and lunch in, separate and apart from the male employees of such person or corporation, allowing in said separate room or rooms [sic]; and further, to provide washing sinks for such female employees, separate and apart from such male employees, allowing one such washing sink to each fifteen of such female employees employed by such person or corporation; and further, to provide water-closets for such female employees, separate from those used by such male employees: Prorided, That nothing in this section shall apply to canning establishments doing business in the rural districts of said county.

SEC. 2. It shall be the duty of every storekeeper in New Castle Seats. County to provide seats for his or her clerks and employees, so that when unemployed such clerks and employees may be seated.

SEC. 3. It shall be the duty of every person or corporation employing female labor to provide such places for such female employees to work in during cold weather as shall be reasonably and comfortably

warin.

Workrooms to be warm.

Abusive, etc.,

den.

SEC. 4. It shall be unlawful for any employer of female labor, or any overseer, superintendent, foreman or boss of any such employer of language forbidfemale labor to use toward female employees any abusive, indecent or profane language, or to in any manner abuse, misuse, unnecessarily expose to hardship, or maltreat any such female employee.

SEC. 5. Any person violating any provision of section 4 of this act Penalty. shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten and not exceeding one hundred dollars for each offense; any person or corporation violating any provision of the first, second and third sections of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined the sum of ten dollars, and shall be subject to the further penalty of ten dollars for each day thereafter during which such corporation or person shall refuse or neglect to provide the furnished rooms, seats, appliances or furnish the heat therein mentioned.

tor.

SEC. 7. The chief justice of the State of Delaware is hereby author- Female inspecized and required within sixty days after the passage of this act to appoint a female inspector, whose duty it shall be to visit from time to time all stores, mills, factories and other places of business where female labor is employed and to duly enforce the provisions of this act. Whenever said inspector shall ascertain that the provisions of this act or any of them are being violated by any employer in New Castle County, it shall be the duty of said inspector to serve upon such violator of the provisions of this act written notice that unless such employer shall conform to the requirements of this act, and wholly cease any violation thereof within ten days from the services of such notice, such employer will be prosecuted under the provisions of this act. And it shall further be the duty of said inspector in case of the neglect or failure of such employer, who has received such notice, to conform to the provisions of this act, and to cease all violations thereof within ten days from the said service of said notice, to institute the prosecution of such recalcitrant employer or employers under the provisions of this act, by swearing out before any justice of the peace in New Castle County resident in the hundred where said employer may have his, her or its place of business, or in an adjacent hundred, the necessary warrant or complaint and thereupon to assist and enforce the prosecution of the person or corporation so complained of to the full extent of her power, and it shall further be the duty of such inspector in case any prosecutions under the provisions of this act shall be begun or instituted by any other person than such inspector, to aid, further and assist such independent prosecution of such employer to the best of her power, and whenever such independent prosecution of any such employer shall be begun by any person other than said inspector it shall be the duty of the justice of the peace before whom such complaint shall be made to straightway notify by due course of mail the inspector appointed under this act, informing such inspector of the name of the complainant and defendant, of the names of the witnesses indorsed upon said complaint and of the day, hour and place fixed for the hearing of said cause.

SEC. 8. It shall be the duty of every employer of female labor in New Castle County, whether to the number of ten or upward or less, to

Inspector to permit said inspector to have full and free access at any time during have access to the working noon hours of said employees to the place of business of

workrooms.

Term, etc.

Report.

Limitation of one year.

Sunday den.

such employer where such employees are employed, and in case any such employer shall refuse such inspector full and free access to his place of business as aforesaid, or shall in any way hinder or prevent the full performance of her duties of inspection under the provisions of this act, such employer shall be deemed guilty of a misdemeanor, and upon every conviction of such interference with said inspector in the performance of her duties, shall pay a fine to New Castle County of ten dollars, which fine shall be collected in the same manner as the other fines and penalties heretofore provided for in this act.

