death. Survivor of of this action shall survive in case of death in favor of the minor action in case of children and widow of the deceased or either of them, and in default of these in favor of the surviving father and mother or either of them, for the space of one year from the death. Negligence. Acts of employees, etc. Liability of employers. Species of contracts. Definition. Letting of labor. Contracts lim ited. Termination of contract. Employees on farms and factories. Discharge. ART. 2316. Every person is responsible for the damage he occasions not merely by his act, but by his negligence, his imprudence, or his want of skill. ART. 2317. We are responsible, not only for the damage occasioned by our own act, but for that which is caused by the act of persons for whom we are answerable, or of the things which we have in our custody. * * * ART. 2320. Masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed. Teachers and artisans are answerable for the damage caused by their scholars or apprentices, while under their superintendence. In the above cases, responsibility only attaches, when the masters or employers, teachers and artisans, might have prevented the act which caused the damage, and have not done it. A youth put to work at a dangerous machine without instruction has, under the above sections, an action for injuries received while so employed. 23 So. Rep. 469. Employment of labor. ARTICLE 2673. There are two species of contracts of lease, to wit: 1. The letting out of things. 2. The letting out of labor or industry. ART. 2675. To let out labor or industry is a contract by which one of the parties binds himself to do something for the other, in consideration of a certain price agreed on by them both. ART. 2745. Labor may be let out in three ways: 1. Laborers may hire their services to another person. 2. Carriers and watermen hire out their services for the conveyance either of persons or of goods and merchandise. 3. Workmen hire out their labor or industry to make buildings or other works. ART. 2746. A man can only hire out his services for a certain limited time, or for the performance of a certain enterprise. ART. 2747. A man is at liberty to dismiss a hired servant attached to his person or family, without assigning any reason for so doing. The servant is also free to depart without assigning any cause. ART. 2748. Laborers, who hire themselves out to serve on plantations in or to work in manufactures, have not the right of leaving the person who has hired them, nor can they be sent away by the proprietor, until the time has expired during which they had agreed to serve, unless good and just cause can be assigned. Leaving employment. A laborer, discharged for good cause before the expiration of his contract, is entitled to recover wages for the time served. 1 Robinson 332. ART. 2749. If, without any serious ground of complaint, a man should send away a laborer whose services he has hired for a certain time, before that time has expired, he shall be bound to pay to such laborer the whole of the salaries which he would have been entitled to receive, had the full term of his service arrived. A laborer hired for a fixed time, discharged without serious ground of complaint before the expiration of his term, may sue at once for the amount of wages he would have received had the service continued to the end of the time agreed upon. Immediately accepting new employment does not affect this right. 1 Robinson 319. ART. 2750. But if, on the other hand, a laborer, after having hired out his services, should leave his employer before the time of his engagement has expired, without having any just cause of complaint against his employer, the laborer shall then forfeit all the wages that may be due to him, and shall moreover be compelled to repay all the money he has received, either as due for his wages, or in advance thereof on the running year or on the time of his engagement. Wages preferred-In administration. ment of de ARTICLE 3254. If the movable property, not subject to any special Order of payprivilege, is sufficient to pay the debts which have a general privilege mands. on the movables, those debts are paid in the following order: Funeral charges are the first paid. Law charges, the second. Expenses of the last illness, the third. Exemption of wages from execution, etc. ARTICLE 644. The sheriff or constable can not seize * nor recompense for personal services, * * * ACTS OF 1898. ACT No. 49.--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 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 label, trade-mark, term, design, device or form of advertisement. SEC. 2. Whoever counterfeits or imitates any such label, trade-mark, Penalty. 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 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 products 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 more than one hundred dollars or by imprisonment for not more than three months. SEC. 3. Every such person association or union that has heretofore Filing labels, adopted or used, or shall hereafter adopt or use, a label, trade-mark, etc. term, design, device 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 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 Certificates. False representations. Penalty. Enjoining wrongful use, etc. Unauthorized use. Penalty. Use of name, etc. Penalty. Residents of erence. to deceive, and that the facsimile or counterpart 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, trademark, 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 each of which certificates said 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, 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 probably be mistaken for any label, trade-mark, term, design, device or form of advertisement heretofore filed by or on behalf of any other person, union or association. SEC. 4. Any person who shall for himself or on behalf of any other person, association or union procure the filing of any label, trademark, 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 one hundred dollars or by imprisonment not exceeding three months. SEC. 5. Every such person, association or union adopting or using a label, trade-mark, term, design, device or form of 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 complaint [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 to such person, association or union, all profits derived from such wrongful manufacture, 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 complainant, to be destroyed. SEC. 6. Every person who shall use or display the genuine label, trade-mark, term, design, device or form of advertisement of any such person, association or union in any manner not being authorized so to do by such person 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 one 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 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 one hundred dollars. ACTS OF 1899-EXTRA SESSION. ACT No. 6.