JUN --1946 jV .~oo^ s -l Cornell University Library KFC3931.A3 1918 Labor laws revision of 1918 /State of C 3 1924 000 182 869 &UU of (Eotttwttntt Department of Labor and Factory Inspection BUREAU OF LABOR STATISTICS WILLIAM S. HYDE, Commissioner. KPC 3931 A3 1918 LABOR LAWS Revision of 1918 HARTFORD Published by the State THE LIBRARY OF THE NEW YORK STATE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS AT CORNELL UNIVERSITY NEW YORK S'TmTE ? Department of Labnr | APR& 1919 l* _ ' gtaje uf tftmutprttod U ' ^k Bureau of Labor stBiist". ,in, », Capitol— Alban t Department of Labor and Factory Inspection BUREAU OF LABOR STATISTICS WILLIAM S. HYDE, Commissioner. LABOR LAWS Revision of 1918 y HARTFORD Published by the State Publication Approved by The Board of Control The Journal Press, Meriden, Conn. Labor Laws of Connecticut The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924000182869 LABOR LAWS OF CONNECTICUT General Statutes, Revision of 1918. Labor and Factory Inspection Department: Created. There shall continue to be a Department of Labor and Factory Inspection in which shall be consolidated the functions, preroga- tives, powers and duties of the bureau of labor statistics and of the department of factory inspection. The Department of La- bor and Factory Inspection shall be under the direction and con- trol of a commissioner of labor and factory inspection — Section 2318. Appointment of Commissioner. The governor, on or before the first day of May in 1919, and quadrennially thereafter, shall appoint, with the advice and consent of the senate, a commis- sioner of labor and factory inspection to serve for four years from the first day of July next succeeding his appointment. — Section 2319. Appointment and Removal of Deputies, Assistants or Em- ployees. The commissioner of labor and factory inspection may appoint to and remove from office such deputies, assistants or employees in the conduct of his office as are authorized and provided for the bureau of labor statistics and for the depart- ment of factory inspection. — Section 2320. Bureau of Labor Statistics. Management of Bureau. There shall be a bureau of labor statistics under the management of the commissioner of labor and factory inspection. — Section 2322. Rooms, Deputy Commissioner. The comptroller shall pro- vide suitable rooms in the capitol for the labor bureau. The commissioner of labor and factory inspection may appoint or re- move from office a deputy commissioner of the labor bureau to serve under the commissioner of labor and factory inspection in the labor bureau. — Section 2323. Duties of Commissioner. The commissioner of labor and factory inspection shall collect information upon the subject of labor, its relation to capital, the hours of labor, the earnings of 6 LABOR LAWS OF CONNECTICUT. laboring men and women and the means of promoting their ma- terial, social, intellectual and moral prosperity; but for this pur- pose persons shall not be required to leave the vicinity of their residences or places of business. — Section 2324. Report. The commissioner shall annually repdrt to the governor all the statistical details relating to this department. — Section 2325. Employment of Special Agents. The commissioner may employ special agents to assist him in his investigations who shall receive compensation for the time actually employed in such service. — Section 2326. Management of Department of Factory Inspection. There shall be a department of factory inspection under the management of the commissioner of labor and factory inspec- tion. — Section 2338. Deputy Commissioner of Factory Inspection. The com- missioner of labor and factory inspection may appoint or remove from office a deputy commissioner of factory inspection to serve under the commissioner in the department of factory inspec- tion. — Section 2339. Appointment of Deputies in the Factory Inspection De- partment. The commissioner of labor and factory inspection shall appoint eight deputies, two of whom shall be women, to as-, sist him in the performance of his duties. Such deputies shall have the same power as the commissioner has in the department of factory inspection, subject to his approval. The commission- er and all deputies appointed under authority of this section are authorized to lodge a complaint with any prosecuting officer for the violation of the provisions of this chapter, and if such prose- cuting officer shall refuse to prosecute such offense, the commis- sioner or his deputy may present such complaint to the judge of the court or the justice of the peace having jurisdiction, and if such judge or justice of the peace shall find that sufficient facts to warrant prosecution have been presented, he shall forthwith order the prosecuting officer to issue a warrant for such offend- er. Any prosecuting officer refusing to issue such warrant when so ordered shall be fined not more than twenty-five dollars for each offense. — Section 2343. Office of Department of Factory Inspection. The comp- troller shall provide suitable rooms in the capitol for the depart- ment of factory inspection, and furnish blank forms for the no- tices and orders required by this chapter, and for annual reports. The commissioner shall keep in books provided by the comptroller copies of all notices and orders given by him, and a record of all LABOR LAWS OF CONNECTICUT. 7 inspections and examinations made; and upon the expiration of his term of office shall file his books of record with the secre- tary of state. — Section 2354. Industrial Investigation. The commissioner is authorized to investigate the wages, hours of employment, necessary ex- penses of living and health so far as affected by their employment, of wage-earning women and girls in stores, wholesale and retail, public utilities, photographic, undertaking, millinery and dress- makers' establishments, hotels, restaurants, laundries, hairdress- ing and barber shops, domestic service and tenement house work. Said investigation shall be conducted under the supervision of said commissioner by a woman specially trained for this work and selected by him. Other employees of said bureau may be detailed to assist in the prosecution of such investigation. Said commissioner shall have power to demand from those possessed of it such information as is pertinent to the investigation herein authorized, and any person who refuses to furnish the informa- tion so demanded, within a reasonable time, shall be fined not more than one hundred dollars. Each week during which any person refuses to furnish the information aforesaid after a rea- sonable time has elapsed shall be a separate offense. — Section 2327. Protection of Alien Laborers, Penalty. The commissioner may appoint competent persons, familiar with the language of alien laborers, as special agents of the bureau, who shall inform said laborers, either personally or through printed matter in their language, as to their right of contract under the laws of the state, and prevent illegal advantage being taken of such laborers by rea- son of their ignorance, credulity or want of knowledge of the English language. The appointment of such agents shall not be permanent but simply to meet the exigencies of each case as pre- sented to the commissioner, and they shall be paid the same com- pensation as is paid other agents of the bureau. The total ex- pense in any one year shall not exceed three hundred dollars. Every person who shall obtain or receive money due laborers ig- norant of the English language, and shall retain any part thereof for his own use, without giving adequate consideration therefor, shall be fined not more than one hundred dollars or imprisoned not more than one year or both. — Section 2328. State Employment Bureaus. The public employment bu- reaus in New Haven, Hartford, Bridgeport, Norwich and Wa- terbury shall remain as established. No compensation or fee shall be charged or received, directly or indirectly, from persons applying for employment or help through any such bureau. The commissioner of labor and factory inspection shall appoint for 8 LABOR LAWS OF CONNECTICUT. each bureau, and may remove for good and sufficient cause, a superintendent for the proper administration of its affairs. Such public employment bureaus shall be a department of the bureau of labor statistics. — Section 2329. Branch Employment Bureaus. The commissioner may es- tablish and conduct branch public employment bureaus under the direction and control of the five established bureaus. Such branches may be established and conducted in any city within the state and shall be managed by the nearest bureau; provided, in no case shall such a branch be established unless it can be con- ducted by the bureau taking charge thereof within the appropria- tion made for such bureau. — Section 2330. Certain Employment Agencies Excepted — The provisions of this chapter shall not apply to any person supplying positions in connection with educational institutions, provided, such person is not engaged in supplying positions for other employees. — Sec- tion 2331. Certain Terms Defined. The term "person" in this chapter shall include persons, company, society, association or corpora- tion, and the term "employment agency" shall include the busi- ness of keeping an intelligence office, employment bureau or other agency for procuring work or employment for persons seeking employment or for acting as agent for procuring such work or employment where a fee or other valuable thing is ex- acted, charged or received for registration or for procuring or assisting to procure employment, work or a situation of any kind or for procuring or providing help for any person. — Section 2332- License. No person shall open, keep or carry on any such employment agency unless he shall procure a license from the commissioner authorizing the licensee to open, keep or carry on such agency at a designated place, which license shall be issued by the commissioner on payment of a fee of twenty-five dollars for each year, which money shall be paid by him to the treasurer of the state. Every license shall contain a designation of city, street and number of the house, in which the person licensed shall carry on said employment agency, and the number and date of such license. No person shall conduct an employment agency, or act as agent for procuring employment, in any building where liquor is sold. Such licensed agencies shall be conducted in of- fices suitable for such purpose which shall be approved by said commissioner. — Section 2333. Bond. Every person, shall file with his application for a license a bond to the state in the sum of five hundred dollars, with surety approved by the commissioner, conditioned that the obligor shall not violate any provisions of this chapter. The LABOR LAWS OF CONNECTICUT. 9 commissioner may cause an action to be brought on said bond in the name of the state for any violation of its conditions ; and he may revoke any license whenever, in his judgment, the person licensed shall violate any provision of this chapter. — Section 2334- _ Registers. Every person so licensed shall keep a register in which shall be entered in the English language, the name and address of every applicant and of every person who shall make application for help or servants and the nature of the employ- ment for which such help shall be wanted. Such registers shall at all reasonable hours be open to the examination of the com- missioner and his agents. — Section 2335. Money to Be Returned for Receipts. Every such licensed person shall give to each applicant for employment from whom a fee or other valuable thing shall be received, for procuring such employment, which fee or valuable thing shall in no case exceed the value of ten per centum" of the first month's wages, a receipt in which shall be stated the name of the applicant, the amount of such fee or other valuable thing, the date, the name or nature of the employment or situation to be procured and a separate re- ceipt in which shall be stated the name and address of the per- son or persons to whom the applicant shall be referred or sent for employment or work. In case the applicant shall not obtain or accept a situation or employment through the agency of such licensed person, such licensed person shall forthwith return to such applicant upon demand the amount of the fee or the , val- uable thing paid or delivered to such licensed person. In case the applicant shall accept the situation with the person to whom he has been referred, such applicant shall forfeit the fee or val- uable thing paid as aforesaid. Every such receipt shall have printed on its back, in the English language, a copy of this sec- tion, and every licensed person shall cause a plain and legibly printed copy of this section to be posted in a conspicuous place in such agency or place of business. No person shall display on any sign or window or in any publication the name "The Con- necticut Free Public Employment Bureau," or a name similar thereto. — Section 2336. Penalties. No such licensed person shall send or cause to be sent any female help or servants to a place of bad repute, house of ill fame or assignation house or to a house or place of amuse- ment kept for immoral purposes. No "such licensed person shall publish or cause to be published any false or fraudulent notice or advertisement or give any false information or make any false promise relating to work or employment to any one who shall register for employment ; and no such licensed person shall make, false entries in the register kept by him. Every person violating IO LABOR LAWS OF CONNECTICUT. any provisions of this chapter shall be fined not more than one hundred dollars. — Section 2337. Factory Inspection. The commissioner shall, by himself or a representative, as often as practicable, examine all buildings and places where machinery is used and may enter such buildings and places at all proper times for the purposes of inspection. He shall, on or before the first day of December in each year, make a report to the governor of the conditions, as respects safety to life and health, of the factories, buildings and places visited — Section 2340. Inspection of Elevators When Installed. No elevator shall be installed and operated in any factory, mercantile establish- ment, storehouse, workhouse, dwelling or other building until five days after the owner or his representative has mailed notice to the Department of Labor and Factory Inspection that the same is ready for inspection. Any person violating any pro- vision of this section shall be fined not more than fifty dollars for the first offense, and for the second offense shall be fined not more than one hundred dollars or im- prisoned not more than six months or both. The provisions of this section shall not prevent the operation of any elevator in- stalled for temporary use in connection with building operations nor with the operation of any elevator for purposes connected with the installation or testing of the same. — Section 2341. Duties in Department of Factory Inspection. The com- missioner shall examine all elevators, whether in factories, mer- cantile establishments, storehouses, workhouses, dwellings or other buildings, and may order hoistways, hatchways, elevator wells and well holes to be protected by trapdoors, self-closing hatches, safety catches or such other safeguards as will insure the safety of all persons therein. Due diligence shall be used to keep such trapdoors closed at all times, except when in actual use by an occupant of the building having the use and control of the same. All elevator cabs or cars, whether used for freight or passengers, shall be provided with some suitable mechanical de- vice, if considered necessary by said commissioner, whereby the cab or car will be securely held in the event of accident to the shipper rope or hoisting machinery, or from any similar cause, and said mechanical device shall at all times be kept in good working order. — Section 2342. Use of Stained Glass Windows Forbidden. Every person, firm or corporation using stained, painted or corrugated glass in factory windows, where the same is injurious to the eyes of the .workmen therein, shall remove the same upon the order of the commissioner. — Section 2344. LABOR LAWS OF CONNECTICUT. II Sanitary Condition of Factories. All factories and build- ings where machinery is used shall be well lighted, ventilated and kept as clean as the nature of the business will permit. The belt- ing, shafting, gearing, machinery and drums, of all factories and buildings where machinery is used, when so placed as, in the opinion of the commissioner, to be dangerous to the- persons em- ployed therein while engaged in their ordinary duties, shall, as far as practicable, be securely guarded. No machinery other than steam engines in a factory shall be cleaned while running after notice forbidding the same is given by the commissioner to the owners or operators of the factory. — Section 2345. Toilet Rooms in Foundries. The commissioner shall have power and authority by order to that effect to require the proprie- tor of any foundry in this state in which ten or more men are employed, and situated in a locality where there is such system for the disposal of sewage, as to make such order practicable, to provide for the use of such employees a toilet room of such suit- able dimensions as said commissioner may determine, containing washbowls or sinks connected with running water, with facil- ities for heating the same, such room to be directly connected with such foundry building, properly heated, ventilated and protected from the dust of said foundry. Any person, company or cor- poration failing to comply with such order shall be fined not more than fifty dollars, in each prosecution for such neglect or refusal to' obey such order. — Section 2346. Water Closets to Be Provided. Every person or corpora- tion managing or operating: any factory, or owning: or controlling the use of any other building where more than five persons are employed, shall provide and keep in good sanitary condition suit- able water closet accommodations for the use of the persons em- ployed. — Section 234.7. Notice of Complaints. The commissioner shall enforce the provisions of this chapter by giving proper orders or notices to the persons or corporations owning, operating or managing the factories or buildings inspected by him and shall make complaint to the state's attorneys of all violations of this chapter. — Section ?349- Order to Remove Excessive Dust. Every employer whose business requires the operation or use of any emery, tripoli, rouge, corundum, stone, carborundum or other abrasive, polishing or buffing wheel, in the manufacture of articles of metal or iridium or whose business includes any process which generates an ex- cessive amount of dust, shall install and maintain in connection therewith such devices as may be considered necessary by the commissioner and the State Department of Health to remove from the atmosphere any dust created by such process. The com- missioner, with the State Department of Health, shall issue to 12 LABOR LAWS OF CONNECTICUT. any employer engaged in such business any orders necessary to render effective the foregoing provision, and if, within sixty days from the issuance of such order stating the changes to be made, such order shall not be complied with, the commissioner may or- der any such department closed until such order is complied with. The violation of any provision of this section or the failure to comply with any written order issued ,in accordance therewith within sixty days thereafter shall constitute a misdemeanor pun- ishable by a fine of not more than five hundred dollars for each offense, and every such order -shall be enforceable by the super- ior court, or by a judge thereof if said court is not in session, by injunction on application of the commissioner or of the State De- partment of Health. — Section 2350. Penalty for Violation of Orders. Every owner, lessee or occupant of a factory, or building included within the provisions of this chapter, or owning or controlling the use of any room in such building, shall for the violation of any provision of Sections 2342, 2344, 2345, 2347 or 2350, or for obstructing or hindering the commissioner or his deputies in carrying out the duties im-. posed on them by law, be fined not more than fifty dollars ; but no prosecution shall be brought for any such violation until four weeks after notice has been given by the commissioner to such owner, lessee or occupant of any changes necessary to be made to comply with the provisions of said sections, and not then, if, in the meantime, such changes have been made in accordance with such notification. Nothing herein shall limit the right of a person injured to bring an action to recover damages. — Section 235i- Notices. The orders, and notices given by the commission- er of labor and factory inspection under the provisions of this chapter shall be written or printed, signed by him officially, and may be served by him or any proper officer or indifferent per- son, by leaving an attested copy thereof with or at the usual place of abode of the person upon whom service is to be made, or by registered mail addressed to such person at his last known place of address. Such notice, properly indorsed with the doings of the person or officer serving the same, shall be returned to the commissioner and shall be prima facie evidence that notice was given as therein appears. Notice to one member of a firm shall be notice to every member thereof, and notice to the president, secretary or treasurer of a corporation shall be notice to such cor- poration. The fees for serving such orders and notices, unless served by the commissioner, shall be the. same as for the service of process in civil actions, and shall be included in the necessary expenses of the commissioner. — Section 2352. Appeal. Any person, firm or corporation aggrieved by any order of the commissioner may appeal to the superior court in the LABOR LAWS OF CONNECTICUT. 1 3 county where the person, firm or corporation owns, leases or oc- cupies the factory or building to which said order relates within four weeks after notice of such order shall be given. Said ap- peal shall operate asa supersedeas, shall be made in writing, and shall contain a brief -statement of the facts and reasons of appeal and a citation to the commissioner to appear before said court, and said court or a judge thereof may direct the time of appear- ance and the manner of service. Said court may review the do- ings of the commissioner, confirm, change or set them aside and make such orders in the premises, including orders as to costs, as it may find to be proper and equitable. — Section 2353. Duties of Commissioner in Railroad Roundhouses. The commissioner of labor and factory inspection, or his deputy, shall examine the lighting and sanitary conditions of railroad round- houses. — Section 2321. Emergency Kits. Every person, firm or corporation em- ploying persons to work in connection with dangerous machinery in any manufacturing establishment, except those maintaining equipped first aid to the injured rooms, shall cause to be conven- iently placed where such machinery is operated, subject to such change in location as the commissioner of labor and factory in- spection may direct, an emergency kit for use in case of acci- dents. Such kits shall contain sterilized material for bandages, antiseptic cotton and restoratives, with such other materials as are necessary in emergencies. Such materials shall be kept in a dust proof case or cabinet within easy access of all persons employed on such premises. The executive officer or any corporation or general manager or other person, having control of dangerous machinery, who shall fail to comply with any provision of this section shall be fined not more than one hundred dollars. — Sec- tion 5338. Employees in Paper Factory to Be Vaccinated. Whoever shall employ in the manufacture of paper any person who shall not have had the smallpox, or been vaccinated, shall pay to any town all expenses caused it by the sickness of such person with smallpox, contracted while so employed. — Section 5310. Bake Shops; Regulations. Every building or room occu- pied as a bakery shall be drained and plumbed in a manner con- ducive to its healthful and sanitary condition, and constructed with air shafts and windows or ventilating pipes sufficient to in- sure ventilation, as the commissioner of labor and factory inspec- tion shall direct. Every bakery shall be provided with a wash- room and water-closet apart from the bake room and any room where the manufacturing of food products is conducted, and one locker for each employee. No water closet, earth closet, privy or ash pit shall be within or communicate directly with a bak- ery. Rooms used for the manufacture of flour and meal foods 14 LABOR LAWS OF CONNECTICUT. shall be at least eight feet in height ; the side walls of such rooms shall be plastered or wainscoted, the ceiling plastered or ceiled with lumber or metal, and, if required by the commissioner of labor and factory inspection, shall be whitewashed at least once in three months ; the furniture, utensils and •floor of such rooms shall be kept in sanitary condition. The manufactured flour or meal food products shall be kept in dry, clean and airy rooms. The sleeping rooms for persons employed in a bakery shall be Separate from the rooms where food products are manufactured or stored. No person, firm or corporation shall operate a bak- ery without having obtained from the commissioner of labor and factory inspection a certificate of inspection describing the build- ing used as a bakery and stating that the same complies with the laws of the state relating to bakeries, which certificate shall be kept posted by the owner or operator of such bakery in a conspic- uous place in the shop described in such certificate or in the sales room connected therewith. Such certificate shall be valid for one year from the date of its issue, and a fee of one dollar shall be collected from the person to whom such certificate is issued. Such certificate may be revoked by said commissioner, for cause, and when revoked said commissioner shall cite the person oper- ating such bakery, or, in the case of a corporation, the manager, to appear before him within ten days thereafter to show cause why such certificate should not remain revoked. No person, firm or corporation shall open a new bakery without having given at least ten days ? notice to the commissioner of labor and factory inspection of his intention to open such bakery, which notice shall contain a description of the building proposed to be used as such bakery and shall give its location. Upon receipt of such notice said commissioner shall examine the premises, and if found to comply with the provisions of the statutes relating to bakeries he shall issue such certificate of inspection. The provisions of this section shall not prevent local health authorities from en- forcing- orders or regulations concerning the sanitary condition of bakeries. — Section 2518. Bake Shops; Rooms Used. No room or rooms either wholly or partly under ground, not used as a bakery on August 15, 1905, shall be used as a bakery, and no such room or rooms then used as a bakery, which have since been or shall be closed, shall be again used as a bakery ; but no such room or rooms closed on ac- count of fire, attachments, observance of religious ceremonies or quarantine, regulations, shall be deemed to be closed within the meaning of this section. A bake shop shall be deemed to be closed whenever for any reason except those specified herein, the business of baking for the public shall be suspended therein.— Section 2519. LABOR LAWS OF CONNECTICUT. 