CHAPTER 2.-ACCIDENTS. §11. Accident causing loss of life or serious personal injury; statement to be sent to state factory inspector; statement not competent evidence; duty of factory inspector to make investigation and recommendations; attendance of inquest by inspector or deputy. $12. State factory inspector to include report of accidents and recommendations in such cases in annual report. 13. Penalty for failure of owner, agent, manager, etc., to send notices and statements required. 14. Act not to apply to coal or salt mines. LAWS OF 1909, CH. 119. AN ACT in relation to accidents, and requiring the same to be reported to the factory inspector, requiring investigations thereof, and providing penalties for the violation of this act. § 11. Accident causing loss of life or serious personal injury; statement to be sent to state factory inspector; statement not competent evidence; duty of factory inspector to make investigation and recommendations; attendance of inquest by inspector or deputy. Wherever loss of life or serious personal injury shall occur in or about any factory, workshop, workyard, mill' or other industrial establishment, or on any building in course of construction, or in the operation of any railroad, streetcar line, public works, or in or about any passenger or freight elevator or other place, works or yards, where machinery or motive power is used, by reason of defects or faults in machinery, appliances, tools, scaffolding, ropes, cables or other appliances or materials used in construction or in the operation of said machinery or appliances, or motive power, so used, it shall be the duty of the owner, agent, manager, superintendent, or foreman in charge thereof, within twenty-four hours shall [to] mail a notice to the state factory inspector with a true and complete statement so far as known of the manner in which such accident occurred, and the cause and casualties thereof: Provided, Such statement shall not be competent evidence in any court in this state. If on receipt and examination of such statement and in his judgment the circumstances shall warrant, it shall be the duty of the state factory inspector to immediately go or send a deputy to the scene of such accident, and to make such investigation and recommendations and require such alterations of the machinery and appliances causing such accident as may be necessary to prevent a recurrence of said accident, and for the safety and protection of other persons there employed. In case any person is killed in an accident as described in the foregoing, and a coroner's inquest is held, the state factory inspector or his deputy may attend and participate in the inquest, upon the request of the coroner and county attorney, and ascertain by the testimony before the coroner the cause of such accident, for the purpose of securing such information as may be necessary to prevent a repetition of such accident. [G. S. 1915, 5943.] The commissioner of labor and industry is ex officio state factory inspector (§ 165). This act, it will be noted, applies only in case of loss of life or serious personal injury (§ 11) and does not apply to the coal or salt mines of the state (§ 14). The act creating the department of labor and industry, however, authorizes the commissioner "to furnish and deliver a written or printed list of interrogatories to any person, company, or the proper officer of any corporation operating within the state, and require full and complete answers to be made thereto, and returned under oath" (§173). Under the latter act the commissioner of labor and industry may require answers to interrogatories from all industries, including the coal and salt mines, and concerning any and all accidents. The commissioner has therefore prepared a form for the reporting of all industrial accidents, and requests an immediate report from every employer. A prompt reporting of all accidents as they occur will prevent the penalty from attaching for failure to report, as to industries required to report under this act, and will obviate the necessity of the commissioner submitting a formal demand for each report as to all other industries. In order to furnish a simple rule for the determination of what accidents shall be reported, the commissioner has prescribed that only accidents causing a loss of more than one day's employment or requiring medical or surgical attention shall be reported. The forms for the reporting of accidents will be furnished to any employer upon request to the commissioner of labor and industry. § 12. State factory inspector to include report of accidents and recommendations in such cases in annual report. The state factory inspector shall incorporate in his annual report to the governor a report of said accidents occurring, the cause and casualties of said accidents as ascertained, whether fatal or nonfatal, and a record of the recommendations made in such cases. [G. S. 1915, § 5944.] § 13. Penalty for failure of owner, agent, manager, etc., to send notices and statements required. Any owner, agent, manager, superintendent or foreman in charge of properties as described in section 1 of this act, where accidents shall have occurred, who shall fail or refuse to send such notices and statements and otherwise comply with the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in jail not less than thirty days nor more than ninety days, or by both such fine and imprisonment, in the discretion of the court. [G. S. 1915, § 5945.] "Section 1 of this act," referred to herein, is § 11, supra. § 14. Act not to apply to coal or salt mines. Provided, That this act shall not apply to the coal or salt mines of this state. [G. S. 1915, § 5946.] See note to § 11, supra. CHAPTER 3.-APPRENTICES. $15. Person bound by indenture to serve as clerk or apprentice shall serve for time specified. 16. Infants may bind themselves with approbation of probate court. 