who owns any such railroad, locomotive, car, stage coach or other public conveyance at the time any injury is received resulting from or occasioned by any defect or insufficiency, unskillfulness, negligence or criminal intent above declared, shall forfeit and pay for every person or passenger so dying, the sum of five thousand dollars, which may be sued for and recovered: First, by the husband or wife of the deceased; or, second, if there be no husband or wife, or he or she fails to sue within six months after such death, then by the minor child or children of the deceased, whether such minor child or children of the deceased be the natural born or adopted child or children of the deceased: * Recovery by an employee is restricted to acts of servants and employees mentioned in the statute, and does not extend to defects in the track. 54 Mo. App. 161. A locomotive engineer and a track repairer are not fellow-servants. The measure of damages recoverable is fixed by the statute at $5,000. 115 Mo. 87. Negligent direction by the person immediately in charge, even if he be not authorized to hire and discharge, entails the liability of the employer for injuries consequent thereon. 115 Mo 165. One can not recover under this section where the injury is clearly the result of the negligence of a fellow-servant. 114 Mo. 397. Though the defective appliance which caused injury was constructed by fellow-servants of the injured employee, the master is not cleared from liability for such defectiveness. 43 Mo. App. 398. Damages. Who may sue. SEC. 2865. Whenever the death of a person shall be caused by a Action sur. wrongful act, neglect or default of another, and the act, neglect vives, when. 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 who or the corporation which would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured. Who may sue. SEC. 2866. All damages aceruing under the last preceding section shall be sued for and recovered by the same parties and in the same manner as provided in section 2864, and in every such action the jury may give such damages, not exceeding five thousand dollars, Damages. as they may deem fair and just, with reference to the necessary injury resulting from such death, to the surviving parties who may be entitled to sue, and also having regard to the mitigating or aggravating circumstances attending such wrongful act, neglect or default. The widow of an employee suing for damages occasioned by his death by reason of the employer's negligence may testify as to the number of her children. 115 Mo. 205. SEC. 2868. Every action instituted by virtue of the preceding Limitation. sections of this chapter shall be commenced within one year after the cause of such action shall accrue. The statute is satisfied if the petition be filed within the period of one year, though no summons be issued until after such period has expired. 128 Mo. 1. CHAPTER 17.-Liability of railroad companies for injuries to employees. ants. SECTION 2873. Every railroad corporation owning or operating a Negligence of railroad in this State shall be liable for all damages sustained by fellow-servany agent or servant thereof while engaged in the work of operating such railroad by reason of the negligence of any other agent or servant thereof: Provided, That it may be shown in defense that the person injured was guilty of negligence contributing as a proximate cause to produce the injury. Vice princi SEC. 2874. All persons engaged in the service of any such railroad corporation doing business in this State, who are intrusted pals defined. by such corporation with the authority of superintendence, control or command of other persons in the employ or service of such corporation, or with the authority to direct any other servant in the performance of any duty of such servant, or with the duty of inspection or other duty owing by the master to the servant, are Fellow - servants defined. vice principals of such corporation, and are not fellow-servants with such employees. SEC. 2875. All persons who are engaged in the common service of such railroad corporation, and who while so engaged, are working together at the same time and place, to a common purpose of same grade, neither of such persons being intrusted by such corporation with any superintendence or control over their fellow employees, are fellow-servants with each other: Provided, That nothing herein contained shall be so construed as to make any agent or servant of such corporation in the service of such corporation a fellow-servant with any other agent or servant of such corporation engaged in any other department or service of such corporation. Contracts SEC. 2876. No contract made between any railroad corporation limiting liabil- and any of its agents or servants, based upon the contingency of ity. the injury or death of any agent or servant, limiting the liability of such railroad corporation for any damages under the provisions of this act, shall be valid or binding, but all such contracts or agreements shall be null and void. Wages to be paid first. This act is constitutional. It applies to receivers in charge of roads as well as to companies. 63 S. W. Rep. 485. Section hands engaged in the repair. etc., of tracks, are engaged in the work of operating a railroad within the meaning of this statute. 71 S. W. Rep. 208. The provisions of this act include street railways. 71 S. W. Rep. 730. 73 S. W. Rep. 686. CHAPTER 26.—Wages preferred—In receiverships. SECTION 3167. When the property of any company, corporation, firm or person shall be seized upon by any process of any court of this State, or when their business shall be suspended by the action of creditors, or be put into the hands of a receiver or trustee, then in all such cases the debts owing to laborers or servants, which have accrued by reason of their labor or employment, to an amount not exceeding one hundred dollars to each employee, for work or labor performed within six months next preceding the seizure or transfer of such property, shall be considered and treated as preferred debts, and such laborers or employees shall be preferred creditors, and shall be first paid in full; and if there be not sufficient to pay them in full, then the same shall be paid to them pro Claims to be rata, after paying costs. Any such laborer or servant desiring to filed. enforce his or her claim for wages under this chapter shall present a statement under oath showing the amount due after allowing all just credits and set-offs, the kind of work for which such wages are due, and when performed, to the officer, person or court charged with such property, within ten days after the seizure thereof on any execution or writ of attachment, or within thirty days after the same may have been placed in the hands of any receiver or trustee; and thereupon it shall be the duty of the person or court receiving such statement to pay the amount of such claim or claims to the person or persons entitled thereto, after first paying all costs occasioned by the seizure of such property, out of the proceeds of the sale of the property seized: Provided. That any person interested may contest any such claim or claims, or any part thereof, by filing exceptions thereto, supported by affidavit, with the officer having the custody of such property; and thereupon the claimant shall be required to reduce his claim to judgment before some court having jurisdiction thereof before any part thereof shall be paid. Proviso. Ninety per This act is constitutional. 