Specifications, etc., to be furnished.

Same to be posted.

Enforcement.

Penalty.

women and children.

fections complained of are first exhibited and pointed out to the person whose wages are to be affected; and a fine shall not be imposed upon any person for imperfect weaving unless the provisions of this section are first complied with and the amount of the fines are agreed upon by both parties. Whoever violates the provisions of this section shall be punished by a fine of not more than one hundred dollars for the first offense, and by a fine of not more than three hundred dollars for each subsequent offense.

A posted notice, of which a weaver has knowledge, that for second quality work one-half the price of first quality work will be paid is a sufficient agreement as to the amount of fines. 51 N. E. Rep. 1086.

SEC. 65. The occupier or manager of every cotton factory shall supply to each person who is engaged as a weaver in said factory and is paid by the piece, cut or yard, a printed or written ticket with each warp which shall contain the following specifications as to the work to be done and wages paid: the number of cuts, the number of yards per cut or piece, the price per yard, cut or piece, the number of picks per inch and the number of reeds to the inch. Said occupier or manager shall also supply to each person who is engaged as a frame tender a specification of the number of roving and price per hank or hanks; and to each person engaged as a warper or web drawer a specification of the number of threads in the warp and the rate of compensation; and to each operative who is paid by the pound a specification of the price to be paid per pound or pounds; said specification to be furnished in each case on a printed or written ticket within seven days after the time when said operative begins work.

SEC. 66. The occupier or manager of every textile factory shall post in every room where any employees work by the job, in legible writing or printing, and in sufficient number to be easily accessible to such employees, specifications of the character of each kind of work to be done by them, and the rate of compensation. Such specifications in the case of weaving rooms shall state the intended or maximum length or weight of a cut or piece, the count per inch of reed, and the number of picks per inch and the price per cut or piece, or per pound; or, if payment is made per pick or per yard, the price per pick or per yard; and each warp shall bear a designating ticket or mark of identification. In roving or spinning rooms the number of roving or yarn and the price per hank for each size of machine shall be stated; and each machine shall bear a ticket stating the number of the roving or yarn made upon it. The maximum length of a cut or piece shall not exceed five per cent of the intended length of the same.

SEC. 67. The members of the inspection department of the district police shall enforce the provisions of the two preceding sections. They may go into any room, mill or factory to ascertain the facts relative to any work done therein or coming from any other room, mill or factory, and to take the measurements of such work.

SEC. 68. The occupier or manager of a cotton factory who fails to comply with the provisions of section sixty-five or the occupier or manager of a textile factory who fails to comply with the provisions of section sixty-six or any person who interferes with the members of the district police in the performance of their duties under the provisions of the preceding section shall be punished by a fine of not less than twentyfive nor more than fifty dollars for the first offense, and by a fine of not less than fifty nor more than one hundred dollars for each subsequent offense.

Deductions SEC. 69. Deductions shall not be made from the wages of women and from wages of minors who are paid by the day or hour, and are employed in manufacturing or mechanical establishments, for time during which the machinery is stopped, if said women and minors are refused the privilege of leaving the mill while the damage to said machinery is being repaired; and if such employees are detained in their workrooms during the time of the breaking down of machinery, they shall not be compelled to make up time lost by such breakdown unless they are compensated therefor at their regular rates of wages. Whoever violates the provisions of this section shall be punished by a fine of not more than twenty dollars for each offense.

SEC. 70. Whoever violates a provision of this chapter for which no General penalty. specific penalty is provided shall be punished by a fine of not more than one hundred dollars.

CHAPTER 106.-Liability of employers for injuries to employees.

SECTION 71. If personal injury is caused to an employee, who, at the Injury caused time of the injury, is in the exercise of due care, by reason of: by

First, A defect in the condition of the ways, works or machinery Defects; connected with or used in the business of the employer, which arose from, or had not been discovered or remedied in consequence of, the negligence of the employer or of a person in his service who had been entrusted by him with the duty of seeing that the ways, works or machinery were in proper condition; or,

Second, The negligence of a person in the service of the employer Negligence of who was entrusted with and was exercising superintendence and whose superintendent; sole or principal duty was that of superintendence, or, in the absence of such superintendent, of a person acting as superintendent with the authority or consent of such employer; or,

Third, The negligence of a person in the service of the employer who was in charge or control of a signal, switch, locomotive engine or train upon a railroad;

Person

in

charge of railroad signal, etc.

