The service and employment of all laborers and me- Unlawful to chanics who are now or may hereafter be employed by or on be- require longer half of the State of West Virginia or by any contractor or subcontractor upon any of the public works of the State of West Virginia is hereby limited and restricted to eight hours in any one calendar day, and it shall be unlawful for any officer of the West Virginia State government or any such contractor or subcontractor whose duty it shall be to employ, direct or control the service of such laborers or mechanics to require or permit any such laborers or mechanics to work more than eight hours in any calendar day, except in case of extraordinary emergency.

SEC. 3. Any officer or agent of the State of West Virginia or any contractor or subcontractor whose duty it shall be to employ. direct, or control any laborer or mechanic employed upon any of the public works of the State of West Virginia who shall intentionally violate any provision of this act, shall be deemed guilty of a misdemeanor, and for each and every such offense shall, upon conviction, be punished by a fine not to exceed one thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment, in the discretion of the court having jurisdiction thereof.

ACTS OF 1901.

CHAPTER 5.—Trade-marks, etc., of trade unions.

Penalty.

bidden.

for

SECTION 1. Whenever any person, firm or corporation, or any as- Counterfeitsociation or union of workingmen, has heretofore adopted or used, ing etc., or shall hereafter adopt or use any label, trade-mark, term, design, device or form of advertisement for the purpose of designating,

Penalty.

Copies of labels, etc., to be filed.

Certificates.

making known, or distinguishing any goods, wares, merchandise or other product of labor, as having been made, manufactured, produced, prepared, packed or put on sale, by such person, firm, corporation or association or union of workingmen, or by a mem ber or members of such association or union, and shall register the same as provided in section three of this act, it shall be unlawful to knowingly counterfeit or imitate such label, trade-mark, term, design, device or form of advertisement, or to knowingly use, sell, offer for sale, or in any way utter or circulate any counterfeit or imitation of any such label, trade-mark, term, design, device or form of advertisement.

SEC. 2. Whoever so knowingly counterfeits or imitates any such registered label, trade-mark, term, design, device or form of advertisement; or knowingly sells, or offers for sale, or in any way utters or circulates any counterfeit or imitation of any such registered label, trade-mark, term, design, device or form of advertise ment; or knowingly keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor to which or on which any such counterfeit or imitation is printed, painted, stamped or impressed: or knowingly sells or disposes of any goods, wares, merchandise or other product of labor contained in any box, case, can or package to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed or knowingly keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor in any box, case, can or package, to which or on which any such counterfeit or imitation is attached, affixed, printed, stamped or impressed, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than three months, or by both such fine and imprisonment.

SEC. 3. Every such person, firm, corporation, association or union that has heretofore adopted or used, or shall hereafter adopt or use, a label, trade-mark, term, design, device or form of advertisement as provided in section one of this act, shall register the same by filing the same for record in the office of the secretary of state by leaving two copies, counterparts or facsimiles thereof, with said secretary and by filing therewith a sworn application specifying the name or names of the person, association or union on whose behalf such label, trade-mark, term, design, device or form of advertisement, shall be filed; the class of merchandise and a description of the goods to which it has been or is intended to be appropriated, stating that the party so filing, or on whose behalf such label, trade-mark, term, design, device or form of advertisement shall be filed, has the right to the use of the same; that no other person, firm, association, union or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the facsimiles or counterparts filed therewith are true and correct. There shall be paid for such filing and recording a fee of one dollar. Said secretary shall deliver to such person, association, or union, so filing or causing to be filed any such label, trade-mark, term, design, device or form of advertisement so many duly attested certificates of the recording of the sanie as such person, firm, corporation, association or union may apply for, for each of which certificates said secretary shall receive a fee of one dollar. Any such certificates of record shall in all suits and prosecutions under this act be sufficient proof of the adoption of such labels, trade-marks, terms, designs, devices or form of advertisement. Said secretary of state shall not record for any person, union, or association, any label, trade-mark, term, design, device or form of advertisement. that would probably be mistaken for any label, trade-mark, term, design, device or form of advertisement theretofore filed by or on behalf of any other person, firm, corporation, union or association. But the said secretary shall file and record under this act any label, trade-mark, term, design, device or form of advertisement. which may have been previously filed by any person, firm, corpora

tion or any association or union of workingmen: Provided, The person, firm, corporation, association or union seeking to file and record under this act is the same person, firm, corporation, association or union that previously filed or recorded the same label, trade-mark, term, design, device or form of advertisement.

SEC. 4. Any person who shall for himself, or on behalf of any Fraudulent other person, firm, corporation, association or union, procure the representafiling of any label, trade-mark, term, design or form of advertise- tions. ment, in the office of the secretary of state under the provisions of this act, by making any known false or fraudulent representations, or declaration, verbally or in writing, or by any fraudulent means, shall be liable to pay any damages sustained in consequence of any such filing, to be recovered by or on behalf of the party injured thereby in any court having jurisdiction, and shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding three months, or by both such fine and imprisonment.

etc.

