Time schedule to be posted.

Penalty.

Certificate.

Notice of intention to leave

SEC. 49. Every employer shall post in a conspicuous place in every room where such persons are employed, a notice printed in plain, large type, stating the number of hours' work required of them on each day of the week, the exact time for commencing work in the morning, stopping at noon for dinner, commencing after dinner, and stopping at night; the form of such printed notice shall be furnished by the inspector of factories, workshops, mines and quarries, and shall be approved by the attorney-general. And the employment of any such person for a longer time in any day than that so stated, shall be deemed a violation of the preceding 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 machinery upon which such person was employed or dependent for employment.

SEC. 50. Whoever, either for himself, or as superintendent, overseer or agent of another, employs or has in his employment any person in violation of the provisions of section forty-eight, and every parent or guardian who permits any minor to be so employed, shall be punished by a fine of not less than twenty-five, nor more than fifty dollars for each offense. A certificate of the age of a minor made by him and by his parent or guardian at the time of his employment, shall be conclusive evidence of his age in behalf of the hirer, upon any prosecution for a violation of the provisions of section forty-eight. Whoever falsely makes and utters such a certificate with an intention to evade the provisions of this chapter relating to the employment of minors, shall be subject to a fine of one hundred dollars.

SEC. 51. Any person, firm or corporation engaged in any manufacturemployment, etc. ing or mechanical business, may contract with adult or minor employees to give one week's notice of intention on such employee's part, to quit such employment under a penalty of forfeiture of one week's wages. In such case, the employer shall be required to give a like notice of intention to discharge the employee; and on failure, shall pay to such employee, a sum equal to one week's wages. No such forfeiture shall be enforced when the leaving or discharge of the employee is for a reasonable cause: Provided, however, That the enforcement of the penalty aforesaid, shall not prevent either party from recovering damages for a breach of the contract of hire.

Proviso.

Children. Age limit.

An employee does not incur forfeiture by leaving without notice on account of reduction of wages. Nor does an employer incur forfeiture by reducing wages without notice. 39 Atl. Rep. 280.

SEC. 52. No child under twelve years of age, shall be employed in any manufacturing or mechanical establishment in the State. Whoever, either for himself, or as superintendent, overseer or agent of another, employs or has in his employment any child in violation of the provisions of this section, and every parent or guardian who permits any child to be so employed, shall be punished by a fine of not less than twenty-five, nor more than fifty dollars for each offense. Employment SEC. 53. No child under fifteen years of age shall be employed in any during term of manufacturing or mechanical establishment in the State, except during vacations of the public schools in the city or town in which he resides, unless absence from such school is excused by the superintending school committee or superintendent of schools, or teacher acting by direction of either,

school.

Penalty.

Certificates to be filed.

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SEC. 54. Any parent or guardian who procures a child to be employed contrary to the preceding section, and any corporation, owner, superintendent or agent of the owner, of such establishment violating the provisions of said section, shall forfeit the sum of one hundred dollars, one-half to the use of the county, and one-half to the use of the city or town where the offense is committed. Money so recovered to the use of the city or town, shall be added to its school money. School committees and superintendents of public schools, shall inquire into violations of said section and report the same to the county attorney, who shall prosecute therefor.

SEC. 55. Every owner, superintendent or overseer of any such manufacturing or mechanical establishment shall require and keep on file, a certificate of the age and place of birth of every child under sixteen years of age employed therein, so long as such child is so employed. Said certificate shall be signed by a member of the school committee of

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the place where such attendance has been had, or by some one authorized by such committee, *The inspector of factories, work- Inspector of factories may exshops, mines and quarries, or either of his assistants, may demand the amine. names of the children under sixteen years of age employed in such establishment, in the several cities and towns of the State, and may require that the certificates of age prescribed in this section, shall be produced for his inspection, and a failure to produce the same, shall be prima facie evidence that the employment of such child is illegal.

