shall be construed to repeal any law now on the statute book. [G. S. 1915, § 5883.] § 546. Maker of such time-check, due-bill, etc., liable for double the amount with attorney fee for failure to redeem same in money. In the event the maker of any time-check, due-bill or orders for merchandise issued in payment of wages for labor shall refuse to redeem and pay the same in lawful money of the United States, and the holder thereof brings an action to recover thereon, said maker shall be liable for double the amount of said time-check, due-bill or order for merchandise to the holder thereof, together with a reasonable attorney fee, to be recovered in such action. [G. S. 1915, § 5884.] LAWS OF 1917, CH. 229. AN ACT to compel the payment in lawful money of the United States of all time checks, due bills, script, orders, or orders for merchandise issued in payment of wages for labor. § 547. Due bill, script, order for merchandise, etc., issued in exchange for all or any part of a time check, due bill, script, order for merchandise, etc., issued in payment of wages shall be payable in money; exception when proper due date plainly stated. Any due bill, script, order or orders for merchandise issued by any person, firm or corporation to any person in exchange for all or any part of a time check, due bill, script, order or orders for merchandise issued by any person, firm, or corporation to any one in their or its employ in payment of wages for labor shall, at the option of the holder, be payable on demand in lawful money of the United States unless the due date shall be plainly and specifically stated thereon, which said due date shall not be more than fifteen days after date. [Laws 1917, ch. 229, § 1; May 26.] § 548. Penalty for violation of preceding section by any person, firm or corporation. Any person, firm, or corporation violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum of not less than $500 nor more than $1000 for each offense. [Laws 1917, ch. 229, § 2; May 26.] ARTICLE 9.-Time for Bringing Actions for Wages. $549. Time for bringing action upon an agreement, contract or promise in writing; contract, not in writing, express or implied, etc. PART OF LAWS OF 1909, CH. 182. § 549. Time for bringing action upon an agreement, contract or promise in writing; contract, not in writing, express or implied, etc. Civil actions, other than for the recovery of real property, can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards: First. Within five years: An action upon any agreement, contract or promise in writing. Second. Within three years: An action upon contract, not in writing, express or implied; an action upon a liability created by statute, other than a forfeiture or penalty. First clause: Five-year limitation applicable to action on promissory note. Robertson v. Tarry, 83 K. 716. Brooks v. Campbell, Second clause: Statute of limitation not tolled by action of one partner. 97 K. 208. Cases construing former act containing similar provisions: Limitation period does not run while suit is pending. Kothman v. Skaggs, 29 K. 5. Limitation period ineffective against state unless expressly provided in statute. The State v. School district, 34 K. 237. First clause: Bar of statute may be removed by unqualified written admission. 2 K. A. 587. Dezell v. Thayer, Where demand is necessary, statute runs from date of demand. Stevens County v. Tandler, 9 K. A. 761. The word "contract" herein does not include a judgment. Burnes v. Simpson, 9. K. 658. Statute may be waived by express agreement in writing. 68 K. 432. Second clause: Mead v. Insurance Co., Right of action on implied contract barred after three years. Comm'rs of Clay Co. v. Streeter, 2 K. A. 498; Seibert v. Baxter, 36 K. 189. Clause applicable to action against stockholder of insolvent corporation. Fox v. Bank, 9 K. A. 18. Action to enforce lien for fine barred after three years. The State v. Pfefferle, 33 K. 718. Clause applicable to action upon liability created by statute. Durein v. Pontious, 34 K. 353. ARTICLE 10.-Weekly Payment in Lawful Money by Certain AN ACT providing for the weekly payment of wages in lawful money of the United States by certain corporations, and providing a penalty for the violation thereof. § 550. Private corporations to pay wages in lawful money of the United States, and not later than Friday of the following week; certain corporations excepted. All private corporations doing business within this state, except all steam surface railways and except corporations engaged in the production of farm and dairy products, shall pay to their employees the wages earned each and every week in lawful money of the United States, and all such wages shall be due and payable and shall be paid by such corporations not later than Friday of each week for all such wages earned the preceding week. [G. S. 1915, § 5873.] The constitutionality of this act was questioned in a suit brought in the district court of Sedgwick county. The employee had accepted a payment before the suit was brought. The district court gave judgment for the employer on the theory that the act was unconstitutional and void. On an appeal to the state supreme court it was held that the employee had concluded the matter by accepting payment, as such acceptance was held to be a waiver of the right to penalties, etc. The decision of the district court was affirmed on that ground, without passing upon the constitutionality of the act. Howell v. Machine Co., 86 K. 537. § 551. Penalty for failure to pay employees as provided in preceding section; penalty due to employees. Whenever such corporation fails to pay any of their employees, as provided in section 1 of this act, then a penalty shall attach to such corporation and become due to such em ployees, as follows: A sum equivalent to a penalty of five per cent per month as liquidated damages; and such penalty shall