the authority of this title, shall be fined in the police court for the first offense in a sum which shall not be less than five dollars ($5) nor exceed ten dollars ($10); and for a subsequent offense, in a sum which shall not be less than ten dollars, ($10) nor exceed twenty-five dollars ($25). And for this purpose, the police courts shall have jurisdiction to impose the fines herein provided ; and in all cases in which the fine imposed shall exceed, excluding costs, the sum of ten dollars ($10), an appeal may be taken to the proper district court in the manner provided by law for other appeals from the police courts. In default of the payment of any fine imposed hereuuder [hereunder] within three days after the judgment shall have been entered or the appeal dismissed, the person convicted shall pay the said fine by imprisonment in the municipal jail, or in any other penal institution, at the rate of one day for each half dollar of said fine remaining unpaid.

Civil CODE.

Earnings of minors.

ents, when.

* *

Usufruct be- SECTION 225. Property acquired by an unemancipated child by longs to par- labor or industry, or for any valuable consideration, belongs to

the said child, but the usufruct thereof belongs to the parents having potestas over him whilst he lives in their company; but if the child, with the consent of his parents, lives independently, he shall be deemed emancipated for all effects as regards the said property, and he shall be the full owner and have the usufruct and administration thereof.

Employment of labor-General provisions. Term.

SECTION 1486 (as amended by act, page 35, Acts of 1906). The services of servants and laborers may be contracted for a fixed period of time, or without a fixed period. A hiring for life

shall be void. Termination. SEC. 1487. A domestic servant hired for a fixed time and to be

employed in the personal service of his master, or of the family of the latter, may leave the service or be dismissed before the expiration of the term ; but if the master dismisses the servant without sufficient cause, he shall indemnify him by paying him

the wages due and those for fifteen additional days. Master to be The master shall be believed, unless there is proof to the conbelieved. trary

1. With regard to the amount of the wages of the domestic servant.

2. With regard to the payment of the wages earned during the

current year. Special laws. SEC. 1488. Besides what is prescribed in the preceding sections

with regard to masters and servants, the provisions of special

laws and ordinances shall be observed. Employees for SEC. 1489. Field hands, mechanics, artisans, and other laborers

hired for a certain time and for a certain work can not leave nor be dismissed, without sufficient cause, before the fulfillment of the

contract. Dispossession

SEC. 1490. The dismissal of the servants, mechanics, artisans, of implements, and other hired laborers to which the preceding sections refer etc.

gives the right to dispossess them of the implements and of the

buildings which they may occupy by reason of their duties. Contract may

Sec. 1491. The execution of a work may be contracted for by Include what. agreeing that the person who is to execute the same shall give his

labor or industry only, or that he furnish the materials also. Coptr a ctor SEC. 1492. If the person who contracted for the work bound liable for de: himself to furnish the materials, he shall suffer the loss in case struction work, when.

of the destruction of the work before it is delivered, unless there

has been delay in receiving it. Work man Sec. 1493. A person who has bound himself to give his labor or can not recov- industry only can not demand any payment if the work is deer, when,

stroyed before it is delivered, unless there should have been delay

fixed term.



in receiving the same, or if the destruction should have been due to the bad quality of the materials, provided that he may have given due notice of this circumstance to the owner.

Sec. 1495. A person who binds himself to do a work by piece or Work by piece. by measure may demand of the owner that he receive it in installments, and that he pay therefor in proportion. The part paid for shall be presumed as approved and received. Sec, 1498. When a certain work has been intrusted to a person

Personal conby reason of his personal qualifications, the contract is rescinded by the death of said person.

In such case, the owner must pay to the heirs of the constructor [contractor), in proportion to the price agreed upon, the value of the part of the work executed, and that of the prepared materials, provided he may obtain any benefit from such materials.

The same shall be understood if the person who contracted for the work can not finish it by reason of any cause independent of his will.

SEC. 1499. A contractor is responsible for the work done by the Liability of persons he employs thereon.

contractor. SEC. 1500. Those who furnish their labor and materials in a Recovery on work agreed upon for a lump sum by a contractor have no action entire conagainst the owner, except for the amount the latter may owe the former when the action is brought.

Sec. 1501. When it should be agreed that the work is to be done Acceptance of to the satisfaction of the owner, in the absence of his acceptance work. the approval is understood as reserved for the proper expert judgment.

If the person who has to approve the work is a third person, bis decision shall be final.

SEC. 1502. Should there be no agreement or custom to the con- Earnings trary, the price for the work must be paid upon delivery. be paid, when.

Sec. 1503. A person who has executed a work on personal prop- Work erty has the right to retain the same as a pledge until he is paid be retained. therefor.




m a y

Exemption of wages from execution.

