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guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than ninety days.
STATUTES OF 1894.
CHAPTER 38.—Employment of children.
SECTION 712. No child under fifteen years of age shall be em- Certificate reployed in a mill or factory unless such child has attended public quired. school twenty-six weeks during the current year, and deposited with the owner or overseer of such mill or factory a certificate of such attendance at school, signed by the teacher thereof.
SEC. 713. A child under fourteen who cannot read and write Illiterates. shall not be employed during the sessions of the school such child should attend. SEC. 714. Any person violating the provisions of the
Penalty. preceding sections shall be fined not more than twenty-five dollars and not less than five dollars to the use of the town in which the child resides. Truant officers shall make complaint for violations of this chapter to a justice or judge of a municipal court.
SEC. 715. The town superintendent may inquire of the owner or Employers to overseer of a mill or factory as to the employment of children show certifi
cates. therein, may call for the production of the certificate deposited with such owner or overseer, and satisfy himself that the requirements of law have been complied with.
CHAPTER 69.—Exemption of wages from garnishment.
SECTION 1312 (as amended by act No. 31, Acts of 1896).
are exempt. neither shall a person be adjudged a trustee by reason of wages or compensation due the principal debtor, for work and labor performed by him in person after the service of the trustee process upon the trustee; and no earnings of a minor or married woman shall be subject to the trustee process in a suit against the parent of such minor or husband of such married woman. Neither shall a corporation be adjudged a trustee by reason of any money due from it to a person residing without the State, for services rendered without the State; provided a like sum of money so due would be exempt from attachment by trustee process in the State where such person resides.
CHAPTER 102.— Wages preferred-In insolvency.
In the order for dividends under this Order of paychapter, the following claims shall be entitled to priority, and be ment,
mands. paid in the following order :
I. The fees, costs, and expenses of suits, and the several proceedings in insolvency under this chapter, and for the care and custody of property as herein provided.
II. Debts due the United States, and taxes and assessments under the laws thereof.
III. Debts due the State, and taxes and assessments under the laws thereof.
IV. Wages due any employee, clerk or house servant, to an amount not execeeding fifty dollars, for labor performed within six months next preceding the date of the adjudication.
CHAPTER 131.—Earnings of married women. SECTION 2647. All personal property and rights of action ac- Earnings quired by a woman before coverture, or during coverture, except separate prop
erty. by gift from her husband, shall be held to her sole and separate use,
CHAPTER 169.-Security for ages of employees on railroads
Bond to be SECTION 3827. A railroad company shall require sufficient securrequired.
ity from the contractors for the payment of labor performed in conCompany li- structing the road by persons in their employ; and such company able, when. shall be liable, to the day laborers employed by the contractors,
for labor actually performed on its road, if the person having such claim shall, in writing, within forty days after the performance of the labor, notify the engineer in charge of the section on which the labor was performed, that he has not been paid by the contractors.
This statute is constitutional. It applies to laborers for subcontractors as well as to those of contractors. 31 Vt. 214.
CHAPTER 169.—Safety appliances on railroads.
Height, etc., SECTION 3883. All single track railroad bridges in this State of bridges.
shall, when built or rebuilt, be hereafter so constructed as to leave a clear space of not less than fifteen feet between the inner sides of said bridges, and also a clear space of not less than twenty feet from the lowest timbers, boards, or irons in the covering of said bridges, to the top of the rails under the same: And in all double track bridges the clear space of inside width shall be
not less than twenty-seven feet. Telltales.
SEC. 3881. A person or corporation operating a railroad, or part of a railroad, in this State, shall place at the approaches of all its bridges and the highway bridges or other structures which cover or extend over its track, that do not leave a clear height of twenty feet from the top of the rails to the lowest part of said bridges or other structures directly over said rails, such telltale warnings, or other safety devices of uniform pattern for warning trainmen of their approach thereto, as shall be recommended by the board
of railroad commissioners. Blocking
SEC. 3885. A person or corporation operating a railroad or a frogs, etc.
part of a railroad in this State, shall at all times keep the frogs. switches and guard rails on its tracks, with the exceptions of guard rails upon bridges, filled or blocked with a wooden block or wedge, so as to prevent the feet of its employees from being
caught therein. Ladders on SEC. 3886. No railroad corporation shall run cars of its own
with ladders or steps to the top of the same on the sides of its cars, but said ladders or steps shall be on the ends or inside of
the cars. Penalty. SEC. 3887. If a person or corporation fails to comply with the
requirements of the four preceding sections, such person or corpo ration shall forfeit fifty dollars for every day's neglect, and be liable for the damages and injuries to passengers and employees on
its roads, resulting from such neglect. Enforcement. SEC. 3888. Such penalty may be enforced by an action on the
case in the name of the State, and the State's attorney of the county where the offense is committed shall prosecute the same, upon notice thereof from the board of railroad commissioners.
