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TITLE 14.--Trade-marks of trade unions.

Counterfeiting, SECTION 1736. Whenever any person, association or union of worketc., unlawful. ingmen have adopted, or shall hereafter adopt for their protection,

any label, trade-mark, or form of advertisement announcing that goods to which such label, trade-mark, and forms of advertisement shall be attached where manufactured by such person or by a member or members of such association or union, it shall be unlawful for any person or corporation to counterfeit or imitate such label, trade-mark, or form of advertisement with intent to use the same for the purpose

of deceiving the public in the sale of the goods. Misdemeanor. Sec. 1737. Every person who shall use any counterfeit or imitation

of any label, trade-mark, or form of advertisement of any such person, union, or association, knowing the same to be counterfeit or imitation,

shall be guilty of a misdemeanor. Filing copies SEC. 1738. Every person, association, or union of workingmen that

has adopted or shall hereafter adopt a label, trade-mark, or form of advertisement, may file the same for record in the office of the secretary of state by leaving two copies, counterparts or facsimiles thereof, with the secretary of state. Said secretary shall deliver to such person, association, or union, a duly attested certificate of the record of the same, for which he shall receive the fee of one dollar; such certificate of record shall, in all suits under this chapter, be sufficient proof of the adoption of such label, trade-mark, or form of advertisement, and of the right of said person, association, or union to adopt the same. No label shall be recorded that probably would be mistaken for a label

already of record. Use, etc., of Sec. 1739. Every such person, association, or union adopting a label, counterfeits to trade-mark, or form of advertisement as aforesaid, may proceed by be enjoined.

suit to enjoin the manufacture, use, display, or sale of any such counterfeits or imitations, and all courts having jurisdiction thereof shall grant injunction to restrain such manufacture, use, display, or sale, and shall award the complainant in such suits such damages resulting from such wrongful manufacture, use, display, or sale as may by said courts be deemed just and reasonable, and shall require the defendant to pay such person, association, or union the profit derived from such wrongful manufacture, use, display, or sale, and such court shall also order that all counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the

court, or to the complainant, to be destroyed. Whomaybring Sec. 1740. In all cases where such associations or unions are not

incorporated, suits may be commenced and prosecuted by any officer or member of such association or union on behalf of and for the use

of such association or union. Use of name,

Sec. 1741. 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 to so use the same, knowing that such use is unauthorized, with the intent to deceive the public in the sale of goods, shall be guilty of a misdemeanor.

VOL. II.-CIVIL CODE.

action.

etc.

TITLE 2.Payment of wages-Redemption of certificates. Checks, etc., to SECTION 1871. Any corporation or person doing business of any kind be redeemed in

in this State, who shall issue checks or written evidences of indebtedcash.

ness for the wages of laborers, shall redeem at full value, in cash, such written evidences of indebtedness, on demand and presentation to the proper person on the regular monthly pay day, and if there be no regular monthly pay day, then upon demand and presentation on any regular business day, after thirty days from the issuance thereof; and

for every failure to redeem such evidences of indebtedness, said corPenalty. poration or person shall be liable to the owner thereof in the sum of

ten dollars, to be recovered by suit, unless said corporation or person shall, upon the trial, prove insolvency or actual inability to redeem at the time of demand and presentation.

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Ten hours' rest.

Law not a de

TITLE 2.- Eramination, etc., of telegraph operators on railroads. Section 2237. No railroad company shall employ in this State any Age of operatelegraph operator to receive and transmit dispatches governing the tors. movement of trains, who is less than eighteen years of age, and who has not had at least one year's experience as a telegraph operator, and who has not stood a thorough examination before the railroad super

Examination. intendent or train master, and received a certificate of his competency from such officer. A written record of said certificate shall be kept in the office of the officer issuing it, and be subject to inspection at any time.

Sec. 2238. Any railroad company violating the requirements of the Penalty. preceding section shall forfeit for each offense not less than fifty dollars, and not more than five hundred dollars.