Status of employee.

The employee, or his legal representatives, shall, subject to the provisions of the eight following sections, have the same rights to compensation and of action against the employer as if he had not been an employee, nor in the service, nor engaged in the work, of the employer. A car which is in use by, or which is in possession of, a railroad cor- Definitions. poration shall be considered as a part of the ways, works or machinery of the corporation which uses or has it in possession, within the meaning of clause one of this section, whether it is owned by such corporation or by some other company or person. One or more cars which are in motion, whether attached to an engine or not, shall constitute a train within the meaning of clause three of this section, and whoever, as a part of his duty for the time being, physically controls or directs the movements of a signal, switch, locomotive engine or train shall be deemed to be a person in charge or control of a signal, switch, locomotive engine or train within the meaning of said clause.

To maintain an action under this statute it is necessary that the exercise of due care by the employee should be proved. Where there is no evidence that decedent was free from negligence a verdict for defendant is proper. 39 N. E. Rep. 188. This chapter is not a bar to an action at common law in cases included within its terms, but in which an employee might have maintained an action before the law was passed. 150 Mass. 190.

An employer is not liable to a contractor's employee. 41 N. E. Rep. 678.

This chapter does not render cities liable for injuries to its employees. 161 Mass. 368.

An employee injured through the negligence of a fellow-servant in handling or using a machine, tool, or appliance which is itself in a proper condition has no right of action against his employer under this section. 147 Mass. 753.

An employee injured in work outside the line of his duty can not recover under this section, even though he was exercising due care. 150 Mass. 362.

It may not be necessary that works or ways belong to an employer to make him liable for defects therein, but it must at least appear that he has control of them and that their use in his business is by his authority, express or implied. 156 Mass, 298.

A track owned and maintained on his premises by an individual is no part of a railroad company's ways so as to render it liable for the death of an employee occasioned by a defect therein. 160 Mass, 260.

Subsection 3 does not cover the negligence of an engineer blowing off steam in a roundhouse and injuring a machinist. 41 N. E. Rep. 289.

Nor does an electric motor on a street railway come within its provisions. 50 N. E. Rep. 536.

If an action is based on the negligence of a superintendent, it must be shown that such negligence occurred not only during the superintendence but substantially in the exercise of it. 156 Mass. 293.

The employer is not answerable for the negligence of a person who, though intrusted with superintendence, is at the time and in the doing of the act complained of engaged in the duties of a common workman and not exercising superintendence. 156 Mass. 342.

A workman usually on the same level with fellow-workmen, but occasionally put in charge of a gang in the absence of the usual foreman, is not solely or principally a superintendent within the meaning of clause two. 38 N. E. Rep. 440.

A foreman detailed a workman for duty for which he was obviously incompetent. Held, that the employer was liable for personal injuries resulting to a fellow-workman. 39 N. E. Rep. 1007.

Loaded freight cars received by a railroad company from and belonging to other roads to be hauled by such company over part of its road in due course of business are a part of the works and machinery of such company. 38 N. E. Rep. 508.

Action for in

A brakeman was injured by a defective brake wheel on an empty freight car, the property of another company, which was being hauled in transfer. Held, that such car was not a part of the ways, works or machinery connected with or used in the business of the employer, so as to make the company liable under this section. 155 Mass. 21.

Brakemen on detached cars running by the impetus given by a locomotive are not in such charge or control as to entitle employees injured by their negligence to recover under this section. Nor is the foreman of a switching gang who merely points out to the conductor of a switching train where he wishes the cars placed, in charge of the train within the meaning of this chapter. 42 N. E. Rep. 112.

SEC. 72. If the injury described in the preceding section results in jury and death. the death of the employee, and such death is not instantaneous or is preceded by conscious suffering, and if there is any person who would have been entitled to bring an action under the provisions of the following section, the legal representative of said employee may, in the action brought under the provisions of the preceding section, recover damages for the death in addition to those for the injury.

Action death.

for

Degree of neg

This statute does not give an administrator a right of action against his intestate's employer for causing the employee's death, in addition to the right to sue for damages accruing before the death of the injured employee. 151 Mass. 245.