1 5 Duty of Employer. No employer shall permit any person to work in his bake shop who is affected with pulmonary tubercu- losis, scrofulous or venereal disease, or with a communicable skin affection, and every employer shall maintain himself and his em- ployees in a clean and sanitary condition while engaged in the manufacture, handling or sale of such food • products. — Section 2520. Orders of Commissioner of Labor and Factory Inspection. The owner, agent, or lessee of any property used as a bakery shall, within thirty days after the service of .notice upon him of an order issued by the commissioner of labor and factory inspec- tion, comply therewith or cease to use or allow the use of such premises as a bake shop ; such notice shall be in writing and may be served upon such owner, agent or lessee, either personally or by mail,' and a notice by registered letter, mailed to the last known address of such owner, agent or lessee, shall be sufficient ser- vice. — Section 2521. Penalty. Every person who violates any provision of Sec- tions 2518, 2519, 2520 or 2521, or who fails to comply with an or- der of the commissioner of labor and factory inspection, shall be fined not more than fifty dollars for the first offense, not more than one hundred dollars or imprisoned not more than ten days for the second offense, and not more than two hundred dollars and imprisoned not more than thirty days for each subsequent of- fence. — Section 2522. Bake Shop Provisions, Application to Other Shops. The provisions of Sections 2518, 2520, 2521 and 2522 shall apply to all confectionery, candy and ice cream factories, macaroni fac- tories and all other factories for the preparation of food stuffs, to- bacco and cigars. In any factory of the above named classes where the commissioner of labor and factory inspection shall have cause to suspect that an .operative or employee has any disease enumerated in the statutes pertaining thereto, he shall have au- thority to cause an examination to be made of such suspected case by a physician. — Section 2523. Manufacture and Sale of Mattresses and Pillows, Regulated. Any person, firm or corporation engaged in the manufacture of mattresses, pillows, cushions, muff beds, down quilts, or bags con- taining hair, down or feathers, shall label all manufactured arti- cles as follows: Upon each mattress, pillow, cushion, muff bed, down quilt or bag there shall be conspicuously and securely fixed a label of paper or cloth legibly printed in the English language and containing the name and address of the manufacturer and of the kind of material used in the manufacture of such mattress, pillow, cushion, muff bed or down quilt, and if the material used therein has been previously used in any such article, or is made l6 LABOR LAWS OF CONNECTICUT. of second-hand wearing apparel or bedding, it shall be branded "Made Over." If such manufactured article be enclosed in a bale, bundle, box or crate, the same shall bear a tag stating, that the. contents of the package is branded or labeled as required by this section. No person, firm or corporation shall use in the manufacture of any mattress, pillow, cushion, muff bed, down quilt or bag any material which has been used in or about a pub- lic or private hospital or sanatorium, or in any room, tenement or apartment where any person has had any contagious or infec- tious disease, or by "any person having such disease. No mer- chant or dealer shall sell, offer or expose for sale, or deliver to any common carrier any mattress, pillow, cushion, muff bed, down quilt, or bag containing hair, down or feathers unless the same be branded and labeled as provided by this section. — Section 2683. Inspection. The Commissioner of Labor and Factory In- spection shall cause to be inspected all places where* such articles are manufactured or where materials for the same are held or of- fered for sale, and shall have authority to take samples of goods so made or held contrary to law, to be used as evidence. — Section 2684. Penalties. Any person, firm or corporation or association or its officers or agents, engaged in the manufacture of any of the articles mentioned in Section 2683, or any merchant or deal- er, who shall violate any of the provisions of said section, shall be fined not more than one hundred dollars or imprisoned not more than sixty days or both. — Section 268$. Employment of Veterans in Public Service. In every pub- lic department and upon all public works of this state, any hon- orably discharged soldier, sailor or marine who served in the army or navy of the United States during the Civil War, Span- ish-American war, Philippine insurrection or China relief expe- dition, shall be preferred for appointment and employment. Age, loss of limb or other physical impairment, which does not, in fact, incapacitate, shall not disqualify such veteran, if he. possesses the other requisite qualifications. — Section 1907. Veteran Discharged from Employment; Pay Reduction. No honorably discharged soldier, sailor or marine, having served as such in the army or navy of the United States during the Civil War, Spanish-American war, Philippine insurrection or China relief expedition, holding a position by appointment or em- ployment as janitor, engineer, fireman, watchman or elevator man in any public building owned by the state or by any county, shall be removed from such position or employment except for incompetency or misconduct, or have his compensation reduced, except for cause and after a hearing preceded by due notice. — Section 1908. LABOR LAWS OF CONNECTICUT. 1 7 Appeal; Reinstatement. Any such person, who shall be re- lieved from any of said positions, or whose compensation shall be reduced while so employed, may appeal from said action or decision to the superior court in the county in which said person is employed. Such appeal shall be privileged in the order of its trial, and shall be tried to the court. The appellant shall give bond to the state or county, as the case may be, to pay all costs in case he fails to sustain his appeal. Costs as in civil actions shall be allowed the prevailing party. If said appeal shall be sustained, the appellant shall be reinstated on the same terms as to employment and compensation as existed prior to said re- moval, with full pay from the date of his removal. — Section 1909. Employment of Children Under Fourteen. Every person who shall employ a child under fourteen years of age during the hours while the school which such child should attend is in ses- sion, and every person who shall authorize or permit on prem- ises under his control any such child to be so employed, shall be fined not more than twenty dollars for every week in which such child shall be so employed. — Section 840. Prosecuting Agents to Enforce School Laws. The state board of education may appoint one or more persons, subject to the approval of a judge of the superior court, to be prosecut- ing agents, who shall diligently inquire into and prosecute for violations of the laws relating to the attendance of children at school, or relating to the employment of children in mechanical, mercantile or manufacturing establishments, and shall exercise in any town or city the authority of grand jurors or prosecuting officers in prosecutions for such violations and may conduct such prosecutions personally or by attorney. Such prosecuting agents may render such aid in the superior court in prosecutions for such violations, and shall give such information with reference thereto, as the state's attorney may require. They shall render to said state board of »education such reports as may be required by said board, which may remove any of such agents at its dis- cretion and appoint another in his stead. Such prosecuting agents shall be paid in the manner provided by law for other agents of said board. — Section 832. Duties of Parents and Guardians. All parents and those who have the care of children shall bring them up in some law- ful and honest employment, and instruct them or cause them to be instructed in reading, writing, spelling, English grammar, geography, arithmetic, and United States history. Every pa- rent or other person having control of a child over seven and under sixteen years of age shall cause such child to attend a pub- l8 LABOR LAWS OF CONNECTICUT. _ lie day school regularly during the hours and terms the public school in the district wherein such child resides is in session, or while the school is in session where provision for the instruction of such child is made, according to law, unless the parent or per- son having control of such child can show that the child is else- where receiving regularly thorough instruction during said hours and terms in the studies taught in the public schools. Chil- dren over fourteen years of age shall not be subject to the re- quirements of this section while lawfully employed at labor at home or elsewhere, but this provision shall not permit such chil- dren to be irregular in attendance at school while they are en- rolled as scholars, nor exempt any child who is enrolled as a member of a school from any rule concerning irregularity of at- tendance which has been enacted or may be enacted by the town school committee, board of school visitors, or board of education, having control of the school. — Section #35. Penalty. Every parent or other person, having control of a child, who shall make any false statement concerning the age of such child with intent to deceive the town clerk or registrar of births, marriages and deaths of any town, or the teacher of any school, or shall instruct a child to make any such false statement, shall be fined not more than twenty dollars. — Section 841. Report of Violations of Law. The school visitors or the town school committee in every town shall, once or more in every year, examine into the situation of the children employed in all manufacturing establishments, and ascertain whether all the pro- visions of this chapter are duly observed, and report all viola- tions thereof to the proper prosecuting authority. — Section 842. Employment of- Child Not Attending Evening School; Pen- alty. No person over fourteen and under sixteen years of age, who cannot read and write, shall be employed in any town where public evening schools are established unless he can produce every school month of twenty days a certificate from the teacher of an evening school showing that he has attended such school eighteen consecutive evenings in the current school month, and is a regular attendant. Every person wlfo shall employ a child contrary to the provisions of this section shall be fined not more than fifty dollars, and the State Board of Education shall en- force the provisions of this section as provided in Section 5326. — Section 8jo. Attendance of Children in Public Schools; Employment; Certificate. Penalty. Whenever the school visitors, town school committee or board of education of any town or district shall .by vote decide or whenever the state board of education shall as- certain that a child over fourteen and under sixteen years of age has not schooling sufficient to warrant his leaving school to be employed and shall so notify the parent or guardian of said chl', ' LABOR LAWS OF CONNECTICUT. TO, in writing, the parent or guardian of said child shall cause him to attend school regularly during the days and hours that the public school in the district in which said parent or guardian re- sides is in session, and until the parent or, guardian of said child has obtained from said board of school visitors, town school committee or board of education, or from the state board of ed- ucation if the notice shall have been given by the said state board of education, a leaving certificate stating that the education of said child is satisfactory to said visitors, town school committee or board of education, or to said state board of education, as the case may be; provided, said parent or guardian shall not be re- quired to cause his child to attend school after the child is six- teen years of age. Each week's failure on the part of a per- son to comply with the provisions of this section shall be a dis- tinct offense, punishable by a fine not exceeding five dollars, and the provisions of Section 838 shall be applicable to all proceed- ings under this section. — Section 837. Penalty. Each week's failure on the part of a person to comply with any provision of Section 835 shall be a distinct of- fense, punishable by a fine not exceeding five dollars. Said pei# alty shall not be incurred when it appears that the child is des- titute of clothing suitable for attending school, and the parent or person having control of such child is unable to provide such .clothing, or its mental or physical condition is such as to render its instruction inexpedient or impracticable. All offenses con- cerning the same child shall be charged in separate counts in one complaint. When a complaint contains more than one count th? court may give sentence on one or more counts and suspend sen- tence on the remaining counts. If at the end of twelve weeks from the date of the sentence it shall appear that the child con- cerned has attended school regularly during that time judgment on such remaining counts shall not be executed. — Section 838. Employment of Children Under Fourteen. Nb child under fourteen years of age shall be employed in any mechanical, mer- cantile or manufacturing establishment. Every person, whether acting for himself or as agent for another, who shall employ or authorize or permit to be employed any child in violation of the provisions of this section shall be fined not more than one hun- dred dollars. A bowling alley shall be regarded as a mercantile establishment within the meaning of this section. — Section 5322. Employment of Child Under Sixteen, Certificate. No child under sixteen years of age shall be employed in any mechanical, mercantile or manufacturing establishment unless the employer of such child shall have first obtained a certificate, signed by the secretary or an agent of the state board of education or by a school supervisor, school superintendent, supervising principal* or acting school visitor designated by said board, stating the date 20 LABOR LAWS OF CONNECTICUT. of the birth of such child, showing that such child is over four- teen years of age, and stating that such child is able to read with facility, to legibly write simple sentences and to perform the op- erations of the fundamental rules of arithmetic with relation both to whole numbers and to fractions, and does not appear to be physically unfit for employment. Such certificate shall have printed on the back a list of the occupations in which the child named in such certificate , shall not be employed. Such certifi- cate shall be in the form prescribed and upon a blank furnished by the state board of education, and shall be issued in tripli- cate; and one copy thereof shall be delivered to the parent or guardian of such child, one copy shall be delivered to the em- ployer, and one copy shall be deposited in the office of the state board of education. Copies of such certificates shall be obtain- able form the state board of education, upon application, at any time. The copy of such certificate delivered to the parent or guardian of the child may be accepted by the employer as a tem- porary certificate, good for one week, after which time it shall be returned to the parent or guardian of .such child. Every per- son, whether acting for himself or as agent for another, who shall Employ or shall authorize or permit to be employed any child in violation of the provisions of this section, shall be fined not more than one hundred dollars. The secretary or the agent of the state board of education or the school supervisor, school super T intendent, supervising principal or acting school visitor to whom application shall be made for a certificate as provided in this sec- tion, shall have power to require all statements of fact offered in support of such application to be made under oath, and such oath may be administered by said secretary or such agent, school su- pervisor, school superintendent, supervising principal or acting school visitor, and said secretary or any such agent, school super- visor, school superintendent, supervising principal or acting school visitor, may cause any child to be examined by a reputable physician for the purpose of aiding him in determining whether such child is physically fit for employment, and may charge the expense of such physical examination aeainst the state as a part of his expenses. A bowling alley shall be regarded as a mer- cantile establishment within the meaning of this section. — Sec- tion 5323. Employer's Duty upon Receiving Certificate. Every em- ployer receiving a certificate issued under the provisions of Sec- tion 532.3 shall promptly notify the state board of education, in writing, in the form prescribed and upon a, blank furnished by said board, of the time of commencement of the employment of .any child thereunder and, whenever such employment terminates before such child attains the age of sixteen years, of the time of the termination of such employment. Every person violating LABOR LAWS OF CONNECTICUT. 21 any provision of this section shall be fined not more than ten dol- lars. — Section 5324. Penalty. Every employer or other person having control of any establishment or premises where children under sixteen years of age are employed who shall neglect to have and keep on file the certificate described in Sections 5323 and 5324 or to show the same, with a list of the names of such children so em- ployed, to the secretary or an agent of the state board of edu- cation, when demanded during the usual business hours, shall be fined not more than one hundred dollars. — Section 5325. Appointment of Agents. It shall be the duty of the state board of education, the school visitors, boards of education and town school committees to enforce the provisions of Sections 5322, 5323, 5324 and 5325 ; and for that purpose the state board of education may appoint agents, under its supervision and con- trol,- for terms of not more than one year, at a salary not to ex- ceed one thousand six hundred dollars annually, and their nec- essary expenses which shall be approved by said board and audited by the comptroller. The agents so appointed may be directed by said board to enforce the provisions of the law re- quiring the attendance of children at school and to perform such other duties as may be required by said board. — Section 5326. Employment of Children in Vacation. Any child in good physical condition, between fourteen and sixteen years of age, on application in. person to the secretary or an agent of the state board of education for a certificate of employment, shall be granted a temporary or vacation certificate, permitting the em- ployment of said child during the summer vacation.' — Section 53*7- High School Pupils for Farm Work. . Any high school pupil over fourteen years of age, who shall volunteer and be accepted for agricultural work on a farm, shall be permitted to re-enter school without loss of standing by reason of absence, provided such pupil maintains the standard prescribed by the committee of food supply and receives a • certificate signed by the governor. This section shall not be operative after the rising of the gen- eral assembly at its January session, 1919. — Section 1003. Billiard and Pool Rooms ; Liquors ; Minors ; Closing. Every person who shall keep open a public billiard or pool room in con- nection with which, or the premises to which it is appurtenant, food is sold or offered for sale, unless there shall be a substantial partition between such billiard or pool room and the place where such food is sold or offered for sale ; and every person who shall keep open a public billiard or pool room in connection with which, or the premises to which it is appurtenant, spirituous and intoxicating liquors are sold or licensed to be sold, during the 22 LABOR LAWS OF CONNECTICUT. hours when the sale of such liquors is prohibited in such room, or, if no such liquors are sold or licensed to be sold, in connection with such room or the premises to which it is appurtenant between hours of one o'clock in the forenoon and eight o'clock in the forenoon or any proprietor or keeper of such public billiard or pool room who shall permit any person to play upon or use a public billiard or pool table during the hours when it is unlawful to keep such room open as prescribed by this section or who shall, at any time, permit any person under eighteen years of age un- accompanied by parent or guardian to loiter in or about such room, or who shall employ any person under eighteen years of age in or about such room, shall be fined not more than fifty dollars or imprisoned not more than thirty days or both. TIil first selectman of any town, chief of police of any city, or the warden of any borough may, in such town, city or borough, or- der all public billiard or pool rooms therein to close at twelve o'clock midnight. Such order shall be in writing, and shall be left with the owner of such billiard or pool room or person hav- ing charge of the same. Any person who shall keep open such billiard or pool room in violation of any provision of any order issued under the provisions of this section, shall be fined not more than fifty dollars or imprisoned not more than thirty days or both. Any sheriff, deputy sheriff, constable or police officer may at any time enter a public billiard or pool room for the pur- pose of ascertaining if the law is being violated therein, and any person who obstructs or hinders the entrance of any such officer shall be fined not more than seven dollars or imprisoned not more than thirty days or both. — Section 6479. Operation of Elevators by Minors. No person under six- teen years of age shall be employed or permitted to have the care, custody, operation or management of an elevator; any person, partnership or corporation violating this provision, shall forfeit not more than twenty-five dollars for each offense. No person un- der eighteen years of age shall be employed or permitted to have the care, custody, management or operation of an elevator, either for freight or passengers, running at a speed of over two hun- dred feet per minute ; any person, whether acting for himself or as agent for another, who shall authorize or permit to be em- ployed, any person in violation of this provision shall be fined not more than one hundred dollars. — Section 2610. Night Work in Messenger Service." No person under the age of eighteen years shall be employed by any telegraph or mes- senger company, in cities having a population of twenty thousand or over, to distribute, transmit or deliver goods or messages be- tween the hours of ten o'clock at night and five o'clock in the morning. The manager of the office of anv corporation who shall violate any provision of this section shall be fined not more LABOR LAWS OF CONNECTICUT. 23 than twenty dollars for each day of such employment. — Section 2611. Unlawful Exhibition or Employment of Child. Every per- son who shall exhibit, use, employ, apprentice, give away, let out or otherwise dispose of any child under the age of sixteen years, in or for the vocation, occupation, service or purpose of rope or wire walking, dancing, skating, bicycling or peddling, or as a gymnast, contortionist, rider or acrobat, in any place; or for or in any obscene, indecent or immoral purpose, exhibition or practice ; or for or in any business, exhibition or vocation, in- jurious to the health, or dangerous to the life or limb of such child ; or who shall cause, procure or encourage any such child to engage therein, shall be fined not more than two hundred and fifty dollars or imprisoned not more than one year or both. — Section 6208. Employment of Children in Certain Occupations Forbidden. No child under sixteen years of age shall be employed or per- mitted to work in operating or assisting in operating any of the following machines : circular or band saws, wood shapers, wood jointers, planers, sandpaper or wood polishing machinery ; picker machines or machines used in picking wool, cotton, fur, hair or any upholstery material ; paper-lace machines ; burnishing ma- chines in any tannery or leather manufactory ; job or cylinder printing presses having motor power other than foot ; wood turn- ing or boring machinery ; stamping machines used in sheet metal and tinware manufacturing or in washer or nut factories ; ma- chines used in making corrugating rolls ; dough brakes or cracker machinery of any description ; wire or iron straightening ma- chinery ; rolling mill machinery ; power punches or shears ; washing, grinding or mixing machinery ; calender rolls in rub- ber manufacturing; or laundering machinery. — Section 5328. Hazardous Employment of Children Forbidden. No child under sixteen years of age shall be employed or permitted to work in adjusting or assisting in adjusting any belt upon any machine, or in oiling or assisting in oiling, wiping or cleaning machinery, while power is attached, or in preparing any compo- sition in which dangerous acids are used, or in soldering, or in the manufacture or packing of paint, dry colors, red or white lead, or in the manufacture, packing or storing of gun or blast- ing powder, dynamite, nitro-glycerine compounds, safety fuses in the raw or unvarnished state, electric fuses for blasting pur- poses or any other explosive, or in or about any distillery, brew- ery or other place where alcoholic liquors are manufactured, packed, wrapped or bottled, or in the manufacture or use of any dangerous or poisonous gas or dye, or composition of lye in which the quantity thereof is injurious to health, or upon any scaffolding, or in any heavy work in any building trade or in any 24 LABOR LAWS OF CONNECTICUT. tunnel, mine or quarry, or in operating or assisting to operate any emery, stone or buffing wheel ; and no female under sixteen years of age shall be employed or permitted to work in any ra- pacity requiring such female to stand continuously. — Section 5329. • Commissioner of Labor and Factory Inspection to Enforce. It shall be the duty of the commissioner of labor and factory in- spection to enforce the provisions of Sections 2610, 5328 and 5329, to investigate all. complaints of violations thereof, and to report all cases of such violation to the prosecuting officer hav- ing jurisdiction. The commissioner of labor and factory in- spection shall, on or before the first day of December in each year, make a report to the governor of the number of such vio- lations found and the number of prosecutions instituted thereon. — Section 5330. Penalty. Every person, whether acting for himself or as agent for another, who shall employ or authorize or permit to be employed any child in violation of any of the provisions of Sections 5328 and of 5329 shall be fined riot more than one hun- dred dollars. — Section 5331. Indenture of Minors by Parents. Parents and guardians of minors may indenture them as apprentices to learn some trade or profession, males till twenty-one, and females till eighteen years of age, or to the time of their marriage within that age, provided such minor assent to and subscribe the indenture.— Section 5294. Minors May Indenture Themselves. Minors of the age of fourteen years, having no parent or guardian within the state, may indenture themselves apprentices, with the approbation of the. selectmen of the town.- — Section 5295. Selectmen May Indenture Apprentices. If any person, who has had relief from any town, shall suffer his children to mis- spend their time and shall neglect to employ them in some hon- est calling, or if any person does not provide competently for his children, whereby they are exposed to want, or if any poor chil- dren in any town live idly or exposed to want and there are none to take care of them, the selectmen of such town, with the as- sent of a justice of the peace, may indenture such children to be apprentices to some proper trade for said term ; and may inden- ture them in like manner, to any society, incorporated for the purpose of educating and relieving orphans or destitute chil- dren, located in this state, and may contract with such society to defray wholly or in part the expenses of such child while in the institution to an amount not exceeding one dollar and fifty cents a week ; such society shall have the same authority with regard to such children as over those surrendered to them by their pa- rents. — Section 5296. LABOR LAWS OF CONNECTICUT. 25 Trustees of Connecticut School for Boys May Indenture Boy as Apprentice. The trustees shall have full power to place any boy committed to said school during minority at such employment, and cause him to be instructed in such branches of useful knowledge, as may be suitable to his age and capacity; and they may with the consent of any such boy, or his parents or guardians, bind him out as an apprentice during his minority, or for a shorter period, to learn a trade, or to other employment, as in their judgment will tend to his future benefit ; and the president of the board shall, for such purpose, have power to execute and deliver, on behalf of the said board, indentures of apprenticeship for any such boy ; and such indentures shall have the same force and effect as indentures of apprenticeship executed by his legal guardian, and shall be filed with the records in the office of said school. — Section 1811. Trustees to Control Person and Earnings of Boy so Placed. The trustees of said school shall have and exercise full control of the persons and earnings of boys so placed out during their minority, and shall, at least once during every period of six months, obtain, by authorized visitation or inspection, definite and reliable information concerning their general deportment and progress in the occupations they are pursuing, and in gen- eral shall exercise in their behalf the care and supervision of guardians. The number and general condition of boys so placed out and cared for shall be embraced in the annual report of the trustees of the school. — Section 1815. Pupils May Be Bound Out. The directors may bind out to service girls committed to the Connecticut Industrial School for Girls for terms not exceeding the terms of their respective com- mitments. — Section 1824. (Absconding Apprentice Liable for Damages. If any in- dentured apprentice shall, abscond from the service of his mas- ter such apprentice, when of age, shall be responsible for all the damages thereby occasioned. — Section 5300. Punishment for Disobedient Apprentices. If any inden- tured apprentice shall neglect to serve, according to the terms of the indenture, or shall disobey the lawful commands of his mas- ter, or waste his property, or be guilty of any wilful neglect of duty, the master may complain to any two justices of the peace in the town where he lives, who may issue a warrant and cause such apprentice to be brought before them, and inquire into the truth of the matters complained of ; and if they find such appren- tice guilty, may commit him to the workhouse for not more than thirty days; but such justices may order such apprentice, on reformation, to be released from the workhouse, or may can- cel the indenture. — Section 5297. 