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term not exceeding one year, or be fined not exceeding one thousand dollars.
Sec. 5. Any person injured by any violation of the provisions of sections 1 and 2 of this act may recover from the person or persons inflicting such injury twice the amount of such injury.
Sec. 6. No person shall be excused from attending and testifying, or from producing papers, contracts, agreements, and documents before any court which may be determined to be evidence in such case, or in obedience to the subpæna of any court having jurisdiction of the misdemeanor, on the grounds or for the reason that the testimony or evidence, documentary or otherwise, required by him may tend to criminate him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, before sa id court or in obedience of its subpæna or in any such case or proceedings.
ACTS OF 1907.
CHAPTER 1429.-Factories and workshops-Supply of drinking
Supply to be Section 1. All manufacturing establishments in this state shall provided.
provide fresh drinking-water, of good quality, to which their em
ployees shall have access during working hours. Violation. Sec. 2. Any corporation, association, firm or person owning, in
whole or in part, managing, controlling, or superintending any manufacturing establishment in which the provision of this act is violated shall, upon complaint of the board of health of the city or town, or the town council of the town, in which the establishment is located, be liable to a fine of one hundred dollars for each offence.
ARTICLE 9.—Liability of railroad companies for injuries to
Negligence of SECTION 15. Every employee of any railroad corporation shall superior ;
have the same rights and remedies for any injury suffered by him from the acts or omissions of said corporations or its employees as are allowed by law to other persons not employees, when the injury results from the negligence of a superior agent or offi
cer, or of a person having a right to control or direct the services of fellow-ser- of a party injured, and also when the injury results from the neg. v a nts in an- ligence of a fellow-servant engaged in another department of labor other
from that of the party injured, or of a fellow-servant on another
train of cars, or one engaged about a different piece of work. Knowledge of Knowledge by any employee injured of the defective or unsafe defective ma- character or condition of any machinery, ways or appliances shall chinery.
be no defense to an action for injury caused thereby, except as to
conductors or engineers in charge of dangerous or unsafe cars or Injury, caus- engines voluntarily operated by them. When death ensues from ing death.
any injury to employees, the legal or personal representatives of
the person injured shall have the same right and remedies as are contract allowed by law to such representatives of other persons. Any waiving rights. contract or agreement, expressed or implied, made by any em
ployee to waive the benefit of this section shall be null and void; and this section shall not be construed to deprive any employee of a corporation, or his legal or personal representative, of any remedy or right that he now has by the law of the land. The general assembly may extend the remedies herein provided for to any other class of employees.
A contract whereby a railroad company beforehand seeks immunity from damages caused by its negligence is not prohibited by this section, but is void as contrary to public policy. 55 S. C. 152.
Under this section a servant may recover of a railroad company for injuries caused by the carelessness of a fellow-servant directing him. 52 S. C. 438.
A foreman who engages in manual labor to further the work being carried on under his own direction does not thereby cease to be a superintendent for whose acts the employer is responsible. 61 S. E. Rep. 1010.
The doctrine of assumption of risks does not appl in cases where an employee is injured by the acts of an employee in another branch of work. A bridge watchman and the engineer of a train are in separate departments. 61 S. E. Rep. 1016.
Employers to furnish road overseers with names of employees.
SECTION 1363 (as amended by act No. 535, Acts of 1902). . * Employers to Said [road) overseer is hereby authorized to demand of any per- of employees.
report son or corporation the name of any and all hands in his, her or its employ; and any person or corporation receiving of such overseer or warner, by him appointed, such demand, failing or refusing to furnish a list containing the names of all male employees, shall be guilty of a misdemeanor, and for every such offense shall be subject to a fine of not less than ten dollars nor more than thirty dollars, or imprisonment in the county jail for not less than ten nor more than thirty days;
Accidents on railroads.
SECTION 2071. The railroad commissioners shall investigate the Investigation causes of any accident on a railroad resulting in loss of life, and of accidents. of any accident not so resulting, which, in their judgment, shall require investigation.
SECTION 2121. It shall be unlawful for any railroad corporation Running owning or controlling railroads operating in this State to load or trains, etc. unload, or permit to be loaded or unloaded, or to run or permit to be run, on Sunday, any locomotive, cars or trains of cars moved by steam power, except as hereinafter provided, and except to unload cars loaded with animals.
Sec. 2122 (as amended by act No. 52, Acts of 1903). Said cor- Perishable porations or persons may run on Sundays trains laden exclusively
freight. with vegetables and fruits; and on said day, in any and every month, their regular mail trains and such construction trains as may be rendered necessary by extraordinary emergencies other than those incident to freight or passenger traffic, and such freight trains as may be in transit which can reach their destination by six o'clock in the forenoon: Provided, That the railroad commis- Excursions. sioners shall have the power (upon proper application made to them for the purpose by the officers of the church or religious denominations in charge of the place where such services are to be held) to authorize and permit the running of trains on any Sunday in the year for the transporting of passengers to and from religious services: Provided, The application for the permit and the authority granted must both be in writing and made a part of the records of said railroad commissioners.
