Abbildungen der Seite
PDF
EPUB

respective instances by said employer or by a majority of the employees in the department of the business in which the controversy or difference exist, or the duly authorized agent of either or both parties. When an application is signed by an agent claiming to represent a majority of such employees, the board shall satisfy itself that such agent is duly authorized in writing to represent such employees, but the names of the employees giving authority shall be kept secret by said board. SEC. 7. Said application shall contain a concise statement of the grievances complained of, and a promise to continue on in business or at work in the same manner as at the time of the application without any lockout or strike until the decision of said board if it shall be made within ten days of the date of filing said application.

SEC. 8. As soon as may be after the receipt of said application, the secretary of said board shall cause public notice to be given of the time and place for the hearing therein, but the public notice need not be given when both parties to the controversy join in the application and present therewith a written request that no public notice be given. When such request is made, notice shall be given to the parties interested in such manner as the board may order, and the board may, at any stage of the proceedings, cause public notice to be given. notwithstanding such request. Should the petitioner or petitioners fail to perform the promise made in said application, the board shall proceed no further therein until said petitioner or petitioners have complied with every order and requirement of the board.

SEC. 9. The board shall have power to summon as witnesses any operative in the department of business affected and any person who keeps the record of wages earned in these departments, and examine them under oath and to require the production of books and papers containing the record of wages earned or paid. Summons may be signed and oaths administered by any member of the board. The board shall have the right to compel the attendance of witnesses or the production of papers.

SEC. 10. Whenever it is made to appear to the mayor of a city or the judge of any district court in any parish, other than the Parish of Orleans, that a strike or lockout is seriously threatened or actually occurs, the mayor of such city, or the judge of the district court of such parish, shall at once notify the state board of the fact. Whenever it shall come to the knowledge of the state board either by the notice of the mayor of a city or the judge of the district court of the parish, as provided in the preceding part of this section or otherwise, that a lockout or strike is seriously threatened, or has actually occurred, in any city or parish of this State, involving an employer and his present or past employees, if at the time he is employing, or up to the occurrence of a strike or lockout was employing not less than twenty persons in the same general line of business in any city or parish in the State, it shall be the duty of the state board to put itself in communication as soon as may be with such employer or employees.

SEC. 11. It shall be the duty of the state board in the above described cases to endeavor, by mediation or conciliation to effect an amicable settlement between them, and to endeavor to persuade them, provided a strike or lockout has not actually occurred or has [is] not then continuing to submit the matter in dispute to the state board of arbitration and conciliation; and the state board shall, whether the same be mutually submitted to them or not, investigate the cause or causes of such controversy and ascertain which party thereto is mainly responsible or blameworthy for the existence or continuance of the same, and shall make and publish a report finding such cause or causes, and assigning such responsibility or blame. The board shall have the same powers for the foregoing purposes as are given it by section 9 of this act.

SEC. 12. The said state board shall make a biennial report to the governor and Legislature, and shall include therein such statements, facts and explanations as will disclose the actual workings of the board, and such suggestions as to legislation as may seem to the members of the board conducive to the relations of and disputes between employers and employees.

SEC. 13. The members of the said state board of arbitration and conciliation hereby created shall each be paid five dollars a day for each day of actual service, and their necessary traveling and other expenses. The chairman of the board shall, quarterly certify the amount due each member, and on presentation of his certificate the auditor of the State shall draw his warrant on the treasury of the State for the amount.

ACT No. 180.-Contractor's bond, security for wages of employees.

SEC. 1. Any person who makes a contract for one thousand dollars and over, with a builder or contractor or undertaker, to repair, reconstruct, build or construct a building, shall require of the builder, contractor or undertaker good and

solvent security to the full amount of the contract for the payment of all the workmen, mechanics and laborers and all those who furnish materials and supplies actually used in the building, and each workman, laborer, mechanic and furnisher of materials shall have his individual right of action against the said security, and should the owner fail to require of the contractor such good and solvent security and to record the contract, with the bond and security, in the mortgage office, describing and giving the name of the security, within one week after contract is signed and before the work is commenced, such owner shall be personally liable for all balances due to the workmen, laborers and furnishers of materials used in the building, and they shall have a privilege on the land and building if they record their sworn bills whether the original contract is recorded or not, Provided, The bond and surety hereinabove provided for shall continue in force and effect only ninety days after the completion of the building or repairs contracted for; Be it further provided, That the owner or builder or contractor, or undertaker, shall not be denied the right to question the correctness of any accounts filed against said building, and Be it further provided. That all mortgages and privileges recorded against said land and building, previous to signing said contract shall have precedence over all other liens.

