Exemption of wages from execution, etc. when. 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, 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. PROBATE CODE. Wages preferred-In administration. SECTION 291. All demands against the estate of any deceased person must be paid in the following order: 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. Order of payment of demands. JUSTICES' CODE. Exemption of wages from attachment-Nonresidents. residence controls. 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 appear that such person is a nonresident of the State of South 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. PENAL CODE. 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 first day of the week, the doing any of which is Sabbath breaking: Class of acts. 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 is prohibited, excepting works of necessity or charity. Servile labor. 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. SEC. 49 (as amended by chapter 206, Acts of 1903). Every person guilty of Sabbath breaking is punishable by a fine of not more than ten dollars for each offense. etc. Penalty. Attempting to influence vote. Forfeiture. Penalties. Causing death Protection of employees as voters. SECTION 62. It shall not be lawful for any employer in paying his employees the salary or wages due them, to inclose their pay in "pay envelopes" upon which there is written or printed any political mottoes, devices or arguments, containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employees. Nor shall it be lawful for any employer within ninety days of a general election, to put up or otherwise exhibit in his factory, mill, workshop or other establishment or place where his employees may be working, any handbill or placard containing any threat, notice or information, that in case any particular ticket or candidate shall be elected work in his place or establishment will cease in whole or in part, or that his establishment will be closed up, or the wages of his workmen will be reduced, or other threats, express or implied, intended or calculated to influence the political opinion or the actions of his employees in voting. This section shall apply to corporations as well as to individuals. Any person or corporation violating the provisions of this section shall be guilty of a misdemeanor. Any corporation violating the provisions of this section shall, upon proof thereof, forfeit its charter. SEC. 64. Whoever shall violate any of the preceding provisions of this chapter shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than three months nor more than one year. Negligence of employees on steamboats, etc. SECTION 261. Every captain or other person having charge of on steamboats; any steamboat used for the conveyance of passengers, or of the boilers or engines thereof, who, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, creates or allows to be created, such an undue quantity of steam as to burst or break the boiler or other apparatus in which it shall be generated, or any apparatus or machinery connected therewith, by which bursting or breaking any person is killed, is deemed guilty of manslaughter in the second degree. In factories, etc. SEC. 262. Every engineer, or other person having charge of any steam boiler, steam engine or other apparatus for generating or employing steam, employed in any manufactory, railway or other mechanical works, who willfully or from ignorance or gross neglect creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine or apparatus, or to cause any other accident whereby the death of a human being is produced, is guilty of manslaughter in the second degree. Endangering SEC. 418. Every captain or other person having charge of any life on steam- steamboat used for the conveyance of passengers, or of the boilers boats; and engines thereof, who, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, creates or allows to be created such an undue quantity of steam as to burst or break the boiler or other apparatus in which it shall be generated, or any apparatus or machinery connected therewith, by which bursting or breaking, human life is endangered, is guilty of a misdemeanor. In factories. SEC. 419. Every engineer or other person having charge of any steam boiler, steam engine, or other apparatus for generating or employing steam, employed in any manufactory, railway or other mechanical works, who willfully or from ignorance or gross neglect, creates or allows to be created such an undue quantity of steam as to burst or break the boiler or engine or apparatus, or cause any other accident whereby human life is endangered, is guilty of a misdemeanor. Intoxication, negligence, etc., of railroad employees. SECTION 478. Every person who, while in charge, as engineer, In toxication of a locomotive engine, or while acting as conductor or driver of engineer, etc. upon a railroad train or car, whether propelled by steam or drawn by horses, is intoxicated, is guilty of a misdemeanor. SEC. 479. Every engineer, conductor, brakeman, switch tender, Negligence enor other officer, agent, or servant of any railroad company, who is dangering life. guilty of any willful violation or omission of his duty as such officer, agent or servant, by which human life or safety is endangered, the punishment for which is not otherwise prescribed, is guilty of a misdemeanor. Intimidation of employers and employees. ment. employ SECTION 757. Every person who, by any use of force, threats or Interfering intimidation, prevents or endeavors to prevent any hired foreman, with journeyman, apprentice, workman, laborer, servant or other person employed by another from continuing or performing his work, or from accepting any new work or employment, or to induce such hired person to relinquish his work or employment, or to return any work he has in hand before it is finished, is guilty of a misdemeanor. Threatening SEC. 758. Every person who, by any use of force, threats or intimidation, prevents or endeavors to prevent another from em- employers. ploying any person, or to compel another to employ any person, or to force or induce another to alter his mode of carrying on business, or to limit or increase the number of his hired foremen, journeymen, apprentices, workmen, laborers, servants or other persons employed by him, or their rate of wages or time of service, is guilty of a misdemeanor. Entering mines, etc. SEC. 759. In all cases where two or more persons shall enter upon or into any lode, gulch, placer claim or quartz mill or other mining property, or, not being upon such property but within hearing of the same, shall make any threats or make use of any language, sign or gesture calculated to intimidate any person or persons at work on said property from continuing work thereon or therein, or to intimidate others from engaging to work thereon or therein, every such person so offending, shall, upon conviction, be punished by imprisonment in the county jail not exceeding six months and not less than thirty days, and by a fine not exceeding two hundred and fifty dollars, such fine to be discharged either by payment or by confinement in such jail until such fine is discharged at the rate of two dollars and fifty cents per day. On trials under this section, proof of a common purpose Evidence. of two or more persons ** * to intimidate laborers as above ** set forth, accompanied or followed by any of the acts above specified, by any of them, shall be sufficient evidence to convict any one committing such acts, although the parties may not be associated together at the time of committing the same. Hours of labor of women and children. Limit of ten SECTION 764. Every owner, stockholder, overseer, employer, clerk or foreman, of any manufactory, workshop or other place used for hours. mechanical or manufacturing purposes, who, having control, shall compel any woman or any child under eighteen years of age, or permit any child under fourteen years of age, to labor in any day exceeding ten hours, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by fine not exceeding one hundred and not less than ten dollars. ACTS OF 1903. CHAPTER 179.