SECTION 5. Whoever, either for himself, or as superintendent, overseer, or other agent of another, employs or has in his employment any person in violation of the provisions of the preceding section, and every parent or guardian who permits any minor to be so employed, shall be punished by fine of not less than fifty nor more than one hundred dollars for each offence. Said penalty shall extend to corporations. A certificate of the age of a minor made by him and by his parent or guardian at the time of his employment in a manufacturing establishment shall be conclusive evidence of his age upon any trial for a violation of the preceding section.

CHAPTER 86.-Alien contract labor.

SECTION 12. Every corporation which brings into this Commonwealth any person not having a settlement therein, or by whose means or at whose instigation any such person is so brought, for the purpose of performing labor for such corporation, shall give a bond to the Commonwealth, to be delivered to the State board [of health, lunacy and charity] in the sum of three hundred dollars, conditioned that neither such person, nor any one legally dependent on him for support, shall within two years become a city, town, or State charge.

CHAPTER 98.-Sunday labor.

SECTION 2, (as amended by chapter 391, acts of 1887). 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, * * * shall be punished by fine not exceeding fifty dollars for each offence. But nothing in this section shall be held to prohibit the manufacture and distribution of steam, gas or electricity for illuminating purposes, he at or motive power, nor the distribution of water for fire or domestic purposes, nor the use of the telegraph or the telephone, nor the retail sale of drugs and medicines, nor articles ordered by the prescription of a physician, nor mechanical appliances used by physicians or surgeons, nor the letting of horses and carriages, nor the letting of yachts and boats, nor the running of steam ferryboats on established routes, of streetrailway cars, nor the preparation, printing and publishing of newspapers, nor the sale and delivery of newspapers, nor the retail sale and delivery of milk, nor the transportation of milk, nor the making of butter and cheese, nor the keeping open of public bath houses, nor the making or selling by bakers or their employés of bread or other food usually dealt in by them before ten of the clock in the morning and between the hours of four of the clock and half-past six of the clock in the evening.

SECTION 13, (as amended by chapter 391, acts of 1887.) Whoever conscientiously believes that the seventh day of the week ought to be observed as the Sabbath, and actually refrains from secular business and labor on that day, shall not be liable to the penalties of this chapter for performing secular business or labor on the Lord's day, if he disturbs no other person.

CHAPTER 100.-Sale of liquor to employés.

SECTION 25. The * *

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employer of a person who has or may hereafter have the habit of drinking spirituous or intoxicating liquor to excess, may give notice in writing, signed by him or her, to any person, requesting him not to sell or deliver such liquor to the person having such habit. If the person so notified at any time within twelve months thereafter sells or delivers any such liquor to the person having such habit, or permits such person to loiter on his premises, the person giving the notice may, in an action of tort, recover of the person notified such sum, not less than one hundred nor more than five hundred dollars, as may be assessed as damages: Provided, That an employer giving such notice shall not recover unless he is injured in his person or property.

CHAPTER 102.-Inspection of steam engines and boilers.

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SECTION 49. The fire commissioners of the city of Boston, the mayor and aldermen of any other city, or the selectmen of a town, or any person by them authorized, may, after notice to the parties interested, examine any steam-engine or steam-boiler therein, whether fixed or portable; and for that purpose may enter any house, shop, or building; and if upon such examination it appears probable that the use of such engine or boiler is unsafe, they may issue a tem

porary order to suspend such use; and if after giving the parties interested, so far as known, an opportunity to be heard, they adjudge such engine or boiler unsafe or defective or unfit to be used, they may pass a permanent order prohibiting the use thereof until it is rendered safe. If, after notice to the owner or person having charge thereof, such engine or boiler is used contrary to either of such orders, it shall be deemed a common nuisance, without any other proof thereof than its use.

SECTION 50. The fire commissioners, mayor and aldermen and selectmen, may abate and remove a steam-engine or steam-boiler erected or used contrary to the provisions of the preceding section in the same manner as boards of health may remove nuisances, under sections twenty-one, twenty-two, and twenty-three of chapter eighty.

