such manner as to afford the greatest protection to life and limb from any débris or anything falling down the shaft.

SEC. 2582. Every person or corporation failing to comply with Penalty. the provisions of the preceding section is punishable by a fine not exceeding one thousand dollars.

Exhaust fans, etc., in smelting and reducing works.

SECTION 2583. Any person or persons, corporations or companies Gases, etc., to operating smelters or dry crushing reduction works are hereby be removed, required to put in their respective works exhaust fans and dust chambers or some other contrivance for the removal of all gases, fumes, dust and other impurities that accumulate, at all times in the operation of such works.

Sec. 2584. Any person or persons, corporations or companies Penalty. that shall fail to provide all reasonable safeguards for the protection of life and health of their employees by not putting in their respective works such appliances as provided in the preceding sec. tion shall be guilty of a misdemeanor and upon conviction thereof sball be fined in a sum not exceeding one thousand dollars nor less than five hundred dollars for each offense.

SEC. 2585. Proof of the failure of any such person or persons, Evidence. corporation or company to comply with the provisions of section 2584 shall be prima facie evidence of negligence on the part of any person or persons, corporation or company.

SEC. 2586. The State mine inspector is hereby empowered and Enforcement. compelled to visit such works at least once every month to see that the provisions of section 2583 are enforced.

Sale of liquor to employeesEmployment of minors in barrooms.





SECTION 2844 (as amended by chapter 165, Acts of 1903). It Sale shall not be lawful for any person to sell, furnish or give away

ployees may be

forbidden. any spirituous, malt, brewed, fermented or vinous liquors to any person when forbidden in writing so to do by the employer of such person, * * it shall also be unlawful for

E m ploying

minors. any person to whom any license may be granted to employ any person under twenty-one (21) years of age as a bartender or in any other capacity in connection with the place or room where Intoxicating liquors are sold.


Factories and workshopsDoors to open outwardly-Fire escapes.
SECTION 3163. All doors of ingress or egress in all public build-

Doors to open

outwardly. ings used for public assemblages of any character in this State, including

factories, hotels and all other buildings wherein numbers of persons are employed or are in the habit of meeting together for any purpose, shall be so constructed as to open and swing outward, and doorways shall not be less than four feet in width with proper landings, and stairways of at least equal width.

Sec. 3164. Any person or persons failing to comply with the pro- Misdemeanor. visions of section 3163 or who shall build, maintain, or permit to be used, any such building contrary to the provisions of section 3163, shall be deemed guilty of a misdemeanor. Sec. 3165. All factories,

which are two or more stories Fire escapes. in height, shall be provided by the owners thereof with two or more fire escapes, placed within easy access of the occupants of sa id building.



Earnings of minors. SECTION 124. The wages of a minor employed in service may be Wages may paid to him or her until the parent or guardian entitled thereto be paid to min. gives the employer notice that he claims such wages.

or, when.

Employment of labor-General provisions. Definition of SECTION 1447. The contract of employment is a contract by contract.

which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the em

ployer, or of a third person. Employee to SEC. 1448. An employer must indemnify his employee, except as be indemnified, prescribed in the next section, for all that he necessarily expends when.

or loses in direct consequence of the discharge of his duties as such, or of his obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying such

directions, believed them to be unlawful. Ordinary SEC. 1449. An employer is not bound to indemnify his employee risks.

for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general business, unless he has neglected to

use ordinary care in the selection of the culpable employee. Want of care. SEC. 1450. An employer must in all cases indemnify his en

ployee for losses caused by the former's want of ordinary care.

Those sections (1449 and 1450) are an enactment of the common law

and do not change the rule as to the liability of employers. 3 Dak. 38. Service with Sec. 1451. One who, without consideration, undertakes to do a out considera- service for another, is not bound to perform the same, but if he tion,

actually enters upon its performance he must use at least slight

care and diligence therein. Employment Sec. 1452. One who, by his own special request, induces another on request.

to intrust him with the performance of a service, must perform the same fully. In other cases one who undertakes a gratuitous

service may relinquish it at any time. Accepting SEC. 1453. A gratuitous employee who accepts a written power written power of attorney, must act under it so long as it remains in force, or of attorney.

until he gives notice to his employer that he will not do so. Service for SEC. 1454. One who, for a good consideration, agrees to serre consideration.

another, must perform the service, and must use ordinary care

and diligence therein, so long as he is thus employed. Service for

Sec. 1455. One who is employed at his own request to do tbat personal


which is more for his own advantage than for that of his employer, must use great care and diligence therein to protect the

interest of the latter. Limit of term SEC. 1456. A contract to render personal service, other than a of contract. contract of apprenticeship,

cannot be enforced against . the employee beyond the term of two years from the commence ment of service under it, but if the employee voluntarily continues his services under it beyond that time, the contract may be re

ferred to as affording a presumptive measure of the compensation, Obedience to SEC. 1457. An employee must substantially comply with all the orders.

