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goods, or chattels whatsoever, upon the Lord's day, or any part thereof, upon pain that every person so offending shall forfeit the same goods so cried, or showed forth, or exposed to sale.
Sec. 503. In addition to the penalties prescribed against trades- Operating mamen, artificers, workmen and laborers who shall do or exercise chine shops. any worldly labor, business or work of their ordinary calling upon the Lord's day (commonly called the Sabbath) or Sunday, or any part thereof, any corporation, company, firm or person who shall order, require or direct any work to be done in any machine shop or shops on Sunday, except in cases of emergency, shall, upon conviction, be deemed guilty of a misdemeanor, and shall be fined in a sum not less than one hundred dollars and not more than five hundred dollars for each offense.
CHAPTER 28.-Emigrant agents. SECTION 608. No person shall carry on the business of an emi- License grant agent in this State without having first obtained a license quired. therefor from the State treasurer. The term emigrant agent," as contemplated in this section, shall be construed to mean any person engaged in hiring laborers or soliciting emigrants in this State to be employed beyond the limits of the same. Any person shall be entitled to a license, which shall be good for one year, upon payment into the State treasury for the use of the State of five hundred dollars in each county in which he operates or solicits emigrants for each year so engaged. Any person doing business of an einigrant agent without having first obtained such license shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not less than five hundred dollars and not more than five thousand dollars, or may be imprisoned in the county jail not less than four months, or confined in the State prison, at hard labor, not exceeding two years for each and every offense, within the discretion of the court. This act is constitutional. 63 S. C. 60.
CHAPTER 29.-Seamen. SECTION 611. Whoever shall offend against any or either of the Violation of provisions contained in sections 2291, 2292, 2297, 2298, 2299, 2300, law as to boardand 2301, of the Civil Code, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by imprisonment for a term not exceeding one year and not less than thirty days, or by a fine not exceeding two hundred and fifty dollars and not less than one hundred dollars, or by both such fine and imprisonment.
SEC. 612. It shall not be lawful for any tavern keeper, punch Harboring seahouse keeper, or victualler, within this State, to barbor, entertain, men. or employ any seaman or mariner, exceeding one hour in four and twenty, without an order or direction in writing for so doing under the hand of the master or commander of the ship or vessel to which such seaman or mariner shall belong, under pain of forfeiting the sum of ten dollars for every such offense, to be recovered by indictment in any court of competent jurisdiction, and applied one half to the informer and the other half for the use of the State: Provided always, nevertheless, That nothing herein con- Proviso. tained shall extend, or be construed to extend, to such seaman or mariner as shall be legally discharged from any ship or vessel.
Sec. 613. Any person who shall be convicted of harboring de- Harboring deserting seamen, or of inveigling or procuring them to desert any serters, etc. service for which they have engaged, or disregard any articles into which they have entered, shall be held guilty of a misdemeanor, and, upon trial and conviction, shall be punished by fine and imprisonment, at the discretion of the judge, not to exceed three hundred dollars' fine and three months' imprisonment; and, upon a second conviction, the person so offending, if the keeper of a public or lodging house for seamen, in addition to the penalty before provided, shall forfeit his or her license.
Impressing Sec. 617. Any attempt by fraud or force to ship, against his will, seamen.
any person as a seaman on board any vessel in any port in this
and imprisonment, at the discretion of the court.
vessels, or furnishing them with such seamen, or making contracts
Mutual com- SECTION 2. Each and every such [manufacturing] company shall
mutual company or association, and to severally subscribe and
Act No. 48.-Liability of railroad companies for injuries to
for its employees, the members of which are required or permit-
same, the amount it was agreed the employee or his heirs at law Benefit not a should receive from such relief department; the acceptance of bar to action which amount shall not operate to estop or in any way bar the for damages. right of such employee, or his personal representative, from re
covering damages of such railroad company for injury or death
ACT No. 74.-Employment of children.
SECTION 1. From and after the first day of May, 1903, no child under the age of ten years shall be employed in any factory, mine or textile manufacturing establishment of this State; and from and after the first day of May, 1904, no child under the age of eleven shall be employed in any factory, mine or textile establishment of this State; from and after the first day of May, 1905, no child under the age of twelve years shall be employed in any factory, mine or textile establishment of this state, except as herein. after provided.
