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If there is not enough to pay all the debts of any class, the creditors of that class shall be paid ratably upon their respective debts; and no payment shall be made to creditors of any class until all those of the preceding class or classes, of whose claims the executor or administrator has notice, have been fully paid.
CHAPTER 153.- Earnings of married women. SECTION 4. Work and labor performed by a married woman for a Earnings sepaperson other than her husband and children shall, unless there is an-rate property, express agreement on her part to the contrary, be presumed to be
when. performed on her separate account.
CHAPTER 163. — Wages preferred-In insolvency. SECTION 118. In the order for a dividend * [of the property Order of payof an insolvent], the following claims shall be first paid in full in the ment of claims. following order:
First. The twenty-five dollars or expense of publication as provided in section one hundred and seventy paid by a creditor and the legal fees, paid by him, of an officer for the service of the order of notice to the debtor upon the original petition and for the service of a writ of injunction issued to restrain the transfer or disposition of any part of the debtor's property, not exempt from attachment, and from any interference therewith.
Second. The legal fees of the messenger.
Third. Debts due to the United States, and debts due to and taxes assessed by this Commonwealth, or a county, city, or town therein.
Fourth. Wages, to an amount not exceeding one hundred dollars, due to a clerk, servant or operative for labor performed within one year last preceding the first publication of the notice, or for labor for the recovery of payment for which an action commenced within one year after the performance thereof is pending, or has terminated within one year from said first publication.
Sec. 120. The estate shall be liable for wages due to an operative Contractors' from another operative who has contracted or agreed to do certain employees. specified work for the debtor, to the amount of one hundred dollars, for labor actually performed on such work within one year last preceding the first publication of the notice, and in the division of the estate such wages shall have the priority given to wages due to operatives under the provisions of the preceding section; but all payments under the provisions of this section shall be charged to the account of the operative who, as principal has contracted or agreed to do the work, and such payments, and the liability herein imposed, shall not exceed the amount due such principal operative for such work performed within the time herein before mentioned. The provisions of this section shall not apply to cases within the provisions of sections one hundred and sixty-four to one hundred and sixty-eight, inclusive, of chapter one hundred and eleven.
CHAPTER 189.— Exemption of wages from attachment. SECTION 27. If wages for the personal labor and services of a defendant are attached for a debt or claim, other than for necessaries which exempt. have been furnished to him or to his family, an amount not exceeding twenty dollars shall be reserved in the hands of the trustee and shall be exempt from such attachment. If such wages are attached on a claim for such necessaries and the writ contains a statement to that effect, an amount not exceeding ten dollars shall be so reserved; but if the writ contains no such statement, an amount not exceeding twenty dollars shall be so reserved.
An employer's debt to his employee is not discharged by satisfying a judgment against himself as trustee when the sum involved is exempt under this section. 14 Gray 487.
Where wages are attached by trustee process, the sum of ten dollars reserved under the above section is payable to the employee notwithstanding the pendency of the suit. 160 Mass. 32.
Wages collected and in the hands of an attorney-at-law are no longer under the protection of this statute, though less than twenty dollars in amount. 6 Allen 572.
What amount Unlawful at
SEC. 29. Whoever willfully causes, or aids and abets in causing, such tachment, etc.
wages for personal services as are exempt from attachment to be attached by the trustee process for the purpose of unlawfully hindering or delaying their payment to the person to whom they belong shall, on complaint of the person injured thereby or of the guardian or other
person having the lawful custody of any such person who is incomPenalty. petent to act, be punished by a fine of not more than fifty dollars to
the use of the person injured thereby.
Sec. 31. No person shall be adjudged a trustee in the following cases:
Wages of wife Sixth. By reason of money or credits due for the wages of the peror children.
sonal labor or services of the wife or minor children of the defendant. Se a men's Seventh. By reason of money or credits due or accruing to the defendwages.
ant as wages or lay as a seaman; but the provisions of this clause shall not apply to the wages or lay due or accruing to a fisherman.
CHAPTER 207.-- Negligence of employees on public conveyances.
negli- SECTION 30. Whoever, having the management or control of or over
a steamboat or other public conveyance which is used for the common carriage of persons, is guilty of gross negligence in or relative to the management or control of such steamboat or other public conveyance, while being so used for the common carriage of persons, shall be punished by a fine of not more than five thousand dollars or by imprison
ment in jail for not more than three years. Driver leaving Sec. 31. A driver of a stagecoach or other vehicle for the conveyhorses. ance of passengers for hire, who, when a passenger is within or upon
such coach or vehicle, leaves the horses thereof without a suitable person to take the charge and guidance of them, or without fastening them in a safe and prudent manner, shall be punished by imprisonment for not more than two months or by a fine of not more than fifty dollars.
ACTS OF 1902.
