Penalty.

Application of law.

Definitions.

meled connection with such lawful labor organization, he or they shall be guilty of a misdemeanor, and on conviction thereof shall be liable to a fine of not more than two thousand nor less than one thousand dollars ($1,000), and imprisonment for a term not exceeding one year, or either, or both, in the discretion of the court. This act is unconstitutional. 14 Superior Ct. 435.

(The act is published, inasmuch as it has not yet been passed upon by the supreme court.)

Inspection of steam vessels-Examination and licensing of engineers, etc.

(Page 866.)

SECTION 1. This act shall be applicable to all vessels propelled by machinery, and carrying passengers for hire, navigating the lakes within the jurisdiction of this Commonwealth, excepting vessels which are subject to inspection under the laws of the United States.

SEC. 2. As used in this act, the term master includes every person having, for the time, charge, control or direction of a vessel; the term vessel includes every vessel propelled, in whole or in part, by machinery, and carrying passengers for hire.

Duty of fac- SEC. 3. The factory inspector's department shall superintend the tory inspector. administration of the provisions of this act, and within thirty days after its passage and thereafter, from time to time, the inspector shall proceed to discharge the duties imposed upon him by the provisions of this act, and make the necessary reports from time to time.

Inspections.

Boilers.

SEC. 4. The inspector shall annually, or oftener if he have good cause to believe it reasonable, inspect every steam vessel engaged in carrying passengers for hire, or towing for hire, examine carefully her hull, boats and other equipments, examine her engine and boiler, 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 he may require such changes, repairs and improvements to be adopted and used as he may deem expedient for the contemplated business. He shall also fix the number of passengers that may be transported. The inspector shall also, whenever he deems it expedient to visit any vessel licensed under this act, and examine into her condition, for the purpose of ascertaining whether or not any party thereon, having a certificate from said inspector, has conformed to and obeyed the conditions of such certificate and the provisions of this act; and the owner, master, pilot, captain, or engineer, of such vessel, shall answer all reasonable questions, and give all information in his or their power, in regard to said vessel, her machinery, and the manner of managing the same. In case of damage by fire or by explosion or by means of an electrical apparatus, the inspector may investigate the cause thereof, and if found by him to have been occasioned by a violation of any of the provisions of this act, or of the order, regulations and requirements of said inspector, he shall so certify to the district attorney of the county, for such violation as occurred, together with the names of the persons guilty thereof, and of the witnesses.

SEC. 5. The inspector shall also test the boilers of all steam vessels, before the same shall be used, and at least once in every year thereafter. In subjecting to the hydrostatic test boilers, called and usually known under the designation of high-pressure boilers, the hydrostatic pressure applied must be in proportion of one hundred and fifty pounds to the square inch to one hundred pounds to the square inch of the steam pressure allowed. And in subjecting to the hydrostatic test that class of boilers usually designated and known as low-pressure boilers, the inspector shall allow,

as the working power of each new boiler, a pressure of only threefourths the number of pounds to the square inch to which it shall have been subjected by the hydrostatic test, and found to be sufficient therefor; but should said inspector be of opinion that such boiler, by reason of its construction or material, will not safely allow so high a working pressure, he may, for reasons specially stated in his certificate, fix the working pressure of such boiler at less than three-fourths of said test pressure; and no boiler or pipe, or any of the connections therewith, shall be approved which is made in whole or in part of bad material, or is unsafe in its form, or dangerous from defect of workmanship, age, use, or other cause. In addition to the hydrostatic test, as herein provided, the inspector may cause a hammer test to be made, and an internal examination of such boiler or boilers, so tested, whenever deemed necessary. Any boiler, having been in use ten years or more, may be drilled at the bottom of shell, or boiler, and also at such other points as the inspector may direct, to determine the thickness of such material at those points; and the general condition of such boiler or boilers at the time of inspection, and the steam pressure allowed, shall be determined by such ascertained thickness and general condition of the boiler. He shall also see that all connections to said boiler or engines are of suitable material, size and construction, and that the boiler, machinery and appurtenances are such as may be employed with safety in the service to be performed. He shall also satisfy himself that the safety valves are of suitable dimensions, and that the weights of the same are properly adjusted, so as to allow no greater pressure than the maximum amount prescribed by him; and that there is a sufficient number of gauge cocks, properly attached to the boiler, so as to indicate the quantity of water therein; and suitable steam gauges, to correctly show the amount of steam carried; and so as [to] any other matter connected with such steam vessel, or the machinery thereof, that [to] said inspector shall appear necessary to the safety of her passengers and crew. And he shall make such inspection, examination and test of naphtha (or gas) launches and electric launches, carrying passengers for hire, and their apparatus and machinery, as will enable him to determine whether they can be safely used in navigation.

