Proviso.

tion.

written demand by such employee, to furnish to him, within ten days from the application for the same, a full statement in writing of the cause or causes of his discharge, and if any such person, officer, agent, employer, company or corporation as aforesaid shall refuse within ten days after demand as herein provided to furnish such statement to such discharged employee, it shall be ever after unlawful for any such person, officer, agent, employer, company or corporation to furnish any statement of the cause of such discharge to any person or corporation or to in any way blacklist or to prevent such discharged employee from procuring employment elsewhere, subject to the penalties prescribed in section one of this act. And on the trial of any person, company or corporation, for a violation of the provisions of this act, any other person who may have authorized or permitted, with knowledge and consent as aforesaid, any such offense, or who may have participated in the same, shall be a competent witness, and be compelled to give evidence, and nothing then said by such witness shall at any time be received or given in evidence against him in any prosecution against the said witness, except on an indictment for perjury in any matter to which he may have testified; and on the trial of any such person for any violation of this act, the prosecution shall have the authority and process of the court trying the case to compel the production in court, to be used in evidence in the case, the books and papers of any such person, company or corporation, and a failure to produce the same, after such reasonable notice as the court may in each case provide, shall be in contempt of court, and punishable as such against the custodian or person, company or corporation having the control or in charge of such books and papers, who shall fail to produce the same: Provided, That such written cause of the discharge, when so made as aforesaid, at the request of such discharged employee shall never be used as the cause for an action for slander or for libel, either civil or criminal, against the person or authority furnishing the

same.

Employee to SEC. 4. It shall be the duty of any person, company or corporation, have informa- who has received any request or notice in writing, sign, word or otherwise, from any other person, company or corporation, preventing or attempting to prevent the employment of any person discharged from the service of either of the latter, on demand of such discharged employee, to furnish to such employee within ten days after such demand, a true statement of the nature of such request or notice, and if in writing, a copy of the same, and if a sign, the interpretation thereof, with the name of the person, company or corporation furnishing the same, with the place of business of the person or authority furnishing the same; and a violation of this section shall subject the offender to all the penalties, civil and criminal, provided by the foregoing sections of this act.

Application.

Enticing sea

men.

Penalty.

SEC. 5. The provisions of this act shall apply to and prevent, under all the penalties aforesaid, railroad companies or corporations under the same general management and control but having separate divisions, superintendents or master mechanics, master machinists or similar officers, for separate or different lines, their officers, agents and employees, from preventing or attempting to prevent the employment of any such discharged person by any other separate division, or officer or agent or employer of any such separate railroad line or lines.

ACTS OF 1895.

CHAPTER 4372.-Enticing seamen to abandon vessels.

SECTION 1. From and after the passage of this act, it shall be unlawful for any person or persons to entice any seaman or sailor from the vessel, on which he is engaged, previous to the expiration of his term of service on said vessel. And any person or persons enticing said seaman or sailor shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine not exceeding fifty dollars, or be imprisoned not exceeding thirty days, or by both such fine and imprisonment, at the discretion of the court.

ACTS OF 1899.

CHAPTER 4762.-Seats for employees in stores, etc.

SECTION 1. All merchants, storekeepers and employers of male or female clerks, salesmen, cash boys or cash girls, or other assistants in mercantile or other business pursuits requiring such employees to stand or walk during their active duties, be and are hereby required to furnish, at their own cost or expense suitable chairs, stools or sliding seats attached to the counters or walls, for the use of such employees when not engaged in their active work and not required to be on their feet in the proper performance of their several duties; and such merchants, storekeepers and employers be and are required to permit their said employees to make reasonable use of said seats during business hours, for purposes of necessary rest, and when such use will not interfere with humane or reasonable requirements of their employment.

Seats for clerks,

etc.

SEC. 2. Any merchant, storekeeper or employer refusing or neg- Penalty. lecting to comply with the requirements of section 1 of this act shall be deemed guilty of a misdemeanor, and shall upon conviction thereof be punished by a fine of not more than one hundred dollars or imprisonment not exceeding sixty days.

ACTS OF 1901.

CHAPTER 4974.-Trade-marks of trade unions.

etc., unlawful.

SECTION 1. Whenever any person or any association or union of Counterfeiting, workingmen has heretofore adopted or used, or shall hereafter adopt or use, and has filed as hereinafter provided, any label, trade-mark, term, wording, design, device, color or form of advertisement for the purpose of designating, 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 or association or union of workingmen, or by a member or members of such association or union, it shall be unlawful to counterfeit or imitate such label, trade-mark, term, wording, design, device, color or form of advertisement, or knowingly to use, sell, offer for sale, or in any other way utter or circulate any counterfeit or imitation of any such label, trade-mark, term, wording, design, device, color or form of advertisement.

