two copies, counterparts of fac-similes 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 counterparts filed therewith are true and correct. There shall be paid for such filing and recording a fee of $1. 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, for each of which certificates said secretary shall receive a fee of $1. 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 theretofore filed by or on behalf of any other person, union or association. But the said secretary shall file and record under this act any label, trade-mark, term, design, device or form of 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, trade-mark, 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 imita

tions 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 Gomestic 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 flour 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 flour 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 3 and 5 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 factory, 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 7, 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 trademarks, label, symbols or private stamps by any incorporated or unincorporated association or union of workingmen, and to regulate the same,” approved May 21, 1895, is hereby amended to read as follows-to-wit:

Sec. 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 produce of their particular labor or workmanship, and to register the same in any manner in his or their business the labor symbolized by any such 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-marks, label, symbol or private stamp may be affixed, or using in any manner in his or their business the labor symbolized by any such trade-mark, 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.

Sec. 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 fac-simile 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 weeks 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. Sec. 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 trademark, 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.

Sec. 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 trade-mark, 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 offence 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.

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 indus