county shall so pay each employee in its business if so required by 16 him; but an employee who is absent from his regular place of labor 17 at a time fixed for payment shall be paid thereafter on demand. 18 The provisions of this section shall not apply to an employee of a 19 co-operative corporation or association if he is a stockholder therein 20 unless he requests such corporation to pay him weekly. The board 21 of railroad commissioners, after a hearing, may exempt any railroad 22 corporation from paying weekly any of its employees if it appears 23 to the board that the employees prefer less frequent payments, 24 and that their interests and the interests of the public will not 25 suffer thereby. No corporation, contractor, person or partnership 26 shall by a special contract with an employee or by any other means 27 exempt himself or itself from the provisions of this and the following 28 section. Whoever violates the provisions of this section shall be 29 punished by a fine of not less than ten nor more than fifty dollars. 30 SECTION 62. The chief of the district police or an inspector of 1 factories and public buildings may make a complaint against any 2 person for a violation of the provisions of the preceding section. 3 Complaints for such violations shall be made within thirty days 4 after the date thereof and on the trial no defence for failure to pay 5 as required, other than the attachment of such wages by the 6 trustee process or a valid assignment thereof or a valid set-off 7 against the same or the absence of the employee from his regular 8 place of labor at the time of payment or an actual tender to such 9 employee at the time of payment of the wages so earned by him, 10 shall be valid. The defendant shall not set up as a defence a pay-11 ment of wages after the bringing of the complaint. An assignment 12 of future wages which are payable weekly under the provisions of 13 this chapter shall not be valid if made to the person from which such 14 wages are to become due or to any person on his behalf or if made 15 or procured to be made to another person for the purpose of reliev- 16 ing the employer from the obligation to pay weekly. The word 17 "person" in this section shall include the corporations, contractors, 18 persons and partnerships described in the preceding section. 19 SECTION 63. No person who is engaged in any manufacturing 1 business and who has more than twenty-five employees shall by a 2 special contract with such employees or by any other means exempt 3 himself or itself from the provisions of the two preceding sections. 4 Whoever violates the provisions of this section shall be punished by 5 a fine of not less than ten nor more than fifty dollars. 6 SECTION 64. The system used by manufacturers of grading the 1 work of a weaver shall not affect or lessen the wages of the weaver, 2 except for imperfections in his own work; and in no case shall the 3 wages of those engaged in weaving be affected by fines or other- 4 wise unless the imperfections complained of are first exhibited and 5 pointed out to the person whose wages are to be affected; and a fine 6 shall not be imposed upon any person for imperfect weaving unless 7 the provisions of this section are first complied with and the amount 8 of the fines are agreed upon by both parties. Whoever violates the 9 provisions of this section shall be punished by a fine of not more 10 than one hundred dollars for the first offence, and by a fine of not 11 more than three hundred dollars for each subsequent offence. 12 to be furnished cotton fac 1 SECTION 65. The occupier or manager of every cotton factory Specifications 2 shall supply to each person who is engaged as a weaver in said to weavers in 3 factory and is paid by the piece, cut or yard, a printed or written tories. 4 ticket with each warp which shall contain the following specifica- 1894, 534, § 1. 5 tions as to the work to be done and wages paid: the number of 6 cuts, the number of yards per cut or piece, the price per yard, cut 7 or piece, the number of picks per inch and the number of reeds 8 to the inch. Said occupier or manager shall also supply to each 9 person who is engaged as a frame tender a specification of the num10 ber of roving and price per hank or hanks; and to each person 11 engaged as a warper or web drawer a specification of the number of 12 threads in the warp and the rate of compensation; and to each 13 operative who is paid by the pound a specification of the price to 14 be paid per pound or pounds; said specification to be furnished in 15 each case on a printed or written ticket within seven days after the 16 time when said operative begins work. rates of com to be posted in 1895, 144, § 1. 1 SECTION 66. The occupier or manager of every textile factory Specifications, 2 shall post in every room where any employees work by the job, in pensation, etc., 3 legible writing or printing, and in sufficient numbers to be easily textile fac 4 accessible to such employees, specifications of the character of each tories 5 kind of work to be done by them, and the rate of compensation. 6 Such specifications in the case of weaving rooms shall state the in7 tended or maximum length or weight of a cut or piece, the count per 8 inch of reed, and the number of picks per inch and the price per cut 9 or piece, or per pound; or, if payment is made per pick or per 10 yard, the price per pick or per yard; and each warp shall bear a 11 designating ticket or mark of identification. In roving or spinning 12 rooms the number of roving or yarn and the price per hank for each 13 size of machine shall be stated; and each machine shall bear a ticket 14 stating the number of the roving or yarn made upon it. 1895, 144, § 2. 1 SECTION 67. The occupier or manager of a cotton factory who Penalties. 