SEC. 9 (as amended by chapter 453, Acts of 1897). The inspector appointed under this act shall hold her said office for the term of two years, or until her successor is appointed, and shall receive an annual salary of three hundred dollars, payable quarterly, by warrants upon the county treasury; it shall further be her duty on the first day of August in each year subsequent to the year of her appointment, to make a written report to the chief justice of her acts and of all transactions under this statute. The provisions of this act shall apply to and be enforced only in duly incorporated towns and cities in New Castle County.

CHAPTER 594.-Right of action for personal injuries-Limitation.

SECTION 1. From and after the passage of this act no action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of one year from the date upon which it is claimed that such alleged injuries were sustained.

ACTS OF 1899.

CHAPTER 264.-Sunday labor-Barbers.

Barbering on SECTION 1. Any person who carries on or engages in the business of forbid- shaving, hair cutting or other work of a barber, or who opens or allows to be open his barber shop, or place where such business is done, for the purpose of carrying on his said business on the first day of the week, commonly called Sunday, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten dollars nor more than twenty dollars, and on failure to pay such fine and costs shall be imprisoned not exceeding ten days.

Counterfeiting,

CHAPTER 266.-Trade-marks of trade unions.

SECTION 1. Whenever any labor organization, association or society, etc., unlawful. having headquarters in the State of Delaware, whether an independent body or a branch of a national or international body, shall adopt and use for the protection of its interests any label or seal, it shall be unlawful for any person, firm, corporation or other labor organization or society to counterfeit or imitate such label or seal with intent to use the same for the purpose of deceiving the public or any person, society or organization.

Misdemeanor.

Unauthorized

use.

Copies to be filed.

SEC. 2. Every person, firm, corporation, society, association or organization who shall use any counterfeit or imitation of such labels or seals as described in section 1 of this act, shall be guilty of a misdemeanor and punished therefor.

SEC. 3. No person, firm, corporation, organization or society shall use or display the genuine label or seal of any organization or society in any manner not authorized by law.

SEC. 4. Any person, firm, or corporation filing with the secretary of state of the State of Delaware, two certified copies of the labels or seals referred to above, shall have them officially recorded for the purpose of this act, and shall receive from the secretary of state a certificate to the effect that such record has been made: Provided, That such person, firm or corporation shall pay to the secretary of state the sum of five dollars, one-half of which shall be for the use of the State and one-half as compensation for the secretary of state. The certificate issued by

him shall be valid for five years, provided it is not annulled within that time by the general assembly.

SEC. 5. Any person, firm or corporation violating any of the provisions Penalty. of this act, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred nor more than one thousand dollars, or imprisonment not less than six months nor more than one year or both, at the discretion of the court.

ACTS OF 1901.

CHAPTER 137.-Examination and licensing of barbers.

SECTION 1. A board of examiners, to consist of three reputable barbers, is hereby created, 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, who shall select them from the barbers residing in the city of Wilmington, Delaware. The term for which the members of said board shall hold their office shall be for three years (except that two members of the board first to be appointed under this act, shall be designated by the governor to hold their office for the term of one and two years respectively), unless sooner removed by the governor, and until their successors shall be duly appointed in case of vacancy occurring in said board, such vacancy shall be filled in like manner by the governor. Each member of said board shall enter into a bond to the State of Delaware with one or more sureties to be approved by any judge of any court of this State, in the penal sum of five hundred dollars ($500), conditioned for the faithful performance of his official duties; said bond shall be filed in the office of the secretary of state, and before entering upon his duties each member shall be duly sworn or affirmed to faithfully and impartially perform the duties of his office.

Board of ex

aminers.

