SEC. 2. Any person wishing to avail himself of the provisions of this act, whether his claim be due or not, shall file in the office of the clerk of the supreme court of the District of Columbia, during the construction or within three months after the completion of such building or repairs, or the placing therein or adjacent thereto of any engine, machinery, or other thing as aforesaid, a notice of his intention to hold a lien upon the property declared by this act liable to such lien for the amount due or to become due to him, specifically setting forth the amount claimed. The clerk aforesaid shall file and record such notice in a book provided for that purpose.

SEC. 3. The lien hereby given shall be preferred to all judgments, mortgages, deeds of trust, liens, and encumbrances which attach upon the said building or the ground aforesaid subsequent to the commencement of work on said building; and all encumbrances and liens (other than those which attached thereto prior to the commencement of said building or repairs) which by the laws of this District are required to be recorded shall be postponed to said liens unless recorded prior to the commencement of said building or repairs.

SEC. 4. When an owner of lands contracts with a builder for the sale of lots and the erection of buildings thereon, and agrees to advance moneys toward the erection of such buildings, the lien herein before authorized shall have priority to all advances made after the filing of said notices of lien, and the lien shall attach to the right, title, and interest of the owner in said building and land to the extent of all advances which shall have become due after the filing of such notice of such lien, and shall also attach to and be a lien on the right, title, and interest of the person so agreeing to purchase said land at the time of the filing of said notices of lien. When a building shall be erected or repaired by a lessee or tenant for life or years, or a person having an equitable estate or interest in such building or the land on which it stands, the lien created by this act shall only extend to and cover the interest or estate of such lessee, tenant, or equitable owner.

SEC. 5. The proceedings to enforce the lien created by this act shall be by bill in equity, which shall contain a brief statement of the contract on which the claim is founded, the amount due thereon, the time when the notice was filed with the clerk as aforesaid, in case such notice is required by this act, the time when the building was completed, with a description of the premises, and any other material facts; and all persons who are interested in the premises, so far as they are known, shall be made parties complainants or defendants; and said bill shall pray that the premises may be sold and the proceeds of the sale applied to the discharge of the lien. The summons shall be served as in other cases in equity. If judgment be rendered for the complainant, the court shall decree the sale of said land and premises, and shall declare the proper distribution of the fund arising from such sale; and if upon sale the proceeds be insufficient to pay all liens under this act, they shall stand as a judgment against the party who incurred the debt, if he be made or become a party to the suit, but not otherwise; and such judgment shall bear interest, and have the same force and effect, and be enforced in the same manner as in cases of judgment at law.

SEC. 6. In the case of labor done or materials furnished for the erection or repair of two or more buildings joined together and owned by the same person or persons, it shall not be necessary to determine the amount of work done or materials furnished for each particular building, but only the aggregate amount upon all the buildings so joined; and the decree of the court shall pass against all the buildings, and the land on which they are erected, as one building; but they may be sold separately if the court so decree. If a joint claim be filed, and the proof shows a separate right of action, it shall not defeat the claim, but the court may require the pleadings to be amended, if necessary, upon such terms as it shall prescribe, and proceed to adjudicate the rights of the parties as to law and justice shall appertain.

SEC. 7. Any person entitled to a lien under this act may commence his suit to enforce the same at any time within one year from and after the filing the notice aforesaid or the completion of said building or repairs, but no final adjudication shall be had until all persons who shall become interested in the building subject to such lien under the provisions of this act shall have an opportunity to be heard in said suit, providing such interest was vested at the time said suit was brought, or be acquired within three months thereafter, and such persons shall intervene in said suit within said term of three months.

SEC. 8. All or any number of persons having liens on the same building pursuant to the provisions of this act may join in one suit, but their respective claims may be stated distinctly in separate paragraphs, and the judgment shall show the amount to which they are respectively entitled. If several suits shall be brought by different claimants, and be pending at the same time, the court may order them to be consolidated.

SEC. 9. If said building be on any land lying outside the cities of Washington and Georgetown, and there is any contest as to the dimensions of the ground claimed to be subjected to the lien declared by this act, it shall be the duty of the court to issue an order to the surveyor of said district, or some other surveyor, to examine the said building, or the place at which said building is being or has been erected or repaired, and to make a report to the court, in which he shall sufficiently designate and describe by metes and bounds, and by a draft if necessary, the limits and extent of ground; and if approved by the court such report shall be conclusive upon all parties concerned; and the land so designated in such report shall, together with said buildings, be subjected to and charged with said lien.

