Contracts.

Penalty.

Not to apply in certain cases.

Repeal.

Compensation of certain public employees for injuries, etc.

upon the other working days of the week may be increased sufficiently to make a total of forty-eight hours for the week's work. Threat of loss of employment or to obstruct or prevent the obtaining of employment or to refrain from employing in the future, shall each be considered to be "requiring" within the meaning of this section. Engineers shall be regarded as mechanics within the meaning of this act.

SECTION 2. Every contract, excluding contracts for the purchase of material or supplies, to which the commonwealth or any county therein or any city or town which has accepted the provisions of section twenty of chapter one hundred and six of the Revised Laws, is a party which may involve the employment of laborers, workmen or mechanics shall contain a stipulation that no laborer, workman or mechanic working within this commonwealth, in the employ of the contractor, sub-contractor or other person doing or contracting to do the whole or a part of the work contemplated by the contractor shall be requested or required to work more than eight hours in any one calendar day, and every such contract which does not contain this stipulation shall be null and void.

SECTION 3. Any agent or official of the commonwealth or of any county therein or of any city or town or any contractor or sub-contractor or any agent or person acting on behalf of any contractor or sub-contractor who violates any provision of this act shall be punished by a fine not exceeding one thousand dollars or by imprisonment for six months or both such fine and imprisonment for each offence.

SECTION 4. This act shall not apply to the preparation, printing, shipment and delivery of ballots to be used at a caucus, primary, state, city, or town election, nor during the sessions of the general court to persons employed in legislative printing or binding; nor shall it apply at any time to persons employed in any state, county or municipal institution, on a farm, or in the care of the grounds, in the stable, in the domestic or kitchen and dining-room service or in store rooms and offices.

SECTION 5. All acts and parts of acts inconsistent herewith are hereby repealed. [Approved May 27, 1911.

Acts of 1913, Chapter 807.

An Act to provide for Compensating Certain Public Employees for Injuries sustained in the Course of their Employment. SECTION 1. The commonwealth shall and any county, city, town, or district having the power of taxation, may pay the compensation provided by Part II of chapter seven hundred and fifty-one

of the acts of the year nineteen hundred and eleven and acts in amendment thereof and in addition thereto to such laborers, workmen and mechanics employed by it as receive injuries arising out of and in the course of their employment, or, in case of death resulting from any such injury, may pay compensation as provided in sections six, seven and eight of said Part II, and in any amendments thereof, to the persons thereto entitled.

jurisdiction,

SECTION 2. Procedure under this act and the jurisdiction of the Procedure and industrial accident board shall be the same as under the provisions etc. of said chapter seven hundred and fifty-one, and the commonwealth or a county, city, town or district which accepts the provisions of this act shall have the same rights in proceedings under said chapter as the association thereby created. The treasurer and receiver general, or the treasurer or officer having similar duties of a county, city, town or district which accepts the provisions of this act, shall pay any compensation awarded for injury to any person in its employment upon proper vouchers without any further authority.

mitted to voters

etc.

SECTION 3. Counties, cities, towns, and districts having the Act to be subpower of taxation, may accept the provisions of this act by vote for acceptance, of a majority of those legal voters who vote on the question of its acceptance at an annual meeting or election as hereinafter provided. In towns and districts which have an annual meeting of the legal voters, this act shall be submitted for acceptance to the voters of the town or district at the next annual meeting after its passage. In cities, and in towns which do not have annual meetings, this act shall be submitted to the voters at the next municipal election, and in counties and in districts which do not have an annual meeting, at the next state election after its passage. At every such election, and at every annual meeting where ballots are used, the following question shall be printed on the ballot: "Shall chapter of the acts of nineteen hundred and thirteen, being an act to provide for compensating laborers, workmen and mechanics for injuries sustained in public employment, and to exempt from legal liability counties and municipal corporations which pay such compensation, be accepted by the inhabitants of this (county, city. town, water district, fire district, etc.) of

?"

YES.

NO.

The vote shall be canvassed by the county commissioners, city council or commission, or selectmen, or, in the case of a district, by the district commissioners or other governing board of the district. A notice stating the result of the vote shall be posted in the county court house, or city or town hall, or, in the case of a district, in the public building where the employees of the dis

Question to be printed upon ballot.

Liability for injuries.

Waiver of right of action, etc.

Persons not to receive both pension and

compensation

etc.

trict are paid. Except as provided in section four, a county, city, town or district which accepts the provisions of this act shall not be liable in any action for a personal injury sustained by a laborer, workman or mechanic in the course of his employment by such county, city, town or district, or for death resulting from such injury.