SECTION 51. No person shall manufacture, set up, use, or cause to be used, a steam-boiler, unless it is provided with a fusible safety-plug made of lead or some other equally fusible material, and of a diameter of not less than one-half an inch, placed in the roof of the fire-box, when a fire-box is used, and in all cases in a part of the boiler fully exposed to the action of the fire, and as near the top of the water line as any part of the fire-surface of the boiler; and for this purpose Ashcroft's "protected safety fusible plug" may be used.

SECTION 52. Whoever without just and proper cause removes from a boiler the safety plug thereof, or substitutes therefor any material more capable of resisting the action of the fire than the plug so removed, shall be punished by fine not exceeding one thousand dollars.

SECTION 53. Whoever manufactures, sets up, or knowingly uses or causes to be used for six consecutive days a steam-boiler unprovided with a safety fusible plug as described in section fifty-one, shall be punished by fine not exceeding one thousand dollars.

CHAPTER 103.-Factories and workshops.

SECTION 9. The governor shall appoint two or more of the district police to act as inspectors of factories and public buildings. *

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SECTION 10, (as amended by chapter 218, acts of 1887). Such inspectors shall enforce the provisions of sections thirteen to twenty-two, inclusive, of chapter one hundred and four, except as therein specified, and the various provisions of law relating to the employment of women and minors in manufacturing, mechanical or mercantile establishments, and the employment of children, young persons or women in factories or workshops, and the ventilation of factories or workshops, and the securing of proper sanitary provisions in factories or workshops; and for this purpose said inspectors may enter all buildings used for public or manufacturing purposes, or for factories or workshops, examine the methods of protection from accident, the means of escape from fire, the sanitary provisions and the means of ventilation, and may make investigations as to the employment of children, young persons and women.

SECTION 11. The chief of the district police shall report in print to the governor, on or before the first day of January of each year, in relation to factories and public buildings, with such remarks, suggestions, and recommendations as he may deem necessary.

CHAPTER 104.-Factories and workshops.

SECTION 13. The belting, shafting, gearing, and drums of all factories, when so placed as to be, in the opinion of the inspectors mentioned in section nine of chapter one hundred and three, dangerous to persons employed therein while engaged in their ordinary duties, shall be as far as practicable securely guarded. No machinery, other than steam-engines, in a factory, shall be cleaned while running, if objected to in writing by one of said inspectors. All factories shall be well ventilated and kept clean.

SECTION 14, (as amended by chapter 208, acts of 1882). The openings of all hoistways, hatchways, elevators, and well-holes, upon every floor of a factory, or mercantile or public building shall be protected by good and sufficient trapdoors, or self-closing hatches and safety-catches, or such other safeguards as said inspectors direct; and all due diligence shall be used to keep such trap-doors closed at all times, except when in actual use by the occupant of the building having the use and control of the same. All elevator cabs or cars, whether used for freight or passengers, shall be provided with some suitable mechanical device, to be approved by the said inspectors, whereby the cabs or cars will be securely held in the event of accident to the shipper rope, or hoisting machinery, or from any similar cause.

SECTION 21. No explosive or inflammable compound shall be used in any factory in such place or manner as to obstruct or render hazardous the egress of operatives in case of fire.

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SECTION 22, (as amended by chapter 266, acts of 1882). Any person or corporation being the owner, lessee or occupant of a manufacturing establishment, factory or workshop, *shall, for the violation of any provision of [above section] be punished by a fine of not less than fifty nor more than five hundred dollars; and shall also be liable for all damages suffered by any employé by reason of such violations; but no criminal prosecution shall be made for such violation until four weeks after notice in writing by an inspector of factories and public buildings of any changes necessary to be made to comply with the provisions of said sections has been sent by mail or delivered to such person or corporation, nor then, if in the mean time such changes have been made in accordance with such notification. Notice to one member of a firm, or to the clerk or treasurer of a corporation owning, leasing, occupying or controlling, as aforesaid, shall be deemed a sufficient notice under this section, to all the members of such firm or to such corporation. Nothing in this section shall be so construed as to prohibit a person injured from bringing an action to recover damages for his injuries.

