[CHAP. 335.]

AN ACT TO PROVIDE FOR REGISTRATION OF THE INSIGNIA OF SOCIETIES, ASSOCIATIONS AND LABOR UNIONS, AND TO PROHIBIT THE UNAUTHORIZED USE THEREOF.

Be it enacted, etc., as follows:

SECTION 1. The insignia, ribbons, badges, rosettes, buttons and emblems of any society, association or labor union may be registered in the office of the secretary of the Commonwealth in the manner and subject to the provisions, so far as they are applicable, set forth in section seven of chapter seventy-two of the Revised Laws in regard to labels; and the secretary is hereby authorized to make regulations and prescribe forms for such registration.

SECTION 2. Whoever, not being a member of a society, association or labor union, for the purpose of representing that he is a member thereof, wilfully wears or uses the insignia, ribbon, badge, rosette, button or emblem thereof, if the same has been registered in the office of the secretary of the Commonwealth, shall be punished by a fine of not more than twenty dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment.

SECTION 3. Chapter four hundred and thirty of the acts of the year nineteen hundred and two and chapter two hundred and seventy-five of the acts of the year nineteen hundred and three are hereby repealed.

May 13, 1904.

[CHAP. 343.]

[Approved

AN ACT TO PROHIBIT THE CORRUPT INFLUENCING OF AGENTS, EMPLOYEES

Be it enacted, etc., as follows:

OR SERVANTS.

SECTION 1. Whoever corruptly gives, offers or promises to an agent, employee or servant, any gift or gratuity whatever, with intent to influence his action in relation to his principal's, employer's or master's business; or an agent, employee or servant who corruptly requests or accepts a gift or gratuity or a promise to make a gift or to do an act beneficial to himself, under an agreement or with an understanding that he shall act in any particular manner in relation to his principal's, employer's or master's business; or an agent, employee or servant, who, being authorized to procure materials, supplies or other articles either by purchase or contract for his principal, employer or master, or to employ service or labor for his principal, employer or master, receives directly or indirectly, for himself or for another, a commission, discount or bonus from the person who makes such sale or contract, or furnishes such materials, supplies or other articles, or from a person who renders such service or labor; and any person who gives or offers such an agent, employee or servant such commission, discount or bonus, shall be punished by a fine of not less than ten dollars nor more than five hundred dollars, or by such fine and by imprisonment for not more than one year.

SECTION 2. No person shall be excused from attending, testifying or producing books, papers, contracts, agreements and documents before any

court or in obedience to the subpoena of any court having jurisdiction of the misdemeanor on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture. But no person shall be liable to any suit or prosecution, civil or criminal, for or on account of any transaction, matter or thing concerning which he may testify or produce evidence, documentary or otherwise, before said court or in obedience to its subpoena or in any such case or proceeding. [Approved May 14, 1904.

[CHAP. 347.]

AN ACT TO PROVIDE FOR PROTECTING OPERATIVES IN FACTORIES FROM INJURY BY FLYING SHUTTLES.

Be it enacted, etc., as follows:

SECTION 1. It shall be the duty of all persons owning, managing or operating factories in this Commonwealth in which looms are employed, to equip the looms with such guards or other devices as will prevent injury to employees from shuttles falling or being thrown from the looms.

SECTION 2. Such guards or other devices shall be made of such material and placed in such manner as shall be approved by the inspection department of the district police, who are hereby directed to enforce the provisions of this act.

SECTION 3. Any person, firm or corporation violating any provision of this act shall be punished by a fine of not more than one hundred dollars for every week during which such violation continues.

SECTION 4. This act shall take effect on the first day of January in the year nineteen hundred and five. [Approved May 16, 1904.

[CHAP. 349.]

AN ACT TO PROVIDE FOR THE PROTECTION OF PERSONS FURNISHING MATERIALS OR LABOR FOR PUBLIC WORKS.

