« ForrigeFortsett »
may be employed by any co-operating factory, manufacturing, mechanical or mercantile establishment or workshop upon securing from the superintendent of schools a special certificate covering this type of employment. On termination of the employment of a child whose employment certificate is on file, said certificate shall be returned by the employer within two days after said termination to the office of the superintendent of schools from which it was issued. [Acts, 1909, c. 514, § 57, as am. by Acts, 1913, c. 779, § 15, and by Gen. Acts, 1916, c. 95, § 2.]
417. School records.
The school record required by [Acts, 1913, c. 779, § 16, see paragraph 413] shall be filled out and signed by the principal or teacher in charge of the school which the child last attended and shall be furnished only to a child who, after due examination and investigation, is found to be entitled thereto. Said school record shall state the grade last completed by such child and the studies pursued in completion thereof. It shall state the number of weeks during which such child has attended school during the twelve months next preceding the time of application for said school record. It shall also give the name, date of birth, and the residence of the child as shown on the records of the school and the name of the parent, guardian or custodian. In case it is found to be impossible to obtain said school record from the principal or teacher in charge of the school which such child last attended, the requirement of a school record may be waived. No such school record shall be issued or accepted and no employment certificate shall be granted unless the child possesses the educational qualifications enumerated in R. L., c. 44, § 1, as amended by [Acts, 1913, c. 779, § 1]: provided, however, that children who are over fourteen but under sixteen years of age and who do not possess such ability to read, write and spell in the English language as is required for the completion of the fourth grade of the public schools of the city or town in which they reside may be granted an employment certificate good for the summer vacation, subject to all other provisions relating to the employment of children between fourteen and sixteen years of age. No such school record shall be issued or accepted unless the child has regularly attended the public schools or other lawfully approved schools for not less than one hundred and thirty days after becoming thirteen years of age: provided, however, that the school record may be accepted in the case of a person who has been an attendant at a public day school or other lawfully approved school for a period of not less than seven years, if in the opinion of said superintendent such person is mentally incapable of acquiring the educational qualifications herein prescribed; and provided, further, that the superintendent of schools shall have authority to suspend this requirement in any case when, in his opinion, the interests of the child will best be served by such suspension. [Acts, 1909, c. 514, § 59, as am. by Acts, 1913, c. 779, § 17, Acts, 1914, c. 580, and by Gen. Acts, 1916, c. 66.]
418. Educational certificates for minors between 16 and 21 years of age. No child who is over sixteen and under twenty-one years of age shall be employed in a factory, workshop, manufacturing, mechanical or mercantile establishment, except as provided for pupils in co-operative courses, approved as such by the board of education and conducted in public schools, unless his employer procures and keeps on file an educational certificate showing the age of the child and his ability or inability to read and write as hereinafter provided. Such certificates shall be issued by the person authorized by this act to issue employment certificates. . . . [Acts, 1909, c. 514, § 66, as am. by Acts, 1913, c. 779, § 23, and by Gen. Acts, 1916, c. 95, § 3.]
437. Regulating bootblacking and other street trades. Repealed by Gen.
Acts, 1916, c. 242, § 4. Re-enacted in new form as follows: The mayor and aldermen or selectmen may make regulations consistent with the general laws relative to the exercise of the trade of boot-blacking by minors, and to the sale or barter by minors of any goods, wares or merchandise the sale of which is permitted by section fifteen, and may prohibit such sales or such trade, or may require a minor to obtain from them a permit therefor to be issued on terms and conditions prescribed in such regulations: provided, that in the case of persons under the age of sixteen years in the cities of the commonwealth the foregoing powers shall be vested in and exercised by the school committee. No badge or permit issued to a minor under the provisions of this section, or of Acts, 1913, c. 831, §§ 11-15 inclusive shall authorize the sale by a minor of any article other than those enumerated in R. L., c. 65, § 15. A minor who sells such articles or exercises such trade without a permit, if one is required, or who violates the conditions of his permit or any provision of said regulations shall be punished by a fine of not more than ten dollars for each offence. Any person who, having a minor under his control, knowingly permits him to violate any provision of this act, and any person who procures or employs a minor to violate any provision of this act, and any person who either for himself or as agent of any other person or of any corporation knowingly furnishes or sells to any minor any of the articles aforesaid with knowledge that the minor intends to sell said articles in violation of the provisions of this act, after having received written notice from the school committee that the minor is not authorized to sell said articles, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months. [Gen. Acts, 1916, c. 242, § 4.]
449. Regulation of sales by minors. Repealed by Gen. Acts, 1916, c. 242, § 5. Re-enacted in new form as follows: A parent or other person who employs a minor in peddling without a permit or license, if one is required, or who, having the care or custody of a minor, permits him to engage in such employment, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months. [Gen. Acts, 1916, c. 242, § 5.]
