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obtained, from any other person or corporation, is guilty of a misdemeanor.
SEC. 7042. Every corporation, officer, agent or employee thereof, and every person of any corporation on behalf of such corporation, who exchanges with or furnishes or delivers to any other corporation or any officer, agent, employee or person thereof, any “blacklist," is guilty of a misdemeanor.
CHAPTER 18.—Negligence of operators of steam boilers.
SECTION 7091. Every engineer or other person having charge of Negligence any steam boiler, steam engine or other apparatus for generating causing death. or employing steam, employed in any manufactory, railway or other mechanical works, who willfully or from ignorance or gross neglect creates or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine or apparatus, or to cause any other accident whereby the death of a human being is produced, is guilty of manslaughter in the second degree.
CHAPTER 39.-Negligence of operators of steam boilers.
SECTION 7254. Every engineer or other person having charge of Negligence any steam boiler, steam engine or other apparatus for generating life.
end angering or employing steam, employed in any manufactory, railway or other mechanical works, who willfully or from ignorance or gross neglect, creates or allows to be created such an undue quantity of steam as to burst or break the boiler or engine or apparatus or cause any other accident whereby human life is endangered, is guilty of a misdemeanor.
CHAPTER 40.--Into.rication, etc., of railroad employees.
SECTION 7320. Every person who, while in charge as engineer, of Intoxication a locomotive engine, or while acting as conductor or driver upon
of engineer,etc. a railroad train or car, whether propelled by steam or drawn by horses, is intoxicated, is guilty of a misdemeanor.
SEC. 7321. Every engineer, conductor, brakeman, switch tender Violations of or other officer, agent or servant, of any railroad company, who is duty. guilty of any willful violation or omission of his duty as such officer, agent or servant, by which human life or safety is endangered, the punishment for which is not otherwise prescribed, is guilty of a misdemeanor.
CHAPTER 71.-Intimidation of employers and employees.
SECTION 7660. Every person who, by any use of force, threats Intimidating or intimidation, prevents or endeavors to prevent any hired fore- laborers ; man, journeyman, apprentice, workman, laborer, servant or other person employed by another, from continuing or performing his work, or from accepting any new work or employment, or to induce such hired person to relinquish his work or employment, or to return any work he has in hand before it is finished, is guilty of a misdemeanor.
SEC. 7661. Every person who, by any use of force, threats or Employers; intimidation, prevents or endeavors to prevent another from employing any person, or to compel another to employ any person, or to force or induce another to alter his mode of carrying on business, or to limit or increase the number of his hired foremen, journeymen, apprentices, workmen, laborers, servants or other persons employed by him, or their rate of wages or time of service, is guilty of a misdemeanor. SEC. 7662. In all cases when two or more persons
Mine laborshall enter upon or into any lode, gulch, placer claim or quartz ers. mill or other mining property, or, not being upon such property but within hearing of the same, shall make any threats or make use of any language, sign or gesture calculated to intimidate any person or persons at work on said property from continuing work
thereon or therein, or to intimidate others from engaging to work thereon or therein, every such person so offending, shall, upon conviction, be punished by imprisonment in the county jail not exceeding six months and not less than thirty days, and by fine not exceeding two hundred and fifty dollars, such fine to be discharged either by payment or by confinement in such jail until such fine is discharged at the rate of two dollars and fifty cents per day. On trials under this section, proof of a common purpose of two or more persons
to intimidate laborers as above set forth, accompanied or followed by any of the acts above specified, by any of them, shall be sufficient evidence to convict any one committing such acts, although the parties may not be associated together at the time of committing the same.
CHAPTER 71.—Employment of women and children-Hours of labor. Limit of ten SECTION 7666. Every owner, stockholder, overseer, employer,
clerk or foreman, of any manufactory, workshop or other place used for mechanical or manufacturing purposes, who, having control, shall compel any woman or any child under eighteen years of age, or permit any child under fourteen years of age, to labor in any day exceeding ten hours, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by fine not exceeding one hundred and not less than ten dollars.
ACTS OF 1901.
CHAPTER 30.—Eramination and licensing of barbers.
Barbers to SECTION 1. It shall be unlawful for any person to follow the have
certifi- occupation of barber in this State unless he shall have first obcate.
tained a certificate of registration as provided in this act: Provided, however, That nothing in this act contained shall apply to or affect any person who is now actually engaged in such occupa
tion, except as hereinafter provided. Board of ex- Sec. 2. A board of examiners to consist of three (3) persons is
hereby created to carry out the purposes and enforce the provisions of this act. Said board shall be appointed by the governor, and each person appointed to act on said board must be a practical barber, who has been practicing his profession in the State of North Dakota for the past five (5) years.