SEC. 2. Whoever counterfeits or imitates any such label, trade-mark, Penalty. term, wording, design, device, color or form of advertisement, or knowingly sells, offers for sale, or in any way utters or circulates any counterfeit or imitation of any such label, trade-mark, term, wording, design, device, color or form of advertisement; or knowingly purchases and 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 purchases with intent to sell or dispose 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 having knowingly purchased, 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, painted, 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.

SEC. 3. Every such person, association or union that has heretofore Filing copies. adopted or used, or shall hereafter adopt or use, a label, trade-mark, term, wording, design, device, color or form of advertisement as provided in section 1 of this act, may file 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

Certificates.

ments.

union on whose behalf such label, trade-mark, term, wording, design, device, color 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, wording, design, device, color 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 use either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the facsimile or counterparts filed therewith are true and correct.

There shall be paid for such filing and recording a fee of two dollars. Said secretary shall deliver to such person, association or union so filing or causing to be filed any such label, trade-mark, term, wording, design, device, color or form of advertisement so many duly attested certificates of the recording of the same as such person, association or union may apply for, for each of which the secretary shall receive a fee of one dollar. Any such certificate of record shall, in all suits and prosecutions under this act, be sufficient proof of the adoption of such label, trade-mark, term, wording, design, device, color or form of advertisement. Said secretary of state shall not record for any person, union or association any label, trade-mark, term, wording, design, device, color or form of advertisement that would probably be mistaken for any label, trade-mark, term, wording, design, device, color or form of advertisement heretofore filed by or on behalf of any other person, union or association.

False state- SEC. 4. Any person who shall, for himself or on behalf of any other person, association or union procure the filing of any label, trade-mark, term, wording, design, device, color or form of advertisement in the office of the secretary of state, under the provisions of this act, by making any 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 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.

Wrongful use, SEC. 5. Every such person, association or union adopting or using a etc., to be en-label, trade-mark, term, wording, design, device, color or form of joined. advertisement as aforesaid, may proceed by suit 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 may award the complainant in any such suit damages resulting from any 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 manufac ture, use, display or sale; 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 complainants, to be destroyed.

Unauthorized

use.

Suits.

Use of name, etc.

SEC. 6. Every person who shall use or display the genuine label, trade-mark, term, wording, design, device, color or form of advertisement of any such person, association or union in any manner, not being authorized so to do by such person, union or association, 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 an officer or member of such association or union on behalf of and for the use of such association or union.

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

SEC. 8. Any person using the trade-mark so adopted and filed by Using counterfeits, injuring any other person, or any imitation of such trade-mark, or any coun- labels, etc. terfeit thereof; or who shall in any manner mutilate, deface, destroy or remove such trade-mark from any goods, wares, merchandise, article or articles, or from any package or packages containing the same, or from any empty or second-hand package, which has contained the same or been used therefor, with the intention of using such empty or second-hand package, or of the same being used to contain goods, wares, merchandise, article or articles of the same general character as those for which they were first used; and any person who shall use any such empty or second-hand package for the purpose aforesaid, without the consent in writing of the person whose trade-mark was first applied thereto or placed thereon, shall, upon conviction thereof, be fined in any sum not less than five hundred dollars, or by impris- Penalty. onment for not more than three months, and the goods, wares, merchandise, article or articles contained in any such second-hand package or packages shall be forfeited to the original user of such package or packages whose trade-mark was first applied thereto or placed thereon. The violation of any of the above provisions as to each particular articles or packages shall be held to be a separate offense.

SEC. 9. The word "person" in this act shall be construed to include Definition. a person, copartnership, corporation, association or union of work

ingmen.

CHAPTER 5015.—Coercion of employees—Restriction in trading.

SECTION 1. It shall be unlawful for any person or persons, firm, Employees not joint stock company, association or corporation, organized, chartered to be restricted in trading. or incorporated by and under the laws of this State, either as owner or lessee, having persons in their service as employees, to discharge any employee or employees in their service for trading or dealing, or for not trading or dealing as a customer or patron with any particular merchant or other person or class of persons in any business calling, or to notify any employee or employees either by general or special notice, directly or indirectly, secretly or openly given, not to trade or deal as a customer or patron with any particular merchant, or person or class of persons in any business or calling, under penalty of being discharged from the service of such firm, joint stock company, corporation or association, doing business in this State as aforesaid.

