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ACTS OF 1893.

CHAPTER 39.Height of bridges over railroads, etc. Alterations SECTION 1. The board of railroad commissioners may require may be ordered. the proprietors of a railroad to raise any railroad bridge and any

overhead highway bridge, and in the case of a highway bridge to change the approaches thereto so as to make them as nearly level as practicable. Whenever it is necessary, in complying with such requirement of the commissioners, to raise or lower or otherwise change the location of a highway outside the railroad location, any land needed for that purpose shall be taken, and the damage, if any, to landowners shall be appraised and paid, in the manner described in chapter 158 of the Public Statutes. Any party aggrieved by such appraisal shall have a right of appeal as provided in said chapter. The expense of such improvements shall be paid in the first instance by the railroad corporation, but, upon its petition, the commissioners may apportion such part of the cost outside the railroad location, as is in their judgment just, to the city or town, and the railroad may recover the amount so apportioned in an action of debt. Proceedings under this act shall only be had after due notice to the railroad corporation, the town or city officials, and the landowners, and all orders and findings of the commissioners shall be filed with the clerk of the town or city in which

such bridge is located, and served upon the railroad corporation. Height of new SEC. 2. No covered railroad bridge shall hereafter be constructed structures.

in this State with less than twenty-one feet between the top of the rails and the lowest point of the overhead structure, except with the written consent of the railroad commissioners, said consent to be filed and recorded in the office of the secretary of state, and no railroad corporation shall receive or haul any freight car exceeding fourteen feet in height from the rails to the top of the

running board. Penalty. SEC. 3. Neglect by any railroad corporation to comply with the

orders of the commissioners, within a reasonable time to be specified in such orders, shall be punished by a fine of $50 per day, to be collected by the commissioners in the name and for the use of the State in an action of debt.

CHAPTER 48.Bureau of labor.

er.

Appointment

SECTION 1. The governor, with advice and consent of the council, of commission is hereby authorized to appoint, as soon after the passage of

this bill as may be, some competent person to act as commissioner of labor, and le, with such clerks as he may have, shall constitute a bureau of labor, with its principal place of business in

the statehouse, or some other suitable place in the city of Concord. Term.

SEC. 2. The commissioner shall hold his office for the term of three years, and until a successor is appointed and qualified. He

may be removed at the pleasure of the governor and council. Compensa- SEC. 3. The annual salary of the commissioner shall be tifteen tion.

hundred dollars, payable from the State treasury in equal quarterly payments, and the governor is hereby authorized to draw his warrant for the payment of said sum, together with such office and traveling expenses of said bureau as he with the council shall

approve. Temporary SEC. 4. In case of the inability of the commissioner to perform commissioner. his duties, the governor, with advice of the council, may appoint

a commissioner for the time being, who shall have the powers and perform the duties of the office while the inability of the commissioner continues. · The governor and council shall determine when such appointee shall cease to act as commissioner. Such temporary commissioner so appointed shall be paid from the State treasury five dollars a day for the time actually spent in the performance of his duties; and the governor and council shall audit and allow his account

Duties.

SEC. 5. The duties of the commissioner shall be to collect, assort, arrange, and present in annual reports, on or before the first day of January each year, statistical details relating to all departments of labor in the State of New Hampshire, especially in relation to the commercial, industrial, social, educational, and sanitary condition of the laboring classes, and the permanent prosperity of the productive industry of the State.

Sec. 6. Said commissioner shall devote his whole time to the duties of his office, and hold no other public office during his term as commissioner.

ACTS OF 1895.

Same subject.

CHAPTER 16.-Seats for female employees.

SECTION 1. Every person, firm, or corporation employing females Seats to be in any manufacturing, mechanical, or mercantile establishment in provided. this State, shall provide suitable seats for the use of the females so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed.

SEC. 2. Any person, firm, or corporation violating any of the pro- Penalty. visions of this act shall be punished by a fine of not less than ten dollars nor more than thirty dollars for each offense.

CHAPTER 42.-Trade-marks of trade unions, etc.

SECTION 1. Whenever any person, association, or union of work-. Counterfeitingmen have adopted, or shall hereafter adopt, for their protec- ing labels, etc. tion, any label, trade-mark, or form of advertisement announcing that goods to which such label, trade-mark, or form of advertisement shall be attached were 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. And whenever any person, firm, association, or corporation is the owner of any literary, dramatic, or musical composition and the rights of the author pertaining thereto, and such composition has not been copyrighted, printed, or published, or of any map, charter, engraving, cut, print, photograph or negative thereof, statue, statuary, model, or design, which has not been copyrighted or offered for sale, it shall be unlawful for any other person, firm, association, or corporation to publish, produce, print, or sell or offer to sell the same without first obtaining the consent of the owner thereof.

