city in this State without having obtained a certificate of regis tration as provided by this act, or willfully employing a barber who has not such a certificate, or falsely pretending to be qualified to practice such occupation under this act, or violating any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than twenty dollars.

SEC. 16. The town council of any town in this State is hereby Towns may authorized and empowered to adopt the provisions of this act, and adopt. upon the adoption of this act by any town of this State, within ten days thereafter the town clerk of said town shall file with the secretary of the board of examiners provided for in this act an attested copy of the vote of the town council setting forth the fact that the provisions of said act have been adopted by the town council of said town, and upon the filing of said attested copy, then this act shall be in full force and effect in said town; and when so adopted the word “city," wherever used in this act, shall be construed to mean and include such town, and the words "passage of this act," wherever used in this act, shall be construed to mean and include the adoption of this act by said town.



ARTICLE 9.-Liability of railroad companies for injuries to


of fellow-ser

SECTION 15. Every employee of any railroad corporation' shall Negligence of have the same rights and remedies for any injury suffered by superior; him from the acts or omissions of said corporations or its employees as are allowed by law to other persons not employees, when the injury results from the negligence of a superior agent or officer, or of a person having a right to control or direct the services of a party injured, and also when the injury results from the negligence of a fellow-servant engaged in another department of labor vants in another departfrom that of the party injured, or of a fellow-servant on another ment. train of cars, or one engaged about a different piece of work. Knowledge by any employee injured of the defective or unsafe Knowledge of defective macharacter or condition of any machinery, ways or appliances shall chinery. be no defense to an action for injury caused thereby, except as to conductors or engineers in charge of dangerous or unsafe cars or engines voluntarily operated by them. When death ensues from Injury causany injury to employees, the legal or personal representatives of ing death. the person injured shall have the same right and remedies as are allowed by law to such representatives of other persons. Any contract or agreement, expressed or implied, made by any employee to waive the benefit of this section shall be null and void; and this section shall not be construed to deprive any employee of a corporation, or his legal or personal representative, of any remedy or right that he now has by the law of the land. The general assembly may extend the remedies herein provided for to any other class of employees.

A contract whereby a railroad company beforehand seeks immunity from damages caused by its negligence is not prohibited by this section, but is void as contrary to public policy. 55 S. C. 152.

Under this section a servant may recover of a railroad company for injuries caused by the carelessness of a fellow-servant directing him. 52 S. C. 438.

CODE OF 1902.


CHAPTER 28.-Hours of labor on public roads.

Contract waiving rights.

SECTION 1355. day's work.

ten hours' labor shall be held to be a

Ten hours a day's labor.

CHAPTER 28.-Employers to furnish road overseers with names of employees.

Employers to SECTION 1363 (as amended by act No. 535, Acts of 1902). * report names Said [road] overseer is hereby authorized to demand of any perof employees. son or corporation the name of any and all hands in his, her or its employ; and any person or corporation receiving of such overseer or warner, by him appointed, such demand, failing or refusing to furnish a list containing the names of all male employees, shall be guilty of a misdemeanor, and for every such offense shall be subject to a fine of not less than ten dollars nor more than thirty dollars, or imprisonment in the county jail for not less than ten nor more than thirty days;

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CHAPTER 50.-Accidents on railroads.

SECTION 2071. The railroad commissioners shall investigate the causes of any accident on a railroad resulting in loss of life, and of any accident not so resulting, which, in their judgment, shall require investigation.

CHAPTER 50.-Sunday labor-Railroads.

SECTION 2121. It shall be unlawful for any railroad corporation owning or controlling railroads operating in this State to load or unload, or permit to be loaded or unloaded, or to run or permit to be run, on Sunday, any locomotive, cars or trains of cars moved by steam power, except as hereinafter provided, and except to unload cars loaded with animals.

SEC. 2122 (as amended by act No. 52, Acts of 1903). Said corporations or persons may run on Sundays trains laden exclusively with vegetables and fruits; and on said day, in any and every month, their regular mail trains and such construction trains as may be rendered necessary by extraordinary emergencies other than those incident to freight or passenger traffic, and such freight trains as may be in transit which can reach their destination by six o'clock in the forenoon: Provided, That the railroad commissioners shall have the power (upon proper application made to them for the purpose by the officers of the church or religious denominations in charge of the place where such services are to be held) to authorize and permit the running of trains on any Sunday in the year for the transporting of passengers to and from religious services: Provided, The application for the permit and the authority granted must both be in writing and made a part of the records of said railroad commissioners.

SEC. 2123. Any train running by a schedule in conformity with the provisions of this chapter, but delayed by accident or other unavoidable circumstance, may be run until it reaches the point at which it is usual for it to rest upon a Sunday.

SEC. 2124. For a willful violation of the provisions of the three preceding sections the railroad company so offending shall forfeit to the State five hundred dollars, to be collected in any court of competent jurisdiction.

CHAPTER 50.--Railroads--Brakes and brakemen.