40 S. W. Rep. 95. CHAPTER 33.-Exemption of wages from garnishment. SECTION 3435 (as amendend by act approved April 6, 1903; page cent of earn- 199, Acts of 1903). Nor shall any person be charged as ings exempt. garnishee for more than 10 per cent of any wages due from him to a defendant in his employ for the last thirty days' service: Pro- * * The continued payment by a garnishee of the wages earned by his employee does not subject such garnishee to liability when the wages are for services rendered within 30 days prior to the payments made. 48 Mo. 263. Payment by a garnishee of wages properly exempt does not relieve him of his debt to his employee for such wages. 45 Mo. App. 29. SEC. 3447. Hereafter no garnishment shall be issued by any Judgment to court in any cause where the sum demanded is two hundred dol- precede of writ. lars or less, and where the property sought to be reached is wages due the defendant by any railroad corporation, until after judgment shall have been recovered by the plaintiff against the defendant in the action. issue Railroad com SEC. 3448. No railroad corporation shall be required to make answer to any interrogatories propounded to it, in any action pany need not against any person to whom it may be indebted on account of answer, when. wages due for personal services, nor shall any default or other liabilities attach because of its failure to so answer in such cases, where a writ of garnishment was issued or served in advance of the recovery by the plaintiff against the defendant, in any action for two hundred dollars or less; and any judgment rendered against any railroad corporation for its said failure or refusal to make answer to any garnishment so issued or served before the recovery of final judgment in the action between the plaintiff and defendant in the cases mentioned in section 3447, shall be void, and any officer entering said judgment or who may execute the same shall be taken and considered a trespasser and in addition thereto may be enjoined by any court having jurisdiction. CHAPTER 51.—Exemption of wages from attachment, etc.— Exception. SECTION 4327a (added by act approved March 24, 1903; page 240, Acts of 1903). No property shall be exempt from attachment or execution in a proceeding instituted by a married woman for maintenance, nor from attachment or execution upon a judgment or order issued to enforce a decree for alimony. And all wages due to the defendant shall be subject to garnishment on attachment or execution in any proceedings mentioned in this section, whether said wages are due from the garnishee to the defendant for the last thirty days' service or not. CHAPTER 51.-Earnings of married women. No exemption, when. Earnings erty. SECTION 4340. All real estate and any personal property, including rights in action, belonging to any woman at her marriage, or separate propwhich may have come to her during coverture, by gift, bequest or inheritance, or by purchase with her separate money or means, or be due as the wages of her separate labor, or has grown out of any violation of her personal rights, shall, together with all income, increase and profits thereof, be and remain her separate property and under her sole control, and shall not be liable to be taken by any process of law for the debts of her husband. * Certificate re CHAPTER 78.-Examination and licensing of barbers. SECTION 5034 (as amended by act approved March 22, 1901; page 50, Acts of 1901). It shall be unlawful for any person to quired. follow the occupation of a barber in this State, unless he shall have first obtained a certificate of registration, as provided in this chapter: Provided, however, That nothing in this chapter contained shall apply to or affect any person who is now actually engaged in such occupation, except as hereinafter provided: Provided, That the provisions of this law shall not apply to barbers in any city, town or village, containing less than 5,000 inhabitants. H. Doc. 733, 58-2-41 Provisos. aminers. Board of ex- SEC. 5035. A board of examiners, to consist of three persons, citizens of this State for at least three years prior to their appointment, is hereby created to carry out the purposes and to enforce the provisions of this chapter. Such board shall be appointed by the governor, one member from such persons as may be recommended by the Missouri State Barbers' Protective Association; one member from such persons as may be recommended by the Boss Barbers' Protective Association of Missouri, and one member from those persons so recommended by the Journeymen Barbers' Union: Provided, That all barbers must have had a practice of at least five years at the said occupation prior to their appointment. Each member so recommended shall appear before the State board of health, whose duty it shall be to determine whether or not such member possesses sufficient knowledge of contagious and inoculatious diseases to enable such member to pass judiciously upon the qualification of others in the occupation of barber. If said board of health shall reject an appointee, then the governor shall appoint some one else in place of the person so rejected, such appointment to be from the same class of persons from which the first appointment was made. If, on the other hand, the appointment be confirmed by the board, said board shall issue a certificate to that effect, and all appointments made under the provisions of this chapter shall date from the confirmation thereof by said State board. Each member of said board shall serve for a term of three years and until his successor is appointed and qualified, except in the case of the first board, whose members shall serve one, two and three years, respectively, as specified in their appointment. Sanitary Said board shall, with the approval of the State board of health, prescribe such sanitary