SEC. 2. Every person who shall use any counterfeit or imitation l'sing counof any label, trade-mark, or form of advertisement of any such terfeit. person, union, or association, knowing the same to be counterfeit or imitation, shall be guilty of a misdemeanor, and shall be punished as provided in section 7 of this act.

SEC. 3. Every such person, association, or union that has hereto- Copies of lafore adopted, or shall hereafter adopt, a label, trade-mark, or form bels, etc., to be

filed. of advertisement as aforesaid, 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; and the secretary shall deliver to such person, association, or union so filing the same a duly attested certificate of the record of the same, for which he shall receive a fee of one dollar. Such certificate of record shall, in all suits and prosecutions under this act, be prima facie 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.

Sec. 4. Every such person, association, or union adopting a label, Enjoining trade-mark, or form of advertisement as aforesaid, may proceed by counterfeiting, buit to enjoin the manufacture, use, display, or sale of any such counterfeits or imitations; and all courts having jurisdiction thereof shall grant injunctions to restrain such manufacture, use,

use.

display, or sale, and such person, association, or union shall be entitled to such damages resulting from such wrongful manufacture, use, display, or sale as may be deemed just and reasonable ; and the supreme court shall also order that all counterfeits or imitations in the possession or under the control of the defendant in such case be delivered to an officer of the court, or to the com

plainant, to be destroyed. Unauthorized SEC. 5. Every person who shall use or display the genuine label,

trade-mark, or form of advertisement of any such person, association, or union, in any manner not authorized by such person, association, or union, shall be deemed guilty of a misdemeanor, and shall be punished as provided in section 7 of this act. In all cases where such association or union is not incorporated, suits under this act may be commenced and prosecuted by any officer or member of such association or union, in 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 thereof, in and about the sale of goods or otherwise, not being authorized to so use the same, shall be guilty of a misdemeanor,

punishable as provided in the succeeding section. Penalty. Sec. 7. Any violations of any of the provisions of this act shall

be punished by imprisonment in the county jail for a term of not less than three months nor more than one year, or by a fine of not less than one hundred dollars nor more than two hundred dollars, or both.

etc.

ACTS OF 1897.

CHAPTER 76.—Peddlers' license-Mechanics cxempt.

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Ma kers of

SECTION 1. No person shall do any business as a hawker or pedgoods, etc.

dler, or go about from town to town, or from place to place in the same town, exposing for sale or selling any goods, wares, or merchandise, other than

the products of his own labor or the labor of his family, and the product of his own farm or the Exception. one which he tills, the manufacturers of furniture and ladders

excepted, until he shall have procured a license so to do as hereinafter provided.

ACTS OF 1899.

CHAPTER 55.-Eramination and licensing of plumbers.

License re- SECTION 1 (as amended by chapter 99, Acts of 1901). No person, quired.

firm, or corporation engaged in or working at the business of plumbing in any city or town in this State as shall by vote adopt the provisions of this chapter, shall hereafter engage in or work at said business in this State, either as a master or employing plumber, or as a journeyman plumber, unless such person or persons shall first obtain license or certificate so to do, in accordance

with the provisions of this act. Examination.

SEC. 2. Any person not engaged in or working at the business of plumbing prior to the passage of this act, and desiring to engage in or work at said business either as a master or employing plumber, or as a journeyman plumber, in any city or town where licenses for plumbers are required, shall be examined as to his

qualifications for such business by the board of examiners hereinRegistry with- after provided for. On or before the first day of September in the out examina- year 1899, every master or employing plumber, and every journeytion.

man plumber, engaged in or working at the business of plumbing in this State prior to the passage of this act, and desiring to engage in or work at said business in any city or town where licenses for plumbers are required, shall personally register his name and address at the office of the board of examiners hereinafter provided for, and state, after being sworn, where and how long he has been engaged in or has worked at said business, and whether as a master or employing plumber, or as a journeyman plumber. Said board of examiners, if satisfied that the person so registering was actually engaged in or working at said business prior to said date, shall thereupon issue to him a certificate, setting forth that he was engaged in or working at the business of plumbing, either as a master or employing plumber, or as a journeyman plumber, as the case may be, prior to the passage of this act, and authorizing him to engage in or work at said business as a master or employing plumber, or as a journeyman plumber.

Sec. 3 (as amended by chapter 99, Acts of 1901). Any such city Board of exor town in this State which shall by vote adopt the provisions of aminers. this chapter, may by ordinance or by-law prescribe rules and regulations for the materials, construction, alteration, and inspection of all plumbing, house drainage, and sewer connections, creating a board for the examination of plumbers, fixing the length of term each member shall serve, and providing for an inspector of plumbing. Said board shall be appointed by the mayor or board of selectmen, and shall consist of the following three persons: A member of the local board of health, the city or town engineer, or, in the absence of such officer, a local physician in regular practice, and a journeyman plumber of not less than five years' active and continuous practical experience.