An injured employee can not recover under this statute if his injuries resulted from negligence of his own combined with failure of the railroad company to comply with the law. 47 Atl. Rep. 827.
A contract with an employee or with his next of kin waiving the right of action for damages which may arise from injuries received while in the service of a railroad company will not protect a company that falls to
comply with the provisions of this law. 51 Atl. Rep. 6. Power brakes, SEC. 3910. All railroad passenger trains except mixed trains
shall be provided with brakes operated from the engine by the
engineer. Penalty. SEC. 3911. A person or corporation not complying with the re quirements of
[section 3910) shall be fined fifty dollars for every violation thereof, and shall be liable for the damages and injuries to passengers and employees on its road resulting from such neglect.
CHAPTER 169.—Employment of intemperate persons on railroads
Negligence of employees.
SECTION 3922. If a railroad company employs or retains in its Persons who service a conductor, engineer, brakeman, or switchman, who uses use intoxicants intoxicating liquors as a beverage, such fact being known to the ployed. president, superintendent, or any of the directors of such road, such corporation shall be fined not more than three thousand dollars, and not less than three hundred dollars; and shall also be liable for the damages which il person sustains by the employment or retention of such conductor, engineer, brakeman, or switchman.
SEC. 3923. If a person, while in charge of a locomotive engine, Intoxication or while acting as the conductor of a car, or train
of cars, on a of engineer,etc. railroad, is intoxicated, he shall be fined not more than five hundred dollars, or imprisoned in the State prison not more than one year.
Sec. 3924. When an engineer, fireman, or other agent of a rail. Negligence road is guilty of negligence or carelessness, whereby an injury is causing injury. done to a person or corporation, he shall be imprisoned not more than one year, or be fined not more than one thousand dollars. This section shall not exempt a person or corporation from an action for damages. CHAPTER 172.-Accidents on railroads—Duties of railroad com
SECTION 3987. The commissioners shall inquire into the causes Accidents to of any accident on a railroad resulting in loss of life, and, in their be investigatjudgment, into any accident not so resulting. If in their judgment a public investigation is necessary they shall give reasonable notice of the time and place of such investigation to the person or corporation operating such railroad; also to the State's attorney for the county in which the accident occurred; to the parties known to have been injured in the accident, and to a representative or friend of a person killed thereby, if known, and shall investigate such accident and make public their conclusions thereon. The State's attorney shall attend and represent the State in said hearing, and produce to the board such legal evidence as tends to show the cause of such accident; and he shall be allowed five dollars per day for each day's attendance before said board, and his necessary expenses.
SEC. 3988. The general superintendent or manager of a railroad Reports. doing business in this State, shall inform the commissioners of every accident upon his road resulting in loss of life or serious injury to any person, immediately after its occurrence.
CHAPTER 194.-Inspection of steam boilers.
SECTION 4700. Upon application of three citizens, the selectmen Who may inof a town, or the mayor of a city, or any person duly authorized spect. by them, may, after notice to the parties interested, examine any stationary steam engine or steam boiler therein, and, for that purpose may enter any house, shop, or building, and if upon examination it appears probable that the use of such engine or boiler is unsafe, they shall, upon notice to all parties concerned, and hearing, if they judge such engine or boiler to be unsafe, defective, or Unsafe boller. unfit to be used, issue an order prohibiting the use thereof until it is rendered safe. If, after notice to the owner or person having charge thereof, such engine or boiler is used contrary to such order, such owner or person shall forfeit ten dollars for each day he uses the same, to the use of such town or city, to be recovered in an action on the case.
CHAPTER 194.--Fire escapes on factories, etc. SECTION 4702. The owner or lessee of a building, factory, mill or Fire escapes workshop more than two stories high, in which persons are em- required.
ployed above the second story, shall provide suitable ladders or other safe fire escapes, for the safety of patrons and occupants of such buildings.
SEC. 4703. If the owner, keeper, or lessee of any of the places mentioned
neglects to comply with the provisions thereof (in this act], he shall be fined not more than four hundred dollars, and not less than twenty-five dollars.
CHAPTER 220.-Intimidation of employees.