Each member of the board shall serve for a term of two (2) years and until his successor is appointed and qualified, except in the case of the first board, whose members shall serve one (1), two (2) and three (3) years respectively, as specified in their appointment.
Each member of said board shall give a bond of five thousand ($5,000) dollars with 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 on said board caused by death, resignation or expiration of the term of any member thereof, shall be filled by appointment from the same class of persons to which the deceased or retiring mem
ber belonged. Organization. SEC. 3. Said board shall elect a president, secretary and treas
urer, and shall have its headquarters at the State capitol ; shall have a common seal, and he secretary and president shall have
power to administer oaths. Compensa
Sec. 4. Each member of said board shall receive a compeusation tion.
of three($3) dollars per day for actual service and ten (10) cents per mile for each mile actually traveled in attending the meeting of said board, which compensation shall be paid out of any moneys in the hands of the treasurer of said board : Provided, That the said compensation and mileage shall in no event be paid out of the State treasury.
Sec. 5. Said board shall make a biennial report to the governor, Report which report shall contain a full statement of its receipts, and disbursements of the board of the preceding two (2) years, also a full statement of its doings and proceedings and such recommendations as to it may seem proper looking to the better carrying out of the intents and purposes of this act, which report shall not be printed except at the expense of the fund herein provided for.
Any moneys in the hands of the treasurer of the said board at the time of making such report shall be kept by him for the future maintenance of the board and to be disbursed by him upon warrants signed by the president and secretary of the said board.
SEC. 6. Said board shall hold public examinations at least four Examinations. (4) times in each year in at least four (4) different cities in this State, at such times and places as it may determine, notice of such meetings to be given by a publication thereof at least ten (10) days before such meetings, in a newspaper published in the county where such meeting is to be held.
Sec. 7. Every person now engaged in the occupation of barber Registration in this State shall, within ninety (90) days after the taking effect without exam
ination. of this act, file with the secretary of said board an affidavit setting forth his name, residence and length of time during which, and the place where he has practiced such occupation, and shall pay the treasurer of said board two ($2) dollars and a certificate of registration entitling him to practice said occupation shall thereupon be issued to bim.
SEC. 8. Any person desiring to obtain a certificate of registration Applicants. under this act shall make application to said board therefor and shall pay to the treasurer of said board an examination fee of five Fee. ($5) 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 persons, under such rules and regulations as may be by said board prescribed, which rules and regulations, shall require that said applicant shall present to said board a certificate from some reputable physician desig- Qualifications. nated by said board to the effect that said applicant is free from any contagious or infectious disease, and being satisfied that he is above the age of nineteen (19) years, of good moral character, free from contagious or infectious diseases, has either (a) studied the trade for three years as an apprentice under a qualified and practicing barber or (b) studied the trade for at least three years in a properly appointed and conducted barber school under the instructions of a competent barber, or (c) practiced the trade in another State for at least three (3) 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 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; his name shall be entered by the board in the register Lereafter provided for, and a certificate of Certificate. registration shall be issued to him, 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, the board shall be judges of whether said barber school, is properly appointed and conducted and competent to give sufficient training in such trade.
All persons making application for examination under the provisions of this act shall be allowed to practice the occupation of barbering until the next regular meeting of said board. Certificates of registration provided for in this act, shall be valid for one year from the date thereof, but shall be renewed by said board upon application within thirty days after the expiration thereof and the payment of one dollar to the treasurer of said board, which application shall be accompanied by a certificate from a physician approved by said board, stating that said applicant is free from contagious or infectious diseases.
