« ForrigeFortsett »
of the duties, terms, conditions, provisions or requirements of this act. The said commissioners are authorized to cause an action or actions to be brought on said bond in the name of the people of the State of Illinois for any violation of any of its conditions, and they may also revoke, upon a full hearing, any license, whenever, in their judgment, the party licensed shall have violated any of the provisions of this act. It shall be the duty of every licensed agency to keep a register, in which shall be entered the name and address of every applicant. Such licensed agency shall also enter into a register the name and address of every person who.shall make application for help or servants; and the name and nature of the employment for which such help shall be wanted. Such register shall, at all reasonable hours, be open to the inspection and examination of the commissioners of labor or their agents." Where a registration fee is charged for receiving or Registration
fees. filing applications for employment or help, said fee shall in no case exceed the sum of two dollars ($2), for which a receipt shall be given, in which shall be stated the name of the applicant, the amount of the fee, the date, the name or character of the work or situation to be procured. In case the said applicant shall not obtain a situation or employment through such licensed agency within one month after registration as aforesaid, then said licensed agency shall forth with repay and return to such applicant, upon demand being made therefor, the full amount of the fee paid or delivered by said applicant to said licensed agency, provided that such demand be made within thirty (30) days after the expiration of the period aforesaid. No agency shall send or cause to be sent any female help or servants to any place of bad repute, house of ill-fame or assignation house, or to any house or place of amusement kept for immoral purposes. No such licensed agency shall publish or cause to be published any false or fraudulent notice or advertisement, or to give any false information, or to make any false promise concerning or relating to work or employment to anyone who shall register for employment, and no licensed agency shall make any false entries in the register to be kept as herein provided. No person, firm or corporation shall conduct the business of any employment office in, or in connection with, any place where intoxicating liquors are sold.
Sec. 10. It shall be the duty of the commissioners of labor, and the Enforcement. secretary thereof, to enforce this act. When informed of any violation, it shall be their duty to institute criminal proceedings for the enforcement of its penalties before any court of competent jurisdiction. Any person convicted of a violation of the provisions of this act shall Penalties. be guilty of a misdemeanor and shall be fined not less (than) fifty dollars ($50) nor more than one hundred (100) dollars for each offense, or by imprisonment in the county jail for a period not exceeding six (6) months, or both, at the discretion of the court.
Sec. 11. A private employment agency is defined and interpreted to Definitions. mean any person, firm or corporation furnishing employment or help or giving information as to where employment or help may be secured, or who shall display any employment sign or bulletin, or through the medium of any card, circular or pamphlet, offering employment or help, shall be deemed an employment agency, and subject to the provisions of this act, whether a fee or commission is charged or not: Provided, That charitable organizations are not included.
Sec. 12. All money or moneys received from fees and fines shall be Enforcement held by the said commissioners of labor, and shall constitute a fund fund. for the purpose of enforcing the provisions of this act; and the said commissioners sball, at the end of each fiscal year, make an account of said fund and pay into the State treasury whatever balance shall remain after paying the necessary disbursements for the purpose of enforcing the provisions of this act.
Sec. 13. All printing, blanks, blank books, stationery and such Supplies. other supplies as may be necessary for the proper conduct of the business of the offices herein created shall be furnished by the secretary of state upon
requisition for the same made by the superintendents of the several offices.
H. Doc. 733, 58-2--21
Payment of wages.
(Page 198.) Wages to be SECTION 1. It shall be unlawful for any corporation doing business paid in full. within this State to withhold from any of its laborers, servants or
employees any part or per cent of the wages earned by such laborer, servant or employee, beyond the date of the regular pay day of said corporation, under the guise or pretext, that the amount of wages so withheld, is to be given or presented to such laborer, servant or employee as a present or gratuity from said corporation, at the expiration of any future date, on condition that the services of such laborer, servant or employee have been performed to the entire satisfaction of said corporation, or upon condition that such laborer, servant or employee shall, unless sooner discharged by said corporation, remain in its employ until the expiration of some future date designated by said corporation, or under any other similar pretext or condition, but all
such wages shall be paid in full by said corporation on its regular pay Provisos. day: Provided, That nothing in this act contained shall be held to
abridge the right of any corporation not making or requiring contracts of the class specified above, to make such contract or arrangement as may be legal, concerning the payment of wages to employees: And provided further, Nothing herein contained shall be construed to affect the right of any corporation to contract for the retention of a part of the wages of said laborers, servants and employees for the purpose of giving to said servants, laborers and employees insurance, hospital,
sick or other similar relief. Void contracts. SEC. 2. All contracts or agreements of the kind and character referred
to and described in section 1 of this act, hereafter made by any corporation doing business in this State, are hereby declared to be illegal, against public policy and null and void, and no such agreement or contract shall constitute a defense upon the part of any such corporation, to any action brought by any such laborer, servant or employee, for the recovery of any wages due him, and withheld from him by
any such corporation, contrary to the provisions of this act. Penalty.