SEC. 12. Any person or persons who shall furnish, at the request of the owner or his agent, materials to do any work on or labor in filling up any lot, or in erecting or constructing any wharf or other permanent fixtures thereon, or in dredging out the channel in front of any wharf, under contract with the owner or his agent, shall be entitled to enforce a lien therefor upon the lots or wharves.

SEC. 13. Any mechanic or artisan who shall make, alter, or repair any article of personal property, at the request of the owner, shall have a lien thereon for his just and reasonable charges for his work done and materials furnished, and he may retain the same in his possession until such charges shall be paid; and if not paid at the end of six months after the work is done, he may proceed to sell the property at public auction, by giving notice once a week for three consecutive weeks in some daily newspaper published in the District of Columbia; and the proceeds of such sale shall be applied first in the discharge of such lien and the expense of selling such property, and the remainder, if any, shall be paid over to the owner thereof.

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ACTS OF 1884-85.

CHAPTER 58.-Certain employments of children forbidden. SECTION 3. * * Any person, having in his custody or control a child under the age of fourteen years, who shall in any way dispose of it with a view to its being employed as an acrobat, or a gyninast, or a contortionist, or a circus-rider, or a rope-walker, or in any exhibition of a like dangerous character, or as a beggar, or mendicant, or pauper, or street-singer, or street-musician; or any person who shall take, receive, hire, employ, use, exhibit, or have in custody any child of the age last named for any of the purposes last enumerated, shall be deemed guilty of a misdemeanor, and when convicted thereof shall be subject to punishment by a fine of not more than two hundred and fifty dollars, or by imprisonment for a term not exceeding two years, or both.

ACTS OF 1886-87.

CHAPTER 45.-Fire escapes on factorics, etc.

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SECTION 1. It shall be the duty of the owner or owners, in fee or for life, of every building constructed and used, or intended to be used, as a * fac黃 tenement house, 營 tory, manufactory, * and of the trustee or trustees of every estate, association, society, college, academy, school, hospital, or asylum owning or using any building fifty feet high or upwards, used for any of the purposes hereinabove mentioned, to provide and cause to be erected and affixed to said building iron fire escapes and combined standpipes and ladders, or either of said appliances as may be approved and adopted by the commissioners of the District of Columbia. SEC. 2. In all *factories, manufactories, workshops, * * or other places mentioned in this act, the hallways and stairways shall be properly lighted when occupied at night; and at the head and foot of each flight of stairs, and at the intersection of all hallways with main corridors, shall be kept during the night a red light; and one or more proper alarms or gongs, capable of being heard throughout the building, shall always remain easy of access and ready for use in each of said buildings, to give notice to the inmates in case of fire; and there shall be kept posted in a conspicuous place in every sleeping-room a notice descriptive of such means of escape; and the building inspector and chief engineer of the fire department shall have the right to designate the location of the said fire escapes and standpipes in conformity with this act, and shall grant certificates of approval to every person, firm, corporation, trustee, and board of school trustees complying with the requirements of this act, which certificate shall relieve the party or parties from the liabilities of fines or damages imposed by this act.

SEC. 3 (as amended by chapter 178, acts of 1894-95). It shall be unlawful to issue a license to the lessee or proprietor of any building in the District of Columbia used as a hotel, factory, manufactory, theater, tenement house, hall or place of amusement or other building used for a business for which a license is required, unless the application for such license is accompanied with the certificate of the inspector of buildings that such building is provided with fire escapes, standpipes, ladders, lights, alarm gongs, and descriptive notices as required by sections one and two of said act. On the failure or neglect, after sixty days notice, of the owner or lessee of any building used as a factory, manufactory, tenement house, or to the trustee of any building used as a seminary, college, academy, hospital or asylum, in the District of Columbia, to provide fire escapes, standpipes, ladders, lights and alarm gongs as required by sections one and two of said act, such person or persons shall be liable to a fine of not less than fifty nor more than one hundred dollars for each day he or they shall fail to provide the same, such fine to be collected by prosecutions in the police court in the name of the District of Columbia. And in cases of default of lessees, trustees or owners in putting up said fire escapes, said Commissioners are hereby empowered, and it is their duty to cause such fire escapes to be erected, and they are hereby authorized to assess the cost thereof as a tax against the buildings on which they are erected and the ground on which the same stands, and to issue tax lien certificates against such building and grounds for the amount of such assessments, bearing interest at the rate of ten per cent per annum, which certificates may be turned over by the Commissioners to the contractor for doing the work: Provided also, That the lessee, owner or trustee, as the case may be, of any such building, who shall fail to erect fire escapes as in said act provided, shall be liable to an action for damages in case of death or personal injury resulting from fire in buildings not provided with fire escapes as required by said act, and that such action may be maintained by any person or persons now authorized by law to sue, as in other cases of injury or death by wrongful act: Provided further, That as to any building which the Commissioners shall determine to be fireproof, they may in their discretion require the erection of fire escapes.