TITLE 2.-Hours of labor- Railroad employees. SECTION 2240. No railroad doing business in this State shall require Limit of thiror permit its employees, who are engaged in the business of operating teen hours. its trains over its roads, to make runs of over thirteen hours, or make runs aggregating more than thirteen hours in any twenty-four hours, except when such train is detained by reason of casualty, or other cause, from reaching its destination on schedule time, and no trainmen, after having been on a run or runs for as much as thirteen hours ont of the twenty-four hours shall be required to again go on duty until after ten hours' rest, except in the case above stated. No employee of any railroad company shall be deprived of his right to recover damages for personal injury by reason of the fact that he, at the time of such injury, was making a run of more than thirteen hours, fense. or making a run aggregating more than thirteen hours in twenty-four hours, or had gone on duty after a thirteen hours' run, or runs aggregating thirteen hours before ten hours' rest.

SEC. 2241. Any railroad violating any of the provisions of the pre- Penalty. reding section, shall be subject to a forfeiture of not less than fifty nor more than five hundred dollars; *

TITLE 2.Liability of railroad companies for injuries to employees. SECTION 2297. Railroad companies are common carriers, and liable Measure of as such. As such companies necessarily have many employees who liability. can not possibly control those who should exercise care and diligence in the running of trains, such companies shall be liable to such employees as to passengers for injuries arising from the want of such care and diligence.

Though this statute imposes on railroad companies a different rule of liability from that applied to other classes of employers, it is not unconstitutional. 54 Ga. 509. A company is responsible even though others may be using its franchise. 49 Ga.

Employment and injury need not be immediately connected with the running of trains. 35 Ga. 301.

SEC. 2321. A railroad company shall be liable for any damage done, Damages aristo persons, stock or other property, by the running of the locomo- ing from operatives, or cars, or other machinery of such company, or for damage done by any person in the employment and service of such company, unless the company shall make it appear that their agents have exercised all ordinary and reasonable care and diligence, the presumption in all cases being against the company:

Sec. 2323. If the person injured is himself an employee of the com- Negligence of
pany, and the damage was caused by another employee, and without fellow-servants.
fault or negligence on the part of the person injured, his employment
by the company shall be no bar to the recovery.

This law is not unconstitutional. 73 Ga. 499.
"Without fault” means that plaintiff must not have contributed to the injury,
and must have used due diligence to prevent the consequences of company's negli-
gence. 83 Ga. 594.

But lack of ordinary care by plaintiff is no defense against willful and wanton
Deglect by defendant. 84 Ga. 774.
Negligence not contributing to the injury sued upon will not prevent recovery.

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71 Ga, 644.

H. Doc. 733, 58–2—16

It is not negligence for a passenger engineer to remain at his post so long as a chance remains to avoid collision: public policy encourages such assumption of risk. 74 Ga. 738.

An employee not connected with the running of trains may recover, although at fault, if injured by the running of trains; if injured otherwise he must be without fault in order to recover. 69 Ga. 715, 716.

If an employee is without fault, the railroad is liable for the negligence of a coemployee, whether the injury is connected with the running of trains or not. 73 Ga. 499.

employee hurt while not on duty is on the same footing as the general public. 82 Ga. 580.

An employee injured while coupling cars, using a method which violated orders, can not recover damages. Violation of rules by one employee does not excuse another, unless the employer is shown to so acquiesce as to sanction such violation. 86 Ga. 15.

Rules are not binding unless promulgated. 84 Ga. 420.

A track in a city used by several railroads, though the exclusive property of one, is for the time the track of the company using it: the proprietary company is not liable to its employees for its negligent use by another company. 79 Ga. 489.

Sections 2297 and 2323 apply to street railways as well as to steam roads. 43 S. E.

Rep. 751. Measure of lia- SEC. 2324 (as amended by act No. 102, page 63, Acts of 1896). The bility of receiv- liability of receivers, trustees, assignees, and other like officers oper,

ating railroads in this State, or partially in this State, for injuries and damages to persons in their employ, caused by the negligence of coemployees, or for injuries or damages to personal property, shall be the same as the liability now fixed by law governing the operation of railroad corporations in this state for like injuries and damages, and a lien is hereby created on the gross income of any such railroad while in the hands of any such receiver, trustee, or assignee, or other persons in favor of such injured employees or plaintiff, superior to all other liens against defendant under the laws of this State.