attach and become a judgment in any court of competent jurisdiction, and the penalty shall continue in full force and effect, including all the time intervening up to time of final payment. [G. S. 1915, § 5874.] "Section 1 of this act," mentioned herein, is § 550, supra. Concerning constitutionality of act, see note to foregoing section. § 552. Wages become due and payable as provided in preceding section when employee discharged. Whenever any employee is discharged from the employ of any such corporation, then the wages of such employee shall become due and payable in the same manner as heretofore described in section two. [G. S. 1915, § 5875.] "Section two," mentioned herein, is $ 551, supra. § 553. Time within which employee may recover such penalties. Any employee may recover all such penalties that may, by violations of sections two and three of this act, have accrued to him at any time within six months succeeding such default or delay in the payment of such wages. [G. S. 1915, § 5876.] § 554. Contract or agreement violating or evading provisions of this act unlawful and void. Any contract or agreement made between any such corporation and any parties in its employ, whose provisions shall be in violation, evasion or circumvention of this act, shall be unlawful and void in its effects as to such corporations. [G. S. 1915, § 5877.] § 555. Wages of employees of contractor doing work for such corporation payable as herein provided; liability of corporation to employees of such contractor. Whenever any such corporation shall contract any or all its work to any contractor, then it shall become the duty of such corporation to provide that the employees of such corporation or contractor shall be paid according to the provisions of this act, and such corporation shall become responsible and liable to the employees of such contractor in the same manner as if said employees were employed by such corporation. [G. S. 1915, § 5878.] § 556. Attorney fee taxed and collected as part of judgment when necessary for employee to bring suit for wages due as provided in this act. Whenever it shall become necessary for employees to enter or maintain a suit at law for the recovery or collection of wages due as provided by this act, then such judgment shall include a reasonable attorney fee, to be taxed as part of the costs in the case, and collected under the same provisions of law as such judgment. [G. S. 1915, § 5879.] 13-Labor-1725. CHAPTER 44.-WORKMEN'S COMPENSATION ACT. (Annotated to April 1, 1918.) $557. Employer liable to pay compensation for personal injury to employee in accordance with this act; cases in which employer shall not be liable under this act. 558. Act not to affect liability of employer or employee to fine or penalty. 559. Principal liable for compensation under this act to workmen of contractor under such principal; principal entitled to indemnity; workman may recover from contractor instead of from principal; accidents to which section shall not apply; principal contractor may implead, subcontractor; principal contractor paying compensation may recover from subcontractor. 560. Remedies of workman against employer and other person liable for injury; workman not entitled to recover both damages and compensation; person paying compensation entitled to damages against person liable for injury. 561. Employment to which this act shall apply; employments determined to be especially dangerous; rights saved which accrued before publication of act; agricultural pursuits exempted; other employers may elect to come within provi sions of act; written statement; employees of such employers within act unless election not to come within act filed. 562. Act not to apply to business or employments engaged in interstate commerce or to persons injured while so engaged. 563. Employers to whom act shall apply; number of employees; other employers may elect to come within act; all mines within provisions of act. 564. Definitions of words and phrases used in this act: "railway,' "factory," "mine," "quarry," "electrical work,' "building work," "engineering work,' "employer," "workman,' "dependents,' "members of a family," and "arising out of and in the course of employment." 565. Guardian of workman mentally incompetent or a minor, or guardian of his dependent who is mentally incompetent or a minor may exercise right, privilege or election accruing under act; no limitation shall run when such person has no guardian. 566. Amount of compensation to which workman shall be entitled under this act; treatment and care of injured employees; compensation where death results from injury; compensation where death does not result from the injury; permanent loss of use of hand, arm, etc., considered as equivalent of loss of such hand, arm, etc.; compensation exclusive of other remedies or causes of action. $567. Rules to be observed in computing average annual earnings of a workman; credit to employer for amounts paid prior to award or judgment; average earnings as basis for compensation for later injury after previous disability. 568. Payments to be made in same manner as wages were payable; modification of such regulation by judge of district court. 569. Payment of compensation to dependents; when employer shall be discharged; distribution of such compensation among dependents; distribution of medical and funeral expenses where there are no dependents. 570. Claim for compensation, or compensation agreed upon, awarded, etc., not assignable or subject to levy, execution, attachment, garnishment, etc.; exemption cannot be waived. 571. Medical examination of employee by physician or surgeon selected by employer; either party may require report of physician or surgeon selected by the other party; fee; employee entitled to have physician or surgeon present; physician selected by employer not allowed to give evidence of condition unless opportunity given for physician selected by employee to participate in examination; testimony of physician. 