WAGES AND HOURS FOR WOMEN AND CHILDREN.
462. Hours of labor, women, and minors under 18 years of age.1- No child under eighteen years of age and no woman shall be employed in laboring in any factory or workshop, or in any manufacturing, mercantile, mechanical establishment, telegraph office or telephone exchange, or by any express or transportation company, more than ten hours in any one day; and in no case shall the hours of labor exceed fifty-four in a week except that in manufacturing establishments where the employment is by seasons, and the state board of labor and industries shall determine what employments are seasonal, the number of such hours in any week may exceed fifty-four, but not fiftyeight, provided that the total number of such hours in any year shall not exceed an average of fifty-four hours a week for the whole year, excluding Sundays and holidays; and if any child or woman shall be employed in more than one such place the total number of hours of such employment shall not exceed fifty-four hours in any one week. [Acts, 1909, c. 514, §§ 47, 48, as last am. by Acts, 1913, c. 758, and by Gen. Acts, 1916, c. 222.]
1 For a resolve relative to an investigation by the State Board of Labor and Industries of the hours and conditions of labor of employees in hotels and restaurants, see under Miscellaneous, paragraph 1420.
497. Weekly payment of wages. - Every person, firm or corporation engaged in carrying on a hotel in a city, or a factory, workshop, manufacturing, mechanical or mercantile establishment, mine, quarry, railroad or street railway, or a telephone, telegraph, express or water company, or in the erection, alteration, repair or removal of any building or structure, or the construction or repair of any railroad, street railway, road, bridge, sewer, gas, water or electric light works, pipes or lines, shall pay weekly each employee engaged in his or its business the wages earned by him to within six days of the date of said payment, but any employee leaving his or her employment, shall be paid in full on the following regular pay day; and any employee discharged from such employment shall be paid in full on the day of his discharge, or in the city of Boston as soon as the provisions of law requiring pay rolls, bills and accounts to be certified shall have been complied with; and the commonwealth, its officers, boards and commissions shall so pay every mechanic, workman and laborer who is employed by it or them, and every person employed by it or them in any penal or charitable institution, and every county and city shall so pay every employee who is engaged in its business the wages or salary earned by him, unless such mechanic, workman, laborer or employee requests in writing to be paid in a different manner; and every town shall so pay each employee in its business if so required by him; but an employee who is absent from his regular place of labor at a time fixed for payment shall be paid thereafter on demand. . . . [Acts, 1909, c. 514, § 112, as last am. by Gen. Acts, 1915, c. 75, and by Gen. Acts, 1916, c. 229.]
499. Prosecution for violations of the law relative to weekly payment of wages. - The state board of labor and industries may make a complaint against any person for a violation of the provisions of [Acts, 1909, c. 514, § 112]. Complaints for such violation shall be made within three months after the date thereof, and, on the trial, no defence for failure to pay as required, 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 the 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, shall be valid. The defendant shall not set up as a defence a payment of wages after the bringing of the complaint. An assignment of future wages which are payable weekly under the provisions of this act shall not be valid if made to the person from whom such wages are to become due or to any person on his behalf or if made or procured to be made to another person for the purpose of relieving the employer from the obligation to pay weekly. The word "person" in this section shall include the corporations, contractors, persons and partnerships described in [Acts, 1909, c. 514, § 112]. [Acts, 1909, c. 514, § 113, as am. by Gen. Acts, 1916, c. 14.]
512. Assignment of wages. The provisions of this act [Gen. Acts, 1916, c. 208, see the two following paragraphs] shall not be construed to repeal or affect the provisions of [Acts, 1912, c. 675, § 6]. [Gen. Acts, 1916, c. 208, § 3.]
512A. Assignment of wages. - No assignment of future wages shall be valid for a period exceeding two years from the date thereof, nor unless made to secure a debt contracted prior to or simultaneously with the execution of said assignment, nor
unless executed in writing in the standard form herein set forth and signed by the assignor in person and not by attorney, nor unless such assignment states the date of its execution, the money or the money value of goods actually furnished by the assignee and the rate of interest, if any, to be paid thereon. Three fourths of the weekly earnings or wages of the assignor shall at all times be exempt from assignment, and no assignment shall be valid which does not so state on its face. No such assignment shall be valid when made by a married man unless the written consent of his wife to the making thereof is attached thereto. [Acts, 1909, c. 514, § 121, as am. by Gen. Acts, 1916, c. 208, § 1.]