Preventing SECTION 5041. A person who threatens violence or injury to anemployment.
other person with intent to prevent his employment in a mill, manufactory, shop, quarry, mine, railroad or other occupation, shall be imprisoned not more than three months, or fined not more than
one hundred dollars. Stopping
SEC. 5042. A person who, by threats, intimidation or by force, work.
alone or in combination with others, affrights, drives away or prevents another person from accepting, undertaking or prosecuting such employment, with intent to prevent the prosecution of work in such mill, shop, manufactory, mine, quarry, railroad or other 'occupation, shall be imprisoned in tbe State prison not more than five years, or fined not more than five hundred dollars.
A count charged conspiracy to hinder and prevent by violence, threats, and intimidation the employment and retention by a company of certain employees; also conspiracy to terrify and drive away workmen by threats, with malicious intent to injure said company; also threats to publish the names of employees in the "scab" list of a trade journal, thus putting them in fear and driving them away. Held, that these counts sufficiently charged an offense under the above sections. 59 Vt. 273.
CHAPTER 225.—Sunday labor. Sunday labor SEC. 5140. A person who between twelve o'clock Saturday night forbidden.
and twelve o'clock the following Sunday night exercises any business or employment, except such only as works of necessity and charity,
shall be fined not more than two dollars. Working on Sunday in violation of this statute is not contributory negligence, and the liability of an employer is not modified by the fact that an injured employee was so working at the time he received his in
jury. 47 Atl. Rep. 169. Running of SEC. 5141. The railroad commissioners may authorize the runtrains.
ning upon any railroad of such through trains on Sunday as, in the opinion of the board, the public necessity and convenience may require, having regard to the due observance of the day.
CHAPTER 225.-Employment of children.
Age limit. SECTION 5146. An owner, agent, superintendent or overseer of a
manufacturing or mechanical establishment who knowingly employs or permits to be employed in such establishment a child
under ten years of age, or employs a child under fifteen years of Limit of age more than ten hours in one day, and a parent or guardian day's labor. who allows or consents to such employment, shall be fined fifty dollars.
ACTS OF 1902.
Act No. 90.-Sale of liquor to employecs.
Employer may No liquor shall be sold or otherwise furnished
* to a forbid sale. person whose
employer has given notice in writing to the licensee forbidding sale to such person.
SEC. 83. A licensee who knowingly sells intoxicating liquors to one having the habit of drinking such liquors to excess, after having received notice in writing not to sell to him, shall forfeit
one hundred dollars for each offense, to be recovered by the husband, wife, parent, child, guardian or employer of such person in an action on the case. But such action shall not be had unless commenced within two years from the time of the alleged offense. SEC. 84. [An]
employer or other person who is injured in person, property or means of support by an intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person, shall have a right of action against any person or persons who by selling or giving intoxicating liquor have caused in whole or in part such intoxication;
ACT No. 90.—Employment of women and minors in barrooms.
No female (shall] be employed on the premises or in the room Women and in which the license is operated.
minors not to
be employed. No male person under the age of twenty-one [shall] be employed therein.
The two prohibitions last named shall not apply to hotels, common victuallers or pharmacists holding a license of the fifth class [druggist's license).
Act No. 158.—Payment of wages-Scrip. SECTION 1. Any person, corporation or business firm using checks, Scrip, etc., to
be other than bank checks, slips, duebills, or other device to repre-in money.
redeemable sent money in payment of wages or any other debt or obligation due to any employee or servant of such person, corporation or business firm, shall pay the face value of such checks, slips, duebills or other device, in current money of the United States to the holder thereof on the regular pay days of such person, corporation or business firm, and such checks, slips, duebills or other device shall be redeemable at intervals of not more than one month: Provided, however, That if any such employee or servant be discharged during the month, said checks, slips, duebills and other device shall be redeemed at their face value, in current money of the United States on the day of his discharge.
SEC. 2. Any person, corporation or business firm refusing to Penalty. redeem any of its obligations as above provided, shall forfeit twice the face value in an action on this statute.
ARTICLE 4.-Local or special laws regulating labor, etc., not to be
Certain local local, special, or private law in the following cases :
laws forbidden. 12. Regulating labor, trade, mining or manufacturing, or the rate of interest on money.
ARTICLE 5.—Bureau of labor and statistics.
SECTION 86. The general assembly shall have power to establish Assembly may and maintain a bureau of labor and statistics, under such regula
establishbu tions as may be prescribed by law.
ARTICLE 12.-Liability of railroad companies for injuries to
SECTION 162. The doctrine of fellow-servant, so far as it affects Acts offelthe liability of the master for injuries to his servant resulting from low-servants. the acts or omissions of any other servant or servants of the common master, is, to the extent hereinafter stated, abolished as to