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advertisement, which may have been previously filed by any person or any association or union of workingmen, provided the person, association or union seeking to file and record under this act is the same person, association or union that previously filed or recorded the same label, trade-mark, term, design, device or form of advertisement.

SEC. 4. Any person who shall for himself or on behalf of any other person, association 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 declaration, 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 recorded [recovered] by or on behalf of the party injured thereby in any court having jurisdiction; and shall be punished by a fine not exceeding $500, or by imprisonment not exceeding three months, or by both such fine and imprisonment.

SEC. 5. Every such person, association or union adopting or using a label, trademark, term, design, device or form of advertisement as aforesaid may proceed by suit for damages to enjoin the manufacture, use, display or sale of any counterfeits thereof; and all courts of competent jurisdiction shall grant injunctions to restrain such manufacture, use, display or sale, and award the 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. Any 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, union 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 five hundred dollars ($500). 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 so to use the same, shall be guilty of a misdemeanor, and shall be punishable by imprisonment for not more than three months, or by a fine of not more than $500.

SEC. 8. In case the plaintiff is successful in maintaining his action either for damages or for permanent relief by injunction, or for nominal damages only, he shall be entitled to recover a reasonable attorney's fee, to be taxed by the court as a part of the costs and merged in the judgment.

Approved February 27, 1901.

PENNSYLVANIA.

ACTS OF 1901.

Act No. 37.-— Regulation, inspection, etc., of bakeshops. SECTION 1. No minor male or female, or adult woman, shall be employed at labor or detained in any biscuit, bread, pie or cake bakery, pretzel or macaroni establishment, for a longer period than twelve hours in any one day, nor for a longer period than sixty hours in any one week.

SEC. 2. All buildings or rooms occupied as a biscuit, bread, pretzel, pie or cake bakery, or macaroni establishment, shall be drained and plumbed in the manner directed by the rules and regulations governing the house drainage and plumbing, as prescribed by law, and all rooms used for the purpose aforesaid shall be ventilated by means of air shafts, windows or ventilating pipes, so as to insure a free circulation of fresh air. No cellar, or basement, not now used for a bakery, shall hereafter be occupied and used as a bakery, unless the proprietor shall have previously complied with the sanitary provisions of this act.

SEC. 3. Every room used for the manufacture of flour or meal food products shall have a tight floor, constructed of cement, wood, or tiles, laid in cement. The inside walls shall be plastered, or painted with oil paint, three (3) coats, or be lime-washed. When painted, shall be renewed at least once in every five years, and shall be washed with hot water and soap at least once in every three (3) months; when lime-washed, the lime-washing shall be renewed at least once in every three (3) months. The furniture and utensils in such room shall be so arranged that the furniture and floor may at all times be kept in a thoroughly sanitary and clean condition. No domestic or pet animal shall be allowed in a room used as a biscuit, bread, pie, or cake bakery, or in any room in such bakery where flour or meal food products are stored.

Sec. 4. The manufactured four and meal food products shall be kept in perfectly dry and airy rooms, so arranged that the flour, shelves, and all other places for storing the same, can be easily and perfectly cleaned.

SEC. 5. Every such bakery shall be provided with a wash-room and water-closet, or closets, apart from the bake-room or rooms, where the manufacture of such food products is conducted, and no water-closet, earth closet, privy, or ash pit, shall be within or communicate directly with the bake-room of any bakery.

Sec. 6. The sleeping room or rooms, for persons employed in bakeries, shall be kept separate and apart from the room or rooms where four or meal food products are manufactured or stored. And such sleeping places, when they are on the same floor as the bakery, shall be inspected in order to maintain them in a condition of cleanliness.

SEC. 7. No employer shall, knowingly, require, permit or suffer, any person to work in his bakeshop who is affected with consumption of the lungs, or with scrofulous diseases, or with any venereal diseases, or with any communicable skin affection; and every employer is hereby required to maintain himself and his employees in a clean condition while engaged in the manufacture, handling or sale of such food products, and it is hereby made the duty of the board of health to enforce the provisions of this section.

SEC. 8. The factory inspector is authorized to issue a certificate of satisfactory inspection to a person conducting a bakery, where such bakery is conducted in compliance with all the provisions of this act.

SEC. 9. The owner, agent or lessee of any property affected by the provisions of sections three and five of this act, shall make the alterations or additions necessary, within such time as said alterations can be made with proper diligence upon the part of such proprietors, and notice to the last known address of such owner, agent or lessee, shall be deemed sufficient for the purpose of this act.

SEC. 10. A copy of this act shall be conspicuously posted and kept posted in each work room of every bread, cake, or pie bakery, or confectionery establishment, in this State.