26 LABOR LAWS OF CONNECTICUT. Runaway Apprentice. When an indentured apprentice shall leave the service of his master any justice of the peace, on complaint of the master, may issue his warrant to any proper of- ficer to pursue such apprentice and bring him back at the ex- pense of the master. — Section 5298. Release of Apprentice from Service. Parents, guardians, selectmen, trustees of the Connecticut School for Boys and di- rectors of the Connecticut Industrial School for Girls shall in- quire into the treatment of apprentices indentured by them re- spectively ; and if fhey find that the master has failed to perform his part of the indenture they may cancel the indenture. — Section 5 2 99- Enticement of Minor from Lawful Service. Every person who shall eloign any lawfully bound minor from the service or custody of his master, or shall entice such minor from such ser- vice, shall be fined not more than one hundred dollars or impris- oned not more than six months. — Section 6302. Employment of Minors and Women in Manufacturing or Mechanical Establishment. No minor under sixteen years of age and no woman shall be employed in any manufacturing or mechanical establishment more than ten hours in any day, or fif- ty-five hours in any calendar week. Every employer in such es- tablishment shall post in a conspicuous place in every room where such persons are employed a notice, the form of which shall be furnished by the commissioner of labor and factory inspection, specifically stating the hours of work required of them on each day of the week, and the employment of any such person for a longer time on any day than so stated shall be a violation of this section. — Section 5301. Employment of Minors and Women in Mercantile Estab- lishment. No minor under sixteen years of age and no wom- an shall be employed in any bowling alley or mercantile estab- lishment, other than manufacturing or mechanical, more than fifty-eight hours in any calendar week, provided, any employer who shall, during each year, give not less than seven holidays with pay, shall be exempt from the provisions of this section during the period from the seventeenth to the twenty-fifth day of December of each year. Every employer in such an estab- lishment shall post in a conspicuous place in every room where such persons are employed a notice, the form of which shall be furnished by the commissioner of labor and factory inspection, stating specifically the hours of work required of such persons on each day of the week, and the employment of any such per- son for a longer time on any day than so stated shall be a vio- lation of this section. — Section 5302. LABOR LAWS OP CONNECTICUT. 2~] Night Employment of Minors and Women Regulated. No person under sixteen years of age shall be employed in any man- ufacturing or mechanical establishment after six o'clock in the afternoon ; and no such minor shall be employed in any mercan- tile establishment after six o'clock in the afternoon on more than one day in each calendar week, except during the period from the seventeenth to the twenty-fifth day of December of each year ; and no such minor and no female over sixteen years of age shall be employed in any such establishment after ten o'clock in the evening — Section 5303. Commissioner of Labor and Factory Inspection to Search for Violations. It shall be the duty of the commissioner of labor and factory inspection to examine and inquire into the em- ployment of minors and women in the establishments described in the three preceding sections, and to investigate all complaints of violations thereof, and to report all cases of such violations to the prosecuting officer having jurisdiction thereof. The said commissioner shall, on or before the first day of December in each year, make a report to the governor of the number of such violations so reported by him, and of the prosecutions instituted thereon. — Section 5304. Penalty. Every person who wilfully employs, or has in his employment or under his charge, any person in violation of Sec- tions 5301, 5302 or 5303, and every parent or guardian who per- mits any such minor to be so employed, shall be fined not more than twenty dollars for each offense. A certificate of the age of a minor, made as provided in Section 5323, shall be conclusive evidence of his age upon the trial of any person other than the parent or guardian for violation of any provision of said sec- tions. Nothing in this chapter shall affect the provisions of Sec- tion 835. — Section 5305. Hours of Employment of Minors and Women; Penalty. No public restaurant, cafe, dining room, barber shop, hair dressing or manicuring establishment or photograph gallery shall employ any minor under sixteen years of age or any woman, between the hours of ten o'clock in the evening and six o'clock in the morn- ing. No such establishment shall employ any such minor or fe- male more than fifty-eight hours in any week. The hours of labor of such minors or females shaft be conspicuously posted in such establishment in such form and manner as the commission- er of labor and factory inspection shall determine. The provi- sions- of this section shall not affect hotels. The commissioner of labor and factory inspection shall examine and inquire into the employment of such minors and women in the establishments described in this section and investigate all complaints of viola- tions hereof and report all cases of such violation to the prose- cuting officer having jurisdiction thereof. Said commissioner 28 LABOR LAWS OF CONNECTICUT. shall on or before the first day of December of each year make a report to the governor of the number of violations found and of the prosecutions instituted therefor. Any person violating any provision of this section shall be fined not more than one hundred dollars for each offense. — Section 5306. Seats to Be Provided for Female Employees. Every person, partnership or corporation, employing females in any mercantile, mechanical or manufacturing establishment shall furnish and provide suitable seats for the use of all females so employed, and shall permit the use of such seats by said females when they are n 4 ot necessarily engaged in the active duties for which they are employed. Every person, partnership or corporation violating any provision of this section shall be fined not more than fifty dollars. — Section 5321. Employment of Women Before or After Confinement. It shall be unlawful for the owner, proprietor, manager, foreman or other person in authority, of any factory, mercantile estab- lishment, mill or workshop knowingly to employ a woman or per-: mit a woman to be employed therein within four weeks previous to confinement or four weeks after she has given birth to a child. Any person who shall violate any provision of this section shall be fined not more than twenty-five dollars or imprisoned not more than thirty days or both. — Section 5309. Legal Day's Work. Eight hours of labor, performed in any one day, by any one person, shall be a lawful day's work, unless otherwise agreed. — Section 5307. Wages Paid Weekly. The comptroller shall make weekly payments of wages to all persons employed by him about the state capitol and grounds, except those who are employed only during a session of the general assembly, or whose compensation is fixed by law. — Section 161. Withholding Wages. Any person or corporation that shall withhold any part of the wages of any person, because of any agreement expressed or implied requiring notice before leaving the employment, shall forfeit fifty dollars, half to him who shall sue therefor, and half to the state. — Section 5312. Weekly Payments. Every corporation employing labor shall pay to its employees such compensation or wages as may be agreed upon, once a week; and such payment shall include all wages earned and unpaid up to the eighth day preceding the day of payment, and no deduction from said wages shall be made on account of such weekly payment. — Section 5313. Exemption from Weekly Payments. Every corporation which shall pay weekly to such of its employees as shall call at the usual place of payment for the same, eighty per centum of their estimated wages, earned and unpaid before the eighth day LABOR LAWS OF CONNECTICUT. 20, preceding the day of payment, making no discount on account of such weekly payment, and shall pay in full once in each month, and shall give notice of the same in its printed rules and regulations, shall be exempt from the provisions, of Section 5313.— Section 5314. Penalty. Every officer of a corporation violating any pro- vision of Section 5313 shall be fined fifty dollars. — Section 5315. Superintendent Not to Receive Pay for Procuring Employ- ment. No contractor, foreman, superintendent or supervisor of labor shall, while giving or contracting to furnish employment to any person, exact or receive any pay or fee directly or indi- rectly from such person for so furnishing employment. Every person violating any provision of this section shall be fined not more than fifty dollars or imprisoned not more than sixty days or both. — Section 5316. Laborers Not to Be Overcharged. Every agent of a corpo- ration, or other person employing laborers, who shall charge or exact for articles of merchandise sold to such laborers a greater sum than is a reasonable price therefor in the town or city where such sales are made shall be fined not more than twenty-five dol- lars for such sale of each separate article. — Section 5318.. Wages Not to Be Scaled. No employer of labor, or any per- son acting for him, shall make a discount or deduction from the wages of any person employed by him, when the wages of the employee or any part thereof are paid at an earlier time than that at which such wages would regularly have been paid. Every person violating this section shall be fined not more than one hundred dollars. — Section 5319. Assignment of Future Earnings. No assignment of future earnings made as security for a loan or other indebtedness shall be valid unless the amount of such indebtedness shall be stated therein, together with the rate of interest to be' charged thereon, nor unless the term for which such earnings are assigned shall be definitely limited in the assignment, nor unless such assign- ment shall bear a dated certificate of acknowledgment of the as- signor made before a proper authority. No such assignment shall be valid against an attaching creditor of the assignor unless such assignment shall also be recorded before such attachment in the town clerk's office in the town where the assignor resides, or, if he resides without the state, in the town where the employer re- sides, and a copy thereof left with the employer from whom the wages are to become due. All certificates of acknowledgment required herein shall bear date of the day such acknowledgment is made, and any person who shall intentionally date such a cer- tificate of acknowledgment as of a date other than the actual date such acknowledgment ■ is made shall be fined not more than 30 LABOR LAWS OF CONNECTICUT. twenty-five dollars or imprisoned for not more than thirty day? or both. — Section 4752. Costs Where Wages Only Are Attached. In any action in which wages only are attached no costs shall be taxed in favor of the plaintiff, unless it shall appear to the court or justice of the peace before which or whom such action is brought, that de- mand was made upon the defendant for the payment of the claim sued for, not more than thirty days nor less than three days prior to the bringing of such action. — Section 5806. Costs on Attachment of Debt for Personal Services. In any action in which, upon the service of process, moneys due to the defendant by reason of personal services are attached, the plain- tiff shall not recover of the defendant, as costs, a sum exceeding one-half of the amount of damages recovered in the action. — Section 5809. Exemption of Wages, Benefits and Insurance Moneys. Sc much of any debt accruing by reason of the personal services of the defendant as shall not exceed twenty-five dollars in case of debts which accrued prior to May 5th, 191 5, and fifteen dollars in case of debts accruing on or after said date, including wages due for the personal services of any minor child, shall be exempt and not liable to be taken by foreign attachment or execution, but there shall be no exemption of any debt accruing by reason of the personal services of the defendant against a claim for the defendant's personal board, or for the rental of any house or tenement occupied by the defendant as a place of residence when such rental shall not exceed the sum of twenty-five dollars, pro- vided, in any action founded upon such claim, in which such debt is sought to be attached by foreign attachment, the complaint shall set forth only the true cause of action and the amount due thereunder, so that the garnis*hee may be informed, from the al- legations of the complaint, of the nature and amount of the de- mand. All benefits allowed by any association of persons in this state towards the support of any of its members incapaci- tated by sickness or infirmity from attending to his usual busi- ness shall also be exempt and not liable to be taken by foreign attachment or execution ; and all moneys due the debtor from any insurance company upon policies issued for insurance upon property, either real or personal, which is exempt from attach- ment and execution shall in like manner be exempt to the same extent as the property so insured. — Section '5945. Order of Payment of Claims. On the finai settlement of the estate of a deceased person the court of probate shall direct the payment of claims against such estate to be made in the follow- ing order; first, the funeral expenses and the expenses of set- tling the estate ; second, debts due for the last sickness of the de- ceased ; third, all lawful taxes and all debts due to the state and LABOR LAWS OF CONNECTICUT. 3 1 to the United States ; fourth, all debts due to any laborer or me- chanic for personal wages for labor performed by such laborer or mechanic for the deceased within three months next preceding the decease of such person ; fifth, other preferred claims ; and last, all other debts allowed, in proportion to their respective amounts. — Section 50'oy. Receivership, Wages to Be preferred Claims. Every debt due to any laborer or mechanic for personal wages, from any' corporation or partnership for which a receiver shall be ap- pointed for any labor performed for such corporation or partner- ship within three months next preceding the service of the ap- plication for the appointment of a receiver, shall be paid in full by the receiver, to the amount of one hundred dollars, before the general liabilities of such corporation or partnership are paid. — Section 6088. Attachment in Actions Against Voluntary Associations and Their Members. The property of a voluntary association, whether held by it or by trustees for its benefit, may be attached and held to respond to any judgment that may be recovered against it ; but the individual property of its members shall not be liable to attachment or levy of execution in actions against such associations to which such members are not parties. Any judgment obtained in a joint action against such association and its members shall be satisfied 'first from the personal property of such association, if the same be sufficient, and thereafter the property of any member of such association against whom judg- ment was rendered jointly with such association may be taken upon execution to satisfy the unpaid portion of such judgment. The attachment lien on the personal property of any member of such voluntary association against whom judgment is ren- dered in an action so brought shall not expire until two months from the completion of the levy issued upon the personal prop- erty of such association ; and if real estate of any member is at- tached in such action and judgment therein shall be rendered, the attachment lien thereon shall not expire until four months from the completion of the levy of the execution against the per- sonal property of such association. Nothing herein contained shall be construed as prohibiting the plaintiff in any action of tort from satisfying such judgment out of the real estate of such association. — Section 3876. Employers' Threats. Every person who shall, at or within sixty days prior to any electors', town, city, borough or school meeting, attempt to influence the vote of any operative in his employ by threats of withholding employment from him or by promises of employment or who shall dismiss any operative from his employment on account of any vote he may have given at any such meeting, shall be fined not less than one hundred dol- 32 LABOR LAWS OF CONNECTICUT. lars nor more than five hundred dollars' or imprisoned not less than six months nor more than twelve months or both.— Section 650. Intimidating, Boycotting. Every person who shall threat- en, or use any means calculated or intended to intimidate, any person to compel such person, against his will, to do or abstain from -doing any act which such person has a legal right to do, or 'shall persistently follow such person in a disorderly manner, or injure or threaten to injure his property, with intent to intimi- date him, shall be fined not more than one hundred dollars or im- prisoned not more than six months. — Section 6358. Attempt to Prevent Laborers Joining Labor Organizations. Every person, and every agent or officer of any corporation, who shall coerce or compel, or attempt to coerce or compel, any la- borer, mechanic or other employee in the employ of such person or corporation, to agree, that as a condition of retaining his po- sition as such employee, he will not join any labor organization, shall be fined not more than two hundred dollars or be impris- oned not more than six months or both. — Section 6359. Blacklisting. Any person, or any officer or agent of any corporation, company or firm, who shall blacklist any employee, mechanic or laborer, or publish or cause to be published the name of any employee* mechanic or laborer with the intent and for the purpose of preventing such employee, mechanic or laborer from engaging in or securing employment from any other person, corporation, company or firm, or shall in any manner conspire or contrive, by correspondence or otherwise, to prevent such em- ployee, mechanic or laborer from procuring employment, shall be punished by a fine of not less than fifty and not more than two hundred dollars ; but the provisions of this section shall not be construed so as to prohibit any person, or any officer or a°;ent of any corporation, company, or firm from giving a truthful statement of any facts concerning a present or former employee of such person, corporation, company or firm, on the application of such employee or of any person, or any officer or agent of any corporation, company or firm, who may be considering the employment, of such employee. — Section 6360. Records of Employees; Inspection. N\o person or corpora- tion, nor any agent or attorney thereof, nor any association of persons or corporations, shall maintain, subscribe to, belong to or support any bureau or agency conducted for the purpose of preserving and furnishing to any member thereof or to others in- formation descriptive of the character, skill, acts or affiliations of any person whereby his reputation, standing in a trade, or ability to secure employment may be affected, unless a complete record of such information shall be open at all reasonable times to the inspection of the person to whom such information re- LABOR LAWS OF CONNECTICUT. 33 lates, or his duly authorized agent or attorney. All items of in- formation pertaining to each person so described shall be re- corded, in reasonably clear and unambiguous terms, on a single sheet or card, and all records preserved in any such bureau or agency shall be at all times open to the inspection of the commis- sioner of labor and factory inspection. The name of the person or corporation, together with the names of the officers of any such corporation, conducting any such bureau or agency, the exact business address- of such bureau or agency, and the name of every subscriber thereto or member thereof shall be furnished promptly to the commissioner of labor and factory inspection and by him recorded and preserved in a convenient form for pub- lic inspection. Any person or corporation, or any officer or employee of any bureau or agency subject to the provisions ol this section, who shall violate any of said provisions shall be fined not less than fifty nor more than two hundred dollars tor each offense. This section shall not apply to religious or chari- table institutions maintained solely for humanitarian purposes ; nor to agencies maintained solely for the purpose of vending em- ployment and in which persons seeking such employment duly authorize the registration of their names and qualifications ; nor to companies, agencies or associations Conducted solely for the purpose of preserving records and furnishing reports of financial standing and personal or business credit ; nor to the private rec- ords of employees kept by any person or corporation to be used in accordance with the provisions of Section 6360. — Section 6361. Work and Recreation on Sunday. Every person who shall do, or require an employee to do any secular business or labor, except works of necessity or mercy ; or, unless required by nec- essity or mercy, keep open any shop, warehouse or manufactur- ing or mechanical establishment, or sell or expose for sale any goods, wares or merchandise, or, except as hereinafter provided engage in any sport, between the hours of twelve o'clock Satur- day night and twelve o'clock Sunday night next following, shall be fined not more than fifty dollars. The provisions of this sec- tion shall not affect the issue or service of any criminal complaint or any proceedings thereon, nor the performance by haywards of their duties, nor the issue or service of complaints for injunc- tions and orders there&n, nor the issue or service of any other civil process, except between sunrise and sunset on Sunday. The foregoing provisions of this section shall not apply to any amateur ball game, or other outdoor game or sport by or between amateurs, after two o'clock in the afternoon on Sunday; provided,, no admission fee is charged, and provided the same be so con- ducted as not to interfere with public worship or disturb the rea- 34 LABOR LAWS OF CONNECTICUT. sonable comfort, quiet and peace of any person. The park com- missioners or park committee of any town, city or borough are authorized to permit free concerts or music to be given, and proper amateur athletic sports to be engaged in, between the hours of two o'clock and sunset on Sunday afternoon, at stated places, in one or more of the public parks belonging to said town, city or borough, subject to such rules as the respective commit- tee or commissioners may adopt for the purpose of securing or- der and quiet conduct on the part of all who shall engage in said music or sports, and also of all persons in attendance; provided, only places shall be so designated where such music can be giv- en or sport engaged in without disturbing the reasonable com- fort, quiet and peace of any other citizen ; and provided, no game or sport shall be permitted in any tournament, or for any admis- sion fee or prize. Every person who shall be present at any concert of music, dancing or other public diversion on Sunday, or on the evening thereof, except as permitted by this section, shall be fined not more than four dollars. The provisions of this section shall not affect those of Sections 794, 6451, 6452 and 6453. Prosecutions for the violation of any of the provisions of this section shall be brought within one month after the com- mission of the offense. — Section 6450. Sale of Articles on Sunday. The sale of milk, bakery prod- ducts, fruit, ice, ice cream, confectionery, non-alcoholic bever- ages and drinks, tobacco in any form, smokers' supplies, newspa- pers and other periodicals, drugs or automobile supplies, by re- tail dealers whose places of business are open for the sale there- of on secular days, shall not be a violation of the provisions of Section 6450, provided, the provisions of this section shall not apply to any hotel or restaurant or be construed to permit any person to engage in any business on Sunday at a place where he is licensed to sell spirituous or intoxicating liquors, except a reg- ularly licensed druggist, who shall not on Sunday, sell any spir- ituous or intoxicating liquor except upon the prescription of a licensed physician. — Section 6451. Employment of Labor on Sunday, Exception. Except in cases of emergency, it shall be unlawful for any person to require or permit any employee engaged in any commercial occupation or in the work of any industrial process to do any work of his occupation on Sunday, unless such employee shall be relieved from work for one full regular working day during the six days next ensuing. This section shall not be construed as authoriz- ing any work on Sunday not authorized by law ; nor as applying to farm or personal service, to druggists, watchmen, superinten- dents or managers, janitors, or persons engaged solely' in trans- portation, nor to the sale or delivery of milk, food or newspa- pers, nor to such commercial occupations or industrial processes LABOR LAWS OF CONNECTICUT. 35 as by their nature are required to be continuous ; nor as prohib- iting the doing of necessary work of inspection, repair or care of any manufacturing or other plant/or of any merchandise or stock on Sunday. Any person violating any provision of this section shall be fined not more than two hundred dollars for each of- fense. — Section 6452. Persons Who Observe Saturday Excepted from Sunday Law. No person who conscientiously believes that the sev- enth day of the week ought to be observed as the Sabbath, and actually refrains from secular business and labor on that day, or who conscientiously believes that the Sabbath begins at sun- down on Friday night and ends at sundown on Saturday night, and actually refrains from secular business and labor during said period, and who has filed written notice of such belief with the prosecuting attorney of the court having jurisdiction, shall be lia- ble to prosecution for performing secular business and labor on Sunday, provided he disturbs no other person who is attending public worship. — Section 6453. Sunday Laws Not Applicable to Electric Cars. No law af- fecting travel, business, or labor on Sunday, or the operation on Sunday of any railroad or railway, shall apply to any railroad company or street railway company so as to prohibit or limit the operation on Sunday of electric cars. — Section 3869. Appointment of Board of Arbitration. During each bien- nial session of the General Assembly the governor shall, with the advice and consent of the senate, appoint a state board of med- iation and arbitration, to consist of three persons, each of whom shall hold his office for two years. One of said persons shall be selected from the party which at the last general election cast the greatest number of votes for governor, one from the party which at the last general election cast the next greatest number of votes for , governor, and the other from a bona fide labor or- ganization of this state. Said board shall select one of its num- ber to act as clerk or secretary, who shall keep a record of the proceedings of- the board and also keep all documents and tes- timony submitted to said board ; he shall have power to call for and examine the books, papers and documents of the parties to all cases before said board. Said arbitrators shall be sworn be- fore entering upon the discharge of their duties. : — Section 5332. Duties of Board of Arbitration. Whenever a grievance or dispute shall arise between an employer and his employees, the parties may submit the same directly to the state board of med- iation and arbitration, and notify said board or its clerk in writ- ing. Whenever such notification is given, said board shall pro- ceed with as little delay as possible to the locality of such griev- ance or dispute and inquire into the causes thereof. The parties 36 LABOR LAWS OF CONNECTICUT. shall thereupon submit to said board, in writing, succinctly, clearly and in detail, their grievances and complaints and the causes thereof, and severally promise and agree to continue in business or at work without a strike or lockout until the decision of said board is rendered; provided, it shall -be rendered within ten days after the completion of the investigation. The board shall fully investigate and inquire into the matters in contro- versy, take testimony under oath in relation thereto, and may by its chairman or clerk administer oath and issue subpoenas for the attendance of witnesses and for the production of books and papers. — Section 5333. Decision to Be in Writing. After a matter has been fully heard, the board, by a majority of its members, shall within ten days render a decision thereon in writing, signed by a majority of the members of the board, stating such details as will clearly show the nature of the decision and the points disposed of by said board. One copy of the decision shall be filed by the board in the office of the town clerk in the town where the controversy arose, and one copy shall be given to each of the parties to the controversy. — Section 5334. Duty of Board in Case of a Strike. Whenever a strike or lockout shall occur, or is seriously threatened and it shall come to the knowledge of the board, it shall proceed, as soon as prac- ticable, to the locality of such strike or lockout, put itself in com- munication with the parties of the controversy, and endeavo'r by mediation to effect a settlement of such strike or lockout; and may inquire into the causes of the controversy, and may sub- poena witnesses and send for persons and papers. — Section 5335. Reports. Said board shall, on or before the first of De- cember in each year, make a report to the governor, and shall include therein such statements, facts and explanations as will disclose the actual working of the board, and such suggestions as to legislation as may seem to it conducive to harmony in the relations between employers and employed. — Section 5336. Definition of Term Employer. The term employer shall in- clude a firm, company and corporation. — Section 5337. Warden of State Prison, Powers and Duties. The warden may employ such number of prisoners, as may be approved by the board of directors* outside the prison walls, within the state, under the charge of some proper officer of the prison. He shall provide for prisoners suitable food and clothing, and proper im- plements and materials for their work, and shall provide for the relief of any sick or infirm prisoner, and the cost thereof shall be paid out of the earnings of such prisoners, if sufficient, and if not, by the state ; shall superintend the labor and conduct of the LABOR LAWS OF CONNECTICUT. 