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Company 11able to labor

Notice.

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 contractors for labor, etc.

SECTION 1057. Whenever any contractor for the construction of ers, 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 said railroad therefor; such notice shall be given by said subcontractor, 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 action 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.

Switches,etc., to be blocked.

Damages.

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.

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SECTION 1123. All companies or corporations, lessees or other persons, owning or operating any railroad or part of railroad in this State, are hereby required ** 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.

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.

bor.

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 and lacontract 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 cars 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.

Same subject.

SEC. 1859. Every person or corporation employing females in 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.

CHAPTER 15.-Intoxication of employees on public conveyances.

Intoxication

SECTION 1867. Every person who, whilst actually employed in driving any stage, coach, wagon, omnibus, 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.

Engineers, pl

SEC. 1868. Every person who, whilst actually employed in discharging 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

Locomotive

three years, or in the county jail not exceeding one year, or by fine not exceeding one thousand dollars.

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.

Fees to be re

CHAPTER 15.-Employment offices.

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.

Interference

ment.

CHAPTER 15.-Intimidation of employees.

SECTION 2155. Every person who shall, by force, menace or with employ 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.

Falsely reporting railway employees.

Sending, mak

lists.

CHAPTER 15.-False charges against employees.

SECTION 2165. Every person who shall by any letter, mark, sign 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, servants, 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.

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 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;

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CHAPTER 15.-Employment of children.

Acrobatic, mendicant,etc.,

SECTION 2186. It shall be unlawful for any person having the 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, 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 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.

Hiring, etc.

Penalty.

SEC. 2189. No child under the age of fourteen years shall be Employment employed in any manufacturing or mechanical establishment in in factoriesage limit. this 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

Penalty.

Proviso.

Sunday labor forbidden.

Observance of another day.

Barbering.

when.

reputable physicians in the locality where such work is to be done, be dangerous to the health of such child.

SEC. 2190. Any person, firm or corporation, or its agent, who employs, and any parent or person in charge of such child who permits the employment of such child in violation of this article [sec. 2189], shall be deemed guilty of a misdemeanor, and shall, upon conviction, be fined not less than ten nor more than one hundred dollars, or imprisonment [imprisoned] in the county jail for a period of not less than two days nor more than ten days, or both fined and imprisoned, for each offense: Provided, That extreme poverty of the parent, or person in charge of such child, shall be a good defense to such proceeding.

CHAPTER 15.-Sunday labor.

SECTION 2240. Every person who shall either labor himself, or compel or permit his apprentice or servant, or any other person under his charge or control, to labor or perform any work other than the household offices of daily necessity, or other works of necessity or charity, * * on the first day of the week, commonly called Sunday, shall be deemed guilty of a misdemeanor, and fined not exceeding fifty dollars.

SEC. 2241. The last section shall not extend to any person who is a member of a religious society by whom any other than the first day of the week is observed as a Sabbath, so that he observes such Sabbath, nor to prohibit any ferryman from crossing passengers on any day of the week; SEC. 2245. It shall be a misdemeanor for any person to carry on the business of barbering on Sunday.

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CHAPTER 15.-Protection of employees on street railways—
Inclosed platforms.

Platforms to SECTION 2354. Every electric street car, other than trail cars, be inclosed, which are attached to motor cars, shall be provided during the months of November, December, January, February and March of each year, at the front end, with a screen composed of glass or other material which shall fully and completely protect the driver, motorman, gripman or other person stationed on such front end and guiding or directing said car from wind and storm. SEC. 2355. Any person, agent or officer of any association or corporation violating any of the provisions of section 2354 shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars for each day that any car belonging to or used by such person, association or corporation is permitted to remain unprovided with the screens required by section 2354 of this article.

Penalty.

Death caused

This act is constitutional. 60 S. W. Rep. 1068.

CHAPTER 17.-Right of action for injuries causing death.

SECTION 2864. Whenever any person shall die from any injury by negligence. resulting from or occasioned by the negligence, unskillfulness or criminal intent of any officer, agent, servant or employee whilst running, conducting or managing any locomotive, car or train of cars, or of any master, pilot, engineer, agent or employee whilst running, conducting or managing any steamboat, or any of the machinery thereof, or of any driver of any stage coach or other public conveyance whilst in charge of the same as a driver; and when any passenger shall die from any injury resulting from or occasioned by any defect or insufficiency in any railroad, or any part thereof, or in any locomotive or car, or in any steamboat, or the machinery thereof, or in any stage coach or other public conveyance, the corporation, individual or individuals in whose employ any such officer, agent, servant, employee, master, pilot, engineer or driver shall be at the time such injury is committed, or

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