SEC. 11. Any person who violates any of the provisions of this act, or refuses to comply with any requirements, as provided herein, of the factory inspector or his deputy, who are hereby charged with the enforcement of this act, excepting section seven, shall be guilty of a misdemeanor, and on conviction before any justice of the peace, magistrate, alderman, mayor or burgess, shall be punished by a fine of not less than twenty nor more than fifty ($50) dollars, for a first offense; and not less than fifty ($50) dollars nor more than one hundred ($100) dollars, for a second offense, or imprisonment for not more than ten (10) days; and for a third offense, by a fine of not less than two hundred and fifty (250) dollars and more than thirty (30) days imprisonment.

Sec. 12. All the acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Approved the 4th day of April, A. D. 1901.

Act No. 84. Trade-marks of trade unions. SECTION 1. An act, entitled “An act to provide for the adoption of trade-marks, labels, symbols or private stamps by any incorporated or unincorporated association or union of workingmen, and to regulate the same,” approved May twenty-one, Anno Domini one thousand eight hundred and ninety-five, is hereby amended to read as follows, to wit:

Section 1. Hereafter it shall be lawful for associations and unions of workingmen, incorporated or unincorporated to adopt a label, symbol, trade-mark or private stamp for their protection and for the purpose of designating the product of their particular labor or workmanship, and to register the same in the manner hereinafter provided. Every such association or union of workingmen, having adopted and registered under the provisions of this act any trade-mark, label, symbol or private stamp, shall have, possess and enjoy full, complete and unquestioned power and authority to name, make, dictate and specify the conditions and limitations under which the same may be used by any person or persons employing the member or members of said associations or unions, or manufacturing any article or articles upon which any such trade-mark, label, symbol or private stamp may be affixed, or using in any manner in his or their business the labor symbolized by any such trademark, symbol or private mark, so registered: And provided, That where two or more organizations, associations or unions have adopted an allied crafts’ trade-mark, label, symbol or private stamp, and granted the use of it to any person or persons, and conflict has arisen between such grantee and any one or more of the organizations having an interest in said allied crafts' trade-mark, label, symbol or private stamp, that any one or more of said organizations, associations or unions may rescind the grantee's right to use said joint trade-mark, label, symbol or private stamp, and the continued use of it, after notice in writing that the right thereof has been rescinded by any of the parties interested, shall render the grantee liable to the penalties of this act.

Section 2. Any such association or union, having adopted any such label, symbol, trade-mark or private stamp, may register the same in the office of the secretary of the commonwealth, by filing a description or facsimile thereof, and upon payment of one dollar receive a certificate of such filing, which shall be competent evidence of such registry, in all proceedings in any court of law or equity, for the protection of said associations or unions, or the prosecution of any offender under the provisions of this act: Provided, That notice of the intention of such filing shall be published for three w in two newspapers of general circulation once a week: And provided further, That no label, symbol, trade-mark or private stamp shall be admitted to registration which may be readily mistaken for one already registered.

Section 3. Any person or persons counterfeiting or imitating, or using or displaying a counterfeit or imitation of any such trade-mark, label, symbol or private stamp of any such association or union; or of using any original or bona fide trade-mark, label, symbol or private stamp, after the license or authority to use the same has been rescinded or revoked by the association or union owning, controlling or having jurisdiction over the same; and any person or persons who shall knowingly or wrongfully use any such trade-mark, label or symbol or private stamp of such association or union, by placing the same on goods and wares which are not the product of members of such association or union, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one hundred ($100) dollars and not more than one thousand ($1,000) dollars, or by imprisonment of a term not less than one year and not more than five years, or both, in the discretion of the court.

Section 4. In addition to the remedies provided by this act, any association or union having registered its trade-mark, label, symbol or private stamp, as provided by this act, may proceed before any court having competent jurisdiction to restrain and enjoin the use, manufacture, display or sale of any counterfeit or imitation trademark, label, symbol or private stamp, as aforesaid, or the continued or longer use of any original or bona fide trade-mark, label, symbol or private stamp by any person or persons who may have secured the same unauthorized by the association or union to which it belongs, or whose right, license or authority to use the same has been rescinded or revoked by the association or union owning or controlling the same in whole or in part, as herein before provided: And provided, That the surrender of possession and re-delivery of any such trade-mark, label, symbol or private stamp may be decreed in equity, and enforced as like decrees are now enforced: And provided further, That this amendatory act shall not be construed to repeal the act amended hereby, as to any offense committed, or as to any act done or any penalty, forfeiture or punishment incurred, prior to the taking effect of this amendatory act; nor shall this amendatory act be so construed as to in any way whatever effect [affect] any such offense or act so committed or done, or any penalty, forfeiture or punishment so incurred.

