Sidebilder
PDF
ePub

etc.

only on such pay days: Provided, That the provisions of this sec-
tion shall not apply to agricultural contracts or advances made
for agricultural purposes.
This section is constitutional. 47 S. E. Rep. 695.

SEC. 2720 (as amended by act No. 254, Acts of 1904). Any officer Failure to reor agent of any corporation, or any person, firm or company, en

deem orders, gaged in the business of manufacturing or mining in this State, who by themselves or agent shall issue or circulate in payment for 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 without being negotiable and payable at the option of holder in goods, wares, merchandise, supplies or lawful money of the United States, as required by section 2719, or shall fail to redeem the same when presented for payment within thirty days from date of delivery thereof, by the said company or its agents, at his or their office or place of business, in lawful money of the United States, or who shall compel or attempt to coerce any employee of any such corporation, shall forfeit to the employee or legal owner and holder of such order, check, memorandum, token or evidence of indebtedness, fifty dolJars, to be recovered in any court of competent jurisdiction : Provided, That in establishments for manufacturing lumber or brick such checks shall not be redeemable in cash except on regular pay days.

Rights and remedies of employees on street railways.

reme.

SECTION 2848. Every employee of any street railway doing busi

What ness in this State shall have the same rights and remedies for an

glen afply. injury suffered by any person from the acts or omission of said corporation, or its employees, as are provided by the constitution for employees of railroad corporations.

Protection of employees on street railways-Inclosed platforms.
SECTION 2848a (added by chapter 573, Acts of 1902; amended by Platforms to

be inclosed, act No. 236, Acts of 1904). Electric street railway companies shall

when.
affix to their cars or coaches suitable vestibules for the protection
of the motormen during the months of December, January, Feb-
ruary and March. Any corporation running and operating electric
street railway cars or coaches who fails to comply with the provi-
sions of this act, within six months, shall be subject to a penalty of
ten dollars per day, to be recovered by any citizen in the city or
town where such corporation does business, for the benefit of the
State.

Actions for injuries-Survival.
SECTION 2859 (as amended by act No. 471, Acts of 1905). Causes

What actions

to survive. of action for and in respect to any and all injuries and trespasses to and upon real estate and any and all injuries to the person or to personal property, shall survive both to and against the personal or real representative (as the case may be) of deceased persons, and the legal representatives of insolvent persons, and defunct or insolvent corporations, any law or rule to the contrary, notwithstanding.

CODE OF CIVIL PROCEDURE.

Exemption of wages from execution, etc. SECTION 317. The judge may order any property of the judg. Sixty d a y s' ment debtor, not exempt from execution, in the hands either of empt, when. himself or any other person, or due to the judgment debtor, to be applied towards the satisfaction of the judgment; except that the earnings of the debtor for his personal services, at any time

within sixty days next preceding the order, can not be so applied, when it is made to appear, by the debtor's affidavit or otherwise, that such earnings are necessary for the use of a family supported wholly or partly by his labor.

CRIMINAL CODE.

Negligence of employees on steamboats.

Injury caused SECTION 137. If any person within this State shall suffer injury by negligence. to life or limb, by the explosion of any boiler of a steamboat, or

by reason of the unskillfulness, mismanagement, or negligence of the persons having the charge or command of the said boat, or her engine, or by reason of any defect in the said engine or boat, or by reason of the deficiency or want of any matter or thing necessary and proper for the management or seaworthiness of the said boat, the captain, master, or other person having the command or charge of such boat, shall, for every such injury, be deemed guilty of a misdemeanor, and, on conviction, shall be pun

ished by fine or imprisonment, or both, at the discretion of the Proviso.

court before which such conviction shall be had : Prorided, horsever, That nothing contained in this section shall be so construed as to prevent the defendant from showing, on the trial, that the injury arose from unavoidable accident, or without fault on his part, and that this section shall not in any manner be construed to restrict the liability of any person to be indicted, tried, and punished under any law existing.

Protection of employees as voters. Discharging

SECTION 277. Whoever shall assault or intimidate any citizen employees, etc., because of political opinions or the exercise of political rights and on account of

privileges guaranteed to every citizen of the United States by the Constitution and laws thereof, or by the constitution and laws of this State, or, for such reason, discharge such citizen from employ. ment or occupation, or eject such citizen from rented house or land or other property, such person shall be deemed guilty of a misdemeanor, and, on conviction thereof, be fined not less than fifty or (nor) more than one thousand dollars, or be imprisoned not less than three months or (nor) more than one year, or both, at the discretion of the court.

vote.

Hours of labor of employees on street railways.

