SEC. 5902. Agent violating law. Any person acting as an officer or agent of any firm, joint stock companies, associations or corporations of any kind and character hereinbefore described, or any one of them who makes or executes any notice, order or threat of the kind hereinbefore forbidden in the next preceding section, shall pay a fine of not more than five hundred dollars, or be imprisoned not more than six months.

ACTS OF 1919

CHAPTER 7808.-Employment of children-School attendance

SECTION 1. Attendance required.—[Children between 7 and 16 years of age are required to attend school "substantially the number of days" the school in the district is in session unless (among other reasons) their services are shown by affidavit to be necessary for the support of a widowed mother or other dependent.]

CHAPTER 7917.-Labor contracts-Intent to defraud

SECTION 1. Misdemeanor.-Any person in this State who shall, with intent to injure and defraud, under and by reason of a contract or promise to perform labor or service, procure or obtain money or other thing of value as a credit, or as advances, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred ($500) dollars or by imprisonment not exceeding six months.

SEC. 2. Evidence.-In all prosecutions for a violation of the foregoing section the failure or refusal, without just cause, to perform such labor or service or to pay for the money or other thing of value so obtained or procured shall be prima facie evidence of the intent to injure and defraud.

ACTS OF 1923

CHAPTER 9146.—Preference of resident laborers, etc., on public works

SECTION 1. Preference directed.-From and after the passage of this act, every official board in the State of Florida, whether of the State, a county or municipality, which may be charged with the duty of erecting or constructing any public administrative or institutional building, shall give preference in the purchase of material and in letting contracts for the construction of such building to material men, contractors, builders, architects, and laborers, who reside within the State of Florida, whenever such material can be purchased or the services of such material men, contractors, builders, architects, and laborers, can be employed at no greater expense than that which would obtain if such purchase was made, or contract let, or such employment given, to a person, firm or corporation residing beyond the limits of the State: Provided, however, That this act in no way prohibits the right of the said official boards to compare quality of materials proposed for purchase and to compare qualifications, character, responsibility and fitness of material men, contractors, builders, and architects proposed for employment in their consideration of the purchase of materials or employment of persons, firms, and corporations.

GEORGIA

CODE OF 1910

CIVIL CODE

Payment of wages in scrip

SECTION 2235. Checks, etc., to be redeemed in cash.-Any corporation or person doing business of any kind in this State, who shall issue checks or written evidences of indebtedness for the wages of laborers, shall redeem at full value, in cash, such written evidences of indebtedness, on demand and presentation to the proper person on the regular monthly pay day, and if there be no regular monthly pay day, then upon demand and presentation on any regular business day after thirty days from the issuance thereof; and for every failure to redeem such evidences of indebtedness, said corporation or person shall be liable to the owner thereof in the sum of ten dollars, to be recovered by suit, unless said corporation or person shall, upon the trial, prove insolvency or actual inability to redeem at the time of demand and preSe Litation.

Railroads Telegraph operators-Engineers

SECTION 2690. Age limit of operators.-No railroad company shall employ in this State any telegraph operator to receive and transmit dispatches governing the movement of trains, who is less than eighteen years of age, and who has Lot had at least one year's experience as a telegraph operator, and who has not stood a thorough examination before the railroad superintendent or train Ster, and received a certificate of his competency from such officer. A written record of said certificate shall be kept in the office of the officer issuing it, and be subject to inspection at any time.

SEC. 2691. Penalty.-Any railroad company violating the requirements of the preceding section shall forfeit for each offense not less than fifty dollars, and not more than five hundred dollars. * *

SEC. 2696. Engineers to be experienced.-No railway company operating trains in this State shall have employed or allow in charge of one of its locomotives in this State, as a locomotive engineer (except such engines used in yard service), any person who shall not have had as much as three years' actual bona fide experience as a fireman or engineer on a railway locomotive, or who shall not have served an apprenticeship of four years in a regular railroad machine shop, and have had in addition thereto one year bona fide experience as a locomotive fireman.

Railroads-Strikes

SECTION 2737. Liability of carriers.-Where a carrier receives freight for shipment, it is bound to forward within a reasonable time, although its employees strike or cease to work; but if the strike is accompanied with violence and intimidation so as to render it unsafe to forward the freight, the carrier is relieved as to liability for delay in delivering the freight, if the violence and armed resistance is of such character as could not be overcome by the carrier or controlled by the civil authorities when called upon by it.

Liability of railroad companies for injuries to employees

SECTION 2751. Measure of liability.-Railroad companies are common carriers, and liable as such. As such companies necessarily have many employees who can not possibly control those who should exercise care and diligence in the running of trains, such companies shall be liable to such employees as to passengers for injuries arising from the want of such care and diligence. Though this statute imposes on railroad companies a different rule of liability from that applied to other classes of employers, it is not unconstitutional. 54 Ga. 509. A company is responsible even though others may be using its franchise. 49 Ga. 355. Employment and injury need not be immediately connected with the running of trains.

