Violations.

New numbering.

of the cities and towns by the attorney-general, and shall be substantially as follows:

AGE AND SCHOOLING CERTIFICATE, REVISED STATUTES, C. 40, SEC. 53.

This certifies that I am the, [father, mother, guardian or custodian,] of, [name of child], and that he was born at, [name of city or town], in the state, or county, of on the day of and that at, his or her, last birthday he was

in the year

years old.

(City or town and date.)

(Signature of parent, guardian or custodian.)

Then personally appeared before me the above named, [name of person signing], and having produced for my inspection the [record passport] of said child, made oath that the foregoing certificate by [him or her], signed is true to the best of [his or her], knowledge and belief. Having no sufficient reason to doubt that he is of the age therein certified, I hereby approve the foregoing certificate of [name of child]; whose signature, written in my presence, appears below; whose height is feet and inches; complexion is [fair or dark]; hair is [color]. I hereby certify that he has satisfactorily demonstrated, his or her], ability to read at sight and to write legible simple sentences in the English language, and to employ the fundamental principles of arithmetic, according to the test supplied by the local superintendent of public schools; that he has presented us a certificate to that effect signed by the principal a teacher of some public school in said town, or that he has presented a certificate signed by the principal of an evening school in said town to the effect that he, said child is a regular attendant in said evening school.

This certificate belongs to, [name of child], and is to be surrendered to, [him or her], whenever he leaves the service of the employer holding the same, but if not claimed by said minor within thirty days from the time when he leaves such employment, it shall be returned to the superintendent of schools, or to the person by whom it is issued.

Signature of child.

(City or town and date.)

(Signature of person authorized to issue and approve, with official character or authority.)

Whoever, being authorized to sign the foregoing age and schooling certificate, or whoever signing any certified copy of a town clerk's record of births, or certified copy of a child's baptismal record, shall knowingly certify to any false statement therein, and any parent or guardian who presents, or who permits or allows any child under his control to present, to any employer, owner, superintendent, overseer or agent as required under section fiftythree, any certified copy of birth or baptismal record, or passport. or age and schooling certificate containing any false statements as to the date of birth or age of such child, knowing them to be false, shall be punished by a fine of not less than twenty-five dollars nor more than fifty dollars for each offense.

SEC. 7. Sections fifty-seven, fifty-eight, fifty-nine, sixty, sixty-one and sixty-two of said chapter forty of the Revised Statutes are hereby renumbered respectively as sections fifty-eight, fifty-nine, sixty, sixty-one, sixty-two and sixty-three, so that said section fifty-seven shall hereafter be numbered section fifty-eight; said section fifty-eight shall hereafter be numbered section fifty-nine; said section fifty-nine shall hereafter be numbered section sixty; section sixty shall hereafter be numbered section sixty-one; section sixty-one shall hereafter be numbered section sixty-two; and section sixty-two shall hereafter be numbered section sixty-three; and said chapter forty is further amended by inserting as section fiftyseven the following:

Section 57. Nothing in the nine preceding sections shall apply to any manufacturing establishment or business, the materials and products of which are perishable and require immediate labor thereon, to prevent decay thereof or damage thereto: Provided, however, The employment of children therein shall be under the supervision of said inspector who shall on complaint investigate the sanitary conditions, hours of labor and other conditions detrimental to children, and if in his judgment he finds detrimental conditions to exist, he may in conjunction with the municipal officers of the town or city in which the complaint is made, prohibit the employment of children therein until such conditions are removed.

Approved April 2, 1909.

CHAPTER 258.-Liability of employers for injuries to employees.

Exemptions.

Proviso.

SECTION 1. If personal injury is caused to an employee, who, Injury caused at the time of the injury, is in the exercise of due care, by byreason of:

First, a defect in the condition of the ways, works or machinery connected with or used in the business of the employer, which arose from, or had not been discovered or remedied in consequence of, the negligence of the employer or of a person in his service who had been entrusted by him with the duty of seeing that the ways, works or machinery were in proper condition; or,

Defects;

Negligence of superintend

Second, that the negligence of a person in the service of the employer who was entrusted with and was exercising superin- ent; tendence and whose sole or principal duty was that of superintendence, or in the absence of such superintendent, of a person acting as superintendent with the authority or consent of such employer.

Person in

charge of rail

Third, the negligence of a person in the service of the employer who was in charge or control of a signal, switch, locomotive engine road signal, or train upon a railroad;

etc.

The employee or his legal representatives, shall subject to the Status of emprovisions of the eight following sections, have the same rights ployee. to compensation and of action against the employer as if he had not been an employee, nor in the service, nor engaged in the work, of the employer.