Limit of SECTION 322. No incorporated horse railway company, electric twelve hours. railway company, or other street railway company, and no otficer,

agent or servant of such corporation, and no person or persons or firm or joint stock company owning or operating any line or lines of horse railways, electric railways or other street railways within the limits of this State, and no agent or servant of such firm, joint stock company, person or persons, shall require, permit or suffer its, his or their conductors, motormen or drivers or other such employees, or any of them, in its, his or their service, or under his, its or their control, to work more than twelve hours during each or any day of twenty-four hours, and shall make no contract or agreement with such employees, or any of them, providing that they or he shall work for more than twelve hours

during each day or any day of twenty-four hours. Violation. If any corporation, or any officer, agent or servant of such cor

poration, or any person or persons, or any firm or joint stock company, managing or conducting any horse railway, electric railway or other street railway in this State, or any agent or servant of such person or persons, firm or joint stock company, shall do any act in violation of the provisions of this section, it, he or they shall be deemed to have been guilty of a misdemeanor, and shall on conviction thereof in a court of competent jurisdiction be fined

Provisos.

one hundred dollars for each offense so committed : Provided, hou. ever, That in cases of accident or unavoidable delay extra labor may be permitted for extra compensation : Provided, The employees of the said corporations of the city of Columbia, if they so desire, to [may] work more than twelve hours daily, conditioned that they receive extra compensation for all work done over eleven hours.

Seats for female employees.

to

be

SECTION 333. It shall be the duty of all employers of females in Seats any mercantile establishment, or any place where goods or wares provided. or merchandise are offered for sale, to provide and maintain chairs or stools, or other suitable seats, for the use of such female employees, to the number of one seat for every three females employed, and to permit the use of such seats by such employees, at reasonable times, to such an extent as may be requisite for the preservation of their health. And such employees shall be permitted to use same, as above set forth, in front of the counter, table, desk or any fixture when the female employee foi the use of whom said seat shall be kept and maintained is principally engaged in front of said counter, table, desk or fixture; and behind such counter, table, desk or fixture when the female employee for the use of whom said seat shall be kept and maintained is prin. cipally engaged behind said counter, table, desk or fixture.

Any person who violates or omits to comply with any of the Penalty. foregoing provisions of this section, or who suffers or permits any woman to stand, in violation of its provisions, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars for each offense.

Payment of wages by contractors.

SECTION 338. It shall be the duty of any contractor or con- Wages to be tractors, in the erection, alteration or repairing of buildings in paid out of re

ceipts. the State of South Carolina, to pay all laborers, subcontractors and material men for their lawful services and material furnished out of the money received for the erection, alteration or repairs of buildings upon which said laborers, subcontractors and material men are employed or interested, and said laborers, as well as all subcontractors and persons who shall furnish material for said building, shall have a first lien on the money received by said contractor or contractors for the erection, alteration or repair of said buildings in proportion to the amount of their respective claims. Nothing herein contained shall make the owner of the Owner not re. building responsible in any way: Provided, That nothing contained sponsible. in this section shall be construed to prevent any contractor or contractors or subcontractors from borrowing money on such contract.

Any contractor or contractors or subcontractors who shall for Failure to pay other purposes than paying the money loaned upon said contract wages, expend and on that account fail to pay to any or all laborers, subcontractors and material men out of the money received as provided in this section and as admitted by such contractor or contractors, or as may be adjudged by any court of competent jurisdiction, shall be deemed guilty of a misdemeanor, and upon conviction, when the consideration for such work and material shall exceed the value of one hundred dollars, shall be fined not less than one hundred dollars nor more than five hundred dollars, or imprisonment not less than three months nor more than twelve months; and when such consideration shall not exceed the value of one hundred dollars, shall be fined not more than one hundred dollars or imprisoned not longer than thirty days: Prorided, Said contractor or contractors or subcontractors may have the right of arbitration by agreement with said laborers, subcontractors and material men.

Payment of wages in scrip. Use of scrip SECTION 358. Any person or persons who shall offer to any payable at fu- laborer or employee, at the time when the wages of such laborer or ture time.

employee are due and payable by agreement, unless otherwise provided for by special contract, as compensation for labor, or services performed, checks, or scrips of any description, known as plantation checks, payable at some future time, or in the shops or stores of employers, in lieu of lawful money, shall be liable to indictment and punishment, by a fine not exceeding two hundred

dollars, or by imprisonment not exceeding one year, or both, Proviso. according to the discretion of the court: Provided, The word

“checks” herein shall not be construed so as to prohibit the giring of checks upon any of the authorized banks of deposit or issue in this State.

Enticing employees.

Enticing la. SECTION 359. Any person who shall entice or persuade by ans borer under means whatsoever, any tenant, servant, or laborer, under contract contract.

with another, duly entered into between the parties before one or more witnesses, whether such contract be verbal or in writing, to violate such contract, or shall employ any laborer knowing such laborer to be under contract with another, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five nor more than one hundred dollars, or be imprisoned in the county jail not less than ten nor more than thirty days.