514. Standard form of assignment. Said standard form of assignment shall be as follows:
the receipt whereof I do hereby acknowledge, do hereby assign and transfer to said all claims and demands, not exempt by law, [which I now have, and all] which within a period of from the date hereof I may and shall have against my present employer, and against any person whose employ I shall hereafter enter, [for all sums of money due and] for all sums of money and demands which, at any time within said period may and shall become due to me, for services as To have and to hold the same to the said his executors, administrators and assigns, to secure a debt
by the assignee amounting to
dollars [with interest thereon from
(2) Contracted prior to the execution of this assignment. [or contracted simultaneously with the execution of this assignment.]
(3) Three fourths of the weekly earnings or wages, which are dollars, are exempt from this assignment.
IN WITNESS WHEREOF, I have set my hand this Signed and delivered, in presence of and entered in records of assignment of wages in clerk's office of the
[Acts, 1909, c. 514, § 124, as am. by Gen. Acts, 1916, c. 208, § 2.]
LIENS FOR LABOR.
517-552. Liens acquired under these sections protected. — (a) Enforcement of liens under these sections provided for. — Any person who, prior to January first, nineteen hundred and sixteen, had acquired a lien or the right to enforce a lien in accordance with the provisions of R. L., c. 197, and acts in amendment thereof, may enforce the same in the same manner as though Gen. Acts, 1915, c. 292, had not been enacted; and the provisions of said chapter one hundred and ninety-seven and acts in amendment thereof that may be applicable thereto are hereby re-enacted so far as is necessary for the aforesaid purpose. [Gen. Acts, 1916, c. 163, § 1.]
(b) Transfer of actions in conformance with the new law of 1916 provided for. If an action or other proceeding to enforce such a lien has been brought in the superior court which ought to have been brought in a police, district or municipal court or before a trial justice, or if such action or proceeding has been brought in a police, district or municipal court or before a trial justice, which ought to have been brought in the superior court, if the error is discovered at any stage of the proceedings the court may, upon motion of any party thereto, order the action or proceeding, with all the
papers relating thereto, to be transferred to the proper court upon terms to the defendant; and it shall thereupon be entered and prosecuted as if it had been brought therein, and all prior proceedings otherwise regularly taken shall thereafter be valid. [Gen. Acts, 1916, c. 163, § 2.]
517B. Written contracts to be recorded. A person who enters into a written contract with the owner of land for the whole or any part of the erection, alteration, repair or removal of a building or structure upon land, or for furnishing material therefor, shall have a lien upon said building or structure and upon the interest of the owner in said lot of land as appears of record at the date when notice of said contract is filed or recorded in the registry of deeds for the county or district wherein such land lies, to secure the payment of all labor and material which shall thereafter be furnished by virtue of said contract. Said notice may be filed or recorded by any person entitled under the provisions of this act to enforce a lien and shall be in substantially the following form:
Notice is hereby given that by virtue of a written contract, dated
contractor, said contractor is to furnish labor and material for the erection, alteration, repair or removal of a building on a lot of land described as follows:
Said contract is to be completed on or 191.
A notice of any extension of such contract, stating the date to which it is extended, shall also be filed or recorded in the registry prior to the date stated in the notice of a contract for the completion thereof, and may be filed by any party entitled to file the original notice.
Such notices, and all other instruments hereinafter required to be filed or recorded in the registry of deeds, affecting registered land shall be filed and registered in the manner prescribed by section seventy of chapter one hundred and twenty-eight of the Revised Laws and acts in amendment thereof and in addition thereto. Such notices, and all other instruments hereinafter required to be filed or recorded in the registry of deeds, affecting unregistered land shall be indexed in a separate book to be kept for that purpose. [Gen. Acts, 1915, c. 292, § 2, as am. by Gen. Acts, 1916, c. 306, § 1.]
517C. Notices. If the notice aforesaid [see paragraph 517B] shall have been filed or recorded in the registry of deeds, as hereinbefore provided, any person who shall, subsequent to the date of filing or recording notice of said contract, furnish labor or material, or perform labor, under a contract with a contractor or with any sub-contractor of said contractor shall be entitled to enforce a lien on the premises therein described for any labor performed, or labor or material furnished, subsequent to the filing or recording of said notice and prior to the date of the termination of said contract as stated in said notice or notices. [Gen. Acts, 1915, c. 292, § 3, as am. by Gen. Acts, 1916, c. 306, § 2.]
521. Lien invalid against prior mortgage. No lien, except under the provisions of section one, shall avail as against a mortgage actually existing and duly registered or recorded prior to the filing or recording in the registry of deeds of the notice required by the provisions of this act, and no lien under section one shall avail as against such a mortgage unless the work or labor performed is in the erection, alter