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SECTION 23, (as amended by chapter 276, acts of 1887). The authority of the inspectors mention d in section thirteen of this chapter to enforce the provisions of sections fourteen [twenty-one and twenty-two] ** shall not extend to the city of Boston. SECTION 24, (as amended by chapter 266, acts of 1882). A district police officer detailed to perform the duties required by [the above] sections who fails to perform such duties faithfully shall be immediately discharged from his office.

CHAPTER 106.-Coöperative associations.

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SECTION 9. For the purpose of cooperation in carrying on any business author ized in the two preceding sections (any mechanical, mining or manufacturing business except that of distilling or manufacturing intoxicating liquors, cutting, storing and selling ice, carrying on any agricultural, horticultural or quarrying business, printing and publishing newspapers, periodicals, books or engravings] and of cooperative trade, seven or more persons may associate themselves, with a capital of not less than one thousand nor more than one hundred thousand dollars.

SECTION 72. Every corporation organized for the purposes set forth in section nine shall distribute its profits or earnings among its workmen, purchasers, and stockholders, at such times and in such manner as shall be prescribed by its bylaws, and as often at least as once in twelve months; but no distribution shall be made until at least ten per cent. of the net profits has been appropriated for a contingent or sinking fund, until there has accumulated a sum equal to thirty per cent in excess of its capital stock.

SECTION 73. No person shall hold shares in any cooperative association to an amount exceeding one thousand dollars at their par value, nor shall any stockholder be entitled to more than one vote upon any subject.

CHAPTER 106.- Corporations — Liability of stockholders for debts due employés.

SECTION 61. The members or stockholders in any corporation which is subject to this chapter shall be jointly and severally liable for its debts or contracts in the following cases, and not otherwise:

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Fourth. For all sums of money due to operatives for services rendered within six months before demand made upon the corporation, and its neglect or refusal to make payment.

CHAPTER 112.-Suits for wages-Railroad employés.

SECTION 143. A person to whom a debt is due for labor performed or for materials furnished and actually used in constructing a railroad under a contract with a person other than the owner thereof, having authority from or 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,

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SECTION 145. No such 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 his 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 named in said statement as due him, with interest thereon.

SECTION 147. No such action shall be maintained, unless commenced within sixty days after the plaintiff ceased to perform such labor or to furnish such materials.

CHAPTER 112.-Color-blindness of railroad employés.

SECTION 179, (as amended by chapter 125, acts of 1883). No railroad corporation shall employ or keep in its employment, in a position which requires the person employed therein to distinguish form or color signals, any person, unless he has been examined for color-blindness or other defective sight by some competent person employed by the corporation, and has received a certificate that he is not disqualified for such position by color-blindness or other defective sight. A railroad corporation shall forfeit one hundred dollars for each violation of the provisions of this section.

CHAPTER 112.—Liability of railroad employés for negligence.

SECTION 210. When an engineman, fireman, or other agent of a railroad corporation is guilty of negligence or carelessness whereby an injury is done to a person or corporation, he shall be punished by imprisonment not exceeding twelve months, or by fine not exceeding one thousand dollars.

SECTION 211. Whoever, having the management of or control over a railroad train while being used for the common carriage of persons, is guilty of gross carelessness or neglect in or in relation to the management or control thereof, shall forfeit a sum ot exceeding five thousand dollars, or be imprisoned not more than three years.

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CHAPTER 112.-Railroad companies-When liable for death of employés. SECTION 212, (as amended by chapter 243, acts of 1883). * if an employé of [a railroad] corporation being in the exercise of due care is killed under such circumstances as would have entitled the deceased to maintain an action for damages against such corporation, if death had not resulted, the corporation shall be liable in the same manner and to the same extent as it would have been if the deceased had not been an employé. *

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CHAPTER 137.-Wages preferred-In administration.

