amount of such earnings exceeds one hundred and fifty dollar[s], and then only as to the excess over that amount, or unless the claim is one for necessaries, and then for only ten per centum

of such personal earnings. Bond not re- SEC. 6490 (as amended by act, page 362, Acts of 1902). When quired, when.

the ground of attachment is, that the defendant is a foreign corporation, or a nonresident of the county, or that the claim on which judgment is sought is for work or labor, the order of attachment may be issued without an undertaking, but in all other cases, the order of attachment shall not be issued by the justice until there has been executed in his office, by one or more sufficient sureties of the plaintiff, to be approved by the justice, an undertaking, not less than double the amount of the plaintiff's claim, to the effect that the plaintiff shall pay the defendant all damages which he may sustain by reason of the attachment, if the order be wrongfully obtained.

Execution on, judgments for wages not to be stayed.

Stay not al

SECTION 6652. No stay of execution on judgments rendered in lowed, when.

the following cases shall be allowed :

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7. On judgment rendered in favor of any person for wages due for manual labor by him performed.

Suits for uages-Attorneys' fees.

Attorney's fee SECTION 6732a. When a judgment for wages, rendered by a jusallowed, when. tice of the peace, is, by the defendant, taken on error, as herein

provided, to the court of common pleas and affirmed, the costs of suit shall include a fee of fifteen dollars for the attorney of the defendant in error. But no such attorney fee shall be taxed in the costs, unless said wages have been demanded in writing, and not paid within three days after such demand.


Mine regulations-Negligence of miners, etc. Negligence of SECTION 6871. Whoever knowingly violates any of the provisions miners, etc. of sections two hundred and ninety-seven, two hundred and ninety

eight, two hundred and ninety-nine, three hundred, three hundred and one, three hundred and two and three hundred and five, or does any act whereby the life or health of the persons, or the security of any mine and machinery are endangered, or any miner or other person, employed in any mine governed by the statute, who intentionally and willfully neglects or refuses to securely prop the roof of any working place under his control, or neglects or refuses to obey any order given by the superintendent of a mine, in relation to the security of the mine in the part thereof where he is at work, and for fifteen feet back from the face of his working place, or any miner, workman or other person, who shall knowingly injure any water gauge, barometer, air course or brattice, or shall obstruct or throw open any air ways, or shall handle or disturb any part of the machinery of the hoisting engine, or open a door of the mine and not have the same closed again, whereby danger is produced either to the mine or those that work therein, or who shall enter any part of the mine against caution, or who shall disobey any order given in pursuance of this act, or who shall do any willful act, whereby the lives and health of persons working in the mine, or the security of the mine, or the machinery thereof is endangered, or any person having charge of a mine, whenever loss of life occurs by accident connected with the working of such mine, or by explosion, who neglects or refuses to give notice thereof forthwith, by mail or otherwise, to the chief inspector of mines, and to the coroner of the county in which such mine is situate, or any such coroner who neglects or refuses to hold an inquest upon the body of the person whose death has been thus caused, and return a copy of his findings and all the testimony to the inspector, shall be fined not less than fifty dollars, or imprisoned in the county jail not more than thirty days, or both. The owner, agent, or operator of every coal mine shall keep a supply of timber constantly on hand, and shall deliver the same to the working place of the miner, and no miner shall be held responsible for accidents which may occur in mines where the provisions of this section have not been complied with by the owner, agent or operator thereof.

The section does not define the degree of care required in supplying timber, and the common law rule on this point prevails. 129 Fed. Rep. 542.

If the employer's negligence is known, the employee must act with reference to such knowledge, and can not shut his eyes and claim that he relied on a proper performance of duty by the other party. 53 0. 8. Rep. 43.

Employment of children.

SECTION 6984. Whoever takes, receives, hires, employs, uses, ex- Acrobatic, hibits, or in any manner, or under any pretense, sells, apprentices, mendicant, gives away, lets out, or otherwise disposes of, to any persons, any

etc., occupa

tions. child under the age of fourteen years, for or in the vocation, occupation, service, or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging, or peddling, or as a gymnast, contortionist, rider, or acrobat, or for or in any obscene, indecent or immoral purpose, exhibition, or practice, or for or in any business, exhibition, or vocation injurious to the health or dangerous to the life or limbs of such child, or causes, or procures, or encourages any such child to engage therein, or causes or permits any such child to suffer, or inflicts upon it, unjustifiable physical pain or mental suffering, or willfully causes or permits the life of any such child to be endangered, or its health to be injured, or such child to be placed in such situation that its life may be endangered, or its health injured, or has in custody any such child for any of the purposes aforesaid, shall be fined not more than two hundred dollars, or imprisoned not more than six months, or both.

Sec. 6985. Nothing contained in section sixty-nine hundred and Application eighty-four shall apply to or affect the employment or use of any

of law. such child as a singer or musician in any church, school or academy, or at any concert or entertainment given for charitable purposes, or in learning the science or practice of music; *

SEC. 6986-1. No child under the age of sixteen years, shall be Dangerous employed by any person, firm, or corporation in this State, at em- employments. ployment whereby its life or limb is endangered, or its health is likely to be injured, or its morals may be depraved by such employment.

