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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 whicli 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 bojler 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 re- Certificates. spects 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.
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.
Life-preserv- 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. ng safe SEC. 11. Whoever intentionally oads or obstructs, or causes to ty valves.
be loaded or obstincted, 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. Examination SEC. 12. I very person employed as a master, pilot or engineer of engineers, etc.
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 License. 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. Creating un
SEC. 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, steam.
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.
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. Liability of
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 rexorered 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.
SEC. 17. The master of every licensed vessel shall keep a copy Act to be 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. nary 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 wbich 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 must comply. 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 haying 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.
Sec. 20. For the purpose of carrying out the provisions of this Deputy 10act, 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—Taration of unredeemed scrip.
(Page 874.) SECTION 1. Every person, firm, partnership, corporation, or Report to auassociation shall, upon, the first day of November of each and ditor general. 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
duly chartered bank, by the payment in lawful money of the
United States, to the amount of said paper, representing an Taxation 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, repre
senting wages or earnings, by a bank is a sufficient payment: Provisos. Provided, This act shall not apply to tools and blasting ma
terial, and other mine supplies, furnished by the employer to the employee, used by the employee at or about the employee's rocation;
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.
[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
Taxes to be SECTION 1. *
all corporations, associations, companies, deducted from firms or individuals employing persons who are not citizens of wages.
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. SEC. 2. Any corporation, association, company, firm or individ
ual 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.
Eight hours a SECTION 1.
eight hours out of the twenty-four of each day's labor.
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 whom.
laborers now or hereafter employed by the State, or any municipal corporation therein, through its agents or officers, or in the employ of persons contracting with the State or said corporation for the performance of public work, and in all such employment none but citizens of the United States, or aliens who shall have legally declared their intention to become such, who have been residents of the State in which such work is to be done for the six months next preceding the date of such employment, shall be employed by the State or any municipal corporation therein, or by any person or persons contracting with the same; and every contract hereafter made for the performance of public work must comply with the requirements of this section: Provided, That nothing in this act shall affect contracts in existence at the time of the passage of this act.
Sec. 3. Any officer or officers or agents of the State, or of any Penalty. municipal corporation therein, who shall willfully violate or otherwise evade the provisions of this act, shall be deemed guilty of malfeasance in office, and upon conviction thereof may be removed by the governor or head of the department to which said officer is attached.
SEC. 4. Any person or persons contracting with the State or any Penalty. municipal corporation therein, and any officer or agent of the State or any municipal corporation therein, who shall fail to comply with, or attempt to evade the provisions of this act shall, on conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine not exceeding one thousand dollars.
CHAPTER 611.-Erclusion of Chinese laborers. [See under United States, Acts of 1901-2, below.]
CHAPTER 1369.–Slave labor. SECTION 5..
Neither slavery, nor involuntary servitude, except as a punish- Slavery pro. ment for crime whereof the party shall have been duly convicted, hibited. shall exist in said islands.
SEC. 74. The government of the Philippine Islands may grant Employment franchises, privileges, and concessions, including the authority of slave labor. to exercise the right of eminent domain for the construction and operation of works of public utility and service,
Provided further, That it shall be unlawful for any corporation organized under this act, or for any person, company, or corporation receiving any grant, franchise, or concession from the government of said islands, to use, employ, or contract for the labor of persons claimed or alleged to be held in involuntary servitude ; and any person, company, or corporation so violating the pro- Penalty. visions of this act shall forfeit all charters, grants, franchises, and concessions for doing business in said islands, and in addition shall be deemed guilty of an offense, and shall be punished by a fine of not less than ten thousand dollars.
LAWS OF U. S. PHILIPPINE COMMISSION–1902.
who shall be known as the public printer. The duties of the public printer shall be :
4. To employ workmen who are thoroughly skilled in their competency respective branches of industry as shown by trial of their skill to be tested. under his direction, in accordance with the provisions of the civil service act.