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One-half of SEC. 230. Whenever, as provided by this act, any train is opertrain to be con: ated with power or train brakes not less than fifty per centum of

the cars in such train shall have their brakes used and operated by the engineer of the locomotive drawing such train; and all power-braked cars in such train which are associated together with said fifty per centum shall have their brakes so used and operated ; and, to more fully carry into effect the objects of this act, the railroad and warehouse commission may, from time to time, after a full hearing, increase the minimum percentage of cars in any train required to be operated with power or train brakes, which may have their brakes used and operated as aforesa id; and failure to comply with any such requirement of said railroad and warehouse commission shall be subject to the like penalty as failure to comply with any requirements of this

section. Defenses SEC. 231. Any employee of any such common carrier who may negligent em- be injured by any train, locomotive, tender, car or similar vehicle ployer a bola ished.

in use contrary to the provisions of this act, shall not be deemed to have assumed the risks thereby occasioned, nor to have been guilty of contributory negligence, because of continuing in the employment of such common carrier or in the performance of his duties as such employee after the unlawful use of such train, locomotive, tender, car, or similar vehicle, had been brought to

bis knowledge. Narrow gauge

SEC. 232. The railroad and warehouse commission is hereby roads.

empowered to grant to narrow guage [gauge] railroads, upon a full hearing and for good cause, a reasonable extension of time in which to comply with the provisions of this act: Provided, however, That such extension or extensions shall not exceed in the aggregate the period of one year from and after its passage.

of

CHAPTER 121.-Employment of intemperate drivers on public con

veyances.

Intemperate Section 78. No person owning any carriage, running or traveling drivers not to upon any road in this State for the conveyance of passengers, be employed.

shall knowingly employ, or continue in employment, any person to drive such carriage who is addicted to drunkenness or the excessive use of spirituous liquors; and if any such owner shall violate the provisions of this section, he shall forfeit, at the rate

of five dollars per day for all the time he shall keep such driver in Intoxication his employment. Any person driving his own team, or the team

of another, on the public highway, when intoxicated, shall be subject to a fine of not less than three dollars, nor more than twenty-five dollars for each offense.

of drivers.

CHAPTER 122.-Employment of children-School attendance. Attendance SECTION 313 (as amended by act, page 520, Acts of 1907). Every required.

person having control of any child between the ages of seven (7) and sixteen (16) years, shall annually cause such child to attend some public or private school for the entire time during which the school attended is in session, which period shall not be less than one hundred and ten (110) days of actual teaching: Provided, That this act shall not apply in any case where the child has been or is being instructed for a like period of time in each and every year in the elementary branches of education by a person or persons competent to give such instruction, or where the child's physicial or mental condition renders his or her attendance impractical or inexpedient, or where the child is excused for temporary absence for cause by the principal or teacher of the school which said child attends, or where the child is between the ages of fourteen (14) and sixteen (16) years and is necessarily and lawfully employed during the hours when the public school is in

session. Penalty. Sec. 316 (as amended by act, page 520, Acts of 1907). Any per

son having control of a child, who, with intent to evade the provisions of this act, shall make a false statement concerning the age or the employment of such child or the time such child has attended school, shall for such offense forfeit a sum of not less than three dollars ($3.00) nor more than twenty dollars ($20.00) for the use of the public schools of such city, town, village or district.

CHAPTER 131a.—Protection of employees on street railways-In

closed platforms. SECTION 8. Every cable, grip, electric, horse or other street car, Platforms to other than trail cars, which are attached to motor cars, shall be be inclosed. provided during the months of November, December, January, February and March of each year, at both ends with a screen or vestibule constructed of glass or other material, which shall fully and completely protect the driver or motorman or gripman or conductor or other persons stationed on both ends and guiding or directing the motor power by which they are propelled from wind and storm.

SEC, 9. Any person, agent or officer of any association or cor- Penalty. poration violating the provisions of this act shall upon conviction, be fined in any sum not less than $25.00 nor more than $100.00 for each day each car belonging to and used by any such person, association or corporation is directed or permitted to remain unprovided with the screen required in section 1 [8] of this act; and it is hereby made the duty of the prosecuting attorney of each county in this State, to institute the necessary proceedings to enforce the provisions of this act.

ACTS OF 1907.

Accidents to employees-Reports.

(Page 308.)

SECTION 1. It shall be the duty of every person, firm or corpo- Accidents to ration employing laborers, artisans, mechanics, miners, clerks or

be reported. any other servants or employees of any character, to make a report to the State bureau of labor statistics of every serious injury entailing a loss of thirty or more days' time, injury or death of every employee caused by accident while in the performance of any duty or service for such employer within thirty (30) days from the date of such injury or death. Such report shall give the name of the employer, character of business of such employer, where located, date of injury or death, name of person killed or injured, character of employment of service, and cause of such injury or death, and when injury alone, then the character and extent of such injury, residence, nativity and age of the person injured or killed, whether married or single, and, if known, how many persons are dependent upon such employee.