SEC. 2. This act shall only apply to cities of over fifty thousand inhabitants, and all laws and parts of laws, in conflict with this act, are hereby and at the same time repealed.

MAINE.

REVISED STATUTES OF 1883.

CHAPTER 6.-Exemption from taxation.

SECTION 6. The following property and polls are exempt from taxation:

[blocks in formation]

III. The household furniture of each person, not exceeding two hundred dollars to any one family, his wearing apparel, farming utensils, mechanics' tools, necessary for his business, and musical instruments not exceeding in value fifteen dollars to one family.

[ocr errors][merged small][merged small][merged small][merged small][merged small]

V. All mules, horses, neat cattle, swine and sheep, less than six months old. VI. Hay, grain and potatoes, orchard products and wool, owned by, and in possession of the producer.

[blocks in formation]

SEC. 8 (as amended by chapter 268, acts of 1889, and by chapter 47, acts of 1895). Towns shall provide school books for the use of the pupils in the public schools, at the expense of said town, and all money raised and appropriated for that purpose shall be assessed like other moneys. Provided, however, That any parent or guardian of any pupil in the public schools may, at his own expense, procure for the separate and exclusive use of such pupil the text books required

to be used in such schools.

CHAPTER 26.-Fire escapes on factories, etc.

SEC. 26 (as amended by chapter 89, acts of 1891). Every public house where guests are lodged, and every building in which any trade, manufacture, or business is carried on, requiring the presence of workmen above the first story, and all rooms used for public assembly or amusement, and all tenement houses three stories in height where only one stairway or means of egress from the upper stories out of the building is provided, and all tenement houses of four or more stories in height, intended to be occupied by families, boarders or lodgers, above the third story, shall at all times be provided with suitable and sufficient fire escapes, outside stairs, or ladders from each story or gallery above the level of the ground, easily accessible to all inmates in case of fire or an alarm of fire; the sufficiency thereof to be determined as provided in the following section.

SEC. 27. In towns or parts of towns having no organized fire department, the municipal officers shall annually make careful inspection of the precautions and safeguards provided in compliance with the foregoing requirements, and pass upon their sufficiency as to arrangement and number, and upon their state of repair; and direct such alterations, additions and repairs as they adjudge necessary.

In towns, cities and villages having an organized fire department, the duties aforesaid shall be discharged by the board of fire engineers.

SEC. 28. Such municipal officers or fire engineers shall give written notice to the occupant of such building, also to the owner thereof, if known, of their determination as to the sufficiency of said precautions and safeguards, specifying in said notice any alteration, addition or repair which they require. Sixty days are allowed for compliance with such notice and order.

SEC. 29. Any owner or occupant who neglects to comply with such order, within the time so allowed, forfeits fifty dollars, besides five dollars for every day's continuance of such neglect; and the building or part of a building so occupied shall be deemed a common nuisance, without any other evidence than proof of its use; and the keeper shall be punished accordingly. Said officers may forbid the use of such building for any public purpose until their order has been complied with. And if the owner or occupant of said building lets or uses the same in violation of such order, he forfeits not less than twenty nor more than fifty dollars for each offense.

SEC. 30 (as amended by chapter 126, acts of 1887). Whenever the municipal officers or engineers upon inspection, find that proper safeguards and precautions for escape in case of fire, or of alarm, have been provided, they shall give to the occupant of such building a certificate, under their hands, of such fact; which shall be valid for one year only from its date; * * Such officers shall return

*

to the clerk's office of their town, monthly, a list of such certificates by them issued, which the clerk shall record in a suitable book.'

'SEC. 31 (as amended by chapter 126, acts of 1887). Every person receiving such certificate shall keep such certificate posted in such building. Such annual certificate, so posted, is prima facie evidence of the inspection of such building, and of the presence of such suitable safeguards and precaution. Every occupant of such building who neglects or refuses to procure such certificate, or to post the same as aforesaid, forfeits ten dollars for every week that he so neglects and refuses.'

SEC. 32. Every municipal officer or fire engineer who refuses or neglects to perform the duties imposed upon him by the seven preceding sections forfeits fifty dollars.

CHAPTER 35.—Intelligence offices.

