« PreviousContinue »
son injured thereby, or of the guardian or other person having the lawful custody of any such person who is incompetent to act, be punished by fine not exceeding fifty dollars, to be paid to the person so injured.
SECTION 39. No assignment of future earnings shall be valid against a trustee process, unless, before the service of such process upon the alleged trustee, the assignment has been recorded in the office of the clerk of the city or town where the assignor resides at the time of such record;
* * *
SECTION 87. If the wages for the personal labor and services of a person are attached by the trustee process on a claim other than for necessaries, and the plaintiff does not recover a sum amounting to five dollars as debt, he shall recover no costs of suit.
CHAPTER 192.-Conditional sale of personal property.
SECTION 13. When a sale of personal property is made on condition that the title to the property sold shall not pass until the price is paid in full, and the vendor takes from the vende possession of the property for failure to comply with such condition, the vendee shall have the right, at any time within fifteen days after such taking, to redeem the property so taken by paying to the vendor the full amount of the price then unpaid, together with interest and all lawful charges and expenses due to the vendor. This section shall not apply to any sale made before the twenty-eighth day of April in the year eighteen hundred and eighty-one.
ACTS OF 1882.
CHAPTER 150.-Seats for female employés.
SECTION 1. Every person or corporation employing females in any manufacturing, mechanical or mercantile establishment in this Commonwealth shall provide suitable seats for the use of the females so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed.
SECTION 2. A person or corporation violating any of the provisions of this act shall be punished by fine of not less than ten dollars nor more than thirty dollars for each offence.
CHAPTER 244.-Railroad and steamboat employés-Relief societies.
SECTION 1. Seven or more persons within this Commonwealth, employés of any railroad or steamboat corporation existing under the laws of this Commonwealth, who associate themselves together by such an agreement in writing as is described in section three of chapter one hundred and fifteen of the public statutes, with the intention of forming a corporation for the purpose of receiving, managing and applying such property and funds as it may receive by contribution, assessment or otherwise, for the improvement and benefit of its members and for the relief of its members and their families in case of sickness, injury, inability to labor or other cases of need, and upon complying with the provisions of section four of said chapter shall be and remain a corporation with all the rights, powers, privileges and immunities, and subject to all the duties, liabilities and restrictions of corporations organized under said chapter.
SECTION 2. The by-laws of any such corporation shall be approved by the board of railroad commissioners and shall prescribe the manner in which and the officers and agents by whom the purpose of its incorporation may be carried out, and also the manner in which its property may be invested. Such corporation shall make to the board of railroad commissioners annually and as often as required by said board such statements of its membership and financial transactions with other information relating thereto as the said board may deem necessary to a proper exhibit of its business and standing.
SECTION 3. The board of railroad commissioners may verify such statement by an examination of the books and papers of the corporation; and whoever having charge or custody of such books and papers neglects to comply with the provisions of this section and the preceding section shall be punished by a fine not exceeding five hundred dollars.
[The following additional legislation upon the above subject was enacted in chapter 125, acts of 1886.]
SECTION 1. Any railroad corporation operating a railroad or portion of a rail"oad in this Commonwealth may by vote of its directors associate itself with
seven or more of its employés in forming a relief society under the provisions of chapter two hundred and forty-four of the acts of the year eighteen hundred and eighty-two, or may upon the invitation of any society formed under said act become a member thereof, and may from time to time aid such society by contribution to its funds or otherwise. The by-laws of such society shall provide for the manner in which the railroad corporation shall vote and be represented in said society.
SECTION 2. The funds of such relief society shall not be liable to attachment under trustee process, execution or any other process legal or equitable because of any debt or liability of the railroad corporation or any member of the society.
ACTS OF 1883.
CHAPTER 84.-Factories-Bells, whistles, etc.
SECTION 1. Manufacturers and others employing workmen are authorized, for the purpose of giving notice to such employés, to ring bells and use whistles and gongs of such size and weight, in such manner and at such hours as the board of aldermen of cities and the selectmen of towns may in writing designate.