SEC. 2. From and after May first, 1903, no child under the age of twelve years shall be permitted to work between the hours of 8 o'clock p. m. and 6 o'clock in the morning in any factory, mine or textile manufactory of this State: Provided, That children under the age of twelve, whose employment is permissible, under the provisions of this act, may be permitted to work after the hour of 8 p. m. in order to make up lost time, which has occurred from
some temporary shut down of the mill, on account of accident or breakdown in the machinery, which has caused loss of time: Provided, however, That under no circumstances shall a child below the age of twelve work later than the hour of 9 p. m.
Sec. 3. Children of a widowed motber and the children of a Children of totally disabled father, who are dependent upon their own labor dependent parfor their support, and orphan children who are dependent upon their own labor for their support, may be permitted to work in textile establishments of this State for the purposes of earning their suport: Provided, That in the case of a child or children of a widowed mother or totally disabled father, the said mother or the said father, and in case of orphan children, the guardian of said children or person standing, in loco parentis of said child or children, shall furnish to any of the persons named in section 4 of this act an affidavit duly sworn to by him or her before some magistrate or clerk of court of the county in which he or she resides, stating that he or she is unable to support the said children, and that the said children are dependent upon their own labor for their support, then, and in that case, the said child or children of the said widowed mother and the said disabled father and said orphan children shall not be affected by the prohibitions of section 1 of this act; and filing of said affidavit shall be full justification for their employment: Provided, further, That the officer before whom the said affidavit shall be subscribed shall indorse upon the back thereof his approval and his consent to the employment of said child or children. Any person who shall swear falsely to the facts set forth in said acts shall be guilty of perjury and shall be indictable as provided by law: Provided, further, That the employment of said child or children shall be subject to the hours of labor herein limited.
Sec. 4. Any owner, superintendent, manager or overseer of any Violations by factory, mine or textile manufacturing establishment, or any employers ; other person in charge thereof or connected therewith, who shall knowingly employ any child contrary to the provisions of this act, shall be guilty of a niisdemeanor, and for every such offense shall, upon conviction thereof, be fined not less than ten dollars nor more than fifty dollars, or be imprisoned not longer than thirty days, at the discretion of the court.
SEC. 5. Any parent, guardian or other person having under his By parents, or her control any child, who consents, suffers or permits the etc. employment of his or her child or ward under the ages as above provided, or who knowingly or willfully misrepresents the age of such child or ward to any of the persons named in section 4 of this act, in order to obtain employment for such child or ward, shall be deenied guilty of a misdemeanor, and for every such offense shall, upon conviction thereof, be fined not less than ten dollars por more than fifty dollars, or be imprisoned not longer than thirty days, in the discretion of the court.
Sec. 6. Any parent, guardian or person standing in loco parentis, School certifwho shall furnish to the persons named in section 4 of this act a cate. certificate that their child or ward has attended school for not less than four months during the current school year, and that said child or children can read and write, may be permitted to obtain employment for such child or children in any of the textile establishments of this State during the months of June, July and August, and the employment of such child or children during the said months upon the proper certificate that such child or children have attended school as aforesaid, shall not be in conflict with the provisions of this act.
Sec. 7. In the employment of any child under the age of twelve Affidavit 01 years in any factory, mine or textile manufacturing establish- age. ment, the owner or superintendent of such factory, mine or textile manufacturing establishment shall require of the parent, guardian or person standing in loco parentis of such child, an affidavit giving the age of such child, which affidavit shall be placed on file in the office of the employer; and any person knowingly furnishing a false statement of the age of such child shall
be guilty of a misdemeanor, and for every such offense shall, upon conviction, be fined not less than ten dollars nor more than fifty dollars, or be imprisoned not longer than thirty days, in the discretion of the court.
ARTICLE XXI.-Earnings of married women.
Earnings SECTION 5.
All property to which (a woman) may separate prop- after marriage become in any manner rightfully entitled, shall le erty.
her separate property, and shall not be liable for the debts of her husband.
REVISED CODES OF 1903.
Mine regulations.-Inspector of mines.
SECTION 136. There shall be an inspector of mines appointed by the governor, by and with the advice and consent of the Senate, who shall be a qualified elector of the State, not under thirty years of age, and who shall be practically acquainted with mines and mining in all its branches, and who is not the officer of, director in, or employee of, any mining company or corporation during his term of office, and who shall keep his office at Lead City, Lawrence County, this State, and whose term of office shall be two years, unless sooner removed by the governor.