SECTION 2127. Every railroad corporation shall cause a good and sufficient brake to be attached to every car used upon its railroad for the transportation of passengers, and to every car used for the transportation of freight, except four-wheeled freight cars used only for that purpose; and shall cause to be stationed on every passenger train trusty and skillful brakemen, equal in number at least to one for every two cars in the train, except on passenger trains, where power brakes are used, and one such brakeman upon the last car of every freight train, which must always be equipped with a good and sufficient brake.

In the absence of testimony to the contrary the company will be presumed to have complied with this section. 26 S. C. 49.

In order to hold the company liable, the failure to comply must be shown to be the proximate cause of the injury. 27 S. C. 71.

CHAPTER 50.-Accidents on railroads.

Accidents to

SECTION 2137. Every railroad corporation shall cause immediate notice of any accident which may occur on its road, attended with be reported. injury to any person, to be given to a physician most accessible to the place of accident, and shall also give notice, within twentyfour hours, to the railroad commissioners of any such accident, or of any accident falling within a description of accidents of which said commissioners may by general regulation require notice to be given. For each omission to give such notice the corporation shall forfeit a sum not exceeding one hundred dollars.

CHAPTER 50.-Actions for personal injuries—Railroads.


SECTION 2138. Whenever a cause of action shall arise against Judgment a any railroad or street railway corporation for personal injury or injury to property sustained by any person, and such cause of action shall be prosecuted to judgment by the person injured, or his or their legal representatives, said judgment shall relate back to the date when the cause of action arose, and shall be a lien as of that date upon the income, property and franchise of said corporation, enforcible in any court of competent jurisdiction by attachment or levy and sale under execution, and shall take precedence and priority of payment of any mortgage, deed of trust or other security given to secure the payments of bonds made by said railroad or street railway company: Provided, Any action brought Limitation. under this section shall be commenced within twelve months from the time that said injury was sustained.

CHAPTER 57.-Seamen-Boarding houses.


SECTION 2291. It shall not be lawful for any person to keep, Boarding conduct, or carry on, either as owner, proprietor, agent, or other- house to be liwise, any sailors' or immigrants' boarding house, or sailors' or immigrants' hotel, in the city of Charleston, without having a license from the city council thereof.


SEC. 2292. It shall not be lawful for any person, not having the Unlicensed license in this chapter provided, or not being the regular agent, hotels not to runner, or employee of a person having such license, to invite, ask, or solicit, in the city or harbor of Charleston, the boarding or lodging of any of the crew employed on any vessel, or of any immigrant arriving in the said city of Charleston.

SEC. 2296. The said city council shall furnish to each sailors' or Badges furimmigrants' hotel or boarding house keeper licensed by them as nished. aforesaid, one or more badges or shields, on which shall be printed or engraved the name of such hotel or boarding house keeper, and the number and street of his hotel or boarding house; and which said badges or shields shall be surrendered to said city council upon the revocation by them, or expiration of any license granted by them, as herein provided.

SEC. 2297. Any sailors' or immigrants' hotel or boarding house Must be worn. keeper, and every agent, runner, or employee of such hotel or boarding house keeper, when boarding any vessel in the harbor of Charleston, or when inviting or soliciting the boarding or lodging of any seaman, sailor, or person employed on any vessel, or of any immigrant, shall wear, conspicuously displayed, the shield or badge referred to in the foregoing section.


may we ar

SEC. 2298. It shall not be lawful for any person, except those named in the preceding section, to have, wear, exhibit, or display not badge. any such shield or badge to any of the crew employed on any vessel, or to any immigrant so arriving in the city of Charleston, with the intent to invite, ask, or solicit the boarding or lodging of such immigrant, or of any of the crew employed on any vessel being in the harbor of Charleston.

SEC. 2302. The word "vessel," as used in the preceding section, shall include vessels propelled by steam.


Recovery lim

SEC. 2303. It shall not be lawful for any keeper of a public or ited.


lodging house for seamen, at any time, to recover from any seaman any debt exceeding one dollar; and no debt exceeding said sum, incurred by any seaman to any other person, shall be recoverable after he has signed an agreement to proceed on a voyage, until such voyage shall have been concluded.

Detaining SEC. 2304. It shall not be lawful for any keeper of a public or lodging house for seamen to withhold or detain any chest, bed or bedding, clothes, tools, or other effects, of any seaman for any debt alleged to have been contracted by such seaman; and in case any such chest, bed, bedding, clothes, tools, or other effects, as aforesaid, shall be withheld or detained, contrary to this chapter, it shall be lawful for any magistrate, upon complaint, upon oath, to be made by any such seaman, or on his behalf, to inquire into the matter, and, if he shall see fit, by warrant under his hand and seal, to cause any such property or effects so withheld or detained contrary to this chapter, to be seized and delivered over to the

Earnings sep


CHAPTER 82.—Earnings of married women.

SECTION 2666. All the earnings and income of a married women arate property. shall be her own separate estate, and shall be governed by the same provisions of law as apply to her other separate estate.

