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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;

CHAPTER 50.—Accidents on railroads. Investigation SECTION 2071. The railroad commissioners shall investigate the of accidents.

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. Running SECTION 2121. It shall be unlawful for any railroad corporation tralns, etc. 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. Perishable Sec. 2122 (as amended by act No. 52, Acts of 1903). Said corfreight.

porations 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 Excurslong. six o'clock in the forenoon: Provided, That the railroad commis

sioners 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. Accidental SEC. 2123. Any train running by a schedule in conformity with delay.

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. Penalty. 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. Brakes SECTION 2127. Every railroad corporation shall cause a good quired.

and sufficient brake to be attached to every car used upon its rail. road 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 Brakemen. erery passenger train trusty and skillful brakemen, equal in num

ber 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.

re

CHAPTER 50.--Accidents on railroads. SECTION 2137. Every railroad corporation shall cause immediate Accidents to 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 injuriesRailroads.

SECTION 2138. Whenever a cause of action shall arise against Judgment a any railroad or street railway corporation for personal injury or

lien. 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 ll. wise, any sailors' or immigrants' boarding house, or sailors' or

censed. 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,

solicit. 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 boa rding 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.

SEC. 2298. It shall not be lawful for any person, except those Who may named in the preceding section, to have, wear, exhibit, or display not any such shield or badge to any of the crew employed on any ves

badge. sel, 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,

Definition. shall include vessels propelled by steam.

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

wear

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 chest.

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 seaman.

CHAPTER 82.-Earnings of married women.

Earnings sep- 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.

to

CHAPTER 83.-Earnings of minors. Wages to be SECTION 2694. If any person shall hire or employ any minor, or paid

par- person under the age of twenty-one years, without the knowledge ents, when

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.

CHAPTER 85.--Employment of labor-General provisions.

Contracts to SECTION 2715. All contracts made between owners of land, their be witnessed, agents, administrators, or executors, and laborers, shall be wit

nessed 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.

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

of

SEC. 2716. Whenever labor is performed under contract on crops.

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 compensation 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 has be made, each party shall be free to dispose of their several portions as to him or her or them may seem fitting: Provided,

Proviso.

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 Payment in persons who employ laborers upon plantations or elsewhere by

money. the day, week, month or year shall pay such laborers or employees in lawful money.

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.

Sec. 2719. It shall not be lawful for any corporation, person or Scrip, etc., to 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

reme

CHAPTER 92.-Rights and remedies of employees on street

railways. What

SECTION 2848. Every employee of any street railway doing dies apply. business in this State shall have the same rights and remedies

for an injury suffered by any person from the acts or omission
of said corporation, or its employees, as are provided by the con-
stitution for employees of railroad corporations.
CHAPTER 92.—Protection of employees on street railways-

Inclosed platform. Platforms to SECTION 2848a (added by chapter 573, Acts of 1902). Electric be inclosed, street railway companies shall affix to their cars or coaches suitwhen,

able vestibules for the protection of the motormen during the months of December, January, February and March. Any corporation running and operating electric street railway cars or coaches who fails to comply with the provisions of this act within six months shall be subject to a penalty of ten dollars per day, to be recovered by any citizen in the city or town where such corpo

ration does business, for the benefit of the State: Provided, horeException. ever, Owing to climatic conditions this bill shall not apply to

Charleston County.

CHAPTER 93.-Right of action for injuries causing death.

Right ac- SECTION 2851. Whenever the death of a person shall be caused crues, when. by the wrongful act, neglect, or default of another, and the act,

neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person or corporation who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, although the death shall have been caused under such circumstances as make the killing in law a

felony. Who may SEC. 2852 (as amended by act No. 579, Acts of 1902). Every have benefit of such action shall be for the benefit of the wife or husband and action.

child, or children, of the person whose death shall have been so caused; and if there be no such wife, or husband, or child, or children, then for the benefit of the parent or parents; and if there be none such, then for the benefit of the heirs at law or the distributees of the person whose death shall have been caused and shall be brought by or in the name of the executor or adminis

trator of such person; and in every such action the jury may Damages.

give such damages, including exemplary damages where such wrongful act, neglect or default was the result of recklessness, willfulness or malice, as they may think proportioned to the injury resulting from such death to the parties respectively, for whom and for whose benefit such action shall be brought. And the amount so recovered shall be divided among the beforementioned parties, in such shares as they would have been entitled to if the deceased had died intestate and the amount recovered had been personal assets of his or her estate.

The right under this statute is an asset, enforceable only by the personal representative of the deceased, and sufficient to support grant of administration. 60 S. C. 401.

The right exists irrespective of the time the deceased survived after the injury. 37 S. C. 42.

A release by the injured party is a bar to the action. 33 S. C. 556. Limitation. SEC. 2853. All such actions must be brought within two years

from the death of such person, and the executor or administrator, plaintiff in the action, shall be liable to costs, in case there be a verdict for the defendant, or nonsuit or discontinuance, out of the goods, chattels, and lands of the testator or intestate, if any, and if none, then out of the proper goods and chattels of such executor or administrator.

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