directions of his employer concerning the service on which he is engaged, even though contrary to the provisions of this title, ercept where such obedience is impossible, or unlawful, or would impose new and unreasonable burdens upon the employee, or in case of an emergency, which, according to the best information which the employee can with reasonable diligence obtain, the entployer did not contemplate, in which he can not, with reasonable diligence, be consulted, and in which noncompliance is judged by the employee, in good faith, and in the exercise of reasonable discretion, to be absolutely necessary for the protection of the employer's interests. In all such cases the employee must conform as nearly to the directions of his employer as may be reasonabis

practicable, and most for the interest of the latter. Usage Sec. 1458. An employee must perform his service in conformity place.

to the usage of the place of performance, unless otherwise directed by his employer, or unless it is impracticable, or manifestly inju

rious to his employer to do so. Degree of SEC. 1459. An employee is bound to exercise a reasonable degree

of of [sic] skill, unless his employer has notice, before employing him, of his want of skill.




SEC. 1460. An employee is always bound to use such skill as he

Same subject. possesses, so far as the same is required, for the service specified.

SEC. 1461. Everything which an employee acquires by virtue of Acquisitions his employment, except the compensation, if any, which is due to by employees. him from his employer, belongs to the latter, whether acquired lawfully or unlawfully, or during or after the expiration of the term of his employment.

SEC. 1462. An employee must, on demand, render to his employer Accounts. just accounts of all his transactions in the course of his service, as often as may be reasonable, and must, without demand, give prompt notice to his employer of everything which he receives for his account. SEC. 1463. An employee who receives anything on account of his Goods received


held employer, in any capacity other than that of a mere servant, is

until demand. not bound to deliver it to him until demanded, and is not at liberty to send it to him from a distance without demand, in any mode involving greater risk than its retention by the employee himself. SEC. 1464. An employee who has any business to transact on his


business to own account, similar to that intrusted to him by his employer, have prefermust always give the latter the preference. If intrusted with ence. similar affairs by different employers, he must give them preference according to their relative urgency, or other things being equal, according to the order in which they were committed to him.

SEC. 1465. An employee who is expressly authorized to employ Substitutes. a substitute is liable to his principal only for want of ordinary care in his selection. The substitute is directly responsible to the principal.

SEC. 1466. An employee who is guilty of a culpable degree of Culpable negnegligence is liable to his employer for the damage thereby caused

ligence. to the latter; and the employer is liable to him, if the service is not gratuitous, for the value of such services only as are properly rendered.

Sec. 1467. Where service is to be rendered by two or more per- Survivor of sons jointly, and one of them dies, the survivor must act alone if joint employthe service to be rendered is such as he can rightly perform without the aid of the deceased person, but not otherwise.

SEC. 1469. Every employment in which the power of the em- Termination ployee is not coupled with an interest in its subject, is terminated of employment. by notice to him of:

1. The death of the employer; or,
2. His legal incapacity to contract.
Every employment is terminated :
1. By the expiration of its appointed term.
2. By the extinction of its subject.
3. By the death of the employee; or,
4. By his legal incapacity to act as such.

Sec. 1470. An employee, unless the term of his service has ex- Continuance pired, or unless he has a right to discontinue it at any time, with- of employment

after death of out notice, must continue his service after notice of the death or

employer. incapacity of his employer, so far as is necessary to protect from serious injury the interests of the employer's successor in interest, until a reasonable time after notice of the facts has been communicated to such successor. The successor must compensate the employee for such service, according to the terms of the contract of employment.

SEC. 1471. An employment having no specified term may be Termination terminated at the will of either party on notice to the other, ex- at will. cept where otherwise provided by this title.

SEC. 1472. An employment, even for a specified term, may be Breach of terminated at any time by the employer, in case of any willful duty by em

ployee ; breach of duty by the employee, in the course of his employment, or in case of his habitual neglect of duty, or continued incapacity to perform it.