SEC. 6986–2. Any person, firm, or corporation in this State who Penalty. willfully causes or permits the life or limb of any child under the age of sixteen years to be endangered, or its health to be injured, or its morals to become depraved, from and while actually in their employ, or who willfully permits such child to be placed in such a position or to engage in such employment that its life or limb is in danger, or its health likely to be injured, or its morals likely to be impaired by such position or employment, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten ($10) dollars nor more than fifty ($50) dollars, or imprisonment not less than thirty nor more than ninety days for each and every offense.

SEC. 6986–3. It shall be the duty of the State inspector of work; Enforceshops and factories to enforce the provisions of this act [secs, ment. 6986-1 to 6986–3].

SEC. 6986–7 (as amended by act, page 598, Acts of 1902, and act, Age limit, page 321, Acts of 1904). No child under the age of fourteen years shall be employed in any factory, workshop, mercantile or other


establishment, directly or indirectly at any time, nor be employed as messenger or driver therefor; and no child under (said) the age shall be employed in any other manner, whether it be for compensation or otherwise, when the public schools in which dis

trict such child resides are in session. Certificates. Every person, company or corporation, or agent having charge

of or the management of such factory, workshop, mercantile or other establishment employing any child over fourteen years and under sixteen years of age, shall exact the age and schooling certificate prescribed in section 4022–2 as a condition of employment, and shall keep the same on file, and shall upon the request of the chief or district inspector of workshops and factories produce said certificates for inspection; but no person authorized as aforesaid shall approve such certificates for any child under sixteen years of age then in or about to enter his own employment or the employment of a firm, company or corporation of which he is a member, officer, or employee. An age and schooling certificate shall not be approved unless satisfactory evidence is furnished by the last school census, the certificate of birth or baptism, or in some such manner, that said child is of the age required as afore said; failure to produce to an inspector of workshops and factories an age and schooling certificate, as aforesa id required, shall be prima facie evidence of the illegal employment of any person whose age and schooling certificate is not produced.

In case of doubt of the physical fitness of such minor, the inspector shall require a certificate signed by a medical officer of the board of health, certifying that such child is in sound health

and physically able to perform the work he is required to do. Register. SEC. 6986-8 (as amended by act, page 598, Acts of 1902, and act,

page 321, Acts of 1904). It shall be the duty of every person employing minors under the age of eighteen years to keep a register in which shall be recorded the name, birthplace, age and pla of

residence of every minor employed by him under the age of eightNight work. een years. No boy under sixteen years of age and no girl under

eighteen years of age, shall be employed at any work at night time later than seven o'clock in the evening nor earlier than six o'clock in the morning, and no minor under eighteen years of age

shall be employed in any of the places named in section 6986–7 of Hours of la- the Revised Statutes of Ohio for a longer period than ten hours bor.

in one day, nor more than fifty-five hours in one week; and every such minor under eighteen years of age shall be entitled to no less than thirty minutes for mealtime at noon, but such mealtime shall not be included as part of the work hours of the day; and every employer shall post in a conspicuous place in every room where such minors are employed a printed notice stating the maximum number of work hours required in one week, and in each day of the week from such minors; such printed notice to be furnished by the chief inspector of workshops and factories, and approved

by the attorney-general. Penalty. SEC. 6989–9 (as amended by act, page 321, Acts of 1904). Any

person, firm or corporation who shall employ any minor contrary to the provisions of this act, or who shall violate any of the provisions thereof, shall, upon conviction, be fined in any sum not less than ten dollars nor more than fifty dollars, and upon failure or refusal of any such person, firm or corporation to pay said fine or costs according to the order of the court, then such person, firm or corporation shall be imprisoned in the county jail until such fine is paid.

Exemption of wagesUnlawful assignment of claims.


Sending SECTION 7014. Whoever sells, assigns or transfers any claim or claim out of [for] debt against a resident of this State for the purpose of

having the same collected by proceedings in attachment in courts outside the State, or whoever, with intent to deprive a resident of this State of a right to have his personal earnings exempt from application to the payment of his debts, sends out of this Stato

any claim for debt against such person for the purpose aforesaid,
where the creditor and debtor and the person or corporation
owing the money intended to be reached by such proceedings are
within the jurisdiction of the courts of this State, shall be fined
not more than fifty nor less than twenty dollars, and the person
whose personal earnings are so attached shall have a right of
action before any court of this State having jurisdiction, to re-
cover the amount attached, and any cost paid by him in such
attachment proceedings, either from the person so assigning,
selling, transferring or sending such claim out of this State to be
collected as aforesaid, or the person to whom such claim is as-
signed, sold, transferred or sent as aforesaid, or both, at the
option of the person bringing such suit. The assignment, sale,
transfer or sending of such claim to a person not a resident of
this State, and the commencement of such proceedings in attach-
ment shall be considered prima facie evidence of a violation of
this section; and any person, or the agent of such person, who
purchases any claim within this State with the intent aforesaid,
shall be subject to the fine herein provided.