SEC. 140. It shall be the duty of the inspector of mines to risit, enter, and examine in person any mine or piece of mining ground for the purpose of ascertaining the condition of the same in regard to its safety, ventilation and means of egress; and for this purpose he shall have access at any and all times to my mine, stopes, levels, winses, tunnels, drifts, crosscuts, shafts, works and machinery, for the purpose of such inspection: Provided, however, That the working of such nine shall not be impeded or obstructed during such examination: Provided, fur. ther, That this inspection shall not be at the expense of the owner, lessor, lessee or agent of the mine being examined; but said owners, lessor, lessee or agent shall render such assistance as may be necessary to enable the inspector to make the required examination.
SEC. 141. Whenever the inspector of mines shall receive a formal complaint in writing, signed by three or more persons, setting forth that the mine in which they are employed is dadgerous in any respect, he shall in person visit and examine such mine: Provided, Every such formal complaint shall in all cases specifically set forth the nature of the danger existing at the mine. and shall describe with as much certainty as is possible how such danger, apparently or really, renders such mine dangerous, the time the cause of such danger was first observed, and shall dis. tinctly set forth whether or not any notice of such danger has been given by the complainants, or any one else to their knowledge, to the superintendent of such mine; and if no such complaint has been made to such superintendent, the reason why it has not been made. After such complaint shall have been received by the inspector of mines it shall be the duty of such inspector to serve a certified copy thereof, but without the names of the complainants. upon the superintendent or manager, or owner of such mine, at any time before he visits the same, and, as soon as possible, to visit such mine; and if from examination he shall ascertain that the said mine is from any cause in a dangerous condition, he shall at once notify the owner, lessor, lessee or agent thereof; such notice to be in writing and to be served by copy on such owder,
lessor, lessee or agent in the same manner as provided by law for the serving of legal notices or process; and said notice shall state fully and in detail in what particular manner said mine is dangerous or insecure, and shall require all necessary changes to be made without delay for the purpose of making such mine safe for the laborers employed therein; and in case of any criminal or civil procedure at law against the party or parties so notified, on account of loss of life or bodily injury sustained by any employee subsequent to such notice, and in consequence of a neglect to obey the inspector's requirement a certified copy of the notice served by the inspector shall be prima facie evidence of the culpable negligence of the party or parties so complained of. Nothing herein shall be so construed as to give the control of any mine to the mine inspector or allow him to interfere with the working of any mine.
SEC. 142. It shall be the duty of the inspector of mines, at least Annual 10 once in each year, to visit each mining county in South Dakota spection. and examine as many of the mines in the different counties as practicable, and shall make such recommendations as in his judgment are necessary to insure the safety of the workmen employed therein; and whenever, from his examination, he shall find any mine to be in an unsafe condition he shall at once serve a notice upon the owner, lessor, lessee or agent thereof as provided for in the preceding section.
Sec. 143. Whenever a serious or fatal accident shall occur in any Accidents. mine in South Dakota it shall be the duty of the owner, lessor, lessee, agent or superintendent thereof to immediately and by the quickest means, notify the inspector of mines; and upon receiving such notice the inspector in person shall at once repair to the place of accident and investigate fully the cause of such accident; and whenever possible to do so the inspector shall be present at the coroner's inquest held over the remains of the person or persons killed by such accident, and shall testify as to the cause thereof, and shall state whether in his opinion the accident was due to the negligence or mismanagement of the lessor, lessee, owner or agent of such mine, or the manager, superintendent or other persons in charge. If the inspector can not be immediately present in case of a fatal or serious accident occurring, it shall be the duty of the superintendent, owners or persons in charge of the mine to have written statements made by those witnessing the same and duly sworu to. In case of no person being present at the time of the accident, then the statement of those tirst present shall be taken which statement shall be sworn to before some person qualified to administer oaths; and such sworn statements shall be placed in the hands of the inspector upon the demand of that officer.
Sec. 144. Any owner, lessor, lessee or agent of any mine who Penalty. shall fail to comply with the provisions of the preceding section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, and not less than two hundred dollars.
Sec. 145. All corporations or individuals working mines in South Employment Dakota who shall employ, or permit to be employed, in such mines of children. any children under fourteen years of age shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding one thousand dollars.
SEC. 146. The provisions of this act shall not apply to mines in Application of which no other person but the owner or owners, or lessees thereof, law. are permitted to work.
Sec. 147. The inspector of mines shall make a report to the gov- Annual re. ernor of South Dakota on the fifteenth day of November of each port. Fear, and said report shall enumerate all accidents that have occurred in the mines of South Dakota, which have occasioned serious injury or resulted fatally to persons employed therein, together with the nature and cause of such accident. Said report shall also contain statistical and other information which may tend to promote the development of the mineral resources of South Dakota ;