« ForrigeFortsett »
and one of them shall be chosen treasurer, and such directors and officers shall hold their respective offices until their successors are duly qualified; and such society shall also have a secretary and such other officers, agents and factors as may be necessary to carry on its business, and shall choose them in the manner prescribed in
the by-laws thereof. First ineet
SEC. 5. The first meeting of such society shall be called by a notice signed by a majority of the persons named in the certificate of association, and designating the time, place and purpose of the meeting, and shall be personally served on all the persons signing said certificate, or by advertisement in a newspaper published in the county where such society shall have been incorporated, if such personal service can not be made; and at such meeting so called, or at any adjourned meeting thereof, a majority of the persons so signing shall constitute a quorum for the transaction of business, and shall have power to elect the directors and other officers provided for in section fourth (4) of this act, who shall serve until their successors duly qualify, and to adopt by-laws,
rules and regulations for the government of such society. By-laws. Sec. 6. The by-laws of such society shall provide :
IV. Whether the shares, or any number of them, shall be transferable, and in case it be determined that the same shall be transferable, provision for their transfer and registration, and the consent of the board of directors to the same; and in case it be determined that the shares shall not be transferable, provision for paying to members the balance due to them on withdrawal, or of paying nominees in cases hereinafter mentioned.
V. How members may withdraw from the society.
SEC. 8. Every society incorporated under this act shall have a registered office to which all communications and notices may be addressed, and notices in writing of the location of such office, and of any change therein, shall be filed with the chief of the bureau of statistics of labor and industries, and in the office of the clerk
of the county where the office of such society is located. Stock.
SEC. 9. The capital stock of such society shall be divided into shares the par value of which shall not be more than fifty (50) dollars, and no share shall be issued for less than its par value; and no certificate of shares shall be issued to any member until
the shares are fully paid up. Votes.
Sec. 10. No member of such society shall be entitled to more than one vote upon any subject, which yote must be cast in person; and the board of directors shall have power, unless otherwise provided in the by-laws of the society, to fix and regulate the
number of shares to be held by any one member. Interest in Sec. 11. Any society incorporated under this act may hold in its other society. corporate name any amount of interest in any other society
through which its products are disposed of or its supplies secured: Proviso. Provided, That such interest so held shall not exceed one-third in
value of the paid-up capital of the society holding said interest. Annual state- SEC. 12. The board of directors of every society incorporated
under this act shall annually make a statement in writing of the condition of such society, setting forth the amount of capital stock, the number of shares issued and the par value thereof, the number of stockholders and the number of shares held by each, the amount and character of the property of the society and of its debts and liabilities; and said statement shall be signed and sworn to by a majority of directors, including the treasurer, and filed in the office of the clerk of the county where the principal office of such society is located, and immediately thereafter a copy of such statement shall be forwarded to the chief of the bureau of statistics of labor and industries, who, if he shall have reason to doubt the correctness of such statement, or upon the written request of five members of such society, shall cause an examination of the
books and affairs of such society to be made and render a correct statement to the members thereof; and every member or creditor thereof shall be entitled to receive from the secretary a copy of such annual statement; and every director or other officer refusing to comply with the requirements of this section, or making and signing a false annual statement of the condition of the society, shall forfeit for each offense the sum of one hundred dollars, to be recovered in an action of debt in any court of competent jurisdiction in this State by any member or creditor of the society who shall sue for the same.
SEC. 13. Any member or other person having an interest in the Books to be fund of any such society may inspect the books thereof, at all open. reasonable hours, at the office thereof.
Sec. 14. There shall be such distribution of the profits of such Distribution society, among the workmen, purchasers and members, as shall be of profits. prescribed in the certificate of association, at such times as therein prescribed, as often at least as once in twelve months ; Provided, Proviso. That no such distribution shall be made until a sum equal to five per centum of the net profits shall have been appropriated for a contingent or sinking fund, and that such appropriation shall continue to be made until there shall be accumulated a sum equal to thirty per centum of the capital stock of such society.
SEC. 15. Any member of such society, by a writing under his Nomination of hand, delivered at the office of the society, may nominate any per- successor. son, being the husband, wife, father, mother, child, brother, sister, nephew or niece or other relative of such member, to whom his or her share or shares of the capital stock of the society shall be transferred at his or her decease, and from time to time may revoke or vary such nomination, by a writing similarly delivered ; and such society shall keep a book, wherein the names of all persons so nominated, and the number of shares to be transferred shall be recorded : Provided, nevertheless, That in lieu of making such Proviso. transfer, the society may provide for payment to all such nominees of the full value of shares intended to be transferred : Provided, also, That if by the by-laws of the society the shares are transferable, this section shall not be construed to forbid the transfer of such shares by sale or will or otherwise subject to the consent of the board of directors.
