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CHAPTER 92.-Rights and remedies of employees on street railways.

SECTION 2848. Every employee of any street railway doing 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 constitution for employees of railroad corporations.

CHAPTER 92.-Protection of employees on street railways-
Inclosed platform.

SECTION 2848a (added by chapter 573, Acts of 1902). Electric be inclosed, street railway companies shall affix to their cars or coaches suitable 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 corporation does business, for the benefit of the State: Provided, however, Owing to climatic conditions this bill shall not apply to Charleston County.

Exception.

Right accrues, when.

action.

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

SECTION 2851. Whenever the death of a person shall be caused 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 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 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 beforemen tioned 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.

Damages.

Limitation.

The right under this statute is an asset, enforceable only by the per sonal 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. 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.

SEC. 2854. The provisions of the three preceding sections of Application of law. this chapter shall not apply to any case where the person injured has, for such injury, brought action, which has proceeded to trial and final judgment before his or her death.

CODE OF CIVIL PROCEDURE.

TITLE 9.-Exemption of wages from execution, etc.

empt, when.

ex

SECTION 317. The judge may order any property of the judg- Sixty days' ment debtor, not exempt from execution, in the hands either of earnings himself or any other person, or due to the judgment debtor, to be applied towards the satisfaction of the judgment; except that the earnings of the debtor for his personal services at any time within sixty days next preceding the order can not be so applied when it is made to appear, by the debtor's affidavit or otherwise, that such earnings are necessary for the use of a family supported wholly or partly by his labor.

CRIMINAL CODE.

CHAPTER 9.-Seamen.

seamen.

SECTION 133. Any attempt, by fraud or force, to ship, against Impressing his will, any person as a seaman, on board any vessel in any port of this State, is hereby declared a misdemeanor, to be punished by fine and imprisonment, at the discretion of the court.

CHAPTER 9.-Negligence of employees on steamboats.

SECTION 137. If any person within this State shall suffer injury Injury caused to life or limb, by the explosion of any boiler of a steamboat, or by negligence. by reason of the unskillfulness, mismanagement, or negligence of the persons having the charge or command of the said boat, or her engine, or by reason of any defect in the said engine or boat, or by reason of the deficiency or want of any matter or thing necessary and proper for the management or seaworthiness of the said boat, the captain, master, or other person having the command or charge of such boat, shall, for every such injury, be deemed guilty of a misdemeanor, and, on conviction, shall be punished by fine or imprisonment, or both, at the discretion of the court before which such conviction shall be had: Provided, how- Proviso. ever, That nothing contained in this section shall be so construed as to prevent the defendant from showing, on the trial, that the injury arose from unavoidable accident, or without fault on his part, and that this section shall not in any manner be construed to restrict the liability of any person to be indicted, tried, and punished under any law existing.

CHAPTER 13.-Protection of employees as voters.

vote.

SECTION 277. Whoever shall assault or intimidate any citizen Discharging because of political opinions or the exercise of political rights employees, etc., and privileges guaranteed to every citizen of the United States on account of by the Constitution and laws thereof, or by the constitution and laws of this State, or, for such reason, discharge such citizen from employment or occupation, or eject such citizen from rented house or land or other property, such person shall be deemed guilty of a misdemeanor, and, on conviction thereof, be fined not less than fifty or [nor] more than one thousand dollars, or be imprisoned not less than three months or [nor] more than one year, or both, at the discretion of the court.

CHAPTER 15.-Hours of labor.

SECTION 321. Eleven hours shall constitute a day's work or sixty-six hours a week's work in all cotton and woolen manufacturing establishments in the State of South Carolina for all oper

Eleven hours day's labor in factories.

Void tracts.

Street ways.

con

atives and employees except engineers, firemen, watchmen, mechanics, teamsters, yard employees and clerical force: Provided, That nothing herein contained shall be construed to prevent any of the employees in the aforesaid manufacturing establishments from engaging to work, or working, such time in addition, not to exceed seventy hours per annum, as may be necessary to make up for lost time caused by accident or other unavoidable circumstances; or to prevent all such employees working such additional time as may be necessary to clean up and make necessary repairs of or changes in the machinery.