A car which is in use by, or which is in possession of, a railroad corporation shall be considered as a part of the ways, works or machinery of the corporation which uses or has it in possession, within the meaning of clause one of this section, whether it is owned by such corporation or by some other company or person. One or more cars which are in motion, whether attached to an engine or not, shall constitute a train within the meaning of clause three of this section, and whoever, as a part of his duty for the time being, physically controls or directs the movements of a signal, switch, locomotive engine or train shall be deemed to be a person in charge or control of a signal, switch, locomotive engine or train within the meaning of said clause.

Definitions.

death.

SEC. 2. If the injury described in the preceding section results Action for in the death of the employee, and such death is not instantaneous injury and or is preceded by conscious suffering, and if there is any person who would have been entitled to bring an action under the provisions of the following section, the legal representatives of said employee may, in the action brought under the provisions of the preceding section, recover damages for the death in addition to those for the injury.

Action for

SEC. 3. If, as the result of the negligence of an employer himself, or of a person for whose negligence an employer is Hiable death. under the provisions of section one, an employee is instantly killed, or dies without conscious suffering, his widow or, if he leaves no widow, his next of kin, who, at the time of his death, were dependent upon his wages for support, shall have a right of action for damages against the employer.

Degree of

sidered.

Limit of

SEC. 4. If, under the provisions of either of the two preceding negligence con- sections, damages are awarded for the death, they shall be assessed with reference to the degree of culpability of the employer or of the person for whose negligence the employer is liable. The amount of damages which may be awarded in an action damages for under the provisions of section one for a personal injury to an employee, in which no damages for his death are awarded under the provisions of section two, shall not exceed four thousand dollars.

death.

For injury and death.

Notice.

The amount of damages which may be awarded in such action, if damages for his death are awarded under the provisions of section two, shall not exceed five thousand dollars for both the injury and the death, and shall be apportioned by the jury between the legal representatives of the employee and the persons who would have been entitled, under the provisions of section three, to bring an action for his death if it had been instantaneous or without conscious suffering.

The amount of damages which may be awarded in an action brought under the provisions of section three shall not be less than five hundred nor more than five thousand dollars.

SEC. 5. No action for the recovery of damages for injury or death under the provisions of sections one to four, inclusive shall be maintained unless notice of the time, place or cause of the Limitation. injury is given to the employer within sixty days and the action is commenced within one year after the accident which causes the injury or death. Such notice shall be in writing, signed by the person injured, or by a person in his behalf; but if from physical or mental incapacity it is impossible for the person injured to give the notice within the time provided in this section, he may give it within ten days after such incapacity has been removed, and if he dies without having given the notice and without having been for ten days at any time after his injury of sufficient capacity to give it, his executor or administrator may give such notice within sixty days after his appointment. A notice given under the provisions of this section shall not be held invalid or insufficient solely by reason of an inaccuracy in stating the time, place or cause of the injury, if it is shown that there was no intention to mislead, and that the employer was not in fact misled thereby.

Employees of contractors and

If a notice given under this section is claimed by the employer to be insufficient for any reason he shall so notify in writing the person giving it within ten days, stating the insufficiency claimed to exist, and thereupon the person whose duty is to give the notice may, within thirty days, give a new notice with the same effect as if originally given.

SEC. 6. If any employer enters into a contract, written or verbal, subcontractors. with an independent contractor to do part of such employer's work, or if such contractor enters into a contract with a subcontractor to do all or any part of the work comprised in such contractor's contract with the employer, such contract or subcontract shall not bar the liability of the employer for injuries to the employees of such contractor or subcontractor, caused by any defect in the condition of the ways, works, machinery or plant, if they are the property of the employer or are furnished by him, and if such defect arose, or had not been discovered or remedied, through the negligence of the employer or of some person entrusted by him with the duty of seeing that they were in proper condition.

when.

Employee can SEC. 7. An employee or his legal representatives shall not be not recover, entitled under the provisions of sections one to four, inclusive, to any right of action for damages against his employer if such employee knew of the defect or negligence which caused the injury, and failed within a reasonable time to give, or cause to be given, information thereof to the employer, or to some person superior to himself in the service of the employer who was entrusted with general superintendence.

Exemptions.

SEC. 8. The provisions of the seven preceding sections shall not apply to injuries caused to domestic servants or farm laborers by

fellow-employees, or to those engaged in cutting, hauling or driving logs.

Common-law

SEC. 9. Nothing in this act shall be construed to abridge any common law rights or remedies which the employee may have rights. against his employer, but a judgment recovered under the provisions of this act, or a settlement of any action commenced or claim made for death or injury, under the provisions of this act, shall be a bar to any claim made or action begun to recover for the same injury or the same death, under the provisions of the common law or under the provisions of any other statute. Approved April 2, 1909.

MARYLAND.

ACTS OF 1908.

CHAPTER 724.-Railroads-Crews for freight trains.

(Page 71.)

SECTION 1. Article 23 of the Code of Public General Laws of Maryland of 1904, is hereby amended by adding thereto certain sections to follow section 300 of said article, to be known as sections 300k, 3001, 300m, 300n and 300p.