SEC. 73. If, as the result of negligence of an employer himself, or of a person for whose negligence an employer is liable under the provisions of section seventy-one, an employee is instantly killed, or dies without conscious suffering, his widow or, if he leaves no widow, his next of kin, who, at the time of his death, were dependent upon his wages for support, shall have a right of action for damages against the employer.

Leaving to conjecture whether an employee who was injured regained consciousness before his death the same day does not fix the case within the provisions of this section. 156 Mass. 86.

The "next of kin," in order to establish dependency, need not come within the class of persons whom the deceased was bound, if able, to support. The fact of actual dependence is sufficient. 155 Mass. 1.

SEC. 74. If, under the provisions of either of the two preceding secligence consid-tions, damages are awarded for the death, they shall be assessed with reference to the degree of culpability of the employer or of the person for whose negligence the employer is liable.

ered.

Limit of damages.

Notice.

Limitation.

The amount of damages which may be awarded in an action under the provisions of section seventy-one for a personal injury to an employee, in which no damages for his death are awarded under the provisions of section seventy-two, shall not exceed four thousand dollars.

The amount of damages which may be awarded in such action, if damages for his death are awarded under the provisions of section seventy-two, shall not exceed five thousand dollars for both the injury and the death, and shall be apportioned by the jury between the legal representatives of the employee and the persons who would have been entitled, under the provisions of section seventy-three, to bring an action for his death if it had been instantaneous or without conscious suffering.

The amount of damages which may be awarded in an action brought under the provisions of section seventy-three shall not be less than five hundred nor more than five thousand dollars.

SEC. 75. No action for the recovery of damages for injury or death under the provisions of sections seventy-one to seventy-four, inclusive, shall be maintained unless notice of the time, place and cause of the injury is given to the employer within sixty days, and the action is commenced within one year, after the accident which caused the injury or death. Such notice shall be in writing, signed by the person injured or by a person 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 this section, he may give it within ten days after such incapacity has been removed, and if he dies without having given the notice and without having been for ten days at any time after his injury of sufficient capacity to give it, his executor or administrator may give such notice within sixty days after his appointment. A notice given under the provisions of this section shall not be held invalid or insufficient solely by reason of an inaccuracy in stating the time, place or cause of the injury, if it is shown that there was no intention to mislead, and that the employer was not in fact misled

thereby. The provisions of section twenty-two of chapter fifty-one shall apply to notices under the provisions of this section.

The notice required by this section applies only to cases, if any, within the provisions of this act in which there is no common-law right of action, unless a plaintiff should insist upon relying on the statute alone. 150 Mass. 190.

Under this statute notice must be served before the action is commenced; the requirement of notice makes it a condition precedent to the right to bring an action. 160 Mass. 143.

contractors and

SEC. 76. If an employer enters into a contract, written or verbal, Employees of with an independent contractor to do part of such employer's work, subcontractors. or if 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, caused by any defect in the condition of the ways, works, machinery or plant, if they are the property of the employer or are 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.

The inference from this section plainly is that the employer shall be liable when a contractor's employee is injured by reason of a defect in the condition of the ways, works, machinery, or plant furnished by the employer to the contractor which continues through the negligence of the employer or of his agent. 158 Mass. 232.

when.

SEC. 77. An employee or his legal representatives shall not be enti- Employee can tled under the provisions of sections seventy-one to seventy-four, not recover, inclusive, to any right of action for damages against his employer if 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 was entrusted with general superintendence.

The employee is not required to prove his ignorance of any danger or of the giv ing of information before he can recover, but the burden of such matters is upon the defendant. 156 Mass. 368.

The ruling as to assumption of risk by an employee is the same whether the action is brought at common law or under the statute. 41 N. E. Rep. 129.

SEC. 78. An employer who shall have contributed to an insurance Employer confund created and maintained for the mutual purpose of indemnifying tributing to insurance fund. an employee for personal injuries for which compensation may be recovered under the provisions of sections seventy-one to seventy-four, inclusive, or to any relief society formed under the provisions of sections seventeen, eighteen and nineteen of chapter one hundred and twenty-five, may prove in mitigation of the damages recoverable by an employee under the provisions of said sections, such proportion of the pecuniary benefit which has been received by such employee from any such fund or society on account of such contribution of said employer, as the contribution of such employer to such fund or society bears to the whole contribution thereto.

