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which the vessel was at such time, a statement, subscribed and sworn to by him or by a person in his behalf, giving a true account of the demand claimed to be due to him, with all just credits, the name of the person with whom the contract was made, the name of the owner of the vessel, if known, and the name of the vessel or a description thereof sufficient for identification. The statement shall be recorded by such clerk in a book kept by him for that purpose, and the fees therefor shall be the same as for recording mortgages. [R. L., c. 198, § 15.]

555. Lien, inaccuracies not to affect.

A place in which the vessel is wholly or partly constructed shall be held to be the port at which she was when the debt was contracted. The lien shall not be affected by any inaccuracy in the description of the vessel, if she can be recognized thereby, nor in stating the amount due for labor or materials, unless it is found that the person filing the statement has knowingly claimed more than is due. [R. L., c. 198, § 16.]

556. Liens on vessels may be enforced by petition, etc. - A person having such lien, unless the contract described in [R. L., c. 198, § 14] is a maritime contract and the enforcement of the lien is within the exclusive jurisdiction of the courts of the United States, may file a petition to enforce the lien in the superior court for the county in which the vessel was at the time when the debt was contracted or in which she is at the time of filing the petition, or such petition may be inserted in a writ of original summons with an order of attachment, and served, returned and entered like other civil actions. The subsequent proceedings shall, except as hereinafter provided, be as prescribed in [R. L., c. 197] so far as applicable. Upon the filing of the petition, a process of attachment against such vessel, her tackle, apparel and furniture shall issue, and the attachment may be dissolved as in a civil action, but such dissolution shall not dissolve the lien. The pleadings may be amended as in actions at law. [R. L., c. 198, § 17.]

557. Form of petition. The petition shall contain a brief statement of the labor, materials or work done or furnished, or of the stores, provisions or other articles furnished, and of the amount due therefor, with a description of the vessel which is subject to the lien, and all other material facts and circumstances, and shall pray that the vessel may be sold and the proceeds of the sale applied to the discharge of the debt. [R. L., c. 198, § 18.]

558. Who may join in petition.

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Two or more persons who have such liens upon the same vessel may join in a petition to enforce them, and the proceedings shall be the same and the respondent may defend as to each petitioner as if each had filed a separate petition. [R. L., c. 198, § 19.]

559. Distribution of proceeds of sale. - If money is due to more than one person holding such lien and all parties interested have been cited to appear and answer, the claims of all shall be marshalled, and the court shall make such order or decree as may be necessary to prevent the enforcement of a double lien for the same labor, materials, stores, provisions or other articles, and to secure the rights of each. The proceeds from the sale of the vessel, after deducting all costs and expenses, shall be distributed among the several claimants according to the amount of their respective debts, except that, if such proceeds are insufficient to satisfy the liens of all, those who have liens for labor shall receive a percentage on their respective claims onethird greater, as near as may be, than those who have liens for materials, stores or other articles. [R. L., c. 198, § 20.]

560. Payment by owner of vessel. - If a contractor or sub-contractor unrea

sonably neglects or refuses to pay for labor procured by him to be performed in constructing, repairing or launching a vessel upon which a lien exists therefor and the owner or other person who made the agreement with such contractor or sub-contractor pays the debt secured by the lien, he shall have the same claim against such contractor or sub-contractor as if the lien had been enforced by judgment. [R. L., c. 198, § 21.]

561. Other liens not affected. The provisions of the eight preceding sections shall not affect any lien on foreign vessels which exist independent of statute. [R. L., c. 198, § 22.]

562. Other liens, how enforced. A person who has a lien, which is not described in [R. L., c. 197] or in the nine preceding sections, for money due to him on account of work and labor, care and diligence, or money expended on or about personal property under a contract express or implied, if such money is not paid within sixty days after a demand in writing delivered to the debtor or left at his usual place of abode, if within this commonwealth, or made by letter addressed to him at his usual place of abode without the commonwealth and deposited, postpaid, in the post office, may file a petition in the superior court, a police, district or municipal court or with a trial justice in the county in which the petitioner resides or has his usual place of business for an order for the sale of the property in satisfaction of the debt. [R. L., c. 198, § 23.]

563. Notice. -The court or justice shall thereupon issue a notice to the owner of the property to appear at a time and place designated, which shall be served by an officer qualified to serve civil process or by a disinterested person by delivering to the owner or by leaving at his usual place of abode, if within the commonwealth, a copy thereof fourteen days before the hearing. The return, if not made by an officer, shall be under oath. [R. L., c. 198, § 24.]