SEC. 2123. Any train running by a schedule in conformity with Accidental the provisions of this chapter, but delayed by accident or other delay. una voidable circumstance, may be run until it reaches the point at which it is usual for it to rest upon a Sunday.
Sec. 2124. For a willful violation of the provisions of the three Penalty. preceding sections the railroad company so offending shall forfeit to the State five hundred dollars, to be collected in any court of competent jurisdiction.
Railroads-Brakes and brakemen. Brakes re- SECTION 2127. Every railroad corporation shall cause a good quired. and sufficient brake to be attached to every car used upon its rail
road for the transportation of passengers, and to every car used for the transportation of freight, except four-wheeled freight cars
used only for that purpose; and shall cause to be stationed on Brakemen. every passenger train trusty and skilled brakemen, equal in num
ber at least to one for every two cars in the train, except on passenger trains, where power brakes are used, and one such brake man upon the last car of every freight train, which must always be equipped with a good and sufficent brake.
In the absence of testimony to the contrary the company will be presumed to have complied with this section. 26 S. C. 44.
In order to hold the company liable, the failure to comply must be shown to be the proximate cause of the injury. 27 S. C. 71.
Accidents on railroads-Actions.
Accidents to SECTION 2137 (as amended by act No. 419, Acts of 1905). Every be reported. railroad corporation shall cause immediate notice of any accident
which may occur on its road, attended with injury to any person, in such cases of accident attended with any injury to any person, as the railroad commissioners may by rules and regulations adopted by them, require the giving of such notices, to be given to a physician most accessible to the place of accident and to the railroad commissioners, by telegraph, telephone or such other means as may be the quickest under the circumstances, at the same time that notice is given the officials of the road on which the accident occurred, and shall furnish immediate transportation for the commissioners over its line to the place of accident, free of expense to the commissioners, and if the commissioners use another railroad to reach the place of accident, the corporation on whose line the accident occurs shall pay the expense of transportation thereon, and shall also give notice in like manner of any accident falling within any description of accidents of which said commissioners may by general regulations require notice to be given. For each omission to give such notice the corporation shall
forfeit a sum not exceeding five hundred dollars. Judgment a Sec. 2138. Whenever a cause of action shall arise against any llen.
railroad or street railway corporation for personal injury or injury to property sustained by any person, and such cause of action shall be prosecuted to judgment by the person injured, or bis or their legal representatives, said judgment shall relate back to the date when the cause of action arose, and shall be a lien as of that date upon the income, property and franchise of said corporation, enforcible in any court of competent jurisdiction by at tachment or levy and sale under execution, and shall take precedence and priority of payment of any mortgage, deed of trust or
other security given to secure the payments of bonds made by said Limitation. railroad or street railway company: Provided, Any action brought
under this section shall be commenced within twelve months from the time that said injury was sustained.
CHAPTER 57.-Seamen-Boarding houses. Boarding
SECTION 2291. It shall not be lawful for any person to keep, houses to be li- conduct, or carry on, either as owner, proprietor, agent, or othercensed.
wise, any sailors' or immigrants' boarding house, or sailors' or immigrants' hotel, in the city of Charleston, without having a
license from the city council thereof. Unlicensed Sec. 2292. It shall not be lawful for any person, not having the
to license in this chapter provided, or not being the regular agent, solicit.
runner, or employee of a person having such license, to invite, ask, or solicit, in the city or harbor of Charleston, the boarding or lodging of any of the crew employed on any vessel, or of any immigrant arriving in the said city of Charleston.
Sec. 2296. The said city council shall furnish to each sa ilors' or Badges furimmigrants' hotel or boarding house keeper licensed by them as
nished. a foresa id, one or more badges or shields, on which shall be printed or engraved the name of such hotel or boarding house keeper, and the number and street of his hotel or boarding house; and which said badges or shields shall be surrendered to said city council upon the revocation by them, or expiration of any license granted by them, as herein provided.
SEC. 2297. Any sailors' or immigrants' hotel or boa rding house Must be worn. keeper, and every agent, runner, or employee of such hotel or boarding house keeper, when boarding any vessel in the harbor of Charleston, or when inviting or soliciting the boarding or lodging of any seaman, sailor, or person employed on any vessel, or of any immigrant, shall wear, conspicuously displayed, the shield or badge referred to in the foregoing section.
Who may not Sec. 2298. It shall not be lawful for any person, except those wear badge. named in the preceding section, to have, wear, exhibit, or display any such shield or badge to any of the crew employed on any vessel, or to any immigrant so arriving in the city of Charleston, with the intent to invite, ask, or solicit the boarding or lodging of such immigrant, or of any of the crew employed on any vessel being in the harbor of Charleston.
SEC. 2302. The word “vessel," as used in the preceding section, Definition. shall include vessels propelled by steam.