CHAPTER 322.— Fuctories and workshops- Pure drinking water to be
Drinking water SECTION 1. All manufacturing establishments in this Commonwealth in factories.
shall provide fresh and pure drinking water, to which their employees Penalty. Sec. 2. Any corporation, association, firm or person owning, in whole
or in part, managing, controlling or superintending any manufacturing establishment in which the provision of this act is violated shall, upon complaint of the board of health of the city or town, or of the selectmen of the town in which the establishment is located, be liable to a fine of one hundred dollars for each offense.
CHAPTER 350.- Employment of children- Elevators. Age limit
SECTION 1. All elevators for the carriage of freight or passengers, eighteen years; running at a speed of more than one hundred feet a minute, shall be
operated by competent persons not less than eighteen years of age, and no other person shall operate or have the care or charge of such an elevator.
SEC. 2. No elevator for the carriage of freight or passengers shall be operated by or placed in charge of any person under sixteen years of
age. Penalty. SEC. 3. Any person, firm or corporation violating any provision of
this act by operating or causing an elevator to be operated or to be taken care or charge of in any manner contrary to the provisions of this act shall be punished by a fine of not less than twenty-five nor more than one hundred dollars for each offense.
CHAPTER 430.- Labor organizations--Unauthorized wearing of badges, etc.
Whoever, not being a member of a labor union, willfully wears or Wearing badges, uses the insignia, distinctive ribbons, or membership rosette or button ete with pur
pose to deceive. thereof, for the purpose of representing that he is a member thereof, if such insignia, distinctive ribbons or membership rosette or button have been registered in the office of the secretary of the Commonwealth, shall be punished by a fine of not more than twenty dollars or by imprisonment for not more than thirty days, or by both such fine and imprisonment.
ACTS OF 1903.
CHAPTER 275.-— Registration of badges, etc., of labor organizations.
Section 1. The registration of the insignia, distinctive ribbons, or Badges may be membership rosette or button of a labor union indicated in chapter registered. four hundred and thirty of the acts of the year nineteen hundred and two shall be made in the office of the secretary of the Commonwealth in accordance with the provisions of sections seven and eight of chapter seventy-two of the Revised Laws.
SEC. 2. Any such insignia, distinctive ribbons, or membership Laws applicarosettes or buttons heretofore registered under the provisions of said chapter four hundred and thirty of the acts of the year nineteen hundred and two shall be deemed to have been fully registered within the meaning of said act if such registration has been in accordance with the requirements of sections seven and eight of said chapter seventy-two of the Revised Laws.
CHAPTER 320.-- Appointment, discharge, etc., of employees of public
SECTION 1. No railroad, street railway, electric light, gas, telegraph, Official recomtelephone, water or steamboat company shall appoint, promote, rein- bisadations forstate, suspend or discharge any person employed or seeking employment by any such company at the request of the governor, lieutenant governor, or any member or member elect of the council or of the general court, or candidate therefor, justice of the supreme judicial court, justice of the superior court, judge of probate, justice of a police, district or municipal court, district attorney, member or member elect of a board of county commissioners, or candidate for county commissioner, member or member elect of a board of aldermen, or selectmen, or city council, or any executive, administrative or judicial officer, clerk or employee of any branch of the government of the Commonwealth or of any county, city or town; nor shall any such public officer or body, or any member or member elect thereof or candidate therefor, directly or indirectly advocate, oppose, or otherwise interfere in, or make any request, recommendation, endorsement, requirement or certificate relative to, and the same, if made, shall not be required as a condition precedent to, or be in any way regarded or permitted to influence or control, the appointment, promotion, reinstatement or retention of any person employed or seeking employment by any such corporation, and no such person shall solicit, obtain, exhibit, or otherwise make use of any such official request, recommendation, certificate or endorsement in connection with any existing or desired employment by a public service corporation.
SEC: Ž. The offices of probation officer, notary public and justice of Exceptions. the peace shall not be considered public offices within the meaning of this act.
Sec. 3. Any person or corporation violating the provisions of this Penalty. act shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars for each offense.
CHAPTER 437.-Liability of stockholders of corporations for wage debts.
Stockholders SECTION 33.
The stockholders of a corporation shall also liable.
be liable for all money due to operatives for services rendered within six months before demand made upon the corporation and its neglect or refusal to make such payment. A stockholder who pays on a judgment or otherwise more than his proportion of any such debt shall have a claim for contribution against the other stockholders.
CHAPTER 475.— Inspection of factories— Blowers for emery wheels, etc. Blowers required.
SECTION 1. Any person, firm or corporation operating a factory or workshop in which emery wheels or belts or buffing wheels or belts injurious to the health of employees are used shall, within three months after this act takes effect, provide such wheels and belts with a hood or hopper connected with suction pipes, and with fans or blowers, in accordance with the provisions hereinafter contained, which apparatus shall be placed and operated in such a manner as to protect any person or persons using any such wheel or belt from the particles or dust produced by the operation thereof, and to convey the said particles or dust either outside of the building or to some receptacle
so placed as to receive and confine the said particles or dust. Hoods, etc.
