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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 ilies, if such sale is not in violation of any ordinance or by-laws of a goods, etc. city or town.

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CHAPTER 72.-Trade-marks of trade unions, etc.

Proviso.

of

Copies to be filed.

Statements to

SECTION 7. A person may adopt a label, not previously owned or 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 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 shall 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 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.

Certificate to

issue.

Fee.

Restraint of

SEC. 9. The supreme judicial court or the superior court shall have use of counterjurisdiction in equity to restrain the manufacture, use or sale of coun- feits. terfeits or imitations of a label, recorded as provided in section seven, shall award damages resulting from such 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 hav or manufactures, or has in his possession, or buys, sells, offers for sale ing counterfeit 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,

machines or materials provided or prepared for making a counterfeit or imitation of such label, 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.

Selling goods SEC. 12. Whoever knowingly sells or exposes for sale goods upon falsely marked. which any lawful name or label or any counterfeit or imitation thereof is unlawfully affixed, impressed, or used 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.

Aiding or abetting.

Prior ownership a defense.

Sanitation.

Construction of work rooms.

Sleeping

places.

ations.

SEC. 13. Whoever, with intent to defraud, knowingly aids or abets in the violation of any of the provisions of the seven preceding sections shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment.

SEC. 14. În any suit or prosecution under the provisions of the five preceding sections, the defendant may show that he was the owner of such name or label prior to its being filed under the provisions of section seven, and that it has been wrongfully filed by some other person. This statute protects the labels of both unincorporated and incorporated associations, and guards against the fraudulent use of genuine labels as well as against counterfeits. 170 Mass. 266.

CHAPTER 75.-Regulation and inspection of bakeries.

SECTION 28. All buildings which are occupied as biscuit, bread or cake bakeries shall be properly drained and plumbed. They shall be provided with a proper wash room and water closets, having ventilation apart from the bake room or rooms where food products are manufactured; and no water closet, earth closet, privy or ash pit shall be within or communicate directly with the bake room of any bakery. SEC. 29. Every room which is used for the manufacture of flour or meal food products shall, if required by the board of health, have an impermeable floor constructed of cement or of tiles laid in cement, and an additional floor of wood properly saturated with linseed oil. The walls and ceiling of such rooms shall be plastered or wainscoted, and, if required by the board of health, shall be whitewashed at least once in three months. The furniture and utensils therein shall be so arranged that they and the floor may at all times be kept clean and in good sanitary condition.

SEC. 30. The sleeping places for persons who are employed in a bakery shall be separate from the rooms in which flour or meal food products are manufactured or stored.

Time for alter- SEC. 32. The owner, agent or lessee of any property affected by the provisions of sections twenty-eight and twenty-nine shall, within sixty days after service of notice requiring any alterations to be made on such property, comply therewith. Such notice shall be in writing, and may be served upon such owner, agent or lessee personally or by mail directed to his last known address.

Penalties.

Added regulations.

SEC. 33. Whoever violates the provisions of the five preceding sections, or refuses to comply with any requirement of the board of health authorized therein, shall, for the first offense, be punished by a fine of not less than twenty nor more than fifty dollars; for the second offense, by a fine not less than fifty nor more than one hundred dollars or by imprisonment for not more than ten days; for the third offense, by a fine of not less than two hundred and fifty dollars or by imprisonment for not more than thirty days or by both such fine and imprisonment.

SEC. 34 (as amended by chapter 403, Acts of 1902). The board of health of a city or town may make such further regulations as the public health may require, and shall cause such regulations, together with the six preceding sections, to be printed and posted in all such bakeries and places of business.

CHAPTER 98.-Sunday labor.

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den.

SECTION 2. Whoever, on the Lord's day, keeps open his shop, Labor forbidwarehouse or workhouse, or does any manner of labor, business or work, except works of necessity and charity, * shall be punished by a fine of not more than fifty dollars for each offense; *** One voluntarily performing labor on the Sabbath and sustaining personal damage from the negligence of the person benefited thereby was engaged in an illegal undertaking which is so connected with the cause of his action as to prevent recovery thereon. 112 Mass. 467.

A contract calling for services on secular days and also for services on the Sabbath such as are forbidden by statute is an entire one, and no action can be maintained thereon. 168 Mass. 519.