Full crew re

Section 300k. It shall be unlawful for any railroad company doing business in the State of Maryland or any receiver of such quired. railroad company to run or operate over its road or any part of its road, or suffer or permit to be run or operated over its road or any part of its road, any freight train consisting of thirty or more freight or other cars, exclusive of caboose and locomotive, with less than a full train crew, consisting of six persons, to wit: One engineer, one fireman, one conductor, one flagman and two brake

men.

Sec. 3001. Any such railroad company or any such receiver violating any of the provisions of sections [sic] 300k of this act shall be liable to a penalty of five hundred dollars for each and every such violation, to be recovered in a civil suit or suits to be brought by the attorney-general of the State of Maryland in the name of this State; and it shall be the duty of such attorneygeneral without further authorization to bring such suit or suits upon duly verified information being presented to or lodged with him of such violation having occurred, and the affidavits of at least two citizens of the State of Maryland that such violation has occurred shall be taken and deemed to be duly verified information for the purposes of this act.

Sec. 300m. It shall be the duty of the attorney-general of the State of Maryland to enforce the provisions of sections 300k and 3001 of this act, and all powers granted to the said attorneygeneral for the enforcement of any other act or acts are hereby granted to him for the purpose of the enforcement of said provisions of this act.

Violations.

Enforcement.

Assumpti o n

Sec. 300n. Any employee of such railroad company or of any such receiver who may be killed or injured by any train which of risks. was run or operated contrary to the provisions of section 300k of this act, or who may be k(i)lled or injured as a result of any act of any person employed contrary to the provisions of section 300k of this act shall not be deemed thereby to have assumed the risk thereby occasioned, although continuing in the employment of such railroad company or of such receiver, after the unlawful running or operating of such train or the unlawful employment of such person has been brought to his knowledge; nor shall any such employee be held to have contributed to his death or injury in any case where such railroad company or such receiver shall have violated any of the provisions of section 300k of this act when such violation contributed to the deaths [sic] or injury of such

20092-No. 85-10-11

Contributory negligence.

employee, and all questions of negligence, or either or both, [sic] arising in cases brought under or by virtue of said section of this act shall be for the jury.

Sec. 300p. The invalidity of any portion of this act shall not affect the validity of any portion thereof which can be given effect without such invalid part.

Approved April 8, 1908.

CHAPTER 85.-Employment of labor on public works—Baltimore.

(Page 613.)

SECTION 1. The act of 1898, chapter 458, of the Code of Public Local Laws, relating to the hours of labor of mechanics and laborers upon city work, is hereby repealed and reenacted to read as follows:

Section 2. Eight hours shall constitute a day's work for all laborers, workmen or mechanics, who may be employed by or on behalf of the mayor and city council of Baltimore, except in cases of extraordinary emergency, which may arise in time of war or in cases where it may be necessary to work more than eight hours per calendar day, for the protection of property or human life: Provided, That in all such cases the laborer, workman or mechanic so employed and working to exceed eight hours per calendar day shall be paid on the basis of eight hours constituting a day's work: Provided further, That not less than the current rate of per diem wages in the locality where the work is performed shall be paid to laborers, workmen and mechanics so employed by or on behalf of the mayor and city council of Baltimore; and laborers, workmen or mechanics employed by contractors or subcontractors in the execution of any contract or contracts within the city of Baltimore on any public work, shall be deemed to be employed by or on behalf of the mayor and city council of Baltimore.

Sec. 3. All contracts hereafter made by or on behalf of the mayor and city council of Baltimore with any person or persons or corporation, for the performance of any work with the city of Baltimore, shall be deemed and considered as made upon the basis of eight hours constituting a day's work, and it shall be unlawful for any such person or persons, or corporation to require or permit any laborer, workman or mechanic to work more than eight hours per calendar day in doing such work, except in the cases and upon the conditions provided in section 2 of this act.

Sec. 4. Any officer of the mayor and city council of Baltimore, or any person acting under or for such officer, or any contractor or subcontractor or other person acting for them, violating any of the provisions of this act, shall for each and every offense be fined not less than ten dollars nor more than fifty dollars to be collected as other fines are collected by law.

Sec. 5. The provisions of this act shall not apply to the em ployees of the fire department, Bay View Asylum or the Baltimore City Jail.

Approved March 12, 1908.

MASSACHUSETTS.

ACTS OF 1908.

Occupations

permitted.

CHAPTER 273.—Sunday labor.

SECTION 1. Section three of chapter ninety-eight of the Revised Laws, as amended by chapter four hundred and fourteen of the acts of the year nineteen hundred and two, and by chapter one hundred and twenty-six of the acts of the year nineteen hundred and eight, is hereby further amended

Approved March 25, 1908.

*

*