SEC. 4 (as amended by chapter 99, Acts of 1901). The examin- Duties of ing board when created as aforesaid shall examine and pass upon

board. all applicants, whether as masters or employing plumbers, or journeyman plumbers, in their respective cities or towns, and also all persons who may apply for the office of plumbing inspector. They shall issue a license to such persons only as shall successfully pass the required written and practical examination; and they shall register in a book kept for that purpose the names and places of business of all persons to whom a plumber's license has been granted. They shall not issue a license for more than one year, but the same shall be renewed from year to year upon proper application and upon the payment of a fee of fifty cents. Said examining board shall serve without compensation. Each applicant for examination for a plumber's license or certificate shall pay the sum of one dollar, and all moneys so collected shall be paid into the treasury of the city or town where such application is made. The license or certificate provided for by this act shall be nontransferable; and said application and examination shall not be required of the same person more than once in the same city or town. Said license or certificate shall be valid throughout the State.

Sec. 5. Any person violating any provision of this act, or any Penalty. ordinance, by-law, rule, or regulation made thereunder, shall be deemed guilty of a misdemeanor, and shall be subject to a fine not exceeding fifty dollars for each and every violation thereof, and his license may be revoked by the examining board provided for in this act.

Sec. 6. The provisions of this act shall apply to all persons who Application of are now or may be hereafter learning the business of plumbing, law. when they are sent out to do the work of a journeyman plumber.

CHAPTER 69.–Protection of employees on street railways-Inclosed

platforms.

SECTION 1. All cars used by any street railway company in the Platforms to transportation of passengers shall have the platforms of such cars

be inclosed. inclosed in such manner as the railroad cominissioners direct, to protect the motormen, conductors, or other employees operating said cars from exposure to the inclemency of the weather during such months and upon such streets, highways, or routes as the railroad commissioners shall direct, after a hearing by said board, upon petition or of their own motion, and upon personal notice to the street railway company or companies interested, and such

Penalty.

further notice as said railroad commissioners may deem expedient and order. And said board shall have authority to modify, change, and revise any orders by it made under this act from time to time, after personal notice to the street railway company affected, giving it a chance to be heard, and such further notice as it may deem expedient.

SEC. 2. Any street railway company which fails or neglects to comply with such orders of the board of railroad commissioners shall be fined not more than fifty dollars ($50) for each day during which such failure or neglect continues.

SEC. 3. The term “company," as used in this act, shall include any corporation, partnership, or person owning or operating a street railway.

ACTS OF 1901.

Definition.

CHAPTER 60.--Employment offices. License re- SECTION 1. Whoever, without a license therefor, establishes or quired.

keeps an intelligence office for the purpose of obtaining or giving information concerning places of employment for domestics, servants, or other laborers, or for the purpose of procuring or giving information concerning such person for or to employers, or for the purpose of procuring or giving information concerning employment in business, shall pay a fine of ten dollars for each day such office

is so kept. Who may is- SEC. 2. The mayor and aldermen of any city, or the selectmen of sue license.

any town, may, for the purposes mentioned in the preceding section, grant licenses to suitable persons, subject to the provisions

of sections 3 to 7, inclusive, and may revoke the same at pleasure. Records. Sec. 3. Licenses granted to keepers of intelligence offices shall

be signed by the clerk of the city or town in which they are granted, and every such license shall be recorded by the clerk of the city or town in a book kept for that purpose, before being delivered to the licensee. Such license shall set forth the name of the person licensed, the nature of the business, and the building or place in such city or town in which it is to be carried on, and shall continue in force until the first day of May next ensuing, unless sooner revoked.

Sec. 4. The board issuing such a license shall receive for the use of the city or town for each license such sum not less than two

dollars as the board shall deem reasonable. Time of issue. SEC. 5. Such license may be granted during the month of April,

to take effect on the first day of May then next ensuing. Restriction as Sec. 6. No license issued as aforesaid shall be valid to protect to place.

the holder thereof in a building or place other than that designated in the license, unless consent to removal is granted by the

mayor and aldermen or selectmen. Revocation. Sec. 7. When such license is revoked, such clerk shall note the

revocation upon the face of the record of the license, and shall give written notice to the holder of the license by delivering the same to him in person or leaving it at the place of business designated in the license.

Fee.

ACTS OF 1903.

CHAPTER 95.Employment of females in barrooms, etc.

SECTION 17. It shall not be lawful

Females not 2. To permit any girl or woman, to be employed. liquor on the premises (where liquor is sold).

to sell or serve any

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