CHAPTER 272.-Examination, licensing, etc., of stationary engineers.

SEC. 1. It shall be unlawful for any person to act as steam engineer in the District of Columbia who shall not have been regularly licensed to do so by the Commissioners thereof.

SEC. 2. All persons applying for such license shall be examined by a board of examiners composed as follows: The boiler inspector for the District of Columbia and two practical engineers to be appointed by the District Commissioners. Said examination shall be conducted in all respects under such rules and regulations as the Commissioners of the District of Columbia shall from time to time provide; and all steam boilers and engines shall be subjected to such tests as the said Commissioners may prescribe.

SEC. 3. Applicants for license as steam engineers must be twenty-one years of age and of temperate habits; must make application in writing, to which application must be attached a certificate as to character and moral habits signed by at least three citizens of the District of Columbia, themselves of moral standing. SEC. 4. The fee for a license as steam engineer shall be three dollars.

SEC. 5. Any person employed as a licensed steam engineer in the District of Columbia who is found under the influence of intoxicating liquor while on duty, shall, for the first offense, have his license revoked for six months; for the second offense, twelve months; and for the third offense, shall have his license revoked and be debarred from following the occupation of licensed steam engineer in the District of Columbia for the period of five years.

SEC. 6. Any owner or lessee of steam boiler or engine, or the secretary of any corporation, who shall knowingly employ a steam engineer as such who has not been regularly licensed to act as such, shall on conviction thereof by the police court of the District of Columbia, be fined fifty dollars, and in default of payment of such fine shall be confined for a period of one month in the workhouse of the District of Columbia: Provided, That boilers used for steam heating, where the water returns to the boiler without the use of a pump and injector or inspirator, and which are worked automatically, shall be exempt from the provisions of this section.

CHAPTER 390.-Elevators.

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SEC. 1. The Commissioners of the District of Columbia * * are hereby authorized and directed to make and publish such orders as may be necessary to

regulate the construction, repair, and operation of all elevators within the District of Columbia, and prescribe such means of security as may be found necessary to protect life and limb.

SEC. 2. Any person or persons, or corporation, who shall neglect or refuse to comply with the orders made pursuant to this act, shall, upon conviction thereof in the police court of the District of Columbia, * *be fined not less than ten dollars nor more than one hundred dollars for each offense.

ACTS OF 1891-92.

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CHAPTER 352.-Hours of labor-Public works. (a)

SECTION 1. The service and employment of all laborers and mechanics who are now or may hereafter be employed by the Government of the United States, by the District of Columbia, or by any contractor or subcontractor upon any of the public works of the United States or of the said District of Columbia, is hereby limited and restricted to eight hours in any one calendar day, and it shall be unlawful for any officer of the United States Government or of the District of Columbia or any such contractor or subcontractor whose duty it shall be to employ, direct, or control the services of such laborers or mechanics to require or permit any such laborer or mechanic to work more than eight hours in any calendar day except in case of extraordinary emergency.

SEC. 2. Any officer or agent of the Government of the United States or of the District of Columbia, or any contractor or subcontractor whose duty it shall be to employ, direct, or control any laborer, or mechanic employed upon any of the public works of the United States or of the District of Columbia who shall intentionally violate any provision of this act, shall be deemed guilty of a misdemeanor, and for each and every such offense shall upon conviction be punished by a fine not to exceed one thousand dollars or by imprisonment for not more than six mouths, or by both such fine and imprisonment, in the discretion of the court having jurisdiction thereof.

ACTS OF 1892-93.