2 fails to comply with the provisions of section sixty-five or the 1,42 3 occupier or manager of a textile factory who fails to comply with 4 the provisions of the preceding section shall be punished by a fine 5 of not less than twenty-five nor more than fifty dollars for the first 6 offence, and by a fine of not less than fifty nor more than one hun7 dred dollars for each subsequent offence. Enforcement 1 SECTION 68. The members of the inspection department of the 2 district police shall enforce the provisions of sections sixty-five and of furnishing 3 sixty-six. 1 of SECTION 69. Deductions shall not be made from the wages 2 women and minors who are paid by the day or hour, and are em3 ployed in manufacturing or mechanical establishments, for time 4 during which the machinery is stopped, if said women and minors. 5 are refused the privilege of leaving the mill while the damage to 6 said machinery is being repaired; and if such employees are de7 tained in their work rooms during the time of the breaking down 8 of machinery, they shall not be compelled to make up time lost by 9 such breakdown unless they are compensated therefor at their 10 regular rates of wages. Whoever violates the provisions of this specifications. 1894, 534, § 3. 1895, 144, § 3. Deductions women, etc., is, 505. from wages of forbidden. General 1894, 508, § 78. section shall be punished by a fine of not more than twenty dollars 11 for each offence. 12 SECTION 70. Whoever violates a provision of this chapter for 1 which no specific penalty is provided shall be punished by a fine of 2 not more than one hundred dollars. 3 Action if injury followed by instantaneous death LIABILITY OF EMPLOYERS TO EMPLOYEES. SECTION 71. If personal injury is caused to an employee, who, 1 at the time of the injury, is in the exercise of due care, by reason 2 First, A defect in the condition of the ways, works or machinery 4 connected with or used in the business of the employer, which arose 5 from, or had not been discovered or remedied in consequence of, 6 the negligence of the employer or of a person in his service who 7 had been entrusted by him with the duty of seeing that the ways, 8 works or machinery were in proper condition; or, 9 Second, The negligence of a person in the service of the cm-10 ployer who was entrusted with and was exercising superintendence 11 and whose sole or principal duty was that of superintendence, or, 12 in the absence of such superintendent, of a person acting as super-13 intendent with the authority or consent of such employer; or, 14 Third, The negligence of a person in the service of the employer 15 who was in charge or control of a signal, switch, locomotive engine 16 or train upon a railroad; 17 the employee, or his legal representatives, shall, subject to the pro- 18 visions of the eight following sections, have the same rights to com- 19 pensation and of action against the employer as if he had not been 20 an employee, nor in the service, nor engaged in the work, of the 21 employer. 22 A car which is in use by, or which is in possession of, a railroad 23 corporation shall be considered as a part of the ways, works or 24 machinery of the corporation which uses or has it in possession, 25 within the meaning of clause one of this section, whether it is owned 26 by such corporation or by some other company or person. One or 27 more cars which are in motion, whether attached to an engine or 28 not, shall constitute a train within the meaning of clause three of 29 this section, and whoever, as a part of his duty for the time 30 being, physically controls or directs the movements of a signal, 31 switch or train shall be deemed to be a person in charge or con- 32 trol of a signal, switch or train within the meaning of said clause. 33 SECTION 72. If the injury described in the preceding section 1 results in the death of the employee, and such death is not instan- 2 or death with taneous or is preceded by conscious suffering, and if there is any 3 person who would have been entitled to bring an action for an 4 instantaneous death under the provisions of the following section, 5 his legal representatives may, in the action brought under the pro- 6 conscious suffering. 1892, 260, § 1. 1893, 359. 1894, 499. 151 Mas, 245. 7 visions of the preceding section, recover damages for the death in 160 Mass. 39. 8 addition to those for the injury. jury followed death without 1 SECTION 73. If, as the result of the negligence of an employer Action if in2 himself, or of a person for whose negligence an employer is liable by instanta 3 under the provisions of section seventy-one, an employee is in- nous death or 4 stantly killed, or dies without conscious suffering, his widow or, if conscious 5 he leaves no widow, his next of kin, who, at the time of his death, 6 were dependent upon his wages for support, shall have a right of 7 action for damages against the employer. suffering. 1857, 270, § 2. 155 Mass. 1. 151 Mass. 245. 156 Mass. 86. 164 Mass. 555. 1892, 260. 1894, 499. 1 SECTION 74. If, under the provisions of either of the two pre- Damages. 2 ceding sections, damages are awarded for the death, they shall be 10, $3. 3 assessed with reference to the degree of culpability of the employer 1,359. 4 or of the person for whose negligence the employer is liable. The 1900, 446. 5 amount of damages which may be awarded in an action under the 6 provisions of section seventy-one for a personal injury to an em7 ployee, in which no damages for his death are awarded under the 8 provisions of section seventy-two, shall not exceed four thousand 9 dollars. The amount of damages which may be awarded in such 10 action, if damages for his death are awarded under the provisions 11 of section seventy-two, shall not exceed five thousand dollars for 12 both the injury and the death, and shall be apportioned by the jury 13 between the legal representatives of the employee and the persons 14 who would have been entitled, under the provisions of section 15 seventy-three, to bring an action for his death if it had been in16 stantaneous or without conscious suffering. The amount of damages 17 which may be awarded in an action brought under the provisions 18 of section seventy-three shall not be less than five hundred nor 19 more than five thousand dollars. 