ŠEC. 3. Any such corporations doing business in this State, who shall violate the provisions of this act, shall, for each offense, forfeit the sum of two hundred dollars to be recovered from it in any [an] action of debt in the name of the people of the State of Illinois, or by
any person who may sue for the same. Enforcement.
SEC. 4. It is hereby made the duty of the several State's attorneys of this state in their respective counties, to prosecute all actions commenced in the name of the people of the State of Illinois, under the provisions of this act.
Exemption of wages from garnishment.
(Page 217.) Wages earned SECTION 1. Wages earned out of this state, and payable out of this outside the State. State, shall be exempt from attachment or garnishment in all cases
where the cause of action arose out of this State, unless the defendant in the attachment or garnishment suit is personally served with process; and, if the writ of attachment or garnishment is not personally served on the defendant, the court, justice of the peace or police magistrate issuing the writ of attachment or garnishment, shall not entertain jurisdiction of the cause, but shall dismiss the suit at the cost of the plaintiff.
(Page 252.) Size of charges. SECTION 1. In all coal mines in this state, where coal is blasted, the
quantity of powder used in the preparation of shots shall not in any case exceed sixty inches in coal seams five and one-half feet and over; and shall not exceed forty-eight inches in coal seams under five and
one-half feet in thickness. Measurement. SEC. 2. For the purpose of determining the quantity of powder,
prescribed in section one (1) of this act, to be used in the preparation
of any given shot, an inch of powder shall be one lineal inch, one and one-half inches in diameter, and it shall be measured in a metallic charger not to exceed twelve inches in length and one and one-half inches in diameter.
SEC. 3. No person shall drill or shoot what is known as a “dead” hole for any part of its depth; nor tamp any drill hole with drill dust, or other combustible material.
Sec. 4. Any violation of any of the conditions or requirements of Penalty. this act shall be deemed a misdemeanor, punishable by a fine of not less than ten dollars ($10) and not exceeding one hundred dollars, ($100), or by imprisonment in the county jail for a period' not exceeding three months or both, at the discretion of the court.
Mine regulations—Wash rooms.
(Page 252.) SECTION 1. Every owner or operator of a coal mine in this State Wash rooms. shall provide and maintain a wash room at a convenient place at the top of each mine for the use of the miners and other employees of such mine; and such wash room shall be so arranged that such miners and other employees may hang therein their clothes, for the purpose of drying the same.
ŠEC. 2. Any mine owner or operator who shall fail or refuse to com- Penalty. ply with the provisions of this act shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not more than one hundred dollars, and shall stand committed to the county jail until such fine is fully paid. Protection of employees on street railways- Inclosed platforms.
(Page 289.) SECTION 1. Every cable, grip, electric, horse or other street car, other Platforms to be than trail cars, which are attached to motor cars, shall be provided inclosed. during the months of November, December, January, February and March of each year, at both ends with a screen or vestibule constructed of glass or other material, which shall fully and completely protect the driver or motorman or gripman or conductor, or other persons stationed on both ends and guiding or directing the motor power by which they are propelled from wind and storm.
Sec. 2. Any person, agent, or officer of any association or corpora- Penalty. tion violating the provisions of this act shall, upon conviction, be fined in any sum not less than $25 nor more than $100 for each day each car belonging to and used by any such person, association or corporation is directed or permitted to remain unprovided with the screen required in section 1 of this act; and it is hereby made the duty of the prosecuting attorney of each county in this state, to institute the necessary proceedings to enforce the provisions of this act.
ARTICLE 1.--Compensation for services. SECTION 66. No man's particular services shall be demanded without Services to be just compensation.
compensated ANNOTATED STATUTES OF 1894-REVISION OF 1901.
CHAPTER 2.- Right of action for injuries causing death. SECTION 285. When the death of one is caused by the wrongful act Death caused or omission of another, the personal representatives of the former by negligence. may maintain an action therefor against the latter, if the former might have maintained an action, had he or she (as the case may be) lived, against the latter for an injury for the same act or omission. The Limitation.
ex-action shall be commenced within two years. The damages can not
exceed ten thousand dollars; and must inure to the exclusive benefit of the widow, or widower (as the case may be), and children, if any, or next kin, to be distributed in the same manner as personal property of the deceased.
Right of action can be maintained under this statute only when decedent leaves a widow or next of kin surviving. 152 Ind. 86.
It need not be alleged that the widow and children of decedent depended on him for support. 11 Ind. App. 27.
If an injured person recovers damages for the injury and afterwards dies on account of the same, his representatives can not recover damages because of his death. 132 Ind. 507.
The action can not be maintained against the personal representatives of the wrongdoer. 125 Ind. 176.
Compensatory damages include compensation for pain and suffering as well as for pecuniary expenditures of the injured person. 59 Ind. 317.
A receiver operating a railroad is bound by the provisons of this statute. 59 N. E. Rep. 50.
CHAPTER 2.-Right of action for personal injuries-Limitations. SECTION 294. The following actions shall be commenced within the periods herein prescribed, after the cause of action has accrued, and not afterward:
First. For injuries to person or character, and for a forfeiture or penalty given by statute, within two years.