SECTION 249 (as amended by act, page 7, Acts of 1904, extraor- What earndinary session). In addition to the homestead exempted by the ings exempt. homestead law, the following property belonging to an actual resident of this Island is exempted from execution, except as herein otherwise specially provided :

[ocr errors]

7. The earnings of the judgment debtor for personal services rendered at any time within thirty days next preceding the levy of execution, or levy of attachment, when it appears by the debtor's affidavit, or otherwise, that such earnings are necessary for the use of his family residence in this Island, supported wholly or in part by his labor: Provided, This act shall not authorize the garnishment of the fees or salary of any public officer or employee.


ACTS OF 1904,

Eight-hour day.

(Page 81.) SECTION 1. Eight hours shall constitute the maximum length of Limit of eight a working-day for any work performed and paid out of funds

hours. from the municipalities, school boards, and all other dependencies of the people of Porto Rico.

SEC. 2. In all contracts for work to be paid out of the funds of Contracts. the people of Porto Rico, municipalities or school boards, each of said contracts shall contain a provision limiting a day's work to eight hours.

Emergencies. SEC. 3. In works of a public nature, a working-day may be

lengthened only in cases where the lives and property of the inhabitants of a municipality or of the insular government would be endangered, if same were not done. This act shall not apply to the insular police force, internal revenue agents, telegraph operators and telegraph messengers, nor to the clerks of the departments of the insular government when, in the opinion of the heads of such departments, work beyond eight hours by them is necessary

in the interest of the public service. Violation. SEC. 4. Any person who shall willfully or maliciously violate the

provisions of this act, except as specified in section 3 hereof, shall be guilty of misdemeanor.



CHAPTER 40.-Intelligence offices.

[blocks in formation]

SECTION 18. Town councils may license suitable persons as keepers of intelligence offices for the purpose of obtaining or giving information concerning places of employment of domestics, servants or other laborers, except seamen, or for the purpose of procuring or giving information concerning such person for or to employers, or for the purpose of procuring or giving information concerning employment in business; and may fix the amount to be paid for such licenses; and may revoke such licenses at pleasure. And whoever, without a license therefor, establishes or keeps an intelligence office for the purposes named in this section, shall be fined ten dollars for each day such office is so kept.

CHAPTER 64 (as amended by, chapter 1009, enacted 1902).-Em

ployment of children.

Age limit. SECTION 4. No minor child who has not completed thirteen

years of life shall be employed to labor or at service, or engage in business, except during the vacations of the public schools of the city or town wherein such child resides, or as provided for by section one of this chapter [child's wages needed for support of

family, etc.). Employment Sec. 5. No minor child who has not completed fifteen years of certificate.

life shall be employed to labor or at service unless he shall present to his employer a certificate made by or under the direction of the school committee of the city or town wherein such child resides; said certificate shall be made on a blank and in a form furnished by the secretary of the State board of education and shall state the name, place and date of birth of said child, the

name and residence of the person having control of said child. Penalty. Sec. 6. Every person, whether principal or agent, who shall em

ploy or permit to be employed or shall aid or abet the employment to labor or at service of any minor child above described in section 4, who has not complied with the provisions above recited in section five, shall for every such offense or neglect of such duty be fined not exceeding twenty dollars.

CHAPTER 68.-Factories and workshops-Inspection, etc.

Age limit of SECTION 1 (as amended by chapter 1215, enacted 1905). No children.

child under thirteen years of age shall, on or before the thirty-first day of December, A. D. 1906, and no child under fourteen years of age shall, after said thirty-first day of December, A. D. 1906, be employed or permitted or suffered to work in any factory, manufacturing or business establishment within this State, and no child under sixteen years of age shall be employed or permitted or

suffered to work in any factory or manufacturing or business esNight work. tablishment within this State between the hours of eight o'clock

