Sidebilder
PDF
ePub

birth or other evidence of the age of such person, and whoever presents or assists in presenting a forged certificate or evidence of birth to the superintendent of schools or to a person authorized by law to issue certificates, for the purpose of fraudulently obtaining the employment certificate required by this act, shall be punished by a fine of not less than ten nor more than five hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. Whoever, being authorized to sign an employment certificate, knowingly certifies to any materially false statement therein shall be punished by a fine of not less than ten nor more than two hundred dollars. Whoever, without authority, alters an employment certificate after the same is issued shall be punished by a fine of ten dollars.

Acts of 1909, Chapter 514, Section 76.

Public Exhibition of Children. No person shall employ, exhibit or sell, apprentice or give away, a child under fifteen years of age for the purpose of employing or exhibiting him in dancing on the stage, playing on musical instruments, singing, walking on a wire or rope, or riding or performing as a gymnast, contortionist or acrobat in a circus, theatrical exhibition or in any public place, or cause, procure or encourage such child to engage therein; but the provisions of this section shall not prevent the education of children in vocal and instrumental music or dancing or their employment as musicians in a church, chapel, school or school exhibition, or prevent their taking part in any festival, concert or musical exhibition upon the special written permission of the mayor and aldermen of a city or of the selectmen of a town. Whoever violates the provisions of this section shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months.

MISCELLANEOUS.

Acts of 1909, Chapter 514, Section 73.

Children forbidden to clean Machinery in Motion.Whoever, either for himself or as superintendent, overseer or agent permits a child under fourteen years of age to clean any

part of the machinery in a factory, if it is in motion by the aid of steam, water or other mechanical power, or if it is in dangerous proximity to such moving part, shall be punished by a fine of not less than fifty nor more than one hundred dollars for each offence.

Acts of 1909, Chapter 514, Section 77.

A license shall not be granted for a theatrical exhibition or public show in which children under fifteen years of age are employed as acrobats or contortionists or in any feats of gymnastics or equestrianism, or in which such children who belong to the public schools are employed or allowed to take part as performers on the stage in any capacity, or if, in the opinion of the board authorized to grant licenses, such children are employed in such a manner as to corrupt their morals or impair their health; but the provisions of this section shall not prevent the granting of special permission authorized by the preceding section.

Seats for Children. (See Women and Minors, page 49.) Meal Hours for Young Persons. (See Women and Minors, page 49.)

Duties of Inspectors regarding Health of Minors. (See Health, Inspection, page 60.)

WOMEN AND MINORS.

APPRENTICESHIP.

Revised Laws, Chapter 155.

Male and Female Minors as Apprentices or Servants. SECTION 1. A child under the age of fourteen years may be bound as an apprentice or servant until that age; and a minor above said age may be bound as an apprentice or servant, a female to the age of eighteen years or to the time of her marriage within that age, and a male to the age of twenty-one years.

SECTION 2. A child under the age of fourteen years may be bound by the father, or, in case of his death or incompetency, by the mother or legal guardian. If illegitimate, he or she may be bound by the mother during the lifetime of the putative father as well as after his decease. If such children have no parent competent to act and no guardian, they may, with the approval of the selectmen of the town in which they reside, bind themselves. The power of a mother to bind her children shall cease upon her subsequent marriage and shall not be exercised by herself or by her husband during the continuance of such marriage.

SECTION 3. A minor above the age of fourteen years may be bound in the same manner, but, if bound by his parent or guardian, the indenture shall recite his consent and shall be signed by him.

Certain Minors may be bound by Overseers of Poor. SECTION 4. A minor child who is, or either of whose parents is, chargeable to a town as having a lawful settlement therein or supported there at the expense of the commonwealth may, whether under or above the age of fourteen years, be so bound by the overseers of the poor, a female to the age of eighteen years or to the time of her marriage within that age, and a male to the age of twenty-one years; and provision shall be made in the contract for teaching such minor reading, writing and arithmetic, and for such other instruction, benefit and allowance, either within or at the end of the term, as the overseers may require. Indenture to be made. SECTION 5. A minor shall not be bound as an apprentice or servant except by an indenture of

two parts sealed and delivered by both parties; and if a minor is bound with the approval of the selectmen, they shall certify such approval in writing upon each part of the indenture.

SECTION 6. One part of the indenture shall be kept for the use of the minor by the parent or guardian who executes it, and, if made with the approval of the selectmen or by the overseers of the poor, shall be deposited with the town clerk for the use of the minor.

Discharge of Apprentice by Death of Master or Mistress. SECTION 18. No indenture of apprenticeship or of service made in pursuance of this chapter shall bind the minor after the death of his master, but the apprenticeship or service shall be thereby discharged, and the minor may be bound out anew.

SECTION 19. The foregoing provisions of this chapter shall apply as well to mistresses as to masters.

EMPLOYMENT.

Acts of 1909, Chapter 514, Section 48, amended by Acts of 1911, Chapter 484; Acts of 1912, Chapter 477; Acts of 1913, Chapter 758; Acts of 1915, Chapter 57 (General). Hours of Labor, Time Notices, etc. - 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, the number of such hours in any week may exceed fifty-four, but not fifty-eight, 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. Every employer, except those employers hereinafter designated, shall post in a conspicuous place in every room in which such persons are employed a printed notice stating the number of hours' work required of them on each day of the week, the hours of beginning and stopping work, and the hours when the time

allowed for meals begins and ends or, in the case of mercantile establishments and of establishments exempted from the provisions of sections sixty-seven and sixty-eight, the time, if any, allowed for meals. The printed forms of such notices shall be provided by the state board of labor and industries, after approval by the attorney-general. The employment of any such person at any time other than as stated in said printed notice shall be deemed a violation of the provisions of this section unless it appears that such employment was to make up time lost on a previous day of the same week in consequence of the stopping of machinery upon which such person was employed or dependent for employment; but no stopping of machinery for less than thirty consecutive minutes shall justify such overtime employment, nor shall such overtime employment be authorized until a written report of the day and hour of its occurrence and its duration is sent to the state board of labor and industries, nor shall such overtime employment be authorized because of the stopping of machinery for the celebration of any holiday. Every employer engaged in furnishing public service or in any other kind of business in respect to which the state board of labor and industries shall find that public necessity or convenience requires the employment of children under the age of eighteen or women by shifts during different periods or parts of the day, shall post in a conspicuous place in every room in which such persons are employed a printed notice stating separately the hours of employment for each shift or tour of duty and the amount of time allowed for meals. Printed forms of such notices shall be provided by the state board of labor and industries, after approval by the attorney-general. A list by name of the employees, stating in which shift each is employed, shall be kept on file at each place of employment for inspection by employees and by officers charged with the enforcement of the law. In cases of extraordinary emergency as defined by section one of chapter four hundred and ninety-four of the acts of the year nineteen hundred and eleven or extraordinary public requirement, the provisions of this act shall not apply to employers engaged in public service or in other kinds of business in which shifts may be required as herein before stated; but in such cases no employment in excess of the hours authorized under the pro

« ForrigeFortsett »