1887, 270, § 3. 260, § 2. 150 Mass. 190. 151 Mass. 245. 356, 380, 468. 153 Mass. 29, 155 Mass. 1. 157 Mass. 51. 201, 250. 163 Mass. 105. 1 SECTION 75. No action for the recovery of damages for injury Notice. 2 or death under the provisions of sections seventy-one to seventy- 988, 155, § 1. 3 four, inclusive, shall be maintained unless notice of the time, place, 4 and cause of the injury is given to the employer within sixty days, 10,446. 5 and the action is commenced within one year, after the accident 6 which causes the injury or death. Such notice shall be in writing, 7 signed by the person injured or by a person in his behalf; but if 156 Mass. 262. 8 from physical or mental incapacity it is impossible for the person 10 Mass. 143, 9 injured to give the notice within the time provided in this section, 162 Mass. 334. 10 he may give it within ten days after such incapacity has been re- 166 Mass. 268. 11 moved, and if he dies without having given the notice and without 12 having been for ten days at any time after his injury of sufficient 13 capacity to give it, his executor or administrator may give such 14 notice within sixty days after his appointment. A notice given 15 under the provisions of this section shall not be held invalid or in16 sufficient solely by reason of an inaccuracy in stating the time, place 17 or cause of the injury, if it is shown that there was no intention 18 to mislead, and that the employer was not in fact misled thereby. 19 The provisions of section twenty-two of chapter fifty-one shall apply 20 to notices under the provisions of this section. 170 Mass. 348. 173 Mass. 177. 172 Mass. 415. 175 Mass. 391. employer to 1 SECTION 76. If an employer enters into a contract, written or Liability of 2 verbal, with an independent contractor to do part of such employer's employee of a contractor or sub-contractor. 1887, 270, § 4. 158 Mass. 233. Employer not liable, when. 1887, 270, § 5. 156 Mass. 368. Evidence in re- Domestic servants, etc. 1887, 270, § 7. work, or if such contractor enters into a contract with a sub-con- 3 tractor to do all or any part of the work comprised in such con- 4 tractor's contract with the employer, such contract or sub-contract 5 shall not bar the liability of the employer for injuries to the em- 6 ployees of such contractor or sub-contractor, caused by any defect 7 in the condition of the ways, works, machinery or plant, if they 8 are the property of the employer or are furnished by him and if 9 such defect arose, or had not been discovered or remedied, through 10 the negligence of the employer or of some person entrusted by him 11 with the duty of seeing that they were in proper condition. 12 SECTION 77. An employee or his legal representatives shall not 1 be entitled under the provisions of sections seventy-one to seventy- 2 four, inclusive, to any right of action for damages against his em- 3 ployer if such employee knew of the defect or negligence which 4 caused the injury, and failed within a reasonable time to give, or 5 cause to be given, information thereof to the employer, or to some 6 person superior to himself in the service of the employer who was 7 entrusted with general superintendence. 8 SECTION 78. An employer who shall have contributed to an 1 insurance fund created and maintained for the mutual purpose of in- 2 demnifying an employee for personal injuries for which compensa- 3 tion may be recovered under the provisions of sections seventy-one 4 to seventy-four, inclusive, or to any relief society formed under the 5 provisions of sections sixteen, seventeen and eighteen of chapter 6 one hundred and twenty-five, may prove in mitigation of the dam- 7 ages recoverable by an employee under the provisions of said sec- 8 tions, such proportion of the pecuniary benefit which has been 9 received by such employee from any such fund or society on account 10 of such contribution of said employer, as the contribution of such 11 employer to such fund or society bears to the whole contribution 12 thereto. 13 SECTION 79. The provisions of the eight preceding sections. 1 shall not apply to injuries caused to domestic servants or farm 2 laborers by fellow employees. NOTES. Sect. 7. This section has, for certainty, been modified by imposing upon the city or town clerk the duty of forwarding a copy of the decision to the state board. Sect. 43. The limitation of courts in which actions may be brought has been stricken out, leaving the forum to be determined by the general provisions relative to the jurisdiction of courts. Cases might occur in which the damages claimed exceeded the jurisdiction of the courts named in St. 1894, c. 508, § 34. Sects. 61, 62. These sections are a redraft of St. 1894, c. 508, §§ 51-54 as amended and affected by Sts. 1895, c. 438; 1896, cc. 241, 334; 1898 c. 481; 1899, c. 247. The descriptive limitations of St. 1899, c. 247, which applied to persons and partnerships, have been construed to apply also to contractors. The provisions of St. 1896, c. 241 have been extended to all persons and corporations described in § 63 although St. 1898, c. 481 which specifically repealed the limitations of St. 1895, c. 438 as amended by St. 1896, c. 334 did not repeal the same limitation in St. 1896, c. 241. There seems to be no reason for the distinction. The provisions as to costs, default of a corporation and warrant of distress are omitted as cumulative and as being covered by the general provisions. St. 1890, c. 440 and Pub. Sts. c. 215, §§ 30, 31. As to individuals an adequate remedy exists under the general provisions of law. The penalty prescribed by St. 1894, c. 508, § 77 has been omitted as there is no offence to which it is applicable. 3 |