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empowered under the provisions of this chapter to inspect all elevators in every building within his jurisdiction; and it shall be the duty of the factory inspectors appointed or empowered under the provisions of chapter 68 of the General Laws to inspect all elevators in every building within their jurisdiction in any city or town where there is no inspector of building[s]; and it shall be the duty of said inspectors of buildings and said factory inspectors to notify the lessee and owner or some one of the owners of every building in which an elevator shall be used or operated contrary to the provisions of this and the preceding section, of such violation and require the lessee and owner or some one of the owners of said building, within thirty days after the receipt of such notice, to comply with the provisions of said sections, and it shall be the duty of said lessee and owner or owners to comply with
such requirement. Owner may The owner or owners of any building or premises under lease, make altera- and their servants and agents, may enter upon such leased buildtions.
ing or premises for the public welfare, with the purpose of making said building comply with the provisions of this and the preceding section, and may remain thereon during such time as may reasonably be required for the performance of such work as may be necessary to effect said purpose, interfering with the lessee no more
than may be necessary. Negligerce. In all cases in which any person shall suffer injury or in which
the death of any person shall ensue in consequence of the failure of the lessee or owner or owners of any building to comply with the provisions of this and the preceding section, or in consequence of the failure of said lessee or owner or owners to comply with the written notice and requirement of any inspector of buildings or factory inspector, when made in conformity to the provisions of
this and the preceding section, such lessee and owner or owners Damages. shall be jointly and severally liable to any person so injured in an
action of trespass on the case for damages for such injury; and in case of death such lessee and owner or owners shall be jointly and severally liable in damages for the injury caused by the death of such person, to be recovered by action of trespass on the case, in the same manner and for the benefit of the same persons as is provided in sections fourteen and fifteen of chapter two hundred and thirty-three; which action, when the lessee and the owner are nonresidents, may be commenced by attachment. It shall be no defense to said action that the person injured, or whose death ensues as aforesaid, had knowledge that any elevator was being operated in said building contrary to the provisions of this and the preceding section, or that such person continued to ride in said
elevator with said knowledge. Penalty. The lessee or owner or owners of any building, or in case such
lessee or owner, or any of them, be non compos mentis or a minor, the guardian of any such lessee or owner, or in case such lessee or owner, or any of them, be a nonresident, the agent of any such lessee or owner having charge of such property, who shall neglect or fail to comply with the provisions of this and the preceding section shall be fined not less than five dollars nor more than ten dollars for each day that an elevator shall be used or operated in said building contrary to the provisions of this and the preceding section. In case there shall be several such lessees or owners or agents in charge of any building in which an elevator shall be used or operated contrary to the provisions of this and the preceding section, proceedings may be had against any or all of them jointly, or against any one of them, for the recovery of such fine.
CHAPTER 115.—Employment of children-Certain employments
Acrobatic, SECTION 4 (as amended by chapter 475). Every person having mendicant,etc., the custody or control of any child under the age of sixteen years occupations.
who shall exhibit, use or employ, or shall in any manner or under any pretense sell, apprentice or give away, let out or otherwise
dispose of any such child to any person for or in the vocation, occupation, service or purpose of rope or wire walking, or as a gymnast, wrestler, contortionist, equestrian performer, acrobat, or rider upon any bicycle or mechanical contrivance, or in any dancing, theatrical or musical exhibition unless it be in connection with churches, schools, or private instruction in dancing or music or unless it be under the auspices of a Rhode Island society incorporated, or organized without incorporation, for a purpose authorized by section 11 of chapter 176 of the General Laws ( religious, charitable, literary, social, musical, etc., purposes), or unless it be with the written consent, previously obtained and revocable at will, of the mayor of the city or the president of the town council where such child is to be employed; or for or in gathering or picking rags, or collecting cigar stumps, bones, or refuse from markets, or in begging, or in any mendicant or wandering occupation, or in peddling in places injurious to the morals of such child;
or in any illegal, obscene, indecent, or immoral purpose, exhibition or practice whatsoever; or for or in any business, exhibition or vocation injurious to the health or morals, or dangerous to the life or limb of such child, or who shall cause, procure or encourage any such child to engage therein, or who after being notified by an officer mentioned in section 6 of this chapter to restrain such child from engaging therein, shall neglect or refuse to do so, shall be held guilty of a misdemeanor and shall, for every such offense, be imprisoned not exceeding one year or be fined not exceeding two hundred [and] fifty dollars, or be both fined and imprisoned as aforesaid, and shall forfeit any right which he may have to the custody of such child.
Sec. 5 (as amended by chapter 475). Every person who shall Hiring for take, receive, hire or employ, exhibit, or have in custody, or who prohibited purshall cause to be taken, hired or employed, exhibited, or held in poses. custody, any child under the age of sixteen years, for any of the purposes prohibited in the preceding section, shall be held guilty of a misdemeanor, and shall be punished for every such offense in the manner provided in said section.