CHAPTER 208.-Employment of private detectives forbidden.

* Hereafter no employee of the Pinkerton Detective Agency, or similar agency, shall be employed in any Government service or by any officer of the District of Columbia.

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ACTS OF 1893-94.

CHAPTER 118.-Labor day.

The first Monday of September in each year, being the day celebrated and known as Labor's Holiday, is hereby made a legal public holiday, to all intents and purposes, in the same manner as Christmas, the first day of January, the twentysecond day of February, the thirtieth day of May, and the fourth day of July are now made by law public holidays.

ACTS OF 1894-95.

CHAPTER 176.-Free text-books, and industrial training, in public schools.

The half of the following sums named, respectively, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, and the other half out of the revenues of the District of Columbia, for the purposes following, being for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, eighteen hundred and ninety-six, namely:

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For the purchase of tools, machinery, material, and apparatus, to be used in connection with instruction in manual training, eight thousand dollars.

For text-books and school supplies for use of pupils of the first eight grades, who at the time are not supplied with the same, to be distributed by the superintendent of public schools under regulations to be made by the Commissioners of

a See Decision, page 1264.

the District of Columbia, and for the necessary expenses of the purchase, distribution, and preservation of said text-books and supplies, thirty-five thousand dollars.

CHAPTER 192.-Seats for female employees.

SECTION 1. All persons who employ females in stores, shops, offices, or manufactories as clerks, assistants, operatives, or helpers in any business, trade, or occupation carried on or operated by them in the District of Columbia, shall be required to procure and provide proper and suitable seats for all such females and shall permit the use of such seats, rests, or stools, as may be necessary, and shall not make any rules, regulations, or orders preventing the use of such stools or seats when any such female employees are not actively employed in their work in such business or employment.

SEC. 2. If any employer of female help in the District of Columbia, shall neglect or refuse to provide seats, as provided in this act, or shall make any rules, orders, or regulations in his shop, store, or other place of business, requiring females to remain standing when not necessarily employed in service or labor therein, he shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be liable to a fine therefor in a sum not to exceed twenty-five dollars, with costs, in the discretion of the court.

FLORIDA.

REVISED STATUTES OF 1892.

PART 1.—TITLE 11.—Shipping masters.

SECTION 933. There shall be created in and for the several ports of this State one or more shipping masters, to be appointed by the mayor with the consent of the common council of each city or incorporated town in this State, whose business it shall be to provide and ship crews for vessels and seamen, in accordance with the laws of the United States, whenever required to do so by proper authority representing the vessels or owners.

SEC. 935. The mayor and council may grant license in conformity to this act, under such rules and regulations as they may prescribe, and such ordinances and orders as in their judgment may be most conducive to the interests of their port, and for the government of the shipping and for the welfare and protection of the marine and seamen, subject to the laws of the United States, and for the direction and government of said shipping masters as they may deem proper; and the same at any time may amend or revoke, and may impose fines for the violation of such rules, ordinances, orders and regulations, provided such fines so imposed by city or town authority under this chapter shall not exceed $50 for each offense in violating said rules, orders, regulations or ordinances.

PART 2.-TITLE 7.-CHAPTER 5.- Mechanics' liens.

Liens prior in dignity to all others may exist in favor of the following persons, upon the following described real estate, under the circumstances hereinafter mentioned, to wit:

SEC. 1726. In favor of any mechanic, laborer or other person who shall perform by himself or others any labor upon, or in the construction or repair of any building or other work or structure, or of additions to, or upon any fixtures therein or thereon; upon such building, work or structure and the land upon which it stands.

SEC. 1727. In favor of any person performing by himself or others any labor upon any railroad, canal, telegraph or telephone line, wharf, mill, distillery or other manufactory, whether in the construction, repair or operation thereof; upon such line, wharf, mill, distillery or other manufactory, any and all franchises, machinery and equipments connected therewith or thereon and on the land upon which they stand.

SEC. 1728. In favor of any person performing by himself or others any labor upon or in any farm, orchard, grove, garden, park or other grounds, whether in clearing up, fencing, ditching or draining, or in maintaining, improving or cultivating the same; upon such farm, orchard, grove, garden, park or other grounds. SEC. 1729. In favor of any person who shall furnish any building material for the construction, repair or use of any building, railroad, canal, or telegraph line,