Penalty. Physicians to report. Evidence actions. Penalty. when. in SEC. 2. Every person who shall violate the provisions of this act shall be subject to the penalties of section 2712 of the general statutes. [Fine for first offense; fine or imprisonment for subsequent offenses.] CHAPTER 14.-Occupational diseases-Reports. SECTION 1. Every physician having knowledge of any person whom he believes to be suffering from poisoning from lead, phosphorus, arsenic, brass, wood alcohol, mercury, or their compounds, or from anthrax, or from compressed-air illness, or any other disease, contracted as a result of the nature of the employment of such person, shall, within forty-eight hours, mail to the commissioner of the bureau of labor statistics a report stating the name, address, and occupation of such patient, the name, address, and business of his employer, the nature of the disease, and such other information as may reasonably be required by said commissioner. The commissioner of the bureau of labor statistics shall prepare and furnish to the physicians of this State suitable blanks for the reports herein required. SEC. 2. No report made pursuant to the provisions of this act shall be evidence of the facts therein stated in any action at law against any employer of such diseased person. SEC. 3. Any physician who shall neglect or refuse to send any report herein required, or who shall fail to send the same within the time specified in this act, shall be liable to the State for a penalty of not more than ten dollars, recoverable by civil action in the name of the State by the commissioner of the bureau of labor statistics. CHAPTER 112.-Employment of women before and after childbirth. Employment SECTION 1. It shall be unlawful for the owner, proprietor, manforbidden, ager, foreman, or other person in authority, of any factory, mercantile establishment, mill, or workshop knowingly to employ a woman or permit a woman to be employed therein within four weeks previous to confinement or four weeks after she has given birth to a child. Violation. Labor, etc., forbidden. Ventilation. SEC. 2. Any person who shall violate any provision of this act shall be fined not more than twenty-five dollars, or imprisoned not more than thirty days, or both. CHAPTER 119.-Sunday labor. SECTION 1. Every person who shall do any secular business or labor, except works of necessity or mercy, or keep open any shop, warehouse, or manufacturing or mechanical establishment, or expose any property for sale, or engage in any sport between twelve o'clock Saturday night and twelve o'clock Sunday night, except as provided in section two of this act, shall be fined not more than fifty dollars. The provisions of this section shall not affect the issue or service of any criminal complaint or any proceedings thereon, nor the performance by haywards of their duties, nor the issue or service of complaints for injunctions and orders thereon, nor the issue or service of any other civil process, except between sunrise and sunset on Sunday. CHAPTER 208.—Inspection and regulation of factories, etc. SECTION 1. Every employer whose business requires the operation or use of any emery, tripoli, rouge, corundum, stone, carborundum, or other abrasive, polishing, or buffing wheel, in the manufacture of articles of metal or iridium or whose business includes any process which generates an excessive amount of dust shall install and maintain in connection therewith such devices as may be considered necessary by the factory inspector and State board of health to remove from the atmosphere any dust created by such process. The factory inspector, with the State board of health, shall issue to any employer engaged in such business any orders necessary to render effective the foregoing provision, and if within sixty days from the issuance of such order stating the changes to be made, such order shall not be complied with, the factory inspector may order such department closed until such order is complied with. SEC. 2. The violation of any provision of the foregoing section or the failure to comply with any written order issued in accordance therewith within sixty days thereafter shall constitute a misdemeanor punishable by a fine of not more than five hundred dollars for each offense, and every such order shall be enforceable by the superior court or by a judge thereof if said court is not in session, by injunction on application of the factory inspector or of the State board of health. CHAPTER 210.-Safety of employees on railroads. SECTION 1. The public utilities commission is hereby directed to investigate the operating and manning of passenger and freight trains, and to make such orders, regulations, or recommendations as, upon investigation, the commission may deem necessary for the safety and protection of the public or of the employees of any railroad company operating such trains. CHAPTER 211.-Employment of children-Vacation certificates. Violation. Orders to be issued. Temporary SECTION 1. Any child in good physical condition, between fourteen and sixteen years of age, on application in person to the certificates. secretary or an agent of the State board of education for a certificate of employment, shall be granted a temporary or vacation certificate, permitting the employment of said child during the summer vacation. DELAWARE. REVISED CODE OF 1852-EDITION OF 1893. CHAPTER 16.