every subsequent offense, he shall be punished by fine not less than one hundred, nor more than five hundred dollars, or by imprisonment not less than sixty days, nor more than three years.

SEC. 3. Every such person, association or union that has heretofore adopted or shall hereafter adopt, a label, trade-mark, device or form of advertisement as aforesaid shall 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, together with a statement in writing, signed and sworn to by such person or by some person for and in behalf of such association or union stating when and by whom so far as he knows and believes, said label, trade-mark, device or form of advertisement was adopted or used, in what manner and for what purpose the same is to be used and by what right he claims the same, and such other particulars as shall serve to identify the same, said 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 two dollars. Such certificate of record shall in all suits and prosecutions under this act be sufficient proof of the adoption of such label, trade-mark, device, or form of advertisement. No label, trade-mark, device or form of advertisement shall be recorded that so nearly resembles one already recorded as to be liable to be mistaken for such label, trademark, device or form of advertisement and when in the judgment of the secretary of state, such resemblance exists he shall refuse to record such label, trade-mark, device or form of advertisement.

SEC. 4. Every such person, association or union that has adopted and uses a label, trade-mark, device or form of advertisement, as aforesaid, and which has been recorded in the office of the secretary of state as herein before provided, may proceed by suit to enjoin the manufacture, use, display or sale of any such counterfeits or imitations, or of any goods to which such counterfeits or imitations shall be affixed or attached, or on which the same shall be printed, painted or impressed, and all courts having jurisdiction thereof shall grant injunctions to restrain such manufacture, use, display or sale, and shall award the complainant in such suit, such damages resulting from such wrongful manufacture, use, display or sale as may by said court be deemed reasonable, and shall require the defendants to pay such person, association or union the profits derived from such wrongful manufacture, use, display or sale; and said court shall also order that all such 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. SEC. 5. Every person who shall willfully use or display the genuine label, trademark, device, or form of advertisement of any such person, association or union, in any manner not authorized by such person, union or association, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not more than six months, or by a fine not exceeding one hundred dollars, or both; and upon conviction for a second offense, shall be punished by imprisonment not less than thirty days nor more than one year, or by fine not less than fifty nor more than three hundred dollars, or both.

SEC. 6. Any person or persons who shall in any way willfully 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 use the same, shall be guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding one hundred dollars, or both; and upon conviction for a second offense shall be punished by imprisonment not less than thirty days nor more than one year, or by fine not less than fifty nor more than three hundred dollars, or both.

SEC. 7. In all cases where the association or union mentioned in this act is not incorporated, suits and proceedings under this act may be commenced and prosecuted by an officer or member of such association or union, for and in behalf of and for the benefit of such association or union.

CHAPTER 292.-Inspection of factories, etc.

SEC. 1. It shall be the duty of the inspector of factories, workshops, mines and quarries, upon complaint, to inquire into, and prosecute for, any violations of chapter one hundred and thirty-four of the public laws of eighteen hundred and eighty-seven.

SEC. 2. It shall be the duty of the inspector of factories, workshops, mines and quarries to examine into the sanitary condition of factories, workshops, mines and quarries, and when any condition or thing is found that, in his opinion, endangers the health or lives of the employees he shall notify the local board of health, and it shall be the duty of said board to investigate the matter.

SEC. 3. It shall be the duty of the inspector of factories, workshops, mines and quarries to enforce the due observance of sections twenty-five and twenty-six of chapter twenty-six of the revised statutes, relating to the swinging of doors in all factories and workshops.

SEC. 4. The inspector of factories, workshops, mines and quarries shall, on or before the first day of December annually, submit his report to the commissioner of industrial and labor statistics which shall be incorporated in, and printed with the annual report of the bureau of industrial and labor statistics.

ACTS OF 1895.

CHAPTER 30.-Mechanics' liens.

SECTION 2. The liens mentioned in sections thirty, thirty-one, thirty-two and thirty-three of chapter ninety-one of the revised statutes, may be preserved and enforced by bill in equity against the debtor and owner of the property affected, and all other parties interested therein, filed with the clerk of court, in the county where the house, building or appurtenances, on which a lien is claimed, is situated, within ninety days after the last of the labor is performed or labor or materials are so furnished, and not otherwise, except as hereinafter provided.