A contract made by a father for his minor child is not a contract by a laborer : hence to entice such minor employee from his service is not a violation of this section. 63 S. C. 458.

Negligence of employees on railroads.

Grosg care

Negligence SECTION 472. When an engineman, fireman, or other agent or causing injury. officer of a railroad corporation, is guilty of negligence or care

lessness whereby an injury is done to any person or corporation, he shall be punished by imprisonment not exceeding twelve months, or by a fine not exceeding one thousand dollars.

SEC. 473. Whoever, having management of, or control orer, a lessness.

railroad train while being used for the common carriage of persons, is guilty of gross carelessness or neglect in or in relation to the management or control thereof, shall forfeit a sum not exceeding five thousand dollars, or be imprisoned not more than

three years. Violation of Sec. 474. Any engineer, conductor, or other agent or employee rules causing of any railroad company in this State, who shall willfully neg. injury.

lect to observe, or shall willfully violate, any rule or regulation of the company to which such engineer or conductor may belong, whereby any person or persons shall sustain, or be in danger of sustaining, any bodily injury, such engineer or conductor, or other agent or employee, shall be liable to be indicted for every such offense, and upon conviction thereof be fined two bundred dollars and imprisonment not exceeding one year, at the

discretion of the judge before whom such case may be tried: Proviso. Provided, however, That nothing herein contained shall be so con

strued as to relieve such engineer or conductor from responsibil. ity, in cases where the life of any person is destroyed under the law as it now exists.

Sunday labor.

Sunday labor

SECTION 500. No tradesman, artificer, workman, laborer, or forbidden.

other person whatsoever, shall do or exercise any worldly labor, business, or work of their ordinary callings upon the Lord's Day. (commonly called the Sabbath,) or any part thereof, (works of necessity or charity only excepted ;) and every person being of the age of fifteen years or upwards, offending in the premises, shall, for every such offense, forfeit the sum of one dollar.

Sec. 501. No person or persons whatsoever shall publicly cry, Trafficking. show forth, or expose to sale, any wares, merchandise, fruit, herbs, goods, chattels whatsoever, upon the Lord's Day, or any part thereof, upon pain that every person so offending shall forfeit the same goods so cried, or showed forth, or exposed to sale.

SEC. 503. In addition to the penalties prescribed against trades- Operating mamen, artificers, workmen and laborers who shall do or exercise chine shops. any worldly labor, business or work of their ordinary calling upon the Lord's Day (commonly called the Sabbath) or Sunday, or any part thereof, any corporation, company, firm or person who shall order, require or direct any work to be done in any machine shop or shops on Sunday, except in cases of emergency, shall, upon conviction, be deemed guilty of a misdemeanor, and shall be fined in a sum not less than one hundred dollars and not more than five hundred dollars for each offense.

Seamen-Boarding houses. SECTION 611. Whoever shall offend against any or either of the Violation of provisions contained in sections 2291, 2292, 2297, 2298, 2299, 2300, law as to board.

ing houses. and 2301, of the Civil Code, shall be deemed guilty of a misde. meanor, and shall, upon conviction thereof, be punished by imprisonment for a term not exceeding one year and not less than thirty days, or by a fine not exceeding two hundred and fifty dollars and not less than one hundred dollars, or by both such fine and imprisonment.

SEC. 620. It shall not be lawful for any broker, shipping master, Boarding vesor other person engaged in the business of procuring seamen for sel without

leave. vessels, or furnishing them with such seamen, or making contracts for their services, to enter or attempt to go on board of any vessel lying at any port in any waters within the jurisdiction of this State, except as herein provided, without having previously obtained the permission of the master or other person having the care, custody, and control of such vessel; and any such person so entering any vessel as aforesaid, without such permission, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by fine and imprisonment, at the discretion of the judge who tries the case, not to exceed three hundred dollars and three months' imprisonment.

ACTS OF 1903.

Act No. 40.-Accident insurance.

Mutual

com

SECTION 2. Each and every such (manufacturing) company shall further have full power and authority to become a member of panies. any mutual company or association, and to severally subscribe and subject themselves to the constitution and by-laws thereof, which shall be or may have been formed or incorporated, with a view of affording to the members thereof, insurance against or indemnity for any accident or mishap,

ACT No. 74.-Employment of children.

SECTION 1. From and after the first day of May, 1903, no child Age limit. under the age of ten years shall be employed in any factory, mine or textile manufacturing establishment of this State; and from and after the first day of May, 1904, no child under the age of eleven shall be employed in any factory, mine or textile establishment of this State; from and after the first day of May, 1905, no child under the age of twelve years shall be employed in any factory, mine or textile establishment of this State, except as hereinafter provided.

SEC. 2. From and after May first, 1903, no child under the age Night work. of twelve years shall be permitted to work between the hours of

43967--08-78

« ForrigeFortsett »