« AnteriorContinuar »
master, mate, patron, or engineer produce a properly authenticated license issued to him by the duly constituted authorities in the Philippine Islands during the Spanish régime, or such other evidence of competency as may be satisfactory to the board, and shall have been engaged in the coastwise trade in the waters of the Philippine Islands in the position for which he seeks a license for at least two years, such written examination shall not be required, and license shall be issued thereon, provided he is shown to be physically sound and of good moral character and within the requirements of section seven of this act.
Sec. 5. To obtain a license, every applicant shall be required to Proficiency show a proficiency in the subjects upon which he is examined and required. shall answer correctly at least seventy-five per cent of the questions propounded to him on such examination. Examinations of all applicants, as well as the records of the board, shall be kept in the office of the insular collector of customs at Manila.
SEC. 6. Every license authorized to be issued as above set forth Term of lishall be operative and in force until July first, nineteen hundred censes. and four, but the insular collector of customs may at any time suspend or revoke any license upon satisfactory proof of misconduct, intemperate habits, incapacity, or inattention to duty on the part of the licensee.
Sec. 7. On and after August first, nineteen hundred and three, Citizenship. every applicant for license as master, mate, patron, or engineer of a Philippine coastwise vessel shall be a citizen of the United States or of the Philippine Islands: Provided, houerer, That any citizen or subject of any other country who may be acting as master, mate, patron, or engineer of any Philippine coastwise vessel at the time of the passage of this act, may, upon application to the insular collector of customs, be granted a certificate of service, which shall authorize him to continue to act in the Philippine coastwise trade as such master, mate, patron, or engineer, as the case may be, upon his making proper showing to the board hereinbefore created, either by the presentation of a properly authenticated license from some other recognized maritime country satisfactory to the board, or by such other evidence of competency and good character as the board in its discretion may deem sufficient: And provided further, That he shall have seen at least two years' service in the coastwise trade of these islands under the American flag and that he shall take the following oath :
“I hereby solemnly swear that I acknowledge the sovereignty and authority of the United States in the Philippine Islands and of the government constituted by the United States herein, and that while in the islands I will support and maintain the same, and that I will not at any time hereafter while in these islands or while serving under this license at any place aid, abet, or incite resistance to the authority of the United States or of the government established by the United States in these islands, and that I take this oath voluntarily, without any mental reservation whatsoever. So help me God."
SEC. 10. Philippine coastwise vessels which have on board a Citizen engi. chief engineer who is not a citizen of the United States or of the neer to be emPhilippine Islands, although authorized to perform the duties of ployed. such in accordance with section seven of this act, shall have on board as a first assistant engineer a citizen of the United States or a citizen of the Philippine Islands duly authorized by the board to act as such; and every Philippine coastwise vessel which has on board a first assistant engineer who is not a citizen of the United States or a citizen of the Philippine Islands shall have, as chief engineer, either a citizen of the United States or a citizen of the Philippine Islands duly authorized by the board to act as such : Provided, however, That, in the case of Philippine coastwise vessels on which neither the chief engineer nor the first assistant engineer is a citizen of the United States or a citizen of the Philippine Islands, there shall be employed and carried at least two other assistant engineers who shall be citizens of the United
States or citizens of the Philippine Islands, duly authorized by the board to act in such capacity.
Any Philippine coastwise vessels (vessel] which fails to comply with the terms of this section shall be required to pay an additional tonnage tax at the rate of ten cents, United States currency,
per net ton per month during the continuance of said failure. Seagoing ves
Sec. 12. All seagoing steam vessels engaged in Philippine coastsels.
wise trade shall employ and carry a licensed chief engineer, and all such steam vessels making night runs will employ and carry at least one licensed chief engineer and one licensed assistant engineer : Provided, however, That the insular collector of customs may direct that more than two licensed engineers shall be entployed and carried on any steamer when, in his opinion, the same
are required. River, etc., vessels.
SEC. 13. All steam vessels engaged exclusively in bay, river, and harbor work shall only be required to carry a chief engineer pas
sessing a second-class license. Fees.
SEC. 15. Before issuing a license to any applicant for the position of master or engineer, the insular collector of Customs shall receive from such applicant the sum of ten dollars in compensation for his examination and license, and for the same service shall de mand and receive from every mate, patron, or assistant engineer the sum of five dollars, money of the United States. The sums thus collected shall be paid by the insular collector of customs into the insular treasury.
Act No. 1025.—Examination and licensing of steam engineers,
SECTION 2. Upon the expiration of the license authorized to be certificates.
issued by said act numbered seven hundred and eighty, the said board [of marine examinations] is further authorized and empoi ered to renew such license from year to year upon due application being made as prescribed in said act, but each renewal shall be operative for only one year. In case of renewal of license the written examination required by section three of said act shall not be had, but the applicant for renewal shall only be required to submit to an examination, if deemed necessary by the board, to test his physical soundness, but the board is authorized to refuse any application for renewal upon satisfactory evidence of misconduct, in temperate habits, incapacity or inattention to duty on the part of the licensee, and also to revoke any such renewal license, when granted, for the same reasons, or any of them.
REVISED STATUTES AND CODES—1902.
Employment of children.
Limit of day's SECTION 166. No child of either sex, under sixteen years shall Tabor.
be compelled to work in agricultural factories and manufacturing 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. Compulsion to labor.
SEC. 167. No foreman, teacher or other person having under his charge the work, care or education of a minor under sixteen years 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 employees as voters.
SECTION 289. *
if an employer of laborers or an agent Discharging, of such employer threatens to withhold the wages of, or to dis- with holding 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 Injury caused injury is caused to an employee who is himself in the exercise byof due care 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 entrusted 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 entrusted with the exercising of superintendence super intendwhose 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 locoswitch, locomotive engine, car or train in motion, whether at- motive, etc. tached 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 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. Sec. 324. In case of the death of the employee before the ter
Survival mination of the action so brought against the employer, it may be action. 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 deceased injured employee that the death was the result of the injury, damages shall be assessed by the court in a sum not to Limit of dam exceed three thousand dollars; and the court shall estimate such ages. 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, ow, etc.
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, mar
maintain an action against the employer before the proper district Limit of dam- court, for damages caused by the death of such employee. Such
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 de
termine 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 injured 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 repre sentatives, may give such notice within thirty days after the death of such employee. But no notice given under the provisions of 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. Employer SEC. 328. Whenever an employee [employer) enters into a conliable, when.
tract, either written or verbal, with an independent contractor to 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 Knowledge of them, or his parents, if there be no such widow or children, shall defect a 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 entrusted to him some general superintendence.
SEC. 330. Any employer who shall have contributed to an in- Contribution surance fund created and maintained for the mutual purpose of to insurance
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 ful. fulfillment 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:
(c) If the obligation consists in the doing of a thing an attach- Enforcement ment shall be issued against the person who is under such obli- by attachment. gation for a sum necessary to execute the work left undone or done otherwise than as provided in the agreement.
Labor combinations not unlawful.
Assemblages, tion of persons employed in any calling, trade or handicraft, for etc.,
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 assemblies or unions for the purpose of bettering the mental and material condition of the members thereof by lawful peaceable means.
Intimidation of employees. SECTION 554. The employment of force, violence, intimidation Interference or menace, or any form of coercion, by any person, or by persons with employassociated together, against any other person or persons, whether ment. 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. SECTION 624.
no laborers shall be compelled to work Eight hours a more than eight hours per day, and they shall be, if possible, resi- day's labor. dents of the municipality.