SEC. 2. Any person or persons, firm, joint stock company, associa- Penalty. tion, or corporation, organized, chartered or incorporated under the laws of this State, or operated in this State, violating any of the provisions of the foregoing section, shall be guilty of a misdemeanor, and on conviction shall pay a fine of not more than one thousand dollars for each offense for which convicted.

SEC. 3. Any person acting as an officer or agent of any firm, joint Agent violatstock companies, associations or corporations of the kind and char- ing law. acter herein before described, or for any one of them who makes or executes any notice, order or threat of the kind hereinbefore forbidden, shall be guilty of a misdemeanor, and on conviction shall pay a fine of not more than five hundred dollars, and be imprisoned in the county jail not more than six (6) months, or both such fine and imprisonment.

CHAPTER 5016.-Protection of employees as voters.

Penalty.

SECTION 1. It shall be unlawful for any person or persons, firm, Threatening discharge, etc. joint stock company, association or corporation, organized, chartered or incorporated by and under the laws of this State either as owner or lessee, having persons in their service as employees, to discharge any employee or employees, or to threaten to discharge any employee or employees in their service for voting or for not voting in any election, State, county, or municipal, for any person as candidate or measure submitted to a vote of the people.

SEC. 2. Any person or persons, firm, joint stock company, associa- Penalty. tion or corporation, organized, chartered or incorporated under the laws of this State, or operated in this State violating any of the provisions

Agent ing law.

Penalty.

Grant powers.

violat

of

Application of

law.

Inspection of boilers, etc.

Union of offices.

Power of examiner.

Licenses to be exposed.

Employing

neer.

of the foregoing section, shall be guilty of a misdemeanor, and on conviction shall pay a fine of not more than one thousand dollars for each offense for which convicted.

SEC. 3. Any person acting as an officer or agent of any firm, joint stock companies, associations or corporations of the kind and character herein before described, or any one of them who makes or executes any notice, order, or threat of the kind hereinbefore forbidden shall be guilty of a misdemeanor, and on conviction shall pay a fine of not more than five hundred dollars, or be imprisoned in the county jail not more than six (6) months.

CHAPTER 5069.-Examination and licensing of stationary engineers-Inspection of steam boilers.

SECTION 1. All cities [of] over five thousand inhabitants are hereby granted express powers to pass and enforce all ordinances that will compel each and every stationary steam engineer to take out a license to carry on their said vocation, in such sums as the said cities may impose: Provided, The said sum shall not exceed the limits specified in the general revenue laws of the State of Florida.

SEC. 2. The provisions of section 1, regarding the amount of license, shall not apply to cities which operate under a special charter, when said charter grants the power to impose licenses without respect to the general revenue statute.

SEC. 3. Cities of over five thousand inhabitants may provide by ordinance for an inspection of boilers and an examiner of stationary steam engineers, to inspect steam boilers, except marine and locomotive boilers used on regular lines of railway, and shall regulate by ordinance the qualifications of the said inspector and examiner, their terms of office, salary or fees, and all other matters and things connected with their said duties.

SEC. 4. The office of inspector and examiner of stationary steam engineers may be combined in one person by ordinance.

SEC. 5. The said examiner of stationary steam engineers shall be empowered to require such qualifications of all stationary steam engineers aforesaid as would be reasonable in conserving public safety, and said examination shall be held at such times and places as may be required by ordinance.

SEC. 6. Licenses granted to stationary steam engineers shall be exposed in any public manner as required by ordinance.

SEC. 7. Any employer, employing other than a licensed stationary unlicensed engi- steam engineer, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than one thousand dollars, or imprisonment not exceeding one year in the county jail, or both such fine and imprisonment.

Preventing inspection.

Accepting employment without license.

Accepting adyances.

SEC. 8. Any employer, or his manager or servant, who shall refuse the inspector of steam boilers aforesaid an opportunity to inspect the boiler or boilers in their charge or control, shall be guilty of a misdemeanor, and in such case the employer shall be equally guilty with his manager or servant when refusal is made by the said manager or servant, and upon conviction each shall be punished by a fine of not exceeding one thousand dollars, or imprisonment not exceeding one year in the county jail, or both such fine and imprisonment.

SEC. 9. Any stationary steam engineer who shall accept employment without having first passed the said examination and taken out a license thereunder, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than one thousand dollars, or imprisonment not exceeding one year in the county jail, or both such fine and imprisonment.

ACTS OF 1903.

CHAPTER 5161.-Seamen-Employers' advances—Violation of contract of

employment.

SECTION 1. Whoever enters into a written agreement with any master or owner of a vessel to perform certain services upon said vessel as