Wages to be

ents, when.

CHAPTER 83.-Earnings of minors.

SECTION 2694. If any person shall hire or employ any minor, or paid to par- person under the age of twenty-one years, without the knowledge and consent of the parents or guardian of such minor, such person shall pay to the said parents or guardian the full value of the labor of said minor from and after notice from the parents or guardian that payment of such service shall be made to him or them, as the case may be.


Contracts to


CHAPTER 85.-Employment of labor-General provisions.

SECTION 2715. All contracts made between owners of land, their witnessed, agents, administrators, or executors, and laborers, shall be witnessed by one or more disinterested persons, and, at the request of either party, be duly executed before a magistrate, whose duty it shall be to read and explain the same to the parties. Such contracts shall clearly set forth the conditions upon which the laborer or laborers engaged to work, embracing the length of time, the amount of money to be paid, and when; if it be on shares of crops, what portion of the crop or crops.

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This does not prevent a common law contract. 18 S. C. 512.

SEC. 2716. Whenever labor is performed under contract on shares of crop or crops, such crop or crops shall be gathered and divided off before it is removed from the place where it was planted, harvested, or gathered. Such division to be made by a disinterested person, when desired by either party to the contract. And such disinterested party shall be chosen by and with the consent of the contracting parties; whenever the parties fail to agree upon any disinterested party, or, if complaint is made that the division has been unfairly made, within ten days after such division, it shall be the duty of the magistrate residing nearest the place where such crop or crops are planted, harvested, or gathered, to cause, under his immediate supervision, such equitable division as may be stipulated in the contract. Such disinterested party or magistrate shall receive reasonable com pensation for such service, to be paid by both the contracting parties, according to their several interests, except in cases of an attempt to willfully defraud the other by one of the contracting parties; and then such compensation shall be paid by the party so attempting to defraud the other. When such division bas be made, each party shall be free to dispose of their several portions as to him or her or them may seem fitting: Provided,

That if either party be in debt to the other for any obligation incurred under contract, the amount of said indebtedness may be then and there settled and paid by such portion of the share or shares of the party so indebted as may be agreed upon by the parties themselves, or set apart by the magistrate, or any party chosen to divide said crop or crops.

CHAPTER 85.-Payment of wag

SECTION 2717. Unless otherwise provided by special contract, all persons who employ laborers upon plantations or elsewhere by the day, week, month or year shall pay such laborers or employees in lawful money.

Payment in


SEC. 2718. When any corporation carrying on any business in Payment of this State in which laborers are employed, whose wages, under wages due disthe business rules or custom of such corporation, are paid ployees. charged emmonthly on a fixed day beyond the end of the month in which the labor is performed, shall discharge any such laborer, the wages which have been earned by such discharged laborer shall become immediately due and payable.

Scrip, etc., to

SEC. 2719. It shall not be lawful for any corporation, person or firm in this State to issue, pay out or circulate for payment of be negotiable. the wages of labor, any order, check, memorandum, token or evidence of indebtedness, payable in whole or in part otherwise than in lawful money of the United States, unless the same is negotiable and redeemable at its face value, without discount, in cash or in goods, wares or merchandise or supplies, at the option of the holder, at the store or other place of business of such firm, person or corporation, or at the store of any other person on whom such paper may be drawn, where goods, wares or merchandise are kept for sale, sold or exchanged, and the person who, or corporation, firm or company which may issue any such order, check, memorandum, token or other evidence of indebtedness, shall, upon presentation and demand, within thirty days from date of delivery thereof, redeem the same in goods, wares, merchandise or supplies at the current cash market price for like goods, wares, merchandise or supplies, or in lawful money of the United States, as may be demanded by the holder of any such order, memorandum, token or other evidence of indebtedness: Provided, That if said corporation, person or firm engaged Provisos. as specified in this section have a regular pay day once in every thirty days, then said corporation, person or firm shall not be required to redeem such token or evidence of indebtedness in cash until the first pay day after the same becomes payable, as herein provided, and such token or evidence of indebtedness shall be presented for payment in cash only on such pay days: Provided, That the provisions of this section shall not apply to agricultural contracts or advances made for agricultural purposes. This section is constitutional. 47 S. E. Rep. 695.

SEC. 2720. Any officer or agent of any corporation or any per- Penalty. son, firm or company engaged in the business of manufacturing or mining in this State, who by themselves or agent shall issue or circulate in payment for wages of labor any order, check, memorandum, token or evidence of indebtedness, payable in whole or in part otherwise than in lawful money of the United States, without being negotiable and payable at the option of the holder in goods, wares, merchandise, supplies or lawful money of the United States, as required by section 2719 or who shall fail to redeem the same when presented for payment within thirty days from date or [of] delivery thereof, by the said company or its agent, at his or their office or place of business, in lawful money of the United States, or who shall compel or attempt to coerce any employee of any such corporation, shall forfeit to the employee fifty dollars to be recovered in any court of competent jurisdiction.

H. Doc. 733, 58-2--70

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