7,7 prisoners; shall act as general agent of the prison in the pur- chases and sales therefor, which shall be for cash only, shall keep accurate accounts, and render the same to the directors at their stated meetings, and when requested, communicate to them any information in his knowledge respecting the prison; and shall settle his accounts with the comptroller, quarterly, and may in his own name, as warden, sue on any contract made by him in the business of said prison. — Section 1933. Employment of Convicts and Prisoners. The county com- missioners of any county may, with the consent of the sheriff of such county, cause prisoners serving terms in the jail or work- house thereof to labor upon any bridge or public highway or property adjacent thereto, or in, upon or about any. property in such county ; and the county commissioners may require all con- victs in said jails or workhouses, to work according to their ability, permit other prisoners therein, if the latter desire, to be provided with materials for work and employment, require the deputy jailer or deputy jailers, or other officers and employees, to superintend the conduct and labor of the prisoners, prescribe rules for the government, management, discipline and employ- ment of the prisoners in the jails and jail buildings of their re- spective counties, and the respective sheriffs shall enforce the same. Said commissioners shall visit the jails in their several counties at least once a month, examine into their management and audit all accounts pertaining to the jails. — Section 1969. Convicts, Employment Restricted. No person confined for crime shall be employed in or about the manufacture or prepar- ation of tobacco, or of any article which in its use comes into contact with the mouth of a human being; provided, the state department of health may, subject to such inspection and such regulations as it may adopt concerning the persons who may be so employed, permit such employment. — Section 1936. Discharge of Prisoner Held for Costs. Every prisoner, de- tained only for the payment of costs, shall be allowed for his labor the wages paid journeymen for like labor, but if, in the opinion of the directors, he shall be unable to pay said costs, and has conducted himself well during his confinement, the warden may remit the amount of such costs and discharge him. — Sec- tion 1948. Labor for Fine and Costs ; Limitation. Every person com- mitted to any jail upon conviction of any criminal offense, and held therein only for fine or costs or both, shall be discharged when the labor of such person at the rate of one dollar a day shall amount to said fine and costs ; but no person shall be held in jail for the costs, if unable to pay them, on any one conviction more than four months. — Section 1977. 38 LABOR LAWS OF CONNECTICUT. Employment of Prisoners on the Highways. The warden of the state prison may furnish, in his discretion, upon requisi- tion by the highway commissioner, for employment upon any highway, any prisoner confined therein other than a prisoner serving a sentence for life, and shall furnish necessary guards. — Section 1934. Contracts for Labor of Persons in Public Institutions. No contract or agreement shall be made, for the labor or services of inmates of any penal or other state or county institution in the manufacture of goods or any portion of such manufacture or for the product of such labor or services, except after public notice by advertising in at least three daily papers having a circulation in different sections of the state calling for sealed proposals or bids for, such labor, or the product thereof, and such proposal or bid, received in accordance with such no- tice, as is by its terms most advantageous to the state or county maintaining such institution, shall be accepted by the authorities in charge of the disposal of such labor, or the product thereof, and such contract or agreement shall be made in accordance with the terms of such notice and such proposal or bid. No such con- tract or agreement shall be made for any period exceeding four years. The provisions of this section shall not apply to contracts for the labor of inmates of county institutions in farm, domestic or casual service. — Section 1935. Allowance for Labor in Payment of Fine. Every prisoner held in said prison for non-payment of a fine shall be al- lowed one hundred dollars a year for his labor, from the time when his imprisonment for non-payment of said fine commenced, if, in the opinion of the warden and directors, he shall have been submissive to the officers of the prison during his confinement, and conduct himself as a faithful prisoner. — Section 1949. Allowance for Labor. Any person imprisoned. in the State Prison, who, by reason of good conduct and upon the recommen- dation of the warden, shall be deemed worthy by a majority of the directors, shall receive as compensation for services per- formed by him, a sum not exceeding ten cents per diem during the term of his imprisonment. Such sum shall be deposited in some savings "bank, state bank or trust company, in this state, under the direction of the board of directors and the warden, and, with the interest accumulated thereon, shall be paid to such convict by the warden upon his discharge from said prison. The warden may pay to such person, with the advice and consent of the directors, during the term of such imprisonment such sum as may, in his opinion, be necessary for the welfare of such con- vict. — Section 1950. Food; Clothing; Medical Aid; Work. The deputy jailer or deputy jailers under the rules and directions of the county LABOR LAWS OF CONNECTICUT. 39 commissioners shall procure suitable food, clothing and medi- cal aid for prisoners committed on criminal process, and such im- plements and materials as shall be proper for employing and keeping such prisoners at work, and said commissioners shall draw their orders in payment for the same upon the treasurers of their respective counties. — Section 197 1. Workhouses — How Established. Any town may establish a workhouse and provide suitable buildings for the confinement of offenders sentenced thereto ; furnish materials for. their work, direct the kind of labor and the manner and place in which it is to be performed, either in or out of the workhouse ; and make any lawful regulations necessary to carry into effect the provi- sions of this chapter. — Section 1995. Duties of Masters. The master shall receive all persons lawfully sent there and keep them employed in such labor as they shall be able to perform ; and if any one of them shall refuse to work in a proper manner may put him in close confinement until he shall obey orders, and in case of great obstinacy or per- verseness, may reduce him to bread and water until he shall be brought to obedience. — Section 1997. Fire Escapes on Certain Buildings. Every story above the first story of a building used as a schoolhouse, orphan asylum, insane asylum, reformatory, opera house, hall for public assem- blies, hotel, boarding or lodging house accommodating more than twelve persons, or a tenement house occupied by more than two families or as a workshop, manufactory or store in which more- than ten persons are employed above the first story, or of a building used in any way not named above but which has a sim- ilar need of such protection, shall be provided with more than one way of egress, by stairways on the inside or fire escapes on the outside of such buildings. Such stairways and fire escapes shall.be so constructed, in such number, of such size and in such location as to give, in the opinion of the officer charged with the enforcement of this section, safe, adequate and convenient means of exit, in view of the number of persons who may need to use such stairway or fire escape, shall at all times be kept free from obstruction and shall be accessible from each room in every story above the first story. A ladder affixed to any of the premises herein described shall not be considered a fire escape within the meaning of this section and of sections 2622 and 2623.— Section 2621. Workshops and Factories, Fire Regulations, Enforcement. The Commissioner of Labor and Factory Inspection shall have power to enforce the provisions of Sections 2621 and 2623, so far as concerns workshops and factories, and may order fire es- capes erected thereon whenever deemed by him to be necessary ; 40 LABOR LAWS OF CONNECTICUT. and any owner, agent or lessee, neglecting or refusing to. comply with such order shall be subject to the penalties >$feserifeed in Section 2627. — Section 2622. Fire Escapes in Hotels and Other Buildings. If any build- ing specified in Section 2621 or any workshop, manufactory, boarding house, tenement house or other building used in whole or in part for any of the purposes therein specified, or in which more than six persons shall be employed above the third story, shall be more than three stories in height, it shall be provided with at least one fire escape of iron or other incombustible ma- terial on the outside of said building; and if such building shall be more than one hundred and fifty feet in length it shall be provided with one such fire escape for every one hundred and fifty feet, or a fractional part thereof exceeding fifty feet, and such fire escape shall be conveniently accessible from each story of said building; and if such building be a tenement house the fire escapes shall be directly accessible from each apartment, without passing through any public hall. Any hotel or other building connected therewith, which is more than two stories in height and contains sleeping accommodations for more than ten persons, shall be provided with one such fire escape for each one hundred and fifty running feet, or a fractional part thereof exceeding fifty feet, in the perimeter of such hotel or other building. — Section 2623. Owner of Building ; When Liable ; Penalty. In all cases in which any person shall suffer injury or in which the death of any person shall ensue in consequence of the failure of the owner of any building to provide the same with fire escapes or stairways as required by the provisions of Sections 2621, 2622 and 2623, or in consequence of the failure of such owner to comply with any order of the commissioner of labor and factory inspection, made in conformity to the provisions' thereof, such owner shall be liable to any person so injured for damages for such injury, and in case of death such owner shall be liable in damages for the injury caused by the death of such person. It shall be no defense to any action for the recovery of such damages that the person injured or whose death ensued as aforesaid, had knowl- edge that such building was not provided with fire escapes or stairways as required by said sections or that such person con- tinued to work in or to occupy such building with such knowl- edge. The owner of any building, or in case such owner be non compos mentis or a minor, the guardian of such owner, or in case such owner be a non-resident, the agent of such owner hav- ing charge of such property, who shall fail to comply with the provisions of Sections 2621, 2622 and 2623 shall be fined not less than one hundred nor more than five hundred dollars or im- prisoned not more than three months or both. — Section 2624. LABOR LAWS OF CONNECTICUT. 4 1 Fire Escape Appliances. Every owner, lessee, proprietor or manager of a hotel, unless, in the opinion of the commissioner of labor and factory inspection filed in the office, of the secretary of the state, such hotel be of approximately fireproof construc- tion and sufficiently supplied with a safe and proper means of egress, shall cause to be placed a knotted rope or other better ap- pliance, for use as a fire escape, in every room of said hotel used as a lodging room," except rooms on the ground floor ; which knotted rope or other better appliance shall be securely fastened to a suitable iron hook or eye to be securely screwed into one of the joists or timbers next adjoining the frame of one of the win- dows of said room at least five feet from the floor, which rope shall be, at all times, kept coiled and exposed to the plain view of any occupant of said room ; the coil to be fastened in such man- ner as to be easily and quickly loosened and uncoiled ; such "rope shall contain knots not more than eighteen inches apart and a . loop on the end at least three inches in length, and shall not be less than one-half inch in diameter and of sufficient length to reach from the window to the ground. Such rope, iron hook or eye and fastenings shall be of sufficient strength to sustain a weight of four hundred pounds, and there shall be plain printed directions how to use such rope or other better appliance posted within six inches of the hook or eye to which the rope is fas- tened. — Section 2626. Penalty. Every person violating any provision of Section 2626 shall be fined not more than five hundred dollars or impris- oned not more than six months or both. — Section 2627. Protection lof Workmen Employed on Building. Every person employing another to perform labor of any kind in erect- ing, repairing, altering or painting any building or other struc- ture who shall provide or furnish, or cause to be provided or fur- nished, for the performance of such labor, any swinging scaffold- ing or staging to be used on the exterior of such building or other structure at a greater height than thirty-five feet from the ground, shall, except as hereinafter provided, equip such scaf- folding or staging with a guard rail of some suitable material attached to such scaffolding or staging at a height not less than thirty-four inches above the flooring thereof, such rail to be properly secured and braced, and to extend along the entire length of the outside of such scaffolding or staging; provided, such requirement shall not apply to any scaffolding or staging exclusively used for the purpose of riveting, or to any scaffold- ing or staging less than four feet in length. Any contractor or owner, when constructing, in any city, a building, the plans and specifications for which require the floors to be arched between the beams thereof, or where the floors or filling-in between the floors are of fireproof material or brick work, shall complete such 42 LABOR LAWS OF CONNECTICUT. flooring or filling-in, as the building progresses, to within not more than three tiers of beams below that on which the iron work is being erected, or shall cover with planks not less than two inches in thickness such portion of each alternate tier of floor beams as may be reasonably necessary to give protection to those employed in the erection of such building. If the plans and specifications of such building do not require filling-in be- tween the beams of floors with brick or other fireproof mate- rial, all contractors for carpenter work in the course of construc- tion shall lay the under flooring thereof on each story, as the building progresses, to within not more than two stories below that to which, such building has been erected: Except in such buildings as are not to be lathed and plastered a temporary floor- ing at least eight feet wide and protected on the outer edge by a plank at least eight inches high shall be laid, as the building pro- gresses, around the inner side of the outer walls thereof on the floor below that to which such building has been erected. If the floor beams are of iron or steel, the contractors for the iron and steel work of any building in the course of construction, or the. owners of such building, shall cover with planks not less than two inches in thickness that portion of the tier of iron or steel beams on which the structural iron or steel work is being erected. The flooring, planking or filling-in, as required by this section, shall not include such spaces as may reasonably be required for the proper construction of any such building and for the raising and lowering of material to be used in such construction or such spaces as may be designated by the plans or specifications for stairways and elevator shafts. In buildings more than three stories in height, all such places other than those used for ele- vating or hoisting purposes shall be protected, on each story, by a guard rail at a height of three and one-half feet and by a board at least eight inches high close to the floor. All spaces in such buildings used for elevating 1 or hoisting purposes shall be pro- tected at the ends thereof, if such ends are more than three feet in width, by some suitable: barrier not less than five feet high, and the sides of such spaces on any story upon which the deliv- ery of material has ceased shall be provided with a movable wooden bar at least two inches by . four inches in section and of sufficient length to extend across such opening at a height of three and one-half feet above the floor. When such bar has been provided, neither the contractor nor the owner shall be held, re- sponsible for any injury or damage resulting from the failure on the part of workmen, employees or others to use said protec- tion. The chief officer of any city charged with the enforcement of the building laws of such city is charged with the enforcement of the provisions of this section. Any person violating any of the provisions of this section shall be fined not more than fifty LABOR LAWS OF CONNECTICUT. 43 dollars or imprisoned not more than thirty days or both. — Sec- tion 5311. Passenger Elevators. Any elevator for the carriage of pas- sengers, used and operated in this state, which is not so con- structed as to allow egress of persons from such elevator in any position in which it might be stopped by accident, shall be so con- structed or arranged that the roof or top of such elevator, or a sufficient portion thereof to allow egress of persons therefrom, may be conveniently opened from the inside ; and no such elevat- or shall be used or operated which shall not be so con- structed and arranged. Any person or corporation operating a passenger elevator not so constructed, shall be fined not more than twenty-five dollars for each offense. — Section 2609. Examination of Tenement Houses. The commissioner shall, as often as practicable, examine all buildings., apartments, rooms and places in any tenement or dwelling house used for res- idential purposes and used in whole or in part by others than the immediate members of the family therein, for the manufacture of artificial flowers, purses, cigars, cigarettes or any articles of wearing apparel intended for sale. — Section 2355. Notification of Work Carried on. The persons engaged in the manufacture of. such goods in such premises, within thirty days after beginning such manufacture, .shall notify said com- missioner of the location of said workrooms, the nature of the work there carried on and the number of persons therein em- ployed. — Section 2356. Sanitary Condition of Work Rooms. The person operating said workrooms shall keep the same at all times in a clean and sanitary condition, properly lighted, ventilated and fit for the oc- cupancy of the persons engaged in work therein. The commis- sioner or any of his deputies shall notify the owner of such prem- ises, and the person using the same for the purposes set forth in Section 2355 to provide ample means for lighting or ventilating such workrooms and to put the same in a clean, sanitary and fit condition for occupancy for said work ; and if said notification be not complied with in thirty days after the service of such no- tice, said commissioner or any of his deputies shall cause com- plaint to be made to the proper prosecuting authority. — Section 2 357- ' .... Penalty. Every person, firm or corporation owning, using or occupying any work room for the purposes specified in Sec- tion 2355 shall, for the violation of any provisions of Sections 2356 or 2357, be fined not more than five hundred dollars. — Section 2358. Hours of Labor of Telegraph Operators and Train Dis- patchers. It shall be unlawful for any person, persons, cor- 44 LABOR LAWS OF CONNECTICUT. poration or receiver operating a line of railroad wholly or partly within this state, or any officer, agent or representative of such corporation or receiver, to require or permit any telegraph or tel- ephone operator, who spaces trains by the use of the telegraph or telephone, under what is known and termed the "block sys- tem" (defined to be the reporting trains to another office or of- ficers, or to a train dispatcher operating one or more trains un- der signals) and telegraph or telephone levermen who manipu- late interlocking machines in railroad yards or on main tracks out on the lines connecting side-tracks or switches, or train dis- patchers in its service whose duties substantially, as hereinbefore set forth, pertain to the movement of cars, engines or trains on its railroad by the use of the telegraph or telephone in dispatch- ing or reporting trains or receiving or transmitting ( train orders, as interpreted in this section, to be on duty for more than eight hours in a day of twenty-four hours, and eight hours shall consti- tute a day of employment for all laborers or employees engaged in the kind of labor aforesaid ; provided, at stations that are kept open only during the daytime, where only one telegraph or tel- ephone operator is employed, such operator may work twelve hours in a day of twenty-four hours, and the hours of service of telegraph or telephone operators, as interpreted in this section, shall be consecutive, including one meal hour ; and provided,' in case of sickness, death, wrecks, or washouts, telegraph or tele- phone operators may be held on duty not to exceed sixteen hours in a day &i twenty-four hours. Any person or persons, company or corporation, who shall violate any of the provisions of this section shall be fined not more than one thousand dollars. — Sec- tion 3814. Employees of Public Utilities Companies; Resistance to. Any person who shall knowingly and wilfully resist, obstruct or abuse any employee of a public service company, while such em- ployee is engaged in the discharge of duties of his employment, when attempting to enforce any order, rule or regulation duly made by the public utilities commission, shall be fined not more than five dollars. — Section 6373. Seats for the Use of Motormen. Everv company owning or operating a street railway in this state shall cause each of its cars having an air brake to be provided with a seat or stool for the use of the motorman. Any company, owning or operating any such car, which shall neglect or refuse to cause the same to be provided with a seat or stool for the use of the motorman op- erating the same or the person having the motive power of such car under control, shall .forfeit to the state twenty-five dollars for each day of such neglect or refusal. — Section 3872. Master's Duty to Servant. It shall be the duty of the mas- ter to exercise reasonable care to provide for his servant a rea- LABOR LAWS OF CONNECTICUT. 45 sonably safe place in which to work, reasonably safe appliances and instrumentalities for his work, and fit and competent per- sons as his co-laborers ; to exercise reasonable care in the ap- pointment or designation of a vice-principal, and to appoint as such vice-principal a fit and competent person. The default of a vice-principal in the performance of any duty imposed by law on the master shall be the default of the master. — Section 5320. Imitation of Trades Union Label. Whenever any person, or any association or union of workingmen, has adopted or used, or shall adopt or use, any label, trademark, term, design, device, or form of advertisement for the purpose of designating, making known or distinguishing any goods, wares, merchandise, or other product of labor as having been made, manufactured, produced, prepared, packed, worked upon, or put on sale by such person or association or union of workingmen, or by a member or mem- bers of such association or union, and shall have recorded such label, trade-mark, term, design, device, or form of advertisement as provided in Section 4816, it shall be unlawful for any person or corporation to counterfeit or imitate such label, trade-mark, term, design, device, or form of advertisement, or to use, sell, offer for sale, or in any way utter or circulate, any coun- terfeit or imitation of such label, trade-mark, term, design, de- vice, or form of advertisement. Every person wilfully and knowingly violating any provision of this section shall be fined not less than one hundred dollars nor more than two hundred dol- lars, or imprisoned not less than three months nor more than one year, or both. — Section '4815. Label to Be Filed with Secretary. Every such person, as- sociation, or union that has adopted or shall adopt a label, trade- mark, term, design, device, or form of advertisement, may file the same for record in the office of the secretary of the state by leaving two copies, counterparts, or facsimiles there- of, with the secretary of the state. Said secretary shall deliver to such person, association, or union so filing the same a duly at- tested certificate of the record of the same. Such certificate of record, or a duly certified copy thereof, shall, in all suits and prosecutions under Sections 4815, 4819, 4820 and 4821, be suffi- cient proof of the adoption of such label, trade-mark, term, de- sign, device, or form of advertisement, and of the right of said person, association, or union to adopt the same. No label shall . be recorded that would probably be mistaken for a label already of record. — Section 4816. Registration of Insignia of Societies, Associations, Labor Unions and Clubs. The insignia, flag, ribbon, badge, rosette; seal, button or emblem of any society, association, labor union or 46 LABOR LAWS OF CONNECTICUT. incorporated club may be filed and registered in the office of the secretary of the state, in the manner and subject to the provisions of Section 4816 so far as the same are applicable, and the secre- tary of the state may make regulations and -prescribe forms for such registration. — Section 4817. Validation of Certain Labels. All records or certificates of the record of labels, trade-marks, terms, designs, devices, or forms of advertisement which had, prior to June 21, 1907, been made or delivered in compliance with, or in attempted com- pliance with the law of this state, and shall have the same force and effect as if made or delivered under and pursuant to the provisions of this chapter. — Section 4818. Injunction Against Wrongful Use of Label. Every such person, association, or union adopting a label, trade-mark, term, design, device, or fo'rm of advertisement, and having duly recorded the same as hereinbefore provided, may enjoin the manufacture, use, display, or sale of any counterfeit or im- itation thereof, or the sale of goods bearing any counterfeit or imitation thereof, either in its identical form, or in such near re- semblance thereto as is calculated or liable to deceive; and all courts having jurisdiction thereof shall grant injunctions to re- strain such manufacture, use, display, or sale, and shall award the complainant in such suit, such damages, resulting from such wrongful manufacture, use, display, or sale, as may by said court be deemed just and reasonable and shall require the defendants to pay to such person, association or union the profits derived from such wrongful manufacture, use, display, or sale ; and such court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court or to the complainant to be destroyed. — Section 4819. Unauthorized Use of Label. Every person, who shall use or display the genuine label, trademark, term, design, device, or form of advertisement of any such person, association, or union, which shall have been duly recorded as hereinbefore provided, in any manner not authorized by such person, union, or association, knowing that such use or display is not so authorized, shall be fined nof less than one hundred nor more than two hundred dol- lars, or imprisoned not less than three months nor more than one year, or both. In all cases where such association or union is not incorporated, suits under Sections 4815, 4819, 4821, and this sec- tion may be commenced and prosecuted by any officer or member of such association or union, in behalf of and for the use of such association or union. — Section 4820. Unauthorized Use of Name or Seal. Every person who shall in any way use the name or seal of any such person, asso- ciation or union, or officer thereof, in and about the sale of LABOR LAWS OF CONNECTICUT. 