Sec. 2303. It shall not be lawful for any keeper of a public or Recovery lodging house for seamen, at any time, to recover from any seaman any debt exceeding one dollar; and no debt exceeding said sum, incurred by any seaman to any other person, shall be recoverable after he has signed an agreement to proceed on a voyage, until such voyage shall have been concluded. SEC. 2304. It shall not be lawful for any keeper of a public or
chest. lodging house for seamen to withhold or deta in any chest, bed or bedding, clothes, tools, or other effects, of any seaman for any debt alleged to have been contracted by such seaman; and in case any such chest, bed, bedding, clothes, tools, or other effects, as a foresaid, shall be withheld or detained, contrary to this chapter, it shall be lawful for any magistrate, upon complaint, upon oath, to be made by any such seaman, or on his behalf, to inquire into the matter, and, if he shall see fit, by warrant under his hand and seal, to cause any such property or effects so withheld or detained contrary to this chapter, to be seized and delivered over to the seaman,
Earnings of minors.
SECTION 2694. If any person shall hire or employ any minor, or Wages to be person under the age of twenty-one years, without the knowledge
parand consent of the parents or guardian of such minor, such per
ents, when. son shall pay to the said parents or guardian the full value of the labor of said minor from and after notice from the parents or guardian that payment of such service shall be made to him or them, as the case may be.
Employment of labor-General provisions.
SECTION 2715. All contracts made between owners of land, their Contracts
be agents, administrators, or executors, and laborers, shall be wit
etc. nessed by one or more disinterested persons, and, at the request of either party, be duly executed before a magistrate whose duty it shall be to read and explain the same to the parties. Such contracts shall clearly set forth the conditions upon which the laborer or laborers engaged to work, embracing the length of time, the amount of money to be paid, and when; if it be on shares of crops, what portion of the crop or crops.
This does not prevent a common law contract. 18 S. C. 512.
SEC. 2716. Whenever labor is performed under contract on crops.
shares of crop or crops, such crop or crops shall be gathered and divided off before it is removed from the place where it was planted, harvested, or gathered. Such division to be made by a disinterested person, when desired by either party to the contract. And such disinterested party shall be chosen by and with the consent of the contracting parties; whenever the parties fail to agree upon any disinterested party, or, if complaint is made that the division has been unfairly made, within ten days after such division, it shall be the duty of the magistrate residing nearest the place where such crop or crops are planted, harrested, or gathered, to cause, under his immediate supervision, such equitable division as may be stipulated in the contract. Such disinterested party or magistrate shall receive reasonable compensation for such service, to be paid by both the contracting parties, according to their several interests, except in cases of an attempt to willfully defraud the other by one of the contracting parties; and then such compensation shall be paid by the party so attempting to defraud the other. When such division has
been made, each party shall be free to dispose of their sereral Proviso. portions as to him or her or them may seem fitting: Prorided,
That if either party be in debt to the other for any obligation incurred under contract, the amount of said indebtedness may be then and there settled and paid by such portion of the share or shares of the party so indebted as may be agreed upon by the parties themselves, or set apart by the magistrate, or any party chosen to divide said crop or crops.
CHAPTER 85.-Payment of wages. Payment in SECTION 2717. Unless otherwise provided by special contract, all
persons who employ laborers upon plantations or elsewhere by the day, week, month or year shall pay such laborers or employees
in lawful money. Payment of
Sec. 2718. When any corporation carrying on any business in wages due dischar ged em. this State in which laborers are employed, whose wages, under ployees. the business rules or custom of such corporation, are paid monthly
on a fixed day beyond the end of the month in which the labor is performed, shall discharge any such laborer, the wages which have been earned by such discharged laborer shall become immediately
due and payable. Scrip, etc., to SEC. 2719. It shall not be lawful for any corporation, person or be negotiable.
firm in this State to issue, pay out or circulate for payment of the wages of labor, any order, check, memorandum, token or evidence of indebtedness, payable in whole or in part otherwise than in lawful money of the United States, unless the same is negotiable and redeemable at its face value, without discount, in cash or in goods, wa res or merchandise or supplies, at the option of the holder, at the store or other place of business of such firm, person or corporation, or at the store of any other person on whom such paper may be drawn, where goods, wares or merchandise are kept for sale, sold or exchanged, and the person who, or corporation, firm or company which may issue any such order, check, memorandum, token or other evidence of indebtedness, shall, upon presentation and demand, within thirty days from date of delivery thereof, redeem the same in goods, wares, merchandise or supplies at the current cash market price for like goods, wares, merchandise or supplies, or in lawful money of the United States, as
may be demanded by tlie holder of any such order, memorandum, Provisos. token or other evidence of indebtedness : Provided, That if said
corporation, person or firm engaged as specified in this section have a regular pay day once in every thirty days, then said corporation, person or firm shall not be required to redeem such token or evidence of indebtedness in cash until the first pay day after the same becomes payable, as herein provided, and such token or evidence of indebtedness shall be presented for payment in cash