SECTION 1. If any elevator whether used for freight or passengers shall in the judgment of the inspector of factories and public buildings of the district in which such elevator is used, or, in the city of Boston, of the inspector of buildings of said city, be unsafe or dangerous to use or has not been constructed in the manner required by law, the said inspector shall immediately placard conspicu ously upon the entrance to or door of the cab or car of such elevator a notice of its dangerous condition, and prohibit the use of such elevator until made safe to the satisfaction of said inspector. Any person removing such notice or operating such elevator while such notice is placarded as aforesaid, without authority from said inspector, shall be punished by a fine of not less than ten nor more than fifty dollars for each offence.
ACTS OF 1884.
CHAPTER 52.-Factories-Fastening of doors and windows.
SECTION 1. No outside or inside doors of any building, wherein operatives are employed, shall be so locked, bolted or otherwise fastened during the hours of labor as to prevent free egress.
SECTION 2. Any person, firm or corporation being the owner, lessee or occupant of any such building who shall, after receiving five days' notice in writing from one of the inspectors of factories and public buildings, neglect or refuse to comply with the provisions of the preceding section, shall forfeit to the use of the Commonwealth not less than ten nor more than fifty dollars.
SECTION 3. The inspectors of factories and public buildings shall enforce the provisions of this act.
CHAPTER 181.-Census of industries.
SECTION 1. * * the decennial census of the industries of the Commonwealth, shall be taken in the year 1885 and in every tenth year thereafter, under the direction of the bureau of statistics of labor, by enumerators to be appointed by said bureau
* * *
SECTION 2. The information sought by the census shall be gathered on eight general schedules, as follows: schedule number two [shall relate] to manufactures; schedule number three to mining and quarrying; schedule number four to agricultural products and property and to domestic manufactures; schedule number five to the fisheries; schedule number six to commerce; **
SECTION 6. *** the enumerators shall make and transmit *** a complete list of all establishments engaged in manufacturing and trade, in mining and quarrying, in fishing and in commerce, ***; and upon such list the statistics required by schedules numbered two, three, five, [and] six * * * shall be gath
ered by said bureau, by mail, and of such parties who fail to make returns by mail, by such of the enumerators * as said bureau may designate. SECTION 7. The information called for on schedule number four shall be gathered by such of the enumerators * * * as said bureau may designate, * and they shall make returns of such information on or before the fifteenth day of January following the census year.
SECTION 11. The said bureau, after it shall have gathered the facts as called for by this act, shall cause to be prepared and printed true abstracts of the same, with proper analysis, * but in the reports so required no use shall be made of the names of individuals, firms or corporations supplying the information called for by this act, such information being deemed confidential, and not for the purpose of disclosing any person's affairs, and any enumerator or employé of said bureau violating this provision, shall be fined * *for willful deceit and falsehood.
CHAPTER 184.-Exemption from taxation.
SECTION 1. All property both real and personal held by the Lynn Workingmen's Aid Association, for the purposes and in accordance with the provisions of the charter of said association, shall be exempt from taxation.
CHAPTER 222.-Safety couplers on freight cars.
SECTION 1. Every railroad company operating a railroad or any portion of a railroad, wholly or partly within the State, shall place upon every freight car hereafter constructed or purchased by such corporation, and upon every freight car owned by such corporation, of which the coupler or drawbar is repaired by it, with intent to use such car, such forms or form of automatic or other safety coupler at each end thereof as the board of railroad commissioners may prescribe after examination and test of the same, and the railroad commissioners may annul any recommendation made by them.
SECTION 2. The provisions of this act may be enforced by the supreme judicial court on application of the attorney-general.
CHAPTER 255.-Convict labor.
SECTION 28, (as amended by section 7, chapter 403, acts of 1888). The superintendent of said reformatory, and the general superintendent of prisons, shall endeavor to establish in said reformatory such industries, within the provisions of the requirements of chap. 447 of the acts of the year 1887, as will enable prisoners employed therein to learn valuable trades.