in the afternoon of any day and six o'clock in the forenoon of the


following day: Provided, however, That this restriction as to hours of work shall not apply to mercantile establishments on Saturdays, or on either of the four days immediately preceding Christmas in each year. No child under sixteen years of age shall be employed or permitted or suffered to work in any factory or manufacturing or business establishment unless said child shall present to the person or corporation employing him or her a certificate, given by or under the direction of the school committee of the city or town in which said child resides, certifying, if said certificate is presented on or before the thirty-first day of December, A. D. 1906, that such child has completed thirteen years of age, and if said certificate is presented after said thirty-first day of December, A. D. 1906, that said child has completed fourteen years of age, and stating the name, date and place of birth of such child, which facts shall be substantiated by a duly attested copy of birth certificate, ba ptismal certificate, or passport, stating also the name and place of residence of the person having control of such child : Provided, however, That all age certificates in force at the time of the passage of this act shall be valid until the first day of January, A. D. 1906, and no longer. All certificates required by this act relating to the qualification of children employed in any factory or manufacturing or business establishment coming under the provision of this statute shall be kept by the employer at the place where such child is employed, and shall be shown to the factory inspectors provided for in this chapter, or either or any of them, on demand by said inspector or inspectors; and the proprietor or manager of any such factory or manufacturing or business establishment who shall refuse to show to any factory inspector any such certificate when demand is made therefor shall be deemed guilty of a misdemeanor and, on conviction, be punished by a fine of not less than ten dollars nor more than fifty dollars. When any child employed under the provisions of this section leaves his employment, the person or corporation by whom such child has been employed shall, on demand by said child, deliver to him (or her) the certificate on the authority of which such child has been employed or, if such certificate is not demanded by sa id child, shall within two weeks after said child has left the employment of said person or corporation send said certificate to the school committee which issued it, or such person as the school committee may designate. The school committee of each town, or such person as the school committee may designate to issue the certificates provided for in this section, shall keep on file a copy of each certificate granted, together with the evidence of the date of birth on the basis of which such certificate is granted. The certificates provided for in this section shall be uniform throughout the State and in the following form or such substantially similar form as may be approved by the secretary of the State board of education.



This certifies that I am the (father, mother, guardian, or custodian) of (name of child)

and that (he or she) was born at (name of town or city)

in the county (name of county, if known) and State (or country) of

on the (day and year of birth)

and is now (number of years and months)

old. (Signature of father, mother, guardian, or custodian.) (Town or city and date.)

There personally appeared before me the above-named (name of person signing)

and made oath that the foregoing certificate by (him or her) signed is true to the best of (his or her) knowledge and belief. I hereby approve the foregoing certificate of (name of child)

height (feet and inches) eyes (color)

complexion (fair or dark) hair

(color) having no sufficient reason to doubt that (he or she) is of the age therein certified, and is apparently in sound health and physically able to perform the work which (he or she) intends to do.

This certificate belongs to (name of child in whose behalf it is drawn)

and is to be surrendered to (him or her) whenever (he or she) leaves the service of the corporation or employer holding the same; but if not claimed by said child within two weeks from such time it shall be returned to the school committee or such person as such committee may designate. (Signature of person authorized to approve and sign,

with official character or authority.) (Town or city, and date.)

No action will lie to recover a minor's wages earned while employed in

violation of this statute. 13 R. I. 299. Application SEC. 2 (as amended by chapter 1458, enacted 1907). Every perof law.

son, firm, or corporation doing business within this State emplosing five or more persons, or employing any child under sixteen years of age, shall be subject to the provisions of this chapter, whatever shall be the business conducted by said person, firm, or corporation : Provided, however, That the provisions of this act shall not apply to children employed in household service or in agricultural pursuits: And provided, further, That said provisions shall not apply to the employment of children in the vocation, occupation, or service of rope or wire walking, or as gymnasts, wrestlers, contortionists, equestrian performers, or acrobats, riders upon bicycles or mechanical contrivances, or in any dancing, theatrical, or musical exhibition, but the employment of children in any vocation, occupation, or service enumerated in this proviso shall continue to be governed by the provisions of the General

Laws, chapter 115, and the several amendments thereof. Inspectors. Sec. 3 (as amended by chapter 1215, enacted 1905). The gor

ernor shall, in the week following the passage of this act, and in the month of January of every third year hereafter, appoint, with the advice and consent of the senate, one chief and two assistant factory inspectors, one of whom shall be a woman, whose term of office shall be three years and until their successors shall be so appointed and qualified. Any vacancy which may occur in said offices when the senate is not in session shall be filled by the gov. ernor until the next session thereof, when he shall, with the ad. vice and consent of the senate, appoint some person to fill such vacancy for the remainder of the term. Said inspector shall be empowered to visit and inspect at all reasonable hours and as often as practicable the factories, workshops, and other establishments in this State subject to the provisions of this chapter, and shall report to the general assembly of this State at its January session in each year, including in said reports the names of the factories, the number of such hands employed, and the number of hours of work performed in each week. It shall also be the duty of said inspectors to enforce the provisions of this chapter and prosecute all violations of the same before any court of competent jurisdiction in the State. The name and residence of any child found working without the certificate provided for in section one of this chapter shall be reported by the chief factory inspector to the school committee in the city or town where such child resides. Said inspectors shall devote their whole time and attention to the duties of their respective offices, under the direction of the chief inspector. The annual salary of the chief inspector shall be two thousand dollars, and each of the assistant inspectors fifteen hun.

dred dollars. Expenses. SEC. 4 (as amended by chapter 1215, enacted 1905). All neces

sary expenses incurred by such inspectors in the discharge of their duty shall be paid from the funds of the State, upon the presentation of proper vouchers for the same approved by the gor. ernor : Provided, That not more than two thousand dollars in the

« ForrigeFortsett »