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be so arranged that it may be put in operation by the engineer
when the train is in motion. Penalty. SEC. 23. Every railroad corporation which shall use any passen
ger car for the conveyance of passengers, without such power brake so applied, shall for every such offense be fined one hundred dollars, one-half thereof to the use of the complainant and one-half thereof to the use of the State; but this penalty shall not apply to an incidental conveyance of passengers in freight cars, nor to “dummy cars," so called, nor to a passenger car attached
to the rear end of a freight train or dummy engine. Height or SEC. 24. No bridge shall hereafter be built over any railroad bridges over track, unless it shall measure at least eighteen feet in the clear, rallroads.
measuring from the bottom of the lowest timber to the top of the rail on said track, excepting bridges erected in renewal or in place
of bridges now existing. Blocking SEC. 50. Every railroad corporation, operating a railroad or part frogs, etc. of a railroad in this State shall adjust, fill or block the frogs,
switches and guard rails on its track, with the exception of guard rails on bridges, so as to prevent the feet of its employees from being caught therein. The work shall be done to the satisfaction of the railroad commissioner, evidenced by his certificate. Any railroad corporation failing to comply with the provisions of this section shall be fined not less than one hundred dollars nor more than one thousand dollars.
CHAPTER 194.--Earnings of married women.
Earnings, . SECTION 1. The real estate, chattels real, and personal estate, etc.,
separate which are the property of any woman before marriage, or which property.
may become the property of any woman after marriage, or which may be acquired by her own industry, including damages recovered in suits or proceedings for her benefit and compensation for her property taken for public use, and the proceeds of all such property, shall be and remain her sole and separate property free from control of her husband.
CHAPTER 198.—Employment of women and children.
Hours of la- SECTION 22 (as amended by chapter 994). No minor under sixbor.
teen years of age, and no woman, shall be employed in laboring in any manufacturing or mechanical establishment more than fifty-eight hours in any one week; and in no case shall the hours of labor exceed ten hours in any one day, excepting when it is necessary to make repairs to prevent the interr ption of the ordinary running of the machinery, or when a different apportionment of the hours of labor is made for the sole purpose of making a
shorter day's work for one day of the week. Schedule Every employer shall post in a conspicuous place in every be posted.
room where such persons are employed a printed notice stating the number of hours' work required of them on each day of the week; and the employment of any such person for a longer time in any day than so stated shall be deemed a violation of this section, unless it appears that such employment is to make up for time lost on some previous day of the same week in consequence of the stopping of the machinery upon which such person was employed or dependent for employment: Provided, That the provisions of this section shall not be construed to enlarge or impair any restriction placed upon the employment of any minor
mentioned in chapter 64. Penalty. SEC. 23. Every person who willfully employs, or has in his
employment or under his charge any person, in violation of the provisions of the preceding section, and every parent or guardian who permits any such minor to be so employed, shall be fined not exceeding twenty dollars for each offense. A certificate of the age of a minor, made by him or by his parent or guardian, at the time of his employment in a manufacturing establishment, shall be conclusive evidence of his age upon any trial of any person other than the parent or guardian for a violation of the preceding section.
SEC. 24. Labor performed in any manufacturing establishment, Ten hours a and all mechanical labor, during the period of ten hours in any day's labor. one day, shall be considered a legal day's work, unless otherwise agreed by the parties to the contract for the same, or unless for the purposes, and subject to all restrictions, mentioned in section twenty-two of this chapter.
CHAPTER 198.-Employment of labor--Notice of intention to leave
and of discharge.
SECTION 25. Every person who requires from any person in Notice of dishis employ, under penalty of a forfeiture of a part of the wages charge requirearned by him a notice of intention to leave such employ, shall
ed, when. be liable to the payment of a like forfeiture if he discharges without similar notice such person in his employ, except for incapacity or misconduct, unless in case of a general or partial suspension of labor in his business.