SEC. 3. The bill shall state that the plaintiff claims a lien on the house, building, or appurtenances described therein, and the land on which it stands, for labor performed, or for labor or materials furnished, in erecting, altering, moving or repairing said house, building, or appurtenances, as the case may be; whether it was by virtue of a contract with, or by consent of the owner, and if, not, that the claimant has complied with the provisions of section thirty-two of said chapter. And the bill shall pray that the property be sold and the proceeds applied to the discharge of such lien. Two or more lienors may join in filing and prosecuting such a bill. Other lienors may be made parties; other lienors may become parties, and preserve and enforce their liens on said property; Provided, Their petitions therefor, setting forth their claims in substance, as required in a bill as aforesaid, be filed with the clerk within ninety days after the last labor is performed, or the last labor or materials are furnished by them, as aforesaid. The court may consolidate two or more bills claiming liens on the same property, into one proceeding, if justice shall so require. Any mortgagee or other person having a claim upon, or interested legally or equitably in said property, may be made a party. The court shall have power to determine all questions of priority of lien or interest, if any, between parties to the proceeding.

SEC. 4. The court shall determine the amount for which each lienor has a lien upon the property, by jury trial, if either party so requests in bill, petition or answer; otherwise in such manner as the court shall direct. And such determination shall be conclusive as to the fact and amount of the lien subject to appeal and exceptions according to the practice in equity. Any lienor may contest another lienor's claim upon issues framed under direction of the court.

SEC. 5. If it is determined that the parties or any of them, claiming a lien, have a lien upon said building and land, the court may decree that said property, or such interest in it as is subject to the liens, or any of them, shall be sold, and shall prescribe the place, time, terms, manner and conditions of such sale. And any justice, in term time or vacation, may order an adjournment of such sale from time to time. And a deed of the officer of the court, appointed to make such sale, recorded in the registry of deeds where the land lies, within three months after the sale, shall convey all the title of the debtor and the owner in the property ordered to be sold. And if justice requires, the court may provide in the order of sale, that the owner shall have a right to redeem the property from such sale within a time fixed in the order of sale. If the court shall determine that the whole of the land, on which the lien exists is not necessary therefor, it shall describe in the order of sale a suitable lot therefor, and only so much shall be sold. The lienors shall share, pro rata; Provided, Their bills or petitions therefor are filed with the clerk of court prior to the order of sale, and within the ninety days mentioned in sections two and three. The court may make such decree in regard to costs as is equitable.

SEC. 6. If the proceeds of the sale after payment of costs and expenses of sale, are insufficient to pay the lien claims and costs in full, the court may render judg ment against the debtor in favor of each individual lienor, for the balance of his claim and costs remaining unpaid, and may issue executions therefor. If the proceeds of sale after the payment of costs and expenses of sale, are more than sufficient to pay the lien claims and all costs in full, the balance remaining shall be paid to the person or persons legally or equitably entitled thereto.

SEC. 7. Any owner of a building or real estate, upon which a lien is claimed as aforesaid, may petition in writing a justice of the supreme judicial court in term time or vacation, setting forth the name of the lienor, the court and county in which it is returnable or pending, the fact that a lien is claimed thereon under sections thirty, thirty-one, thirty-two and thirty-three of said chapter, the particular building or real estate, and his interests therein, its value and his desire to have it released from said lien. Such justice shall issue a written notice, which shall be served on the lienor, or his attorney, ten days at least. prior to the time fixed therein for a hearing. At the hearing, such justice may order such owner to give bonds to the lienor, in such amount and with such sureties as he may approve, conditioned to pay the amount, for which such lienor may be entitled to a lien, as determined by the court, with his costs on the petition, within thirty days after final decree or judgment. The clerk shall give the petitioner an attested copy of the petition and proceedings, with a certificate under seal of the court attached thereto, that such bond has been duly filed in his office; and the record of such copy and certificate in the registry of deeds, in the county where such real estate or interest therein lies, vacates the lien.

SEC. 8. When any bill or petition provided for in this act in which a lien is claimed on real estate is filed with clerk, he shall forthwith file a certificate setting forth the names of the parties, the date of the bill or petition, and of the filing thereof, and a description of the said real estate as described in said bill or petition in the registry of deeds for the county in which the land is situated. The register shall record the same in a suitable book and shall receive therefor the sum of twenty-five cents. For each such certificate the clerk shall be entitled to receive the sum of twenty-five cents.

CHAPTER 101.-Inspection of buildings.

SEC. 1. In every town and city of more than two thousand inhabitants, the municipal officers shall annually in the month of April appoint an inspector of buildings, who shall be a man skilled in the construction of buildings. The municipal officers shall define the limits within which the inspector of buildings shall have jurisdiction, which shall include the thickly settled portion of each such city, and of each village in each such city or town.

