recovered in an action to be brought by the attorney-general in the name of the people and in the judicial district where the principal office of the company within the State is located. This section shall not be construed to authorize the interchange of such "coal jimmies" with, and the use thereof upon, railroads of more than fifteen miles in length or whose average grade is less than two hundred feet to the mile. SEC. 2. Section three of said chapter is hereby amended so as to read as follows: § 3. That on and after the first day of January, nineteen hundred and one, it shall be unlawful for any railroad or other company to haul or permit to be hauled or used on its line or lines within this State any freight train that has not a sufficient number of cars in it so equipped with continuous power or air brakes that the engineer on the locomotive drawing such train can control its speed without requiring brakemen to use the common hand brake for that purpose. SEC. 3. Section five of said chapter is hereby amended so as to read as follows: § 5. That on and after January first, nineteen hundred and one any railroad or other company hauling or permitting to be hauled on its line or lines any freight train in violation of any of the provisions of this act, shall be liable to a penalty of one hundred dollars for each and every violation, to be recovered in any action to be brought by the attorney-general in the name of the people and in the judicial district wherein the principal office of the company within the State is located, and it shall be the duty of the board of railroad commissioners of the State to notify the attorneygeneral of all such violations coming to its notice. SEC. 4. Section six of the said chapter is amended so as to read as follows: § 6. That the board of railroad commissioners may, from time to time, after full hearing given and for good cause shown, extend the time within which any company shall comply with the requirement of this act, not exceeding, however, four years from the first day of January, eighteen hundred and ninety-eight. SEC. 5. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. SEC. 6. This act shall take effect immediately. Became a law, April 20, 1900, with the approval of the governor. Passed, threefifths being present. CHAPTER 709.-Inspection of steam boilers and licenses of stationary engineers-New York City. SECTION 1. Section three hundred and twelve of chapter four hundred and ten of the laws of eighteen hundred and eighty-two, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York" as amended by chapter six hundred and thirty-five of the laws of eighteen hundred and ninety-seven, is hereby amended by adding at the end of subdivision three thereof a new paragraph E, to read as follows: E. Any person or persons violating any provision of this section or of any of its subdivisions shall be guilty of a misdemeanor. SEC. 2. This act shall take effect immediately. Accepted by the city. Became a law, May 1, 1900, with the approval of the governor. Passed, three-fifths being present. CHAPTER 762.-Conditional sales-Sale of property retaken by vendor. SECTION 1. Section one hundred and sixteen of chapter four hundred and eighteen of the laws of eighteen hundred and ninety-seven, entitled "An act in relation to liens, constituting chapter forty-nine of the general laws," is hereby amended to read as follows: § 116. Whenever articles are sold upon the condition that the title thereto shall remain in the vendor, or in some other person than the vendee, until the payment of the purchase price, or until the occurrence of a future event or contingency, and the same are retaken by the vendor, or his successor in interest, they shall be retained for a period of thirty days from the time of such retaking, and during such period the vendee or his successor in interest, may comply with the terms of such contract, and thereupon receive such property. After the expiration of such period, if such terms are not complied with, the vendor, or his successor in interest, may cause such articles to be sold at public auction. Unless such articles are so sold within thirty days after the expiration of such period, the vendee or his successor in interest may recover of the vendor the amount paid on such articles by such vendee or his successor in interest under the contract for the conditional sale thereof. SEC. 2. This act shall take effect immediately. Became a law, May 4, 1900, with the approval of the governor. Passed, three-fifths being present. RHODE ISLAND. ACTS OF 1900. CHAPTER 735.-Trade-marks, etc., of trade unions.` SECTION 1. Whenever any person, or any association or union of workingmen, has heretofore adopted or used, or shall hereafter adopt or use, any label, trademark, term, design, device, or form of advertisement for the purpose of designating, making known, or distinguishing any goods, wares, merchandise, or other product of labor as having been made, manufactured, produced, prepared, packed, or put on sale by such person, or association or union of workingmen, or by a member, or members, of such association or union, it shall be unlawful to counterfeit or imitate such label, trade-mark, term, design, device, or form of advertisement, or to use, sell, offer for sale, or in any way utter or circulate any counterfeit or imitation of any such label, trade-mark, term, design, device, or form of advertisement. SEC. 2. Whoever knowingly counterfeits or imitates any such label, trade-mark, term, design, device, or form of advertisement which has been filed and recorded in the office of the secretary of state as hereinafter provided; or knowingly sells, offers for sale, or in any way utters or circulates any counterfeit or imitation of any such label, trade-mark, term, design, device, or form of advertisement, or knowingly keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise, or other product of labor to which or on which any such counterfeit or imitation is printed, painted, stamped, or impressed; or knowingly sells or disposes of any goods, wares, merchandise, or