Approved the 2d day of May, A. D. 1901.

Act No. 163.Employment of children. SECTION 1. Any person, association, agency or corporation who shall take, receive, hire, employ, use, or have in custody, any child under the age of eighteen years, or who shall endeavor to secure by advertisement or otherwise any such minor child for the vocation, occupation, calling, service or purpose of taking part in any theatrical performance, or athletic exhibition, or of singing, or of playing upon musical instruments, without the consent of the parents or legally appointed guardians of such child having been first obtained, shall be guilty of a misdemeanor, and upon conviction thereof before any justice of the peace, magistrate or court of record, shall be fined not less than fifty dollars and not more than one hundred dollars. And upon second conviction, shall be imprisoned not less than one year and not more than three years. Approved the 16th day of May, A. D. 1901.

9491—No. 43–02- -11

Act No. 206.— Factory inspection, Employment of women and children, etc. SECTION 1. No minor male or female, or adult woman, shall be employed at labor or detained in any manufacturing establishment, mercantile industry, laundry, workshop, renovating works or printing office, for a longer period than twelve hours in any day, nor for a longer period than sixty hours in any week.

ŠEC. 2. No child under thirteen years of age shall be employed in any factory, manufacturing or mercantile industry, laundry, workshop, renovating works, or printing office within this State.

Sec. 3. It shall be unlawful for any factory, manufacturing or mercantile industry, laundry, workshop, renovating works, or printing office to hire or employ any child between the ages of thirteen and sixteen years, without there is first provided and placed on file an affidavit made by the parent or guardian stating the age, date and place of birth of said child. If said child have no parent or guardian, then such affidavit shall be made by the child, which affidavit shall be kept on file by the employer, and shall be returned to the child when employment ceases.

SEC. 4. All persons authorized to administer oaths must examine all children as to their ability to read and write the English language. After a careful examination, if a child is found unable to read and write the English language, or has not attended school as required by law, or is under thirteen years of age, it will be unlawful to issue a certificate; and in no case shall the officer who executes certificates charge more than twenty-five cents for administering the oath and issuing the certificate.

SEC. 5. Every person, firm or corporation, employing men, women or children, or either, in any factory, manufacturing or mercantile industry, laundry, workshop, renovating works, or printing office, shall post and keep posted, in a conspicuous place in every room where such help is employed, a printed notice, stating the number of hours per day for each day of the week required of such persons; and, in every room where children under sixteen years of age are employed, a list of their names with their age.

SEC. 6. Every person, firm, association, individual, partnership or corporation, employing girls or adult women in any manufacturing, mechanical or mercantile industry, laundry, workshop, renovating wor or printing office in this State, shall provide suitable seats for the use of the girls and women so employed, and shall permit the use of such by them when they are not necessarily engaged in the active duties for which they are employed.

SEC. 7. It shall be the duty of the owner, agent or lessee of any such factory, manufacturing or mercantile industry, school, building, hospital, laundry, workshop, renovating works or printing office, where hoisting shafts or well-holes are used, to cause the same to be properly and substantially enclosed or secured, if in the opinion of the inspector it is necessary, to protect the life or limbs of those employed in such establishments. It shall be the duty of the owner, agent or lessee to provide, or cause to be provided, such proper trap or automatic gates so fastened in or at all elevator-ways, so as to form a substantial surface when closed, and so constructed as to open and close by action of the elevator in its passage, either ascending or descending.

SEC. 8. It shall also be the duty of the owner of such factory, manufacturing or mercantile industry, laundry, workshop, renovating works or printing office, or his agent, superintendent, or other person in charge of the same, to furnish and supply, or cause to be furnished or supplied, in the discretion of the inspector, where dangerous machinery is in use, automatic shifters or other mechanical contrivances for the purpose of throwing on or off belts or pulleys. All gearing and belting shall be provided with proper safeguards. And no minor under sixteen years of age shall be allowed to clean machinery while in motion. And no minor, under fourteen years of age, shall operate or otherwise have the care or custody of an elevator.

SEC. 9. It shall be the duty of the owner or superintendent of all places subject to the factory laws, to report, in writing, to the factory inspector all accidents or serious injury done to any person in their employ, within twenty-four hours after the accident occurs, stating as fully as possible the cause of such injury; and in all fatal and serious accidents, the factory inspector or his deputy may subpæna witnesses, administer oaths, and do whatever may be necessary in order to make a thorough and complete investigation of the accident: Provided, however, That the provisions of this section shall not be construed as interfering with the duties of coroners, under existing laws.