SEC. 2. The said board shall choose one of its members president, Organization, one secretary and one treasurer thereof. It shall fix the time and etc. place of meeting or meetings. A majority of said board shall at all times constitute a quorum and the proceedings thereof shall at all reasonable times be open to a reasonable inspection. The board shall also make an annual report of its proceedings to the governor. It shall have power to adopt reasonable rules and regulations, prescribing the Rules. sanitary requirements of a barber shop subject to the approval of the board of health of the city of Wilmington, and to cause the rules and regulations so approved to be printed in suitable form and to transmit a copy thereof to the proprietor of each barber shop in the said city of Wilmington. It shall be the duty of every proprietor or person operating a barber shop in said city to keep posted in a conspicuous place in his shop, so as to be easily read by his customers, a copy of such rules and regulations. A failure of any such proprietor to keep such rules so posted or to observe the requirements thereof, shall be sufficient ground for the revocation of his license, but no license shall be revoked without a reasonable opportunity being offered to such proprietor to be heard in his defense. Any member of said board shall have power to enter and make any reasonable examination of Inspection. any barber shop in said city during business hours, for the purpose of ascertaining the sanitary conditions thereof. Any barber shop in which tools, appliances and furnishings in use therein are kept in an unclean and unsanitary condition so as to endanger health is hereby declared to be a public nuisance, and the proprietor thereof shall be subject to prosecution and punishment therefor.

SEC. 3. Said board shall meet at least three times in each year in the Examinations. said city of Wilmington to conduct an examination of persons desiring

to follow the business or occupation of barbers, and shall give at least

ten days previous notice of the time and place of such meeting in at

least two of the daily newspapers of the said city of Wilmington.

SEC. 4. This act shall take effect from the date of its passage and Registration. within sixty days thereafter it shall be the duty of every person who at the time of the passage of this act shall have been engaged for the period of two years or more, either as journeyman or proprietor, in the business or occupation of a barber in said city of Wilmington, to

Fee.

Certificates.

Examination of applicants.

Compensation.

Apprentices.

Form, etc., of certificate.

Register.

Definition.

cause his or her name and residence or place of business to be registered with said board of examiners. The statement of every such person so registering shall be verified under oath before a notary public of this State, and shall set forth his or her name and residence or place of business and the length of time he or she has acted or served as barber. Every person who shall be so registered with said board as a barber, shall pay to the treasurer of said board the sum of two dollars and shall be entitled to receive from said board a certificate as a barber, and shall pay annually the sum of one dollar for a renewal of said certificate.

SEC. 5. Any person not within the provisions of section 4, or not registering thereunder, desiring to obtain a certificate of registration under this act shall make application to said board thereof, and shall pay to the treasurer of said board an examination fee of five (5) dollars, and shall present himself at the next regular meeting of the board for the examination of applicants, whereupon said board shall proceed to examine such person, and being satisfied that he is above the age of nineteen years, of good moral character, free from contagious diseases, that he has either studied the trade for at least three years as an apprentice under a qualified and practicing barber; or has practiced the trade in another State for at least two years, and is possessed of the requisite skill in said trade to properly perform all the duties thereof, including his ability in the preparation of tools, shaving, hair cutting, and all the duties and services incident thereto, his name shall be entered by the board in the register hereinafter provided for, and a certificate of registration shall be issued to him authorizing him to practice said trade in said city of Wilmington, which said certificate shall be good for one year. All persons who shall have passed a successful examination before said board shall be entitled to receive from said board a certificate thereafter annually upon the payment of a fee of one dollar.

SEC. 6. Each member of said board shall receive a compensation of five dollars per day for actual services, which compensation shall be paid out of the moneys in the hands of the treasurer of said board: Provided, That said compensation shall in no event be paid out of the State treasury.

SEC. 7. Nothing in this act shall prohibit any person from serving as an apprentice to said trade under a barber authorized to practice the same under this act: Provided, That in no barber shop in said city of Wilmington shall there be more than one apprentice to one barber authorized under this act to practice said occupation.