$5 Ga. 301.

SEC. 2782. Liability declared.-Every common carrier by railroad shall be liable in damages to any person suffering injury while he is employed by such carrier, or, in case of death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband, or child, or children of such employee, and if none, then of such employee's parents; and if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defects or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment: Provided, nevertheless, No recovery shall be had hereunder if the person killed or injured brought about his death or injury by is own carelessness amounting to a failure to exercise ordinary care; or if he, by the exercise of ordinary care, could have avoided the consequences of the defendant's negligence. The measure of damage in case the injury results in death of the employee shall be that prescribed in sections 4424 and 4425: Provided, That the party or parties for whose benefit recovery may be had under this and the five succeeding sections may sue and recover in their own name or names in the manner prescribed by section 4424, in case no administrator or executor has been appointed at the time suit is filed. In case death results from injury to the employee, the employer shall be liable unless it make it appear that it, its agents, and employees have exercised all ordinary and reasonable care and diligence, the presumption being in all cases against the employer. If death does not result from the injury, the presumptions of negligence shall be and remain as now provided by law in case of injury received by an employee in the service of a railroad company.

SEC. 2783. Contributory negligence.—In all actions hereafter brought against any such common carrier by railroad, under or by virtue of any of the provisions of this, the preceding, or the four succeeding sections; to recover damages for personal injuries to an employee, or where such injuries have resulted in death, the fact that the employee may have been guilty of contributory negligence, not amounting to a failure to exercise ordinary care, shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee: Provided, That no such employee who may be injured, or killed, shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.

SEC. 2784. Risk not assumed, when.-In any action brought against any common carrier under and by virtue of any of the provisions of the two preceding sections, to recover damages for injuries to or the death of any of its employees, such employee shall not be held to have assumed the risks of his employment in any case where the violation by such common carrier of any statute enacted for the safety of the employees contributed to the injury or death of such employee.

SEC. 2785. Contracts of exemption.-Any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by the three preceding sections, shall, to that extent, be void: Provided, That in any action brought against any such common carrier, under or by virtue of any of said sections, such common carrier may set off therein any sum it has contributed or paid to any insurance, relief, benefit, or indemnity that may have been paid to the injured employee, or, in the event of death, to the person or persons entitled thereto on account of the injury or death for which said action is brought.

SEC. 2786. Limitation.-No action shall be maintained under the four preceding sections, unless commenced within two years from the day the cause of action accrued.

SEC. 2787. Definition.-The term "common carrier," as used in the preceding section [s], shall include the receiver or receivers or other person or corporation charged with the duty of the management and operation of the business of a common carrier.

SEC. 2788. Measure of liability of receivers.-The liability of receivers, trustees, assignees, and other like officers operating railroads in this State, or partially in this State, for injuries and damages to persons in their employ, caused by the negligence of coemployees, or for injuries or damages to personal property, shall be the same as the liability now fixed by the law governing the operation of railroad corporations in this State for like injuries and damages; and a lien is hereby created on the gross income of any such railroad while in

the hands of any such receiver, trustee, or assignee, or other person, in favor of such injured employees, or plaintiff, superior to all other liens against defendant under the laws of this State.

Wages as preferred claims-Railroad employees

SECTION 2793. Enforcement of mortgages.-[Wages of railroad employees are a first lien on the property of the company, superior to mortgages or other contract liens, in an amount not exceeding $500 for each employee.]

SEC. 2794. Receiverships.—[Wage debts as above must be first paid out of any funds available or becoming available in the hands of the court or trustee in cases of receivership.]

SEC. 2797. Current wages.-[The receiver operating a railroad under an order or decree of any court must apply the income to necessary expenses of carrying on the business, which shall include the wages of employees.]

Liability of employers for injuries to employees

SECTION 3129. Negligence of fellow servants.-Except in case of railroad companies, the master is not liable to one servant for injuries arising from the Degligence or misconduct of other servants about the same business.

SEC. 3130. Duty of employer.-The master is bound to exercise ordinary care in the selection of servants, and not to retain them after knowledge of incompetency; he must use like care in furnishing machinery equal in kind to that in general use, and reasonably safe for all persons who operate it with ordinary care and diligence. If there are latent defects in machinery, or dangers incident to an employment, unknown to the servant, of which the master knows or ought to know, he must give the servant warning in respect thereto.

SEC. 3131. Assumption of risk.-A servant assumes the ordinary risks of his employment, and is bound to exercise his own skill and diligence to protect himself. In suits for injuries arising from the negligence of the master in failing to comply with the duties imposed by the preceding section, it must appear that the master knew or ought to have known of the incompetency of the other servant, or of the defects or danger in the machinery supplied; and it must also appear that the servant injured did not know and had not equal means of knowing such fact, and by the exercise of ordinary care could not have known thereof.

