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certificate, shall take, subscribe and file, in the office of the secre
tary of state, the constitutional oath of office,
tion the sum of five dollars for each day necessarily and actually
said board. Organization.
SEC. 4. The first meeting of said board shall be held within thirty days after their appointment as aforesaid, at a time and place to be fixed by a majority thereof, who shall give suitable notice thereof to all the members of said board. At such meeting the board may adopt a common seal, and shall elect from among its members a president, a secretary and a treasurer. The treasurer shall receive all fees paid for licenses or certificates, and shall keep a record thereof and of all disbursements of said board, in a book to be kept for that purpose. The treasurer shall not pay out or disburse any of the moneys so received by him except upon the order of the board. Before entering upon the performance of his duties the treasurer shall file with the State comptroller a bond with sufficient sureties to the people of the State of New York, in the penal sum of ten thousand dollars, to be approved by the State comptroller, conditioned that he will well and truly pay over all moneys received by him according to law and in compliance with the provisions of this act, and that he will otherwise faithfully
discharge the duties of his office.
subboards of examiners, in such cities and villages of this state,
to the persons who have qualified in said examinations.
barber in this State, unless such person shall have first received
York shall be liable.
shall pay to the treasurer of the said board of examiners the sum
under the provisions of this act, in a book provided for that purpose, with the names arranged in alphabetical order, and said book shall be at all times open to public inspection.
Sec. 8. Every person now engaged in the business of a barber in Registry. this State shall, within three months after the passage of this act, file an affidavit with the secretary of said board, setting forth his or her name, place of business, post-office address, the length of time he has been engaged in the business of a barber, and pay to the treasurer the sum of one dollar, for the certificate provided for in this act.
SEC. 9. Said board shall furnish to each person to whom a cer- Card tificate of registration is issued, a card or insignia bearing the seal displayed. of the board and the signatures of its president and secretary, certifying that the holder thereof is entitled to practice the occupation of a barber in this State, and it shall be the duty of the holder of such card or insign[i]a to post the same in a conspicuous place in the shop or place where he is working, where it may be readily seen by all persons whom he or she may serve.
Sec. 10. Said board of examiners shall have power to revoke any Revocation of certificate of registration granted by it under this act, for (a) con- certificate. viction of felony: (b) habitual drunkenness for six months immediately preceding a charge duly made: (c) gross incompetence or (d) the use of unclean towels, cups or any other unclean utensils used by barbers which are liable to spread contagious or infectious diseases: Provided, That before any certificate shall be so revoked the holder thereof shall have notice in writing of the charge or charges against him or her, and shall at a day and place specified in said notice, at least ten days after the service thereof, be given a public hearing and full opportunity to produce testimony in his or her behalf or to confront the witnesses against him or her. Any person whose certificate has been so revoked, may, after the expiration of three months, apply to have the same regranted, and the same shall be regranted to him or her upon a satisfactory showing that the disqualification has ceased.
Sec. 11. The board sball cause to be made and filed with the Annual State comptroller, on or before the first day of December of each port. year, a report showing the receipts and disbursements of said board and the balance in the hands of the treasurer of said board, together with a statement of the amount of such balance necessary to be held in the hands of the said treasurer to meet the expenses of the ensuing year. The comptroller shall thereupon make and file in his office an estimate of the amount of such balance necessary to be held by said board for the purposes hereinbefore stated, which sum may be retained by said board for said purposes and the balance of said surplus paid by the treasurer of said board into the State treasury.
SEC. 12. Upon the report of a member of the State board of exam- Unsa nitary iners duly appointed as herein provided, or of a member of a sub- shops. board of examiners in any city or village of the State, that a barber shop is in an unsanitary condition, said State board of examiners shall be empowered to call upon the State or local board of health, to declare such shop a public nuisance, and should the proprietor of said shop fail to abolish said nuisance within a period of thirty days after notice to do so by either the State or local board of health, the board of examiners provided for in this act shall be empowered to call upon the aforesaid board of health to abolish the aforenamed public nuisance.
SEC. 13. To shave, trim the beard, or cut the hair of any person Definition. for hire or reward, received by the person performing such service, or any other person, shall be construed as practicing the occupation of a barber within the meaning of this act. This act shall not in any way apply to or affect any person who is now occupied or working as a barber in this State, nor any person employed in a barber shop or an apprentice, except that a person so employed less than three years prior to the passage of this act, shall be consid
H. Doc. 733, 58-2—454
ered an apprentice, and at the expiration of such three years of such employment shall be subject to the provisions of this act.