Be it enacted, etc., as follows:

SECTION 1. Officers or agents who contract in behalf of any county, city or town for the construction or repair of public buildings or other public works shall obtain sufficient security, by bond or otherwise, for payment by the contractor and sub-contractors for labor performed or furnished and for materials used in such construction or repair; but in order to obtain the benefit of such security the claimant shall file with such officers or agents a sworn statement of his claim within sixty days after the completion of the work.

SECTION 2. This act shall take effect upon its passage. [Approved May 19, 1904.

[CHAP. 373.]

AN ACT RELATIVE TO LIENS FOR LABOR AND MATERIAL FURNISHED IN THE CONSTRUCTION OF STREET RAILWAYS.

Be it enacted, etc., as follows:

Chapter one hundred and twelve of the Revised Laws is hereby amended by inserting after section one hundred the following five sections: -- Sec

tion 101. A person to whom a debt is due for labor performed or for materials furnished and actually used in constructing a street railway under a contract with a person, other than the owner of the street railway, who has authority from or is rightfully acting for such owner in furnishing such labor or materials shall have a right of action against such owner to recover such debt with costs, except as provided in the following four sections. Section 102. No person who has contracted to construct the whole or a specified part of such street railway shall have such right of action. Section 103. No person shall have such right of action for labor performed, unless, within thirty days after ceasing to perform it, he files in the office of the clerk of a city or town in which any of said labor was performed a written statement, under oath, of the amount of the debt so due him and of the name of the person or persons for whom and by whose employment the labor was performed. Such right of action shall not be lost by a mistake in stating the amount due; but the claimant shall not recover as damages a larger amount than is specified in said statement as due him, with interest thereon. Section 104. No person shall have such right of action for materials furnished, unless, before beginning to furnish them, he files in the office of the clerk of the city or town in which any of the materials were furnished, in the manner provided for filing the statement mentioned in the preceding section, a written notice of his intention to claim such right. Section 105. No such action shall be maintained unless it is begun within sixty days after the plaintiff ceased to perform such labor or to furnish such materials. [Approved May 23, 1904.

[CHAP. 397.]

AN ACT TO EXTEND THE PROVISIONS OF THE FIFTY-EIGHT HOUR LAW SO AS TO INCLUDE THE MONTH OF DECEMBER.

Be it enacted, etc., as follows:

The first sentence of section twenty-three of chapter one hundred and six of the Revised Laws is hereby amended by striking out all after the word "week", in the third line, to and including the word retail", in the fifth

66

66

line, so that the sentence will read as follows:- Section 23. No child under eighteen years of age and no woman shall be employed in laboring in a mercantile establishment more than fifty-eight hours in a week. [Approved June 2, 1904.

[CHAP. 430.]

AN ACT TO PROVIDE FOR THE APPOINTMENT OF TWO ADDITIONAL MEMBERS OF THE DISTRICT POLICE TO SERVE AS INSPECTORS OF FACTORIES AND PUBLIC BUILDINGS.

Be it enacted, etc., as follows:

SECTION 1. The governor is hereby authorized and requested to appoint two additional members of the district police force, who shall be employed as additional inspectors of factories and public buildings. The terms of office, salaries, powers and duties of said additional members shall be the same as those of the district police force already appointed. The said appointments may be made without giving to veterans the preference re

quired by sections twenty-one and twenty-two of chapter nineteen of the Revised Laws.

SECTION 2. This act shall take effect upon its passage. [Approved June 4, 1904.

[CHAP. 432.]

AN ACT RELATIVE TO AGE AND SCHOOLING CERTIFICATES OF MINORS. Be it enacted, etc., as follows:

SECTION 1. Section thirty-one of chapter one hundred and six of the Revised Laws is hereby amended by striking out the section and inserting in place thereof the following: Section 31. An age and schooling certificate shall not be approved unless satisfactory evidence is furnished by the last school census, the certificate of birth or baptism of such minor, or the register of birth of such minor with a city or town clerk, that such minor is of the age stated in the certificate, except that other evidence may be accepted in case the superintendent or person authorized by the school committee, as provided in the preceding section, decides that neither the last school census, nor the certificate of birth or baptism, nor the register of birth is available for the purpose.