Sec. 6 (as amended by chapter 475). The town sergeant of any Enforcement. town, the chief of police of any city, or the general agent or agents of the Rhode Island Society for the Prevention of Cruelty to Children may enter any place where any child may be held, detained or employed in violation of this chapter, and without process of law, seize and detain such child and hold him as a witness to testify upon the trial of any person charged with violating the provisions of this chapter ;
CHAPTER 177.-Payment of wages. SECTION 25. Every corporation, other than religious, literary or Weekly pay charitable corporations, and every incorporated city, but not in- day. cluding towns, shall pay weekly to the employees engaged in its business the wages earned by them to within nine days of the date of such payment, unless prevented by inevitable casualty : Prorided, however, That if at any time of payment any employee shall be absent from his place of labor, he shall be entitled to said payment at any time thereafter on demand.
Sec. 26. Any corporation violating any of the provisions of the Penalty. preceding section shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, one-half thereof to the use of the complainant and the other half to the use of the State: Provided, Complaint for such violation is made within thirty days from the date thereof.
This law is constitutional and is to be construed as amending charters previously granted to manufacturing corporations.
CHAPTER 187.-Safety appliances on railroads, etc. SECTION 22. Every railroad corporation whose cars are propelled Power brakes. by steam shall cause a power brake to be attached to every passenger car used for the conveyance of passengers, which brake shall
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be so arranged that it may be put in operation by the engineer
when the train is in motion. Penalty. SEC. 23. Every railroad corporation which shall use any passen
ger car for the conveyance of passengers, without such power brake so applied, shall for every such offense be fined one hundred dollars, one-half thereof to the use of the complainant and one-half thereof to the use of the State; but this penalty shall not apply to an incidental conveyance of passengers in freight cars, nor to “dummy cars," so called, nor to a passenger car attached
to the rear end of a freight train or dummy engine. Height or SEC. 24. No bridge shall hereafter be built over any railroad bridges over track, unless it shall measure at least eighteen feet in the clear, rallroads.
measuring from the bottom of the lowest timber to the top of the rail on said track, excepting bridges erected in renewal or in place
of bridges now existing. Blocking SEC. 50. Every railroad corporation, operating a railroad or part frogs, etc. of a railroad in this State shall 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 commissioner, evidenced by his certificate. Any railroad corporation failing to comply with the provisions of this section shall be fined not less than one hundred dollars nor more than one thousand dollars.
CHAPTER 194.--Earnings of married women.
Earnings, . SECTION 1. The real estate, chattels real, and personal estate, etc.,
separate which are the property of any woman before marriage, or which property.
may become the property of any woman after marriage, or which may be acquired by her own industry, including damages recovered in suits or proceedings for her benefit and compensation for her property taken for public use, and the proceeds of all such property, shall be and remain her sole and separate property free from control of her husband.
CHAPTER 198.—Employment of women and children.
Hours of la- SECTION 22 (as amended by chapter 994). No minor under sixbor.
teen years of age, and no woman, shall be employed in laboring in any manufacturing or mechanical establishment more than fifty-eight hours in any one week; and in no case shall the hours of labor exceed ten hours in any one day, excepting when it is necessary to make repairs to prevent the interr ption of the ordinary running of the machinery, or when a different apportionment of the hours of labor is made for the sole purpose of making a
shorter day's work for one day of the week. Schedule Every employer shall post in a conspicuous place in every be posted.
room where such persons are employed a printed notice stating the number of hours' work required of them on each day of the week; and the employment of any such person for a longer time in any day than so stated shall be deemed a violation of this section, unless it appears that such employment is to make up for time lost on some previous day of the same week in consequence of the stopping of the machinery upon which such person was employed or dependent for employment: Provided, That the provisions of this section shall not be construed to enlarge or impair any restriction placed upon the employment of any minor
mentioned in chapter 64. Penalty. SEC. 23. Every person who willfully employs, or has in his
employment or under his charge any person, in violation of the provisions of the preceding section, and every parent or guardian who permits any such minor to be so employed, shall be fined not exceeding twenty dollars for each offense. A certificate of the age of a minor, made by him or by his parent or guardian, at the time of his employment in a manufacturing establishment, shall be conclusive evidence of his age upon any trial of any person other than the parent or guardian for a violation of the preceding section.
SEC. 24. Labor performed in any manufacturing establishment, Ten hours a and all mechanical labor, during the period of ten hours in any day's labor. one day, shall be considered a legal day's work, unless otherwise agreed by the parties to the contract for the same, or unless for the purposes, and subject to all restrictions, mentioned in section twenty-two of this chapter.
CHAPTER 198.-Employment of labor--Notice of intention to leave
and of discharge.
