TOILET FACILITIES. 342. Drinking water to be provided for employees. — All industrial establishments within this commonwealth shall provide fresh and pure drinking water to which their employees shall have access during working hours. Any person, firm, association or corporation owning, in whole or in part, managing, controlling or superintending any industrial establishment in which the provisions of this section are violated shall, upon complaint of an inspector of the state board of labor and industries, of the board of health of the city or town, or of the selectmen of the town in which the establishment is located be punished by a fine of one hundred dollars for each offence. [Acts, 1909, c. 514, § 78, as affected by Acts, 1912, c. 726, and as am. by Gen. Acts, 1915, c. 117.] 5. WOMEN AND CHILDREN. (See also under Industrial Safety and Sanitation. Those acts only which refer specifically to women and children have been included under the above heading. For acts not so limited in scope see Table of Contents.) SCHOOL ATTENDANCE AND ATTENDANCE OFFICERS. 378. Compulsory school attendance. Every child between seven and fourteen years of age, every child under sixteen years of age who does not possess such ability to read, write and spell in the English language as is required for the completion of the fourth grade of the public schools of the city or town in which he resides, and every child under sixteen years of age who has not received an employment certificate as provided in this act and is not engaged in some regular employment or business for at least six hours per day or has not the written permission of the superintendent of schools of the city or town in which he resides to engage in profitable employment at home, shall attend a public day school in said city or town or some other day school approved by the school committee, during the entire time the public schools are in session, subject to such exceptions as are provided for in R. L., c. 44, §§ 4, 5, 6, R. L., c. 42, § 3, as am. by Acts, 1902, c. 433, Acts, 1911, c. 537 and [Acts, 1913, c. 779]; but such attendance shall not be required of a child whose physical or mental condition is such as to render attendance inexpedient or impracticable, or who is being otherwise instructed in a manner approved in advance by the superintendent of schools or the school committee. The superintendent of schools, or teachers in so far as authorized by said superintendent or by the school committee, may excuse cases of necessary absence for other causes not exceeding seven day sessions or fourteen halfday sessions in any period of six months. For the purposes of this [paragraph], school committees shall approve a private school only when the instruction in all the studies required by law is in the English language, and when they are satisfied that such instruction equals in thoroughness and efficiency, and in the progress made therein, the instruction in the public schools in the same city or town; but they shall not refuse to approve a private school on account of the religious teaching therein. [R. L., c. 44, § 1, as last am. by Acts, 1913, c. 779, § 1, and by Gen. Acts, 1915, c. 81, § 1.] 379. Obligations of parents and guardians. — Every person having under his control a child as described in [R. L., c. 44,] § 1, shall cause him to attend school as therein required, and, if he fails for seven day sessions or fourteen half-day sessions within any period of six months while such control obtains, to cause such child so to attend school, he shall, upon complaint by an attendance officer and conviction thereof, be punished by a fine of not more than twenty dollars, and no physical or mental condition which is capable of correction, or which renders the child a fit subject for special instruction at public charge in institutions other than public day schools, shall avail as defence under the provisions of this or the preceding section, unless it shall be made to appear that the defendant has employed all reasonable measures for the correction of the condition and the suitable instruction of the child. . . . [R. L., c. 44, § 2, as am. by Acts, 1913, c. 779, § 2, and by Gen. Acts, 1915, c. 81, § 2.] ... 384. Commonwealth to pay tuition. For the tuition in the public schools in any city or town of any child between the ages of five and fifteen years who shall be placed elsewhere than in his own home by the state board of charity, or by the trustees of the Massachusetts training schools, or kept under the control of either of said boards in such city or town, the commonwealth shall pay to said city or town, and for such tuition of any such child so placed by the trustees for children of the city of Boston, or so kept under the control of said trustees, the city of Boston from its appropriation for school purposes, shall pay to said city or town seventy-five cents for each week of five days, or major part thereof, of attendance of every such child in the public schools. . . . [R. L., c. 44, § 4, as last am. by Acts, 1913, c. 779, § 4, and by Gen. Acts, 1915, c. 78.] ... EMPLOYMENT OF CHILDREN. 