SEC. 56. Nothing in the eight preceding sections shall apply to any Exemptions. manufacturing establishment or business, the materials and products of which are perishable and require immediate labor thereon, to prevent decay thereof or damage thereto.

CHAPTER 40.-Payment of wages.

SECTION 57. Every manufacturing, mining, quarrying, stone-cutting, Fortnightly mercantile, street railroad, telegraph, telephone and municipal cor- pay day. poration, and every incorporated express and water company, and any person or firm engaged in any of the above specified kinds of business, having in their employ more than ten persons, shall pay fortnightly each and every employee engaged in its business, except municipal officers whose services are paid for by the day, or teachers employed by municipal corporations, the wages earned by such employee to within eight days of the date of said payment: Provided, however, That if at any time of payment, any employee shall be absent from his regular place of labor, he shall be entitled to said payment at any time thereafter on demand.

SEC. 58. Any corporation violating any provision of the preceding Violations. section shall be punished by a fine of not less than ten, nor more than twenty-five dollars on each complaint under which it is convicted: Provided, That complaint for such violation is made within thirty days from the date thereof. When a corporation against which a complaint is so made, fails to appear after being duly served with process, its default shall be recorded, the allegations in the complaint taken to be true, and judgment rendered accordingly. When judgment is rendered upon any such complaint against a corporation, the court may sue a warrant of distress to compel the payment of the penalty prescribed by law, together with costs and interest.

CHAPTER 51.-Security for wages of employees on railroads.

required.

SECTION 47. Every railroad company, in making contracts for the Security to be building of its road, shall require sufficient security from the contractors for the payment of all labor thereafter performed in constructing the road by persons in their employment; and such company is Company liliable to the laborers employed, for labor actually performed on the able, when. road, if they, within twenty days after the completion of such labor,

in writing, notify its treasurer that they have not been paid by the

contractors. But such liability terminates unless the laborer com- Limitation. mences an action against the company, within six months after giving such notice.

Employees of subcontractors are within the protection of this statute. It is sufTM ficient notice if notice is given within 20 days after the completion of the work, and not within 20 days after the end of each month, though the contractor's agreement was to pay monthly. 44 Atl. Rep. 377.

CHAPTER 52.-Railroads-Trains not to be run without sufficient crew.

SECTION 70. No train of passenger cars, moved by steam, shall be Brakeman to run without one trusty and skillful brakeman to every two cars.

CHAPTER 52.-Intoxication of railroad employees.

every two cars.

Intoxication.

SECTION 74. Whoever, having charge of a locomotive engine, or acting as conductor, brakeman, motorman or switchman, is intoxicated while employed on a railroad, shall be fined not exceeding one hundred Penalty. dollars, or imprisoned not exceeding six months.

Negligence.

Frogs, etc., to be blocked.

Penalty.

tions.

SEC. 75. Any person employed in conducting trains who is guilty of negligence or carelessness causing an injury, shall be punished by imprisonment in jail not exceeding one year, or by fine not exceeding one thousand dollars; but the corporation employing him is not thereby exempt from responsibility.

CHAPTER 52.-Safety appliances on railroads—Blocking of frogs, etc.

SECTION 82. Every railroad corporation operating a railroad or part of a railroad in the State, shall adjust, fill or block the frogs and guard rails on its track, with the exception of guard rails on bridges, in a manner satisfactory to the board of railroad commissioners, so as to prevent the feet of the employees from being caught therein. Any railroad corporation failing so to do, shall be punished by a fine of not less than one hundred, nor more than five hundred dollars.

A railroad is not required to fill or block frogs and guard rails before allowing trains to be operated over new tracks, but will be allowed reasonable time for the same. 44 Atl. Rep. 361.

