ART. 48] UNSAFE SCAFFOLDING. 1347

their agents or workmen, or the constable and his assistants in
the performance of their duties, under this sub-title, such
person shall be guilty of a misdemeanor and shall be
punished by fine not exceeding one hundred dollars or by
imprisonment in the county jail for not exceeding three months,
or by both fine and imprisonment.

Protection of Workingmen and Others Againts Unsafe
Scaffolding.

1894, ch. 158, sec. 1.

77. Whenever complaint is made to the commissioner of
police or to the marshal, or other persons in charge of the
police force of any city or town in this State, that the scaffold-
ing used in the construction, altering, repairing or painting of
any building within the limits of such city or town is unsafe
and dangerous to the life and limb of any person, it shall be
the duty of such police commissioners, marshal of police, or
other persons in charge of the police force to immediately
detail a competent police officer to inspect such scaffolding
forthwith, with instructions to prohibit the further use of such
scaffolding, and, if after proper examination he find the com-
plaint well founded, to require that it be altered or reconstructed
in such manner as to render it no longer dangerous to life or
limb. It shall be the duty of the officer making the examina-
tion to attach a notice to such scaffolding, stating that he 'has
made such examination, and that he has found it safe or
unsafe, as the case may be. If he declares it to be unsafe, he
shall at once, in writing, notify the person or persons respon-
sible for its erection of the fact, and warn them against using
it, or permitting or suffering any person or persons to use it,
and such notice may be served upon the responsible person or
persons, or by conspicuously affixing it to the scaffold declared
to be unsafe; after such notice is served or affixed, it shall be
the duty of the persons responsible therefor to immediately
remove such scaffolding, or to alter or strengthen it in such a
manner as to render it safe, in the discretion of the officer who
has condemned it or of his superiors.

Ibid sec. 2.

78. It shall be the duty of the police commissioners, marshal
of police, or other persons in charge of the police force of any
city or town of this State, when complaint is made to them or
any of them that the slings, hangers, blocks, pulleys, stays,