564. If owner or his abode is unknown or out of commonwealth. - If the owner or his usual place of abode is unknown, the petition may be filed sixty days after the money becomes due, and the notice describing the property may be issued "to the unknown owner," or to the owner, naming him, "whose usual place of abode is unknown." If the owner resides out of the commonwealth or he or his usual place of abode is unknown, the notice may be given by publication, as provided in section five [of this act.] [R. L., c. 198, § 25.}

565. Order for sale, and distribution of proceeds. If, upon default or a hearing, it is found that a lien exists upon the property and that the property ought to be sold for the satisfaction of the debt, the court or justice may make an order for such sale, determine and record the amount then due and award costs to the prevailing party. Any surplus of the proceeds of the sale, after satisfying the debt and costs and charges, shall be paid to the owner upon demand. [R. L., c. 198, § 26.] 566. Appeal. A party may appeal from the final order of a police, district or municipal court or trial justice as in other civil actions to the superior court, which shall make an appropriate order. If the respondent appeals, he shall give bond or recognize for the prosecution of his appeal and for the payment, if judgment is rendered against him, of any balance of the debt, with costs, which may remain unsatisfied after a sale of tre property. [As to right of appeal from the municipal court of the city of Boston see Acts, 1912, c. 649 as amended.] [R. L., c. 198, § 27.]

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567. Lien of boarding and lodging house keepers. - Boarding house or lodging house keepers shall have a lien on the baggage and effects brought to their houses

and belonging to their guests, boarders or lodgers, except mariners, for all proper charges due for fare and board or lodging, which may be enforced as provided in the five preceding [paragraphs]. [R. L., c. 198, § 28.]

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568. Preceding sections not restrictive. The provisions of the preceding sections shall not restrict the right of a person who has a lien upon property to hold or dispose of it in any other lawful manner. [R. L., c. 198, § 30.]

WAGES IN TEXTILE FACTORIES.

569. Grading of work not to lessen weavers' wages. The system used by manufacturers of grading the work of a weaver shall not affect or lessen the wages of the weaver, except for imperfections in his own work; and in no case shall the wages of those engaged in weaving be affected by fines or otherwise unless the imperfections 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 [is] 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 offence, and by a fine of not more than three hundred dollars for each subsequent offence. [Acts, 1909, c. 514, § 114.]

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570. Specifications to be furnished to weavers in cotton factories. — 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 three days after the time when said operative begins work. [Acts, 1909, c. 514, § 115.]

571. Rates of compensation to be posted in textile factories. 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 numbers 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 and maximum length of a cut or piece, the count per inch of reed, and the number of picks per inch, width of loom, width of cloth woven in the loom, 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 three per cent of its intended length; but if it appears that a variation in excess of the amount hereinbefore set forth has been caused in whole or in part by any weaver in the em

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ploy of any person charged with the violation of this act, this shall be deemed a sufficient defence to a prosecution. [Acts, 1909, c. 514, § 116, as am. by Acts, 1911, c. 263.] 572. Enforcement of furnishing specifications. The members of the inspection department of the [state board of labor and industries] shall enforce the provisions of [paragraphs 570, 571]. 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. [Acts, 1909, c. 514, § 117.] 573. Penalties. The occupier or manager of a cotton factory who fails to comply with the provisions of [section 115, see paragraph 570] or the occupier or manager of a textile factory who fails to comply with the provisions of [paragraph 571] or any person who interferes with the [inspectors] of the [state board of labor and industries] in the performance of their duties under the provisions of the preceding section shall be punished by a fine of not less than twenty-five nor more than fifty dollars for the first offence, and by a fine of not less than fifty nor more than one hundred dollars for each subsequent offence. [Acts, 1909, c. 514, § 118.]

574. Fining of weavers for imperfect work. No employer shall impose a fine upon an employee engaged at weaving for imperfections that may arise during the process of weaving. [Acts, 1911, c. 584, § 1.]

575. Penalty. Any employer who violates the provisions of [the preceding section] shall be punished by a fine not exceeding one hundred dollars for the first offence, and not exceeding three hundred dollars for any subsequent offence. [Acts, 1911, c. 584, § 2.]

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576. Liability of employer to employee. If personal injury is caused to an employee, who, at the time of the injury, is in the exercise of due care by reason of: [see paragraph 636.]

First, A defect in the condition of the ways, works or machinery 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; [see also Acts, 1909, c. 363] or,

Second, The negligence of a person in the service of the employer who was entrusted with and was exercising superintendence and whose 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, elevated train or train upon a railroad or elevated railway;

The employee, or his legal representatives, shall, subject to the provisions of [Acts, 1909, c. 514, §§ 128 to 135, inclusive, the following paragraphs], 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 corporation, or an elevated car which is in use by or which is in possession of an elevated railway corporation, 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, elevated train or train shall be deemed to be a person in charge or control of a signal, switch, locomotive engine, elevated train or train within the meaning of said clause. [Acts, 1909, c. 514, § 127.]

577. When death from such accident is not instantaneous. If the injury described in the preceding section results in 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 representatives 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; and in the same action under a separate count at common

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