SEC. 6. The inspector, if satisfied that such vessel is in all respects safe and conforms to the requirements of this act, shall make and subscribe duplicate certificates, setting forth the age of the vessel and date of inspection, the name of the vessel, the name of the owner, the master, the number of licensed officers and the crew deemed necessary to manage the vessel with safety, the number of life-preservers required, and the number of passengers that she can safely carry; and, if a steam vessel, the age of the boiler, and the pressure of steam she is authorized to carry. * One of said certificates shall be kept posted in some conspicuous place on the vessel, to be designated by the inspector in the certificate, and the other copy shall be kept by the inspector, and by him recorded in a book to be kept for that purpose. If the inspector refuse to grant a certificate of approval, he shall make a statement, in writing, giving his reason for such refusal, and deliver the same to the owner or master of the vessel.

*

Certificates.

SEC. 8. All vessels to which this act is applicable shall hereafter Safeguards be so constructed that the woodwork about the boiler, chimney, against fire. fire boxes, stove and steam pipes, exposed to ignition, shall be shielded by some incombustible material (and, where the inspector deems necessary, so) that the air may circulate freely between such material and woodwork, or other ignitable substances; and, before granting a certificate of inspection, the inspector shall require that all other necessary provisions be made, throughout such vessel, as he may judge expedient, to guard against loss or damage by fire.

ers.

Life-preserv

Loading safety valves.

Examination

etc.

SEC. 10. Every steam vessel or vessel propelled by machinery, used in the transportation of passengers for hire, shall have a life-preserver or life float for each passenger she is allowed to carry, and for each member of her crew. Such life-preserver

shall be made of good, sound cork blocks, adjustable to the body of a person, with belts or shoulder straps properly attached, and shall be so constructed as to place the cork underneath the shoulders and around the body of a person wearing it; each such lifepreserver to contain at least six pounds of good cork, having a buoyancy of at least four pounds to each pound of cork; and such life floats shall be constructed of dry pine plank, at least four feet long, two inches thick and twelve inches wide; and it shall be the duty of the inspector to satisfactorily ascertain that every life-preserver and such life floats are as herein required. Such life-preservers and life floats shall be in convenient, accessible places, in readiness for immediate use in case of ascident [accident]; and the place where the same are to be kept shall be designated in the inspector's certificate, and also pointed out by printed notice, posted in such places as the inspector directs.

SEC. 11. 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 inspector's certificate, or intentionally deranges or hinders the operation of any machinery or device employed to denote the stage of water or steam in any boiler, or to give warning of approaching danger, or intentionally permits the water to fall below the low-water limit of the boiler, shall forfeit to the Commonwealth the sum of one hundred dollars for each violation.