415. Penalties for violation of law as to employment of children. Whoever employs a person under the age of sixteen years, and whoever procures or, having under his control a person under sixteen years of age, permits such person to be employed in violation of the provisions of [Acts, 1909, c. 514, §§ 56 or 57], shall for each offence be punished by a fine of not less than ten dollars nor more than fifty dollars, or by imprisonment for not more than thirty days; and whoever continues to employ a person under sixteen years of age in violation of the provisions of either of [the above] sections, after being notified thereof by a school attendance officer or by an inspector appointed by the state board of labor and industries, shall for every day thereafter while such employment continues be punished by a fine of not less than fifty nor more than two hundred dollars, or by imprisonment for not more than sixty days; and whoever forges, or procures to be forged, or assists in forging a certificate of birth or other evidence of the age of such person, and whoever presents or assists in presenting a forged certificate or evidence of birth to the superintendent of schools or to a person authorized by law to issue certificates, for the purpose of fraudulently obtaining the employment certificate required by this act, shall be punished by a fine of not less than ten nor more than five hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. Whoever, being authorized to sign an employment certificate, knowingly certifies to any materially false statement therein shall be punished by a fine of not less than ten nor more than two hundred dollars. Whoever, without authority, alters an employment certificate after the same is issued shall be punished by a fine of ten dollars. [Acts, 1909, c. 514, § 61, as last am. by Acts, 1913, c. 779, § 19, and by Gen. Acts, 1915, c. 70.] WAGES AND HOURS FOR WOMEN AND CHILDREN. 1 463. Notices to be posted showing hours of labor. Every employer, except those employers hereinafter designated, shall post in a conspicuous place in every room in which such persons 1 are employed a printed notice stating the number of hours' work required of them on each day of the week, the hours of beginning and stopping work, and the hours when the time allowed for meals begins and ends or, in the case of mercantile establishments and of establishments exempted from the provisions of Acts, nineteen hundred and nine, chapter 514, sections 67 and 68, the time, if any, allowed for meals. The printed forms of such notices shall be provided by the state board of labor and industries, after approval by the attorneygeneral. The employment of any such person at any time other than as stated in said printed notice shall be deemed a violation of the provisions of this section unless it appears that such employment was to make up time lost on a previous day of the same week in consequence of the stopping of machinery upon which such person was employed or dependent for employment; but no stopping of machinery for less than thirty consecutive minutes shall justify such overtime employment, nor shall such overtime employment be authorized until a written report of the day and hour of its occurrence and its duration is sent to the state board of labor and industries, nor shall such overtime employment be authorized because of the stopping of machinery for the celebration of any holiday. Every employer engaged in furnishing public service or in any other kind of business in respect to which the state board of labor and industries shall find that public necessity or convenience requires the employment of children under the age of eighteen or women by shifts during different periods or parts of the day, shall post in a conspicuous place in every room in which such persons are employed a printed notice stating separately the hours of employment for each shift or tour of duty and the amount of time allowed for meals. Printed forms of such notices shall be provided by the state board of labor and industries, after approval by the attorney-general. A list by name of the employees, stating in which shift each is employed, shall be kept on file at each place of employment for inspection by employees and by officers charged with the enforcement of the law. In cases of extraordinary emergency as defined by Acts, 1911, c. 494, § 1 or extraordinary public requirement, the provisions of this act shall not apply to employers engaged in public service or in other kinds of business in which shifts may be required as herein before stated; but in such cases no employment in excess of the hours authorized under the provisions of this act shall be considered as legalized until a written report of the day and hour of its occurrence and its duration is sent to the state board of labor and industries. [Acts, 1909, c. 514, §§ 47, 48, as last am. by Acts, 1913, c. 758, and by Gen. Acts, 1915, c. 57.] MISCELLANEOUS. 489. Moving of heavy receptacles by female employees. - Boxes, baskets and other receptacles which with their contents weigh seventy-five pounds or over and which are to be moved by female employees in any manufacturing or mechanical establishment, shall be provided with pulleys or casters connected with such boxes or other receptacles so that they can be moved easily from place to place in such establishments. [Acts, 1913, c. 426, § 1, as am. by Acts, 1914, c. 241, and by Gen. Acts, 1915, c. 27.] 1 Refers to children under 18 years of age and women. 495. Medical chests in mercantile establishments where women or minors are employed. Every person, firm or corporation carrying on a business in a mercantile establishment in which twenty or more women or minors are employed, shall in the manner aforesaid [at all times keep and maintain free of expense to the employees] such medical and surgical chest as the state board of labor and industries may require. . . . [Acts, 1909, c. 514, § 104, as am. by Acts, 1914, c. 557, and by Gen. Acts, 1915, c. 216.] 