An apprentice within the meaning of this act is anyone who has entered into the employment of a qualified barber for a fixed term in order to learn the trade or art of barbering. Every apprentice in the said city of Wilmington in order to avail himself of the provisions of this act must file with the secretary of said board a statement in writing showing the name and place of business of his employer, the date of the commencement of employment with him, and his full name and age, and shall pay into the treasury of said board a fee of fifty (50)

cents.

SEC. 8. Said board shall furnish to each person to whom a certificate of registration is issued a card or insignia good for the year for which the same is issued, bearing the signatures of its president and secretary, certifying that the holder thereof is entitled to practice the occupation of barber in said city, and the year for which it is issued printed in large figures; and it shall be the duty of the holder of such card or insignia to post the same and any renewal thereof in a conspicuous place in front of his working chair, where it may be readily seen by all persons whom he may serve.

SEC. 9. Said board shall keep a register in which shall be entered the names of all persons to whom certificates are issued under this act and said register shall be at all times open to public inspection.

SEC. 10. To shave or trim the beard or cut the hair of any person for hire or reward received by the person performing such service or any other person shall be construed as practicing the occupation of barber within the meaning of this act.

SEC. 11. It shall be unlawful for any person to follow the occupation Certificate reof a barber without the certificate of said board of examiners: Pro- quired. vided further, That all persons making application (f)or examination under the provisions of this act shall be allowed to practice the occupation of barbering until the next regular meeting of said board.

SEC. 13. Any person violating the provisions of this act shall be Penalty. guilty of a misdemeanor and upon conviction thereof before any justice of the peace residing in the said city of Wilmington or by the municipal court of the city of Wilmington shall be fined not less than five nor more than fifty dollars, and any convicted person who shall refuse or neglect to pay such fine may be imprisoned in the county jail until such fine is paid, not exceeding, however, twenty days.

ACTS OF 1903.

CHAPTER 394.-Wages preferred-In insolvency.

SECTION 57. Whenever any corporation, formed under the provisions of this [general corporation] act, shall become insolvent, the employees doing labor or service of whatever character in the regular employ of such corporation, shall have a lien upon the assets thereof for the amount of the wages due to them, not exceeding two months' wages respectively, which shall be paid prior to any other debt or debts of said corporation; but the word "employees" shall not be construed to include any of the officers of such corporation.

CHAPTER 394.-Safety appliances on railroads.

SECTION 95. No regular or other passenger train on any railroad constructed under this [general corporation] act shall be run without an air brake, or some equally effective appliance for controlling the speed of trains, which may be applied by the engineer to each car composing the train, and which shall at all times be kept in good condition and ready for use at the discretion of the engineer.

Wages to be paid first.

Air brakes to

be provided.

SEC. 96. Any corporation failing to comply with or violating or per- Penalty. mitting any of its employees or agents to violate any of the provisions of sections *** 95 of this act as amended, shall in addition to subjecting itself to any damages that may be caused by such failure or violation be guilty of a misdemeanor, and upon conviction thereof be fined for failure or violation, not less than one hundred dollars nor more than five hundred dollars.

CHAPTER 410.-Hours of labor on public works-City of Wilmington.

SECTION 1. Eight hours shall constitute a legal day's work for all Eight hours a classes of employees employed by the municipal corporation of the day's work. city of Wilmington.

SEC. 2. Each contract to which the municipal corporation of the city of Wilmington is a party which may involve the employment of laborers, workmen or mechanics shall contain a stipulation that no laborer, workman or mechanic in the employ of the municipal corporation of the city of Wilmington, contractor, subcontractor, or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be required to work more than eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood or danger to life or property.

SEC. 3. The wages to be paid for a legal day's work as herein before defined to all classes of such laborers, workmen or mechanics upon all such public work or upon any material to be used upon or in connection therewith shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality in the State where such public work, on, about or in connection with which such labor is performed in its final or completed form is to be situated, erected or used. Each such contract hereafter made shall contain a stipulation that each such laborer, workman or mechanic employed by such contractor, subcontractor or other person on, about or upon

Contracts.

Prevailing

rates of wages.