SEC. 6 (as amended by chapter 156, acts of 1895). The municipal officers of any town may, on payment of one dollar each, grant licenses to suitable persons for one year, unless sooner revoked after notice and for cause, to keep offices for the purpose of obtaining employment for domestics, servants or other laborers, except seamen, or of giving information relating thereto, or of doing the usual business of intelligence offices; whoever keeps such an office, without a license, forfeits not exceeding fifty dollars for every day that it is so kept. The keeper of an intelligence office shall not retain any sum of money received from a person seeking employment through the agency of such intelligence office, unless employment of the kind sought for is actually furnished. The keeper of a licensed intelligence office shall cause two copies of this act, printed in type of sufficient size to be legible and easily read, to be conspicuously posted in each room used or occupied for the purposes of such intelligence office. Whoever violates the provisions of this act shall have the license revoked, and shall be punished by fine not exceeding twenty dollars for each offense.

CHAPTER 39.-Trade-marks of trades unions.

SEC. 37. Any person entitled to the exclusive use of any trade-mark, or who intends to adopt and use any trade-mark not previously adopted or used by another, may file for record in the office of the secretary of state a certificate setting forth his name, residence and place of business; the class of merchandise and the particular description of goods comprised in such class to which such trade-mark has been or is to be appropriated; a description thereof, and of the mode in which it is to be applied and used; the date when it was first used or adopted; that he has a right to the use of it; and that no other person, firm or corporation has the right to such use, either in the identical form, or having such near resemblance thereto as is calculated to deceive. A facsimile of such trade-mark shall be incorporated in or annexed to said certificate, and a duplicate shall be filed therewith, to be pasted or bound into the record book, if practicable. Such certificate shall be signed and sworn to by such person, or his agent.

SEC. 38. Whoever willfully swears or affirms falsely to any such certificate, is guilty of perjury, and shall pay treble damages to every party injured thereby.

If the secretary of state has reason to apprehend, on the filing of such certificate, that any statement therein contained is untrue, he may decline to record the same, unless the party filing it obtains a writ of mandamus to compel him. Such writ may be granted, but without costs to the secretary, by any proper court, on proof that all the statements in such certificate are true, but no final hearing on the application therefore, shall be had until such notice thereof as said court orders has been advertised in one or more newspapers published in the county where the party filing said certificate resides; and any persons who desire may appear and intervene as parties defendant, and oppose the granting of such writ, and shall be liable to judgment for any costs occasioned by such intervention.

SEC. 39. Every party entitled to make and file such certificate and affidavit, upon recording the same in said office, becomes entitled to the exclusive use of the trademark therein described, so long as he or his assigns continue to be engaged in the manufacture or sale of the merchandise or description of goods to which it is appropriated; and such right is assignable in writing; but all assignments thereof are good only against the assignor and his personal representatives, until lodged for record in said office.

SEC. 40. The secretary of state shall retain all such certificates on file, and cause the same and all assignments of trade-mark rights to be recorded at length in his office, and is entitled to a fee of three dollars for each certificate, and one dollar for each assignment so filed and recorded. Copies of the record of any such certificate, attested by him under the seal of the State, are prima facie evidence of the right of the party filing such certificate to the exclusive use of the trade-mark therein described for the periods limited in the preceding section.

SEC. 41. Whoever reproduces, copies, counterfeits, or imitates any such recorded trade-mark, knowing the same to have been recorded, and affixes such reproduction, copy, counterfeit, or imitation to goods resembling or designed to resemble those to which such trade-mark is so appropriated, shall pay to the owner of such trade-mark double damages, besides such sum, not exceeding five hundred dollars, as the court before which the action is brought orders to be added to the damages found by the verdict or judgment.

SEC. 42. Whoever fraudulently and with intent to deceive, affixes any trademark recorded under this chapter, or any such imitation thereof as is calculated to deceive, to any goods, receptacle or package similar in descriptive properties to those to which such trade-mark is appropriated, or who fraudulently and with intent to deceive, places in any receptacle or package to which is lawfully affixed a recorded trade-mark, goods other than those which said trade-mark is designed and appropriated to protect; or who fraudulently and with intent to deceive, deals in or keeps for sale any goods with a trade-mark fraudulently affixed, as above described, or any goods contained in any package or receptacle having a lawful trade-mark, but not being such goods as said trade-mark was designed and appropriated to protect, shall be fined not more than five hundred dollars, or imprisoned not more than thirty days, or both.