SECTION 4. A laborer, workman or mechanic entering or remaining in the service of a county, city, town or district, who would, if injured, have a right of action against the county, city, town or district by existing law, may, if the county, city, town or district has accepted the provisions of this act, before he enters its service, or accepts them afterward, claim or waive his right of action as provided in section five of Part I of said chapter seven hundred and fifty-one, and shall be deemed to have waived such right of action unless he claims it. Section four of said Part I shall apply to actions by laborers, workmen or mechanics employed by a county, city, town or district which accepts the provisions of this act.

SECTION 5. Any person entitled to receive from the commonwealth or from a county, city, town or district the compensation for same injury, provided by Part II of said chapter seven hundred and fifty-one, who is also entitled to a pension by reason of the same injury, shall elect whether he will receive such compensation or such pension, and shall not receive both. In case a person entitled to such compensation from the commonwealth or from a county, city, town or district receives by special act a pension for the same injury, he shall forfeit all claim for compensation, and any compensation received by him or paid by the commonwealth or by the county, city, town or district which employs him for medical or hospital services rendered to him may be recovered back in an action at law. No further payment shall be awarded by vote or otherwise to any person who has claimed and received compensation under this act.

To whom this act shall apply.

To whom 1911,

751, etc., shall not apply.

SECTION 6. This act shall apply to all laborers, workmen and mechanics in the service of the commonwealth or of a county, city or town, or district having the power of taxation, under any employment or contract of hire, expressed or implied, oral or written, including those employed in work done in performance of governmental duties as well as those employed in municipal enterprises conducted for gain or profit. For the purposes of this act all laborers, workmen and mechanics paid by the commonwealth, but serving under boards or commissions exercising powers within defined districts, shall be deemed to be in the service of the commonwealth.

SECTION 7. The provisions of chapter seven hundred and fiftyone of the acts of the year nineteen hundred and eleven, and acts

in amendment thereof and in addition thereto shall not apply to any persons other than laborers, workmen and mechanics employed by counties, cities, towns or districts having the power of taxation.

SECTION 8. This act shall take effect upon its passage. [Approved June 16, 1913.

Acts of 1913, Chapter 822.

An Act to provide for a Referendum relative to an Eight-hour Day for City and Town Employees.

eight-hour day

to be submitted

town employees

to voters for

acceptance.

SECTION 1. In every city and town which has not formally ac- Question as to cepted the provisions of section twenty of chapter one hundred for city and and six of the Revised Laws, or of section forty-two of chapter five hundred and fourteen of the acts of the year nineteen hundred and nine, as affected by chapter four hundred and ninety-four of the acts of the year nineteen hundred and eleven, there shall be submitted to the voters at the next annual municipal election the following question, to be printed on the ballot: "Shall this city (or town) accept the provisions of section forty-two of chapter five hundred and fourteen of the acts of the year nineteen hundred and nine, as affected by chapter four hundred and ninety-four of the acts of the year nineteen hundred and eleven, which provides that eight hours shall constitute a day's work for city or town employees?" If a majority of the voters voting thereon in any such city or town vote in the affirmative, the said section forty-two and the said chapter four hundred and ninety-four shall thereupon take effect in such city or town.

May be resubaccepted, etc.

mitted if not

SECTION 2. If the voters of a city or town do not accept the provisions aforesaid the question shall again be submitted to the voters in the second year thereafter or in any second year after failure to accept said provisions by the voters: provided, that a petition signed Proviso. by voters equal in number to at least twenty-five per cent of the last preceding vote cast in the city or town for all candidates for governor of the commonwealth be presented to the clerk of the city or town twenty days at least before the day for voting on the question aforesaid, which day shall be the city or town election day. It Duties of town shall be the duty of the clerk of the city or town to examine the petition and certify to the correctness of the names and the number of the petitioners, and to provide for the submission of the question to the voters upon the city or town election day as aforesaid.

SECTION 3. This act shall take effect upon its passage. [Approved June 16, 1913.

clerk.

Vacations may be granted to laborers employed by cities and towns.

Act to be submitted to

voters.

Acts of 1914, Chapter 217.

An Act relative to Vacations of Laborers employed by Cities and
Towns.

SECTION 1. All persons classified as laborers, or doing the work of laborers, and regularly employed by cities or towns for more than one year, shall be granted a vacation of not less than two weeks during each year of their employment, without loss of pay.

SECTION 2. This act shall be submitted to the voters of each of the cities and towns of the commonwealth at the next annual state election for their acceptance or rejection, and shall take effect in any city or town upon its acceptance by a majority of the voters voting thereon in the affirmative. [Approved March 23, 1914.