SEC. 16. Any such society may be dissolved in the manner in Dissolution. which any other corporation may be dissolved under existing laws.
SEC. 17. Where the whole capital of such society shall not have Unpaid shares been paid in, and the assets of such society shall be insufficient for liable for debts. the payment of its debts, liabilities and obligations, each stockholder shall be bound to pay on each share held by him the sum necessary to complete the amount of such share, as fixed in the certificate of association, or such proportion as shall be required to satisfy such debts, liabilities and obligations: Provided, how- Proviso. ever, That no such contribution shall be required from any person after the expiration of one year from the time he has ceased to be a member, or for any debt, liability or obligation contracted after he has ceased to be a member of such society.
Right of action for injuries causing death.
SECTION 10. Whenever the death of a person shall be caused by Negligence wrongful act, neglect, or default, and the act, neglect, or default causing death. 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 Liability surof the person injured, and although the death shall have been
vives, when. caused under such circumstances as amount in law to felony.
The term corporation as contained in this section includes within its meaning the boards of chosen freeholders of counties. 28 Vr. 245,
Who may sue. Sec. 11. Every such action shall be brought by and in the names
of the personal representatives of such deceased person; and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the propor
tions provided by law in relation to the distribution of personal Damages. property left by persons dying intestate; and in every such action
the jury may give such damages as they shall deem fair and just, with reference to the pecuniary injury resulting from such death
to the wife and next [of] kin of such deceased person : Provided, Limitation, That every such action shall be commenced within twelve calendar
months after the death of such deceased person.
If the deceased leave no widow surviving, an action may be maintained by his personal representatives for the benefit of the next of kin. 2 tr. 349.
Damages recoverable for the death of any person are limited to such as arise from pecuniary injury, resulting from the death, to the widow and next of kin. 18 Vr. 28.
Fire escapes on factories, etc.
SECTION 214. All buildings now or hereafter erected in which to be erected. twenty or more persons live or congregate or are employed, tem
porarily or otherwise, above the first or ground floor thereof, shall have one or more, as the proper authority shall direct, external wrought iron fire escapes, of such dimensions and character and subject to such regulation and construction as the said proper
authority shall designate. Enforcement. Sec. 215. In all incorporated municipalities the board of alder
men, city council or borough commissioners shall provide for the
enforcement of the provisions of this act by ordinance. Same subject. SEC. 216. In all sections outside of incorporated municipalities
township committees shall have power to enforce the provisions of this act.
Liability of stockholders of gaslight companies for debts due
Liability for Section 16. The stockholders of any [gaslight] company organ. debts for labor. ized under the provisions of this act, shall be jointly and severally
individually liable for debts that may be due and owing to all their laborers, servants and apprentices for services performed for such corporation.
Seats for female employees.
(l'age 1675.) SECTION 217. Every person or corporation employing female employees in any manufacturing, mechanical or mercantile establishment in this State shall provide suitable seats for the use of the female employees so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed.
SEC. 218 (as amended by chapter 192, Acts of 1898). Any person or corporation who shall be guilty of any violation of the provisions of this act shall be liable to a penalty of fifty dollars for each offense: Provided, That ten days' notice in writing shall be given by any person or persons who may choose to do so, to any person or persons or corporation violating this act, that they are required to comply with the provisions of the first section of this act (sec. 217], and any person or corporation failing to comply therewith upon or before the expiration of ten days from the date of service of such notice, shall be liable to the said penalty of fifty
dollars for each offense, to be recovered in an action of debt in any district court in any city or before any justice of the peace having jurisdiction in civil causes;
Bureau of labor.
(Page 1899.) SECTION 1. There shall be appointed from this State, on nomina- Chief to be tion of the governor, to be confirmed by the senate, some suitable appointed. person to act as chief of, and who shall constitute a bureau of statistics, with headquarters in the State house, who shall hold his office for five years until his successor is appointed.
SEC. 2. The duties of such bureau shall be to collect, assort, sys- Duties of butematize and present in annual reports to the legislature, on or before the last day of October in each year, statistical details relating to all departments of labor in the State, especially in its relations to the commercial, industrial, social, educational and sanitary conditions of the laboring classes, and in all suitable and lawful ways foster and enlarge our manufacturing and every other class of productive industry, with the view to their permanent establishment upon a prosperous basis, both to the employer and the employed.
tion, dred dollars annual salary,
Employment of children--Inspector of factories.