SEC. 2. It shall be his duty to inspect each new building during the process of construction, so far as may be necessary to see that all proper safeguards against the catching or spreading of fire are used, that the chimneys and flues are made safe, and that proper cut-offs are placed between the timbers in the walls and floorings where fire would be likely to spread; and may give such directions in writing to the owner or contractor as he deems necessary, concerning the construction of such building so as to render the same safe from the catching and spreading of fire.

SEC. 3. It shall be his duty to inspect all buildings while in process of being repaired, and see that all reasonable safeguards are used against the catching and spreading of fire, and that the chimneys and flues are made safe; a d he may give such directions in writing to the owner as he deems necessary concerning such repairs, as to render such building safe from the catching and spreading of fire. SEC. 4. It shall be his duty at least once in three years, and oftener when required by the municipal officers, to inspect chimneys, flues, funnels, stoves, furnaces, boilers and boiler connections, and heating apparatus in all the buildings within his jurisdiction, in which fire is kept or used, to ascertain if the same are safe against fire. He may give such directions in writing as he may deem necessary to the owner of said building to make changes in the construction or situation of such chimneys, flues, funnels, stoves, furnaces, boilers, boiler connections and heating apparatus, so as to make the same as aforesaid. And the municipal officers may require such inspection of any particular building at any time. SEC. 5. An inspector of buildings in the performance of his official duty may enter any building for the purpose of making the inspection required by this act. SEC. 6. An appeal in writing may be taken from any order or direction of the inspector of buildings to the municipal officers, whose order thereon shall be final. SEC. 7. No new building shall be occupied until the inspector of buildings has given a certificate that the same has been built in accordance with the provisions of this act, and so as to be safe from fire; if the owner permits it to be so occupied without such certificate, he shall be liable to a fine of ten dollars for each week he permits such building to be so occupied, to be recovered by complaint or indictment. In case the inspector of buildings should from any cause decline to give his certificate where the builder has in his own judgment complied with the provisions in this act, an appeal may be taken to the municipal officers and if on such

an appeal, it shall be decided by them that the provisions of the act have been complied with, the owner of said building shall not be liable to a fine for want of the certificate of the inspector.

SEC. 8. If the owner of any building neglects or refuses for more than thirty days to comply with any direction of the inspector of buildings given as aforesaid, concerning the repairs on any building, as provided in section three, or to make such changes in the construction or situation of chimneys, flues, funnels, stoves, furnaces, boilers and boiler connections, and heating apparatus, as may be required by such inspector of buildings, under the provisions of section four, or as may be confirmed by the municipal officers on appeal, he shall be liable to a fine of ten dollars for each week he so neglects or refuses, to be recovered by complaint or indictment.

SEC. 9. Any owner or occupant of a building, who refuses to permit an inspector of buildings to enter his buildings, or willfully obstructs him in the inspection of such building as required by this act, shall be liable to a fine of not less than one nor more than twenty dollars, to be recovered by complaint or indictment.

SEC. 10. Municipal courts and trial justices shal have jurisdiction of the offenses named in sections seven, eight and nine.

SEC. 11. Towns and cities may make by-laws not inconsistent with this act, defining more particularly the duties of such inspector of buildings, and the rules and regulations by which he is to be governed.

MARYLAND.

CONSTITUTION.

ARTICLE 3.—Exemption from execution, etc.

SECTION 44. Laws shall be passed by the general assembly, to protect from execution a reasonable amount of the property of the debtor, not exceeding in value, the sum of five hundred dollars.

CODE OF PUBLIC GENERAL LAWS, 1888.

ARTICLE 7.-Arbitration of labor disputes.

SECTION 1. Whenever any controversy shall arise between any corporation incorporated by this State in which this State may be interested as a stockholder or creditor, and any persons in the employment or service of such corporation, which, in the opinion of the board of public works, shall tend to impair the usefulness or prosperity of such corporation, the said board of public works shall have power to demand and receive a statement of the grounds of said controversy from the parties to the same; and if, in their judgment, there shall be occasion so to do, they shall have the right to propose to the parties to said controversy, or to any of them, that the same shall be settled by arbitration; and if the opposing parties to said controversy shall consent and agree to said arbitration, it shall be the duty of the said board of public works to provide in due form for the submission of the said controversy to arbitration, in such manner that the same may be finally settled and determined; but if the said corporation, or the said person in its employment or service, so engaged in controversy with the said corporation, shall refuse to submit to such arbitration, it shall be the duty of the said board of public works to examine into and ascertain the cause of said controversy, and to report the same to the next general assembly.

