crops.

Division of SEC. 2716. Whenever labor is performed under contract on 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, harvested, 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 several portions as to him or her or them may seem fitting: Provided, 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.

Proviso.

Payment money.

in

Payment of wages due discharged employees.

Scrip, etc., to

CHAPTER 85.-Payment of wages.

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.

SEC. 2718. When any corporation carrying on any business in this State in which laborers are employed, whose wages, under 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.

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, wares 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 the holder of any such order, memorandum, 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

Provisos.

only on such pay days: Provided, That the provisions of this section 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 redeem orders, or agent of any corporation, or any person, firm or company, en- etc. 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 dollars, 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.

SECTION 2848. Every employee of any street railway doing busi ness in this State shall have the same rights and remedies for an 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 act No. 236, Acts of 1904). Electric street railway companies shall affix to their cars or coaches suitable vestibules for the protection of the motormen during the months of December, January, February and March. Any corporation running and operating electric street railway cars or coaches who fails to comply with the provisions 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 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 judgment debtor, not exempt from execution, in the hands either of 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

Injury caused

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.

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 punished by fine or imprisonment, or both, at the discretion of the court before which such conviction shall be had: Provided, however, 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.

Proviso.

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 vote. Constitution and laws thereof, or by the constitution and laws of this State, or, for such reason, discharge such citizen from employment 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.

Hours of labor of employees on street railways.

SECTION 322. No incorporated horse railway company, electric railway company, or other street railway company, and no officer, 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.

If any corporation, or any officer, agent or servant of such corporation, 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

one hundred dollars for each offense so committed: Provided, how- Provisos. 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.

SECTION 333. It shall be the duty of all employers of females in any mercantile establishment, or any place where goods or wares 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 for 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 principally engaged behind said counter, table, desk or fixture.

Seats provided.

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.

Owner not re

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 receipts. 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 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: Provided, Said contractor or contractors or subcontractors may have the right of arbitration by agreement with said laborers, subcontractors and material men.

Use of scrip

Payment of wages in 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, according to the discretion of the court: Provided, The word "checks" herein shall not be construed so as to prohibit the giv ing of checks upon any of the authorized banks of deposit or issue in this State.

Proviso.

Enticing employees.

Enticing la SECTION 359. Any person who shall entice or persuade by any 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.

Negligence SECTION 472. When an engineman, fireman, or other agent or causing injury officer of a railroad corporation, is guilty of negligence or carelessness whereby an injury is done to any person or corporation,

lessness.

he shall be punished by imprisonment not exceeding twelve months, or by a fine not exceeding one thousand dollars.

Gross care- SEC. 473. Whoever, having management of, or control over, a 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

rules

injury.

of

SEC. 474. Any engineer, conductor, or other agent or employee causing of any railroad company in this State, who shall willfully neglect 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 hundred dollars and imprisonment not exceeding one year, at the discretion of the judge before whom such case may be tried: Provided, however, That nothing herein contained shall be so construed as to relieve such engineer or conductor from responsibility, in cases where the life of any person is destroyed under the law as it now exists.

Proviso.

Sunday labor forbidden.

Sunday labor.

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