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REVISED STATUTES OF 1899.
CHAPTER 1.-Wages preferred-In administration.
SECTION 184. All demands against the estate of any deceased De man ds person shall be divided into the following classes :
classified. 1. Funeral expenses.
II. Expenses of the last sickness, wages of servants and demands for medicine and medical attendance during the last sickness of the deceased.
Sec. 210. All deinands against any estate shall be paid by the Order of pay, executor or administrator, as far as he has assets, in the order ment. in which they are classed ; and no demand of one class shall be paid until all previous classes be satisfied; and if there be not sufficient to pay the whole of any one class, such demands shall be paid in proportion to their amounts.
CHAPTER 3.-Eremption of wages from attachment.
no property or wages declared by statute Nonresident to be exempt from execution shall be attached, except in the case
defendants. of a nonresident defendant, or of a defendant who is about to move out of the State with intent to change his domicile.
CHAPTER 12.—Payment of wages. SECTION 1006. All corporations shall make payment to their Wages a prior employees and other operatives, of wages due for all labor and claim. services performed by them, within three months next preceding a demand made therefor, not exceeding one hundred dollars, in preference to any other claim, debts or demands whatsoever, not secured by specific liens on property ; and such priority of payment may be enforced by civil action. Payment of wages shall be Monthly pay made on or before the fifteenth day of each month for the full day. amount of all wages earned previous to the first day of that month, with interest at six per céntum. If not paid, to be added to the amount of said wages when paid or recovered by suit. All debts due employees or operatives for wages of their labor shall have priority of payment from the money and assets of the corporations in the hands of officers or agents, or any receiver or assignee, over every other claim not specifically secured. Every corporation, officer, agent, receiver, assignee, or person holding money or assets, refusing to recognize the priority of employees' claims, shall be liable to such employees for the amount of all loss and damages occasioned by bis unlawfully withholding the money.
The president of a corporation voluntarily paying its employees with his own money is not subrogated to their rights. 126 Mo. 393.
An employee of a corporation can not recover his wages of a sheriff holding its assets by attachment. 69 Mo. App. 34.
CHAPTER 12.—Employment of labor-Notice of reduction of wages.
SECTION 1009. Any railway, mining, express, telegraph, manu- Notice of re. facturing or other company or corporation doing business in this
duction of State, and desiring to reduce the wages of its employees or any of them, shall give to the employees to be affected thereby thirty days notice thereof. SEC. 1010. Such notice may be given by posting a written or
notice printed handbill, specifying the class of employees whose wages may be given. are to be reduced and the amount of the reduction, in a conspicuous place in or about the shops, station, office, depot or other place where said employees may be at work, or by mailing each employee a copy of said notice or handbill, and such company or
corporation violating any of the provisions of the preceding section shall forfeit and pay each party affected thereby the sum of fifty dollars, to be recovered by civil action in the name of the injured party, with costs, before any court of competent jurisdiction.
SEC. 1011. Nothing contained in this article shall be construed to extend to any county or township, or to any public university, academy, seminary or school incorporated by the laws of this State.
CHAPTER 12.-Liability of railroad companies for debts of contract
ors for labor, etc.
Company Il- SECTION 1057. Whenever any contractor for the construction of able to laborers, etc. , when. any part of a railroad which is in process of construction, or any
contractor for the repairing of any part of a railroad, shall be indebted to any subcontractor or laborer, or other person, who shall do or perform any work or labor upon or furnish any materials for said road, such subcontractor or laborer, or other person, may give notice of such indebtedness to said company in the manner hereinafter provided ; and said company shall thereupon become liable to pay such subcontractor or laborer, or other
person, the amount so due, and action may be maintained against Notice. said railroad therefor; such notice shall be given by said sub
contractor, laborer or other person, within twenty days after the performance of the labor or work, or the delivery of the materials, for which the claim is made; such notice shall be in writing, and shall state the amount and number of days labor or work, and the amount, description and quantity of materials furnished and the time when the said labor or work was performed, and the time when the said materials were furnished, for which the claim is made, and the name of the contractor from whom due, and shall be signed by such subcontractor, laborer or other person, or their attorney, and shall be served on an engineer, agent or other person employed by said company having charge of the section of the road on which said labor or work was performed, or such material furnished, personally, or by leaving said notice in the office or usual place of business of such engineer, agent or person having charge, with some person over fifteen years of age; but no aotion shall be maintained against any company under the provisions of this section, unless the same be commenced within ninety days after notice is given to the company by such subcontractor or laborer, as above provided.
Service of notice of claims upon station agents of a nonresident railroad company is service upon the company within the requirements of this statute. The notice within twenty days does not relate to the enforcement of a lien but to the establishment of a personal liability against the company. 76 Mo. 161. CHAPTER 12.-Safety appliances on railroads--Blocking of frogs,
switches, and guard rails.