SEC. 43. This chapter does not abridge rights to any existing trade-marks, whether the same are hereafter recorded or not, nor any remedies or rights of action otherwise or heretofore existing in favor of owners of trade-marks.

[The above sections are made applicable to the case of trade-marks, etc., of trades-unions by chapter 114, acts of 1891, below.]

The provisions of sections thirty-seven to forty-three inclusive of chapter thirtynine of the revised statutes are hereby made applicable to labels and trade-marks of unions and associations of workingmen. The certificate therein named shall be signed and sworn to by the treasurer of such union or association, for and in behalf of such union or association. Such treasurer, upon vote of such union or association may in his own name commence and prosecute for the use and benefit of such union or association, the action named in section forty-one of said chapter, and all sums recovered in any such action shall be the property of such union or association.

CHAPTER 48.-Employment, hours of labor, etc., of children.

SEC. 13. No child shall be employed or suffered to work in a cotton or woolen manufactory without having attended a public school, or a private school taught by a person qualified to be a public teacher; if under twelve years of age, for four months. if over twelve and under fifteen, for three months. of the year preceding such employment. A certificate under oath of such teacher, filed with the clerk or agent before employment, is the proof of such schooling.

SEC. 14. Any owner, agent or superintendent of such manufactory, for each violation of the preceding section, forfeits one hundred dollars, to be recovered by indictment, half to the prosecutor and half to the town where the offense was

committed, to be added to its school money. Superintending school committees shall inquire into such violations, and report them to the county attorney, who shall prosecute therefor.

SEC. 15. No person under the age of sixteen years shall be employed by any corporation for more than ten hours of a day. Whoever violates this provision forfeits one hundred dollars, half to the town where the offense is committed, and half to the person employed; to be recovered by indictment.

CHAPTER 51.-Railroad companies to require security from contractors for payment of wages.

SEC. 141. Every railroad company, in making contracts for the building of its road, shall require sufficient security from the contractors for the payment of all labor thereafter performed in constructing the road by persons in their employment; and such company is liable to the laborers employed, for labor actually performed on the road, if they, within twenty days after the completion of such labor, in writing, notify its treasurer that they have not been paid by the contractors. But such liability terminates unless the laborer commences an action against the company, within six months after giving such notice.

CHAPTER 61.—Earnings of married women.

SEC. 3. She [a married woman] may receive the wages of her personal labor, not performed for her own family, maintain an action therefor in her own name, and hold them in her own right against her husband or any other person.

CHAPTER 70.-Wages preferred—In assignments.

[merged small][merged small][merged small][ocr errors][merged small]

I. The fees, cost and expenses of suits and proceedings in insolvency. II.-All debts and taxes due to the State or to any county, city or town therein, and to the United States, except debts due to the State in behalf of the state prison.

III.-Wages due to any operative, clerk, or house servant, not exceeding fifty dollars, for labor performed within six months preceding the filing of the petition.

CHAPTER 78.-Convict labor.

(SEC. 13 (as amended by section 1, chapter 288, acts of 1889.) They [the county commissioners] shall, at the expense of their several counties, unless county workshops are therein established, provide some suitable place, materials and implements for the breaking of stone into suitable condition for the building and repair of highways, and shall cause all persons sentenced under the provisions of section seventeen of chapter one hundred and twenty-eight [the tramp law], to labor at breaking stone. And they may, at the expense of their several counties, provide suitable materials and implements sufficient to keep at work all persons committed to either of such jails, and may from time to time establish needful rules for employing, reforming and governing the persons so committed, for preserving such materials and implements, and for keeping and settling all accounts of the cost of procuring the same, and of all labor performed by each of the persons so committed, and may make all necessary contracts in behalf of their several counties.)

CHAPTER 80.-Convict labor.

SEC. 29. The sheriff, by himself or his deputy, keeping the jail, with consent of the commissioners, may in behalf of his county make necessary and proper contracts, for the carrying on of manufacturing or other industry, with like effect as when made by the commissioners. The business shall at all times be open to the inspection of said commissioners, who shall examine the workings of their several jails at least once in every three months, audit all receipts and expenses thereof, and order all payments necessary from their several county treasuries.

CHAPTER 81.-Exemption from execution, etc.-Personal property.

SEC. 62 (as amended by chapter 64, acts of 1887). The following personal property is exempt from attachment and execution:

I. The debtor's apparel: household furniture necessary for himself, wife and children, not exceeding one hundred dollars in value and one bed, bedstead, and necessary bedding for every two such persons.'

« ZurückWeiter »