SEC. 2. It shall be the duty of the State bureau of labor sta- Annual retistics to cause such reports to be made and to enforce the provi- ports. sions of this act and shall cause all of such accidents or deaths by accidents to be classified into trades or kinds of employment, and shall cause the same to be published at least once each year on or before January 1st.

SEC, 3. Any person, firm or corporation failing or refusing to Penalty. make the reports as provided in section 1 of this act shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined in a sum not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00).

Inspection of factoriesButterine and ice cream factorics.

(Page 309.)

Sanitation.

SECTION 1. All buildings or rooms occupied by butterine and ice cream manufacturers shall be drained and plumbed in a manner

conducive to the proper and healthful sanitary condition thereof, and shall be constructed with air shafts, windows and ventilating pipes sufficient to insure ventilation. The factory inspector shall direct the proper drainage, plumbing and ventilation of such rooms or buildings. No cellar or basement now used for the manufacture of butterine or ice cream shall be so occupied or used uniess the proprietor shall comply with the sanitary provisions

of this act. Construc- SEC. 2. Every room used for the manufacture of butterine and tion.

ice cream shall be at least eight feet in height, and shall hare, if deemed necessary by the factory inspector, an impermeable floor, constructed of cement, or of tiles laid in cement, or an additional flooring of wood, properly saturated with livseed oil. The side walls of such room shall be plastered and wainscoted. The factory inspector may require the side walls and ceiling to be whitewashed at least once in three months. He may also require the woodwork of such walls to be painted. The furniture and uten

sils shall be so arranged as to be readily cleansed, and not preStorage, etc. vent the proper cleaning of any part of the room. The manu

factured butterine and ice cream shall be kept in dry and airy rooms, so arranged that the floors, shelves and all other facilities for storing the same can be properly cleaned. No domestic animal shall be allowed to remain in a room where butterine or ice cream is manufactured or stored, and no water closets or ash pit shall be within or connected with the rooms used in the manufac

ture of butterine or ice cream. Inspection. Sec. 3. The State factory inspector shall cause such manufae

tories to be inspected. If it be found, upon such inspection, that the manufactories so inspected are constructed and conducted in compliance with the provisions of this act, the factory inspector shall issue a certificate to the persons owning or conducting such

manufactories. Alterations. SEC. 4. If, in the opinion of the State factory inspector, altera

tions are required in or upon premises occupied and used as butterine and ice cream manufactories, in order to comply with the provisions of this act, a written notice shall be served by him upon the owner, agent or lessee of such premises, either personally or by mail, requiring such alterations to be made within sixty days after such service, and such alterations shall be made ac

cordingly. Violations.

SEC. 5. Any person who violates any of the provisions of this act, or refuses to comply with any of the requirements as provided herein, of the factory inspector or his deputy, who are hereby charged with the enforcement of this act, shall be guilty of a misdemeanor, and, on conviction shall be punished by a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200), nor more than five hundred dollars ($500) for the second offense, or imprisonment for not more than thirty days, and for a third offense by a fine of not less than five hundred dollars ($500) nor more than sixty (60) days imprisonment, or both.

Protection of employees on buildings.

(Page 312.) Scaffolds,

SECTION 1. All scaffolds, hoists, cranes, stays, ladders, supports etc.

or other mechanical contrivances, erected or constructed by any person, firm or corporation in this State for the use in the erection, repairing, alteration, removal or painting of any house, building, bridge, viaduct or other structure, shall be erected and constructed in a safe, suitable and proper manner, and shall be so erected and constructed, placed and operated as to give proper and adequate protection to the life and limb of any person or persons employed or engaged thereon, or passing under or by the same, and in such manner as to prevent the falling of any material that may be used or deposited thereon.

Scaffolding, or staging, swung or suspended from an overhead support more than twenty (20) feet from the ground or floor shall have, where practicable, a safety rail properly bolted, secured and braced, rising a [at] least thirty-four (34) inches above the floor or main portion of such scaffolding or staging, and extending along the entire length of the outside and ends thereof, and properly attached thereto, and such scaffolding or staging shall be so fastened as to prevent the same from swaying from the building or structure.

Sec. 3. It shall be the duty of the owner of every house, build- Strength of ing or structure (except a private house, used exclusively as a

floor during

construction. private residence) now under construction, or hereafter to be constructed, to affix and display conspicuously, on each floor of such building, during construction, a placard, stating the load per square floor (foot] of floor surface, which may with safety be applied to that particular floor during such construction; or if the strength of different parts of any floor varies, then there shall be such placards for each varying part of such floor. It shall be unlawful to load any such floors, or any part thereof, to a greater extent than the load indicated on such placards, and all such placards shall be verified and approved by the State factory ivspector, a deputy factory inspector, or by the local commissioner or inspector of buildings or other proper authority, in the city, town or village charged with the enforcement of building laws.