47 goods or otherwise, not being authorized to so use. the same, and knowing that such use is unauthorized, shall be fined not less than one hundred nor more than two hundred dollars, or imprisoned not less than three months nor more than. one year, or both. — Section 4812. Mechanic's Lien ion Buildings and Land. Precedence of same. If any person shall have a claim for more than ten dol- lars for materials furnished or services rendered in the construc- tion, raising, removal, or repairs of any building, or any of its appurtenances, and such claim shall be by virtue of an agreement with or by consent of the owner of the land upon which such building is erected or has been moved, or of some person hav- ing authority from or rightfully acting for such owner in pro- curing such labor or materials, such building with the land on which it stands shall be subject to the payment of such claim. Such claim shall be a lien on such land, building, and appurte- nances, and shall take precedence of any other incumbrance orig- inating after the commencement of such services, or the furnish- ing of any such materials, subject to apportionment as provided in Section 5320; but in case of removal no such lien shall take precedence of any incumbrance upon the land to which the build- ing .is removed which accrues before the building has been ac- tually moved upon the land. Said premises may be foreclosed by the owner of such claim in the manner as if held by mortgage. — Section 5217. Certificate of lien to Be Recorded. No such lien shall be valid, unless the person performing such services or furnishing such materials, within sixty days after he has ceased so to do, shall lodge with the town clerk of the town in which said build- ing is situated a certificate in writing, describing the premises, the amount claimed as a lien thereon, and the date of the com- mencement of the performance of services or furnishing of ma- terials, stating that the amount claimed is justly due, as nearly as the same can be ascertained, and subscribed and sworn to by the claimant ; which certificate shall be recorded by the town clerk with deeds of land ; but in case a party who might have filed such a certificate dies before filing the same, his executor or admin- istrator may make and lodge such ■ a certificate within three months from the time of qualification of such executor or ad- ministrator ; provided that such certificate must be lodged within six months from the decease of the original claimant.— Section 5218. Notice of Intent. Liens of Subcontractors and Material Men. No person, other than the original contractor for the construction, raising, removal, or repairing of the building, or a. sub-contractor, whose contract with such original contractor is 48 LABOR LAWS OF CONNECTICUT. in writing, and has been assented to in writing by the other party to such original contract, shall be entitled to claim any such lien, unless he shall, after commencing, and not later than sixty days after ceasing, to furnish materials or render services for such construction, raising, removal, or repairing, give written notice to the owner of such building that he has furnished or com- menced to furnish materials, or rendered or commenced to ren- der services, and intends to claim a lien therefor on said build- ing which shall be served upon said owner, if he resides in the same town in which said building is being erected, raised, re- movedj or repaired, by any indifferent person, by leaving with him or at his usual place of abode a true and attested copy there- of ; and if said owner does not reside in said town, but has a known agent therein, such notice may so be served upon said agent, otherwise it may be served by any indifferent person, by mailing a true and attested copy of said notice to such owner at the place where he resides ; and when there shall be two or more owners, such notice to one of them shall be notice to all ; ' and said notice with the return of the person who served it indorsed thereon shall be returned to the original maker thereof within said period of sixty days. No sub-contractor, without a written contract complying with the provisions of this section, and no per- son who furnishes material or renders services by virtue of a contract with the original contractor or with any sub-contractor, shall be required to obtain an agreement with, or the consent of, the owner of the land, as provided in Section 5217, to enable him to claim a lien under this section. — Section 5219. Liens Limited ; Apportionment ; Payments to Original Con- tractor. No such lien shall attach to any building or its ap- purtenances, or to the land on which the same may stand, in fa- vor of any person, to a greater amount in the whole than the price which the owner agreed to pay for such building and its appurtenances ; and when there shall be several claimants, and the amount of their united claims shall exceed such price, the claimants, other than the original contractor, shall be first paid in full, if the amount of such price is sufficient for that purpose ; but if not, it shall be apportioned among the claimants, having such liens, other than the original contractor, in proportion to the amount of the debts due them respectively ; and the court having jurisdiction thereof, on application of any person inter- ested, may direct the manner in which such claims shall be paid ; but in determining the amount to which any lien or liens shall attach upon any land or building, the owner of such land or building shall be allowed whatever payments he shall have made, in good faith, to the original contractor or contractors, before receiving: notice of such lien or liens. No payments made in ad- vance of the time stipulated in the original contract shall be con- LABOR LAWS OF CONNECTICUT. 49 sidered as made in good faith, unless notice of intention to make such payment shall have been given in writing to each person known to have furnished materials or rendered services at least five days before such payment is made. — Section 5220. Dissolution of Mechanic's Lien by Substitution of Bond. Whenever any mechanic's lien shall have been placed upon any real estate pursuant to Sections 5217, 5218 and 5219, the owner of such real estate, or any person interested therein, may make an application to any judge of the superior court, court of common pleas, or district court, that said lien be dissolved upon the sub- stitution of a bond with surety, and such judge shall order rea- sonable notice to be given to the lienor of such application. If such lienor shall not be a resident of the state, such judge may order notice to be given by publication, registered letter or per- sonal service. If such judge shall be satisfied that the applicant in good faith intends to contest such lien, he shall, if the appli- cant officer a bond, with sufficient surety, conditioned to pay to the lienor or his assigns such amount as a court of competent juris- diction may adjudge to have been secured by said lien, with in- terest and costs, order said lien to be dissolved, and such bond substituted therefor, and shall return such application, notice, order, and bond to the clerk of the superior court for the county wherein such lien is recorded ; and if the applicant, within ten days from such return, shall cause a copy of such order, certi- fied by said clerk, to be recorded in the town clerk's office where such lien is recorded, such lien shall be dissolved. Whenever a bond shall be substituted for any lien after an action for the foreclosure of a lien has been commenced, the plaintiff in such foreclosure may amend his complaint without costs, so as to make the action One upon such bond. Whenever a bond shall have been substituted for any lien-, pursuant to this section, un- less an action shall be brought to recover upon such bond within two years from the date of recording the certificate of lien, such bond shall be void. — Section 5222. Lien on Railroad for Services or Materials in Construction. If any person shall have a claim for materials furnished or ser- vices rendered for the construction of any railroad, or any of its appurtenances, under any contract with or approved by the cor- poration owning or managing it, such railroad shall, with its real estate, right of way, material, equipment, rolling stock, and fran- chises, be subject to the payment of such claim; and said claim shall be a lien on said railroad, railroad property, and franchises, and such lien shall be asserted, perfected, and foreclosed in all re- spects in accordance with the provisions of Sections 5218, 5219, 5220 and 5222, except that the certificates of the lien and of its discharge shall be filed in the office of the secretary of state, who shall record them in a;bqok ke.pt for that purpose.— Section 5223. 19431 SO LABOR LAWS OF CONNECTICUT. Limitation of Mechanic's Lien. No mechanic's lien shall continue in force for a longer period than two years after such lien has been perfected, unless the party claiming such lien shall, within said period, commence an action to foreclose the same, and proceed therewith to final judgment; and every such lien after the expiration of two years without action commenced shall be discharged of record by the person claiming the same, upon the request of the owner of the property upon which the lien had been claimed. — Section 5231. Lien on Vessel for Materials or Services. Every vessel in the construction or repairs of which, or of any of whose appur- tenances, any person shall have a claim for more than twenty dollars, for materials furnished or services rendered shall be sub- ject to lien for the amount of such claim ; and such lien shall be on such vessel and its appurtenances, and shall take precedence of any other incumbrance (except a lien for mariners' wages) originating subsequent to the commencement of such services, or the furnishing of such materials, subject to apportionment as provided by Section 5246, and may be foreclosed like a mort- gage of personal property. — Section 5243. Certificate to Be Left with Town Clerk, and Copy with Owner. No such claim shall remain a lien on such vessel or its appurtenances more than ten days after the person perform- ing such services, or furnishing such materials, has ceased so to do, unless he shall sign and lodge with the town clerk of the town where such vessel was so constructed or repaired, a cer- tificate in writing describing the kind of vessel, the amount claimed as a lien thereon, the place in the town where the ser- vices or materials were furnished, the date, of the commencement of the performance of services or furnishing of materials, the name of the vessel if known to him, and the - name of the owner or owner's agent, if known- to him ; which certificate the town clerk shall record in a book kept by him for that purpose; nor unless such person shall also leave a copy of such certificate with the owner of said vessel or his agent, if either of them are known to him to have a residence in this state. — Section 5244. Liens Not to Exceed Contract Price. Apportionment. No vessel or its appurtenances shall be subject to such liens for a greater amount in the whole than the price agreed to be paid for such vessel or its repairs ; and when several liens shall be claimed by different persons to an amount in all exceeding such aeree< 4 price, the claimants other than the original contractor shall be first paid in full, if such amount be sufficient for that purpose, but if it be not sufficient, it shall be apportioned among the claim- ants other than the original' contractor, in proportion to the amount of their respective claims, and the court having jurisdic- LABOR LAWS OF CONNECTICUT. 5 1 tion thereof, on application of any person interested, may direct the manner in which such claims shall be paid. — Section 5246. Mechanics' Lien. Whenever any certificate of mechanics' lien lodged with a town clerk does not disclose the name of the owner of the premises against which such lien is claimed, such town clerk shall ascertain and index the same from such informa- tion as he may be able to obtain from the town records or other- wise ; but he shall not be liable for mistake in ascertaining such name. — Section 315. Release of Artificers' Liens upon Substitution of a Bond. When any personal property shall be held by one who claims to be a bailee for hire of such personal property, and to have a lien in consequence thereof, the owner of such personal property or any one having a legal or equitable interest therein, if the amount for which the lien is claimed shall not exceed one hun- dred dollars, may apply in writing to any justice of the peace in the county where such personal property is held or the lienor re- sides, or, if such amount shall exceed one hundred dollars, to any judge of the superior court, court of common pleas or dis- trict or city court, within whose jurisdiction such personal prop- erty is held or the lienor resides, to dissolve the lien upon the substitution of a bond, with surety. — Section 5210. Form of Application.' The application may be in the fol- lowing form: "To , Esq., a Justice of the Peace for the County of , (or Judge, as the case may be) : The application of C. D. of the Town (or City) of in the County of , shows that he is the owner (or sets forth other legal or equitable interests) of the following personal prop- erty, viz: Such personal property is now held by A. B. of the Town (or City) of in the County of , under a claim of lien for storage of such personal property, (or for care, cartage, freight, work and material, etc., as the case may be), and that he is de- sirous that such lien be dissolved upon the substitution of a bond, with surety, according to the statute. Dated at the day of , 19 • c - D - (or C. D. by X, his attorney)"— Section 5211. Nbtice of Application Hearing. No such lien shall be dis- solved until reasonable notice of the application, in writing signed by the applicant or his attorney, shall have been served upon the lienor or left at his usual place of abode or such other reasonable notice as the justice or judge may order shall have been given. Any person interested may be heard in relation to the amount and sufficiency of the bond offered by the applicant Such bond shall be in amount not less than the amount claimed by the lienor, unless it shall appear to the authority to whom the 52 LABOR LAWS OF CONNECTICUT. application is made that the amount so claimed is excessive, in which event he may order the bond to be in such amount as he may deem reasonable. — Section 5212. Form of Bond. Such bond shall be taken to the lienor, and shall be substantially in the following, form : "Know all men by these presents : That we, C. D. of , as principal, and of as surety, are holden and firmly bound, jointly and severally, unto A. B. of - , in the penal sum of dollars, to which payment well and truly to be made, we hereby bind ourselves, our heirs, executors and administrators, firmly by these presents. The Condition of this obligation is such that whereas cer- tain personal property, viz. : in which said C. D. has an interest as owner (or otherwise, as the case may be) is now held by said A. B. under claim of lien for storage (or otherwise, as the case may be) to the amount of dollars : Now, therefore, if said C. D. shall pay or cause to be paid .any judgment that may be rendered against him by any court of competent jurisdiction not exceeding the amount of dollars (the amount claimed under the lien), with interest and costs, or in default of such payment shall pay or cause to be paid to the officer having the execution issued on such judgment, on demand, the actual value at the date hereof of such personal property, not exempt from such lien, not exceeding said amount of dollars, then this bond shall be void, but otherwise in full force and effect. Dated at this day of , 19 . SEAL. ...SEAL." — Section 5213. Dissolution of Lien to Be Recorded. The authority dissolv- ing the lien shall certify such dissolution upon the application, and forthwith return the application, notice, order and bond to the clerk of the superior court in the county wherein such per- sonal property is held under such lien, or wherein such lienor resides. — Section 5214. Pleadings May Be Amended. In any case in which a bond shall be substituted for a lien after an action for the collection of the lienor's charges shall have been commenced, the plaintiff in such action may amend his pleadings, without costs, so as to make the action one upon such bond. — Section 5215. Limitation of Action on Bond. Any bond which shall be substituted for a lien under the provisions of Sections 5210 to 5215, inclusive, shall be void, unless an action is brought to re- cover thereon withi none year from the date of such bond.— Sec- tion 5216. LABOR LAWS OF CONNECTICUT. 53 Railroads — Security from contractors for labor; liability of company. Every company, in making contracts for the build- ing of its road, shall require sufficient security from the contract- ors for the payment of all labor thereafter to be performed in constructing the road by persons in their employ ; and the com- pany shall be liable to the laborers employed for labor actually performed on the road, if, within twenty days after the comple- tion of such labor, they shall, in writing, notify its treasurer that they have not been paid by the contractors. — Section 3693. Safety Couplers on Freight Cars. Every company, operat- ing a railroad located wholly or partly in this state, shall cause every freight car built or purchased for use on such railroad to be provided with couplers so arranged as to render unnecessary the presence of any person between the ends of the cars for the purpose of coupling the same. — Section 3768. Couplers to Be Approved by Commission. No couplers shall be placed on any such freight car, nor shall any couplers be substituted for any in use, until the same shall have been ap- proved by the commission, and such couplers shall be hung at such height above the railroad tracks as shall be designated by the Commission. — Section 3769. Penalty. Every railroad company which shall permit a vio- lation of any provision of Sections 3768 or 3769 shall forfeit fifty dollars to the. state for every such violation. — Section 3770. Certain Employes to Wear Badges. All the conductors, brakemen, and baggagemen, employed upon the passenger trains • of any company, when on duty shall wear, in a conspicuous place, a badge showing their respective duties and the name of such company. — Section 3791. Number of Brakemen. Upon every train run, or intended to be run, upon any railroad in this state, at a greater average speed than thirty miles an hour between stations, and including more than two passenger cars, one brakeman shall be kept at the brake of each car, but when the double action brake is used on any such train, but one brakeman need be kept upon and for every two cars connected with such train. The commission may grant permission to any company to reduce the number of brakemen required upon passenger trains, when such company has adopted a system of brakes to be operated by the engineer, which, in the opinion of the commission will render such number of brakemen unnecessary. The commission may revoke such permission when it considers that public safety requires; and on such revocation the company shall place upon its trains the number of brakemen required by law. The commission shall have power to order, after a public hearing, such changes in the number of employes upon freight or 54 LABOR LAWS OF CONNECTICUT. passenger trains as in its opinion will conserve the public safety or the safety of such employes. If any company shall fail to place upon any of its trains the number of brakemen required by law, it shall forfeit twenty-five dollars to the state for each day of such neglect, to be recovered by the state's attorney in the county where such offense is com- mitted. — Section 3810. Commission May Order Platforms to Be Inclosed. When the commission deems it necessary, in the interests of the public, or of the employes concerned, that the platforms of any or all of the cars operated by any street railway company should be protected by gates or vestibules, or that fenders should be placed upon such cars, said commission may order the com- pany operating such cars to inclose the platforms thereon with gates or vestibules, or both, or to place fenders upon such cars, of such kind and in such manner as it may deem necessary and proper, first giving such company reasonable notice to appear and be heard, and may, after similar notice modify or revoke any such order. The commisison shall have sole and exclusive jurisdic- tion over the inclosing of such platforms and the placing of fen- ders on such cars ; but nothing in this section shall prevent any such company from inclosing its platforms or placing fenders on its cars without such order. — Section 3864. ' Penalty. Any company operating such car or cars which shall neglect or refuse to comply with any order relating to plat- forms made pursuant to Section 3864 shall forfeit to the state twenty-five dollars for each day of such neglect or refusal. — Section 3865. Duties Relative to Safety of Public and Employes. The commission shall, so far as is practicable, keep fully informed as to the condition of the plant, equipment, and manner of opera- tion of all public service companies, in so far as the safety of the public and of the employes of such companies may be involved, and may order such reasonable repairs or alterations in such plant or equipment, or such changes in the manner of operation,- as may be reasonably necessary for public safety or for the health or safety of said employes. — Section 3621. Complaints as to Dangerous Conditions. Any person or- any town, city, or borough may make complaint, in writing, to the commission, of any defects in any portion of the plant or equip- ment of any public service company, or of the manner of oper- ating such plant, by reason of which the public safety or the health or safety of employes is endangered; and, if he or it so requests, the name of the complainant shall not be divulged un- less in the opinion of the commission the complaint is such that publicity is demanded. — Section 3622. LABOR LAWS OF CONNECTICUT. 55 Procedure upon Complaint. Upon receipt of such com- plaint the commission shall fix a time and place of hearing there- on and shall give due notice thereof to all parties in interest, and shall make such further investigation into the alleged conditions as it shall deem necessary. If, upon such hearing, the commis- sion shall find the conditions to be dangerous to public safety or to the safety of employes, it shall make such order as may be nec- essary to remedy the same, and shall furnish a copy of such or- der to the complainant, upon request. If the commission finds that the complaint is not justified, it shall so notify the com- plainant in writing, by registered letter, specifying the reasons for such finding, and shall file a copy of such notification in the office of the commission. — Section 3623. Compliance with Orders. Penalty. Every public service company shall comply, immediately, with any order of the com- mission made in accordance with the provisions of Sections 3623 and 3624, and any company failing to comply with any such or- der shall be fined not more than one thousand dollars for each offense, and shall be liable in double damages for any injury or damage resulting to any person from such failure. — Section 3625. Act Not to Affect Labor Contracts. Nothing in this chap- ter shall be construed to authorize the commission to interfere in any manner with contracts between public service companies and their employes. — Section 3649. Operation of Railroad Trains. The public utilities commis- sion shall investigate the operating and manning of passenger and freight trains, and to make such orders, regualtions, or recom- mendations as, upon investigation, . the commission may deem necessary for the safety and protection of the public or of the employees of any railroad company operating such trains. — Sec- tion 3650. Posting Placards. .It shall be the duty of the commissioner of labor and factory inspection to cause to be posted, in promi- nent places in factories and shops, such posters as may be sup- plied to him for that purpose by the Tuberculosis Commission. — Section 2650. Reporting Serious Accidents in Manufacturing or Mercan- tile Establishments. Except as otherwise provided by law, it shall be the duty of the person in active charge of any manufac- turing or mercantile establishment to forward by mail to the com- missioner at his office in Hartford,' within fifteen days after each accident resulting in serious physical injury to an employee while at work in such establishment, a written notice of every such ac- cident of which he shall have knowledge, which notice shall state the name of the injured employee, the time of the accident and 56 LABOR LAWS OF CONNECTICUT. the nature of the injury and shall also contain a general descrip- tion of the location in the establishment and of the character of the machine, if any, upon which the employee was at work at the time. The commissioner shall forthwith transmit to the person in charge of such establishment a written acknowledgement of the receipt of such notice, and shall keep a record of such acci- dents thus reported to him. Such records, notices and reports to the commissioner and any investigation made by him or his dep- uties or agents shall be privileged and confidential and shall not be, open for examination or inspection, and neither such commis- sioner nor any of his deputies or agents shall be a competent wit- ness as to the facts involved in such accident in any proceeding pending in any court, unless such commissioner, deputy or agent was present at the time of the occurrence of the accident. The term "accident resulting in serious physical injury," as used in this section, shall be construed to mean every accident which re- sults in the death of the employee or causes his absence from work for at least one week thereafter. Any person, after having received from the commissioner forms for such notices, who shall fail to send notice of any accident as required by this section shall be, fined not more than twenty dollars.— Secfjon 2348. Injunctions May Be Granted Forthwith or After Notice. Injunctions may be granted forthwith, if the circumstances of the case demand it, or the court or judge may cause immediate no- tice of the application to be given to the adverse party, that he may show cause why such injunction should not be granted ; but no temporary injunction shall be granted without notice to the adverse party unless it shall clearly appear from the specific facts shown by affidavit or by verified complaint that irreparable loss or damage will result to the plaintiff before the matter can be heard on notice. It shall be sufficient, on such application for a temporary injunction, to present to the court or judge the orig- inal complaint containing the demand for an injunction, duly ver- ified, without further complaint, application or motion in writ- ing. — Section 6041. Moving Picture Operators. No person shall operate a mov- ing picture machine involving the use of a combustible film more than ten inches in' length until he has received a license therefor from the state police. The fee for such license shall be three dol- lars. Such license .shall be for the term of one year from the date thereof, and may be renewed yearly without examination upon the payment of a fee of one dollar. No license shall be granted to any person under twenty-one years of age, nor until the applicant shall have passed an examination and shall have been found to be thoroughly skilled in the working of the me- chanical and electrical apparatus of the moving picture machine to be used by such applicant. No license shall be granted to op- LABOR LAWS OF CONNECTICUT. 