other product of labor contained in any box, case, can, or package to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped, or impressed; or knowingly keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise, or other product of labor in any box, case, can, or package to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped, or impressed, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than three months. SEC. 3. Every such person, association, or union that has heretofore adopted or used, or shall hereafter adopt or use, a label, trade-mark, term, design, device, or form of advertisement as provided in section 1 of this act, shall file the same for record in the office of the secretary of state by leaving two copies, counterparts, or facsimiles thereof, with said secretary, and by filing therewith a sworn application specifying the name or names of the person, association, or union on whose behalf such label, trade-mark, term, design, device, or form of advertisement shall be filed; the class of merchandise, and a description of the goods to which it has been or is intended to be appropriated, stating that the party so filing, or on whose behalf such label, trade-mark, term, design, device, or form of advertisement shall be filed, has the right to the use of the same, that no other person, firm, association, union, or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the facsimile or counterparts filed therewith are true and correct, before there shall be any liability to any suit or proceeding for any violation of this act. There shall be paid for such filing and recording a fee of one dollar. Said secretary of state shall cause a description of such label, trade-mark, term, design, device, or form of advertisement to be published once a week for 3 successive weeks, at the expense of the applicant, in some newspaper published in the city of Providence. After such publication said secretary shall deliver to such person, association, or union so filing or causing to be filed any such label, trade-mark, term, design, device, or form of advertisement so many duly attested certificates of the recording of the same as such person, association, or union may apply for, for each of which certificates said secretary shall receive a fee of one dollar. Any such certificate of record shall in all suits and prosecutions under this act be sufficient proof of the adoption of such label, trade-mark, term, design, device, or form of advertisement. Said secretary of state shall not record for any person, union, or association any label, trade-mark, term, design, device, or form of advertisement that would probably be mistaken for any label, trade-mark, term, design, device, or form of advertisement theretofore filed by or on behalf of any other person, union, or association. SEC. 4. Any person who shall, for himself or on behalf of any other person, association, or union, procure the filing of any label, trade-mark, term, design, or form of advertisement in the office of the secretary of state under the provisions of this act by making any false or fraudulent representations or declarations, verbally or in writing, or by any fraudulent means, shall be liable to pay any damages sustained in consequence of any such filing, to be recovered by or on behalf of the party injured thereby in any court having jurisdiction, and shall be punished by a fine not exceeding one hundred dollars or by imprisonment not exceeding 3 months. In any suit or prosecution under the provisions of this act, the defendant may show that he or it was the owner of such label, trade-mark, term, design, device, or form of advertisement prior to its being filed under the provisions of this act, and that it has been filed wrongfully or without right by some other person, association, or union. SEC. 5. Every such person, association, or union adopting or using a label, trademark, term, design, device, or form of advertisement, as aforesaid, may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits, or imitations thereof, and all courts of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale, and may award the complainant in any such suit damages resulting from such manufacture, use, sale, or display, as may be by the said court deemed just and reasonable, and may require the defendants to pay to such person, association, or union all profits derived from such wrongful manufacture, use, display, or sale; and such court may also order that all such counterfeits or imitations in the possession or under the control of any defendant in such cause to be delivered to an officer of the court, or to the complainant, to be destroyed. In all cases where such association or union is not incorporated, suits under this act may be commenced and prosecuted by an officer or member of such association or union, on behalf of and for the use of such association or union. 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 use the same, shall be guilty of a misdemeanor, and shall be punished by imprisonment for not more than 3 months or by a fine of not more than one hundred dollars. SEC. 7. The provisions of this act shall not abridge any rights to any trade-marks existing at the time of the passage of this act, whether the same shall be recorded or not, nor any remedies or rights of action otherwise or theretofore existing in favor of owners of trade-marks. SEC. 8. The district courts of the several judicial districts shall have jurisdiction of all complaints for violations of this act. SEC. 9. This act shall take effect and be in force from and after the first day of June, A. D. 1900, and all acts and parts of acts inconsistent herewith are hereby repealed. Passed April 12, 1900. CHAPTER 751.-Exemption from attachment, etc.—Wages. SECTION 1. Clause 12 of section 5 of chapter 255 of the General Laws is hereby amended so as to read as follows: 12. The salary or wages due or payable to any debtor, not exceeding the sum of ten dollars. SEC. 2. This act shall take effect immediately, and all acts and parts of acts inconsistent herewith are hereby repealed. |