established by the board of retirement hereunder, he shall give notice thereof to the city or town and to the board of retirement, and thereafter if such violation or neglect continues, shall forthwith present the facts to the attorney-general for his action. SEC. 10. The superior court shall have jurisdiction in equity upon Jurisdiction. petition of the insurance commissioner or any interested party to compel the observance and to restrain the violation of this act and of the rules and regulations established by the board of retirement hereunder. Approved June 14, 1910. RESOLVES. CHAPTER 56.-Commission on the inspection of factories, workshops, etc. sion. to The governor, with the advice and consent of the council, shall, Governor within thirty days after the passage of this resolve, appoint a commis- appoint commission consisting of five persons, citizens of the Commonwealth, one of whom he shall designate as chairman, to investigate the general subject Duties. of the inspection of factories, workshops, mercantile establishments and other buildings, to study the present system of such inspection as it is administered by the district police, the state board of health and the local authorities, to determine if there is any duplication of work or absence of proper inspection, to consider the need of extending the scope of the inspection, and to recommend such changes in the law as shall seem necessary to coordinate the work and to secure greater efficiency and greater economy in the said inspection. Said commission may employ experts and all necessary clerical and other assistants, and may incur such reasonable expenses, including traveling expenses, as may be authorized by the governor and council. Before incurring any expense the commission shall from time to time estimate its probable amount and submit the estimate to the governor and council for their approval, and no expense shall be incurred by the commission beyond the amount so estimated and approved. The Report. commissioners shall serve without pay. The commission shall report in print to the general court on or before the second Wednesday of January in the year nineteen hundred and eleven, with drafts of such bills, if any, as may be necessary to carry its recommendations into effect. There may be expended from the treasury of the Common- Appropriation. wealth a sum not exceeding five thousand dollars to carry out the purposes of this resolve. Approved April 7, 1910. CHAPTER 120.-Commission on workmen's compensation. Governor sion. to Resolved, That the governor, with the advice and consent of the council, be authorized to appoint a commission of five persons, citizens of the appoint comm'sCommonwealth, one of whom shall be designated as chairman, for the purpose of investigating the effect of the present laws relating to the liability of employers for injuries received by employees in the course of Duties. their employment. The commission shall investigate other laws and systems in operation in other States and countries, shall correspond or confer with committees and commissions in other States considering the same subject, and shall draft an act for the compensation of employees for industrial accidents. The commission shall be provided with suitable quarters in the state house or elsewhere. It may employ all necessary clerical or other assistance and may incur such reasonable expense, including traveling expenses, and shall receive such remuneration, as may be approved by the governor and council. The commission shall report in print, the draft of the act and a compilation of Report. the data and statistics and such other information as the commission may be possessed of as a result of its investigation and study, on or before the second Wednesday in January in the year nineteen hundred and eleven, and the powers of said commission shall terminate on that date. The total expense to be incurred under this resolve shall not exceed the Appropriation. sum of ten thousand dollars. The provisions of section twenty-one of chapter three of the Revised Laws shall not apply to the appointments to be made under this resolve. Approved June 7, 1910. sion. Duties. CHAPTER 146.-Commission on employment offices. Governor to A commission of three persons [shall] be appointed by the governor, appoint commis- with the advice and consent of the council, to serve without compensation. The commission shall investigate and study the condition and management of employment agencies and intelligence offices of all kinds in the Commonwealth, and the efficiency of the laws relating thereto. The commission shall also investigate in regard to the advisability of extending the services of the state free employment offices of the bureau of statistics so as to provide farm labor throughout the Commonwealth. The commission shall be allowed such sum for its necesAppropriation. sary expenses, not exceeding two thousand dollars, as may be approved Report. by the governor and council, and shall report in print to the general court, not later than the eleventh day of January, nineteen hundred and eleven, with such recommendations for legislation or otherwise as it may deem expedient. The commission shall have authority to summon witnesses and enforce their attendance, to order the production of books, papers, agreements and documents and to administer oaths in accordance with the provisions of chapter one hundred and seventy-five of the Revised Laws, and acts amendatory thereof and in addition thereto. Approved June 15, 1910. CHAPTER 160.-Investigation of retirement systems for state and county employees. Cost to be in- The director of the bureau of statistics is hereby authorized and vestigated. directed to make an investigation as to the cost to the counties of the Commonwealth by the establishment of retirement systems for employees as provided for in the senate bill numbered three hundred and seventy-five of the present year, also as to the cost to the Commonwealth by the establishment of a retirement fund for its employees as provided for in the senate bill numbered three hundred and seventy-six of the present year. He is authorized to employ experts in determining the cost, and shall report his findings to the next general court not later than the first Wednesday in January. Any expenses incurred under this resolve shall be paid from the appropriation for the bureau of sta Report. tistics. Approved June 15, 1910. MISSISSIPPI. ACTS OF 1910. Comparat i ve considered. CHAPTER 135.