57 erate a moving picture machine by oxyhydrogen gas, or by lime light. — Section 2288. Penalties. Any person using or operating a moving picture machine involving the use of a combustible film more than ten inches in length, contrary to the provisions of Sections 2285 and 2288, or in violation of any rule or regulation made by the state police, or of any regulation or requirement made by the super- intendent of the state police in accordance with the provisions of law, shall be punished by a fine of not more than five hundred dollars. — Section 2289. Profits of Corporations May be Shared with Employees. Any corporation organized after May 31, 1886, may by its board of directors distribute to the persons employed in its service, or any of them, such portion of the profits of its business as said board may deem just and proper. Any corporation organized on or prior to May 31, 1886, may give to its board of directors the power to make such distribution by a majority vote of all the stockholders at a meeting warned and held for the purpose. — Section 3427. Inspection of Lodging Houses. Every agent of a firm or corporation and every other person who shall maintain or have charge of any structure used as a boarding house or place of abode for laborers employed by such person, firm or corporation shall within seventy-two hours after such structure has been oc- cupied for such purpose or purposes notify the health officer of the town, city or borough, in which such structure is located. Such health officer within five days thereafter shall inspect such premises and may forbid the use of the same altogether, or make such other orders as he may deem necessary to protect the health of the inmates. Every person violating any provision of this section or failing to comply with any order of a health officer made pursuant to this section shall be fined not more than one hundred dollars — Section 5317. Hours of Labor of Mechanics in State Institutions. No per- son shall, except in case of unavoidable emergency, be employed as a painter, carpenter, mason, electrician, machinist, engineer, fireman or plumbed in the mechanical department of any state institution, for more than eight hours in any day. — Section 5308. Legal Holidays, Days Designated. In each year the first day of January (known as New Year's Day), the twelfth day of February (known as Lincoln Day), the twenty-second day of February (known as Washington's Birthday), the thirtieth day of May (known as Memorial Day or Decoration Day), the fourth day of July (known as Independence Day), the first Monday in September (known as Labor Day), the twelfth day of October (known as Columbus Day), and the twenty-fifth day of Decem- ber (known as Christmas), or whenever any of said days shall 58 LABOR LAWS OF CONNECTICUT. fall upon Sunday, the Monday next following such day, and any day appointed or recommended by the governor of the state or the president of the United States as a day of thanksgiving, fast- ing or religious observance, shall be a legal holiday. — Section 6719. Governor May Suspend Labor Laws During War with Ger- many. The governor is authorized to modify or suspend, by proclamation, the laws of this state relating to labor, for definite periods, during the war between the United States and Germany. He shall specify in such proclamation the law or laws to be mod- ified or suspended and the period during which such modifica- tion or suspension shall be in force, and may continue the same for a further definite period or periods ; provided, he shall exer- cise such power only upon request of the Council of National De- fense, when essential to national defense. No such modification or suspension shall continue beyond the close of the war. — Sec- tion 69. Employees of Licensed Saloon. No person, who ; is by stat- ute declared to be an unsuitable person to. hold a license to sell spirituous and intoxicating liquors in his own name, shall be em- ployed as a bartender or as manager in any licensed saloon in this state, nor shall he be allowed to have a financial interest in any such saloon ; and no female, unless she be the wife or daughter of the proprietor, shall be employed in any capacity in any licensed saloon, except in a hotel of established good reputation in which the county commissioners of the county shall have, in writing, au- thorized the employment of females ; and no minor shall be em- ployed in any saloon in any capacity, or in the handling or deliv- ery of any spirituous and intoxicating liquors, except in a drug store, bona fide hotel, or bona fide grocery store in which the • handling of liquors is incident to the grocery business. Every person who shall violate any of the provisions of this section, shall be subject to the penalties of Section 2814. — Section 2736. Reports of Occupational Diseases. Every physician having; knowledge of any person whom he believes to be suffering from poisoning from lead, phosphorus, arsenic, brass, wood-alcohol, mercury, or their compounds, or from anthrax, or from com- pressed-air illness or any other disease, contracted as a result of the nature of .the employment of such person, shall, within forty- eight hours, mail to the commissioner of labor .and factory in- spection a report stating the name, address and occupation of such patient, the name, address and business of his employer, the nature of the disease and such other information as may rea- sonably be required by said commissioner. The commissioner shall prepare and furnish to the • physicians of this state suitable blanks for the reports herein required. No report made pursu- ant to the provisions of this section shall be evidence of the facts LABOR LAWS OF CONNECTICUT. 59 * . therein stated in any action at law against any employer of such diseased person. Any physician who shall neglect or refuse to send any report herein required, or who shall fail to send the same within the time specified herein, shall be liable to the state for a penalty of not more than ten dollars, recoverable by civil ac- tion in the name of the state by the said commissioner. — Section 2416. When Barbers Licensed in Other States May Practice Oc- cupation in This State. Any person licensed to practice the occupation of barber in any state maintaining a board of exam- iners of barbers may, upon presenting to the board of examiners of barbers of this state satisfactory proof that he is so licensed in such other state and upon payment of a registration fee of one dollar, be licensed to practice the occupation of barber in this state without conforming to the requirements of the laws of this state concerning the examination of barbers. — Section 2979. Actions for Injuries Resulting in Death; Damages. In all actions surviving to or brought by an executor or administrator for injuries resulting in death, whether instantaneous or other- wise, or whether caused by the negligence of the defendant or by his wilfull, malicious or felonious act, such executor or admin- istrator may recover from the party legally at fault for such in- juries just damages not exceeding ten thousand dollars, provided, no action shall be brought under this section but within one year from the neglect complained of or from the commission of such willful, malicious or felonious act, and provided further, the fore- going shall not affect causes of action arising before August 1, 1913. All damages recovered under this section shall be distrib- uted as directed in Section 5064. — Section 613/. Compensation to Workmen Injured in the Course of Their Employment. Part A. Employers' Liability. Defenses Abolished. In an action to recover damages for personal injury sustained by an employee arising out of and in the course of his employment, or for death resulting from injury so sustained, it shall not be a defense; (a) That the injured em- ployee was negligent ; (b) that the injury was caused by the neg- ligence of a fellow employee; (c) that the injured employee had assumed the risk of the injury. — Section 5339. Scope of Part A. The provisions of Section 5339 shall not apply to actions to recover damages for personal injuries sus- tained by employees of any employer having regularly less than five employees, by casual employees, or by outworkers ; nor shall the same provisions apply to actions against any employer who 60 LABOR LAWS OF CONNECTICUT. shall have accepted part B of this chapter in the manner herein- after prescribed. — Section 5340. Part B. Workmen's Compensation. Acceptance of Part B. When any persons in the mutual relation of employer and employee shall have accepted part B of this chapter, the employer shall not be liable to any action for damages on account of personal injury sustained by an employee arising out of and in the course of his employment or on account of death resulting from injury so sustained; but the employer shall pay compensation on account of such injury in accordance with the scale hereinafter provided, except that no compensation shall be paid when the injury shall have been caused by the will- ful and serious misconduct of the injured employee or by his in- toxication. The acceptance of part B of this chapter by em- ployers and employees shall be understood to include the mutual renunciation and waiver of all rights and claims arising out of injuries sustained in the course of employment as aforesaid, other than rights and claims given by part B of this chapter, in- cluding the right of jury trial on all questions affecting compen- sation and all right of appeal from the compensation commis- sioners except as hereinafter established. — Section 5341. Acceptance Presumed, Except Employers of Less Than Five Who May Accept. All contracts of employment between an employer and an employee, as such terms are denned in Section 5388, except those made between an employer having regularly less than five employees and any such employee, shall be conclu- sively presumed to include a mutual agreement between employ- er and employee to accept Part B and become bound thereby, un- less either employer or employee shall, by written stipulation in the contract, or by such notice as is prescribed in Section 5343, indicate his refusal to accept the provisions of said Part B. No provision of said Part B shall apply to any employer having reg- ularly less than five employees unless such employer shall, in the manner hereinafter provided, accept the provisions of Part B and become bound thereby. All contracts of employment, be- tween an employer having regularly less than five employees and any such employee, shall be conclusively presumed to include the following mutual agreements between employer and em- ployee : ( 1 ) That the employer may accept the provisions of Part B and become bound thereby by giving written or printed notice of his acceptance to the employee and to the compensation com- missioner of the district in which the employee is employed.; pro- vided, such acceptance shall not be effective, unless it is accom- panied by a certificate of a stock or mutual insurance company or association authorized to take such risks in this state, that the ./ LABOR LAWS OF CONNECTICUT. 6l employer has insured his full liability under Fart B and that the policy of insurance is in accordance with the requirements of Part B ; (2) that if the employer accepts the provisions of Part B the employee shall thereupon be deemed to accept such pro- visions and shall become' bound thereby; (3) that the employee may at any time withdraw his acceptance of such provisions and become , released therefrom by giving written or printed notice of such withdrawal to the commissioner having jurisdiction, and also to the employer, and such withdrawal shall take effect forth- with from the time of its service on the commissioner and the employer; and (4) that the employer may withdraw his accept- ance and the acceptance of the employee by filing a written or printed notice of his withdrawal with such commissioner and with such employee, which withdrawal shall become effective forthwith from the time of its service on the commissioner and the employee. The notices of acceptance and withdrawal to be given by an employer having regularly less than five employees and the notice of withdrawal to be given by the employee, as herein provided, shall be served upon such commissioner, em- ployer, or employee, either by personal presentation or by reg- istered mail ; and notices in behalf of a minor shall be given by his parent or guardian, or, if there be no parent or guardian, by such minor. The manner of acceptance of or withdrawal from the provisions of Part B shall not apply to employers having regularly less than five employees or to such employees. In determining the number of employees regularly employed by an individual, the employees of a partnership of which he is a member shall not be included. — Section 5342. Manner of Acceptance and Withdrawal. Acceptance of Part B may be withdrawn by written or printed notice from either employer or employee to the other party and to the com- pensation commissioner of the district in which the employee is employed. Notice of withdrawal may be served by personal presentation or by registered letter addressed to the person on whom it is to be served at his last known residence or place of business ; and such notice shall become effective thirty days af- ter service. Either employer or employee who has withdrawn acceptance may renew the same by the same notice and procedure as is prescribed for withdrawals. Notices in behalf of a minor shall be given by his parent or guardian, or, if there be no pa- rent or guardian, then by such minor. — Section 5343. Effect of Non-Acceptance. Every employer not accepting Part B shall be liable to action for damages on account of per- sonal injury to his employees in accordance with the provisions of Part A, and every employee not accepting Part B shall lose all rights and benefits of Part A with reference to any employer who continues to accept Part B. — Section 5344. 62 LABOR LAWS OF CONNECTICUT. Principal Employer, Contractor and Sub-Contractor. When any principal employer procures any work to be done, wholly or in part for him, by a contractor, or through him by a sub-con- tractor, and the work so procured to be done is a part or process in the trade or business of such principal employer, and is per- formed in, on, or about premises under his control, then such principal employer shall be liable to pay all compensation under this chapter to the same extent as if the work were done without the intervention of such contractor or sub-contractor. — Section 5345- Liability of Third Persons. When any injury for which compensation is payable under the provisions of this chapter shall have been sustained under circumstances creating in some other person than the employer a legal liability to pay damages in respect thereto, the injured employee may claim compensa- tion under the provisions of this chapter, but the payment or award of compensation shall not affect the claim or right of ac- tion of such injured employee against such other person, but such- injured employee may proceed at law against such person to re- cover damages for such injury ; and any employer having paid, or by award having become obligated to pay, compensation un- der the provisions of this chapter may bring an action against such other person to recover any amount that he has paid or by. award has become obligated tp pay as compensation to such in- jured employee; provided, if either such employee or such em- ployer shall bring such action against such third person, he shall forthwith notify the other, in writing, by personal presentation or by registered mail, of such fact and of the name of the court to which the writ is returnable, and such other may join as a party plaintiff in such action, within thirty days after such noti- fication, and if such other fails to join as a party plaintiff, his right of action against such third person shall abate. In the event that such employer and employee shall join as parties plaintiff in such action and any damages are recovered, such damages shall be so apportioned that the claim of the employer shall take precedence over that of the injured employee, and if the damages shall not be sufficient, or shall be only sufficient to reimburse him for the compensation which he has paid, or by award has become obligated to pay, with a reasonable allowance for an attorney's fee, to be fixed by the court, and his costs, such damages shall be assessed in his favor ; but if the damages shall be more than sufficient to reimburse him, damages shall be as- sessed in his favor sufficient to reimburse him for the money he has paid, with a reasonable allowance for an attorney's fee, to be fixed by the court, and his costs, and the excess shall be assessed in favor of the injured employee. No compromise with such third person by either employer or employee shall be binding up- LABOR LAWS OF CONNECTICUT. 63 on or affect the rights of the other, unless assented to by him.— Section 5346. Notice of Injury. Medical and Surgical Care. Any em- ployee who has sustained an injury in the course of his employ- ment shall forthwith notify his employer, or some person repre- senting him, of such injury ; and on his failure to give such no- tice, the commissioner may reduce the award of compensation proportionately to any prejudice which he shall find the employer has sustained by reason of such failure ; but the burden of proof with respect to such prejudice shall rest upon the employer. The employer, as soon as he has knowledge of any such injury, shall provide a competent physician or surgeon to attend the injured employee, and in addition shall furnish such medical and surgi- cal aid or hospital service as such physician or surgeon shall deem reasonable or necessary. In the event of the failure of the em- ployer promptly to provide such physician or surgeon or medi- cal, surgical or hospital service, the injured employee may pro- vide such physician or surgeon or medical, surgical or hospital service at the expense of the employer ; or, at his option, the in- jured employee may refuse the medical, surgical and hospital service provided by his employer and provide the same at his own expense. If it shall appear to the commissioner that an injured employee has refused to accept or failed to provide such reason- able, medical, surgical or hospital service, all rights of compensa- tion under the provisions of this chapter shall be suspended dur- ing such refusal or failure. The pecuniary liability of the em- ployer for the medical, surgical or hospital service herein re- quired shall be limited to such charges as prevail in the same community or similar communities for similar treatment of in- jured persons of a like standard of living when such treatment is paid for by the injured persons. In the case of a seaman em- ployed upon any enrolled vessel of the United States and en- titled, by the provisions of any law of the United States, to med- ical or surgical aid or hospital service without charge, such med- ical or surgical aid or hospital service may be substituted for that provided for in this section so far as it may answer the require- ments of the provisions of this section, but nothing herein shall excuse the employer in such cases from giving emergency treat- ment when required; and any employer desiring to .take advan- tage of this provision shall ascertain that such services as are provided for by the laws of the United States are rendered. — Section 5347. Waiting Period.. When Compensation Commences. No com- pensation shall be payable for total or partial incapacity under the provisions of this chapter on account of any injury which does not incapacitate the injured employee for a period of more than seven days from earning full wages at his customary em- 64 LABOR LAWS OF CONNECTICUT. ployment; but if incapacity extends beyond a period of seven days compensation shall begin at the expiration of the first seven days of total or partial incapacity. In all contracts between parties subject to Part B, the injured employee shall be entitled to full wages for the entire day of the injury and said day shall not be counted as a day of incapacity. — Section 5348. Compensation for Fatal Injuries. Compensation shall be paid on account of death resulting from injuries within two years from date of injury as follows: (a) For burial expenses, one hundred dollars; (b) to those wholly dependent upon the de- ceased employee at the time of his injury, a weekly, compensation equal to half of the average weekly earnings of the deceased at the time of his injury ; (c) in case there is no one wholly depen- dent upon the deceased employee, to those partially dependent upon the deceased employee at the time of his injury, a weekly compensation not exceeding that payable to those wholly depen- dent and in such proportionate sum as may be determined accord- ing to the measure of dependence; but the compensation paya- ble on account of death resulting from injuries shall in no case be more than fourteen dollars or less than five dollars weekly, and such compensation shall not continue longer than three hun- dred and twelve weeks after death. The compensation on ac- count of death payable under the provisions' of this chapter to a widow or widower of a deceased employee shall not cease with the death of such widow or widower, but, upon her or his death within the period during which such compensation is payable, it shall continue to be paid for the remainder of such period to her or his dependents as denned in Section 5388. — Section 5349. Dependence Defined. The following persons shall be con- clusively presumed to be wholly dependent for support upon a de- ceased employee: (a) A wife upon a husband with whom she lives at the'time of his injury or from whom she receives sup- port regularly; (b) a husband upon a wife with whom he lives at the time of her injury or from whom he receives support reg- ularly ; (c) any child under the age of eighteen years, or over said age, but physically or mentally incapacitated from earning, upon the parent with whom he is living or from whom he is re- ceiving support regularly at the time of the injury of such pa-- rent, there being no surviving dependent parent. In' case there is more than one child thus dependent the death benefit shall be divided equally among, them. In' all other cases, questions of de- pendency shall be determined in accordance with the fact, as the fact may be at the time of the injury. In such other cases, if there is more than one person wholly dependent, the compensa- tion in case of death shall be divided equally among them, and persons partially dependent, if any, shall receive no part there- of. If there is no person wholly dependent and more than one LABOR LAWS OF CONNECTICUT. 65 person partially dependent, the compensation in case of death shall be divided among them according to the relative degree of their dependence. For the purpose of this chapter the depend- ence of a widow or widower of a deceased employe shall be con- strued to terminate with remarriage, but upon remarriage within the period during which such compensation is payable, it shall continue to be paid for the remainder of such period to other de- pendents of the deceased employee, as defined in Section 5388, provided there are any such dependents. The presumptive de- pendence of a child as hereinbefore defined, except a child phys- ically or mentally incapacitated from earning, shall be construed to terminate at the age of eighteen years. Compensation under the. provisions of this chapter shall be paid to alien dependents in half the amounts indicated in this chapter, unless such alien de- pendents are residents of the United States, or its dependencies, or Canada, such alienage to be determined as of the date of the injury. The other half of the normal compensation may be paid in accordance with the rules of apportionment herein provided to such persons resident in the United States, or its dependencies, or Canada, if any there be, as would be entitled to compensation were there no such non-resident alien dependents —.SVcta'ow 5350. Compensation for Total Incapacity. In case the injury re- sults in total incapacity to work, there shall be paid to the in- jured employee a weekly compensation equal to half of his av- erage weekly earnings at the time of the injury; but the com- pensation shall in no case be more than fourteen dollars or less than five dollars weekly ; and such compensation shall not con- tinue longer than the period of total incapacity, or in any event longer than five hundred and twenty weeks. The following in- juries of any person shall be considered as causing total inca- pacity and compensation shall be paid accordingly; (a) Total and permanent loss of sight in both eyes, or the reduction to one- tenth or less of normal vision with glasses ; (b) the loss of both feet at or above the ankle ; (c) the loss of both hands at or above the wrist ; (d) the loss of one foot at or above the ankle and one hand at or above the wrist ; (e) any injury resulting in perma- nent and complete paralysis of the legs or arms or of one leg and one arm ; (f ) any injury resulting in incurable imbecility or in- sanity. — Section 535 1 - Compensation for Partial Incapacity. In case the injury re- sults in partial incapacity, there shall be paid to the injured em- ployee a weekly compensation equal to half the difference between his average weekly earnings before the injury and the amount he is able to earn thereafter. Such compensation shall in no case be more than fourteen dollars weekly and shall continue during the period of partial incapacity, but not longer than three hundred 66 LABOR LAWS OF CONNECTICUT. and twelve weeks. If the employer procures for an injured em- ployee employment suitable to his capacity the wages offered in such employment shall be taken as the earning capacity of the in- jured employee. In case of the following injuries the compen- sation, in lieu of all other payments, shall be half of the average weekly earnings of the injured, employee prior to such injury for the terms respectively indicated, but in no case more than fourteen dollars or less than five dollars weekly: (a) For the loss of one arm at or above the elbow, or the complete and permanent loss of the use of one arm, two hundred and eight weeks ; (b) for the loss of one hand at or above the wrist, or the complete and permanent loss of the use of one hand, one hundred and fifty- six weeks ; (c) for the loss of one leg at or above the knee, or the complete and permanent loss of the use of one leg, one hun- dred and eighty-two weeks ; (d) for the loss of one foot at or above the ankle, or the complete and permanent loss of the use of one foot, one hundred and thirty weeks; (e) for the complete and permanent loss of hearing in both ears, one hundred and fif- ty-six weeks; (f) for the complete and permanent loss of hear- ing in one ear, fifty-two weeks ; (g) for the complete and perma- nent loss of sight in one eye, or the reduction in one eye to one- tenth or less of normal vision with glasses, one hundred and four weeks ; (h) for the loss of, or the complete and permanent loss of the use of, a thumb, thirty-eight weeks ; (i) for the loss of, or the complete and permanent loss of the use of, a first finger or a great toe, thirty-eight weeks ; (j) for the loss of, or the com- plete and permanent loss of the use of, a second finger* thirty weeks ; a third finger, twenty-five weeks ; a fourth finger, twenty weeks ; (k) for the loss of, or the loss of the use of, any toe ex- cept the great toe, thirteen weeks. The loss of, or the loss of the use of, one phalanx of a thumb shall be construed as half of the loss of the thumb ; the loss of, or the loss of the use of, one phalanx of a finger shall be construed as one-third of the loss of the finger ; the loss of, or the loss of the use of, two phalanges of a finger shall be construed as two-thirds of the loss of the fin- ger ; and the loss of the greater part of a phalanx shall be con- strued as the loss of a phalanx; and shall be compensated accord- ingly. In case the injury shall consist of the loss of a substan- tial part of a member resulting in a permanent partial loss of use of the member, or in case the injury results in a permanent par- tial loss of function, the commissioner may in his discretion, in lieu of other compensation, award to the injured person such a proportion of the sum herein provided for the total loss or loss of use of such member or for incapacity or both as shall represent the proportion of total loss or loss of use found to exist, and any voluntary agreement submitted in which the basis of settlement is such proportionate payment, may, if otherwise conformable to LABOR LAWS OF CONNECTICUT. 67 the chapter, be approved by the commissioner in his discretion. The word "member" shall include all portions of the human body referred to in sub-sections (a) to (k), inclusive. — Section 5352. Average Weekly Earnings. For the purposes of this chap- ter, the average weekly wage shall be ascertained by dividing the total wages received by the injured workman from the em- ployer in whose service he is injured during the twenty-six cal- endar weeks immediately preceding that during which he was injured, by the number of said calendar weeks during which, or any portion of which, said workman was actually employed by said employer, provided, in making such computation, absence for seven consecutive calendar days, although not in the same calendar week, shall be considered as absence for a calendar week. When the employment commenced other than at the beginning of a calendar week, such calendar week and the wages earned dur- ing such week shall be excluded in making the above computa- tion. When the employment, previous to injury as provided above, is computed to be less than a net period of two calendar weeks, then his weekly wage shall be considered to be equivalent to the average weekly wage prevailing in the same or similar em- ployment in the same locality at the time of injury. For the pur- pose of determining the amount of compensation to be paid in the case of a minor under the age of eighteen years who has sus- tained an injury entitling him to compensation for total or par- tial incapacity for a period of fifty-two or more weeks, or to spe- cific indemnity for any of the injuries enumerated in sub-sections (a) to (k), inclusive, of the preceding section, the commissioner may add fifty per centum to his average weekly wage. — Section 5353- Allowance for Advance Payments. In fixing the amount of any compensation under this chapter due allowance shall be made for any sum which the employer may have paid to any in- jured employee or to his dependents on account of the injury, ex- cept such sums as the employer may have expended or directed to be expended for medical, surgical, or hospital service.