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ACTS OF 1896.

CHAPTER 133.-Payment of wages-Coal mines. SECTION 1. All corporations incorporated under the laws of Mary- Semimonthly land, hereafter engaged in mining and shipping coal in Allegany pay day. County, are hereby required to pay each and all their employees their wages earned in said employment semimonthly; that is to say, all wages earned on and before the 15th of each month shall be paid not later than upon the 25th day of said month; and all wages earned from the 16th to the end of each month, shall be paid not later than the 10th day of the succeeding month, unless said 25th day or 10th day of any month shall fall on Sunday or a legal holiday, in which case the time for payment shall be extended to the next day.

SEC. 2. Any such corporation, willfully refusing to make said pay- Penalty. ments of wages at the times hereinbefore specified, or willfully withholding said wages from said employees beyond said times, shall be deemed guilty of a misdemeanor, and upon indictment and conviction thereof shall be fined not less than $50 nor more than $300, in the discretion of the court.

ACTS OF 1898.

Board of

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CHAPTER 491.-Examination and licensing of horseshoers-Baltimore.

Section 1. It shall be unlawful for any person to practice horse- Certificates reshoeing in the city of Baltimore or in the twelfth district of Baltimore quired. County, unless such person has obtained a certificate and has been duly registered as hereinafter provided.

Sec. 2. A “board of examiners for horseshoers” is hereby created, which shall consist of five member[s], one of whom shall be doing aminers. business as veterinarian only, two master horseshoers and two journeymen horseshoers, all doing business in Baltimore city, whose duty it shall be to carry out the purposes and enforce the provisions of this act. The members of said board shall be appointed by the governor, and the term for which they shall hold office shall be four years, except that the members of said board to be first appointed under this act shall be designated by the governor to serve one for two years, two for three years, and two for four years, and unless removed by the governor, until their successors are duly appointed. Any vacancy in said board, for any cause, shall be filled by the governor.

Sec. 3. Said board shall meet in the month of May next after the Organization. passage of this act, and organize by the election of a president and secretary, and thereafter shall hold regular meetings in the months of May and November in every year, and such special meetings for the examination of persons desiring to practice horseshoeing as occasion may require; they shall pass such by-laws and prescribe such rules and regulations as may be necessary to carry into effect the provisions of this act; and said board shall, at its first meet, prescribe and clearly Certificate. define the qualifications and tests necessary to obtain a certificate as master or journeyman horseshoer. Printed copies of such requirements shall be furnished to all persons desiring to pass an examination for said certificate, and any person who shall on examination be found by a majority of said board to possess the said requirements so prescribed, shall be granted a certificate to that effect on the payment to said board of a fee of two dollars; and all proceedings of said board Fee. shall be open to public inspection.

Sec. 4. Any person who has practiced as a master or journeyman Certificate horseshoer in the city of Baltimore or the twelfth district of Baltimore without exami

nation. County, for three years prior to the passage of this act, who will file an affidavit to that effect with said board, shall be entitled to a certificate without an examination, on the payment of a fee of twenty-five cents to said board; or anyone who has a certificate from any duly constituted examining board of the State of Maryland, or of any other State, that he is a competent master or journeyman horseshoer, on filing and registering said certificate or a copy thereof with said board, shall be entitled to a certificate from said board without examination, on payment of a fee of two dollars; but, after the passage of this act, Fee.

no person who has not served an apprenticeship at horseshoeing for a period of three years shall be entitled to an examination for said cer

tificate. Register. SEC. 5. All certificates issued by said board shall be signed by its

officers and bear its seal; and the secretary of said board shall keep a book, in which all certificates so issued and the names of the persons to whom the same shall have been issued shall be duly registered, and a transcript from said book of registration, certified by the secretary, with the seal of the board, shall be evidence in any court in the State, and said secretary shall furnish to anyone a copy of his certifi

cate on payment of the sum of one dollar. Penalty. Sec. 6. Any person who shall violate any of the provisions of this

act shall be guilty of a misdemeanor, and upon the conviction thereof in any court having criminal jurisdiction, shall be fined not more than twenty-five dollars or be confined in the Baltimore City Jail or Baltimore County Jail, not more than one month, in the discretion of the court. All fines received under this act shall be paid into the common school fund of the city of Baltimore, or of Baltimore County, if the offense shall have been committed in said county. The provisions of this act shall not interfere with the right of the owners of horses to have them shod at their own shops.