SEC. 3. The provisions of the preceding section shall not be held to Exceptions. prohibit the manufacture and distribution of steam, gas or electricity for illuminating purposes, heat or motive power, nor the distribution of water for fire or domestic purposes, nor the use of the telegraph or the telephone, nor the retail sale of drugs and medicines, nor articles ordered by the prescription of a physician or mechanical appliances used by physicians or surgeons, nor the retail sale of tobacco in any of its forms by licensed innholders, common victuallers, druggists and newsdealers whose stores are open for the sale of newspapers every day in the week, nor the letting of horses and carriages or of yachts and boats, nor the running of steam ferryboats on established routes, nor the running of street railway cars, nor the preparation, printing and publication of newspapers, nor the sale and delivery of newspapers, nor the wholesale or retail sale and delivery of milk, nor the transportation of milk, nor the making of butter and cheese, nor the keeping open of public bath houses, nor the making or selling by bakers or their employees, before ten o'clock in the morning and between the hours of four o'clock and half past six o'clock in the evening, of bread or other food usually dealt in by them, nor the carrying on of the business of bootblacks before eleven o'clock in the forenoon.

SEC. 4. Whoever conscientiously believes that the seventh day of Observance of the week ought to be observed as the Sabbath, and actually refrains Saturday. from secular business and labor on that day, shall not be liable to the penalties of section two for performing secular business and labor on the Lord's day if he disturbs no other person.

and trains.

SEC. 14. The board of railroad commissioners may authorize the Steamboats running, on the Lord's day, of such steamboat lines and such trains upon any railroad, as, in the opinion of the board, the public necessity and convenience require, having regard to the due observance of the day.

SEC. 15. The board of railroad commissioners may, if in their opin- Steamboats, ion the public necessity, convenience, health or welfare so requires, authorize the running of steamboats on the Lord's day for the entire year or any part thereof, upon such conditions as they deem judicious to prevent disorderly conduct or the disturbance of public worship; and may at any time revoke such authority.

SEC. 16. The Lord's day shall include the time from midnight to Time included. midnight.

SEC. 17. The provisions of this chapter shall not constitute a defense to an action for a tort or injury suffered by a person on the Lord's day.

An engineer of a locomotive, laboring on the Sabbath, and injured by a defect in the track, contributes by his illegal act to such injury and can not recover therefor. 140 Mass. 199.

CHAPTER 100.-Employment of minors in barrooms, etc.

SECTION 60. Whoever, being the holder of a license for the sale of intoxicating liquors to be drunk on the premises, employs any person under the age of eighteen years to serve such liquors to be drunk on the premises shall be punished by a fine of not more than one hundred dollars.

SEC. 61. Whoever employs a minor under the age of eighteen years in handling intoxicating liquors or packages containing such liquors in a brewery or bottling establishment in which such liquors are prepared for sale or offered for sale shall, for each offense, be punished

Law not a defense.

Minors under eighteen not to serve;

Nor to handle intoxicants.

Employer may

by a fine of not less than fifty dollars or by imprisonment for not less than three months, or by both such fine and imprisonment. The provisions of this section shall not prohibit the employment of minors in drug stores.

CHAPTER 100.-Sale of liquor to employees.

SECTION 63. The * * * employer of a person who has the habit give written no- of drinking spirituous or intoxicating liquor to excess, *

tice.

* *

may

give notice in writing, signed by him or her, to any person requesting him not to sell or deliver such liquor to the person having such habit. If the person so notified at any time within twelve months thereafter sells or delivers any such liquor to the person having such habit, or permits him to loiter on his premises, the person giving the notice may, in an action of tort, recover of the person notified such Penalty fordis- amount, not less than one hundred nor more than five hundred dolregard. lars, as may be assessed as damages; but an employer who gives such notice shall not recover unless he is injured in his person or property, and a druggist or apothecary shall not be liable hereunder for a sale made upon the prescription of a physician. * * * Upon the death Survival of of either party or of the person beneficially interested in the action, right of action. the action and right of action shall survive to or against or for the benefit of his executor or administrator.

Moneynotto be

CHAPTER 102.-Employment offices.

SECTION 23. Whoever, without a license therefor, establishes or keeps an intelligence office for the purpose of obtaining or giving information concerning places of employment for domestics, servants or other laborers, except seamen, or for procuring or giving information concerning such persons for or to employers, or for procuring or giving information concerning employment in business, shall be punished by a fine of ten dollars for each day such office is so kept.

SEC. 24. The mayor and aldermen of any city except Boston, and in Boston, the board of police, and the selectmen of any town, may, for the purposes mentioned in the preceding section, grant licenses to suitable persons, * * and may revoke them at pleasure.

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SEC. 25. The keeper of an intelligence office shall not receive or received, when. accept any money from a person seeking employment through the agency of such office, unless employment of the kind demanded is furnished.

