payment of the costs, commissions and expenses of assignment, be CHAPTER 82.-Wages preferred-In receiverships, etc. * * * Wages to SECTION 56. Hereafter, when the business of any person, corporation, company or firm shall be suspended by the action of paid first. creditors, or be put into the hands of a receiver or trustee, then in all such cases the debts owing to laborers or servants which have accrued by reason of their labor or employment, shall be considered and treated as preferred claims, and such laborers or employees shall be preferred creditors, and shall be first paid in full, and if there be not sufficient to pay them in full the same shall be paid from the proceeds of the sale of the property seized: Provided, That any person interested may contest any such claim or claims, or any part thereof, by filing exceptions thereto, supported by affidavit, with the officer having the custody of such property, and thereupon the claimant shall be required to reduce his claim to judgment before some court having jurisdiction thereof before any part thereof shall be paid. Proviso. SEC. 57. Any such laborer or servant desiring to enforce his or her Statement. claim for wages under this act, shall present a statement under oath showing the amount due, the kind of work for which such wages are due, and when performed, to the officer, person or court charged with such property, within ten (10) days after the seizure thereof on any execution or writ of attachment, or within thirty (30) days after the same may have been placed in the hands of any receiver or trustee, and thereupon it shall be the duty of the person or court receiving such statement to pay the amount of such claim or claims to the person or persons entitled thereto. SEC. 58. No claims made under this act shall be paid until after the Time of pay. expiration of the time in which to present such claims. And if the ment. funds realized on the property seized be insufficient to pay the total claims presented, then such funds shall be prorated on such claims. * * CHAPTER 83.-Right of action for personal injuries—Limitations. * SECTION 14. Actions for damages for an injury to the person, Limitation of shall be commenced within two years next after the cause of two years. action accrued. CHAPTER 93.-Mine regulations-Inspection, etc., of oil. oil. Illuminating SECTION 33 (as amended by act approved May 11, 1901, page 247, Acts of 1901). Only a pure animal or vegetable oil, or other oil as free from smoke as a pure animal or vegetable oil, and not the product or by-product of resin, and which has been inspected and complies with the following test, shall be used for illuminating purposes in the mines of this State. All such oils must be tested at 60 Test. degrees Fahrenheit. The specific gravity of the oil must not exceed 24 degrees Tagliabue. The test of the oil must be made in a glass jar one and five-tenths inches in diameter by seven inches in depth. If the oil to be tested is below 45 degrees Fahrenheit in temperature, it must be heated until it reaches about 80 degrees Fahrenheit; and should the oil be above 45 degrees and below 60 degrees Fahrenheit, it must be raised to a temperature of about 70 degrees Fahrenheit, when, after being well shaken, it should [shall] be allowed to cool gradually to a temperature of 60 degrees Fahrenheit, before finally being tested. In testing the gravity of the oil, the Tagliabue hydrometer must be, when possible, read from below, and the last line which appears under the surface of the oil shall be regarded as the true reading. In case the oil under test should be opaque, or turbid, H. Doc. 733, 58-2-19 Penalty. Checks, etc.,to cash. one-half of the capillary attraction shall be deemed and taken as the true reading. Where the oil is tested under difficult circumstances, an allowance of one-half degree may be made for possible error in parallax before condemning the oil for use in the mine. It shall be the duty of the State inspectors of mines, in the several districts of this State, to make the inspection provided for in this section before any such oil is sold for use in any mine in this State. All oil sold to be used for illuminating purposes in the mines of this State shall be contained in barrels or packages branded conspicuously with the name of the dealer, the specific gravity of the oil, the date of shipment, the date and place of inspection, and the name of the State inspector of mines making the said inspection. It is provided, however, That any material that is as free from smoke and bad odor and of equal merit as an illuminant as a pure animal or vegetable oil may be used at the pleasure of mine operators and miners. SEC. 34. Any person or persons, firm or corporation which ships any oil contained in any barrel or barrels, package or packages, which are not branded as prescribed in section one of this act [sec. 33], said oil to be used for illuminating purposes in coal or other mines, and any person or persons, firm or corporation which sells any oil other than that prescribed in section one [sec. 33], to be used for illuminating purposes in coal or other mines, and any person or persons, firm or corporation having in charge the operation or running of any mine which, in a mine under his or its charge, uses or permits the use of any oil other than that prescribed in section one [sec. 33] and any miner or mine employee who uses, with a knowledge of its character, in any mine of this State, any oil other than that described in section one of this act [sec. 33], shall be fined not less than five nor more than fifty dollars, and any individual, firm, company or corporation which sells any oil other than that prescribed in section one of this act [sec. 33], in a quantity exceeding five barrels at one sale, to be used for illuminating purposes in coal or other mines, shall be fined not less than twenty-five nor more than one hundred dollars. Justices of the peace shall have jurisdiction to try any violations of this act. Every person convicted of a second or other offense against this act, in addition to the fine before provided shall be sentenced to the county jail for not less than ten days nor more than ninety days. It shall be the duty of the inspector of mines in each district to notify the State's attorney of the respective county of any violations of the above provisions. And the State's attorney shall prosecutę as in other cases of misdemeanors. CHAPTER 98.