-Protection of employees as voters. (Page 148.) em SECTION 1. If any person or corporation existing or doing busi- Coercion, etc., by ness in this State shall hinder, control, coerce or intimidate, or ployers. shall attempt to hinder, control, or coerce or intimidate, any qualified elector of this State from or in the exercise of his right to vote at any general, special or municipal election held under the laws of this State, by means of bribery, or by threats of depriving such elector of employment or occupation, absolutely or cotingently [contingently], directly or indirectly; every such person or corporation so offending shall [be] guilty of a misdemeanor, and upon conviction thereof shall forfeit and pay to the State of Delaware a fine of not less than five hundred nor more than two thousand dollars or be imprisoned (if a natural person) not more than one year or both in the discretion of the court. And every elector so aggrieved may also, in an action of debt brought for that purpose, sue for and recover from the person or corporation so offending as aforesaid, the sum of five hundred dollars. Corporation of agent. SEC. 2. In all trials under the provisions of the foregoing section, the act or acts of any officer of a corporation so far as they liable for acts affect or concern any employee or servant of such corporation, shall be taken and held to be the act or acts of the corporation, whether general or special authority as to such act or acts from the corporation, to such officer be shown or not. But nothing herein contained shall be construed to relieve any officer of a corporation from individual liability under the provisions of this act. CHAPTER 89.—Wages as preferred claims—In administration. (Page 676.) SECTION 25. Executors and administrators shall pay demands against the deceased in the following order: First: Funeral expenses; Second: [The reasonable bills for medicine and medical attendance during the last sickness, and for] nursing and necessaries for the last sickness of the deceased; Third: Wages of servants and laborers employed in household affairs, or in the cultivation of a farm-but no servant, or laborer to be allowed this preference for more than one year's wages; * CHAPTER 110.—Wages as preferred claims—In assignments, exe cutions, etc. SECTION 1. All debts or claims that may become due or growing due for labor or services rendered by any mechanic, paid first. laborer, clerk or other employee of any person or persons, chartered company or association employing laborers, clerks or mechanics in any manner whatsoever, shall be a first lien on all the real and personal property of such employer or employers, and Wages to be Proviscs. filed. shall be the first to be satisfied out of the proceeds of the sale of such property, whether made by an officer or an assignee of such employer or employers or otherwise: Provided, however, That the debt or claim secured to the mechanic, laborer, clerk or other employee under this act shall not exceed a sum equal to the wages exceed the sum of fifty dollars, though the wages for one month And provided further, That in no event shall such debt or claim exceed the sum of fifty dollars, though the wages for one month may be a greater sum. Notice of such claim or debt shall be given to the coroner, sheriff, constable, assignee, or other person who shall make or conduct the sale of property subject to the lien or preference provided for by this act. Claim to be SEC. 2. No such claim or debt nor work, labor, or clerk hire as aforesaid shall be a lien upon any real estate as is provided for in section 1 of this act, unless a copy of such claim or debt shall be filed in the prothonotary's office of the county in which such real estate is situated within one month after the same shall have become due and owing or shall be growing due and owing. Any person presenting a copy of such claim or debt to be filed in the prothonotary's office as aforesaid, shall accompany the same with an affidavit stating that such debt or claim is just and true. The fee to the prothonotary for such service shall be fifty cents. False affidavits. Claims of minors. Exceptions. Fifty per SEC. 5. Any person who shall make an affidavit to any debt or claim which is untrue shall be guilty of a misdemeanor, and shall forfeit and pay a fine of fifty dollars. SEC. 6. The parent, guardian, or next friend of any minors who shall render such service as is mentioned in the first section of this act shall have the right to proceed under the provisions of this act to secure the debt or claim arising from the service or labor rendered by such minor as aforesaid. SEC. 7. This act shall not apply to Kent and Sussex counties. (Page 841.) SECTION 1. The following shall be exempt from execution atcent of wages tachment process under the laws of this State, to wit: 1st. Fifty exempt. per centum of the amount of wages for labor or service of any person residing within the State of Delaware, attached under said process, and judgments obtained by virtue of said process shall be rendered only for so much of the wages so attached as shall remain after the said fifty per centum thereof shall have been deducted, and the wages so deducted and exempted shall not, thereafter, at any time or in any case, be subject to any execuAll wages of tion attachment process whatsoever. 2d. The entire amount of and the wages for labor or service of any married woman during coverture. 3d. The entire amount of the wages for labor or service of any minor. Women minors. Ninety per CHAPTER 111 (as amended by chapter 203, Acts of 1901).—Exemption of wages from attachment, etc.-New Castle County. (Page 841.) SECTION 1. Ninety per centum of the amount of the wages for cent of wages labor or service of any person residing within New Castle County, exempt. Law applies to necessaries only. shall be exempt from mesne attachment process, and execution attachment process, under the laws of this State. (Except where the said execution attachment process is for board or lodging or both, as the case may be, and for an amount not exceeding fifty dollars exclusive of costs.) SEC. 2. The provisions of this act as to the liability to attachment process of ten per centum of wages for any debt, shall apply solely to debts incurred for or on account of the purchase of food, provisions and articles used in the home, commonly designated as the necessaries of life. |