Apprentices. SEC. 9 (as amended by chapter 38, Acts of 1903). Nothing in this
act shall prohibit any person from serving as an apprentice in said trade under a barber authorized to practice same under this act, nor from serving as a student in any school for the teaching of such trade under the instruction of a qualified barber: Provided, That in shops where there are two or more barbers there shall not be more than one apprentice to two barbers authorized under this act to practice said occupation: Provided, further, That all persons serving as "prentices shall within ninety days after the taking effect of this act file with the secretary of said board an affidavit setting forth his name, residence, and the length of time and place he has practiced as such apprentice, and shall pay the treasurer of said board two dollars, and a certificate of registration entitling him to practice as a barber's apprentice shall thereupon be issued to him, which certificate shall be kept posted in a con
spicuous place in front of his working chair. Sunday labor. 2. It shall be unlawful for any registered barber or barber's
apprentice to practice the occupation of a barber as defined under the act regulating the practice of barbering, upon Sunday: Provided, That nothing in this act shall prevent or prohibit a barber from shaving or otherwise preparing the dead for burial on
Sunday. Violations. 3. Any violations of the provisions herein proposed shall be sub
ject to the penalties prescribed in section 14, Card
SEC. 10. Said board shall furnish to each person to whom a cerposted. tificate of registration is issued a card or insignia bearing the seal
of the board and a signature of its president and secretary, certifying that the holder thereof is entitled to practice the occupation of barber in this State, for a period of one year from the date thereof, and it shall be the duty of the holder of such card or insignia to post the same in a conspicuous place in front of his working ch: where it may readily be seen by all persons whom
he may serve. Register. Sec. 11. Said board shall keep a register in which shall be en
tered names of all persons to whom certificates are issued under this act, and said register shall be at all times open to public
inspection. Revocation of Sec. 12. Said board shall have power to revoke any certificate of certificate. registration granted by it under this act, for (a) conviction of
crime, (b) habitual drunkenness for six (6) months, immediately preceding the time of receiving notice of a charge thereof duly
made, as hereinafter provided, (c) gross incompetency, or (d) Proviso. contagious or infectious diseases: Provided, That before any cer
tificate shall be revoked the holder thereof shall have notice in writing of the charge or charges against him, and shall at a day specified in said notice, at least (5) five days after the service thereof, be given a public hearing and full opportunity to produce testimony in his behalf and to confront the witnesses against him. Any persons [person) whose certificate has been so revoked may, after the expiration of ninety (90) days, apply to have the same regranted and the same shall be regranted to him upon a satisfac
tory showing that the disqualification has ceased. Definition.
SEC. 13. To share or trim the beard or cut the hair of any person for hire or reward received by the person performing such service, or any other person shall be construed as practicing the
occupation of barber within the meaning of this act. Penalty.
SEC. 14. Any person practicing the occupation of barber without having obtained a certificate of registration, as provided by this act, or willfully employing a barber who has not such certificate, or falsely pretending to be qualified to practice such occupation under this act, or violation of (violating] any of the provisions of this act, is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than ten ($10) dollars or more than one hundred ($100) dollars, or by imprisonment in the county jail not less than ten (10) days or more than ninety (90) days.
CHAPTER 133.—Security for wages of employees on public works
SECTION 1. It shall be the duty of every public officer or board Bond authorized to enter into a contract for the erection, repair, altera- required. tion or betterment of any public building or any other public improvements before entering into any such contract, to take from the contractor a good and sufficient bond for an amount at least equal to the price stated in the contract, condition to be void if the contractor and all subcontractors shall pay all bills and claims on account of labor or materials furnished in and about the performance of said contract, including all demands of subcontractors, said bond to stand as security for all such bills, claims and demands until the same are fully paid. The obligee in said bond Who may sue. shall be the State of North Dakota ; but any person having any lawful claim against the contractor, or any subcontractor, on account of labor or materials, or both, furnished in and about the performance of said contract, may institute an action to recover the same in his own name upon said bond, in the same manner and with like effect as though the said bond were made payable to him.
SEC. 2. Any officer and the members of any board who shall fail Liability to take such a bond before entering into such a contract shall be officers. personally liable for all such bills, claims and demands which shall not be paid within thirty days after the completion of the work.
SEC. 4. Before said contract is entered into, said bond, duly Bond to be signed and acknowledged, with the proper affidavits of justifica- filed. tion attached thereto, shall be filed in the office of the clerk of the district court of the county in which such contract is to be performed, and approved by said clerk, to be kept as one of the permanent records of the office.
ACTS OF 1903.
CHAPTER 131.—Liability of railroad companies for injuries to
SECTION 1. Every railroad company organized or doing business Negligence in this State shall be liable for all damages done to any employee of coemployees. of such company, in consequence of any negligence of its agents, or by any mismanagement of its engineers, or other employees, to any person sustaining such damage; and no contract which restricts such liability shall be leg or binding.
BATES' ANNOTATED STATUTES—THIRD EDITION.
Incorporation of societies of mechanics, etc.- Fees.
SECTION 148a. The secretary of state shall hereafter charge and collect the following fees for official services :
5. For filing the articles of incorporation
of societies or associations composed exclusively of any class of mechanics, express, telegraph, railroad or other employees, formed for the mutual protection and relief of the members thereof and their families exclusively, two dollars.
Mine regulations and inspection.
SECTION 290. For the purpose of facilitating an efficient and thorough inspection of mines in Ohio, and to provide an adequate