17. Affidavit of master to be indorsed on 18. Cases in which mother may give con- drunkenness to be decided in pro- 22. Master not to remove apprentice out of this state; clause to be inserted in indenture binding out orphan or poor child; branches to be taught; property to be given to apprentice. 23. Probate court to enforce terms of indenture, etc.; court to redress grievances. 24. Age of apprentice to be inserted in 25. Indenture not entered into according $28. Probate court to hear complaints of masters against apprentices; punishment of apprentice; order make restitution; costs. to 29. Warrant issued when apprentice absconds or rebels against master, etc.; complaint. costs. 30. Return of warrant in vacation; bail for appearance of apprentice; commitment in default; master consent to discharge; payment of 31. Forfeiture by person counseling, persuading, etc., any apprentice to run away; recovery of forfeiture by master. 32. Forfeiture by person entertaining, harboring or concealing run-away apprentice; recovery of forfeiture by master. 33. Executor may hind out child with consent of mother; executor may raise child with consent of mother. 34. Master about to remove apprentice out of this state; warrant issued; master may be required to enter into recognizance. 35. Master failing to enter into recogni- 36. Master wishing to remove out of this 12 GENERAL STATUTES OF 1868, CH. 5. AN ACT concerning apprentices. § 15. Person bound by indenture to serve as clerk or apprentice shall serve for time specified. Every person bound by indenture of his free will, with the consent of his father, or if he be dead, of the mother or guardian, and signified by such parent or guardian signing the same, or by the probate court, as hereinafter directed, to serve as clerk or apprentice, in any profession, trade or employment, until the age of eighteen years, or, if a female, until the age of sixteen years, or for a shorter time, shall be bound to serve the time specified in such indenture. [G. S. 1915, § 384.] § 16. Infants may bind themselves with approbation of probate court. Any infant, having no parent or guardian, may, with the approbation of the probate court, indorsed on the indenture, bind himself an apprentice until he arrives at the age of eighteen years, or, if a female, at the age of sixteen years. [G. S. 1915, § 385.] § 17. Affidavit of master to be indorsed on indenture. Upon the execution of every indenture of apprenticeship, the person to whom the apprentice is bound shall make an affidavit that he will faithfully perform the duties required by the indenture and enjoined on him by law, which affidavit shall be indorsed on the indenture. [G. S. 1915, § 386.] § 18. Cases in which mother may give consent or retain custody and control of child. When the father has no legal capacity to give consent, or when he shall willfully have abandoned his family for six months, without making suitable provisions for their support, or has become an habitual drunkard, the mother shall have the same power to give such consent as if the father was dead, or the mother may retain the custody and control of the child. [G. S. 1915, § 387.] § 19. Acts of incapacity, desertion or drunkenness to be decided in probate court before a jury; costs when charges not found to be true. Acts of incapacity, desertion or drunkenness shall be decided in the probate court by a jury, before the indenture shall take effect, and an indorsement on the indenture, under the seal of the court, that the same are proved, shall be sufficient evidence of the mother's power to give such consent, or retain control of said child; but if the jury do not find the charge of incapacity, drunkenness or desertion to be true, the person at whose instance such proceedings may have been had shall pay all costs attending the same. [G. S. 1915, § 388.] § 20. Poor children may be bound by probate court in cases specified. When any poor child is, or may be, chargeable to the county, or shall beg for alms, or when the parents of such children are poor, and their father an habitual drunkard, or if there be no father, when the mother is of bad character, or suffers her children to grow up in habits of idleness, without any visible means of obtaining an honest livelihood, it shall be lawful for the probate court to bind such child an apprentice until, if a male, he arrives to the age of eighteen years, and if a female, to the age of sixteen years. [G. S. 1915, § 389.] Order not attacked collaterally, notice to parents not essential. 26 K. 485. § 21. Orphan or minor may be bound by guardian; denture to be deposited with clerk of probate court. minor, who has not estate sufficient for his maintenance, Ackley v. Tinker, counterpart of inEvery orphan or may be bound by his guardian, under the order and direction of the probate court, and the indenture of binding such infant shall be as effectual as if such infant were of full age; and the counterpart of such indenture shall, for the benefit of the infant so bound, be deposited with the clerk of the probate court in which such binding shall take place, for safe-keeping. [G. S. 1915, § 390.] § 22. Master not to remove apprentice out of this state; clause to be inserted in indenture binding out orphan or poor child; branches to be taught; property to be given to apprentice. It shall not be lawful for any master to remove an apprentice out of this state, and in all indentures by the probate court, for binding out any orphan or poor child as an apprentice, there shall be inserted, among other covenants, a clause to the following effect: That every master to whom such child shall be bound shall cause such child to be taught to read and write, and the ground rules of arithmetic, the compound rules and the rule of three, and at the expiration of his time of service shall give him or her a