SECTION 1. When the estate of a person deceased is insufficient to pay all his debts, it shall, after discharging the necessary expenses of his funeral and last sickness and the charges of administration, be applied to the payment of his debts in the following order: First, debts entitled to a preference under the laws of the United States; second, public rates, taxes, and excise duties; third, wages or compensation, to an amount not exceeding one hundred dollars, due to a clerk, servant, or operative, for labor performed within one year next preceding the death of such deceased person, or for such labor so performed for the recovery or payment of which a judgment has been rendered.

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CHAPTER 147.-Earnings of married women.

SECTION 4. All work and labor performed by a married woman for a person other than her husband and children shall, unless there is an express agreement on her part to the contrary, be presumed to be performed on her separate ac

count.

CHAPTER 157.-Wages preferred-Insolvency.

SECTION 104. In the order for a dividend *

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be entitled to priority, and to be first paid in full in their order:

First. All debts due to the United States, and all debts due to and taxes assessed by this State, or any county, city, or town therein.

Second. Wages due to an operative, clerk, or servant, to an amount not exceeding one hundred dollars, for labor performed within one year next preceding the first publication of the notice, or for labor for the recovery of payment for which a suit commenced within one year after the performance thereof is pending, or has terminated within one year from said first publication.

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SECTION 105. The estate shall be liable for wages due to an operative from another operative who has contracted or agreed to do certain specified work for the debtor, to the amount of one hundred dollars, for labor actually performed on such work within one year next preceding the first publication of the notice, and in the division of the estate such wages shall have the priority given to wages due to operatives under the provisions of the preceding section; but all payments under the provisions of this section shall be charged to the account of the operative who, as principal, has contracted or agreed to do the work, and such payments, and the liability herein imposed, shall not exceed the amount due such principal operative for such work performed within the time herein

before mentioned.

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CHAPTER 171.-Exemption from execution, etc.—Personal property.

SECTION 34. The following articles of the debtor shall be exempt from execution, viz:

First. The necessary wearing apparel of himself and of his wife and children; one bedstead, bed, and the necessary bedding for every two persons of the family; one iron stove used for warming the dwelling house, and fuel not exceeding the value of twenty dollars procured and designed for the use of the family.

Second. Other household furniture necessary for him and his family, not exceeding three hundred dollars in value.

Third. The Bibles, school-books, and library, used by him or his family, not exceeding fifty dollars in value.

Fourth. One cow, six sheep, one swine, and two tons of hay.

Fifth. The tools, implements, and fixtures necessary for carrying on his trade or business. not exceeding one hundred dollars in value.

Sixth. Materials and stock designed and procured by him, and necessary for carrying on his trade or business, and intended to be used or wrought therein, not exceeding one hundred dollars in value.

Seventh. Provisions necessary and procured and intended for the use of the family, not exceeding fifty dolia's in value.

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Ninth. The boat, fishing tackle, and nets of fishermen, actually used by them in the prosecution of their business, to the value of one hundred dollars.

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Twelfth. One sewing machine, not exceeding one hundred dollars in value, in actual use by each debtor or by his family.

Thirteenth. Shares in coöperative associations dollars in value in the aggregate.

* not exceeding twenty

CHAPTER 183.-Exemption from attachment, etc.-Wages.

SECTION 29. No person shall be adjudged a trustee by reason of any money or credits which are due for the wages of the personal labor or services of the wife or minor children of the defendant.

SECTION 30. When wages for the personal labor and services of a defendant are attached for a debt or demand other than for necessaries furnished to him or to his family, there shall be reserved in the hands of the trustee a sum not exceeding twenty dollars, which shall be exempt from such attachment: and when such wages are attached on a demand for such neccessaries, there shall be so reserved a sum not exceeding ten dollars.

SECTION 31. When wages for personal labor or services are attached, the defendant may at any time before the entry of the writ tender to the plaintiff or to his attorney the whole amount due and recoverable in the action, with the fees of the officer for serving the writ. When such tender is made, no costs, other than such fees of the officer, shall be recovered by the plaintiff : * * *.

SECTION 32. Whoever wilfully causes, or aids and abets in causing, wages for personal services, which are exempt from attachment, to be attached by the trustee process for the purpose of unlawfully hindering or delaying the payment of such wages to the person to whom they belong, shall, on complaint of the per