The words "manufacturing establishments" where occurring in this section shall be construed to mean any buildings in which labor is employed to fabricate or produce goods, including yarns, cloth, hosiery and other merchandise.

All contracts made for a longer day's work than eleven hours or week's work longer than sixty-six hours in said manufacturing establishments shall be, and the same are hereby declared to be, absolutely null and void and contary to law, and any person making and enforcing such contracts with an employee in said establishments shall be deemed to be guilty of a misdemeanor, and on conviction in a court of competent jurisdiction shall be fined in each case a sum of money not less than fifty nor more than one hundred dollars, together with the costs of the proceedings. rail- SEC. 322. No incorporated horse railway company, electric railway company, or other street railway company, and no officer, agent or servant of such corporation, and no person or persons or firm or joint stock company owning or operating any line or lines of horse railways, electric railways or other street railways within the limits of this State, and no agent or servant of such firm, joint stock company, person or persons, shall require, permit or suffer its, his or their conductors, motormen or drivers or other such employees, or any of them, in its, his or their service, Twelve hours. or under his, its or their control, to work more than twelve hours during each or any day of twenty-four hours, and shall make no contract or agreement with such employees, or any of them, providing that they or he shall work for more than twelve hours during each day or any day of twenty-four hours.

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If any corporation, or any officer, agent or servant of such corporation, or any person or persons, or any firm or joint stock company, managing or conducting any horse railway, electric railway or other street railway in this State, or any agent or servant of such person or persons, firm or joint stock company, shall do any act in violation of the provisions of this section, it, he or they shall be deemed to have been guilty of a misdemeanor, and shall on conviction thereof in a court of competent jurisdiction be fined one hundred dollars for each offense so committed: Provided, however, That in cases of accident or unavoidable delay extra labor may be permitted for extra compensation: Provided, The em ployees of the said corporations of the city of Columbia, if they so desire, to [may] work more than twelve hours daily, conditioned that they receive extra compensation for all work done over eleven hours.

CHAPTER 15.-Seats for female employees.

SECTION 333. It shall be the duty of all employers of females in any mercantile establishment, or any place where goods or wares or merchandise are offered for sale, to provide and maintain chairs or stools, or other suitable seats, for the use of such female em ployees, to the number of one seat for every three females employed, and to permit the use of such seats by such employees, at reasonable times, to such an extent as may be requisite for the preservation of their health. And such employees shall be permitted to use same, as above set forth, in front of the counter. table, desk or any fixture when the female employee for the use of whom said seat shall be kept and maintained is principally engaged in front of said counter, table, desk or fixture; and behind

such counter, table, desk or fixture when the female employee for the use of whom said seat shall be kept and maintained is principally engaged behind said counter, table, desk or fixture.

Any person who violates or omits to comply with any of the foregoing provisions of this section, or who suffers or permits any woman to stand, in violation of its provisions, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars for each offense.

CHAPTER 16.-Payment of wages by contractors.

Penalty.

SECTION 338. It shall be the duty of any contractor or con- Wages to be tractors, in the erection, alteration or repairing of buildings in paid out of receipts. the State of South Carolina, to pay all laborers, subcontractors and material men for their lawful services and material furnished out of the money received for the erection, alteration or repairs of buildings upon which said laborers, subcontractors and material men are employed or interested, and said laborers, as well as all subcontractors and persons who shall furnish material for said building, shall have a first lien on the money received by said contractor or contractors for the erection, alteration or repair of said buildings in proportion to the amount of their respective claims. Nothing herein contained shall make the owner of the Owner not rebuilding responsible in any way: Provided, That nothing contained sponsible. in this section shall be construed to prevent any contractor or contractors or subcontractors from borrowing money on such contract.

Any contractor or contractors or subcontractors who shall for Failure to pay other purposes than paying the money loaned upon said contract wages. expend and on that account fail to pay to any or all laborers, subcontractors and material men out of the money received as provided in this section and as admitted by such contractor or contractors, or as may be adjudged by any court of competent jurisdiction, shall be deemed guilty of a misdemeanor, and upon conviction, when the consideration for such work and material shall exceed the value of one hundred dollars, shall be fined not less than one hundred dollars nor more than five hundred dollars, or imprisonment not less than three months nor more than twelve months; and when such consideration shall not exceed the value of one hundred dollars, shall be fined not more than one hundred dollars or imprisoned not longer than thirty days: Provided, Said contractor or contractors or subcontractors may have the right of arbitration by agreement with said laborers, subcontractors and material men.

