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device, or form of advertisement, and of the right of said person, association, or union to adopt the same. No label shall be recorded that would probably be mistaken for a label already of record.

SEC. 4. All records or certificates of the record of labels, trade-marks, terms, designs, devices, or forms of advertisement which may, prior to the passage of this act, have been made or delivered in compliance with, or in attempted compliance with, sections 4907 and 4909 of the General Statutes, are hereby validated and shall have the same force and effect as if made or delivered under and pursuant to the provisions of this act.

SEC. 5. Section 4910 of the General Statutes is hereby amended to read as follows: Every such person, association, or union adopting a label, trade-mark, term, design, device, or form of advertisement, as aforesaid, and having duly recorded the same as hereinbefore provided, may enjoin the manufacture, use, display, or sale of any counterfeit or imitation thereof, or the sale of goods bearing any counterfeit or imitation thereof, either in its identical form, or in such near resemblance thereto as is calculated or liable to deceive; 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 just and reasonable, and shalĺ require the defendants to pay to such person, association, or union the profits derived from such wrongful manufacture, use, display, or sale; and such 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. 6. Section 4911 of the General Statutes is hereby amended to read as follows: Every person who shall use or display the genuine label, trade-mark, term, design, device, or form of advertisement of any such person, association, or union, which shall have been duly recorded as hereinbefore provided, in any manner not authorized by such person, union, or association, knowing that such use or display is not so authorized, shall be fined not less than one hundred nor more than two hundred dollars, or imprisoned not less than three months nor more than one year, or both. In all cases where such association or union is not incorporated, suits under sections 4907 and 4910 as amended, section 4912, and this section 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.

Approved, June 21, 1907.

CHAPTER 152.-Protection of employees on buildings.

SECTION 1. Every person employing another to perform labor of any kind in erecting, repairing, altering, or painting any building or other structure who shall provide or furnish, or cause to be provided or furnished, for the performance of such labor, any swinging scaffolding or staging to be used on the exterior of such building or other structure at a greater height than thirty-five feet from the ground, shall, except as hereinafter provided, equip such scaffolding or staging with a guard rail of some suitable material attached to such scaffolding or staging at a height not less than thirty-four inches above the flooring thereof, such rail to be properly secured and braced, and to extend along the entire length of the outside of such scaffolding or staging: Provided, That such requirement shall not apply to any scaffolding or staging exclusively used for the purpose of riveting, or to any scaffolding or staging less than four feet in length.

SEC. 2. Any contractor or owner, when constructing, in any city, a building, the plans and specifications for which require the floors to be arched between the beams thereof, or where the floors or filling in between the floors are of fireproof material or brickwork, shall complete such flooring or filling in, as the building progresses, to within not more than three tiers of beams below that on which the ironwork is being erected, or shall cover with planks not less than two inches in thickness such portion of each alternate tier of floor beams as may be reasonably necessary to give protection to those employed in the erection of such building. If the plans and specifications of such building do not require filling in between the beams of floors with brick or other fireproof material, all contractors for carpenter work in the course of construction shall lay the under flooring thereof on each story, as the building progresses, to within not more than two stories below that to which such building has been erected. Except in such buildings as are not to be lathed and plastered a temporary flooring at least eight feet wide, and protected on the outer edge by a plank at least eight inches high shall be laid, as the building progresses, around the inner side of the or walls thereof on the floor below that to which such building has been erected. r beams are of iron or steel, the contractors for the iron and steel work of

any building in the course of construction, or the owners of such building, shall cover with planks not less than two inches in thickness that portion of the tier of iron or steel beams on which the structural iron or steel work is being erected. The flooring, planking, or filling in, as required by this section, shall not include such spaces as may reasonably be required for the proper construction of any such building, and for the raising and lowering of material to be used in such construction, or such spaces as may be designated by the plans or specifications for stairways and elevator shafts. In buildings more than three stories in height, all such spaces other than those used for elevating or hoisting purposes shall be protected, on each story, by a guard rail at a height of three and one-half feet, and by a board at least eight inches high close to the floor. All spaces in such buildings used for elevating or hoisting purposes shall be protected at the ends thereof, if such ends are more than three feet in width, by some suitable barrier not less than five feet high, and the sides of such spaces on any story upon which the delivery of material has ceased shall be provided with a movable wooden bar at least two inches by four inches in section and of sufficient length to extend across such opening at a height of three and onehalf feet above the floor. When such bar has been provided, neither the contractor nor the owner shall be held responsible for any injury or damage resulting from the failure on the part of workmen, employees, or others to use said protection.

SEC. 3. The chief officer of any city charged with the enforcement of the building laws of such city is hereby charged with the enforcement of the provisions of this act. SEC. 4. Any person violating any of the provisions of this act shall be fined not more than fifty dollars, or imprisoned not more than thirty days, or both. Approved, June 21, 1907.

CHAPTER 189.-Sunday labor-Observance of Saturday.

SECTION 1. No person who conscientiously believes that the seventh day of the week ought to be observed as the Sabbath, and actually refrains from secular business and labor on that day, or who conscientiously believes that the Sabbath begins at sundown on Friday night and ends at sundown on Saturday night, and actually refrains from secular business and labor during said period, and who has filed written notice of such belief with the prosecuting attorney of the court having jurisdiction, shall be liable to prosecution for performing secular business and labor on Sunday, provided he disturbs no other person who is attending public worship. SEC. 2. Section 1372 of the Ĝeneral Statutes is hereby repealed.