Sec. 14. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars or imprisonment in the county jail for a period of not less than thirty days, or by both such fine and imprisonment.
CODE OF 1883.
Right ac crues, when.
CHAPTER 33.-Right of action for injuries causing death. SECTION 1498. Whenever the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured party had lived, have entitled him to an action for damages therefor, the person or corporation that would have been so liable, and his or their executors, administrators, collectors or successors, shall be liable to an action for damages, to be brought within one year after such death, by the executor, administrator or collector of the decedent; and this notwithstanding the death, and although the wrongful act, neglect or default, causing the death, amount in law to a felony.
SEC. 1499. The plaintiff in such action may recover such damages as are a fair and just compensation for the pecuniary injury resulting from such death.
CHAPTER 49.—Liability of stockholders of railroad corporations
for debts due employees.
Stockholders SECTION 1940. * all the stockholders of any such comliable for wage debts.
pany shall be jointly and severally liable for the debts due or owing to any of its laborers and servants, other than contractors, for personal services for thirty days' service performed for such company, but shall not be liable to an action therefor before an execution shall be returned unsatisfied in whole or in part against the corporation, and the amount due on such executions shall be the amount recoverable with costs against such stockholders; before such laborer or servant shall charge such stockholder for
such thirty days' services he shall give him notice in writing Limitation. within twenty days after the performance of such service that he
intends so to hold him liable and shall commence such action therefor within thirty days after the return of such execution unsatisfied as above mentioned; and every such stockholder, against whom any such recovery by such laborer or servant shall have been had, shall have a right to recover the same of the other stockholders in said corporation in ratable proportion to the amount of the stock they shall respectively hold with himself. CHAPTER 49.—Liability of railroad companies for debts of con
tractors for labor.
Laborer may SECTION 1942. As often as any contractor for the construction give notice.
of any part of a railroad which is in progress of construction shall be indebted to any laborer for thirty or less number of days' labor performed in constructing said road, such laborer may give notice of such indebtedness to said company in the manner herein provided, and said company shall thereupon become liable to pay such laborer the amount so due him for such labor, and an action may be maintained against said company therefor. Such notice shall be given by said laborer to said company within twenty days after the performance of the number of days' labor for which the claim is made. Such notice shall be in writing, and shall state the amount and number of days' labor and the time when the labor was performed for which the claim is made, and the name of the contractor from whom due, and shall be signed
by such laborer, or his attorney, and shall be served on an engi- Service, etc. neer, agent or superintendent employed by said company having charge of the section of the road on which such labor was performed, personally, or by leaving the same at the office or usual place of business of such engineer, agent or superintedent, with some person of suitable age. But no action shall be maintained against any company under the provisions of this section, unless the same is commenced within thirty days after notice is given Limitation. to the company by such laborer as above provided.
A claimant under this section must show a substantial compliance with its terms as regards notice. A laborer who has so complied can assign his claim and his assignee can sue on it. The section does not include payments for materials. 112 N. C. 236.
CHAPTER 49.-Intoxication of railroad employees. SECTION 1972 (as amended by chapter 114, Acts of 1891). If any Intoxication person shall, while in charge of a locomotive engine running upon of engineer,etc. the railroad of any such corporation or while acting as the conductor or brakeman of a car or train of cars on any such railroad, be intoxicated, he shall be guilty of a misdemeanor.
CHAPTER 49.-Sunday labor-Railroads. SECTION 1973 (as amended by chapter 92, Acts of 1885, and char- Running of ter 126, Acts of 1897). No railroad company shall permit the load trains regu. ing or unloading of any freight car on Sunday; nor shall permit any car, train of cars, or locomotive to be run on Sunday on any railroad, except such as may be run for the purpose of transporting the United States mails, and passengers with their baggage, and ordinary express freight in an express car exclusively, and except such as shall be run for the purpose of transporting fruits, vegetables, live stock and perishable freights exclusively: Provided, That the word Sunday in this section shall be construed to
Definition. embrace only that portion of the day between sunrise and sunset; and that trains in transitu, having started on Saturday, may, in order to reach the terminus or shops, run until nine o'clock a. m. on Sunday, but not later, nor for any other purpose than to reach the terminus or shops. And any railroad company violating this section shall be guilty of a misdemeanor in each county in which such car, train of cars or locomotive shall run, or in which any such freight car shall be loaded or unloaded ; and upon conviction shall be fined not less than five hundred dollars for each offense; the fine when collected to be paid to the State treasurer for the use of the public schools,
This section is constitutional. 25 S. E. Rep. 862.