Money to be

SEC. 26. If a person who receives employment through the agency refunded, when. of an intelligence office is discharged by his employer within ten days after the time of entering upon such employment, and such discharge is not caused by his inability, incompetence, refusal to perform the work required or other fault, the keeper of such intelligence office shall on demand refund to him five-sixths of the amount paid to such keeper by the employer on account of such employment.

posted.

Statutes to be SEC. 27. City and town officers who are charged with the duty of granting licenses to keepers of intelligence offices shall cause sections twenty-five to twenty-eight, inclusive, to be printed on every such license. They shall also cause to be prepared and shall furnish to each keeper of a licensed intelligence office copies of said sections, printed upon cardboard in type of a size not smaller than pica, and each licensee shall conspicuously post three of said printed copies in each room occupied by him for the purpose of such intelligence office. SEC. 28. If a keeper of an intelligence office violates the provisions of the three preceding sections, his license shall be revoked and he shall be punished by a fine of not less than twenty-five nor more than fifty dollars for each offense.

Penalty.

License required.

Exceptions.

CHAPTER 102.-Examination and licensing of stationary engineers and firemen.

SECTION 78. No person shall have charge of or operate a steam boiler or engine in this Commonwealth, except boilers and engines upon locomotives, motor road vehicles, boilers in private residences,

boilers in apartment houses of less than five flats, boilers under the jurisdiction of the United States, boilers used for agricultural purposes exclusively, boilers of less than eight horsepower, and boilers used for heating purposes exclusively which are provided with a device approved by the chief of the district police limiting the pressure carried to fifteen pounds to the square inch, unless he holds a license as hereinafter provided. The owner or user of a steam boiler or engine, other than boilers and engines above excepted, shall not operate or cause to be operated a steam boiler or engine for a period of more than one week, unless the person in charge of and operating it is duly licensed.

violation.

SEC. 79. If such steam engine or boiler is found to be in charge of Evidence or operated by a person who is not a duly licensed engineer or fireman and, after a lapse of one week from such time, it is again found. to be operated by a person who is not duly licensed, it shall be deemed prima facie evidence of a violation of the provisions of the preceding section.

SEC. 80. The words “have charge" or "in charge," in the two pre- Definitions. ceding sections, shall designate the person under whose supervision a boiler or engine is operated. The person operating shall be understood to mean any and all persons who are actually engaged in generating steam in a power boiler.

Fee.

SEC. 81. Whoever desires to act as an engineer or fireman shall Applications. apply for a license therefor to the examiner of engineers for the city or town in which he resides or is employed, upon blanks to be furnished by the examiner. The application shall be accompanied by a fee of one dollar and shall show his experience during the preceding three years or time of service. The applicant shall be given a practical examination and, if found competent and trustworthy, he shall receive, within six days after the examination, a license graded according to the merits of his examination, irrespective of the grade of license for which he applies. The applicant shall have the privilege of having one person present during his examination, who shall take no part in the same, but who may take notes if he desires. No person shall be entitled to receive more than one examination within ninety days, except in case of an appeal as hereinafter provided. A license shall continue in force for three years, or until it is revoked for Revocation. incompetence or untrustworthiness of the licensee; and a license shall remain revoked until a new license is granted. A license, unless revoked, shall be renewed by an examiner of engineers upon applica

tion and without examination, if the application for renewal is made Renewal. within six months after its expiration. If a new license of a different grade is issued, the old license shall be destroyed in the presence of the examiner. If a license is lost by fire or other means, a new license shall be issued in its place, without reexamination of the licensee, upon satisfactory proof of such loss to an examiner.

censes.

of

SEC. 82. Licenses shall be granted according to the competence of Classes of lithe applicant, and shall be distributed in the following classes:-Engineers' licenses:-First class, unlimited in horse power. Second class, to have charge of and operate a boiler or boilers and an engine not exceeding one hundred and fifty horse power. Third class, to have charge of and operate a single boiler and an engine not exceeding fifty horse power. Firemen's licenses:-First, to operate any boiler or boilers. Second, to have charge of and operate low pressure heating boilers in which the pressure carried is less than twenty-five pounds to the square inch. A person who desires to have charge of or to operate a particular steam plant or type of plant may, if he files with his application a written request signed by the owner or user of said plant for such examination, be examined as to his competence for such service and no other, and if found competent and trustworthy shall be granted a license for such service and no other.

SEC. 84. A person who is aggrieved with the action of an examiner Appeals. in refusing or revoking a license may, within one month after his decision, appeal therefrom to the remaining examiners, who shall together act as a board of appeal, and a majority of whom shall have the power to hear the parties and pass upon the subjects of appeal. The appellant may have the privilege of having one first-class engineer