* * *
CHAPTER 275.-Employment, hours of labor, etc., of children.
SECTION 1. No minor under eighteen years of age shall be employed in laboring in any mercantile establishment more than sixty hours in any one week. SECTION 2. Whoever, either for himself, or as superintendent, overseer or other agent for another, employs or has in his employment any person in violation of the provisions of the preceding section, or who fails to post the notice required in section third, and any parent or guardian who permits any minor to be so employed shall be punished by a fine of not less than fifty nor more than one hundred dollars for each offence. Said penalty shall extend to corporations. A certificate of age of a minor, made and sworn to by him and by his parent or guardian at the time of his employment in a mercantile establishment, shall be prima facie evidence of his age in any trial for a violation of the preceding section.
SECTION 3. Every employer shall post in one or more conspicuous places where such persons are employed a printed notice stating the number of hours' work required of them, not exceeding ten hours in any one day, on each day of the week; and the employment of any such person for a longer time in any day than that so stated shall be deemed a violation of this act, unless it appears that such employment is to make up for time lost on some previous day of the same week.
CHAPTER 313.-Conditional sale of personal property.
SECTION 1. All contracts for the sale of furniture or other household effects made on condition that the title to the property sold shall not pass until the price is paid in full, whether such contract be in the form of a lease or other
wise, shall be in writing, and a copy thereof shall be furnished the vendee by the vendor at the time of such sale; and all payments made by or in behalf of the vendee, and all charges whether in the nature of interest or otherwise as they accrue, shall be indorsed by the vendor or his agent upon such copy if the vendee so requests. If the vendor fails to comply with any of the provisions of this section through negligence, his rights under such contract shall be suspended while such default continues; and if he refuses, or wilfully or fraudu lently fails to comply with any of such provisions he shall be deemed to have waived the condition of such sale.
SECTION 2. The vendor upon taking possession of such furniture or effects for noncompliance with the terms of such contract of sale, shall furnish the vendee or other person in charge of such furniture or effects an itemized statement of the account showing the amount then due thereon; and the fifteen days provided by section thirteen of chapter one hundred and ninety-two of the public statutes during which the vendee shall have the right to redeem the furniture or household effects so taken shall not begin to run until such statement is furnished: Provided, The vendee or other person in charge can be found by the vendor by the exercise of reasonable care and diligence.
ACTS OF 1886,
CHAPTER 87.-Payment of wages.
SECTION 1, (as amended by chapter 399, acts of 1887). Every manufacturing, mining or quarrying, mercantile, railroad, street railway, telegraph and telephone corporation, every incorporated express company and water company shall pay weekly each and every employee engaged in its business the wages earned by such employee to within six days of the date of said - payment; and every incorporated city shall so pay every employee engaged in its business, unless such employee shall request in writing to be paid in some different manner; and every municipal corporation not a city, and every incorporated county shall so pay every employee engaged in its business, if so required by him: Provided, however, That if at any time of payment any employee shall be absent from his regular place of labor he shall be entitled to said payment at any time thereafter upon demand. The provisions of this section shall not apply to any employee of a cooperative corporation or association who is a stockholder therein, unless such employee shall request such corporation to pay him weekly: And provided, also, That the railroad commissioners, after a hearing, may exempt any railroad corporation from paying weekly any of its employees who, in the opinion of the commissioners, prefer less frequent payments, and when in their opinion the interests of the public and such employees will not be injured thereby.
SECTION 2, (as amended by chapter 399, acts of 1887). Any corporation violating any of the provisions of this act shall be punished by a fine not exceeding fifty and not less than ten dollars on each complaint under which it is convicted: Provided, Complaint for such violation is made within thirty days from the date thereof. The chief of the district police, or any state inspector of factories and public buildings, may bring a complaint against any corporation which neglects to comply with the provisions of this act for a period of two weeks after having been notified in writing by such chief or inspector that such complaint will be brought. On the trial of such complaint such corporation shall not be allowed to set up any defence for a failure to pay weekly any employee engaged in its business the wages earned by such employee to within six days of the date of said payment, other than the attachment of such wages by the trustee process, or a valid assignment thereof, or a valid set-off against the same, or the absence of such employee from his regular place of labor at the time of payment, or an actual tender to such employee at the time of payment of the wages so earned by him. No assignment of future wages payable weekly under the provisions of this act shall be valid if made to the corporation from whom such wages are to become due, or to any person on behalf of such corporation, or if made or procured to be made to any person for the purpose of relieving such corporation from the obligation to pay weekly under the provisions of this act.