Sec. 4. Whenever it shall come to the notice of the State factory Inspection. inspector or the local authority in any city, town or village in this State, charged with the duty of enforcing the building laws, that the scaffolding or the slings, hangers, blocks, pulleys, stays, braces, ladders, irons or ropes of any swinging or stationary scaffolding, platform or other similar device used in the construction, alteration, repairing, removing, cleaning or painting of buildings, bridges or viaducts within this State are unsafe, or liable to prove dangerous to the life or limb of any person, the State factory inspector, or such local authority or authorities, shall immediately cause an inspection to be made of such scaffolding, platform or device, or the slings, hangers, blocks, pulleys, stays, braces, ladders, iron or other parts connected therewith. If, after examination, such scaffolding, platform or device or any of such parts is found to be dangerous to the life or limb of any person, the State factory inspector or such local authority shall at once notify the person responsible for its erection or maintenance of such fact, and warn him against the use, maintenance or operation thereof, and prohibit the use thereof, and require the same to be altered and reconstructed so as to avoid such danger. Such notice may be served personally upon the person responsible for its erection or maintenance, or by conspicuously affixing it to the scaffolding, piatform or other such device, or the part thereof declared to be unsafe. After such notice has been so served or affixed, the person responsible therefor shall cease using and immediately remove such scaffolding, platform or other device or part thereof and alter or strengthen it in such manner as to render it safe. The State factory inspector or any of his deputies, or such

Tests. Jecal authority, whose duty it is, under the terms of this act, to examine or test any scaffolding, platform or other similar device, or part thereof, required to be erected and maintained by this section, shall have free access at all reasonable hours to any building or structure or premises containing such scaffolding, platform or other similar device, or parts thereof, or where they may be in use. All swinging and stationary scaffolding, platforms and other devices shall be so constructed as to bear four times the maximum weight required to be dependent therein or placed thereon when in use, and such swinging scaffolding, platform or other device shall not be so overloaded or overcrowded as to render the same unsafe or dangerous.

Secondary SEC. 5. Any person, firm or corporation in this State hiring, scaffold.

employing or directing another to perform labor of any kind in the erecting, repairing, altering of painting of any water pipe, standpipe, tank, smokestack, chimney, tower, steeple, pole, staff, dome or cupola, when the use of any scaffold, staging, swing, hammock, support, temporary platform or other similar contrivance are required or used in the performance of such labor, shall keep and maintain at all times, while such labor is being performed, and such mechanical device is in use or operation, a safe and proper scaffold, stay, support or other suitable device, not less than sixteen (16) feet or more, below such working scaffold, staging, swing, hammock, support or temporary platform, when such work is being performed, at a height of thirty-two (32) feet, for the purpose of preventing the person or persons performing such labor from falling, in case of any accident to such working scaffold,

staging, swing, hammock, support or temporary platform. Floors to be Sec. 6. All contractors and owners, when constructing buildings filled in.

in cities, where the plans and specifications require the floors to be arched between the beams thereof, or where the floors of (or] filling in between the floors are fireproof material or brickwork, shall complete the flooring or filling in as the building progresses, to not less than within three tiers or beams below that on which the ironwork is being erected. If the plans and specifications of such buildings do not require filling in between the beams or floors with brick or fireproof material, all contractors for carpenter work in the course of construction shall lay the under flooring thereof or a safe temporary floor on each story as the building progresses to not less than within two stories or floors below the one to which such building has been erected. Where double floors are not to be used, such owner or contractor shall keep planked over the floor two stories or floors below the story where the work is being performed. If the floor beams are of iron or steel, the contractors for the iron or steel work of buildings in the course of construction, or the owners of such buildings, shall thoroughly plank over the entire tier of iron or steel beans on which the structural iron or steel work is being erected, except such spaces as may be reasonably required for the proper construction of such iron or steel work and for the raising and lowering of materials to be used in the construction of such buildings, or such spaces as may be designated by the plans and specifications for stairways

and elevator shafts. Hoist shafts. SEC. 7. If elevating machines or hoisting apparatus are used

within a building in the course of construction for the purpose of lifting materials to be used in such construction, the contractors or owners shall cause the shafts or openings in each floor to be inclosed or fenced in on all sides by a substantial barrier or railing at least eight feet in height. Any hoisting machine or engine used in such building construction shall, where practicable, be set up or placed on the ground, and where it is necessary in the construction of such building to place such hoisting machine or engine on some floor above the ground floor, such machine or engine must be properly and securely supported with a foundation capable of safely sustaining twice the weight of such machine or engine. If a building in course of construction is five stories or more in height, no material needed for such construction shall be hoisted or lifted over public streets or alleys unless such street or alley shall be barricaded from use by the public. The chief officer in any city, town or village charged with the enforcement of local building laws, and the State factory inspector, are hereby charged with enforcing the provisions of this act: Provided, That in all cities in the State where a local building commissioner is provided for by law, such officer shall be charged with the duty of enforcing the provisions of this act, and in case of his failure, neglect or refusal so to do, the State factory inspector shall, pur

suant to the terms of this act, enforce the provisions thereof. Signals, Sec. Ta. If elevating machines or hoisting apparatus, operated

or controlled by other than hand power, are used in the construc

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