SEC. 12. I very person employed as a master, pilot or engineer of engineers, on board of a vessel, propelled by machinery, carrying passengers for hire, shall be examined by the inspector as to his qualifications; and, if satisfied therewith, he shall grant him a license, for the term of one year, for such boat, boats or class of boats as said inspector may specify in such license. (Such examination shall be a practical and not a theoretical examination, and such as will show fitness for the duties or work required.) In a proper case, the license may permit, and specify, that the master may act as a pilot, and in case of small vessels, as engineer and pilot. The license shall be framed under glass, and posted in some conspicuous place on the vessel on which he may act. Whoever acts as masters [master], pilot or engineer, without having first received such license (or upon a boat or class of boats not specified in his license[)], shall be liable to a penalty of fifty dollars each day he so acts, except as in this act otherwise specified; and such license may be revoked by the inspector for intemperance, incompetency, or willful violation of duty.

License.

steam.

Creating unSEC. 14. No master, engineer or other person, having charge of safe amount of the boiler or apparatus for the generation of steam of any vessel, shall create or allow to be created an undue or unsafe quantity of steam, in order to increase the speed of such steamboat or to excel another in speed. Any person violating the provisions of this section shall forfeit to the people of the Commonwealth the sum of two hundred dollars for every such violation.

Violations.

Liability of

owner.

SEC. 15. Every master of a steamboat or vessel who shall violate any of the preceding sections of this article shall, for every such violation, forfeit to the Commonwealth the sum of one hundred dollars, unless a different penalty is prescribed.

SEC. 16. The owner of every steamboat or vessel shall be responsible for the good conduct of the master employed by him, and if any penalty incurred by such master is not paid by him, and can not be collected from him by due course of law, it may be recovered of the owner or owners, jointly or severally, of the steamboat or vessel, in whose employ he was at the time of incurring

of such penalty, in the same manner as if such owner or owners were sureties of the master.

Act to be

SEC. 17. The master of every licensed vessel shall keep a copy of the preceding sections of this act posted in a conspicuous place posted. on such vessel, for the inspection of all persons on board thereof. Every master violating the provisions of this section shall forfeit to the Commonwealth twenty-five dollars, for each month while such violation continues.

SEC. 18. The inspector shall, on or before the first day of Jan- Report. uary in each year, make a verified report to the governor, containing a detailed statement of the names and number of vessels examined and licensed, the names and number of vessels to which licenses were refused, and stating the reasons for refusal, the names and number of persons examined and licensed, the names of and number to whom licenses were refused, and stating the reason therefor, and may include in such report any other information the inspector may deem desirable.

SEC. 19. All steam vessels, naphtha (gas) and electric launches, carrying passengers for hire, must comply with all the terms and provisions of the preceding sections, and with all orders, regulations and requirements of the inspector; if any such vessel is navigated without complying therewith, except as herein stated, or without requisite certificates of the inspector, the owners and masters shall forfeit to the Commonwealth the penalties prescribed in this act; and the vessel, so navigated, shall also be liable therefor, and may be attached and proceeded against in any court having jurisdiction. But if any such vessel is deprived of the services of any licensed officer, without the consent, fault or collusion of the master, owner or any person interested in the vessel, the deficiency may be temporarily supplied, until a licensed officer can be obtained. If the owner or master of any vessel, at least twenty days before the expiration of his certificate, notify the inspector of such expiration, and request a new inspection and certificate, the certificate then expiring shall continue in force until an inspection is made; and such owners and masters are not liable for any penalties, provided in this act, on account of navigating said vessel without such new certificate.

What vessels must comply.

SEC. 20. For the purpose of carrying out the provisions of this Deputy inact, the factory inspector is hereby empowered and directed to spectors. appoint two deputy inspectors, at a salary of one thousand two hundred dollars per annum, who shall have a practical knowledge of marine engines, boilers and machinery, whose duty it shall be to make the inspections required by this act, and make report thereof to the factory inspector. The word inspector, as used in this act, is to be construed as meaning the factory inspector or his deputy.

Payment of wages-Taxation of unredeemed scrip.

(Page 874.)