SEC. 79. The provisions of the eight preceding sections shall not Exemptions. apply to injuries caused to domestic servants or farm laborers by fellow employees.

CHAPTER 107.-Bureau of statistics of labor.

SECTION 1. There shall be a bureau of statistics of labor consisting Officers of buof a chief who shall be appointed by the governor, with the advice reau. and consent of the council, in May in the year nineteen hundred and three and thereafter biennially in May. The chief shall appoint a first clerk and a second clerk. The chief shall receive an annual salary of three thousand dollars, the first clerk, an annual salary of two thousand dollars and the second clerk, an annual salary of sixteen hundred and fifty dollars. The chief may also employ two special agents who shall each receive an annual salary of twelve hundred dollars, and may expend for clerical and contingent expenses such amounts as the legislature may annually appropriate for said purposes, and for such clerical expenses he may pay such compensation as he deems reasonable, not exceeding four dollars a day to each in addition to his traveling expenses.

Collection statistics.

of SEC. 2. The bureau shall collect, assort, arrange and present in annual reports to the general court, on or before the first day of March, statistical details relative to all departments of labor in the Commonwealth, especially in relation to the commercial, industrial, social, educational and sanitary condition of the laboring classes and to the permanent prosperity of the productive industry of the Commonwealth. It may also distribute at such regular intervals as it deems advisable a bulletin relative to the state of employment and industrial Examining conditions. It may send for persons and papers, and examine witnesses under oath; and such witnesses shall be summoned in the same manner and be paid the same fees as witnesses before the superior court. Manufactu- SEC. 5. The bureau shall annually, on or before the fifteenth day of rers' schedule. December, transmit by mail to the owner, operator or manager of every manufacturing establishment in the commonwealth a schedule embodying inquiries as to,

witnesses.

District police as inspectors.

Duties.

May buildings.

(1.) Name of person, partnership or corporation.

(2.) Kind of goods manufactured or business done.

(3.) Number of partners or stockholders.

(4.) Capital invested.

(5.) Principal stock or raw material used, and total value thereof. (6.) Gross quantity and value of articles manufactured.

(7.) Average number of persons employed, distinguishing as to sex,

adults and children.

(8.) Smallest number of persons employed, and in what month. (9.) Largest number of persons employed, and in what month. (10.) Total wages, not including salaries of managers, paid during the year, distinguishing as to sex, adults and children.

(11.) Proportion that the business of the year bore to the greatest capacity for production of the establishment.

(12.) Number of weeks in operation during the year, partial time being reduced to full time.

SEC. 6. The owner, operator or manager of every establishment which is engaged in manufacturing, who receives the foregoing schedule, shall answer the inquiries thereon for the last calendar year or for the last financial year of the establishment and return said schedule to said bureau, with the answers therein certified as to their accuracy, on or before the twentieth day of January following the receipt of said schedule.

SEC. 7. The bureau shall annually prepare abstracts of the information so collected, with proper and comparative analyses thereof and report the same in print to the general court. Such report shall be stereotyped and shall be numbered as one of the series of public documents.

SEC. 8. The names of persons, partnerships or corporations who supply the information called for by the three preceding sections shall not be used in said reports, but such information shall be confidential and not for the purpose of disclosing any person's affairs. An agent or employee of said bureau who violates this provision shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year.

SEC. 9. The bureau may annually expend not more than sixty-five hundred dollars to carry out the provisions of the four preceding sections.

CHAPTER 108.-Factories and workshops-Inspectors.

SECTION 8. The members of the inspection department of the district police shall, except as otherwise provided in chapters one hundred and four, one hundred and five and one hundred and six, enforce the provisions thereof and all other provisions of law relative to the employment of women and minors in manufacturing, mechanical and mercantile establishments, the employment of children, young persons or women in factories or workshops, the ventilation of factories or workshops and the securing of proper sanitary provisions therein, enter and the making of clothing in unsanitary conditions. For such purposes, said inspectors may enter all buildings and parts thereof which are subject to the provisions of said chapters and examine the methods