-Payment of wages-Redemption of scrip. SECTION 22. Any time check or store order issued or given as combe redeemed in pensation for labor performed, shall be redeemable, at the option of the person to whom the same was issued or given or upon his written order, in bankable currency. Any person who violates this act shall be deemed guilty of a misdemeanor, and shall be punished by a fine not to exceed one hundred (100) dollars or confined in the county jail not to exceed thirty (30) days or both in the discretion of the Penalty. Couplers for passenger cars. Penalty. Abandoning locomotive. court. CHAPTER 114.-Safety appliances on railroads—Automatic couplers. SECTION 104. It shall be the duty of all railroad corporations operating any railroad in this State, to provide such of their passenger cars as are used in trains with some suitable automatic coupling, or other coupling which will secure personal safety, *** and any company refusing or neglecting to provide such automatic coupling, or other couplings which will secure personal safety, for each passenger car so used in trains, shall be liable to a fine of not less than $25 nor more than $50. CHAPTER 114.-Strikes of railroad employees. SECTION 128. If any locomotive engineer in furtherance of any combination or agreement, shall willfully and maliciously abandon his locomotive upon any railroad at any other point than the regular schedule destination of such locomotive, he shall be fined not less than $20, nor more than $100, and confined in the county jail, not less than twenty days, nor more than ninety days. etc. SEC. 129. If any person or persons shall willfully and maliciously, Intimidation, by any act or by means of intimidation, impede or obstruct, except by due process of law, the regular operation and conduct of the business of any railroad company or other corporation, firm or individual in this State, or of the regular running of any locomotive engine[, ] freight or passenger train of any such company, or the labor and business of any such corporation, firm or individual he or they shall, on conviction thereof, be punished by a fine of not less than twenty dollars nor less [more] than two hundred dollars, and confined in the county jail not more [less] than twenty days nor more than ninety days. SEC. 130. If two or more persons shall willfully and maliciously combine or conspire together to obstruct or impede by any act, or by means of intimidation, the regular operation and conduct of the business of any railroad company or any other corporation, firm or individual in this State, or to impede hinder or obstruct, except by due process of law, the regular running of any locomotive engine[,] freight or passenger train on any railroad, or the labor or business of any such corporation, firm, or individual, such person shall, on conviction thereof, be punished by fine not less than twenty dollars ($20), nor more than two hundred dollars ($200), and confined in the county jail not less than twenty days, nor more than ninety days. SEC. 131. This act, shall not be construed to apply to cases of persons voluntarily quitting the employment of any railroad company or such other corporation, firm or individual, whether by concert of action or otherwise, e[x]cept as is provided in section one (1) of this act [sec. 128]. CHAPTER 121.-Hours of labor on public roads. SECTION 99. Every person assessed to work on the highways, and named to work, may appear in person, or by an able-bodied man as a substitute, and the person or substitute shall actually work eight hours in each day, *** CHAPTER 127.-Public printing to be done within the State. Combinations to obstruct. Act construed. Eight hours a day's work. SECTION 13. The printing shall be done under the general supervision Printing to be and direction of the commissioners of State contracts and the printer done, where. expert within this State; * * * CHAPTER 140.-Trade-marks of trades unions, etc. SECTION 6. Whenever any person, or any association or union of Counterfeiting, workingmen, has heretofore adopted or used, or shall hereafter adopt etc., unlawful. or use, any label, trade-mark, term, design, device 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, design, device or form of advertisement, or to use, sell, offer for sale, or in any way utter or circulate any counterfeit or imitation of any such labels, trademark, term, design, device or form of advertisement. This section is consistent with the provisions of the constitution of the State. A cigar label which states that "The cigars contained in this box have been made by a first-class workman, a member of the Cigar Makers' International Union of America, an order opposed to inferior, rat-shop, cooly, or filthy tenement-house workmanship," is not illegal, as being immoral, or against public policy. 149 Ill. 486. SEC. 7. Whoever counterfeits or imitates any such label, trade-mark, Penalties. term, design, device or form of advertisement, or sells, offers for sale or in any way utters or circulates any counterfeit or imitation of any such label, trade-mark, term, design, device, or form of advertisement, or knowingly uses any such counterfeit or imitation, or knowingly sells or disposes of or keeps or has in his possession, with intent that filed. the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor to which any such counterfeit or imitation is attached or affixed, 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 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 less than one hundred (100) dollars, nor more than two hundred (200) dollars, or by imprisonment for not less than three (3) months nor more than one (1) year, or by both such fine and imprisonment. Copies to be SEC. 8. Every such person, 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 (1) of this act shall file the same for record in the office of the secretary of state, by leaving two (2) copies, counterparts or facsimiles thereof with said secretary, and by filing therewith a sworn statement 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 particular description of the goods to which it has been or is intended to be appropriated, 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, and 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 facsimile copies or counterparts filed therewith are true and correct. There shall be paid for such filing and recording a fee of one (1) dollar. Any person who shall for himself, or on behalf of any other person, associations or union, procure the filing of any label, trade-mark, term, design, device 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 declarations, 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 two hundred (200) dollars or by imprisonment not exceeding one year, or both such fine and imprisonment. The secretary of state 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 same as such person, association or union may apply for, for each of which certificates said secretary shall receive a fee of one (1) 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, design, device 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 reasonably be mistaken for any label, trade-mark, term, design, device or form of advertisement theretofore filed by or on behalf of any other person, union or association. Certificates. Right to injunction, etc. SEC. 9. Every such person, association, or union adopting a label, trade-mark, or form of advertisement, as aforesaid, may proceed by suit to enjoin the manufacture, use, display or sale of any such counterfeits or imitations; and all courts having jurisdiction thereof shall grant injunctions to restrain such manufacture, use, display or sale, and shall award the complainant in such suit, such damages, resulting from such wrongful manufacture, use, display or sale, as may by said court be deemed just and reasonable, and shall require the defendants to pay to such person, association or union the profits derived from such wrongful manufacture, use, display or sale; and said court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant to be destroyed. SEC. 10. Every person who shall use or display the genuine label, Unauthorized trade-mark, or form of advertisement of any such person, association use. or union, in any manner not authorized by such person, union or association, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not less than three. months nor more than one year, or by a fine of not less than one hundred dollars nor more than two hundred dollars, or both. In all cases where such association or union is not incorporated, suits underthis 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. Use of name, SEC. 11. 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 etc. and about the sale of goods or otherwise, not being authorized to use the same, shall be guilty of a misdemeanor, punishable by imprison- Penalty. ment in the county jail of not less than three months nor more than one year, or by fine of not less than one hundred dollars nor more than two hundred dollars, or both. SEC. 12 (as amended by act approved April 22, 1899, page 367, Acts. Jurisdiction of of 1899). The fines provided for in this act may be enforced before a justice. justice of the peace in all cases where the party complaining shall so elect, and in case of conviction before such justice of the peace, the offender shall stand committed to the county jail until the fine and costs are fully paid under the provisions of section 8, Article IX, of an act to revise the law in regard to criminal jurisprudence, in force July 1, 1874, or otherwise. The first process under this section in all prosecutions for the recovery only of the fines shall be a summons: Provided, however, That a warrant for the arrest of the offender, as in other cases when justices of the peace have original criminal jurisdiction, may issue upon the affidavit of any person that any of the provisions of this act have been violated, and that the person making the complaint has just and reasonable grounds to believe the party charged is guilty thereof. ACTS OF 1897. Factories and workshops-Use of blowers upon metal-polishing machinery. (Page 250.) Blowers for emery wheels, etc. SECTION 1. All persons, companies or corporations operating any factory or workshop where emery wheels or emery belts of any description are used, either solid emery, leather, leather covered, felt, canvas, linen, paper, cotton, or wheels or belts rolled or coated with emery or corundum, or cotton wheels used as buffs, shall provide the same with blowers, or similar apparatus, which shall be placed over, beside or under such wheels or belts in such a manner as to protect the person or persons using the same from the particles of the dust produced and caused thereby, and to carry away the dust arising from or thrown off by such wheels or belts while in operation directly to the outside of the building or to some receptacle placed so as to receive and confine such dust: Provided, That grinding machines upon which water is Provisos. used at the point of the grinding contact shall be exempt from the provisions of this act: And provided, This act shall not apply to small shops employing not more than one man in such work. SEC. 2. It shall be the duty of any person, company or corporation Hoods or hopoperating any such factory or workshop to provide or construct such pers. appliances, apparatus, machinery or other things necessary to carry out the purpose of this act, as set forth in the preceding section, as follows: Each and every such wheel shall be fitted with a sheet of [or] cast iron hood or hopper of such form and so applied to such wheel or wheels that the dust or refuse therefrom will fall from such wheels, or will be thrown into such hood or hopper by centrifugal force and be carried off by the current of air into a suction pipe attached to same [said] hood or hopper. |