SEC. 2. Every such wheel shall be fitted with a sheet iron or castiron hood or hopper of such form and so placed that the particles or dust produced by the operation of the wheel or of any belt connected therewith shall fall or will be thrown into such hood or hopper by centrifugal force; and the fans or blowers aforesaid shall be of such size and shall be run at such speed as will produce a volume and velocity of air in the suction and discharge pipes sufficient effectually to convey all particles or dust from the hood or hopper through the suction pipes and so outside of the building or to a receptacle as
Sec. 3. The suction pipes and connections shall be suitable and effi
cacious, and such as shall be approved by the district police. Application of Sec. 4. This act shall not apply to grinding machines upon which law.
water is used at the point of grinding contact, nor to solid emery wheels used in saw mills or in planing mills or in other woodworking establishments, nor to any emery wheel six inches and under in diameter used in establishments where the principal business is not
emery wheel grinding. Enforcement. Sec. 5. It shall be the duty of the district police and of factory
inspectors, upon receiving notice in writing, signed by any person having knowledge of the facts, that any factory or workshop as aforesaid is not provided with the apparatus herein prescribed, to visit such factory or workshop and inspect the same, and for that purpose they are hereby authorized to enter any such factory or workshop during working hours; and if they ascertain, in the foregoing or in any other manner, that the owner, proprietor or manager of any such factory or workshop has failed to comply with the provisions of this act, they shall make complaint of the same in writing, before a court or judge having jurisdiction, and cause such owner, proprietor or manager to be proceeded against for violation of this act; and it is made the duty of the district attorney to prosecute all cases arising under this act.
Sec. 6. Any person failing to comply with any provision of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five nor more than one hundred dollars, and in case of a second offense he shall be punished by the aforesaid fine, or by imprisonment in the county jail for a term not exceeding sixty days, or by both such fine and imprisonment.
ARTICLE 15.—Liability of stockholders of corporations for debts
SECTION 7. The stockholders of all corporations and joint stock Stockholders associations shall be individually liable for all labor performed for liable. such corporation or association.
This liability is collateral and secondary. 39 Mich. 594, 597.
The liability imposed by this section means a liability beyond that of members of the corporation and does not refer to their separate or several liabilities. The stockholder's property can not be taken until the corporate property is exhausted. 43 Mich. 231.
One is not liable for wage debts incurred before he became a stockholder. 65 N. W. Rep. 570.
The liability of a stockholder is not affected by the transfer of his stock after the labor has been performed, though before suit has been brought against the company to recover for the same. 97 Mich. 322.•
An assignee may sue. 44 Mich. 540.
A contractor or subcontractor is not a laborer within the meaning of this section. 44 Mich. 538.
Nor is an assistant chief engineer of a railroad company. 39 Mich. 47.
[In furtherance of this provision, statutes have been enacted fix- Classes ot ing the liability of stockholders in agricultural and horticultural corporations. societies, sec. 5959; stock breeding associations, sec. 6037; partnership associations, sec. 6080; societies for loaning and investing, sec. 6196 ; railroad companies, sec. 6302; train railway companies, sec. 6411; street railway companies, sec. 6455 ; pipe line companies, sec. 6490; plank road companies, secs. 6606, 6608; bridge companies, sec. 6636; telegraph companies, sec. 6674; telephone companies, sec. 6694; canal and harbor companies, sec. 6709; river improvement companies, sec. 6746 ; water power companies, secs. 6787, 6803, 6820; commerce and navigation companies, sec. 6839; land companies, secs. 6863, 6880; mining companies, sec. 7025 ; manufacturing companies, sec. 7065; gaslight companies, sec. 7126; electric light companies, sec, 7144 ; printing and publishing companies, secs. 7153, 7183 ; savings associations, sec. 7553; summer resort associations, sec. 7634; baseball clubs, sec. 7679; of trustees of institutions of learning, sec. 8148; of stockholders in fine arts associations, sec. 8220; associations for maintaining institutions for the treatment of diseases, sec. 8453 ; automatic fire alarm companies, sec. 8493; and in water companies, sec. 8510.)
COMPILED LAWS OF 1897.
CHAPTER 30.-Court of mediation and arbitration.
SECTION 559. Whenever any grievance or dispute of any nature Grievances shall arise between any employer and his employees, it shall be may be submitlawful to submit the same in writing to a court of arbitrators for
ted. hearing and settlement, in the manner hereinafter provided. SEC. 560.
The governor may, whenever he shall deem Appointit necessary, with the advice and consent of the senate, appoint ment, etc., of a State court of mediation and arbitration to consist of three court. competent persons who shall hold their terms of office respectively one, two and three years, and upon the expiration of their respective terms the said term of office shall be uniformly for three years.
Said court shall have a clerk or secretary who shall be appointed by the court to serve three years, whose duty it shall be to keep a full and faithful record of the proceedings of the court and also all documents, and to perform such other duties as the said court may prescribe. Ile shall have power, under the direction of the court, to issue subpænas, to Powers of administer oaths in all cases before said court, to call for and clerk. examine all books, papers and documents, of any parties to the controversy, with the same authority to enforce their production