LEGAL HOLIDAYS. 1362. Legal holidays.... The words "legal holiday" shall include the twenty-second day of February, the nineteenth day of April, the thirtieth day of May, the fourth day of July, the first Monday of September, the twelfth day of October, Thanksgiving day and Christmas day, or the day following when any of the four days first mentioned, the twelfth day of October or Christmas day occurs on Sunday; and the public offices shall be closed on all of said days. [R. L., c. 8, § 5, clause 9, as last am. by Acts, 1911, c. 136.] 1363. Work in mills, etc., on legal holidays. No employee shall be required to work in any mill or factory on any legal holiday, except to perform such work as is both absolutely necessary and can lawfully be performed on the Lord's day. [Acts, 1911, c. 151, § 1.] 1364. Penalty. Whoever violates the provisions of [the preceding section] shall be punished by a fine not exceeding five hundred dollars. [Acts, 1911, c. 151, § 2.] 1365. Making up time lost on account of a legal holiday. It shall be unlawful to require or to request any person employed in a manufacturing or mechanical establishment to work more hours in any one day than is now limited by law, in order to make up time lost by reason of a legal holiday. [Acts, 1913, c. 359, § 1.] 1366. Penalty. Whoever violates the provisions of [the preceding section] shall be punished by a fine not exceeding one hundred dollars for each offence. [Acts, 1913, c. 359, § 2.] midnight to midnight. [R. L., c. 98, § 16.] 1368. Observance of Saturday as Sabbath. Whoever conscientiously believes that the seventh day of the week ought to be observed as the Sabbath, and actually refrains from secular business and labor on that day, shall not be liable to the penalties of [R. L., c. 98, § 2, see following paragraph] for performing secular business and labor on the Lord's Day if he disturbs no other person. [R. L., c. 98, § 4.] 1369. Prohibition of labor, etc., except works of necessity, etc. Whoever, on the Lord's Day, keeps open his shop, warehouse or workhouse, or does any manner of labor, business or work, except works of necessity and charity, or takes part in any sport, game, play or public diversion, except a concert of sacred music or an entertainment given in good faith by a religious or charitable society in aid of a religious or charitable purpose, the entire proceeds of which, if any, less only the necessary and reasonable expenses, not to exceed twenty-five per cent of such proceeds, are to be devoted exclusively to a religious or charitable purpose, shall be punished by a fine of not more than fifty dollars for each offence; and the proprietor, manager or person in charge of such game, sport, play or public diversion, except as aforesaid, shall be punished by a fine of not less than fifty nor more than five hundred dollars for each offence. [See preceding paragraph.] [R. L., c. 98, § 2, as am. by Acts, 1904, c. 460, § 2.] 1370. Certain occupations permitted on the Lord's Day. - The provisions of the preceding section shall not be held to prohibit the manufacture and distribution of steam, gas or electricity for illuminating purposes, heat or motive power, nor the distribution of water for fire or domestic purposes, nor the use of the telegraph or the telephone, nor the retail sale of drugs and medicines, nor articles ordered by the prescription of a physician or mechanical appliances used by physicians or surgeons, nor the retail sale of tobacco in any of its forms by licensed innholders, common victuallers, druggists and newsdealers whose stores are open for the sale of newspapers every day in the week, nor the retail sale of ice cream, soda water and confectionery by licensed innholders and druggists, and by such licensed common victuallers as are not also licensed to sell intoxicating liquors and who are authorized to keep open their places of business on the Lord's day, nor the operation of motor vehicles, nor the letting of horses and carriages or of yachts and boats, nor unpaid work on yachts and pleasure boats, nor the running of steam ferry boats on established routes, nor the running of street railway cars, nor the preparation, printing and publication of newspapers, nor the sale and delivery of newspapers, nor the wholesale or retail sale and delivery of milk, nor the transportation of milk, nor the making of butter and cheese, nor the keeping open of public bath houses, nor the making or selling by bakers or their employees, before ten o'clock in the morning and between the hours of four o'clock and half past six o'clock in the evening, of bread or other food usually dealt in by them, nor the selling of kosher meat by any person who, according to his religious belief, observes Saturday as the Lord's day by closing his place of business during the day until six o'clock in the evening; and such person may open his place of business on the Lord's day for the sale of kosher meat between the hours of six o'clock in the morning and ten o'clock in the morning, nor the carrying on of the business of bootblacks before eleven o'clock in the forenoon, nor the digging of clams or the icing and dressing of fish. [R. L., c. 98, § 3, as last am. by Acts, 1914, c. 757.] 