rules as it may deem necessary with particular reference to the precautions necessary to be employed to prevent the creating and spreading of infectious or contagious diseases. A copy of such rules shall be furnished each person to whom a certificate of registration is granted. Each member of said board shall, before entering upon the discharge of his duties, give a bond in the sum of five thousand dollars, with a surety or sureties to be approved by the secretary of state, conditioned for the faithful performance of his duties, and shall take the oath provided by law for public officers. Vacancies upon said board caused by death, resignation or expiration from any cause of the term of any member thereof, shall be filled by appointment from the same class of persons to which the deceased or retiring member belonged. rules. Organization. Compensa tion. Reports. SEC. 5036. Said board shall elect a president, secretary and treasurer, shall have its headquarters at such place in the State as the board may determine; shall have a common seal, and the secretary and president shall have the power to administer oaths. A majority of said board may, in meeting duly assembled, perform the duties and exercise the powers devolving upon said board under the provisions of this chapter. SEC. 5037. Each member of said board shall receive a compensation of three dollars per day for his services, and also railroad fare and such other traveling expenses as may be necessary, in the proper discharge of his duties, and shall be paid out of any money in the hands of the treasurer of the said board. Said board shall also be allowed for such other expenditures and outlays, payable out of moneys in the hands of its treasurer, as shall be reasonable and proper for the discharge of their duties, and to carry out the provisions of this chapter. SEC. 5038. Said board shall report to the legislature of this State at each of its regular meetings a full statement of the receipts and disbursements of the board during the preceding two years; a full statement of its doings and proceedings and such recommendations as it may deem proper, looking to the better carrying out of the intent and purposes of this chapter. Any money in the hands of the treasurer of said board at the time of making such report, in excess of five hundred dollars, shall be paid over to the State treasurer for the maintenance of the public schools of this State. Examina SEC. 5039. Such board shall hold public examinations at least four times in each year, at such times and places as it may doem tions. advisable, notice of such meetings to be given by publication thereof at least ten days prior to such meetings, in at least two newspapers published in this State, in the locality of each proposed meeting. Certificate nation. SEC. 5040. Every person now engaged in the occupation of barber in this State shall, within ninety days after the approval of without examithis chapter, file with the secretary of said board an affidavit, setting forth his name, residence and the length of time during which and the place where he has practiced such occupation, and shall pay to the treasurer of said board one dollar; and a certificate of registration entitling him to practice the said occupation for the fiscal year ending January thirty-first, 1900, thereupon shall be issued to him, and the holders of such certificates shall, within thirty days after the expiration of their respective certificate, make application for the renewal of the same, stating the number of expiring certificate, and shall in each case pay to the treasurer of said board the sum of one dollar therefor. For any and every license or certificate given or issued by the board a fee of one dollar shall be paid by the person receiving the same. SEC. 5041. Any person not following the occupation of a barber Requirements at the time this chapter goes into operation, desiring to obtain of applicants. a qualified certificate of the said occupation in this State, shall make application to said board therefor and shall pay to the treasurer of said board an examination fee of five dollars and shall present himself at the next regular meeting of the board, for the examination of applicants, whereupon said board shall proceed to examine such person, and, being satisfied that he is above the age of nineteen years, of good moral character, free from contagious or infectious diseases, has either studied the trade for two years as an apprentice, under a qualified and practicing barber, or studied the trade for at least two years in a properly appointed and conducted barber school or college, under the instructions of a qualified barber, or practiced the trade in another State for at least two years, and is possessed of the requisite skill in said trade to properly perform all the duties thereof, including his ability in the preparation of the tools, shaving, hair cutting, and all the duties and services incident thereto, and is possessed of sufficient knowledge concerning the common diseases of the face and skin to avoid the aggravation and spreading thereof in the practice of said trade, shall enter his name in the register hereafter provided for, and shall issue to him a certificate of registration, authorizing him to practice said trade in this State: Provided, That whenever it appears that applicant has acquired his knowledge of said trade in a barber school or college the board shall be judges of whether said barber school or college is properly appointed and conducted and under proper instructions to give sufficient training in said trade. All persons making such application for examination under the provisions of this chapter shall be allowed to practice the occupation of barbering until the meeting for the next regular examination by the said board, and no longer, and the secretary shall give him a permit to do so: Provided, however, That such time may be extended by the board for good cause shown. SEC. 5042. Nothing in this chapter shall prohibit any person Apprentices. from serving as an apprentice in said trade under license issued by the board under a barber authorized to practice in the same, under this chapter, nor from serving as a student in any school or college for the teaching of said trade, under the instructions of a qualified barber: Provided, That in no barber shop shall there be more than one apprentice to two barbers, authorized under this chapter to practice said occupation, but all barber shops having but one chair shall be entitled to one apprentice: And provided, That all barber schools or colleges shall keep prominently displayed a sign, barber college or barber school, and no other |