new Bible and two new suits of clothes, of the value of forty dollars, and ten dollars in current money of the United States. [G. S. 1915, § 391.] § 23. Probate court to enforce terms of indenture, etc.; court to redress grievances. The probate court shall see that the terms of the indenture, and the covenants therein contained, be fulfilled, and that such child be not ill-used; and the said court is hereby required to inquire into and redress any grievances that may occur in the premises, in such manner as is prescribed by law. [G. S. 1915, § 392.] § 24. Age of apprentice to be inserted in indenture. The age of every apprentice shall be inserted in the indenture. [G. S. 1915, § 393.] § 25. Indenture not entered into according to law void as to apprentice. All indentures entered into otherwise than according to law shall be utterly void, so far as concerns the apprentice therein bound. [G. S. 1915, § 394.] § 26. Probate court to receive complaints of apprentices; trial by jury; make order to relieve party injured. The probate court shall receive the complaints of apprentices who reside within the county, against their masters, alleging undeserved or immoderate correction, insufficient allowance of food, raiment or lodging, want of instruction in their trade or profession, or that they are in danger of being removed out of this state, or the violation of the indentures of apprenticeship; and may hear and determine such cases by a jury, and make such order therein as will relieve the party injured, in future. [G. S. 1915, § 395.] § 27. Probate court may discharge apprentice; order concerning money, etc., paid or contracted to be paid; court to bind apprentice again. The probate court shall have power, when circumstances require it, to discharge an apprentice from his apprenticeship; and in case any money or other thing has been paid, or contracted to be paid, by either party, in relation to such apprenticeship, the court shall make such order concerning the same as shall seem just and reasonable. If the apprentice so discharged shall have been originally bound by the probate court, it shall be the duty of the court, if they judge necessary, again to bind such apprentice. [G. S. 1915, § 396.] § 28. Probate court to hear complaints of masters against apprentices; punishment of apprentice; order to make restitution; costs. The court shall, in like manner, hear and determine the complaint of masters against their apprentices, for desertion without good cause, misconduct or ill-behavior, and may punish such apprentice according to the nature and aggravation of his offense; and if the offense be willful desertion, without cause, the court may, in addition to other punishments, order the apprentice guilty thereof to make restitution by the payment of a sum not exceeding ten dollars, for each month he may be so absent, to be collected as other debts, after such apprentice shall have become of full age. The awarding of costs in the proceedings under this section shall be in the discretion of the court. [G. S. 1915, § 397.] § 29. Warrant issued when apprentice absconds or rebels against master, etc.; complaint. If any apprentice shall abscond or depart from the service of his master without leave, or shall rebel against or assault his master, any judge or justice of the peace, on complaint made, and sufficient cause shown, on oath, by the master, or any one in his behalf, shall issue a warrant directed to any sheriff or constable within this state, or any discreet or responsible person, to be named in the warrant, to execute the same in any part of this state. [G. S. 1915, § 398.] § 30. Return of warrant in vacation; bail for appearance of apprentice; commitment in default; master consent to discharge; payment of costs. If, upon the return of any such warrant, the probate court shall not be in session, it shall be the duty of the person serving the same to carry the apprentice before some judge or justice of the peace of said county, who shall take bail for the appearance of the apprentice at the next term of the court, to answer to the complaint of the master; or for want of bail, to commit him to prison until the sitting of the next court, unless the master shall consent to his discharge. The costs of the process, service and commitment shall be paid, in the first instance, by the master; but the court, upon the final hearing, may order such apprentice to make restitution of such costs, by service, after the expiration of the time for which he shall have been bound. [G. S. 1915, § 399.] § 31. Forfeiture by person counseling, persuading, etc., any apprentice to run away; recovery of forfeiture by master. Every person who shall counsel, persuade, entice or assist any apprentice to run away or absent himself from the service of his master shall forfeit not less than twenty nor more than five hundred dollars, to be sued for and recovered, with costs, by such master, in any court having jurisdiction thereof. [G. S. 1915, § 400.] § 32. Forfeiture by person entertaining, harboring or concealing runaway apprentice; recovery of forfeiture by master. Every person who shall entertain, harbor or conceal any apprentice, knowing such apprentice to be [a] run-away, or to have absented himself from the service of his master without leave, shall forfeit one dollar for every day's entertainment, harboring or concealing, to be sued for and recovered, by action of debt, with costs, by such master, in any court having jurisdiction thereof. [G. S. 1915, § 401.] § 33. Executor may bind out child with consent of the mother; executor may raise child with consent of mother. The executor who, by the last will of a father, is directed to bring up his child to some trade or calling, shall have power, with the consent of the mother, if living, to bind such child by indenture in like manner as the father, if living, might |