CHAPTER 493.-Company stores-Allegany County. Company stores SECTION 1. It shall not be lawful for any railroad or mining corforbidden.

poration, doing business in Allegany County, nor for the president, vice president, manager, superintendent, any director or other officer of such corporation, to own or have any interest in any general store or merchandise business in Allegany County, in which goods, wares and merchandise are sold, nor to conduct or carry on any such business, or have any interest in the profits of the same in Allegany County, nor to sell or barter any goods, wares or merchandise in such

county. Trader's license. SEC. 2. It shall not be lawful for the clerk of the circuit court for Alle

gany County to issue a trader's license to any corporation or person or persons to sell goods, wares and merchandise, unless he shall first administer to the party applying therefor an oath that no railroad or mining company, or president, manager, superintendent, or any director, or other officer of such corporation, has any interest directly or indirectly in such store or business, or the profits thereof, purposed to

be carried on under said license. Damages.

SEC. 3. Any store or business conducted in Allegany County by railroad or mining corporation, or private individuals engaged in railroading or mining, in which goods, wares or merchandise are sold to the employees of the owners of such store or business in part payment of their wages as such employees, shall be subject to a suit at law for damages by the employees purchasing such goods, and be liable to the said employees in a sum of money equal to the amount paid for such

goods, wares or merchandise bought by such employees. Restraint in Sec. 4. Any such mining corporation who, through its stockholders, trading.

officers, [or] by any rule or regulation of its business, shall make any contract with the keepers or owners of any other store whereby the employees of such corporation shall be obliged to trade with such keeper or owner, shall be guilty of a misdemeanor and upon conviction shall be subject to damages payable to said employee to the extent of the amount of goods purchased from such store; proof of such a contract between the mining corporation and the storekeeper shall be prima facie evidence of the fact that such store is under control of such

mining corporation and in violation of the provisions of this act. Penalty. Sec. 5. Any corporation or person who shall violate any of the pro

visions of this law, which is hereby declared to be a law to prevent employers from controlling the trade of their employees, or coercing and directing them to any certain store, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than fifty dollars nor more than five hundred dollars, and the license of such corporation, person or persons, shall be suppressed.

MASSACHUSETTS.

REVISED LAWS OF 1902.

CHAPTER 6.--Security for wages of employees on public worksContractors'

bonds.

SECTION 77. Officers or agents who contract in behalf of the Com- Bonds required. monwealth for the construction or repair of public buildings or other public work shall obtain sufficient security, by bond or otherwise, for payment by the contractor and subcontractors for labor performed or furnished and for materials used in such construction or repair; but in order to obtain the benefit of such security, the claimant shall file filed within sixty with such officers or agents, a sworn statement of his claims, within days. sixty days after the completion of the work.

Claims to be

Two hours al.

CHAPTER 11.- Time to vote to be allowed employees. SECTION 5 (as amended by chapter 384, Acts of 1902). No person entitled to vote at an election shall

, upon the day of any such election, lowed. be employed in any manufacturing, mechanical or mercantile establishment, except such as may lawfully conduct its business on SundayExceptions. during the period of two hours after the opening of the polls in the voting precinct or town in which he is entitled to vote.

Sec. 413. An owner, superintendent or overseer in any manufactur- Penalty. ing, mechanical or mercantile establishment, except such as may lawfully conduct its business on Sunday, who employs or permits to be employed therein any person entitled to vote at a State election, during the period of two hours after the opening of the polls in the voting precinct or town in which such person is entitled to vote, if he shall make application for leave of absence during such period, shall be punished by fine of not more than one hundred dollars.