SEC. 10. A suitable and proper wash and dressing room and water-closets shall be provided for males and females, where employed in factories and department stores; and the water-closets, wash and dressing room used by females shall not adjoin those used by males, but shall be built entirely away from them, and shall be properly screened and ventilated, and at all time[s) kept in a clean condition.

SEC. 11. Not less than forty-five minutes shall be allowed for the noonday meal, in any manufacturing establishment in this state. The factory inspector, his assistant or any of his deputies, shall have power to issue permits in special cases, allowing a shorter mealtime at noon, and such permit must be conspicuously posted in the main entrance of the establishment; and such permit may be revoked at any time the inspector deems necessary, and shall only be given where good cause can be shown.

SEC. 12. If the factory inspector or any of his deputies finds that the heating, lighting, ventilation, or sanitary arrangement of any factory, manufacturing or mercantile industry, laundry, workshop, renovating work, or printing office is such as to be injurious to the health of persons employed therein, or as to be dangerous to employees and not sufficiently guarded; or that the vats, pans or structures filled with molten metal or hot liquid are not surrounded with proper safeguards for preventing accident or injury to those employed at or near them; or if the means of exit in case of panic or sudden alarm of any kind are not sufficient, or in accordance with all the requirements of law, he shall notify the proprietor of such factory, manufacturing or mercantile industry, laundry, workshop, renovating works, or printing office to make the alterations or additions necessary, within such time as said alterations can be made with proper diligence upon the part of such proprietors.

SEC. 13. The factory inspector and his several deputies are hereby charged with the duty, and clothed with the power, of inspecting all hotels, school buildings, seminaries, colleges, academies, manufacturing establishments, mercantile industries, laundries, renovating works, printing offices, hospitals, store-houses, public halls, and places of amusement and workshops, all of which are required by law to provide and maintain fire escapes and appliances for the extinguishment of fire; and to compel the owners of all such buildings, who have not complied with the requirements of the existing laws, to comply therewith and provide and maintain fire escapes and appliances for the extinguishment of fire. The fire escape shall be erected and located by order of the factory inspector or his deputy, regardless of the exemption granted by any board of county commissioners, fire marshals or other authorities.

Sec. 14. It shall be the duty of the owner or owners of boilers, used for the generating of steam to be applied to machinery in all industrial institutions subject to factory inspection, to furnish from time to time, as required by the factory department, reports, or other evidence from competent authority, as to the condition of the boilers used for the generating of steam, to the factory inspector: He or his deputies or other agents shall have the right, from time to time, to enter upon the premises where such boiler or boilers are kept, for the purpose of inspecting the same and determining their safety; and if any such boiler or boilers shall be found to be in a dangerous condition and liable to explode, it shall be the duty of the factory inspector or one of his deputies to notify the owner or owners thereof, his or their agent, or engineer in charge, of such dangerous condition; and when so notified by the State factory inspector, his deputy or other agents, it shall be the duty of the owner or owners thereof to immediately cease the use of said boiler or boilers until placed in safe condition: Provided, houerer, That section seven, thirteen and fourteen shall not apply to municipalities in this Commonwealth, where, under the existing law, the boiler inspectors, the building or elevator inspectors, the fire marshal, or other officers are vested with like authority.

SEC. 15. The factory inspector, in order to more effectually carry out the provisions of the factory, bake-shop, sweat-shop and fire-escape laws, is hereby authorized to appoint twenty-five (25) deputy factory inspectors, five of whom shall be women, at a salary of twelve hundred dollars per year; a chief clerk for the department, at a salary of sixteen hundred dollars per year; an assistant clerk and stenographer, at a salary of eleven hundred dollars per year; and a messenger, at a salary of eight hundred dollars per year.

SEC. 16. The traveling expenses of each of said deputies shall be approved by the inspector and audited by the auditor general, before payment.

SEC. 17. Said factory inspector shall have power to divide the State into districts, and to assign one of said deputies to each district, and may transfer any of the deputies to other districts in case the best interests of the State require it. The inspector shall have the power of removing any of the deputy inspectors at any time.

SEC. 18. An office shall be furnished in the capitol, which shall be set apart for the use of the factory inspector. The factory inspector and his deputies shall have the same power to administer oaths or affirmations as is now given to notaries public in cases, where persons desire to verify documents connected with the proper enforcement of this act.

Sec. 19. A printed copy of this act shall be furnished by the inspector to each workroom of every factory, manufacturing or mercantile industry, where persons are employed who are affected by the provisions of this act, and it shall be the duty of the employer of the people therein to post and keep posted said printed copy of the law in each room.

Sec. 20. It shall be the duty of the owner, superintendent, assistant, or person in

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