Penalty.

Employment of children.

Application of

law.

Annual re

port.

Two hours to be allowed.

Safety cages, etc.

charge. If the inspector can not be immediately present in case of a fatal or serious accident occurring, it shall be the duty of the superintendent, owners or persons in charge of the mine to have written statements made by those witnessing the same and duly sworn to. In case of no person being present at the time of the accident, then the statement of those first present shall be taken which statement shall be sworn to before some person qualified to administer oaths; and such sworn statements shall be placed in the hands of the inspector upon the demand of that officer.

SEC. 144. Any owner, lessor, lessee or agent of any mine who shall fail to comply with the provisions of the preceding section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, and not less than two hundred dollars.

SEC. 145. All corporations or individuals working mines in South Dakota who shall employ, or permit to be employed, in such mines any children under fourteen years of age shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine not exceeding one thousand dollars.

SEC. 146. The provisions of this article shall not apply to mines in which no other person but the owner or owners, or lessees thereof, are permitted to work.

SEC. 147. The inspector of mines shall make a report to the governor of South Dakota on the fifteenth day of November of each year, and said report shall enumerate all accidents that have occurred in the mines of South Dakota, which have occasioned serious injury or resulted fatally to persons employed therein, together with the nature and cause of such accident. Said report shall also contain statistical and other information which may tend to promote the development of the mineral resources of South Dakota; and shall generally set forth the result of the inspector's labors for the year. Such report shall be printed as are the reports of other State officers.

Time to vote to be allowed employees.

SECTION 1924. Any person entitled to vote at any election held within this State shall, on the day of such election be entitled to absent himself from any service or employment in which he is then engaged or employed for a period of two hours between the time of opening and the time of closing the polls, and such voter shall not because of so absenting himself be liable to any penalty, nor shall any deduction be made on account of such absence from his usual salary or wages: Provided, however, That application shall be made for such leave of absence prior to the day of election. The employer may specify the hours during which such employee may absent himself as aforesaid. Any person or corporation who shall refuse to an employee the privilege hereby conferred, or who shall subject an employee to a penalty or reduction of wages because of the exercise of such privilege, or who shall directly or indirectly violate the provisions of this section, shall be guilty of a misdemeanor.

Mine regulations-Safety apparatus.

SECTION 2581. It shall be unlawful for any person to sink or work through any vertical or inclined shaft, where mining cages are used, at a greater depth than two hundred feet unless the said shaft is provided with an iron bonneted safety cage, to be used in lowering and hoisting employees or any other persons into or from such shaft. The safety apparatus, whether consisting of eccentrics, springs or other devices, must be securely fastened to the cage and be of sufficient strength to hold the cage loaded at any depth to which the shaft may be sunk. The iron bonnet must be made of boiler sheet iron of good quality, at least three-sixteenths of an inch in thickness, and must cover the top of the cage in

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.

Gases, etc., to

SECTION 2583. Any person or persons, corporations or companies 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 section shall be guilty of a misdemeanor and upon conviction thereof shall 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, 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.

Evidence.

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 employees-Employment of minors in barrooms.

em

Sale to ployees may be forbidden.

SECTION 2844 (as amended by chapter 165, Acts of 1903). It shall not be lawful for any person to sell, furnish or give away 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 Employing 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 workshops-Doors to open outwardly—Fire escapes.

SECTION 3163. All doors of ingress or egress in all public buildings 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.

*

minors.

Doors to open outwardly.

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 in height, shall be provided by the owners thereof with two or more fire escapes, placed within easy access of the occupants of said building.

CIVIL CODE.

Fire escapes.

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 mingives the employer notice that he claims such wages.

or, when.

Definition of contract.

when.

Employment of labor-General provisions.

SECTION 1447. The contract of employment is a contract by which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the employer, 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 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

risks.

Want of care.

SEC. 1449. An employer is not bound to indemnify his employee 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.

SEC. 1450. An employer must in all cases indemnify his em ployee for losses caused by the former's want of ordinary care.

These 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 considera- service for another, is not bound to perform the same, but if he actually enters upon its performance he must use at least slight care and diligence therein.

out tion.

Employment on request.

SEC. 1452. One who, by his own special request, induces another 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 serve consideration. another, must perform the service, and must use ordinary care and diligence therein, so long as he is thus employed.

Service for personal advantage.

SEC. 1455. One who is employed at his own request to do that 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.

*

SEC. 1456. A contract to render personal service, other than a contract of apprenticeship, ** cannot be enforced against the employee beyond the term of two years from the commencement of service under it, but if the employee voluntarily continues his services under it beyond that time, the contract may be referred to as affording a presumptive measure of the compensation. SEC. 1457. An employee must substantially comply with all the directions of his employer concerning the service on which he is engaged, even though contrary to the provisions of this title, except 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 employer 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 reasonably practicable, and most for the interest of the latter.

SEC. 1458. An employee must perform his service in conformity to the usage of the place of performance, unless otherwise directed by his employer, or unless it is impracticable, or manifestly injurious to his employer to do so.

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.

Same subject.

A c quisitions

SEC. 1460. An employee is always bound to use such skill as he possesses, so far as the same is required, for the service specified. SEC. 1461. Everything which an employee acquires by virtue of 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 may be 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.

business to

SEC. 1464. An employee who has any business to transact on his Employer's 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.

of

SEC. 1467. Where service is to be rendered by two or more per- Survivor 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 with- ees. out 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.

after death of employer.

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

at will.

SEC. 1471. An employment having no specified term may be Termination terminated at the will of either party on notice to the other, except 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 employee; 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.

By employer.

Forfeiture of

wages.

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.

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. of 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.

Measure

term ice.

Monthly term presumed.

SEC. 1478. In the absence of any agreement or custom as to the 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 of 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 renewed the agreement for the same wages and term of service.

Servant's

time.

Delivery

ceived.

of

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 case ten hours in the day.

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 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

cause.

Service with

out ment.

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.

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 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 his 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.

Executions for wages.

CODE OF CIVIL PROCEDURE.

Wages preferred-In executions.

SECTION 361. Nothing in this chapter [13] shall be so construed as to exempt any personal property from execution for laborer's or mechanic's wages, or physician's bills, except that absolutely exempt;