CHAPTER 33.-Enticing employees.
SECTION 3119. If any person shall entice, persuade and procure Procuring any servant by indenture, or any servant who shall have con- violation of tracted in writing or orally to serve his employer, to unlawfully contract, etc. leave the service of his master or employer; or, if any person shall knowingly and unlawfully harbor and detain, in his own service and from the service of his master or employer, any servant who shall unlawfully leave the service of such master or employer; then, in either case, such person and servant may be sued, singly or jointly, by the master, and, on recovery, he shall have judgment Damages. for the actual double value of the damages assessed.
Sec. 3120. In addition to the remedy given in the preceding sec- Penalty. tion against the person and servant violating the preceding section, such person and servant shall also pay a penalty of one hundred dollars to any person suing for the same, singly or jointly, onehalf to his use and the other to the use of the poor of the county where suit is brought, and the offender shall be guilty of a misdemeanor and fined not exceeding one hundred dollars or imprisoned not exceeding six months.
CHAPTER 61.–Sunday labor.
Sunday labor, SECTION 3782. On the Lord's day, commonly called Sunday, no etc., forbidden. trade[s]man, artificer, planter, laborer, or other person, shall, upon
land or water, do or exercise any labor, business or work, of his ordinary calling, works of necessity and charity alone excepted, nor employ himself in hunting, fishing, or fowling, nor use any game, sport or play, upon pain that every person so offending, being of the age of fourteen years and upwards, shall forfeit and pay one dollar.
ACTS OF 1887.
CHAPTER 145.–Licensing of stevedores-Protection of wages of
Owners to see SECTION 1. In all cases where steamships or steam vessels or that laborers vessels of any kind are loaded or unloaded or where any work is are paid;
done in or about the same by the contractors to do the same known as stevedores or “ boss stevedores,” who in doing the same shall employ laborers to assist or do the work by the hour, day, week or month, it shall be the duty of the owner or owners, agent or agents of the vessel or vessels aforesaid to see that the laborers employed in or about the same by the stevedore, contractor or " boss stevedore” are fully paid the wages that may be due such laborer before he or they shall make final settiement with the
contractor, stevedore or "boss stevedore.” May refuse SEC. 2. The said owner or agent, in order to comply with the to settle;
first section of this act, shall have power to refuse final settlement with the "boss stevedore” or contractor until he or they shall satisfy the said owner or agent, by written oath if necessary, that
the same has been done. May pay off SEC. 3. In order further that the owner or agent may comply orders.
with the provisions of this act it shall be lawful for him or them to pay off from time to time such orders for wages as may due [sic] and given therefor in favor of the laborers by the contractor or stevedore, which on final settlement may be deducted from the
contract price. Liability for SEC. 4. Any owner or agent of the vessel or vessels aforesaid noncompliance. who shall neglect or refuse to comply with the provisions of this
act shall be liable to such laborers in a civil action for the amount of the wages so due him or them by the contractor, stevedore or
“ boss stevedore." False oath by Sec. 5. Any contractor, stevedore or "boss stevedore” who shall stevedore.
make any false oath or false representation with intent to wrong, cheat or defraud any laborer as contemplated in the provisions and purview of this act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as is now prescribed by law
for perjury. License re- SEC. 6 (added by chapter 450, Acts of 1891, amended by chapter quired. 595, Acts of 1899). No person or corporation shall engage in the
business of loading or unloading vessels upon contract, nor shall any person or corporation solicit or make any contract for himself or itself or for any other person to load or unload any vessel or vessels, either by days' work or by the job, without having previously obtained a license from the sheriff in the manner provided by the code,
Any person or corporation violating any of the provisions of this section shall be guilty of a misdemeanor and shall be fined or imprisoned or both at the discretion
of the court. Tax.
Sec. 7 (added by chapter 450, Acts of 1891). Before the sheriff
shall issue the said license the applicant shall pay to the sheriff Bond. an annual tax of fifty dollars, and shall execute a bond with two
or more approved sureties in the sum of two thousand dollars payable to the State of North Carolina, and conditioned for the faithful performance of his duties and the due and lawful pay