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PORTO RICO.

REVISED STATUTES AND CODES-1902.

REVISED STATUTES.

Employment of children.

SECTION 166. No child of either sex, under sixteen years shall Limit of be compelled to work in agricultural factories and manufacturing day's labor. establishments over six hours per day, three in the morning and three in the afternoon. All persons who shall violate this provision shall be fined in a sum of from five to fifteen dollars, or imprisonment not to exceed thirty days for each offense.

Sec. 167. No foreman, teacher or other person having under his Compulsion charge the work, care or education of a minor under sixteen years

to labor. of age, shall resort to inhumane treatment to compel such minor to work or to study. Any violation of the provisions hereof shall be punished with a fine of from five to fifteen dollars or imprisonment not to exceed thirty days for each offense.

Protection of employces as voters.

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SECTION 289. *

if an employer of laborers or an agent Discharging, of such employer threatens to withhold the wages of, or to dis- withholding miss from service any laborer in his employment, or refuse[s] to wages, etc. allow to any such employee the time to attend at the place of election and vote, [he] shall be guilty of a felony, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

Liability of employers for injuries to employees.

SECTION 322. Where, after the passage of this act, personal in- Injury caused jury is caused to an employee who is himself in the exercise of due bycare and diligence at the time:

1. By reason of any defect in the condition of the ways, works, Defective or machinery, connected with, or used in the business of the em- machinery ; ployer, which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, or machinery, were in proper condition; or

2. By reason of the negligence of any person in the service of Negligence of the employer intrusted with the exercising of superintendence superintend.

ent; whose sole or principal duty is that of superintendence; or

3. By reason of the negligence of any person in the service of Person in the employer who has charge of, or physically controls, any signal charge of loco

motive, etc. switch, locomotive engine, car or train in motion, whether attached to an engine or not, upon a railroad, the employee, or, in Who may sue. case the injury results in death, his widow or children, or both of them, and if there be no such widow and children, then his parents (provided that said parents were dependent upon such employee for support) may maintain an action for damages against the employer, pursuant to the provisions of this act.

Sec. 323. When an employee receives a personal injury under Damages. any of the conditions enumerated in section 1 hereof (sec. 322), he may bring an action against his employer before the proper district court, to recover damages for such injury. The damages so recovered shall not exceed the sum of two thousand dollars, and in assessing the amount of such damages the court shall take into consideration the degree of culpability of the employer, or of the person for whose negligence the employer is liable hereunder, the sums expended by the employee for medical attendance, for drugs, medicines and similar necessary expenses, and the loss of wages while recovering from the injury; the court shall also take into consideration the physical pain and suffering caused by the

ow, etc.

injury. If the injury be of such character as to permanently impair the earning capacity of the employee, the court shall include in the damages awarded an allowance for such loss. In case the injury results in a temporary impairment of his earning capacity, the court, in addition to pain and suffering and the expenditures for medical services and drugs, shall take into consideration the average rate of wages which, under ordinary conditions, he might

have earned if not injured. Survival of Sec. 324. In case of the death of the employee before the teraction. mination of the action so brought against the employer, it may be

continued in the name of his widow or children, and if there be no such widow or children, then in the name of his parents, if they, or either of them, were dependent upon such employee for support at the time of the injury. If it shall appear in any action so continued in the name of the widow, children or parents of a de

ceased injured employee that the death was the result of the Limit of injury, damages shall be assessed by the court in a sum not to damages. exceed three thousand dollars; and the court shall estimate such

damages in accordance with:

(a) The degree of culpability of the employer or of the person for whose negligence the employer is liable.

(b) The material damage incurred by the claimant or claimants through the death of the employee in accordance with the actual needs that said claimant or claimants had to depend upon the wages of such employee for their support, taking into consideration his earning capacity and his probabilities of life, at the

time of the accident. Suit by wid- Sec. 325. When, before having commenced an action hereunder,

an employee dies as the result of personal injury received under any of the conditions enumerated under section 1 hereof (sec. 322), his widow, children, or both of them, or if there be no such widow or children, then his parents, provided such parents were dependent upon such employee for support at the time of the injury, may

maintain an action against the employer before the proper district Limit of court, for damages caused by the death of such employee. Such damages.

damages shall not exceed the sum of three thousand dollars and shall be fixed by the court in accordance with:

(a) The degree of culpability of the employer or of the person for whose negligence the employer is liable.

