§ 41. Penalty for violation. Any person who or any agency, bureau,
corporation or association which shall violate any of the provisions of
sections forty, forty-a, forty-b or forty-two or who or which shall aid
or incite the violation of any of said provisions and any officer or
member of a labor organization, as defined by section forty-three of
this chapter, or any person representing any organization or acting in
its behalf who shall violate any of the provisions of section
forty-three of this chapter or who shall aid or incite the violation of
any of the provisions of such section shall for each and every violation
thereof be liable to a penalty of not less than one hundred dollars nor
more than five hundred dollars, to be recovered by the person aggrieved
thereby or by any resident of this state, to whom such person shall
assign his cause of action, in any court of competent jurisdiction in
the county in which the plaintiff or the defendant shall reside; and
such person and the manager or owner of or each officer of such agency,
bureau, corporation or association, and such officer or member of a
labor organization or person acting in his behalf, as the case may be
shall, also, for every such offense be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined not less than one hundred
dollars nor more than five hundred dollars, or shall be imprisoned not
less than thirty days nor more than ninety days, or both such fine and
imprisonment. At or before the commencement of any action under this
section, notice thereof shall be served upon the attorney general.