TITLE 2.--- Protection of wages of employees of railroad companies. Wages & prior SECTION 2329. The amounts due employees by any railroad comlien.

pany

for wages earned by service rendered to said railroad company shall constitute a lien upon the railroad and other property of said railroad company, and shall be superior in dignity to the lien of any mortgage or other contract lien executed or created by said railroad company since December 13th, 1893: Provided, That no employee shall be entitled to said lien under this section to an amount exceeding five

hundred dollars. Receiverships. SEC. 2330. Whenever any railroad has been seized by any order or

process from any court appointing a receiver for said railroad company, it shall be the duty of the judge presiding in said court to order payments on account of liabilities specified in the preceding section to be made out of any funds of said company available for said purpose, so soon as the amount of said liabilities is liquidated, and if the same are disputed, then so soon as they can be judicially ascertained, and without awaiting the final judgment in said cause. And whenever any railroad has been seized by any trustee or other person by

authority of any provision in any trust deed or other conveyance to Wages to be secure debt, it shall be the duty of said person so seizing said railroad paid Arst.

to pay said liabilities out of the first moneys coming into his hands, so soon as the amount of the same can be ascertained, or determined judicially or otherwise. And in all cases where a railroad has been seized as last aforesaid, the persons having such claims of liabilities shall have the same right to proceed against said property to collect and secure the amount due on account of said liabilities, as if said railroad had not been seized by any trustee or other person under said trust deed or other conveyance for the security of debt.

Title 3.— Earnings of married women. Earnings sepa- SECTION 2474. All property * acquired by the wife during rate property

coverture, shall vest in and belong to the wife,

TrrLE 3.Liability of employers for injuries to employees. Negligence of SECTION 2610. Except in case of railroad companies, the master is fellow-servants. not liable to one servant for injuries arising from the negligence or

misconduct of other servants about the same business.

Sec. 2611. The master is bound to exercise ordinary care in the Duty of emselection of servants, and not to retain them after knowledge of in- ployer. competency; he must use like care in furnishing machinery equal in kind to that in general use, and reasonably safe for all persons who operate it with ordinary care and diligence. If there are latent defects in machinery, or dangers incident to an employment unknown to the servant, of which the master knows, or ought to know, he must give the servant warning in respect thereto.

SEC. 2612. A servant assumes the ordinary risks of his employment, Assumption of and is bound to exercise his own skill and diligence to protect himself. risk. In suits for injuries arising from the negligence of the master in failing to comply with the duties imposed by the preceding section, it must appear that the master knew or ought to have known of the incompetency of the other servant, or of the defects or danger in the machinery supplied; and it must also appear that the servant injured did not know and had not equal means of knowing such fact, and by the exercise of ordinary care could not have known thereof:

Ser. 2613. All contracts between master and servant, made in con- Contracts waivsideration of employment, whereby the master is exempted from ing liability. liability to the servant arising from the negligence of the master or his servants, as such liability is now fixed by law, shall be null and void, as against public policy.

A servant's widow suing for his homicide occasioned by the negligence of a fellow
Hervant

must show that it was criminal, unless the principal be a railroad or a drug. gist. 70 Ga. 434.

TITLE 3.Employment of labor-Term of employment. SECTION 2614. That wages are payableata stipulated period raises the Term of empresumption that the hiring is for such period; but if anything in the ployment. contract shows that the hiring was for a longer term, the mere reservation of wages for a lesser time will not control. An indefinite hiring may be terminated at will by either party.

TITLE 3.-- Hours of labor in factories, etc. Section 2515. The hours of labor required of all persons employed Limitof eleven in all cotton or woolen manufacturing establishments in this State, mills.

hours in textile except engineers, firemen, watchmen, mechanics, teamsters, yard employees, clerical force, and all help that may be needed to clean up and make necessary repairs or changes in or of machinery, shall not exceed eleven hours per day, or the same may be regulated by employers, so that the number of hours shall not in the aggregate 'exceed sixty-six hours per week: Provided, That nothing herein contained shall be construed to prevent any of the aforesaid employees from working such time as may be necessary to make up lost time, not to exceed ten days, caused by accidents or other unavoidable circumstances.

SEC. 2616. All contracts made or entered into, whereby a longer Contracts time for labor than is provided in the foregoing section shall be re- longer day. quired of said employees, shall be absolutely null and void, so far as the same relates to the enforcement of said contracts with said employees, any law, usage, or custom to the contrary notwithstanding.