1371. Delivery of ice cream on the Lord's Day permitted. The provisions of R. L., c. 98, § 2, as am. by Acts, 1904, c. 460, § 2 [paragraph 1369], shall not apply to the delivery of ice cream on the Lord's day. [Acts, 1908, c. 343, § 1.] 1372. Exposure of photographic plates, etc., on the Lord's Day regulated. - The provisions of R. L., c. 98, § 2, as am. by Acts, 1904, c. 460, § 2 [paragraph 1369], shall not be held to prohibit the exposure of photographic plates and films for pleasure on the Lord's day: provided, however, that the pictures to be made therefrom are not intended for sale, and are not sold. [Acts, 1908, c. 333, § 1.] 1373. Rule as to steamboat lines and trains. The [public service commission] may authorize the running, on the Lord's Day, of such steamboat lines and such trains upon any railroad, as, in the opinion of the [commission], the public necessity and convenience require, having regard to the due observance of the day. [R. L., c. 98, § 14.] -- 1374. Rule as to steamboats. The [public service commission] may, if in their opinion the public necessity, convenience, health or welfare so requires, authorize the running of steamboats on the Lord's Day for the entire year or any part thereof, upon such conditions as they deem judicious to prevent disorderly conduct or the disturbance of public worship; and may at any time revoke such authority. [R. L., c. 98, § 15.] 1375. Permit to labor on Sunday in cities and towns. The police commissioner of the city of Boston, or any member of the police department having a rank not lower than that of captain and designated by said commissioner, or the chief of police of any other city or of any town, upon such terms and conditions as he deems reasonable may issue a permit for the performance on the Lord's day of necessary work or labor which, in his judgment, could not be performed on any other day without serious suffering, loss, damage, or public inconvenience. Such permit shall cover not more than one day and shall be issued not more than six days prior to the day for which it is issued. [Acts, 1909, c. 420, § 1.] 1376. Certain provisions of law not to apply. The provisions of R. L., c. 98, § 2 [see paragraph 1369], shall not apply to any person working under, and complying with, the provisions of a permit granted as aforesaid. [Acts, 1909, c. 420, § 2.1 1377. Not a defense to certain actions. The provisions of this chapter [R. L., c. 98, relating to the observance of the Lord's day] shall not constitute a defense to an action for a tort or injury suffered by a person on the Lord's Day. [R. L., c. 98, § 17.] WEEKLY DAY OF REST. 1378. Employees to have one day's rest in seven. Except in cases of emergency or except at the request of the employee, it shall not be lawful for any person, partnership, association or corporation to require an employee engaged in any commercial occupation, or in the work of any industrial process, or in the work of transportation or communication, to do on the Lord's day the usual work of his occupation, unless such employee is allowed during the six days next ensuing twentyfour consecutive hours without labor. But the provisions of this section shall not be construed as authorizing any work on the Lord's day not now authorized by law; nor as applying to farm or personal service, to druggists, to watchmen, to superintendents or managers, to janitors, or to persons engaged in the transportation, sale or delivery of milk, food or newspapers. Whoever violates the provisions of this section shall be punished by a fine of not more than fifty dollars for each offence. [Acts, 1907, c. 577, as am. by Acts, 1909, c. 514, § 52.] 1379. One day's rest in seven in certain establishments. Every employer of labor, whether a person, partnership or corporation, engaged in carrying on any manufacturing or mercantile establishment in this commonwealth as hereinafter defined, shall allow every person, except those specified in section 2, employed in such manufacturing or mercantile establishment at least 24 consecutive hours of rest in every 7 consecutive days. No employer shall operate any such manufacturing or mercantile establishment on Sunday, unless he shall have complied with the provisions of section 3; but this act shall not authorize any work on Sunday not now authorized by law. [Acts, 1913, c. 619, § 1.] 