This section is constitutional. 34 B. 277.
The sale of a claim to a nopresident is not forbidden. 3 C. C. Rep. 583.




Coercion of employeesPayment of wages, etc.
SECTION 7016. Whoever compels, or in any manner seeks to

Compelling compel, or attempts to coerce, an employee of any person, firm or buy at certain

employees corporation to purchase goods or supplies from any particular place. person, firm or corporation, shall be fined not more than one hundred nor less than twenty dollars, or imprisoned not more than sixty days or both. And whoever sells goods or supplies of any kind, directly or indirectly, to his employee, or pays the wages, Payment of or any part of the wages of labor to his employees in goods or wages in goods, supplies of any kind, directly or through the intervention of scrip, order or other evidence of indebtedness, at higher prices than the reasonable or current market value in cash of such goods or supplies, or whoever, without an express contract with his em


for injury to ployee, deducts or retains the wages or any part of the wages of such employee for ware, tools or machinery destroyed or damaged, shall be liable to like punishment and penalties above specified, and shall in addition thereto, be liable in civil action to the party aggrieved, in double the amount of any charges made for such ware, tools and machinery in the one case, and in the other case, for such goods or supplies, in excess of the reasonable or current market value in cash, of such goods or supplies.

SEC. 7017. The prosecuting attorney of any county, upon com- Enforcement. plaint made to him of any violation of either of the two preceding sections within his county, shall cause such complaint to be investigated before the grand jury.

wares, etc.

Sunday labor.

SECTION 7033. Whoever, being over fourteen years of age, en- Sunday labor gages in common labor on the first day of the week, commonly forbidden. called Sunday; and whoever, being over fourteen years of age, shall open or cause to be opened any building or place for the transaction of business on the first day of the week commonly called Sunday, or who shall require any person in his employ or under his control to engage in common labor on Sunday, shall, on complaint made within ten days thereafter, and upon conviction, be fined, for the first offense, twenty-five dollars, and for each subsequent offense such person shall be fined not less than fifty dollars nor more than one hundred dollars, and imprisoned not less than five days nor more than thirty days. But this section does not apply to or embrace works of necessity or of charity, and does not extend to persons who conscientiously observe the Observance seventh day of the week as the Sabbath, and who do in fact of another day. abstain, on that day, from doing of the things herein prohibited


on Sunday; nor shall it be so construed as to prevent families emigrating from traveling, or watermen from landing their passengers, or keepers of toll bridges, tollgates or ferries from attending the same, on Sunday.

SEC. 7033–1. Any person who engages in the business of barbering on Sunday shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifteen dollars, and upon a subsequent conviction for a like offense shall be fined not less than twenty dollars and not more than thirty dollars, or imprisoned in the county jail for a period of not less than twenty days nor more than thirty days, or be both fined and imprisoned at the discretion of the court.

This section is not in conflict with the constitution. 84 N. E. Rep. 419.

ACTS OF 1902.

Liability of employers for injuries to employees.

(Page 114.)

Injuries re- SECTION 1. An employer shall be responsible in damages for sulting from personal injury caused to an employee, who is himself in the chinery, etc. exercise of due care and diligence at the time, by reason of any

defect in the condition of the machinery or appliances connected with or used in the business of the employer, which arose from, or had not been discovered or remedied owing to the negligence of the employer, or of any person in the service of the employer, entrusted by him with the duty of inspection, repair, or of seeing that the machinery or appliances were in proper condition. Railroads--Passenger trains not to be run without a full crew.

(Page 343.) Full crew re

SECTION 1. It shall be unlawful for any railroad company doing quired. business in the State of Ohio, to run over its road, or part of its

road, outside of the yard limits, any passenger train with five cars or less, carrying passengers, with less than a full passenger crew, consisting of one engineer, one fireman, one conductor and one brakeman; for more than five cars, two brakemen; and on trains of more than two cars the said brakemen shall not be required to perform the duties of the baggage master or express agent while on the road: Provided, That nothing in this section shall apply to trains picking up a car or cars between terminals in this State, or

to trains propelled by electricity. Penalty. SEC. 2. Any superintendent, or train master, or their assistants,

or other employee of any railroad company doing business in the State of Ohio, who shall send out on the road, or cause to be sent out on the road, outside of yard limits, any passenger train, whose crew consists of a less train crew than that stated in section one of this act, shall be guilty of a misdemeanor, and on conviction before any police judge, mayor or justice of the peace having jurisdiction, shall be fined not less than twenty-five dollars for each

offense. Enforce SEC. 3. It shall be the duty of the commissioner of railroads and ment.

telegraphs to have this law enforced.

Examination and licensing of horseshoers.

(Page 450.)

License re- SECTION 1. It shall be unlawful for any person to be engaged in quired.

or working at the business of a horseshoer exclusively in this State without having first received a license to do so, as hereinafter pro

vided. Board of ex- SEC. 2. There shall be a State board of examiners consisting of aminers.

four practicing horseshoers and one veterinary surgeon, two of said horseshoers shall be master horseshoers and two shall be journeymen horseshoers, and such veterinary surgeon shall not be

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