CHAPTER 54.-Inspection of steamboats

Annual inspec- SECTION 10. The inspectors [of steamboats] shall annually, or oftener if they have good cause to believe it reasonable, inspect every vessel of the description mentioned in section four [propelled by steam upon inland waters], examine carefully her hull, engine, boiler, boats and other equipments, apply proper tests to her boilers, ascertain how long it will be safe to use the same, determine the pressure of steam to be allowed, and so regulate the fusible plugs, safety valves and steam cocks, as to insure safety; and they may require such changes, repairs and improvements to be adopted and used as they deem prudent for the contemplated route;

Examination.

License.

Earnings separate property.

Order of pay

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CHAPTER 54.-Examination and licensing of steamboat employees.

SECTION 12. Every person employed as master, pilot or engineer on board such vessel, shall be examined by the inspectors [of steamboats] as to his qualifications, and if satisfied therewith they shall grant him a license for the office for one year; said license shall be framed under glass and posted in some conspicuous place on board such vessel. Whoever acts as master, pilot or engineer without having first received such license, shall be fined fifty dollars for every day that he so acts; and such license continues in force for one year, unless revoked by the inspectors for intemperance, incompetency or wilful violation of duty. But any master, pilot or engineer holding a license for any such vessel on any line owning or navigating more than one vessel, may under such license be employed on any vessel owned or navigated by the persons owning or navigating the vessel for which said officer obtained his license.

CHAPTER 63.-Earnings of married women.

SECTION 3. She [a married woman] may receive the wages of her personal labor, not performed for her own family, maintain an action therefor in her own name, and hold them in her own right against her husband or any other person.

CHAPTER 72.-Wages preferred-In insolvency.

SECTION 42. In making a dividend under the preceding section, the ment of claims. following claims shall first be paid in full in their order:

I. The debts contracted by the debtor to obtain, in whole or in part, the amount paid by him as fees to the court of insolvency and for reasonable attorneys' fees.

II. The fees, costs and expenses of suits and proceedings in insolvency.

III. All debts and taxes due to the State or to any county, city or town therein, and to the United States, except debts due to the State in behalf of the State prison.

IV. Wages due to any operative, clerk or house servant, not exceeding fifty dollars, for labor performed within six months preceding the filing of the petition.

CHAPTER 72.-Exemption of wages from attachment.

SECTION 68. *** Nor shall the amount due him [an insolvent What wages debtor] as wages for his personal labor for a time not exceeding one exempt. month next preceding the service of the process, and not exceeding twenty dollars, be liable to attachment on any trustee process in a suit brought against him upon any debt contracted prior to said time.

CHAPTER 84.-Hours of labor.

SECTION 57. In all contracts for labor, ten hours of actual labor are Ten hours a a legal day's work, unless the contract stipulates for a longer time; but day's work. Exemption this rule does not apply to monthly labor or to agricultural employ

ments.

The stipulation for a longer time need not be expressed, but may be inferred from custom or the circumstances and conduct of the parties. Pay for overtime can not be recovered under this statute where the laborer has given tacit consent to the longer day's work. 52 Atl. Rep. 655.

Ten hours constitute a legal day's work in a mill where the labor is hired at a per diem compensation, payable weekly. For work done after hours at the request of the employer the law implies a promise of payment which may be enforced by suit after the stipulated payment for the day's labor has been made and accepted. 62 Me. 526.

VI. By reason of any amount due from him to the principal defend- What wages ant, as wages for his personal labor, or that of his wife or minor chil- exempt. dren, for a time not exceeding one month next preceding the service of the process, and not exceeding twenty dollars of the amount due to him as wages for his personal labor; and this is not exempt in any suit for taxes or for necessaries furnished him or his family; moreover, wages of minor children and of women, are not, in any case, subject to trustee process on account of any debt of parent or husband;

CHAPTER 89.-Right of action for injuries causing death.

SECTION 9. Whenever the death of a person shall be caused by Right accrues, wrongful act, neglect or default, and the act, neglect or default, is such when. 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 shall amount to a felony.