CHAPTER 233.-Right of action for injuries causing death. SECTION 14. Whenever the death of a person shall be caused by Right ac. the wrongful act, neglect, or default, of another, and the act, neg- crues, when. lect, or default, is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation which, would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a felony. Every such action shall be brought by and in the name of the executor or administrator of such deceased person, whether appointed or qualified within or without the State, and the amount recovered in every such action shall one-half thereof go to the husband or widow, and one-half thereof to the Beneficlaries. children of the deceased, and if there be no children the whole shall go to the husband or widow, and, if there be no husband or widow, to the next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate: Provided, That every such action shall be com- Limitation. menced within two years after the death of such person. If there is no. executor or administrator, or if, there being one, no action is brought in his name within six months after the death, one action may be brought in the names of all the beneficiaries, either by all, or by part stating that they sue for the benefit of all, and stating their respective relations to the deceased : Provided, That if all do not bring such suit, only those bringing it shall be responsible for costs ; but judgment shall be for the benefit of all, and shall be entered as several judgments for each in his proportion as aforesaid, and executions thereon shall issue in favor of each respectively: Provided further, That if such action be brought by the beneficiaries, no action shall thereafter be brought by the executor or administrator. There shall be but one bill of costs in favor of the plaintiffs, which shall enure equally for the benefit of those bringing the suit, and of them only.
SEC. 15. In order to maintain any action given in and by the Criminal propreceding section, it shall not be necessary to first institute crim-ceedings not inal proceedings against the defendant.
required. CHAPTER 254.--Assignments of wages to be recorded. SECTION 28. No assignment of future earnings shall be valid, Assignments excepting as between the parties thereto, until the same has been to be recorded. recorded in a book to be kept for that purpose in the office of the recorder of deeds, if there be one, otherwise in the office of the clerk of the town or city in which the assignor resides, if a resi
dent of this State, or in which he is employed, if not a resident of this State.
CHAPTER 255.—Exemption of wages from attachment, etc.
What wages SECTION 5. The following goods and property shall be exempt exempt. from attachment on any warrant of distress or on any other writ,
original, mesne, or judicial:
10. Wages due or accruing to any seaman.
12. The salary or wages due or payable to any debtor not exceeding the sum of ten dollars, except when the cause of action is for necessaries furnished the defendant.
13. The salary and wages of the wife and of the minor children of any debtor.
CHAPTER 274.—Wages preferred-In insolvency. Rank
or wage debts. SECTION 58. The costs and expenses of administration in pro
ceedings under this chapter, including registers' and clerks' compensation and expenses, the expenses and compensation of the assignee and the reasonable fees of his counsel and attorney, shall be first paid in full out of the insolvent estate, in the order named. Sums due to the United States, to the State of Rhode Island, to any town or municipality in said State, and for the wages of labor performed within six months next prior to the adjudication in insolvency, not exceeding one hundred dollars to any one person, shall be next paid in full out of the insolvent estate, in the order named.
CHAPTER 278.-Intimidation of employees. Interference SECTION 8. Every person who, by himself or in concert with with employ. other persons, shall attempt by force, violence, threats or intimidament.
tion of any kind to prevent, or who shall prevent any other person from entering upon and pursuing any employment, upon such terms and conditions as he may think proper, shall be deemed guilty of a misdemeanor and be fined not exceeding one hundred dollars or be imprisoned not exceeding ninety days.
CHAPTER 279.—Interference with employment. Obstructing SECTION 45. Every person who shall willfully and maliciously business, etc.
or mischievously injure or destroy the property of another, or obstruct the use of the property of another, or obstruct another in the prosecution of his lawful business or pursuits, in any manner, the punishment whereof is not specially provided for by statute, shall be fined not exceeding twenty dollars or be imprisoned not exceeding three months.
CHAPTER 281.-Sunday labor.