Approved, June 29, 1907.

CHAPTER 241.-Factory inspectors-Female deputy.

SECTION 1. The factory inspector shall, in addition to the deputy factory inspectors provided for by chapter 97 of the Public Acts of 1903, appoint, from time to time, on the recommendation of an advisory commission of three women appointed by the governor for that purpose as specified in section five of this act, a female deputy factory inspector, who shall hold office until her successor is appointed and qualified, unless removed by said factory inspector for cause. Said female deputy factory inspector shall receive the compensation for services and expenses provided by section three of chapter 97 of the Public Acts of 1903 as amended by this act.

SEC. 2. Said female deputy factory inspector shall inquire into the enforcement of the laws regulating the employment of women and girls in any manufacturing, mechanical, or mercantile establishment, investigate the conditions relating to the health and welfare of women and girls employed in such establishments, and report thereon to the factory inspector: Provided, however, That she shall have no power or authority over and no duty concerning any machinery, appliances, or fixtures except sanitary fixtures.

SEC. 3. Said female deputy factory inspector shall have the same power and authority as the factory inspector, except as to machinery, appliances, and fixtures, subject to his approval, and shall serve under the direction of said factory inspector in all respects as other deputy inspectors.

SEC. 4. Section three of chapter 97 of the Public Acts of 1903 is hereby amended * * * so that said section as amended shall read as follows: The inspector may from time to time appoint deputies to assist him in the performance of his duties. Such deputies shall have the same power and authority as the inspector, subject to his approval. Each of said deputies shall receive a compensation of five dollars per day for actual services, and his or her necessary expenses incident to the performance of the duties of his or her office. The total amount expended under this section shall not exceed in any one year nine thousand dollars, which shall be paid upon proper vouchers by the deputies, signed by the inspector.

SEC. 5. The governor shall, on or before the first day of August, 1907, appoint three women, no two of whom shall be residents of the same town, who shall constitute an advisory commission for the appointment of a female deputy factory inspector and shall serve for two, four, and six years respectively; and biennially thereafter the governor shall appoint one member of said commission to serve for the term of six years. It shall be the duty of said commission to recommend to the factory inspector some woman for appointment as female deputy factory inspector, such recommendation to be made on or before October 1, 1907, and thereafter whenever a vacancy shall occur in said office.

Approved, July 30, 1907.

CHAPTER 242.--Hours of labor of railroad telegraph operators and train dispatchers.

SECTION 1. It shall be unlawful for any person, persons, corporation, or receiver operating a line of railroad wholly or partly within this State, or any officer, agent, or representative of such corporation or receiver, to require or permit any telegraph or telephone operator, who spaces trains by the use of the telegraph or telephone, under what is known and termed the "block system," defined as follows: Reporting trains to another office or officers, or to a train dispatcher operating one or more trains under signals, and telegraph or telephone levermen who manipulate interlocking machines in railroad yards or on main tracks out on the lines connecting side tracks or switches, or train dispatchers in its service whose duties substantially, as hereinbefore set forth, pertain to the movement of cars, engines, or trains on its railroad by the use of the telegraph or telephone in dispatching or reporting trains or receiving or transmitting train orders, as interpreted in this section, to be on duty for more than eight hours in a day of twenty-four hours, and it is hereby declared that eight hours shall constitute a day of employment for all laborers or employees engaged in the kind of labor aforesaid: Provided, That at stations that are kept open only during the daytime, where only one telegraph or telephone operator is employed, such operator may work twelve hours in a day of twenty-four hours, and that the hours of service of telegraph or telephone operators, as interpreted in this section, shall be consecutive, including one meal hour: And, provided, further, That in case of sickness, death, wrecks, or washouts, telegraph or telephone operators may be held on duty not to exceed sixteen hours in a day of twenty-four hours.

SEC. 2. Any person or persons, company, or corporation, who shall violate any of the provisions of the preceding section shall, on conviction, be fined not more than one thousand dollars.

SEC. 3. This act shall take effect January 1, 1908.

Approved, July 27, 1907.

CHAPTER 251.-Hours of labor of women and children.

(See p. 671, above.)

FLORIDA.

ACTS OF 1907.

CHAPTER 5679.-Contracts of employment-Repayment of advances.

SECTION 1. From and after the passage of this act any person in the State of Florida, who shall contract with another to perform for him services of any kind with intent to procure money, or other thing of value thereby, and not to perform the service contracted for, or whoever, after having so contracted, shall obtain or procure from the hirer money or other thing of value, with intent not to perform such service, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail not more than one year, or by both fine and imprisonment.

SEC. 2. Satisfactory proof of the contract, the procuring thereon of money or other thing of value, the failure to perform the services so contracted for, or failure to return the money so advanced with interest thereon at the time said labor or service was to be performed, without good and sufficient cause, shall be deemed prima facie evidence of the intent referred to in the preceding section.

Became a law without the approval of the governor.

CHAPTER 5686.-Employment of children.-General provisions.

(See pp. 675 and 679, above.)

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