Negligence is not imputed where an employee, from pressure of duties, forgets obstructions of which he had knowledge, and is injured thereby. 58 S. E. 252.

SEC. 3132. Contracts waiving liability.—All contracts between master and servant made in consideration of employment, whereby the master is exempted from liability to the servant arising from the negligence of the master or his servants, as such liability is now fixed by law, shall be null and void, as against public policy.

A servant's widow suing for his homicide occasioned by the negligence of a fellow Servant must show that it was criminal, unless the principal be a railroad or a druggist. 70 Ga. 434.

Contracts of employment

SECTION 3133. Term.-That wages are payable at a stipulated period raises the presumption that the hiring is for such period; but if anything in the contract shows that the hiring was for a longer term, the mere reservation of wages for a lesser time will not control. An indefinite hiring may be terminated at will by either party.

Payment of wages due deceased employees

SECTION 3134 (as amended 1915, p. 21). What sum may be paid widow, etc.-It shall be lawful upon the death of any person employed by any railroad company or other corporation doing business in this State, who may have wages due him by said railroad company or other corporation, and who shall leave surviving him a widow or minor child or children, to pay all of said wages, when they do not exceed three hundred dollars, and in case such wages exceed three hundred dollars, to pay the sum of three hundred dollars thereof to the surviving widow of such employee, and in case he has no surviving widow, but leaves surviving a minor child or children, then said sum shall be '

paid to said minor child or children without any administraton upon the estate of said employee; and said fund to the amount of three hundred dollars, after the death of said employee, is hereby exempt from any and all process of garnishment.

SEC. 3135. Payment required.-It shall be the duty of such railroad company, or other corporation, to pay over said fund on the demand of the widow, and in case there be no surviving widow, then on the demand of the minor child or children, or the guardian thereof.

SEC. 3136. Payment is release. The paying over of the fund under the preceding sections shall operate as a release from all claims against said fund or railroad company or corporation by the estate of said employee or creditors thereof, or the claims of the widow or minor child or children, or the guardian thereof.

Hours of labor in factories, etc.-Employment of children

SECTION 3137 (as amended 1911, p. 65). Ten-hour day.-The hours of labor required of all persons employed in cotton or woolen manufacturing establishments in this State, except engineers, firemen, watchmen, mechanics, teamsters, yard employees, clerical force, and all help that may be needed to clean up and make necessary repairs or changes in or of machinery, shall not exceed ten hours per day, or the same may be regulated by employers so that the number of hours shall not in aggregate exceed sixty hours per week: Provided, That nothing herein contained shall be construed to prevent any of the aforesaid employees from working such time as may be necessary to make up lost time not to exceed ten days caused by accidents or other unavoidable circumstances.

SEC. 3138. Contracts for longer day.-All contracts made or entered into, whereby a longer time for labor than is provided in the foregoing section shall be required of said employees, shall be absolutely null and void so far as the same relates to the enforcement of said contracts with said employees, any law, usage, or custom to the contrary notwithstanding.

SEC. 3139. Penalty.-Any cotton or woolen manufacturing establishment that shall make or enforce any contract in violation of the foregoing section, with any person as an employee therein, shall be subject to a forfeiture of an amount not less than twenty and not more than five hundred dollars for each and every such violation.

SEC. 3140. Who may sue.-Any person with whom said contract is made, or any person having knowledge thereof, shall be competent to institute suit against said cotton or woolen manufacturing establishment;

SEC. 3141. Hours of labor of minors.-The hours of labor by all persons under twenty-one years of age, in all other manufacturing establishments or machine shops in this State, shall be from sunrise until sunset, the usual and customary times for meals being allowed from the same; and any contract made with such persons or their parents, guardians, or others, whereby a longer time for labor is agreed upon or provided for, shall be null and void, so far as relates to the enforcement of said contracts against such laborers.

Employment of children-Corporal punishment forbidden.

SECTION 3142. Punishment of minors.-No boss or other superior in any manufacturing establishment shall inflict corporeal [corporal] punishment upon minor laborers; and the owners of such factory or machine shop shall be directly liable for all such conduct on the part of their employees; and such minor may sue in his own name for damages for such conduct, and the recovery shall be his own property, and not belong to his parents.

Seats for female employees

SECTION 3150. Seats to be provided. All persons and corporations employing females in manufacturing, mechanical, or mercantile establishments must provide suitable seats, and permit their use by such females when not necessarily engaged in the active duties for which they were employed.

Fire escapes on factories, etc.

SECTIONS 3151, 3152, 3154. Requirements; inspections.-[Owners of buildings more than two stories in height, the third and higher stories of which are used