SECTION 17. Every person who shall do or exercise any labor or forbidden.
business or work of his ordinary calling, or use any game, sport, play or recreation on the first day of the week, or suffer the same to be done or used by his children, servants or apprentices, works of necessity and charity only excepted, shall be fined not exceeding five dollars for the first offense and ten dollars for the second
and every subsequent offense. Employing
SEC. 18. Every person who shall employ, improve, set to work servant of another.
or encourage the servant of any other person to commit any act
named in the preceding section shall suffer the like punishment. Limitation. SEC. 19. All complaints for violations of the provisions of the
preceding two sections shall be made within ten days after the committing thereof and not afterwards.
SEC. 20. Every professor of the Sabbatarian faith or of the Observance of Jewish religion, and such others as shall be owned or acknowl- another day. edged by any church or society of said respective professions as members of or as belonging to such church or society, shall be permitted to labor in their respective professions or vocations on the first day of the week, but the exception in this section contained shall not confer the liberty of opening shops or stores on the said day for the purpose of trade and merchandise, or lading, unlading or of fitting out of vessels, or of working at the smith's business or any other mechanical trade in any compact place, except the compact villages in Westerly and Hopkinton, or of drawing seines or fishing or fowling in any manner in public places and out of their own possessions; and in case any dispute shall arise respecting the person entitled to the benefit of this section, a certificate from a regular pastor or priest of any of the aforesaid churches or societies or from any three of the standing members of such church or society, declaring the person claiming the exemption aforesaid to be a member of or owned by or belonging to such church or society, shall be received as conclusive evidence of the fact.
ACTS OF 1900.
CHAPTER 735.-Trade-marks of trade unions.
SECTION 1. Whenever any person, or any association or union of Counterfeitworkingmen, has heretofore adopted or used, or shall hereafter ing labels, etc.,
unlawful. 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 knowingly counterfeits or imitates any such Penalty. label, trade-mark, term, design, device, or form of advertisement which has been filed and recorded in the office of the secretary of state as hereinafter provided; or knowingly sells, offers for sale, or in any way utters or circulates any counterfeit or imitation of any such label, trade-mark, term, design, device, or form of advertisement, or knowingly keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise, or other product of labor to which or on which any such counterfeit or imitation is printed, painted, stamped, or impressed; or knowingly sells or disposes of any goods, wares, merchandise, or other product of labor contained in any box, case, can, or package to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped, or impressed; or knowingly keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise, or other product of labor in any box, case, can, or package to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped, or impressed, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than three months.
Sec. 3. Every such person, association, or union that has here- Copies to be tofore adopted or used, or shall hereafter adopt or use, a label,
filed. trade-mark, term, design, device, or form of advertisement as provided in section 1 of this act, shall 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[s] or counterparts filed therewith are true and correct, before there shall be any liability to any suit or proceeding for any violation of this act. There shall be paid for such filing and recording a fee of one dollar. Said secretary of state shall cause a description of such label, trade-mark, term, design, device, or form of advertisement to be published once a week for 3 successive weeks, at the expense of the applicant, in some newspaper published in the city of Providence. After such publication said secretary shall deliver to such person, association, or union so filing or causing to be filed any
such label, trade-mark, term, design, device, of form of advertise. Certificates. ment 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 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 advertise ment. 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 otber person, union,
or association. False repre- SEC. 4. Any person who shall, for himself or on behalf of any sentations.
other person, association, or union, procure the filing of any label, trade-mark, term, design, 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 writing, 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. In any suit or prosecution under the provisions of this act, the defendant may show that he or it was the owner of such label, trade-mark, term, design, device, or form of advertisement prior to its being filed under the provisions of this act, and that it has been filed wrongfully or without righit by some other per
son, association, or union. Enjoining Sec. 5. Every such person, association, or union adopting or using counterfesting, a label, trade-mark, term, design, device, or form of advertisement, etc.
as '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 may grant injunctions to restrain such manufacture, use, display, or sale, and may 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 may 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 may also order that all such counterfeits or imitations in the possession or under the control of any defendant in such cause to be (sic) delivered to an officer of the court, or to the complainant, to be destroyed.
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. Use of name. SEC. 6. Any person or persons who shall in any way use the
name or seal of any such person, association, or union, or officer