CHAPTER 16.-Contract of employment-Violation after receiving

supplies.

vances.

SECTION 357. Any laborer working on shares of crop or for Deserting conwages in money or other valuable consideration under a verbal tract after ador written contract to labor on farm lands who shall receive advances either in money or supplies and thereafter willfully and without just cause fail to perform the reasonable service required of him by the terms of the said contract shall be liable to prosecution for a misdemeanor, and on conviction shall be punished by imprisonment for not less than twenty days nor more than thirty days, or to be fined in the sum of not less than twenty-five dollars nor more than one hundred dollars, in the discretion of the court: Provided, The verbal contract herein referred to shall be witnessed by at least two disinterested witnesses.

This section is constitutional. 56 S. C. 420.

CHAPTER 16.-Payment of wages in scrip.

Use of scrip

SECTION 358. Any person or persons who shall offer to any payable at fulaborer or employee, at the time when the wages of such laborer ture time.

Proviso.

or employee are due and payable by agreement, unless otherwise provided for by special contract, as compensation for labor, or services performed, checks, or scrips of any description, known as plantation checks, payable at some future time, or in the shops or stores of employers, in lieu of lawful money, shall be liable to indictment and punishment, by a fine not exceeding two hundred dollars, or by imprisonment not exceeding one year, or both, according to the discretion of the court: Provided, The word "checks" herein shall not be construed so as to prohibit the giving of checks upon any of the authorized banks of deposit or issue in this State.

CHAPTER 16.-Enticing employees.

Enticing la- SECTION 359. Any person who shall entice or persuade by any borer under means whatsoever, any tenant, servant, or laborer, under contract contract. with another, duly entered into between the parties before one or more witnesses, whether such contract be verbal or in writing, to violate such contract, or shall employ any laborer knowing such laborer to be under contract with another, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five nor more than one hundred dollars, or be imprisoned in the county jail not less than ten nor more than thirty days.

Negligence

A contract made by a father for his minor child is not a contract by a laborer hence to entice such minor employee from his service is not a violation of this section. 63 S. C. 458.

CHAPTER 20.-Negligence of employees on railroads.

SECTION 472. When an engineman, fireman, or other agent or causing injury. officer of a railroad corporation, is guilty of negligence or carelessness whereby an injury is done to any person or corporation, he shall be punished by imprisonment not exceeding twelve months, or by a fine not exceeding one thousand dollars.

Gross carelessness.

Violation

rules

injury.

of

SEC. 473. Whoever, having management of, or control over. a railroad train while being used for the common carriage of persons, is guilty of gross carelessness or neglect in or in relation to the management or control thereof, shall forfeit a sum not exceeding five thousand dollars, or be imprisoned not more than three years.

SEC. 474. Any engineer, conductor, or other agent or employee causing of any railroad company in this State, who shall willfully neg lect to observe, or shall willfully violate any rule or regulation of the company to which such engineer or conductor may belong, whereby any person or persons shall sustain, or be in danger of sustaining, any bodily injury, such engineer or conductor, or other agent or employee, shall be liable to be indicted for every such offense, and upon conviction thereof be fined two hundred dollars and imprisonment not exceeding one year, at the discretion of the judge before whom such case may be tried: Provided, however, That nothing herein contained shall be so con strued as to relieve such engineer or conductor from responsibility, in cases where the life of any person is destroyed under the law as it now exists.

Proviso.

Sunday labor forbidden.

Trafficking.

CHAPTER 24.-Sunday labor.

SECTION 500. No tradesman, artificer, workman, laborer, or other person whatsoever, shall do or exercise any worldly labor. business, or work of their ordinary callings upon the Lord's day. (commonly called the Sabbath,) or any part thereof, (works of necessity or charity only excepted;) and every person, being of the age of fifteen years or upwards, offending in the premises, shall, for every such offense, forfeit the sum of one dollar.

SEC. 501. No person or persons whatsoever shall publicly cry. show forth, or expose to sale, any wares, merchandise, fruit, herbs,

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