1380. Certain occupations excepted. This act shall not apply to (a) janitors; (b) watchmen; (c) employees whose duties include no work on Sunday other than (1) setting sponges in bakeries; (2) caring for live animals; (3) maintaining fires; (4) caring for machinery; (5) employees engaged in the preparation, printing, publication, sale or delivery of newspapers; (6) any labor called for by an emergency that could not reasonably have been anticipated. [Acts, 1913, c. 619, § 2.] 1381. List of employees allowed to work on Sunday. - Before operating on Sunday, every employer shall post in a conspicuous place on the premises a schedule containing a list of his employees who are required or allowed to work on Sunday and designating the day of rest for each, and shall file a copy of such schedule with the state board of labor and industries. The employer shall promptly file with the said board a copy of every change in such schedule. No employee shall be required or allowed to work on the day of rest so designated for him. [Acts, 1913, c. 619, § 3.] 1382. Employer to keep time book. Every employer to whose employees the provisions of this act apply shall keep a time book showing the names and addresses of all employees and the hours worked by each of them in each day, and such time book shall be open to inspection by the state board of labor and industries. [Acts, 1913, c. 619, § 4.] 1383. Definitions. In this act "manufacturing establishments" and "mercantile establishments" shall have the meaning defined in Acts, 1909, c. 514, § 17, except that neither of said terms shall be held to include establishments used for the manufacture or distribution of gas, electricity, milk or water, hotels, restaurants, drug stores, livery stables or garages. [Acts, 1913, c. 619, § 5.] 1384. Penalty. An employer who violates any provisions of [the five preceding sections] shall be punished by a fine of fifty dollars for each offence. [Acts, 1913, c. 619, $ 6.] 1385. Repeal. All acts and parts of acts inconsistent herewith are hereby repealed, but this act shall not be construed as repealing Acts, 1909, c. 420, or any part thereof. [Acts, 1913, c. 619, § 7.] NOTE. Because of the voluminous nature of the several building laws and of the numerous technicalities treated therein, the text of these laws has been omitted from this compilation. Reference has been made, however, not only to the more recent codifications of the laws governing the erection, maintenance, and repair of tenement houses in cities and in towns, but also to the recent codification of the building inspection laws of the commonwealth. REFERENCES TO BUILDING LAWS. BUILDING INSPECTION LAWS OF THE COMMONWEALTH. Chapter 655 of the Acts of 1913 provides for a codification of the building inspection laws of the commonwealth. TENEMENT HOUSES IN CITIES. Chapter 786 of the Acts of 1913, entitled "An Act relative to tenement houses in cities", provides for the erection, alteration, and maintenance of tenement houses in those cities (except Boston) which accept the act by vote of a majority of the members of each branch of the city council or corresponding body of that city present and voting thereon and upon approval of the mayor. TENEMENT HOUSES IN TOWNS. Chapter 635 of the Acts of 1912, entitled "An Act relative to tenement houses in towns", resembles closely in its essential features the act entitled "An Act relative to tenement houses in cities." PREVENTION OF FIRES THROUGHOUT THE METROPOLITAN DISTRICT. Chapter 795 of the Acts of 1914, entitled "An Act to provide for the better prevention of fires throughout the metropolitan district", provides for the appointment of a fire commissioner who shall in the prescribed district, have the power to license persons or premises, or to grant permits for or to inspect or regulate or restrain the keeping, storage, use, manufacture, sale, handling, transportation or other disposition of gunpowder, dynamite, nitroglycerine, camphine or any similar fluids or compounds, crude petroleum or any of its products, or any explosive or inflammable fluids or compounds, tablets, torpedoes, rockets, toy pistols, fireworks, firecrackers, or any other explosives, and the use of engines and furnaces described in R. L., c. 102, § 73. 1386. Commission to investigate building laws of the commonwealth. A commission of 5 persons shall be appointed by the governor, with the advice and consent of the council, to investigate the various statutes, ordinances, by-laws and regulations now in force throughout the commonwealth and the various cities and towns thereof, relative to the construction, alteration and maintenance of buildings, with the view of establishing uniformity in general requirements and of determining what regulations for the purposes aforesaid may be adopted either for the state as a |