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Wages preferred— In administration. 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.
VOORHIES' CODE OF PRACTICE—THIRD EDITION.
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. SECTION 1. Whenever any person, or any association or union of Counterfeiting,
etc., unlawful. 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.
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
to deceive, and that the facsimile or counterpart filed therewith are
true and correct. There shall be paid for such filing and recording a Certificates. fee of one dollar. Said secretary shall deliver to such person, associa
tion 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. False represen- Sec. 4. Any person who shall for himself or on behalf of any other tations.
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 writPenalty. ing 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. Enjoining
Sec. 5. Every such person, association or union adopting or using a e congful use, label, trade-mark, term, design, device or form of advertisement as etc.
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 com
plainant, to be destroyed. Unauthorized 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 misdePenalty.
meanor 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. U'se of name,
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 Penalty. 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
Residents of 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-
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 employment.
ACTS OF 1900.
Act No. 55.- Employment of women. SECTION 1. Hereafter it shall be unlawful for any person, firm or Seats to be procorporation 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 Timeformeals. 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 Commissioner. 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.
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) perannum, 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.
Act No. 89.—Civil service law- Laborers, etc., exempt-New Orleans. Board of com- SECTION 1. There shall be a board of civil service commissioners for missioners.
the city of New Orleans; * Employment Sec. 3. Said commissioners shall, as soon after their appointment as to be classified.
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. Classes ex- Sec. 29. The following persons shall be entirely exempt from the empt.
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. Board of ex- SECTION 1. In all cities having a population of (30,000) thirty aminers.
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 Permits. thereupon issue a permit to such applicant authorizing him to engage
in the business of plumbing either as a master plumber or as a journey
man plumber; which permit shall be renewed from year to year withProviso. out 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 pass
ing an examination. 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. Licenses. Sec. 5. No license shall be granted or issued by the municipal anthor
ities 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. Penalty. 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. Employers lia- SECTION 3. In order to more effectually and promptly collect said ble.
poll tax, whosoever shall employ, in his service for any purpose for
which any wages or compensation are to be paid, any person subject and liable to pay such poll tax, between the first day of January and the thirty-first day of December, inclusive, of each year shall be liable to pay said poll tax of such employee, which amount of poll tax such employer shall have the right to deduct from the wages or compensa
Deduction tion of such employee: Provided, He shall pay the same to the proper collecting officer thereof, and shall take a receipt therefor in name of employee; but he shall not have such credit, until he shall exhibit said [sic] said receipt therefor and deliver the same to the employee. Receipt.
All employers, at any period of the year and without regard as to whether the employee had been previously employed during the same year, shall be liable for said poll tax unless it had previously been
Who liable. paid and no employer shall resist payment thereof on the ground that à previous or other employer is liable therefor, but that the collector of such poll tax may proceed against any of such employers or all of them if need be, to collect the same: Provided, That no enforcement Proviso. of said poll tax shall be made against any employer unless the employee shall have been in his service for at least sixty days during the year in which said tax is due.
REVISED STATUTES OF 1903.
CHAPTER 18. – Vaccination of employees in paper mills. SECTION 83. No owner, agent or superintendent of any paper mill Vaccination where domestic or foreign rags are used in the manufacturing of paper required. shall hire or admit any person to work in or about said mill who has not been successfully vaccinated or revaccinated within two years, or to the satisfaction of the local board of health.
Sec. 84. No person shall work in or about any paper mill where Same subject. rags are used, who has not been successfully vaccinated or revaccinated within two years, or to the satisfaction of the local board of health.
Sec. 85. The owner, agent and superintendent in every paper mill List of employwhere rage are used shall every year, in the months of February and ees. September, make out and deliver to the local board of health, a list containing the names, ages, kind of work, and places of residence of all persons employed'in or about said milí.
SEC. 86. In the months of March and October, annually, each and Examination. every person who is employed in a paper mill, shall be examined by the local board of health as to whether he or she is successfully and sufficiently protected by vaccination, and the local board of health shall in all cases be the judges of the sufficiency of the protection by vaccination. SEC. 87. Whoever violates any provision of the four preceding sec
Penalty. tions shall be punished by a fine of not more than fifty dollars.
CHAPTER 22.-Inspection of steam boilers.
Safety plugs. cause to be used, except as hereinafter provided, any steam boiler in the State unless it is provided with a fusible safety plug, made of lead for boilers carrying steam pressure above fifty pounds per square inch, and of tin for boilers carrying steam pressure of fifty pounds and less per square inch, and said safety plug shall be not less th one-half inch in diameter, and shall be placed in the roof of the fire box when a fire box is used, and in all cases shall be placed in the part of the boiler fully exposed to the action of the fire, and as near the surface line of the water as good judgment shall dictate, excepting in cases of upright tubular boilers, when the upper tube sheet is placed above the surface line of the water, which class of boilers shall be exempted from the provisions of this section.
Sec. 23. If any person without just and proper cause removes from the boiler the safety plug, or substitutes any material more capable of resisting the action of the fire, or if any person or corporation uses or
H. Doc. 733, 58-2-29