SECTION 2. This act shall take effect upon its passage. [Approved June 4, 1904.

[CHAP. 460.]

AN ACT RELATIVE TO THE OBSERVANCE OF THE LORD'S DAY. Be it enacted, etc., as follows:

SECTION 1. Chapter ninety-eight of the Revised Laws is hereby amended by striking out section one and inserting in place thereof the following: Section 1. Whoever, on the Lord's day, is present at a game, sport, play or public diversion, except a concert of sacred music, or an entertainment given in good faith by a religious or charitable society in aid of a religious or charitable purpose, the entire proceeds of which, if any, less only the necessary and reasonable expenses, not to exceed twenty-five per cent of such proceeds, are to be devoted exclusively to a religious or charitable purpose, shall be punished by a fine of not more than five dollars for each offence.

SECTION 2. Said chapter ninety-eight is hereby further amended by striking out section two and inserting in place thereof the following:Section 2. Whoever, on the Lord's day, keeps open his shop, warehouse or workhouse, or does any manner of labor, business or work, except works of necessity and charity, or takes part in any sport, game, play or public diversion, except a concert of sacred music or an entertainment given in good faith by a religious or charitable society in aid of a religious or charitable purpose, the entire proceeds of which, if any, less only the necessary and reasonable expenses, not to exceed twenty-five per cent of such proceeds, are to be devoted exclusively to a religious or charitable purpose, shall be punished by a fine of not more than fifty dollars for each offence; and the proprietor, manager or person in charge of such game, sport, play or public diversion, except as aforesaid, shall be punished by a fine of not less than fifty nor more than five hundred dollars for each offence.

SECTION 3. Said chapter ninety-eight is hereby further amended by striking out section five and inserting in place thereof the following: Section 5. The provisions of the preceding sections shall not be held to prohibit the giving, being present at, or taking part in, on the Lord's day, a concert of sacred music, or an entertainment given in good faith by a religious or charitable society, in aid of a religious or charitable purpose, the entire proceeds of which, if any, less only the necessary and reasonable expenses, not to exceed twenty-five per cent of such proceeds, are to be devoted exclusively to a religious or charitable purpose, or a free open air concert given by a city or town, or by license of the mayor and aldermen of a city or the selectmen of a town, upon a common, public park, street or square.

-

SECTION 4. Section one hundred and seventy-two of chapter one hundred and two of the Revised Laws is hereby amended by adding at the end thereof the words: - and no such exhibition, show or amusement mentioned in said section, except a concert of sacred music or a free open air concert given by a city or town upon a common, public park, street or square, shall be given without such license, - so as to read as follows: Section 172. The mayor and aldermen of a city or the selectmen of a town may, except as provided in section forty-six of chapter one hundred and six, grant a license for theatrical exhibitions, public shows, public amusements and exhibitions of every description to which admission is obtained upon payment of money or upon the delivery of any valuable thing, or by a ticket or voucher obtained for money or any valuable thing, upon such terms and conditions as they deem reasonable, and they may revoke or suspend such license at their pleasure; but they shall not grant a license for any such theatrical exhibitions, public shows, public amusements or exhibitions of any description whatever to be held upon the Lord's day, except for those named in section five of chapter ninety-eight, and no such exhibition, show or amusement mentioned in said section, except a concert of sacred music or a free open air concert given by a city or town upon a common, public park, street or square, shall be given without such license.

SECTION 5. Section one hundred and seventy-three of chapter one hundred and two of the Revised Laws is hereby amended by inserting after the word "section", in the fifth line, the words: - and of the last preceding section, and by inserting after the word "societies ", in the sixth line, the words in their usual places of worship, so as to read as follows: Section 173. Whoever offers to view, sets up, sets on foot, maintains, carries on, publishes or otherwise assists in or promotes any such exhibition, show or amusement, without such license, shall be punished by a fine of not more than five hundred dollars for each offence. The provisions of this section and of the last preceding section, however, shall not apply to public entertainments by religious societies in their usual places of worship for a religious or charitable purpose. [Approved June 9, 1904.