SEC. 2617. Any cotton or woolen manufacturing establishment that Penalty. shall make or enforce any contract in violation of the foregoing section, with any person as an employee therein, shall be subject to a forfeiture of an amount not less than twenty and not more than five hundred dollars for each and every such violation.

SEC. 2618. Any person with whom said contract is made, or any Who may slie. person having knowledge thereof, shall be competent to institute suit against said cotton or woolen manufacturing establishment; *

SEC. 2619. The hours of labor by all persons under twenty-one years of age, in all other manufacturing establishments, or machine shops of minors. in this state, shall be from sunrise until sunset, the usual and custo- Night work. mary time for meals being allowed from the same; and any contract male with such persons or their parents, guardians, or others, whereby a longer time for labor is agreed upon or provided for, shall be null and void, so far as relates to the enforcement of said contracts against such laborers.

for

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Hours of labor

Title 3.- Employment of children-Corporal punishment forbidden. Punishment of SECTION 2620. No boss or other superior in any manufacturing estabminors. lishment shall inflict corporeal [corporal] punishment upon minor

laborers; and the owners of such factory or machine shop shall be directly liable for all such conduct on the part of their employees; and such minor may sue in his own name for damages for such conduct, and the recovery shall be his own property, and not belong to his parents.

TITLE 3.- Fire escapes on factories, etc. What build SECTION 2622. Owners of every building more than two stories in ings to have fire height, not including the basement, used in the third or higherstories, in escapes.

whole or in part, as factory or workshop, shall provide more than one way of egress from each story of said building, above the second story, by stairways, on the inside or outside of said building, and such stairways shall be, as nearly as may be practicable, at opposite ends of each story, and so constructed that, in case of fire, the ground can be readily

reached from the third and higher stories. Stairways on the outside Landings. of said buildings shall have suitable railed landings at each story above

the first, and shall connect with each of said stories by doors or win

dows, opening outwardly, and such doors, windows and landings shall Doors to open be kept at all times clear of obstructions. All the main doors of such outwardly.

buildings, both inside and outside, shall open outwardly, and each

story shall be amply supplied with means for extinguishing fires. Inspection. SEC. 2623. The municipal authorities of the town or city where such

building is situated, or the ordinary of the county if the building is situated outside of any town or city, shall require the fire marshal or chief officer of the fire department, and if there is no fire marshal nor chief fireman, then some other suitable official, to examine such buildings at least once a year, and report in writing to said municipal authorities, or said ordinary, that said requirements have or have not been complied with. If not complied with, the municipal authorities or the ordinary, as the case may be, shall notify in writing the owner

of such building to provide needful alterations or additions. - Who to make Sec. 2625. The owners of buildings referred to in this chapter shall alterations.

make all alterations or additions necessary to comply with the requirements of this chapter. Examinations and reports shall be made during the month of December of each year.

tracts.

TITLE 4.- Employment of labor-General provisions. Definition. SECTION 2903. Hiring is a contract by which one person grants to

another either the enjoyment of a thing or the use of the labor and industry, either of himself or his servant, during a certain time, for a stipulated compensation, or where one contracts for the labor or sery

ices of another about a thing bailed to him for a specified purpose. Hiring extends Sec. 2914. The hire of labor or services is the essence of every bailto what con- ment in which goods are delivered to another, and compensation paid

for care, attention or labor bestowed upon them. It includes the contracts of forwarding and commission merchants, factors, wharfingers,

mechanics, and all agents in such transactions. Duty of bailee. SEC. 2915. In all such cases, the bailee is not only bound to exercise

skill in the labor and work bestowed, but it is a part of the contract that he shall exercise ordinary care and diligence in keeping and pro

tecting the articles intrusted to him. Title to goods, Sec. 2916. In such cases, if the identical article, though materially etc., labored on. changed by the labor bestowed, is to be returned, the title remains in

the bailor. If the bailee furnishes a portion of the materials, the title to the entire structure is in the party furnishing the larger portion of the materials. If the bailor furnishes material-such as silver for plate--but the contract does not contemplate the use of that material specially, then the title is in the bailee to the article made, until it is

delivered. Goods

SEC. 2917. If materials are furnished to be manufactured on shares, factured on the title remains in the bailor until the delivery to him of his portion shares.

of the manufactured goods.

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