-Resident laborers to be preferred for employment on public works-New Orleans. SECTION 26 (as amended by act No. 111, Acts of 1902). In all concity to have pref- tracts made and executed by said [sewerage and water] board for the construction or repair of said public systems of sewerage, water and drainage, there shall be contained a clause that the contractor shall give the preference in employment to bona fide residents of the city of New Orleans, both as skilled and unskilled laborers, and shall not employ any nonresident laborers, skilled or unskilled (except confi- to dismiss all persons employed in violation of this clause: Provided, Proviso. No person shall be considered a bona fide resident of the city of Who are resiNew Orleans under this clause of this act, unless he has actually dents. resided in the city of New Orleans for one year prior to his employ ment. * * * ACTS OF 1900. ACT No. 55.-Employment of women. Seats to be pro SECTION 1. Hereafter it shall be unlawful for any person, firm or corporation doing business in the State of Louisiana, where female vided. labor or female clerks are employed, not to maintain seats, chairs or benches which shall be so placed as to be accessible to said employees, for their use during the times when said employees are not actually engaged in the attention to their duties as employees of such firm, person or corporation. SEC. 2. Hereafter all persons, firms or corporations doing business at Time formeals. retail in the State of Louisiana where female labor or female clerks are employed, shall be required to give every employee each day, between the hours of ten (10) a. m. and three (3) p. m. not less than thirty (30) minutes for lunch or recreation. SEC. 3. Whoever shall be found guilty of evading or disobeying any Penalty. of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon arrest and conviction therefor shall be fined in a sum of not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars, and in default of the payment thereof shall be sentenced to imprisonment for a period not less than five (5) days nor more than six (6) months. ACT No. 79.-Bureau of labor statistics. SECTION 1. The governor shall, by and with the advice and consent of the senate, appoint some suitable person who shall be designated "Commissioner of Statistics of Labor," with headquarters in the Capital [Capitol] at Baton Rouge, and who shall hold his office for the term of four (4) years. Commissioner. SEC. 2. The duties of such commissioner shall be to collect, assort, Duties. systematize and present in annual reports to the governor and to be by him bienially transmitted to the legislature within ten days after the convening thereof every two years statistical details relating to all departments of labor in the State; especially in relation to the commercial, industrial, social and sanitary condition of workingmen and to the productive industries of the State. SEC. 3. Said commissioner shall also have power to send for persons Powers. and papers, to examine witnesses under oath, to take depositions, to cause them to be taken by others by law authorized to take depositions; and said commissioner, may depute any uninterested person to serve subpoenas upon witnesses who shall be summoned in the same manner, and paid the same fees as allowed by district courts, but for this purpose persons are not required to leave the parish in which they reside nor to answer questions respecting their private affairs. SEC. 4. The commissioner shall receive a salary of fifteen hundred Salary, etc. dollars ($1,500) per annum, shall employ a clerk at a salary of one thousand dollars ($1,000) per annum, and shall be allowed one thousand dollars ($1,000) for all necessary expenses attendant upon the proper exercise of the duties of his office, all of which amounts shall be payable monthly out of a general fund upon the warrant of the said commissioner. Board of commissioners. Employment to be classified. Classes exempt. Board of examiners. Acr No. 89.-Civil service law-Laborers, etc., exempt—New Orleans. SECTION 1. There shall be a board of civil service commissioners for the city of New Orleans; * * * SEC. 3. Said commissioners shall, as soon after their appointment as possible, classify, with reference to the examinations hereinafter provided for, all offices and places of employment in said city, except only such offices and places to which appointment or election is otherwise expressly provided for by law, and except such offices and places as are exempted from the provisions and operations of this act. * * * SEC. 29. The following persons shall be entirely exempt from the provisions and operations of this act: Fourth. Street laborers, street bridge carpenters, drivers, watchmen, porters and janitors, except as to physical ability to perform the duties of the position to which they seek appointment. ACTS OF 1902. ACT No. 194.-Examination and licensing of plumbers. SECTION 1. In all cities having a population of (30,000) thirty thousand or more people, the mayor of each city shall appoint, with the consent of the common council of the city, for a term of four years, five plumbers at least two of whom shall be journeymen plumbers, who together with the president of the board of health and city engineer, shall constitute and act as a board of examiners of plumbers, and whose duty it shall be to examine all plumbers as to their practical knowledge and all other requirements of the business of plumbing; and shall submit the applicant to some satisfactory forms of practical tests; and if satisfied with the competency of the said applicant, shall thereupon issue a permit to such applicant authorizing him to engage in the business of plumbing either as a master plumber or as a journeyman plumber; which permit shall be renewed from year to year without reexamination: Provided, That all persons actively engaged in the business of plumbing in the State of Louisiana, either as a master plumber or journeyman plumber, for twelve months previous to the passage of this act, shall be entitled to receive a permit without passing an examination. SEC. 4. Any person engaged or any person hereafter engaging in the business either as a master plumber or a journeyman plumber, shall within thirty days from the organization of said board of examiners, or from engaging in the business of plumbing, apply to the said board and after undergoing an examination as to his qualifications, or show [showing] that he has been twelve months in business, as provided in section 1, if he shows his competency, shall be granted a permit to ply his trade. SEC. 5. No license shall be granted or issued by the municipal authorities to a master plumber except upon production of a permit from the board of examiners, and no master plumber shall employ a journeyman plumber who has not secured the permit above provided for. SEC. 7. The board of examiners shall have the power and are hereby authorized to charge moderate fees to defray the necessary expenses of the carrying out of the purposes of this law provided the said fees and all fees herein mentioned shall be approved by the city councils of said cities, and to hire and fix the salaries of their employees, which they shall pay out of the fees above provided for. SEC. 8. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and shall upon conviction be subject to a fine of not more than twenty-five dollars or imprisoned for a period not exceeding thirty days. ACT No. 213.-Liability of employers for poll tax of employees. SECTION 3. In order to more effectually and promptly collect said poll tax, whosoever shall employ, in his service for any purpose for |