SECTION 1. Every person, firm, partnership, corporation, or association shall, upon, the first day of November of each and every year make a report, under oath or affirmation, to the auditor general, of the number and amount of all orders, checks, dividers, coupons, pass books, and all other books and papers, representing the amount, in part or whole, of the wages or earnings of an employee, that was given, made or issued by him, them or it for payment of labor, and not redeemed by the said person, firm, partnership, corporation, or association, giving, making or issuing the same, by paying to the employee or a member of his family the full face value of said order, check, divider, coupon, pass book, or other paper, representing an amount due for wages or earnings, in lawful money of the United States, within (30) days from the giving, making or issuing thereof; the honoring, though, of said order, check, divider, coupon, pass book, or other paper, representing an amount due for wages or earnings, by a

Report to auditor general.

Taxation

duly chartered bank, by the payment in lawful money of the United States, to the amount of said paper, representing an of amount due for wages or earnings, is a payment, and he, they or outstanding it shall, besides other requirements of law, pay into [the] treasury orders, etc. of the Commonwealth (25) per centum on the face value of such orders, checks, dividers, coupons, pass books, or other paper, representing an amount due for wages or earnings, not redeemed as aforesaid; and in case any person, firm, partnership, corporation, or association shall neglect or refuse to make report, required by this section, to the auditor general, on or before the first day of December of each and every year, such person, firm, partnership, corporation, or association, so neglecting or refusing, shall, besides other requirements of law, pay as a penalty into the State treasury twenty-five (25) per centum, in adition to the twenty-five (25) per centum tax imposed as aforesaid in this section, on the face value of all such orders, checks, dividers, coupon[s], pass books, or other paper, representing an amount due for wages or earnings, not redeemed by paying the employee or a member of his family in lawful money of the United States, within said thirty (30) days, by the person, firm, partnership, corporation, or association making, giving or issuing the same; the honoring of paper, representing wages or earnings, by a bank is a sufficient payment: Provided, This act shall not apply to tools and blasting material, and other mine supplies, furnished by the employer to the employee, used by the employee at or about the employee's vocation; nor to coal sold by the employer to the employee, nor to rent for houses leased from the employer and occupied by the employee:" And provided further, That this act shall not apply to moneys paid to the treasurers of the employees about coal mines, who have agreed to have a pro rata part of their earnings paid by the operator to such treasurers, who are to pay check weighmen or check measurers.

Provisos.

Taxes to be

wages.

66

[The following laws enacted in 1897 do not appear in Brightly's Digest, but as they have been neither repealed nor declared unconstitutional, they are given herewith as valid:]

ACT No. 108.--Liability of employers of aliens for taxes of employees.

SECTION 1. * * all corporations, associations, companies, deducted from firms or individuals employing persons who are not citizens of the United States shall, upon the receipt of a written notice from the tax collector of the county or district in which such taxes was [were] assessed, containing the name or names of the taxable or taxables and the amounts respectively due, deduct from the wages or earnings of such employee or employees a sum sufficient to pay the respective amounts of taxes assessed against each of such alien employees, and pay the same to the collectors of the district in which said aliens are employed within sixty days after said notice shall have been given.

Penalty.

Eight hours a day's labor.

SEC. 2. Any corporation, association, company, firm or individual failing to comply with the provisions of this act shall forfeit and pay the sum of double the amount of the tax for each and every taxable whose taxes are not withheld and paid over as herein directed, to be recovered by action of assumpsit as debts of like amount are now by law recoverable, and when collected shall be paid into the treasury of the county in which such alien labor is or was employed for the use of such county.

ACT No. 379.-Hours of labor on public works.

SECTION 1. eight hours out of the twenty-four of each day shall make and constitute a legal day's work for mechanics, workmen and laborers in the employ of the State, or any municipal corporation therein, or otherwise engaged on public works. Act applies to SEC. 2. This act shall apply to all mechanics, workingmen and laborers now or hereafter employed by the State, or any munic

whom.