-Liability of employers for injuries to employees-Comparative negligence." SECTION 1. In all actions hereafter brought for personal injuries or negligence to be where such injuries have resulted in death, the fact that the persons injured may have been guilty of contributory negligence shall not bar a recovery, but damages shall be diminished by the jury in proportion to the amount of negligence attributable to the person injured. SEC. 2. All questions of negligence and contributory negligence shall be for the jury to determine. Questions jury. for Approved April 16, 1910. NEW JERSEY. Removal, etc., restricted. ACTS OF 1910. CHAPTER 25.-Term of service of employees of municipalities-Discharge. SECTION 1. No employee of a municipal board of street and water commissioners, constituted under the provisions of the act to which this is a supplement, who shall have been in such employ continuously for a space of five years, shall be removed, discharged or reduced in pay or position except for inefficiency, incapacity, conduct unbecoming a public employee, or other just cause, and until he shall have been furnished with a written statement of the reasons for such removal, Approved March 16, 1910. CHAPTER 149.-Pensions for employees of penal and reformatory insti tutions. SECTION 1. Whenever any officer or employee of any state penal Retirement institution or reformatory, who, while an employee of such institution, may be ordered has become permanently disabled in the discharge of his duty, and the same is so certified by the visiting or house physician of said institution, it shall be lawful, with his assent, for the body, board or officers having power to appoint his successor in case of vacancy, to order his retirement from such service: Provided, That such retirement shall be made with the approval of the governor. SEC. 2. In the event of the retirement of any officer or employee as Pension. aforesaid, the person so retired shall be entitled for and during his natural life by way of pension to the sum of fifty dollars per month. SEC. 3. All pensions due and owing under this act shall be paid Payments. quarterly by the treasurer of this State upon the warrant of the comp troller. Approved April 8, 1910. CHAPTER 269.-Assignments of wages-Wage brokers. SECTION 1. No person shall engage in the business of making or License regiving advancements or loans of money or other things of value and of quired. taking or receiving as collateral security therefor pledges of personal property, chattel mortgages or assignments of salary or wages, or power of attorney authorizing the execution of such assignment of salary or wages without having first obtained a license to do such business in manner hereinafter provided. SEC. 2. The common council or other governing body of any city, Regulations to town, township, borough or other municipal body in this State shall be made. and may, by ordinance, provide for the licensing, regulation and control of the business of making or giving loans or advancements on pledges of personal property, chattel mortgages and assignments of salary or wages, and said common council or other governing body is hereby authorized and empowered to fix and regulate the form of such license, the license fees to be paid therefor to the municipal body, such rules and regulation for the control and conduct of said business as may be reasonable and proper. SEC. 3., The license fee for the conduct of such business in cities of Fees. first class shall not be less than five hundred dollars per annum; in cities of the second class, not less than two hundred and fifty dollars per annum; cities of the third class, not less than two hundred dollars per annum; in all other cities, boroughs, towns, townships or other municipalities of said State, not less than one hundred and fifty dollars per annum. SEC. 4. Upon securing from the common council or other governing Preliminary rebody of any municipality the license to do business, the person, firm port. or corporation securing said license shall, within thirty days, make report to the commissioner of banking and insurance on blanks to be provided for such purpose, which said blanks shall contain the names of the person, persons, firm or corporation engaged in said business, the location of the place of business and the amount of capital paid in and employed at the date of the making of the certificate and all other funds used as loanable capital in said business and obtained in any manner other than through capital contribution. SEC. 5. The rates of interest to be charged by any person or person", firm or corporation upon loans on pledges of personal property, chattel Interest rate. Records. Inspection. mortgages, assignment of salary or wages, shall not exceed the sum of twelve per centum per annum. SEC. 6. Any person or persons, firm or corporation engaged in the business of making loans on pledges of personal property, chattel mortgages and assignment of salary or wages shall keep full, true and correct records of all loans made on pledges of personal property, chattel mortgages or assignment of salary or wages, which record shall show the name of the persons to whom said loan or advancement is made, the value and kind of pledge or security given therefor, and the amount loaned or advanced thereon, and the rate of interest at which the loan or advancement is made. SEC. 7. The chief of police or other head officer of the police department of the municipality in which such business is licensed is hereby empowered and authorized to inspect the records of loans made by any person, firm or corporation making loans upon pledges of personal property, chattel mortgages or assignment of salary or wages, and the common council or other governing body of such municipality may by ordinance prescribe that such reasonable reports of the business as said body may deem necessary be made by person, firm or corporation conducting said business to the chief of police or other head of the police department of the municipality. Employer to ac- SEC. 8. No assignment of or order for wages to be earned in the future cept assignments. shall be valid against the employer of the person making said assignment or order until such assignment or order is accepted in writing by said employer and the said assignment and order and acceptance of the same has been filed with the clerk of said town, township, borough or other municipality where the party making said assignment or order resides if a resident of the State, or in which he is employed if a nonresident. Filing. Wife to