(Page 1900.) SECTION 11 (as amended by chapter 201, Acts of 1903). No child
Age limit. under the age of fourteen years shall be employed in any factory, workshop, mine or establishment where the manufacture of any goods whatever is carried on. SEC. 14. Every manufacturer, merchant or other employer, em
Penalty. ploying any person contrary to the provisions of this act, or who shall be guilty of any violation hereof, shall be liable to a penalty of fifty dollars for each offense, to be recovered in an action of debt in any district court in any city, or before any justice of the peace having due jurisdiction, and that any parent or guardian, who knowingly permits the employment of such child or children, shall be liable to a like action to a penalty of not more than fifty dollars, as the court shall fix;
an affidavit of the age of any minor, made by its parent or guardian at the time of its
Evidence. employment, shall be conclusive evidence of the age of such minor upon any trial against a manufacturer or employer for the violation of this act, but any parent or guardian that shall knowingly swear falsely in such affidavit shall be guilty of perjury, and the inspector or deputy inspector shall be authorized, in case they shall find any minor employed under any false affidavit given as aforesaid, to order and compel such minor to desist from work; the provisions of this act in relation to the hours of employment shall not apply to or affect any person engaged in preserving perishable goods in fruit canning establishments. SEC. 15. The governor shall
appoint, with the advice Inspector. and consent of the senate, some suitable person, who shall be a resident and citizen of this State, as inspector said inspector shall be empowered to visit and inspect, at all reasonable hours and as often as practicable, the factories, workshops, mines and other establishments in the State where the manufacture or sale of any kind of goods is carried on, and to report to the governor of this State * ; it shall also be the duty of said inspector to enforce the provisions of this act and prosecute all violations of the same
H. Doc. 733, 58-2-48
Duties, etc. Sec. 19. The title of the inspector
and the deputies hereinafter provided for, shall be respectively “factory and workshop inspector” and “ deputy inspectors," and it shall be their duty to enforce the provisions of this act, and all other laws relating to the sanitary condition of factories and workshops, and to the employnient, safety, protection and compulsory attendance at school of minors, and to institute all suits or actions in the name of the inspector * * , but no actions shall be begun by any
deputy inspector without the written direction of the inspector l'hysician's SEC. 21. The inspector and his deputies shall have power to decertificate.
mand a certificate of physical fitness from some regular practicing physician in the case of minors who may seem to them physically unable to work, and shall have power to prohibit the employment
of any minor that can not obtain such a certificate. Certificate of
SEC. 22. Any parent or guardian, when so required by the inspector, or one of his deputies, shall furnish to such inspector or deputy a certificate from the office of registration of births, or in the absence of such certificate, an affidavit or affidavits of the age of such minor, and if anyone shall knowingly swear falsely in any such affidavit, the person or persons so swearing shall be guilty
of perjury, and liable to indictment and punishment accordingly. Inspectors' Sec. 27. The inspector of factories and workshops and his depucertificates.
ties shall be furnished with certificates of authority by the secretary of state, and they shall produce the same if so requested by
any occupier of a factory, mine, workshop or establishment. Impersonat SEC. 28. It will be illegal for anyone to personate an inspector ing inspector. of factories or forge his certificate of authority. Hindering in
Sec. 29. It will be illegal for anyone to delay the factory spectors.
inspectors in the exercise of their duties, or conceal or attempt to
conceal any child or children from examination by the inspectors. Penalty. Sec. 30. Every manufacturer, merchant or other person who
shall be guilty of any violation of the provisions of this act, shall
be liable to a penalty of fifty dollars for each offense, Deputy in
SEC. 33. The governor shall have power to appoint six suitable spectors.
persons as deputy inspectors of factories and workshops,
but shall at all times be governed by and subject to the control of the
inspector: Discharge. SEC. 34. The inspector of factories and workshops shall have
power to discharge any deputy inspector for cause, and upon such discharge the term of the said deputy inspector sball cease : Provided, That no deputy inspector shall be discharged without the consent of the governor.
(Supple.nent. Chapter 66, acts of 1903.) Governor 1. The factory and workshop inspector appointed under the proappoint; visions of the act to which this act is a supplement [secs. 11, 14,
15, supra) shall hereafter be appointed by the governor, and shall be answerable to the governor for the faithful discharge of his
duties. May suspend, 2. For any neglect or failure to perform his duties, the factory etc.
or workshop inspector shall be subject to immediate suspension by the governor and loss of pay for such time as the governor may think proper; and he may also be discharged by the governor, in his discretion, after being given an opportunity to make a statement and present evidence in his defense, and if so discharged, the term of said inspector shall end with the date on which he is discharged.
Inspection of mines by factory inspector.
Inspection of SECTION 37. The “ factory and workshop inspector" shall heremines; after, in addition to the duties already imposed upon him by law,