Switches,etc., SECTION 1123. All companies or corporations, lessees or other to be blocked.
persons, owning or operating any railroad or part of railroad in this State, are hereby required 事事事
to adopt, put in use and maintain the best known appliances or inventions to fill or block all switches, frogs and guard rails on their roads, in all yards, divisional and terminal stations, and where trains are made up, to prevent as far as possible the feet of employees or other persons from being caught therein. Any company or corporation, lessees or other person, owning or operating any railroad or part of railroad in this State, who shall fail to do any act or thing in this section required to be done, or shall cause any act or thing not to be done, or shall aid or abet any such omission, shall be deemed guilty of a violation of this law, and shall forfeit and pay the sum of ten dollars ($10) for every such offense, and each day
shall constitute a separate and distinct offense. Damages. SEC. 1125. When any employee or other person shall be maimed
or killed, by reason of the noncompliance with the provisions of section 1123, then in any suit for damages which may be instituted against any railroad company, corporation or lessee for such maiming or killing, proof of contributory negligence or carelessness on the part of any employee or other person so maimed or killed shall not relieve such railroad company, corporation or lessee from liability.
CHAPTER 14.—Recovery of wages, etc., due from counties.
SECTION 1800. If a claim against a county be for work and labor Claims for done, or material furnished in good faith by the claimant, under work
bor. contract with the county authorities, or with any agent of the county lawfully authorized, the claimant, if he shall have fulfilled his contract, shall be entitled to recover the just value of such work, labor and material, though such authorities or agent may not, in making such contract, have pursued the form of proceedings prescribed by law.
CHAPTER 15.-Negligence of employees on steamboats, etc.
SECTION 1832. If any master, owner, engineer or pilot of any Operating desteamboat, or engineer, conductor, superintendent or manager fective machinof any railroad train or locomotive engine, shall knowingly run or
ery, etc. cause to be run or operated any engine or machinery, boat or train of cars, when the same or any part thereof is known to be out of repair and unsafe, or shall willfully or negligently run or operate any such engine, boat or train of car's so as to endanger the life of any person, he shall upon conviction, be fined in any sum not exceeding five hundred dollars; and if any accident happen by reason thereof, by which any person is killed, the person so offending shall be deemed guilty of manslaughter in the third degree.
CHAPTER 15.-Seats for female employees.
SECTION 1858., It shall be the duty of all employers of females Seats to be in any mercantile business or occupation to provide and maintain provided. suitable seats for the use of such female employees, at or beside the counter or workbench where employed, and to permit the use of such seats by employees to such an extent as may be reasonable for the preservation of their health; and any violation of this section by any employer shall be deemed a misdemeanor, and, on being convicted, he shall be punished by a fine not exceeding twenty-five dollars.
Sec. 1859. Every person or corporation employing females in Same subject. any manufacturing, mechanical or mercantile establishment in this State shall provide suitable seats for the use of the females so employed, and permit the use of said seats by them when not engaged in the duties for which they are employed.
SEC. 1860. A person or corporation violating the provisions of Penalty. section 1859 of this article shall be punished by a fine of not less than ten dollars nor more than one hundred dollars for each offense.
_('HAPTER 15.-Intorication of employees on public conveyances.
SECTION 1867. Every person who, whilst actually employed in Intoxication driving any stage, coach, wagon, oronibus, hack or other vehicle, of stage drivshall be intoxicated to such a degree as to endanger the safety of ers, etc. any person therein, shall be deemed guilty of a misdemeanor, and shall upon conviction be punished by fine not less than twenty nor more than one hundred dollars.
SEC. 1868. Every person who, whilst actually employed in dis- Engineers, plcharging the duties of a pilot or engineer on any steamboat, or lots, etc. of a conductor or engineer on railroad cars, shall be intoxicated to such a degree as to endanger the safety of such steamboat or cars, or of any person or passenger therein, shall upon conviction be punished by imprisonment in the penitentiary not exceeding
three years, or in the county jail not exceeding one year, or by
fine not exceeding one thousand dollars. Locomotive Sec. 1869. If any person shall, while in charge of a locomotive engineers, etc. engine running upon the railroad of any such corporation, or
while acting as the conductor of a car or train of cars on any such railroad, be intoxicated, he shall be deemed guilty of a misdemeanor.
CHAPTER 15.--Employment offices.
Fees to be re- SECTION 1948. Every person who shall agree or promise, or who turned, when. shall advertise through the public press, or by letter, to furnish
employment or situations to any person or persons, and in pursuance of such advertisement, agreement or promise, shall receive any money, personal property or other valuable thing whatsoever, and who shall fail to procure for such person or persons acceptable situations or employment within the time stated, or if no time be specified, then within a reasonable time thereafter, and who shall fail or refuse to return the money, personal property or other valuable thing so obtained, when the same shall have been demanded by such person or persons, shall be guilty of a misdemeanor.