SECTION 25. Every person who requires from any person in Notice of dishis employ, under penalty of a forfeiture of a part of the wages charge requirearned by him a notice of intention to leave such employ, shall
ed, when. be liable to the payment of a like forfeiture if he discharges without similar notice such person in his employ, except for incapacity or misconduct, unless in case of a general or partial suspension of labor in his business.
CHAPTER 233.-Right of action for injuries causing death. SECTION 14. Whenever the death of a person shall be caused by Right ac. the wrongful act, neglect, or default, of another, and the act, neg- crues, when. lect, or default, is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation which, would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a felony. Every such action shall be brought by and in the name of the executor or administrator of such deceased person, whether appointed or qualified within or without the State, and the amount recovered in every such action shall one-half thereof go to the husband or widow, and one-half thereof to the Beneficlaries. children of the deceased, and if there be no children the whole shall go to the husband or widow, and, if there be no husband or widow, to the next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate: Provided, That every such action shall be com- Limitation. menced within two years after the death of such person. If there is no. executor or administrator, or if, there being one, no action is brought in his name within six months after the death, one action may be brought in the names of all the beneficiaries, either by all, or by part stating that they sue for the benefit of all, and stating their respective relations to the deceased : Provided, That if all do not bring such suit, only those bringing it shall be responsible for costs ; but judgment shall be for the benefit of all, and shall be entered as several judgments for each in his proportion as aforesaid, and executions thereon shall issue in favor of each respectively: Provided further, That if such action be brought by the beneficiaries, no action shall thereafter be brought by the executor or administrator. There shall be but one bill of costs in favor of the plaintiffs, which shall enure equally for the benefit of those bringing the suit, and of them only.
SEC. 15. In order to maintain any action given in and by the Criminal propreceding section, it shall not be necessary to first institute crim-ceedings not inal proceedings against the defendant.
required. CHAPTER 254.--Assignments of wages to be recorded. SECTION 28. No assignment of future earnings shall be valid, Assignments excepting as between the parties thereto, until the same has been to be recorded. recorded in a book to be kept for that purpose in the office of the recorder of deeds, if there be one, otherwise in the office of the clerk of the town or city in which the assignor resides, if a resi
dent of this State, or in which he is employed, if not a resident of this State.
CHAPTER 255.—Exemption of wages from attachment, etc.
What wages SECTION 5. The following goods and property shall be exempt exempt. from attachment on any warrant of distress or on any other writ,
original, mesne, or judicial:
10. Wages due or accruing to any seaman.
12. The salary or wages due or payable to any debtor not exceeding the sum of ten dollars, except when the cause of action is for necessaries furnished the defendant.
13. The salary and wages of the wife and of the minor children of any debtor.
CHAPTER 274.—Wages preferred-In insolvency. Rank
or wage debts. SECTION 58. The costs and expenses of administration in pro
ceedings under this chapter, including registers' and clerks' compensation and expenses, the expenses and compensation of the assignee and the reasonable fees of his counsel and attorney, shall be first paid in full out of the insolvent estate, in the order named. Sums due to the United States, to the State of Rhode Island, to any town or municipality in said State, and for the wages of labor performed within six months next prior to the adjudication in insolvency, not exceeding one hundred dollars to any one person, shall be next paid in full out of the insolvent estate, in the order named.
CHAPTER 278.-Intimidation of employees. Interference SECTION 8. Every person who, by himself or in concert with with employ. other persons, shall attempt by force, violence, threats or intimidament.
tion of any kind to prevent, or who shall prevent any other person from entering upon and pursuing any employment, upon such terms and conditions as he may think proper, shall be deemed guilty of a misdemeanor and be fined not exceeding one hundred dollars or be imprisoned not exceeding ninety days.
CHAPTER 279.—Interference with employment. Obstructing SECTION 45. Every person who shall willfully and maliciously business, etc.
or mischievously injure or destroy the property of another, or obstruct the use of the property of another, or obstruct another in the prosecution of his lawful business or pursuits, in any manner, the punishment whereof is not specially provided for by statute, shall be fined not exceeding twenty dollars or be imprisoned not exceeding three months.
CHAPTER 281.-Sunday labor.
SECTION 17. Every person who shall do or exercise any labor or forbidden.
business or work of his ordinary calling, or use any game, sport, play or recreation on the first day of the week, or suffer the same to be done or used by his children, servants or apprentices, works of necessity and charity only excepted, shall be fined not exceeding five dollars for the first offense and ten dollars for the second
and every subsequent offense. Employing
SEC. 18. Every person who shall employ, improve, set to work servant of another.
or encourage the servant of any other person to commit any act
named in the preceding section shall suffer the like punishment. Limitation. SEC. 19. All complaints for violations of the provisions of the
preceding two sections shall be made within ten days after the committing thereof and not afterwards.