CHAPTER 2.- Liability of employers for injuries to employees—Contributory
negligence to be matter of defense only. Actions for in- SECTION 359a. Hereafter in all actions for damages brought on acjuries, etc.
count of the alleged negligence of any person, copartnership or corporation for causing personal injuries, or the death of any person, it
shall not be necessary for the plaintiff in such action to allege or prove Contributory the want of contributory negligence on the part of the plaintiff, or on negligence,
the part of the person for whose injury or death the action may be brought. Contributory negligence, on the part of the plaintiff, or such other person, shall be a matter of defense, and such defense may be proved under the answer of general denial: *
CHAPTER 2.- Exemption of wages from garnishment. Suits of non- SECTION 970. Hereafter no court in this State shall have or entertain residents for
jurisdiction in any action of attachment, garnishment, or supplementary proceeding, when the plaintiff and principal defendant are both nonresidents of this State, and the money sought to be reached by such attachment, garnishment, or supplementary proceedings is the personal earnings or wages due or owing to the principal defendant
from any person or corporation doing business in this State. Wages exempt, SEC. 971. The wages of all householders in the employ of any perwhen.
son or corporation shall be exempt from garnishment and proceedings supplemental to execution in the hands of such person or corporation so long as such employee remains in such employment, not exceeding twenty-five dollars at any one time, and no exemption shall be allowed
as against garnishment except as in this section provided. Garnishee may
SEC. 972. Any person or corporation in debt for wages, as in the pay exempted
preceding section provided, may, at any time after being served with a garnishee summons, pay to any such employee the amount of wages exempted by the preceding section; and such payment shall discharge such garnishee defendant from liability for the amount so paid, as effectually as if paid before the issuing of such summons.
CHAPTER 5. --Sunday labor. Sunday labor forbidden.
Section 2086. Whoever, being over fourteen years of age, is found on the first day of the week, commonly called Sunday,
at common labor, or engaged in his usual avocation (works of charity Exceptions. and necessity only excepted), shall be fined in any sum not more than
ten nor less than one dollar; but nothing herein contained shall be
construed to affect such as conscientiously observe the seventh day
SEC. 2241. Any person having the care, custody or control of any Acrobatic, etc., minor child under the age of fifteen years, who shall in any manner employments. sell, apprentice, give away or otherwise dispose of such child, and any person who shall take, receive or employ such child for the vocation or occupation of rope or wire walking, or as an acrobat, gymnast, contortionist, or rider, and any person who, having the care, custody or control of any minor child shall sell, apprentice, give away or otherwise dispose of such child, or who shall take, receive or employ such child for any obscene, indecent or illegal exhibition or vocation, or any vocation injurious to the health or dangerous to the life or limb of such child engaged therein, or for the purpose of prostitution, and any person who shall retain, harbor or employ any minor child in or about any assignation house or brothel, or in any place where any obscene, indecent or illegal exhibition takes place, shall be guilty of a misdemeanor, and upon conviction thereof before any justice of the peace, mayor, police judge or criminal court shall be fined not less than ten Penalty. dollars, nor more than one hundred dollars, to which may be added imprisonment not exceeding thirty days.
Sec. 2242. Any person having the care, custody or control, lawful Mendicant emor unlawful, of any minor child under the age of eighteen years, who
ployments. shall apprentice, give away, let out, hire, or otherwise dispose of such minor to any person for the purpose of singing, playing on musical instruments, begging, or for any mendicant business whatever, in the streets, roads or other highways of the State, and whosoever shall take, receive, hire, employ, use or have in custody any such [minor) for the vocation, occupation, calling, service or purpose of singing, playing upon musical instruments or begging upon the streets, roads or other highways of the State, or for any mendicant business whatever, shall be guilty of a misdemeanor, and upon conviction thereof in the manner provided in the first section of this act [sec. 2241), shall be fined not less than five dollars nor more than one hundred dollars, to which Penalty. may be added imprisonment not exceeding thirty days.
Sec. 2244. Any person who shall take, receive, hire or employ any. Employment child under twelve years of age in any underground works, or mines, in mines. or like place whatsoever, shall be guilty of a misdemeanor, and upon conviction thereof in the manner provided in the first section of this act (sec. 2241), shall be fined not less than five dollars nor more than Penalty. fifty dollars.
CHAPTER 5.-Seats for female employees. SECTION 2246. Every person or corporation employing women or girls Seats to be proin any business in this State shall provide suitable seats for the use of said employees so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for the performance of which they are so employed.
Sec. 2247. Any person or persons, or any corporation violating any Penalty.
CHAPTER 5.- Exemption of wages— Unlawful assignment of claims. SECTION 2283. Whoever, whether principal, agent, or attorney, with Sending claim intent thereby to deprive any bona fide resident of the State of Indiana out of State. of his or her rights, under the statutes of Indiana, on the subject of the exemption of property from levy and sale on execution or in attachment or garnishment, sends or causes to be sent out of the State of Indiana any claim for debt to be collected by proceedings in attachment, garnishment, or other mesne process, when the creditor, debtor, or person, or corporation owing for the earnings intended to be reached