SEC. 5. Every such person, firm, corporation, association or Enjoining union adopting or using any such registered label, trade-mark, counterfeiting, term, design, device or form of advertisement, as aforesaid, may proceed by suit for damages to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof, and all courts of competent jurisdiction shall grant injunctions to restrain such manufacture, use, display or sale, and award the complainant in any such suit damages resulting from such manufacture, use, sale or display, as may be by the said court deemed just and reasonable, and shall require the defendants to pay such person, association or union, all profits derived from such wrongful manufacture, use, sale or display; and such court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such cause be delivered to an officer of the court, or to the complainant, to be destroyed.

SEC. 6. Every person, firm, corporation, association or union, Unauthorized who shall knowingly use or display the genuine label, trade-mark, use. term, design, device or form of advertisement of any such person, firm, corporation, association or union when registered as aforesaid, in any manner, not being authorized so to do by such person, firm, corporation, association or union, shall be deemed guilty of a misdemeanor and shall be punished by imprisonment for not more than three months or by a fine of not more than five hundred dollars. In all cases where such association or union is not incorporated suits under this act may be commenced and prosecuted by any officer or member of such association or union on behalf of and for the use of such association or union.

SEC. 7. Any person, firm, corporation, association, or union, who shall in any way knowingly use the name or seal of any such person, firm, corporation, association or union, or officer thereof, in and about the sale of goods or otherwise, not being authorized to so use the same, shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than three months or by a fine of not more than five hundred dollars.

Use of name, etc.

SEC. 8. Nothing contained in this act shall be construed as affecting or impairing any right or remedy at law or in equity now ed. existing for the protection of any label, trade-mark, term, design, device or form of advertisement, whether or not the same is registered under the provisions hereof.

CHAPTER 8.-Protection of employees on street railways—

Inclosed platforms.

Act constru

when.

SECTION 1. From and after the first of January in the year of Platforms to be inclosed, our Lord 1902, it shall be unlawful for any person, partnership, or corporation, owning or operating a street railway in this State, or for any officer or agent thereof having charge or control of the management of such line of railway, or the cars thereof, operating electric, cable or other cars propelled either by steam, cable or electricity, which require the constant services, care or attention

Cars not to

Penalty.

of any person or persons upon the platforms of any such car, to require or permit such services, attention or care, of any of its employees, or any other person or persons, between the first day of November and the first day of April thereafter of each year, unless such person, partnership or corporation, its officers or superintending or managing agents, have first provided the platforms of said car or cars with a proper and sufficient inclosure constructed of wood, iron and glass, or similar suitable material, sufficient to protect such employees from exposure to the winds and inclemencies of the weather: Provided, That such, inclosure shall be constructed so as not to obstruct the vision of the person operating such car, or to endanger or interfere with its safe management by the operator.

SEC. 2. From and after January first in the year of our Lord be used unless 1902, it shall be unlawful for any person, partnership or corporaequipped. tion, so owning or operating street railways using steam, electric or cable cars, or any managing officer or agent thereof, to cause or permit to be used upon such line of railway, between said November first and April first of each and every year thereafter, any car or cars upon which the services of any employee, such as specified in section one of this act, is required, unless said car or ears shall be provided with the inclosure required by section one of this act. SEC. 3. Any person, partnership or corporation, owning, operating, superintending or managing any such line of street railway, or managing or superintending officer or agent thereof, who shall be found guilty of a violation of the provisions of section one or two of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars; and in default of payment of the same, imprisonment in the county jail in which such conviction is had until such fine shall be paid. Each day that any said person or persons, partnership or corporation, cause or permit any of their said employees to operate such car or cars in violation of the provisions of sections one and two of this act, or cause or permit a car or cars to be used or operated in violation of said section two of this act, shall be deemed a separate offense: Provided, That the provisions of this act shall not apply to cars used and known as trailing cars.

Proviso.

Acrobatic and

CHAPTER 14.-Employment of children-Certain employments forbidden.

SECTION 2. Any person having the care, custody, or control of indecent occu- any minor child under the age of fifteen years, who shall in any pations. manner sell, apprentice, give away, or otherwise dispose of such child, or any person who shall take, receive or employ such child for the vocation or occupation of rope or wire walking or as an acrobat, gymnast, contortionist or rider, and any person who, having the care, custody, or control of any minor child whatsoever, shall sell, apprentice, give away or otherwise dispose of such child, or who shall take, receive or employ such child for any obscene, indecent or illegal exhibition or vocation, or any vocation injurious to the health, or dangerous to the life or limb, of such child engaged therein, or for the purpose of prostitution, and any person who shall retain, harbor, or employ any minor child in or about any assignation house or brothel, or any place where any obscene, indecent or illegal, exhibition takes place, shall be guilty of a misdemeanor, and shall be fined not less than five dollars, nor more than one hundred dollars, for each offense.

Mendicantemployments.

SEC. 3. Any person having the care, custody, or control, law ful or unlawful, of any minor child under the age of eighteen years, who shall use such minor, or apprentice, give away, let out, hire or otherwise dispose of, such minor child to any person, for the purpose of singing, playing on musical instruments, beg ging or for any mendicant business whatsoever in the streets,