CHAPTER 15.-Intimidation of employees. Interference
SECTION 2155. Every person who shall, by force, menace or with employ ment.
threats of violence to the person or property of another, compel or attempt to compel any person to abandon any lawful occupation or employment for any length of time, or prevent or attempt to prevent any person from accepting or entering upon any lawful employment, shall, upon conviction, be punished by imprisonment in the county jail not less than six months, or by a fine of not less than one hundred dollars, or by both such fine and imprisonment. Every person who shall, by threats of violence to the person or property of another, compel or attempt to compel any person to abandon any lawful occupation or employment for any length of time, or prevent any person from accepting or entering upon any lawful employment, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not less than fifty dollars, or imprisonment in the county jail not less than three months, or by both such fine and imprisonment.
CHAPTER 15.-False charges against employees. Falsely
SECTION 2165. Every person who shall by any letter, mark, sign porting way employees.
or designation whatever, or by any verbal statement, falsely report to any railroad, or any other company or corporation, or to any corporation, individual or individuals, or to any of the officers, seryants, agents or employees of any such corporation, individual or individuals, that any conductor, brakeman, engineer, fireman, station agent or other employees of any such railroad company, corporation or individual, have received any money for the transportation of persons or property, or shall falsely report by any of the means aforesaid, that any such conductor, station agent or other employee of any railroad company, persons or corporation neglected, failed or refused to collect any property charges for the transportation of persons or property, when it was their duty to do so, shall, on conviction, be adjudged guilty of a misdemeanor.
CHAPTER 15.-Blacklisting. Sending, mak- SECTION 2166. Every person who shall, in this state, send or deIng. etc., black- liver, or shall make or cause to be made, for the purpose of being lists.
delivered or sent, or shall part with the possession of any paper, letter or writing, with or without a name signed thereto, or signed with a fictitious name, or with any letter, mark or other designation, or shall publish or cause to be published any false statement
for the purpose of preventing such other person from obtaining employment in this State or elsewhere, and every person who shall "blacklist " or cause to be “ blacklisted ” any person or persons, by writing, printing, publishing, or causing the same to be done, the name or any mark or designation representing the name of any person in any paper, pamphlet, circular or book, together with any false statement concerning said persons so named, or shall publish that any one is a member of any secret organization, for the purpose of preventing such other person from securing employment, or any person who shall do any of the things mentioned in this section for the purpose of causing the discharge of any person employed by any railroad or other company, corporation, individuals or individual, shall, on conviction, be adjudged guilty of a misdemeanor and punished by a fine not exceeding one thousand dollars, or imprisonment in the county jail, or by both such fine and imprisonment.
CHAPTER 15.—Employment of women in saloons, etc.
SECTION 2185. No owner, proprietor or keeper of any dramshop, Women not to saloon or place where spirituous, malt or vinous liquors are sold be employed. at retail shall employ or suffer to be employed any female other than the wife, daughter, mother or sister of the owner, as a servant, bartender, waiter, dancer or singer in said dramshop or place where spirituous, malt or vinous liquors are sold at retail and any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by imprisonment in the county jail not less than three nor more than twelve months, or by fine of not less than fifty nor more than five hundred dollars, or by both such fine and imprisonment;
CHAPTER 15.--Employment of children.
SECTION 2186. It shall be unlawful for any person having the Acrobatic, care, custody or control of any child under the age of fourteen
occupations. years to exhibit, use or employ, or in any manner, or under any pretense, sell, apprentice, give away, let out or otherwise dispose of any such child to any person in or for the vocation or occupation, service or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging or peddling, or as a gymnast, contortionist, rider or acrobat in any place whatsoever, or for any obscene, indecent or immoral purpose, exhibition or practice whatsoever, or for or in any business, exhibition or vocation injurious to the health or dangerous to the life or limb of such child, or cause, procure or encourage any such child to engage therein. Nothing in this section contained shall apply to or affect the employment or use of any such child as a singer or musician in any church, school or academy, or at any respectable entertainment, or the teaching or learning the science or practice of music. Sec. 2187. It shall also be unlawful for any person to take,
Hiring, etc. receive, hire, employ, use, exhibit or have in custody any child under the age and for the purposes prohibited in section 2186 of this article.
SEC. 2188. Any person convicted under the provisions of the two Penalty. preceding sections shall for the first offense be fined not exceeding one hundred dollars, or imprisoned in the county jail not exceeding three months, or both, in the discretion of the court, and, upon conviction for a second or any subsequent offense, shall be fined in any sum not exceeding five hundred dollars, or imprisoned in the penitentiary for a term not exceeding two years, or both, in the discretion of the court.
Sec. 2189. No child under the age of fourteen years shall be Employment employed in any manufacturing or mechanical establishment in in factoriesthis State wherein steam, water or any other mechanical power is used in the manufacturing process carried on therein, or, where the work to be done by such child would, in the opinion of two