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By employer. SEC. 1473. An employment, even for a specified term, may be

terminated by the employee at any time, in case of any willful or permanent breach of the obligations of his employer to him as an

employee. Forfeiture of SEC. 1474. An employee, dismissed by his employer for good

cause, is not entitled to any compensation for services rendered since the last day upon which a payment became due to him under

the contract. Proportionate Sec. 1475. An employee who quits the service of his employer compensation. for good cause, is entitled to such proportion of the compensation

which would become due in case of full performance, as the services which he has already rendered bear to the services which he

was to render as full performance. Definition. Sec. 1476. A servant is one who is employed to render personal

service to his employer, otherwise than in the pursuit of an independent calling, and who in such service remains entirely under

the control and direction of the latter, who is called his master. Measure SEC. 1477. A servant is presumed to have been hired for such of serv- length of time as the parties adopt for the estimation of wages. A

hiring at a yearly rate is presumed to be for one year; a hiring at a daily rate, for one day; a hiring by piecework, for no specified

term. Monthly term SEC. 1478. In the absence of any agreement or custom as to the presumed.

rate or value of wages, the term of service or the time of payment, a servant is presumed to be hired by the month, at a monthly rate

of reasonable wages, to be paid when the service is performed. Renewal SEC. 1479. Where, after the expiration of an agreement respectagreement pre- ing the wages and the term of service, the parties continue the sumed, when.

relation of master and servant, they are presumed to have re

newed the agreement for the same wages and term of service. Servant's Sec. 1480. The entire time of a domestic servant belongs to the

master; and the time of other servants to such an extent as is usual in the business in which they serve, not exceeding in any

ca se ten hours in the day. Delivery or Sec. 1481. A servant must deliver to his master, as soon as with goods, etc., re- reasonable diligence he can find him, everything that he receives ceived.

for his account, without demand; but he is not bound, without orders from his master, to send anything to him through another

person. Discharge for SEC. 1482. A master may discharge any servant, other than an

apprentice, whether engaged for a fixed term or not:

1. If he is guilty of misconduct in the course of his service, or of gross immorality, though unconnected with the same; or,

2. If, being employed about the person of the master, or in a confidential position, the master discovers that he has been guilty of misconduct before or after the commencement of his service, of such a nature that, if the master had known or contemplated it,

he would not have so employed him. Service with Sec. 1525. One who officiously, and without the consent of the

employ, real or apparent owner of a thing, takes it into his possession, for ment.

the purpose of rendering a service about it, must complete such service and use ordinary care, diligence and reasonable skill about the same. He is not entitled to any compensation for bis service or expenses, except that he may deduct actual and necessary expenses, incurred by him about such service, from any profits which his service has caused the thing to acquire for its owner, and must account to the owner for the residue.





Wages preferredIn erecutions. Executions

SECTION 361. Nothing in this chapter [13] shall be so construed for wages.

as to exempt any personal property from execution for laborer's or mechanic's wages, or physician's bills, except that absolutely exempt;

Exemption of wages from execution, etc.

SECTION 403. The judge may order any property of the judgment Sixty days' debtor, not exempt from execution, in the hands either of himself wages exempt,

when. or any other person, or due 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.


Wages preferred-In administration.

SECTION 291. All demands against the estate of any deceased Order of pay.

ment person must be paid in the following order :

of de

mands. 1. Funeral expenses. 2. The expenses of last sickness. 3. Expenses of administration.

4. Any debts that may be due by decedent personally to servants and employees for services rendered within the sixty days next preceding his death.


Eremption of wages from attachment-Nonresidents.

SECTION 41. Whenever in any proceedings in any court of this Law of State State to subject the wages due to any person to attachment it shall of

residence appear that such person is a nonresident of the State of South

controls. Dakota, that the wages earned by him were earned and payable outside of the State of South Dakota, the said person whose wages are so sought to be subjected to attachment shall be allowed the same exemption as is at the time allowed to him by the law of the State in which he so resides.


Sunday labor.

SECTION 41. Under the term "day" as employed in the phrase, Day defined. first day of the week,” in the seven sections following, is included all the time from midnight to midnight. SEC. 42. The following are the acts forbidden to be done on the

Class of acts. first day of the week, the doing any of which is Sabbath breaking:

1. Servile labor.
2. Public sports.
3. Trades, manufactures and mechanical employments.
4. Public traffic.
5. Serving process.
SEC. 43. All manner of servile labor on the first day of the week

Servile labor. is prohibited, excepting works of necessity or charity. Sec. 44. It is a sufficient defense in proceedings for servile labor

Defense. on the first day of the week, to show that the accused uniformly keeps another day of the week as holy time, and does not labor upon that day, and that the labor complained of was done in such manner as not to interrupt or disturb other persons in observing the first day of the week as holy time.

SEC. 46. All trades, manufactures and mechanical employments Manufactures, upon the first day of the week, are prohibited.

etc. Sec. 49 (as amended by chapter 206, Acts of 1903). Every per- Penalty. son guilty of Sabbath breaking is punishable by a fine of not more than ten dollars for each offense.

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