— Section 5354- Revision of Awards. Any award of, or voluntary agree- ment concerning compensation made under the provisions of this chapter shall be subject to modification, upon the request of either party and in accordance with the procedure for original deter- minations, whenever it shall appear to the compensation com- missioner that the incapacity of an injured employee has in- creased, decreased or ceased, or that the measure of dependence, on account of which the compensation isjpaid, has changed, or that changed conditions of fact have arisen which necessitate a change of such agreement or award in order properly to carry out the spirit of this chapter. The commissioner shall also have 68 LABOR LAWS OF CONNECTICUT. the same power to open and modify an award as any court of the state has to open and modify a judgment of such court. The compensation commissioner shall retain jurisdiction over claims for compensation, awards and voluntary agreements, for any proper action thereon, during the whole compensation period ap- plicable to the injury in question. — Section 5355. Appointment and Term of Compensation Commissioners. Vacancies. Removal. There shall continue to be five com- pensation commissioners, one from each of the five congressional districts as constituted October 1, 1913. Upon January first, of each year, the governor shall appoint a competent person to be compensation commissioner for the term of five years. Said commissioners shall be sworn to a faithful performance of their duties. Vacancies occurring during a term shall be filled by the governor. After due notice and public hearing the governor may remove any commissioner for cause and the good of the public service. — Section 5356.- Powers of Commissioners. Each commissioner shall, for the purposes of this chapter, have power to summon and examine under oath such witnesses, and may direct the production of, and examine or cause to be produced or examined, such books, rec- ords, vouchers, memoranda, documents, letters, contracts, or other papers in relation to any matter at issue as he may find proper, and shall have the same powers in reference thereto as are vested in magistrates taking depositions. He shall have pow- er to certify to official acts, and all powers necessary to enable him to perform the duties imposed upon him by the provisions of this chapter. The commissioners shall reside in the districts for which they are severally appointed and each shall have jur- isdiction of all claims and questions arising in such district un- der Part B of this chapter. The commissioner for the first con- gressional district shall maintain an office at some convenient location in the city of Hartford; the commissioner for the sec- ond district, an office similarly located in the city of Norwich; the commissioner for the third district, in the city of New Ha- ven ; the commissioner for the fourth district, in the city of Bridgeport ; and the commissioner for the fifth district in the city of Waterbury. Each commissioner shall keep his office open during reasonable business hours of every day except Sundays and legal holidays, but may hear and decide cases at any other place within his district. In case a commissioner is disciualified or temporarily incapacitated from hearing any matter, he shall designate some other commissioner to hear and decide such mat- ter and such other commissioner shall possess the same jurisdic- tion and power, for the purpose of such hearing, as such inca- pacitate or disqualified commissioner. The superior court, on ap- plication of a commissioner or the commission, or of the attorney LABOR LAWS OF CONNECTICUT. 69 general, may enforce, by appropriate decree or process, any pro- vision of this chapter or any proper order of a commissioner or the commission rendered in pursuance of any such provision. — Section 5357. The Board of Commissioners. Acting together, the com- missioners shall have power to adopt and change such common rules, procedure, and forms as they shall deem expedient for the purposes of this chapter. Annually the commissioners shall pre- pare and submit to the governor a report of their doings, includ- ing such recommendations as they shall think proper for the im- provement of this chapter or its administration.— Section 5358. Report of Accidents. Every employer who has accepted the provisions of Fart B of this chapter shall keep a record of such injuries sustained by his employees in the course of their employment as result in incapacity for one day or more ; and every such employer shall send each week to the commissioner such report of such injuries, in duplicate, as the commissioner shall require, with such notices of claims for compensation as have been served upon him within one week, in conformity with the provisions of Section 5360. No other report of injuries to employees shall be required by any department or office of the state from such employers as have accepted Part B. The dupli- cates of such reports shall be transmitted to the Commissioner of Labor and Factory Ins,pect\on.-*-Section 5359. Claims for Compensation. No proceedings for compensa- tion under the provisions of this chapter shall be maintained un- less a written notice of claim for compensation is made within one year from the date of the injury. Such notice shall state in simple language the date, place, and nature of the injury, the name and address of the injured employee, and the person in whose interest compensation is claimed. Notices may be served in the same manner as notices of withdrawal from the provi- sions of Part B ; and, in cases of fatal injuries, notice may be served either by any one of the dependents under the provisions of this chapter as provided in Section 5343, or by the legal repre- sentative of the deceased employee ; but where there has been a hearing or a written request for a hearing or an assignment for hearing within one year from the date of the injury, or where a voluntary agreement has been submitted within said period of one year, no want of such notice of claim shall be a bar to the maintenance of proceedings and in no case shall any defect or inaccuracy of such notice of claim be a bar to the maintenance of proceedings unless the employer shall show that he was igno- rant of the injury and was prejudiced thereby. Upon satisfac- tory showing of such ignorance and prejudice, the employer shall receive allowance to the extent of such prejudice. Within one week after the receipt by an employer of such notice of claim yO LABOR LAWS OF CONNECTICUT. for compensation he shall report the substantial facts of such no- tice to the commissioner. — Section 5360. Voluntary Agreements. If an employer and an injured employee, or in case of fatal injury. his legal representative, shall, at a date not earlier than the expiration of the waiting period, reach an agreement in regard to compensation, such agreement shall, by the employer, be submitted in writing to the commis- sioner, with a statement of the time, place and nature of the in- jury upon which it is based; and if said commissioner shall find such agreement to conform to the provisions of this chapter in every regard he shall so approve it. Every agreement thus ap- proved shall be filed in the office of the clerk of the superior court for -the county in which the injury occurred if such injury oc- curred within this state; otherwise in the office of the clerk of the superior court for the county in which the office of the com- missioner making the award is located. A copy of such agree- ment shall be retained by the commissioner, and a like copy de- livered to each of the parties, and thereafter it shall be as bind- ing upon both parties as an award by the commissioner. Before discontinuing payments on account of total or partial incapacity under any such agreement, the employer shall notify the commis- sioner and the employee of the discontinuance of such payments, with the date of such discontinuance, and the reason therefor, and until such notices are sent to the commissioner and said em- ployee, the liability for such payments shall continue, unless oth- erwise ordered by the commissioner. — Section 5361. Medical Examinations. At any time while claiming or re- ceiving compensation, upon the reasonable request of the em- ployer or at the direction of the commissioner, an injured em- ployee shall submit himself to examination by a reputable prac- ticing physician or surgeon provided and paid by the employer, with a view to a determination of the nature of the injury and the incapacity resultant therefrom. At any such examination the injured employee shall be allowed to secure the attendance of any reputable practicing physician or surgeon provided and paid by himself. The refusal of an injured employee thus to submit himself to a reasonable examination shall suspend his right to compensation during such refusal. — Section 5362. Hearings of Claims. If an employer and his injured em- ployee, or his legal representative, as the case may be, shall fail to reach an agreement in regard to compensation under this chap- ter, either party may notify the commissioner of the failure. Upon such notice, or upon other knowledge that an agreement has not been reached in a case in which compensation is claimed, the commissioner shall appoint an early hearing upon the mat- ter, giving both parties due notice of time and place not less than ten days' prior to the date appointed. Hearings shall be held, if LABOR LAWS OF CONNECTICUT. -J\ practicable, in the town in the state in which the injured em- ployee resides; and, if such place is not practicable, in such other convenient place as the commissioner may prescribe. Sufficient notice of such hearing may be given to the parties in interest by a brief written statement in ordinary terms of the date, place, and nature of the injury upon which the claim for compensation is based. — Section 5363. Conduct of Hearings. Both parties' may appear at any hearing, either in person or by attorney or other accredited rep- resentative, and no formal pleadings shall be required, beyond such informal notices as the commission shall approve. In all cases and hearings under the provisions of this chapter the com- missioner shall proceed, so far as possible, in accordance with the rules of equity. He shall not be bound by the ordinary com- mon law or statutory rules of evidence or procedure, but may make inquiry in such manner, through oral testimony or written and printed records, as is best calculated to ascertain the sub- stantial rights of the parties and carry out justly the spirit of this chapter. No fees shall be taxed or charged to either party by the commissioner in connection with any hearing or other procedure, but the commissioner shall furnish at cost certified copies of any testimony, award, or other matter which may be of record in his office. Witnesses subpoenaed by the commis- sioner shall be allowed such fees and traveling expenses as are allowed in civil actions, to be paid by the party in whose interest such witnesses are subpoenaed. — Section 5364. Awards of Commissioner. As soon as may be after the conclusion of any hearing the commissioner shall send to each party a written copy of his finding and award and shall file a third copy in his office. The original award shall be filed in the office of the clerk of the superior court for- the county in which the injury occurred if such injury occurred within the state. If such injury occurred outside of the state and under such cir- cumstances as to authorize an award under the provisions here- of, the original award may be filed in the office of the clerk of the superior court in the county in which the office of the commis- sioner making the award is located. If no appeal from his de- cision is taken by either party within ten days thereafter, such finding and award shall be final and may be enforced in the same manner as a judgment of the superior court. The superior court is. authorized to issue execution upon any uncontested or _ final award of a commissioner in the same manner as in cases of judg- ments rendered in the superior court.— -Section 5365. Appeals. At any time within ten days after entry of such finding and award by the commissioner either party may appeal therefrom to the superior court for the county in which the _ award was filed. The clerk of said court shall notify the adverse 72 LABOR LAWS OF CONNECTICUT. party of such appeal. No bond for prosecution shall be required on any such appeal unless property of the defendant is attached therein. Actions brought to the superior court under the pro- visions of this section shall be privileged in respect to their as- signment for trial over all other actions except writs of habeas corpus and actions brought by or on behalf of the state, includ- ing informations on the relation of private individuals. No costs shall be taxed in favor of either party on any such appeal either in the superior court or in the supreme court of errors, nor shall either party be liable to pay any fees or costs of any kind whatsoever, except the record fee on appeal to the supreme court of errors, provided, whenever any appeal shall be taken to the superior court from the finding and award of a compen- sation commissioner, and such appeal shall be found by said court to be either frivolous, or taken for the purpose of vexation or delay, said court may tax costs in its discretion against the person so taking such appeal. — Section 5366. Commutation into Lump Sums. When he finds it just or necessary the commissioner may approve or direct the commu- tation, in whole or in part, of weekly compensations under the provisions of this chapter into monthly or quarterly payments, or into a single lump sum, which may be paid to the one then en- titled to the compensation, and such commutation shall be bind- ing upon all persons who may be entitled to compensation for the injury in question. In any such case of commutation, a true equivalence of value shall be maintained, with due discount of sums payable in the future ; and when commutation is made into a single lump sum, the commissioner may direct that it be paid into any savings bank, trust company, or life insurance com- pany which is authorized to do business within this state, to be held in trust for the beneficiary or beneficiaries under the pro- visions of this act, and paid in conformity with the provisions of this chapter. — Section 5367. Substitute Systems of Compensation. With the approval of the state insurance commissioner any employer subject to the provisions of Part B may enter into an agreement With his em- ployees to provide a system of compensation, benefit, and insur- ance in lieu of the compensation and insurance provided by this chapter. No such substitute system shall be approved unless it confers benefits upon injured employees at least equivalent to the benefits provided by this , chapter, nor shall any such substitute system be approved which contains an obligation of employees to join in it as a condition of employment, or which in that case does not contain equitable provision for the withdrawal of em- ployees from it and the distribution of its assets. If any such system requires contributions from employees it shall not be ap- proved unless it confers benefits in addition to those provided LABOR LAWS OF CONNECTICUT. 73 under this chapter at least commensurate with such contribu- tions. The insurance commissioner, having given his approval of such substitute system, shall have over it all the jurisdiction given him by Section 4064 over insurance companies. He may withdraw his approval upon reasonable notice to the employer and order a distribution of the assets, subject to the right of any party in interest to take an appeal to the superior court for Hart- ford county. — Section 5368. Insurance of Compensation Liability. Every employer subject to Part B who shall not furnish to the commissioner sat- isfactory proof of his solvency and financial ability to pay di- rectly to injured employees or other beneficiaries the compensa- tion provided by this chapter, shall insure his full liability under Part B in one or both the following ways: (1) By filing with the insurance commissioner in form acceptable to him security guar- anteeing the performance of the obligations of this chapter by said employer; or, (2) by insuring his full liability under Fart B in such stock or mutual companies or associations as are or may be authorized to take such risks in this state, or by such combi- nation of the above-mentioned two methods as he may choose,- subject to the approval of the insurance commissioner. — Section 5369- Requirements in Insurance Policies. Every policy insur- ing the payment of compensations under this act shall contain a clause to the effect that as between the employee and the insurer, notice and knowledge of the occurrence of injury by the insurer shall be deemed notice and knowledge by the insurer, that jur- isdiction of the insured for the purposes of this chapter shall be jurisdiction of the insurer, and that the insurer shall in all things be bound by and subject to the findings, judgments, and awards rendered against such insured. — Section 5370. Agreements and Requirements in and Issuance of Insur- ance Policies. No policy of insurance against liability under Part B, except as provided in Section 5369, shall be made unless the same shall cover the entire liability of the employer there- under and shall contain an agreement by the insurer that, in case the insured shall become insolvent or be discharged in bank- ruptcy during the period that the policy is in operation, or the compensation, or any part of it, is due and unpaid, or in case an execution upon a judgment for compensation is returned unsat- icfied, an injured employee, or other person entitled to compen- sation under the provisions of this chapter, may enforce his claim to compensation against the insurer to the same extent that the insured could have enforced his claim against insurer had he paid compensation. Nothing herein contained shall prevent the issuance of an insurance policy, insuring any employer hav- ing ordinarily and regularly less than five employees against such 74 LABOR LAWS OF CONNECTICUT. liability under Part B as he may incur by reason of employing five or more employees at irregular intervals or from time to time. — Section 5371. Obligations Not to Be Evaded. No contract, expressed or implied, no rule, regulation, or other device, shall in any manner relieve any employer, in whole or in part, of any obligation cre- ated' by this chapter, except as herein set forth. — Section 5372. Action for Minors and Incompetents. When any employee affected by the provisions of this chapter, or any person entitled to compensation hereunder, shall be a minor, or mentally incom- petent, his parent, or .guardian duly appointed, may, on his be- half, perform any act or duty required or exercise any right con- ferred by the provisions of this chapter with the same effect as if such person were legally capable to act in his own behalf and had so acted. The commissioner may, for just cause shown, au- thorize or direct the payment of compensation directly to a min- or, or to some person nominated by the minor and approved by the commissioner, which person shall act in behalf of such minor. — Section 5373. Fees to Be Approved. All fees of attorneys, physicians, or other persons for services under this chapter shall be subject to the approval of the commissioner. — Section 5374. Exemptions and Preference of Compensations. All sums due for compensation under the provisions of this chapter shall be exempt from levy, attachment and execution and shall be non- assignable before or after award. The rights of compensation granted by this chapter, reckoned at their present value, shall have the same preference against the assets of an employer as may be allowed by law to a claim for the unpaid wages of work- men earned within three months. — Section 5375. Payments of Compensation. Compensations payable un- der this chapter shall be paid at such particular times in the week and in such manner as the commissioner may order, and shall be paid directly to the persons entitled to receive them unless the commissioner, for good reasons, shall order payment to those entitled to act for such persons. — Section 5376. Manner of Serving Notices. Any notice under this chap- ter required to be served upon employer, employee, or commis- sioner may be served in the' manner prescribed in Section 5343, unless the circumstances of the case or the rules of the commis- sion shall direct otherwise. — Section 5377. Custody of Forms. The town clerks of the several towns are authorized and directed to receive from the commission such blank forms as may be prepared for use under this chapter and to distribute the same to persons making proper application for them. — Section 5378. LABOR LAWS OF CONNECTICUT. 75 Interstate Commerce. This chapter shall not affect the liability of employers to employees engaged in interstate or for- eign commerce, for death or injury in case the laws of the United States provide for compensation or for liability for such death or injury. — Section 5379. Failure to Observe. If any employer has accepted the pro- visions of Part B of this chapter and thereafter fails to conform to any provision of Section 5369, an employee shall have the op- tion to elect, either to claim his right to compensation under the terms of this chapter or to bring an action to recover damages under the terms of Part A, and if such employer be a corpora- tion or joint stock association, such action may be brought against any or all the directors of such corporation, or joint stock association, who shall be individually and jointly and severally, liable for any damage suffered by such employee. If the injury sustained results in death, the option to elect shall be exercised by those persons entitled to compensation under the terms of Section 5349. . In the event of a failure by such persons to agree upon the election, the commissioner shall decide and his decision shall be final. The option to elect to bring an action to recover damages under the terms of Part A shall be exercised by notify- ing the employer within thirty days after receiving the injury up- on which such claim is based, and such action shall be brought within one year from the date of such injury. If the employer is not so notified, there shall remain only the right to compensa- tion under the terms of this chapter. If an employer has ac- cepted the provisions of Part B of this chapter and thereafter fails to conform to any provision of Part B, he shall be fined not more than one hundred dollars for each such failure. — Section 5380. Substitute Systems of Compensation. Any employer who has complied with the provisions of Section 5368 by entering into an agreement with his employees to provide a system of com- pensation, benefit and insurance in lieu of the compensation and insurance provided by this chapter, which agreement has been approved by the insurance commissioner; or any employer who has complied with the provisions of Section 5369 by filing with the insurance commissioner security guaranteeing the perform- ance of his obligations under this chapter ; or by insuring his full liability, or by a combination of the two last-named methods ap- proved by the insurance commissioner, may file in the office of the commissioner who may have jurisdiction in case of injury, a certificate issuing "but of the office of the insurance commit sioner stating that such substitute system has been approved or that such security guaranteeing the performance of the obliga- tions of this chapter has been filed with and accepted by said in- surance commissioner, or that a combination of the methods con- 76 LABOR LAWS OF CONNECTICUT. . templated in Section 5369 has been approved. Any employer who has insured his full liability may file a certificate setting forth such fact and stating the date of expiration of such insure ance, which certificate shall thereupon become a part of the rec- ords of the office of said compensation commissioner. — Section * Attachments Allowed When. When any person shall pre- sent in writing to the commissioner a claim for compensation, either for injury sustained by himself arising out of and in the course of his employment or for injury res'ulting in the death of some person of whom he is an alleged dependent, he may ask that a writ of attachment issue to secure the payment of such claim or claims for compensation as may arise out of such injury. Unless it shall appear from the records of said commissioner that there has been a compliance with the provisions of Section 5368 or 5369, which compliance is then effective, said commis- sioner may issue a writ of attachment in the manner and form of writs of attachment in civil actions, and said commissioner is vested with the same jurisdiction as authorities authorized to issue writs of attachment in civil actions. Should any such writ be issued and should it thereafter appear to the satisfaction of the commissioner that there has been a compliance with the provi- sions of Section 5368 or 5369, which compliance was then ef- fective and applicable to the injury in question, the commission- er may thereupon vacate such writ of attachment on the payment by the employer of the expense actually incurred under said writ of attachment. The several compensation commissioners are vested with the authority of the various courts to dissolve attach- ments made under the authority hereinbefore conferred, and on the dissolution of an attachment may require the substitution of a bond in the same manner as any court upon the dissolution of attachments in civil actions. — Section 5382. When Cases May Be Reserved for Supreme Court. When, in any case arising under the provisions of this chapter, the su- perior court shall be of opinion that the decision involves princi- ples of law which are not free from reasonable doubt, and which public interest requires shall be determined by the supreme court of errors, in order that a definite rule be established applicable to future cases, said court may, on its own motion and without any agreement or act of the parties or their counsel, reserve such case for the opinion of the supreme court of error. Upon a res- ervation so madej no costs shall be taxed in favor of either party, and no entry fee, record fee, judgment fee 6V other clerk's fee in either court shall be taxed. — Section 5383. When Liability May Be Waived. Whenever any person having a contract of employment, or desiring to enter into a con- tract of employment, shall have any physical defect which im- LABOR LAWS OF CONNECTICUT. JJ poses upon his employer or prospective employer an undue or un- usual, hazard, it shall be permissible for such person to waive _ in writing for himself or his dependents or both, any rights to compensation under the provisions of this chapter for any personal injury arising out of and in the course of his employment which may be found by the commissioner having jurisdiction to be directly due to such phys- ical defect. No such waiver shall become effective unless the physical defect in question shall be plainly described therein, nor until the commissioner having jurisdiction shall find that the per- son signing such waiver fully understands the meaning thereof, nor until such commissioner shall, in writing, approve thereof and furnish each of the parties thereto with a copy thereof. No such waiver shall be a bar to a claim by the person signing the same, or his dependents, for compensation for any injury aris- ing out pf and in the course of his employment, which injury shall not be found to be directly due to the particular condition described therein. — Section .5384. Power of Commissioners Over Insurance Companies. Whenever the compensation commissioners, or a majority of them, shall find that any insurance company or association insur- ing the liability of an employer under the provisions of this chapter, is conducting such business improperly or is dilatory in investigating and adjusting claims or making payments, or fails to comply with the provisions of this chapter or the rules, pro- cedure and forms adopted by the commission, then said commis- sioners, or a majority of them, shall notify the insurance com- missioner, in writing, setting forth the facts, and thereupon the insurance commissioner shall fix a time and place for a hearing thereof, giving reasonable notice to the commissioners and to such company or association of such hearing, and if he shall find the allegations to be true, he may either suspend for a time or revoke the license of such company or association to transact such business in this state. — Section 5385. Award of Fees and Expenses. Whenever any fees or ex- penses are, under the provisions of this chapter, to be paid by the employer or insurer, and not by the employee, the commis- sioner may make an award directly in favor of the person en- titled, which award shall be filed in court, shall be subject to ap- peal; and shall be enforceable by execution as in other cases. Such award may be combined with an award for compensation in fa- vor of or against the injured employee or the dependent or de- pendents of a deceased employee or be the subject of an award covering only such fees and expenses. — Section 5386, Digest of Decisions. The comptroller is directed to cause a digest of the decisions of the compensation commissioners to be compiled, either in one volume or in parts, to include also de- 78 LABOR LAWS OF CONNECTICUT. cisions of the superior court in compensation cases and decisions or references to decisions of the supreme court of errors in such cases, and to have published twenty-five hundred copies thereof ■ for distribution by him as follows : To the commissioners, seven hundred copies, to the state librarian, three hundred copies, and to the secretary of the state, for sale by him at cost, fifteen hun- dred copies. — Section 538/. Definitions. Terms used in this chapter are defined as fol- lows: "Commissioner" shall mean that compensation commis- sioner, who has jurisdiction in the matter referred to in the con- text. "Commission" shall mean the five commissioners, or a majority of them, acting as a board. "Dependents" shall mean members of the injured employee's family or next of kin who were wholly or partly dependent upon the earnings of the em- ployee at the time of the injury. "Employee" shall mean any person who has entered into or works under any contract of service or apprenticeship with an employer, whether such con- tract contemplated the performance of duties within or without the state. It shall not be construed to include either (a) an out- worker, or (b) one whose employment is of a casual nature, and who is employed otherwise than for the purposes of the employ- er's trade or business, or (c) a member of the employer's family dwelling in his house. "Employer" shall mean any person, cor- poration, firm, partnership, or joint stock association, the state, and any public corporation within the state using the services of another for pay ; it shall include also the legal representative of any such employer. Masculine terms include males, females, and legal persons. "Outworker" shall mean a person to whom articles or materials are given to be treated in any way on prem- ises not under the control or management of the person who gave them out. As the natural interpretation of the context may re- quire, singular terms may be taken to include the plural, and plural to include the singular. — Section 5388. Report of the Workmen's Compensation Commissioners. The workmen's compensation commissioners shall biennially prepare and submit to the governor a report of their doings in conformity with the provisions of Section 183, including such recommendations as they shall think proper. — Section 5389. Constitutionality. In case any provision of this chapter shall be held by the courts to be unconstitutional and invalid, the invalidity of such provision shall not affect any other provision which can be given effect without the provision held invalid. — Section 5390. Part C. Employers' Mutual Insurance. Mutual Associations Authorized. With the approval of the insurance commissioner, employers who have accepted the LABOR LAWS OF CONNECTICUT. 