SEC. 2. All subjects of dispute arising between corporations, and any person in their employment or service, and all subjects of dispute between employers and employees in any trade or manufacture, may be settled and adjusted in the manner hereafter mentioned.

SEC. 3. Whenever such subjects of dispute shall arise as aforesaid, it shall be lawful for either party to the same to demand and have an arbitration or reference thereof in manner following, that is to say, where the party complaining and the party complained of shall come before, or agree by any writing under their hands, to abide by the determination of any judge or justice of the peace, it shall and may be lawful for such judge or justice of the peace to hear and finally determine in a summary manner the matter in dispute between such parties; but if such parties shall not come before, or so agree to abide by the determination of such judge or justice of the peace, but shall agree to submit their said cause of dispute to

arbitrators, appointed under the provisions of this article, then it shall be lawful for any such judge or justice of the peace, and such judge or justice of the peace is hereby required, on complaint made before him, and proof that such agreement for arbitration had been entered into, to appoint arbitrators for settling the matters in dispute; and such judge or justice of the peace shall then and there propose not less than two nor more than four persons, one-half of whom shall be employers and the other half employees, acceptable to the parties to the dispute, respectively, who, together with said judge or justice of the peace, shall have full power finally to hear and determine such dispute.

SEC. 4. In all such cases of dispute as aforesaid, as in all other cases, if the parties mutually agree that the matter in dispute shall be arbitrated and determined in a mode different from the one hereby prescribed, such agreement shall be valid, and the award and determination thereon by either mode of arbitration shall be final and conclusive between the parties.

SEC. 5. It shall be lawful in all cases for any employer or employee, by writing under his hand, to authorize any person to act for him in submitting to arbitration and attending the same.

SEC. 6. Every determination of dispute by any judge or justice of the peace shall be given as a judgment of the court over which said judge presides, and of the justice of the peace determining the same; and the said judge or justice of the peace shall award execution thereon as upon verdict, confession or nonsuit; and every award made by arbitrators appointed by any judge or justice of the peace under the provisions of this article, shall be returned by said arbitrators to the judge or justice of the peace by whom they were appointed; and said judge or justice of the peace shall enter the same as an amicable action between the parties to the same in the court presided over by said judge or justice of the peace, with the same effect as if said action had been regularly commenced in said court by due process of law, and shall thereupon become a judgment of said court, and execution thereon shall be awarded as upon verdict, confession or nonsuit; and in all proceedings under this article, whether before a judge or justice of the peace, or arbitrators, costs shall be taxed as are now allowed by law in similar proceedings, and the same shall be paid equally by the parties to the dispute; such award shall remain four days in court during its sitting, after the return thereof, before any judgment shall be entered thereon; and if it shall appear to the court within that time that the same was obtained by fraud or malpractice in or by surprise, imposition or deception of the arbitrators, or without due notice to the parties or their attorneys, the court may set aside such award and refuse to give judgment thereon.

ARTICLE 9.-Exemption from attachment-Wages.

SEC. 32. No attachments of the wages or hire of any laborer or employee, in the hands of the employer, whether private individuals or bodies corporate, shall affect any salary or wages of the debtor which are not actually due at the date of the attachment; and the sum of one hundred dollars of such wages or hire due to any laborer or employee by any employer or corporation, shall always be exempt from attachment by any process whatever.

SEC. 33. The wages or hire of any person or persons, not residing in this State, shall be subject to attachment upon judgment, warrant, or upon two non ests, in the same manner and to no larger extent than the wages or hire of any person or persons, resident in this State.

*

ARTICLE 23.-Incorporation of cooperative associations, trade unions, etc. (a) SEC. 14. Corporations may be formed in this State * * by any five or more persons, citizens of the United States, and a majority of them citizens of this State, or if unnaturalized, residents of this State, making oath that they bona fide intend to become citizens of the United States without unreasonable delay, who may desire to form a body corporate or politic, for any of the following purposes:

* *

*

SEC. 15. Class 2.-For the creation and maintenance of mechanics' institutes, cooperative stores or societies, ; Provided, Such corporations are located in this State, and the property they possess or acquire is located therein. SEC. 37. Class 24.-For the formation of trade unions, with such additions to their name as they may adopt and set forth in their certificate, to promote the well being of their every day life, and for mutual assistance in securing the most favorable conditions for the labor of their members, and as beneficial societies.

a See Decision, page 1284.