SECTION 3. When a corporation against which a complaint is made under this act fails to appear after being duly served with process, its default shall be recorded, the allegations in the complaint taken to be true, and judgment shall be rendered accordingly.
SECTION 4. When judgment is rendered upon any such complaint against a corporation, the court may issue a warrant of distress to compel the payment of the penalty prescribed by law, together with costs and interest.
CHAPTER 120.-Railroads-Blocking of frogs, switches and guard rails.
SECTION 1. Every railroad corporation, operating a railroad or part of a railroad in this commonwealth, shall before the first day of January in the year eighteen hundred and eighty-seven, adjust, fill or block the frogs, switches and guard rails on its track, with the exception of guard rails on bridges, so as to prevent the feet of its employees from being caught therein. The work shall be done to the satisfaction of the railroad commissioners evidenced by the certilicate of their clerk.
SECTION 2. Any railroad corporation failing to comply with the provisions of this act shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars.
CHAPTER 173.-Factories and workshops.
SECTION 1, (as amended by chapter 179, acts of 1890). In every manufacturing establishment where the machinery used is propelled by steam, communication shall be provided between each room where such machinery is placed and the room where the engineer is stationed, by means of speaking tubes, electric bells, or appliances that may control the motive power, or such other means as shall be satisfactory to the inspectors of factories: Provided, That in the opinion of the inspectors such communication is necessary.
SECTION 2. The inspectors of factories shall enforce the provisions of this act, and any person, firm or corporation being the occupant of any manufacturing establishment or controlling the use of any building or room where machinery propelled by steam is used, violating the provisions of this act shall forfeit to the use of the commonwealth not less than twenty-five nor more than one hundred dollars; but no prosecution shall be made for such violation until four weeks after notice in writing by an inspector has been sent by mail to such person, firm or corporation of any changes necessary to be made to comply with the provisions of this act, nor then if in the meantime such changes have been made in accordance with such notification.
CHAPTER 174.-Collection of statistics of manufactures.
SECTION 1. It shall be the duty of the bureau of statistics of labor, annually, on or before the fifteenth day of December, to transmit by mail to the owner, operator or manager of every manufacturing establishment in the commonwealth, a schedule embodying inquiries as to
(1) Name of the individual, firm or corporation.
(2) Kind of goods manufactured or business done.
(3) Number of partners or stockholders.
(4) Capital invested.
(5) Principal stock or raw material used, and total value thereof.
(6) Gross quantity and value of articles manufactured.
(7) Average number of persons employed, distinguishing as to sex, and whether adults or children.
(8) Smallest number of persons employed, and the month in which such number was employed.
(9) Largest number of persons employed, and the month in which such number was employed.
(10) Total wages, not including salaries of managers, paid during the year, distinguishing as to sex, adults and children.
(11) Proportion that the business of the year bore to the greatest capacity for production of the establishment.
(12) Number of weeks in operation during the year, partial time being reduced to full time.
SECTION 2. It shall be the duty of every owner, operator or manager of every establishment engaged in manufacturing and receiving the foregoing schedule. to answer the inquiries borne thereon for the year ending the thirty-first day of December, or for the last financial year of the establishment. and return said schedule to said bureau, with the answers therein certified as to their accuracy, on or before the twentieth day of January following the receipt of such schedule. SECTION 3. The said bureau, annually, after it shall have gathered the facts as called for in the previous sections, shall cause to be prepared and printed true abstracts of the same, with proper and comparative analyses thereof and report