(b) The material damage incurred by the claimant or claimants through the death of the employee in accordance with the actual needs that such claimant or claimants had to depend upon the wages of such employee for their support, taking into consideration his earning capacity and his probabilities of life, at the

time of the accident. Division of SEC. 326. The court, when fixing the amount of damages to be damages,

paid in case of death by personal injury under this act, shall determine the amount due to each of the claimants in proportion to the material damages incurred by each of them in accordance with the actual needs which each of them had to depend upon the wages

of the employee whose death was caused by accident. Limitation. SEC. 327. No action for the recovery of damages for injury or

death under the provisions of this act shall be maintained unless notice of the time, place and cause of the injury is given to the employer within thirty days after the injury is received or unless it is commenced within six months from the date of the injury. The notice required by this section shall be in writing, signed by the person injured or by some one in his behalf; but if from physical or mental incapacity it is impossible for the person in. jured to give the notice within the time provided in said section, he may give the same within ten days after the incapacity is removed, and in case of his death without having given the notice and without having been at any time after his injury of sufficient capacity to give the notice the person or persons entitled to claim compensation pursuant to the provisions of this act, or their rejiresentatives, may give such notice within thirty days after the death of such employee. But no notice given under the provisions of

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this section shall be deemed to be invalid or insufficient solely by reason of any inaccuracy in stating the time, place or cause of the injury: Provided, It is shown that there was no intention to mislead, and that the party entitled to notice was not in fact misled thereby.

Sec. 328. Whenever an employee (employer) enters into a con- Employer tract, either written or verbal, with an independent contractor to liable, when. do part of such employer's work, or whenever such contractor enters into a contract with a subcontractor to do all or any part of the work comprised in such contractor's contract with the employer, such contract or subcontract shall not bar the liability of the employer for injuries to the employees of such contractor or subcontractor, by reason of any defect in the condition of the ways, works, machinery, or plant, if they are the property of the employer, or furnished by him, and if such defect arose or had not been discovered or remedied through the negligence of the employer or of some person entrusted by him with the duty of seeing that they were in proper condition. SEC. 329. No employee, or his widow or children, or either of Knowle dge

defect them, or his parents, if there be no such widow or children, shall of

bar. be entitled under this act to any right of compensation or remedy against the employer in any case where such employee knew of the defect or negligence which caused the injury, and failed within a reasonable time to give, or cause to be given, information thereof to the employer, or to some person superior to himself in the service of the employer who had intrusted to him some general superintendence. Sec. 330. Any employer who shall have contributed to an insur

Contribution

to insur ance ance fund created and maintained for the mutual purpose of

fund. indemnifying an employee for personal injuries for which compensation may be recovered under this act, or who has insured the said employee in any insurance company against the accidents of labor, shall be entitled to have deducted from the sum which he shall have to pay as compensation under the provisions of this act, the amount that shall have been received by the person injured, or by his widow, or children, or both of them, or by the parents, if there be no such widow and children, from the aforesaid fund or from the insurance company, by reason of the same accident.

Sec. 331. This act shall not apply to injuries caused to domestic Exceptions. servants, or farm laborers, by fellow-employees.

Contracts of employment-Enforcement. SECTION 369. Every person who shall bring an action for the Order to ulfulfillment of any obligation, may obtain an order from the court fill contract. having cognizance of the suit providing that the proper measures be taken to secure the effectiveness of the judgment as the case may require it, should it be rendered in his favor.

Sec. 370. The effectiveness of the judgment shall be secured in the following manner :

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(c) If the obligation consists in the doing of a thing an attach- Enforce ment shall be issued against the person who is under such obli-ment by attachgation for a sum necessary to execute the work left undone or done otherwise than as provided in the agreement.

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SECTION 553. The orderly and peaceable assembling or coopera

Assemblages,

etc., tion of persons employed in any calling, trade or handicraft, for

lawful. the purpose of obtaining an advance in the rate of wages or compensation, or of maintaining such rate, shall not be unlawful, nor shall it be unlawful for such persons to organize trade or labor

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assemblies or unions for the purpose of bettering the mental and material condition of the members thereof by lawful peaceable means.

Intimidation of employees.

Interference SECTION 554. The employment of force, violence, intimidation with employ, or menace, or any form of coercion, by any person, or by persons ment.

associated together, against any other person or persons, whether with the object of preventing them from freely pursuing their employments, professions or trades or whether with the object of influencing the price or remuneration paid for their work, shall be a misdemeanor, and any person convicted thereof shall be imprisoned not less than thirty days nor more than one year, or fined not less than ten dollars nor more than five hundred dollars, or both fined and imprisoned.

Hours of labor on public works-Residents.

Eight hours SECTION 624.

no laborers shall be compelled to work a day's labor. more than eight hours per day, and they shall be, if possible, resi

dents of the municipality.