SEC. 10. Every such action shall be brought by and in the names of Who may sue. the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of his widow, if no children, and of the children, if no widow, and if both, then of her and them equally, and, if neither, of his heirs. The jury may give such damages as they shall deem a fair and just compensation, not exceeding five thousand dollars, with reference to the pecuniary injuries resulting from such death to the persons for whose benefit such action is brought: Provided, That such action shall be Limitation. commenced within two years after the death of such person.

In order for an employee to recover under this statute, he must be free from contributory negligence. 56 Atl. Rep. 913.

Damages.

Assignments to

be recorded.

Generating excessive amount of steam.

Delaying or abandoning trains, etc.

Obstructing, etc., trains.

gence.

CHAPTER 113.—Assignments of wages to be recorded.

SECTION 6. No assignment of wages is valid against any other person than the parties thereto unless such assignment is recorded by the clerk of the town in which the assignor is commorant while earning such wages; and if said assignor is commorant in an unorganized place while earning such wages, said assignment shall not be valid against any other person than the parties thereto unless said assignment is recorded by the clerk of the oldest adjoining town, provided there be an incorporated town adjoining such unincorporated place, and if there be no such adjoining town such assignment shall be recorded in the office of the register of deeds for the registry district in which said unincorporated place is located. No such assignment of wages shall be valid against the employer unless he has actual notice thereof.

CHAPTER 119.-Negligence of steamboat employees.

SECTION 6. Whoever, having charge of a steamboat used for conveyance of passengers, or of the boiler or other apparatus for generating steam therein, through ignorance, gross neglect or for the purpose of racing, creates or allows to be generated such a quantity of steam as to break such boiler, apparatus or machinery connected therewith, or whoever intentionally loads or obstructs or causes to be loaded or obstructed in any way the safety valve of the boiler, or employs any other means or device whereby the boiler may be subjected to a greater pressure than the amount allowed by the inspectors' certificate, or intentionally deranges or hinders the operation of any machinery or device employed to denote the stage of the water or steam in any boiler or to give warning of approaching danger, or intentionally permits the water to fall below the prescribed low water line of the boiler, or is directly or indirectly concerned therein, and thereby human life is destroyed, is guilty of manslaughter and shall be punished accordingly. And if human life is thereby endangered and not destroyed he shall be punished by fine not exceeding five hundred dollars, or by imprisonment for not more than five years.

CHAPTER 124.-Strikes of railroad employees, etc.

SECTION 6. Any employee of a railroad corporation who, in pursuance of an agreement or combination by two or more persons to do, or procure to be done, any act in contemplation or furtherance of a dispute between such corporation and its employees, unlawfully or in violation of his duty or contract, stops or unnecessarily delays or abandons, or in any way injures a locomotive or any car or train of cars on the railroad track of such corporation, or in any way hinders or obstructs the use of any locomotive, car or train of cars on the railroad of such corporation, shall be punished by fine not exceeding five hundred dollars, or imprisonment in the State prison or in jail not exceeding one year.

SEC. 7. Whoever, by any unlawful act, or by any willful omission or neglect, obstructs or causes to be obstructed an engine or carriage on any railroad, or aids or assists therein; or whoever, having charge of any locomotive or carriage while upon or in use on any railroad, willfully stops, leaves or abandons the same, or renders, or aids or assists in rendering the same unfit for or incapable of immediate use, with intent thereby to hinder, delay, or in any manner to obstruct or injure the management and operation of any railroad, or the business of any corporation operating or owning the same, or of any other corporation or person, and whoever aids or assists therein, shall be punished by fine not exceeding one thousand dollars, or imprisonment in the State prison or in jail not exceeding two years.

Gross negli SEC. 8. Whoever, having any management of, or control, either alone or with others, over any railroad locomotive, car or train, while it is used for the carriage of persons or property, or is at any time guilty of gross carelessness or neglect thereon, or in relation to the management or control thereof; or maliciously stops or delays the same,