6. WAGES. GENERAL ACTS. 497. Weekly payment of wages. Every person, firm or corporation engaged in carrying on a factory, workshop, manufacturing, mechanical or mercantile establishment, mine, quarry, railroad or street railway, or a telephone, telegraph, express or water company, or in the erection, alteration, repair or removal of any building or structure, or the construction or repair of any railroad, street railway, road, bridge, sewer, gas, water or electric light works, pipes or lines, shall pay weekly each employee engaged in his or its business the wages earned by him to within six days of the date of said payment, but any employee leaving his or her employment, shall be paid in full on the following regular pay day; and any employee discharged from such employment shall be paid in full on the day of his discharge, or in the city of Boston as soon as the provisions of law requiring pay rolls, bills and accounts to be certified shall have been complied with; and the commonwealth, its officers, boards and commissions shall so pay every mechanic, workman and laborer who is employed by it or them, and every person employed by it or them in any penal or charitable institution, and every county and city shall so pay every employee who is engaged in its business the wages or salary earned by him, unless such mechanic, workman, laborer or employee requests in writing to be paid in a different manner; and every town shall so pay each employee in its business if so required by him; but an employee who is absent from his regular place of labor at a time fixed for payment shall be paid thereafter on demand. . . . [Acts, 1909, c. 514, § 112, as last am. by Acts, 1914, c. 247, and by Gen. Acts, 1915, c. 75.] ... - 499A. Weekly payment of wages, employees may petition for. A justice or clerk of a police, municipal or district court, or a trial justice may, upon the application of any employee issue a summons to an employer to appear and show cause why a warrant should not issue against him for a violation of Acts, 1909, c. 514, § 112. Upon the return of such summons and after a hearing the justice may issue a warrant upon the complaint of any such employee. [Gen. Acts, 1915, c. 214.] 499B. Employees of trust companies not to receive gifts therefrom.— Other than the usual salary or director's fee paid to any officer, director or employee of a trust company, and other than a reasonable fee paid by a trust company to an employee for services rendered to the company, no . . . employee, or attorney of a trust company shall be a beneficiary of or receive, directly or indirectly, any fee, commission, gift, or other consideration for or in connection with any transaction or business of the trust company. Nothing contained in this section shall be construed as forbidding the receipt of interest on a deposit made by any such . . . employee, or as prohibiting any such . . . employee from borrowing from the trust company in accordance with law. [Gen. Acts, 1915, c. 219, § 1.] 499C. Penalty. - Any person violating any provision of this act shall be punished by a fine not exceeding $5,000, or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment. [Gen. Acts, 1915, c. 219, § 2.] LIENS FOR LABOR. 517. Lien for labor. Repealed by Gen. Acts, 1915, c. 292, § 13. Re-enacted in new form as follows: 517A. - A person to whom a debt is due for personal labor performed in the erection, alteration, repair or removal of a building or structure upon land, by virtue of an agreement with, or by consent of, the owner of such building or structure, or of a person having authority from or rightfully acting for such owner in procuring or furnishing such labor, shall, subject to the provisions of this act, other than in section three [see paragraph 517C] have a lien upon such building or structure and upon the interest of the owner thereof in the lot of land upon which it is situated, for not more than eighteen days' work actually performed during the forty days next prior to his filing a statement as provided in section seven. [See paragraph 522A.] [Gen. Acts, 1915, c. 292, §1.] 517B. Written contracts to be recorded. A person who enters into a written contract with the owner of land for the whole or any part of the erection, alteration, repair or removal of a building or structure upon land, or for furnishing material therefor, shall have a lien upon said building or structure and upon the interest of the owner in said lot of land as appears of record at the date when notice of said contract is filed or recorded in the registry of deeds for the county or district wherein such land lies, to secure the payment of all labor and material which he shall thereafter furnish by virtue of said contract. Said notice shall be in substantially the following form: Notice is hereby given that by virtue of a written contract, dated is to furnish labor and material for the erection, alteration, repair or removal of a building on a lot of land described as follows: No written contract for the erection, alteration, repair or removal of a building or structure upon land shall be enforceable unless notice thereof is filed or recorded as above provided before any work is begun or materials are furnished thereunder. A notice of any extension of such contract, stating the date to which it is extended, shall also be filed or recorded in the registry prior to the date stated in the notice of a contract for the completion thereof. Such notices, and all other instruments hereinafter required to be filed or recorded in the registry of deeds, affecting registered land shall be filed and registered in the manner prescribed by R. L., c. 128, § 70, and acts in amendment thereof and in addition thereto. Such notices, and all other instruments hereinafter required to be filed or recorded in the registry of deeds, affecting unregistered, land shall be indexed in a separate book to be kept for that purpose. [Gen. Acts, 1915, c. 292, § 2.] 517C. Notices. If the notice aforesaid [see paragraph 517B] shall have been |