79 provisions of Part B of this chapter and are bound to pay com- pensations to their employees thereunder, may associate them- selves, in accordance with the law for the formation of corpo- rations without capital stock, for the purpose of establishing and maintaining mutual associations to insure their liabilities under this chapter, but no such association shall be formed to include employers not in the same or similar trade or business, or in trades or businesses with substantially similar degrees of hazard of injury to employees. — Section 5391. .Approval by Insurance Commissioner. With a view to his approval, the insurance commissioner may require the incorpo- rators of any such association to include in their proposed certifi- cate of incorporation such lawful provisions for the regulation of the affairs of the association and the definition of its powers and the powers of its officers, directors, and incorporators as shall satisfy him that it is well designed and wisely adapted to its proposed purposes. When such a certificate, in form and sub- stance acceptable to the insurance commissioner, has been ap- proved by and filed with the secretary of the state, the incorpo- rators shall forthwith cause copies thereof to be filed in the of- fices of the insurance commissioner and each of the compensa- tion commissioners. — Section 5392. Membership. Membership in such associations shall be limited to such employers as are subject to Part B of this chap- ter, and each association shall have power, by appropriate by- laws, to provide for the admission, suspension, withdrawal, or expulsion of members. — Section 5393. Control of Associations. Except as herein otherwise pro- vided, such associations shall be subject to the same regulation and coutrol as is or may be imposed by law upon other corpora- tions or associations taking similar risks in this state, and over them the insurance commissioner shall have all the jurisdiction given him by Section 4064 over insurance companies., — Section 5394- Policies. No policies shall be issued by any such associa- tion until members in such numbers and with such numbers of employees as the insurance commissioner may decide will give a fair diffusion of risks shall have obligated themselves to take policies immediately upon their authorization, nor shall any pol- icies be issued except such as the insurance commissioner shall have approved as conforming in all respects to the requirements of this chapter. Conformably to the provisions of Section 5369, policies may be issued covering claims only in excess of a cer- tain amount. If at any time, by the retirement of members, re- duction of numbers of employees, or other cause, the member- ship of any association shall appear to the insurance commis- sioner no longer to afford a fair diffusion of risks, he may sus- 80 , LABOR LAWS OF CONNECTICUT. pend or forbid the further issue of policies until the former con- ditions of the association have been restored.— Section 5395. Officers and Voting. The affairs of all associations incor- porated under this chapter shall be managed by such officers and directors as may be chosen in manner prescribed by the by-laws of the association, provided, every member shall be entitled to cast at least one ballot in all elections and votes, that any member having had for six months an average of more than one hun- dred and not more than five hundred employees to whom he is bound to pay compensation under this chapter shall be entitled to cast two ballots, that each additional five hundred employees shall entitle such member to an additional ballot, and that no member shall be entitled to cast more than eight ballots-^S>c- tion 5396. Safety Rules. Each association shall have power to pre- scribe and enforce reasonable rules for safety regulations on the premises of its members, and for. that purpose, its inspectors shall have free access to all such premises during regular working hours. — Section 5397. Premiums. Each association shall have power to deter- mine the comparative premium rates for each occupation or risk insured by it rand to prescribe rates of cash premiums sufficient to cover the current cost. Said premium rates shall prevail for the fiscal year of the -association, but annually they may be changed at any time by the directors. T'he current cost herein specified shall be such an amount as is estimated to cover the expenses and the claims or portions of claims payable within the same fiscal year within which they originated. Members of each associa- tion shall be required to pay yearly in advance cash premiums for current costs, and in addition thereto an amount in negotia- ble notes sufficient to maintain a reserve equal to that required of stock or commercial casualty companies by the general stat- utes' for similar classes of risks. These notes shall be payable on the call of the treasurer of the association, as they may be re- quired to meet estimated losses or expenses in excess of the cur- rent cost or to meet claims, covering losses not payable within the same fiscal year within which the claim originated. The direct- ors may, in their discretion, fix rates of interest on either notes or balances. — Section 5398, Assessments. If an association is not possessed of funds sufficient for the payment of incurred losses and expenses, it shall make an assessment for the amount needed to pay such losses and expenses, upon the members liable to assessment therefor, in proportion to their several liabilities. — Section 5399. Investments. The funds of ea^h association shall be in- vested by the directors in the same classes- of securities and in the same manner in which the funds of domestic life insurance com- LABOR LAWS OF CONNECTICUT. 8l panies are by law required or permitted to be invested.— Section 5400. By-laws and Regulations. Each . association shall have power to determine the premiums, contingent liabilities, assess- ments, penalties, and dividends of its members, and to enforce, or administer the same without the limitations imposed upon corporations without capital stock by Section 3536. It shall also have power to make and amend by-laws or regulations not inconsistent with its certificate of incorporation for the prompt, economical, and safe conduct of its affairs. All by-laws and regulations of each association shall be filed with the insurance commissioner, and shall be subject to his approval. If not dis- approved by him they shall go into effect thirty days after filing, or at such later date as may be indicated in the by-laws or regu- lations. — Section 5401. Appeals to Superior Court. From any decision or order of the insurance commissioner affecting any association, such asso- ciation shall have the right of appeal to the superior court for Hartford county. — Section 5402. Part D. Workmen's Compensation Insurance. Terms of Contract of Insurance. Whenever any employ- er of labor as defined in this, chapter shall . insure his lia- bility* under this chapter with any company" authorized to tran- sact a compensation insurance husiness in this state, the contract of insurance between such employer of labor and such insurer, shall be a contract for the benefit of any employee who shall sus- tain any injury arising out of and in the course of his employ- ment "by such insured by reason of the. business operations de- scribed in the policy while conducted at any working place there- in described or elsewhere in connection therewith, or in the event of , such injury resulting in, death, for the benefit of the depen- dents of such employee. Every such policy shall contain an agreement by the insurer to the effect that the insurer shall be di- rectly and primarily liable to the employee and, in the event of his death, to his dependents, to pay to him or to them the com- pensation, if any, for which the employer is liable, provided, pay- ment in whole or in part, of such compensation by either the em- ployer or the insurer shall to the extent thereof be a bar to the recovery against the other of the amount so paid. — Section $403. Notice to Insurer. When a claim. for compensation by any such injured employee or the dependent of an injured employee of an employer who has insured his liability as aforesaid, shall not result in a voluntary agreement and a hearing before a com- pensation" commissioner, shall be necessary' to determine such, claim, the insurer" shall receive^he same notice of such' hearing 82 LABOR LAWS OF CONNECTICUT. as is by law required to be given to the employer and shall there- upon be a party to the proceeding. — Section 5404. Award. Its Enforcement. In any such Hearing the com- missioner having jurisdiction may make his award directly against such employer, insurer, or both, and such award shall be enforceable in all respects as provided by law for enforcing awards against an employer, and the proceedings on hearing, finding, award, appeal, and execution shall be in all respects sim- ilar to that provided by law as between employer and employee. — Section 5405. Defense on Contract, Certain Abolished. As between any such injured employee or his dependent and the insurer, every such contract of insurance shall be conclusively presumed to cov- er the entire liability of the insured, and no question as to breach of warranty, coverage, or misrepresentation by the insured shall be raised by the insurer in any proceedings before the compen- sation commissioner or on appeal therefrom. — Section 5406. When Representations Avoid Policy. No statement in an application for a policy of compensation insurance shall vitiate such policy as between the insurer and the insured, unless such statement shall be false and shall materially affect either the ac- ceptance of the risk or the hazard assumed by the insurer. — Section 5407. Insurance Commissioner Shall Approve Form of Policy. No insurer shall issue any policy of insurance purporting to cover the liability of an employer under the provisions of this chapter, until a copy of the form of such policy shall have been filed with and . approved by the insurance commissioner. — Section 5408. Damages for Material Misstatements. When any insured shall knowingly make a material misstatement to any insurer to the damage of such insurer, such insurer may recover just dam- ages resulting from such misstatement. — Section 5409. Reserves for Liability and Workmen's Compensation Insur- ance. The reserve for outstanding losses under insurance against loss or damage from accident to or injuries suffered by an employee or other person and for which the insured is liable shall be computed as follows : ( 1 ) For all liability suits being de- fended under policies written more than (a) ten years prior to the date as of which the statement is made, one thousand five hundred dollars for each suit; (b) five and less than ten years prior to the date as of which the statement is made, one thousand dollars for each suit ; (c) three and less than five years prior to the date as of which the statement is made, eight hundred and fifty dollars for each suit; (2) for all liability policies written during the three years immediately preceding the date as of which the statement is made, such reserve shall be sixty per centum of the earned liability premiums of each of such three LABOR LAWS OF CONNECTICUT. 83 years less all loss and loss expense payments made under liability policies written in the corresponding years ; but in any event, such reserve shall, for the first of such three years, be not less than seven hundred and fifty dollars for each outstanding liability suit on said year's policies ; (3) for all compensation claims under pol- icies written more than three years prior to the date as of which the statement is made, the present values at four per centum in- terest of the determined and the estimated future payments ; (4) for all compensation claims under policies written in the three years immediately preceding the date as of which the statement is made, such reserves shall be sixty-five per centum of the earned compensation premiums of each of such three years, less all loss and loss expense payments made in connection with such claims under policies written in the corresponding years; but in any event in the case of the first year of any such three-year period such reserve shall be not less than the present value at four per centum interest of the determined and the estimated unpaid com- pensation claims under policies written during such year; pro- vided, in computing the reserve for the statement for December 31, 1918, the ratio sixty-two and one-half per centum shall be used instead of sixty-five per centum as hereinbefore provided. — Section 5410. Definitions. The term "earned premiums" shall include gross premiums charged on all policies written, including all determined excess and additional premiums, less returned premiums other than premiums returned to policyholders as dividends, and less reinsurance premiums and premiums on policies cancelled, and less unearned premiums on policies in force. The term "Compen- astion" shall relate to all insurances effected by virtue of statutes providing compensation to employees for personal injuries ir- respective of fault of the employer. The term "liability" shall relate to all insurance except compensation insurance against loss or damage from accident to or injuries 'suffered by an employee or other person and for which the insured is liable. The terms "loss payments" and "loss expense payments" shall include all payments to claimants, including payments for medical and sur- gical attendance, legal expenses, salaries and expenses of inves- tigators, adjusters and field men, rents, stationery, telegraph and telephone charges, postage, salaries and expenses of office em- ployees, home office expenses and all other payments made on ac- count of claims, whether such payments shall be allocated to spe- cific claims or unallocated. — Section 54.11. Distribution of Unallocated Liability Loss Expense Pay- ments. All unallocated liability loss expense payments made in a given calendar year subsequent to the first four years in which an insurer has been issuing liability policies shall be distributed as follows: Thrty-five per centum shall be charged to the poli- 84 LABOR LAWS OF CONNECTICUT. cies written in that year, forty per centum to the policies written in the preceding year, ten per centum to the policies written in the second year preceding, ten per centum to the policies written in the third year preceding and five per centum to the policies writ- ten in the fourth year preceding, and such payments made in each of the first four calendar years in which an insurer issues liability policies shall be distributed as follows : In the first calendar year one hundred per centum shall be charged to the policies written in that year, in the second calendar year fifty per centum shall be charged to the policies written in that year and fifty per centum to the policies written in the preceding year, in the third calendar year forty per centum shall be charged to the policies written in that year, forty per centum to the policies written in the preceding year, and twenty per centum to the policies written in the second year preceding, and in the fourth calendar year thirty-five per centum shall be charged, to the policies written in that year, forty per centum to the policies written in the preceding year, fifteen per centum to the policies written in the second year preceding and ten per centum to the policies written in the, third year pre- ceding, and a schedule showing such distribution shall be included in the annual statement showing all unallocated compensation; loss expense payments made in a given calendar year subsequent to the first three years in which an insurer has been issuing com- pensation policies shall be distributed, as follows: Forty per centum shall be charged to the policies written in that year, forty- five per centum to the policies written in the preceding year, and ten per centum to the policies written in the second year preceding and five per centum to the policies written in the third. year pre- ceding, and such payments, made in each of the first three calen- dar years in which ah. insurer issues compensation policies shall be distributed as follows: In the first calendar year one hundred per centum shall be charged to the policies written in that year, in the second calendar year.fifty per centum shall be charged to the policies written in that year and fifty per centum, to the policies written in the preceding year, in the third calendar year forty- five per centum shall be charged to the policies written in that year, forty-five per centum to the policies written in the preced- ing year and ten per centum to the policies written in the second year preceding, and a schedule showing such distribution shall be included in the annual statement Whenever, in the judgment of the insurance commissioner, the liability or compensation loss reserves of any insurer under his supervision, calculated in ac- cordance with the foregoing provisions, are inadequate, he may, in his discretion require such insurer to maintain additional re- serves based upon estimated individual claims or otherwise.— Section 5412. LABOR LAWS OF CONNECTICUT. 85 Experience in Compensation Insurance. Each insurer that writes liability or compensation policies shall include in the an- nual statement required by law a schedule of its experience there- unedr in such form as the insurance commissioner may prescribe. — Section 5413. Companies Writing Compensation Insurance Must Report to the Compensation Commissioner. Penalty. Every insur- ance company writing compensation insurance shall report in writing to the compensation commissioner having jurisdiction of the district in which an employer is insured and to the commis- sioner in each district in which such employer employs, labor, the name of the person or corporaton insured, the day on which the policy shall become effective, and the date of its expiration, which report shall be made within one week from the date of the policy. The cancellation of any policy so written and reported shall not become effective until one week after notice of such cancellation has been filed with the commissioner or commissioners with » whom such report is filed. Any insurance company violating any provision of this section shall be fined not less than one hundred nor more than one thousand dollars for each offense. — Section 54H- 86 INDEX TO LABOR LAWS. INDEX TO LABOR LAWS. Section. Page. Accidents in manufacturing or mercantile estab- lishments to be reported 2348 55 Alien laborers, protection of 2328 7 Artificial flowers, purses, cigars, cigarettes and wearing apparel, manufacture of 2355 43-56-57-58 Attachment of wages 4752 29 Costs 5809-5809 30 Exemption from 5945 30 Attachments of voluntary associations 5876 31 Badges, certain employees to wear 3791 53 Bake Shops, sanitary conditions, certificate, fee, re- vocation of certificate ' 2518 14 Booms regulated 2518-19 14 Employees' health 2520 16 Notice, service of 2521 15 Penalty 2522 15 Barbers may practice when 2979 59 Billiard and pool rooms, liquors, minors, closing. . 6479 21 Blacklisting 6360 32 Records 6361 32 Board of Arbitration 5332 35 Duties 5333-35 36 Decisions 5334 36 Definitions. 5337 36 Reports 5336 36 Bowling alleys, definition 5332 19 Boycotting 6358 32 Brakemen, number 3810 53 Bureau of Labor Statistics, management 2322 5 Rooms 2323 5 Report 2325-5304-5306 5-27 Special agents, employment of 2326 6 Candy, confectionery, ice cream and macaroni man- ufacture regulated 2523 15 Children, employment of, regulated, billiard and pool rooms 6479 22 Bowling alleys 5332 19 Elevators 2610 22 Employers' duty 5324 21 Penalty 5325 21 Employment forbidden 2736-5328-5329 23-58 Enforcement 5330 24 Penalty 5331 24 INDEX TO LABOR LAWS. 87 Section. Page. Enforcement 832, 5326-5331 17, 21-24 Evening school pupils, employment of 870 18 Farm work 1003 21 Messenger service 2611 22 Over 14, certificate 837 19 Report of violations 842 18 Under 14 , 840 17 Under 14 prohibited 5322 19 Under 16 regulated 5323 20 Unlawful exhibition 6208 23 Vacation employment 5327 21 Claims, preferred 5007-6088 31 Damages for injuries resulting in death 6137 59 Day's work, mechanics in state institutions 5308 57 Legal day's work 5307 28 Telegraph operators 3814 43 Department of Labor and Factory Inspection, created 2318 5 Commissioner, appointment of 2319 5 Deputies, assistants and employees, appoint- ment and removal of 2320-2323-2326-2329-2339-2343 5 Duties 2324-2340-2342-2321 6-10-13 Industrial investigator 2327 7 Report 2325-2340-5304-5306 5 10-27 Department of Factory Inspection 2338 6 Rooms 2354 6 Blanks from comptroller 2354 6 Dust, excessive 2350 12 Notices 2352 12 Penalty 2351 12 Appeal 2353 12 Elevators, inspected 2341 10 Operated 2610 22 Passenger 2609 43 Safety devices 2342 10 Emergency kits 5338 13 Employees to wear badges 3719 53 Employment of convicts 1969 37 Restricted 1936 37 Prisoners on highways 1934 38 prohibited 1935 38 Employment Offices, private 2333-2334-2335-2336-2337 8-9-10 Employers' Duties 1997-5320 39-45 Threats 650-6358 31-32 Fire escapes on certain buildings 2621 39 ■ Regulation, work shop and factories 2622 39 Hotels and other buildings 2623 40 Penalty 2624-27 40-41 Appliances 2626 41 Food manufacture regulated 2523 15 Holidays 6719 57 Hours of Labor, mechanics in state institutions . . 5308 57 Legal day's work 5307 28 Telegraph operators - 3814 43 Indenture, apprentices liable for damages 5300 25 Conn. Industrial School for Girls 1824 25 Conn. School for Boys 1811 25. 88 INDEX TO LABOR LAWS. Section. Page. Control of earnings 1815 25 Damages 5300 25 Enticement of minors 6302 26 Minors 5295 24 Parents of minors 5294 24 Selectmen 5296 24 Release - . . . 5299 26 Runaway 5298 26 Industrial investigation, powers, penalty ..... 2327 7 Injunctions . granted 6041 56 Injuries resulting in death., action, damages .6137 59 Insignia of societies registered 4817 46 Injunction against use of label 4819 46 Unauthorized use of label 4820 46 Unauthorized use of name or seal 4812 46 Validation of certain , labels . . * <••■..■ 4818 46 Inspection of Lodging Houses 5317 57 Labor contracts, security for , 3693 53 Not affected 3649 55 Labor for fine and costs 1977 37 Labor laws, suspension of 69 58 Labor Organizations, attempt to prevent joining. . 6359 32 Labor Unions, registration of insignia 4817 46 Injunction against use of label .......... . 4819 46 Unauthorized use of label '. 4820 46 Unauthorized use of name or seal. , 4812 46 "Validation of certain labels 4818 46 Laborers not to be overcharged 5318 29 Legal holidays 6719 57 Liens, mechanics 5217-5218-5219-5220-5222-5223-5231-5243-5244- . 315-5210-5211-5212-5213-5214-5215-5216-3693 47-53 Lodging house, inspection 5317 57 Machinery examined 2340 10 Master's duty to servant 1997-5320 39-45 Mattresses and pillows, manufacture and sale regu- lated 2683 15 Inspection . . 2684 16 Penalties * 2685 16 Motion picture operator 2288-2289 56 Occupational diseases 2416 59 Paper factory employes to be vaccinated ....... 5310 13 Parents and guardians, duties 835 17 Penalty 841 18 Platforms enclosed 3864-65 54 Prisoners, allowance for labor 1950 • 38 Employed on highway 1934 38 Pood ' and clothing, work 1971 38 Held for costs , 1948 37 Labor for fine and costs 1977 37 Prohibited, employment of 1935 38 Profits of corporations, shared with employees 3427 57 Public Utilities employees, resistance to 6373 44 Railroad roundhouses, sanitary conditions of 2321 13 Safety couplers 3768-69-70 53 Safety of employees ; . . : 3621-22-23-25-3650 54-55 Safety of public 3621-22-23-25-3650 54-55 INDEX TO LABOR LAWS. 89 Section. Page. Saloon employees 2736 58 Sanitary conditions of bakeries 2518 14 Factories 2345 11 Foundries 2346 11 Bailroad roundhouses 2321 13 Water closets • 2347 11 Seats for female employees 5321 28 For motormen 3872 44 Stained glass windows, prohibited 2344 10 State employment bureaus, branch offices 2330 8 Definitions 2332 8 Employment agencies exempted, certain 2331 8 Employment restricted 2337 9 Location 2329 7 Superintendence 2329 7 State prison, wardens' powers and duties 1933 37 Employment of convicts 1936 37 Sunday, work and recreation 6450 33 Exception, electric ear employees 3869 35 Exception of labor ' 6452 34 Exception, Saturday observance 6453 35 Sale - of articles 6451 33 Superintendent not to receive pay for procuring employment 5316 29 Telegraph operators and train despatchers, hours. . , 3814 43 Tuberculosis placards 2650 • 55 Wages, assignment of 4752 30 Not scaled 5319 29 Weekly payment 161-5313 28 Weekly-payment, exemption from 5314 28 Withholding 5312 28 Women and minors, employment of, hours in cer- tain employments . 5306 27 Manufacturing and mercantile establishments 5301-5302 26 Nights 5303 27 Penalty 5305 27 Prohibited 2736-5309 28-58 Workhouses, how established 1995 39 Workmen employed on building, protection of 5311 43 Union Label, imitation of trades ' 4815 45 Label 4816 45 Vaccination of paper factory employees ....'.• 5310 13 Veterans, employed in public service . J 1907 16 Appeal, reinstatement 1909 17 Discharge, pay reduction ; 1908 16 Workmen's Compensation Act, Parts A, B, C, D, . . 5339-5414 59-85 Acceptance of Part B, effect 5341 60 Acceptance presumed 5342 60 Acceptance, refusal of, effect of..... 5344 60 Acceptance, withdrawal 5343 60 Accildents, reports of, concerning 5359 69 Agreement, between employer and employee 5361 70 Allowances for advance payments 5354 67 Annual report of commissioners 5389 78 Appeals 5366 72 Attachments, when allowed 5382 76 QO INDEX TO LABOR LAWS. Section. Page. Awards of commissioner, final unless 5365 71 Awards of compensation subject to revision 5355 67 Claims for compensation 5360 70 Commissioners, appointment and terms of office of 5356 68 Commissioners, powers of 5357 68 Commissioners, board of 5358 69 Compensation begins, when 5348 63 Constitutionality 5390 75 Defenses removed 5359 59 Definitions 5388 7.8 Dependents, defined 5350 64 Digest of decisions 5387 78 Earnings, average weekly, how ascertained 5353 67 Exemption and preference of compensation 5375 74 Failure to observe act 5380 75 Fatal injuries, compensation for 5349 64 Fees, for physicians, attorneys, etc 5374 74 Forms, custody of, by town clerks 5378 74 Hearing of claims 5363 71 Incapacity, partial 5352 65 Incapacity, total 5351 65 Insurance of compensation liability 5369 73 Insurance companies, powers of commission- ers over 5385 77 Insurance Policies, approval of insurance commissioner 5408 82 Award, enforcement 5405 82 Damages for misstatements 5409 82 Defense abolished 5406 82 Definitions 5411 83 Distribution of unallocated liability loss expense payments 5412 83 Experience '. 5413 85 Notice to insurer 5404 81 Reports of insurance companies 5414 85 Reserves 5410 83 Terms of contract 5403 81 Vitiation of policy 5407 - 82 Interstate commerce 5370-71 73 Liability may be waived when 5384 77 Lump sums 5367 72 Medical examinations 5362 70 Medical and surgical care to be provided. . 5347 63 Minors and incompetents, actions for 5373 74 Mutual associations authorized, upon ap- proval of insurance commissioner 5391-92 79 ' Mutual insurance associations, appeals to su- perior court 5402 81 Assessments provided for ...,..; 5399 80 By-laws and regulations of 5401 81 Investments of 5400 80 Membership and control of 5393-94 79 Officers, voting, etc 5396 80 Policies of, concerning 5395 80 Premiums 5398 80 Safety rules 5397 80 INDEX TO LABOR LAWS. 91 Section. Page. Notices, manner of serving >. 5377 74 Obligations not to be evaded ' 5372 74 Payments of compensation ■ 5376 74 Principal employer, liability of 5345 60 Scope 5340 60 Substitute system of compensation 5368-5381 73-76 Third person, liability of 5346 62