CHAPTER 11.- Protection of employees as volers.

SECTION 414. Whoever, by threatening to discharge a person from Making threats. his employment or to reduce his wages, or by promising to give him etc. employment at higher wages, attempts to influence a voter to give or to withhold his vote at an election, or whoever, because of the giving or withholding of a vote at an election, discharges a person from his employment or reduces his wages, shall be punished by imprisonment for not more than one year.

CHAPTER 19.--Civil service-Labor service.

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SECTION 2. * They (the civil service commissioners) may Registrar of laappoint a registrar of labor, who shall, under their direction, supervise the administration of civil service rules applicable to the public labor pointed. service of the Commonwealth or of any city thereof.

Sec. 12. Every application shall state under oath the full name, resi- Statements of dence and post-office address, citizenship, age, place of birth, health applicants. and physical capacity, right of preference as a veteran, previous employment in the public service, business or employinent and residence for the previous five years, and education of the applicant, and such other information as may reasonably be required relative to his fitness for the public service.

Applicants for positions in the labor service of the Commonwealth Registry of laor of the cities thereof shall, to the number of five hundred, be al- borers. lowed to register on the first Monday of February, May, August and November in each year, at the places appointed therefor.

SEC. 13. No question in any examination shall relate to, and no ap-. Scope of exampointment to a position or selection for employment shall be affected by, political or religious opinions or affiliations. Examinations shall be practical and shall relate to matters which will fairly test the capacity and fitness of the applicants. The examination of applicants

H. Doc. 733, 58–2—32

ination.

ees.

for employment as laborers shall relate to their capacity for labor and habits of sobriety and industry and to the necessities of themselves

and their families. Application of Sec. 36. This chapter shall be in force in any town of more than law.

twelve thousand inhabitants when accepted by it. So much of this chapter and the rules established under it as relate to the employment of laborers, designated as the “Labor service," shall not be in force in any city of less than one hundred thousand inhabitants until the city council, with the approval of the mayor, accepts the same.

CHAPTER 20.-- Half holidays for employees on public works-Counties. County employ- SECTION 26. They (the county commissioners) may allow one half

holiday in each week without loss of pay to county employees, in-
cluding therein laborers, mechanics and all other classes of workmen,
during such portions of the year as they may determine.
CHAPTER 25.Liability of towns, etc., for wages of employees on public

works. Employees of SECTION 57. A person to whom a debt is due for labor which has contractor may been performed in constructing a building, sewer or drain, or water sue city, etc.

works or other public works, owned by a city or town, under a contract with any person having authority from or rightfully acting for such city or town in furnishing such labor, shall have a right of action against such city or town to recover such debt if, within thirty days after he ceases to perform such labor, he files in the clerk's office of the city or town against which he claims such right of action a written statement, under oath, of the amount of the debt so due to him, and the names of the persons for whom and by whose employment the labor was performed, and if, within sixty days after he ceases to perform such labor, he commences such action. Such right of action shall not be lost by reason of a mistake in stating the amount due; but the

claimant shall not recover as damages a larger amount than is named Law does not in said statement as due to him, with interest. No person who has extend to sub-contracted to furnish labor other than his own in such construction contractors.

shall have such right of action.
This act is constitutional. 175 Mass. 201.

A public highway is not a public work owned by a city within the meaning of this statute. 173 Mass. 408.

CHAPTER 25.- Half holiday for employees on public works-- Towns. Employees of SECTION 99. The selectmen may provide that the employees of their towns.

town, including laborers, mechanics and all other classes of workmen employed by the town, shall be allowed one half holiday in each week without loss of pay during such portion of the year as the selectmen determine.

Limitation.

CHAPTER 26.- Half holidays for employees on public works--Cities. Employees of SECTION 22. The city council of a city may provide that the emcities.

ployees of such city, including laborers, mechanics and all other classes of workmen employed by said city, shall be allowed one half holiday in each week, without loss of pay, during such portion of the year as the city council determines.