—Mine regulations. SECTION 1. In all mining shafts fifty feet or more in depth containing two or more compartments ladder ways shall be constructed in a compartment separate from the compartment in Ladder ways. which the cage or bucket runs, and platforms shall be built for landings at every twelve feet, with inclined ladders between said platforms. SEC. 2. Any person violating the provisions of this law shall be deemed guilty of a misdemeanor, the same to be prosecuted as are other violations of the laws of this State; and upon conviction thereof the offender shall be fined not less than one hundred dollars nor more than three hundred dollars, and imprisoned not exceeding three months for each offense, in the judgment of the court or magistrate who tries the case. CHAPTER 181.-Mine regulations. SECTION 1. At all mines where hoisting apparatus is operated in the State of South Dakota, the following code of bell signals shall hereafter be adopted and used: SEC. 2. One bell, hoist,; one bell, stop, (if in motion.) Two bells, lower men; three bells, hoist men. Four bells, blasting signal. Engineer must answer by raising bucket or cage a few feet and letting it back slowly; then one bell, hoist men away from blast. Five bells, steam on; six bells, steam off. Three-two-two bells, send down tools. Nine bells, danger signal (fire, accident or other danger). Then ring number of station where danger exists. No person shall ring any signal bell except the station tender, except in case of danger or when the main shaft is being sunk. Engineers must slow up when passing stations when men are on the cage or bucket. Violations. Age limit. If cage is wanted ring station signal. Station tender will respond in person. If station is full of ore and station tender is wanted ring station signal. One copy of this code shall be posted on the gallows frame and one before the engineer. SEC. 3. Any person violating the provisions of this law shall be deemed guilty of a misdemeanor, the same to be prosecuted as are other violations of the laws of this State, and upon conviction thereof the offender shall be fined not less than one hundred dollars nor more than three hundred dollars, and imprisoned not exceeding three months for each offense, in the judgment of the court or magistrate who tries the case. ACTS OF 1907. CHAPTER 135.-Employment of children-Age limit. SECTION 150. No child under the age of fifteen years shall be employed, permitted or suffered to work at any gainful occupation in any mine, hotel, laundry, manufacturing establishment, factory, passenger or freight elevator[,] bowling alley, or in any saloon, theater, concert hall or place of amusement where intoxicating liquors are sold, or as messenger or driver thereof, or in any other manner in work performed for wages or other compensation, to whomsoever payable, during any portion of any month during the hours when the public schools of any district in which he or she resides are in session. Every owner, superintendent or overseer of any mine, factory, Violations. workshop, mercantile establishment, or any other person who shall employ any child under fifteen years of age contrary to the provisions of this article shall be deemed guilty of a misdemeanor, and for every offense shall upon conviction thereof be fined not less than $10 nor more than $50 and costs. Any person having the control of a child or who may have children in his employ, who with the intent to evade the provisions of this article shall make a willfully false statement concerning the age of such child or in regard to facts covered by any other provision of this article, shall for such an offense be fined in any sum not less than $10 nor more than $50 for the use of the public school corporation. CHAPTER 219.-Liability of railroad companies for injuries to employees. Acts of SECTION 1. Every common carrier engaged in trade or commerce in the State of South Dakota shall be liable to any of its ployees. employees, or in case of his death, to his personal representative for the benefit of his widow and children, if any, if none, then for his parents, if none, then for his next of kin dependent upon him, for all damages which may result from the negligence of any of its officers, agents or employees, or by reason of any defect or insufficiency due to its negligence in its cars, engines, appliances, Defects. machinery, track, roadbed, ways or works. SEC. 2. In all actions hereafter brought against any common carrier to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery where his contributory negligence was less than the negligence of the employer, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee. All questions of negligence and contributory negligence shall be for the jury. SEC. 3. No contract of employment, insurance, relief benefit or indemnity for injury or death entered into by or on behalf of any employee, nor the acceptance of any such insurance, relief benefit, or indemnity by the person entitled thereto shall constitute any bar or defense to any action brought to recover damages for personal injuries to or death of such employee: Provided, however, That upon the trial of such action against any common carrier the defendant may set off therein any sum it has contributed towards any insurance, relief benefit or indemnity that may have been paid to the injured employee, or in case of his death, to his personal representative. SEC. 4. No action shall be maintained under this act, unless commenced within two years from the time the cause of action accrued. CHAPTER 220.-Hours of labor of employees on railroads. SECTION 1. No common carrier, nor any officer nor agent thereof, shall require or permit any employee engaged in or connected with the movement of any train to remain on duty more than sixteen consecutive hours, or require or permit any such employee who has been on duty sixteen consecutive hours to go on duty without having had at least ten hours off duty, or require or permit any such employee who has been on duty sixteen hours in the aggregate in any twenty-four hour period to continue on duty or to go on em Comparative negligence. Contracts not a bar. Limitation. Limit of sixteen hours. |