572. Employment of neutral physician to make examination of injured person; expenses; petition. 573. Physician or surgeon of employer or employee not permitted to give evidence unless opportunity given to other party to have physician or surgeon make examination. 574. Refusal of employee to submit to medical examination; employee or physician or surgeon obstructing examination; employee's right to compensation suspended during such period. 575. Report of examination of employee by physician or surgeon or certificate issued not competent evidence unless supported by testimony of such physician or surgeon; report or certificate inadmissible when testimony inadmissible. 576. Proceedings for recovery of compensation under act not maintainable unless written notice served on employer; matters to be stated in such notice; claim for compensation required; service of notice; effect of want of or defect in notice or service; incapacity of employee. $577. Compensation settled by agreement. 578. Settlement of compensation by com mittee representative of employer and workman if neither party objects; power of committee to adopt rules; settlement by single arbitrator; appointment of arbitrator; consent to arbitration to be in writing; questions referred; findings that may be required by either party. 579. Procedure before committee or arbitrator; making and filing of award; notice of filing; extension of time for filing award; order of court to compel committee or arbitrator to file award. 580. Fees of arbitrator; amount of such fees when not fixed by agreement; taxing of costs and fees of arbitrator; amount taxed to em ployer added to first payment; lien of arbitrator on first payments due under award. 581. Award to be in writing, signed, and acknowledged; award to specify amount due and unpaid by the employer to the workman; payments to be provided for; lump sum; credit for previous pay ments. 582. Modification of award by subsequent written agreement; agreement not valid unless filed by employer within sixty days. 583. Employer entitled to final receipt upon final payment; final receipt or release of liability to be filed by employer within sixty days; receipt or release void if not filed; clerk of district court to accept, receipt for, and file every award, agreement, final receipt, etc., copy thereof, without fee; recording and indexing; county commissioners to furnish records and books. 584. Review of award, etc., by judge of or district court before final payment made; application for review; appointment of physicians and surgeons to make examination and report; other evidence; grounds for modification of award; grounds for cancellation of award; awards to which section not applicable. 585. Lump sum judgment equal to 80 per cent of amount of payments due and unpaid; application for judgment; notice; hearing by court; ground for making application; judgment; execution not to issue if bond given and payments continued according to original award. 586. Stay of proceedings by employer on application of workman for judg ment under preceding section; filing of certificate of insurance company, etc., that amount of compensation is insured by it; bond to secure payment of compensation; approval of certificate or bond by district judge. 587. Redemption of award by employer after payments made for six months; amount of lump sum to be paid; determination of amount by agreement; application to judge of district court; notice; employer discharged from further liability. $588. Insurer subrogated to rights and duties of employer where payment of compensation to workman is insured at expense of employer. 589. Construction of references in this act to district court having jurisdiction of civil action between the parties; court to make necessary rules. 590. Workman's right to compensation determined and enforced by action; consent to arbitration; right to jury deemed waived unless demanded; judgment for lump sum or periodical payments; review of judgment after six months; action where death results from injury; distribution of compensation; action to set aside release joined with action for compensation; action not to be brought outside the state; notice by publication. 591. Cause of action deemed accrued at time of accident; time within which action must be brought shall run from such date. 592. Claim of attorney at law for services not enforceable lien unless services performed under contract in writing; approval of contract by judge of district court; submission of matter to judge; notice. 593. Employer may contract with workman for substitution of scheme of compensation, benefit or insurance for provisions of this act; certificate of superintendent of insurance with written approval of attorney-general required; employer liable only in accordance with such scheme. 594. Scheme not to be certified unless provisions made for distribution of moneys or securities when scheme terminated. 595. Revocation of certificate and termination of such scheme by superintendent of insurance by and with attorney-general; causes for such revocation. 596. Employer to answer inquiries and furnish accounts to superintendent where certified scheme in effect. 597. Superintendent of insurance may make rules and regulations to carry out the four preceding sections. 598. Employers entitled to come within provisions of act deemed to have done so unless written statement filed with secretary of state; exception as to certain employers: change of election by filing written declaration; notice of election to be posted. 599. Employee entitled to come within provisions of act deemed to have done so unless written declaration of election not to accept filed with secretary of state and duplicate with employer before injury; |