consent. Violations. Penalties. Exemptions. SEC. 9. No such assignment of or order for wages or salary to be earned in the future shall be valid when made by a married man, unless the written consent of his wife to the making of such assignment or order is attached thereto: Provided, That where a mairied man is living separate and apart from his wife for a period of five months prior to said assignment, then such consent shall not be required. SEC. 10. Any persons engaged in the business of making loans on pledges of personal property, chattel mortgages and assignment of salary or wages without a license therefor first had as provided in this act shall be guilty of a misdemeanor; any person charging for a loan or advancement on pledges of personal property, chattel mortgages or assignment of salary or wages a rate of interest greater than set forth in the schedule to be issued by the commissioner of banking and insurance as hereinbefore provided shall be guilty of a misdemeanor. SEC. 11. The common council or other governing body of any city, township or other municipality hereby authorized to adopt ordinances according to the provisions of this act is further authorized and empowered to fix or prescribe the penalty or penalties for the violation thereof either by imprisonment in the municipal lockup or county jail, as may be designated by said governing body, for a term not to exceed ninety days, or by a fine not exceeding two hundred dollars and imprisonment in the municipal lockup or county jail, as may be designated by the governing body, for a term not exceeding ninety days in default of payment of said fine; and it shall be lawful for the governing body to authorize and empower the officer or magistrate before whom any person or persons, firm or corporation offending may be brought, on conviction, to impose any fine in the discretion of such officer to the maximum fixed in said ordinance or to imprison for any term not exceeding the term of imprisonment therein fixed. SEC. 12. This act shall not be held to apply to pawnbrokers who are already regulated by law, nor to provident loan associations authorized to do business by chapter ninety-six of the laws of one thousand nine hundred and four, or to those doing business under chapter three hundred and sixty-eight of the laws of one thousand eight hundred and ninety-five, nor shall it apply to banks, bankers, trust companies or savings banks, or to any transactions with banks, bankers, trust companies or savings banks, or to loans made by manufacturers or merchants to their customers and secured by chattel mortgages. Approved April 12, 1910. CHAPTER 277.-Employment of children-Hours of labor. SECTION 1. Section nine of the act to which this act is an amendment hereby is amended to read as follows: week. Section 9. No minor under the age of sixteen years shall be employed, Hours per permitted or allowed to work in a place coming under the provisions of this act more than ten hours a day, or fifty-five hours in a week, and between the fourth day of July, in the year nineteen hundred and ten, and the fourth day of July, in the year nineteen hundred and eleven, no minor under the age of fifteen years shall be employed, permitted Night work. or allowed to work in a place coming under the provisions of this act between the hours of six o'clock in the evening and six o'clock in the morning, and after the fourth day of July, nineteen hundred and eleven, no minor under the age of sixteen years shall be employed, permitted or allowed to work in a place coming under the provisions of this act between the hours of six o'clock in the evening and six o'clock in the morning. Any corporation, firm or person permitting or allowing any person to work contrary to the provisions of this section shall be liable to a penalty of fifty dollars for each offense. Approved April 12, 1910. CHAPTER 283.-Protection of wages of employees of contractors. Owner liable [This act provides that where master workmen and contractors on any house or building refuse to pay the sums due employees, subcon- for wages when. tractors, or material men, on demand, the person to whom the money is due may give notice of such fact in writing to the owner or owners of the building, who shall thereupon verify the correctness of the claim. Receipts for payments made entitle the owner to corresponding allowances in settlements with the master workmen or contractors.] JOINT RESOLUTIONS. No. 1.-Commission on industrial old-age pensions. sion. to The governor is hereby authorized to appoint a commission consisting Governor of five representative men, who shall serve without remuneration, and appoint commiswhose duties shall be to thoroughly investigate and report to the governor the draft of a bill providing a plan for industrial old-age pension, for Report. consideration and action by the members of the one hundred and thirty-fifth general assembly. Approved March 23, 1910. No. 2.-Commission on employers' liability. sion. to SECTION 1. The governor of this State is hereby authorized to appoint Governor two persons who are representative of the labor interests of the State, appoint commistwo persons who are representative of the employers' interest of the State, who, together with one member of the senate and one member of the house of assembly, to be named by the president of the senate and the speaker of the house of assembly, respectively, shall constitute a commission authorized to make inquiry into the subject matter recited in the preamble of this resolution [questions of employers' liability and compensation for accidents to employees], and generally as to the legal relations now existing in this State between the employer and the employee.' SEC. 2. This commission, within thirty days after its appointment, Duties. shall organize by the selection of a president, and shall have authority to sit from time to time, either at the capitol or other places in the State, and to consider, through public hearings or otherwise, the question referred to them, and they shall also consider the legislation and its results in the several States of the Union and foreign governments on the subject referred to them, and report to the next session of the legis- Report. lature, by a bill, such legislation as they would recommend to be enacted into law by the legislature of this State, together with their reasons therefor. SEC. 4. The said commissioners shall serve without compensation, Appropriation. but their actual expenses incident to the inquiry herein provided for 64181°-No. 91-11-15 |