CHAPTER 44.- Employment of children unlawfully absent from school. Children SECTION 1. Every child between seven and fourteen years of age tween seven and shall attend some public day school in the city or town in which he

resides during the entire time the public day schools are in session, subject to such exceptions as to children, places of attendance and schools

as are provided for in section three of chapter forty-two and sections Employment of three, five and six of this chapter. * * * Whoever induces or unlawful ab-attempts to induce a child to absent himself unlawfully from school, sentees.

or employs or harbors a child who, while school is in session, is absent unlawfully from school shall be punished by a fine of not more than fifty dollars.

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CHAPTER 65.— Peddler's license- Mechanics exempt.
Section 15. Hawkers and peddlers may sell without a license

* the product of their own labor or of the labor of their fam- Makers of ilies, if such sale is not in violation of any ordinance or by-laws of a

goods, etc.

Proviso. city or town.

CHAPTER 72.--Trade-marks of trade unions, etc. SECTION 7. A person may adopt a label, not previously owned or Copies to be

filed. adopted by any other person, and file such label for record, by depositing two copies or facsimiles thereof in the office of the secretary of the Commonwealth, one of which copies or facsimiles shall be attached by the secretary of the Commonwealth to the certificate of record hereinafter referred to. The applicant shall file with the label a certificate Statements to specifying the name of the person so filing such label, his residence, be made by apsituation or place of business, the kind of merchandise to which such plicants. label has been or is intended to be appropriated, and the length of time, if any, during which it has been in use. If such label has not been and is not intended to be used in connection with merchandise, the particular purpose or use for which it has been or is intended shali be stated in the certificate. Such certificate shall be accompanied by a written declaration, verified under oath by the person, or by a member of the firm or by an officer of the association, union or corporation, by which it is filed, that the party so filing such label has a right to use the same, and that no other person 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 copies or facsimiles filed therewith are true. The secretary of the Commonwealth shall issue to the person depositing such label a certificate of record, under the seal of the Commonwealth, and the secretary shall cause the certificate

issue. to be recorded in his office. Such certificate of record, or a certified copy of its record in the office of the secretary of the Commonwealth, shall in all suits and prosecutions under the provisions of this section and of sections eight to fourteen, inclusive, be sufficient proof of the recording of such label and of the existence of the person named in the certificate. The fee for filing the certificate and declaration and issuing the certificate of record shall be two dollars. No label shall be recorded which could reasonably be mistaken for a label already on record.

Sec. 9. The supreme judicial court or the superior court shall have Restraint of jurisdiction in equity to restrain the manufacture, use or sale of coun- leits. terfeits or imitations of a label, recorded as provided in section seven, shall award damages resulting from guch wrongful manufacture, use or sale and shall require the defendant to pay the owner of such label the profits derived from such wrongful manufacture, use or sale; and may also order that all such counterfeits or imitations in his possession or control be delivered to an officer of the court, or to the complainant, to be destroyed. If the complainant is not incorporated, suits under the provisions of sections seven, eight and ten to fourteen, inclusive, may be commenced and prosecuted by an officer thereof, on behalf of and for the use of the complainant. Every member of a complainant firm, association or union shall be liable for costs in any such proceeding

Sec. 10. Whoever knowingly makes or uses any counterfeit or imi- Making or using tation of any lawful name or label or causes the same to be made or counterfeits. used, or sells, offers for sale, deals in or has in his possession with intent to use, sell, offer for sale or deal in the same, or affixes, impresses or uses such counterfeit or imitation upon any goods, shall be punished by a fine of not more than two hundred dollars, or by imprisonment' for not more than one year, or by both such fine and imprisonment.

Sec. 11. Whoever, with intent to defraud, knowingly casts, engraves Making or har: or manufactures, or has in his possession, or buys, sells, offers for sale in counterscit or deals in, a die, plate, brand, mold, or engraving on wood, stone, dies, etc. metal or other substance, of a label recorded pursuant to the statutes of this Commonwealth, or a printing press, or types or other tools,

Fee.

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