Examination and licensing of plumbers. Licensing re- SECTION 764. [It shall be the duty of the board of health] to quired. establish rules

for examination and licensing of plumbers

PENAL CODE.

Protection of employees as voters.

wages, etc.

Discharging, SECTION 188.

if an employer of laborers or any agent withholding of such employer threatens to withhold the wages of, or to dismiss

from service any laborer in his employment, or refuses to allow to any such employee time to attend at the place of election and vote, [he] shall be fined not more than one thousand dollars nor less than twenty dollars, or imprisoned in the penitentiary not more than five years nor less than one year, and disfranchised and rendered incapable of holding any office of trust or profit for any period not exceeding ten years.

Employment of children-Certain employments forbidden. Begging and SECTION 265. Any person, whether as arent, relative, guardian, peddling.

employer or otherwise, having in his care, custody, or control any child under the age of twelve years, who shall sell, apprentice, give away, let out, or otherwise dispose of any such child to any person, under any name, title, or pretense, for the vocation, use, occupation, calling, (or) service of begging, or peddling, in any publie street or highway, or in any mendicant or wandering business whatsoever, and any person who shall take, receive, hire, employ, use, or have in custody any child for such purposes, or either of them, is guilty of a misdemeanor.

Negligence of operators of steam boilers, etc. Negligence en- SECTION 325. Every engineer or other person having charge of dangering life.

any steam boiler, steam engine, or other apparatus for generating or employing steam, used in any manufactory, railway, or other works, who willfully, or from ignorance, or gross neglect, creates, or allows to be created such an undue quantity of steam as to burst or break the boiler, or engine, or apparatus, or cause any other accident whereby human life is endangered, is guilty of a felony.

SEC. 326. Every person having charge of any steam boiler or Negligence steam engine, or other apparatus for generating or employing

causing death. steam used in any manufactory, or on any railroad, or in any vessel, or in any kind of mechanical work, who willfully or from ignorance or neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine, or apparatus, or to cause any other accident whereby the death of a human being is produced, is punishable by imprisonment in the penitentiary for not less than one nor more than ten years.

Sec. 327. Every captain or other person having charge of any Negligence of steamboat used for the conveyance of passengers, or of the boilers captain of and engines thereof, who from ignorance or gross neglect, or for

steamboat. the purpose of excelling any other boat in speed, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, or any apparatus or machinery connected therewith, by which bursting or breaking human life is endangered, is guilty of a felony.

SEC. 328. Every conductor, engineer, brakeman, switchman, or Negligence of other person having charge, wholly or in part, of any railroad car, employees on locomotive, or train, which is used as a common carrier, who railroad. willfully or negligently suffers or causes the same to collide with another car, locomotive, or train, or with any other object or thing whereby the death of a human being is produced is punishable by imprisonment in the penitentiary for not less than one nor more than ten years.

Intoxication of railroad employees, etc.

SECTION 344. Every person who is intoxicated while in charge Intoxicati o n of a locomotive engine, or while acting as conductor or driver of engineer, etc. upon any railroad train or car, whether propelled by steam or electricity, or while acting as train dispatcher, or as telegraph operator, receiving or transmitting dispatches in relation to the movement of trains, is guilty of a misdemeanor.

Protection of employees as members of labor organizations.

SECTION 465. Any person or corporation within Porto Rico, or Restraining agent or officer on behalf of such person or corporation, who shall employees from hereafter coerce or compel any person or persons to enter into an

joining union. agreement, either written or verbal, not to join or become a member of any labor organization, as a condition of such person or persons securing employment or continuing in the employment of any such persons or corporation, shall be guilty of a misdemeanor.

Sunday labor.

SECTION 553. On every Sunday commercial and industrial estab- Sunday labor lishments, excepting public markets, pharmacies, bakeries, hotels,

forbidden.

Exceptions. restaurants, cafes, and places where refreshments only are served, excepting also public and quasi public utilities and works of emergency, necessary to prevent unusual and serious financial loss, shall remain closed and do no business whatever after twelve o'clock noon. This prohibition shall not, however, extend to theaters and other places devoted exclusively to amusements or to charitable purposes; at all such places it shall be lawful to work at any hour on Sunday, but only in aid of such charitable purposes or amusements. SEC. 554. The municipal council of any municipality may, by

Stores and ordinance, require commercial and industrial establishments, in- workshops. cluding those excepted in section 553, or any of them, to remain closed at all hours on Sunday, excepting the works of emergency therein mentioned.

Sec. 556. Any person, firm or corporation violating the provi. Penalties. sions of this title, or any part thereof, or of an order issued by an alcalde, or ordinance passed by a municipal council under

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